Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
This action is in reply to papers filed 8/25/2026. Applicant has amended claims 1-3.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Otoguro et al. in view of Hashimoto et al. (US 8,210,301 B2) and in further view of Usami et al. (US 2012/0097466 A1).
Regarding claim 1, Otoguro et al. discloses a vehicle lower part structure comprising: a frame-shaped member having a frame shape including a pair of right and left first frames (see the inner portions of rocker 14—the portions of 14 that are in contact with elements 18a as shown in Figs. 1-3) extending in a vehicle front-rear direction and a pair of front and rear second frames extending in a vehicle width direction (elements 22b; Fig. 4), the frame-shaped member being configured to house a battery (battery 20) inside; a battery cover (floor panel 10) provided on an upper surface of the frame-shaped member and extending in the vehicle front-rear direction and the vehicle width direction (Para. 0019; Fig. 2); and a crossmember (floor cross 16) extending in the vehicle width direction (Fig. 3), connecting the pair of right and left first frames, and protruding into a vehicle cabin above the battery cover (Figs. 1-2).
Otoguro et al. differs from the invention as claimed because Otoguro et al. does not disclose that a portion of floor cross 16 extends downward such that the crossmember overlaps battery 20 when viewed in the vehicle front-rear direction.
Hashimoto et al., however, teaches a transverse structural crossmember 5 spanning between left and right longitudinal side frames 4 in an underfloor battery vehicle. Crossmember 5 includes an upper surface portion 5a and front and rear surface portions 5b and 5c that extend downward from the upper surface portion.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included c-shaped a portion of the floor cross extending downward such that the crossmember overlaps the battery when viewed in the vehicle front-rear direction as taught by Hashimoto et al. on the invention of Otoguro et al. for the purpose of allowing for load transfer between the left and right side frames and increases vehicle-body rigidity.
Usami et al., teaches an electric vehicle having a battery unit mounted below the vehicle floor, the battery-unit side connection portions are positioned at the vehicle body locations where widthwise floor crossmembers are located (front and rear floor crossmembers 13 and 14 are on the upper face of the floor panel 1; Para. 0030; Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have the C-shaped floor cross 16 of Otoguro et al. with the downwardly extending wall portions as taught by Hashimoto and to position those depending portions relative to the underfloor battery structure as taught by Usami et al. such that at least a portion of the floor cross overlaps the battery when viewed in the vehicle front-rear direction. One of ordinary skill in the art would have been motivated to make this modification in order to improve transverse load transfer, vehicle body rigidity and protection of the underfloor battery structure (applying the known technique disclosed in Hashimoto et al. to a known device discloses in Otoguro et al. known device in order to obtain the predictable results discloses in Usami et al.).
Regarding claim 2, Otoguro et al. as modified by Hashimoto et al. and Usami et al. disclose vehicle lower part structure according to claim 1. Otoguro et al. further discloses wherein both ends of the crossmember (floor cross 16) are laid on upper surfaces of the first frames (Fig. 3).
Regarding claim 3, Otoguro et al. as modified by Hashimoto et al. and Usami et al. disclose the vehicle lower part structure according to claim 1. Otoguro et al. further discloses wherein the crossmember includes an attachment portion (seat bracket 32) for attachment of a vehicle seat (Paras. 0029-0030).
Regarding claim 4, Otoguro et al. as modified by Hashimoto et al. and Usami et al. disclose the vehicle lower part structure according to claim 1. Otoguro et al. further discloses wherein: a rocker (see the outermost portions of rocker 14) extending in the vehicle front-rear direction is provided outside the frame-shaped member in the vehicle width direction (Fig. 2); and the first frame is attached to the rocker (Figs. 1-3).
Regarding claim 5, Otoguro et al. as modified by Hashimoto et al. and Usami et al. disclose the vehicle lower part structure according to claim 1. Otoguro et al. further discloses wherein the battery cover is a floor panel (floor panel 10) constituting a floor surface of the vehicle cabin (Fig. 2’; Para. 0019).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY LYNN JOHNS whose telephone number is (313)446-4852. The examiner can normally be reached 9:00-5:30.
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/HILARY L JOHNS/Examiner, Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
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