CTNF 18/823,701 CTNF 89483 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 1 recites the limitation "the right and left first frames" in lines 8-9. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests amending the limitation to recite “the pair of right and left first frames”. Appropriate correction is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claims 1-5 are r ejected under 35 U.S.C. 102(a )(1) as being a nticipated b y O toguro et al. (JP 2019123272 A). R egarding 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 cross member (floor cross 16) extending in the vehicle width direction (Fig. 3), connecting the right and left first frames, and protruding into a vehicle cabin above the battery cover (Figs. 1-2). Regarding claim 2, Otoguro et al. discloses vehicle lower part structure according to claim 1. Otoguro et al. further discloses wherein both ends of the cross member (floor cross 16) are laid on upper surfaces of the first frames (Fig. 3). Regarding claim 3, Otoguro et al. discloses the vehicle lower part structure according to claim 1. Otoguro et al. further discloses wherein the cross member includes an attachment portion (seat bracket 32) for attachment of a vehicle seat (Paras. 0029-0030). Regarding claim 4, Otoguro et al. discloses 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. discloses 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). Citation of Pertinent Prior Art The prior art made of record and cited on PTO Form 892 is considered pertinent to applicant’s disclosure. Conclusion The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. 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 on 9:00-5:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J Allen Shriver can be reached on 303 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HILARY L JOHNS/Examiner, Art Unit 3613 /JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613 Application/Control Number: 18/823,701 Page 2 Art Unit: 3613 Application/Control Number: 18/823,701 Page 3 Art Unit: 3613 Application/Control Number: 18/823,701 Page 4 Art Unit: 3613
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