DETAILED ACTION
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 .
Claim Objections
Claim 9 is objected to because of the following informality: wording in Line 3. Replacing “a second unlocking rod” with “an unlocking rod” or “two unlocking rods” is suggested. Appropriate correction is required.
Claim 9 is objected to because of the following informality: wording in Lines 3 and 6. Replacing “the second unlocking rod” with “the unlocking rod” or “the two unlocking rods” is suggested. Appropriate correction is required.
Claim 10 is objected to because of the following informality: wording in Line 4. Replacing “the second unlocking rod” with “the unlocking rod” or “the two unlocking rods” is suggested. Appropriate correction is required.
Claim 18 is objected to because of the following informality: wording in Lines 2-3. Replacing “a second unlocking rod” with “an unlocking rod” or “two unlocking rods” is suggested. Appropriate correction is required.
Claim 18 is objected to because of the following informality: wording in Lines 3 and 6. Replacing “the second unlocking rod” with “the unlocking rod” or “the two unlocking rods” is suggested. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 3, 14, and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 3 recites the limitations “the bottom” and “the top” in Lines 2 and 4 respectively. There is insufficient antecedent basis for these limitations in the claim.
Claims 8, 18, and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 8 recites the limitation “the weight” in Line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 6, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 217048326 U) (hereinafter “Wu”) in view of Zhang et al. (US 20240030541 A1) (hereinafter “Zhang”). [Note that prior art citations below are italicized and enclosed in brackets.]
Regarding Claim 1, Wu teaches an unlocking assembly configured to unlock a battery pack in an electric vehicle, wherein the electric vehicle is provided with a locking mechanism, the battery pack is locked and connected to the electric vehicle by means of the locking mechanism [Wu Abstract: “The utility model claims an automobile battery replacing system, comprising a changing electric lock assembly, a lifting device, an unlocking device, the electric changing lock assembly comprises an upper lock body and a lower lock body, the upper lock body is installed on the vehicle body metal plate, the lower lock body is installed on the battery pack beam and at least a part thereof can extend into the upper lock body”], and the unlocking assembly comprises: a first unlocking portion arranged in the battery pack and configured to drive the locking mechanism to move to an unlocking position to unlock the battery pack [Wu Figs. 1-3; Wu Paragraph 0030: “Referring to FIG. 1-3, the utility model claims a battery replacing system, comprising a lifting device, a control device, changing the electric lock assembly 10 and an unlocking device 20, the electric lock assembly 10 comprises an upper lock body 11 and a lower lock body 12, the upper lock body 11 is installed on the vehicle body sheet metal 30, the lower lock body 12 through the fastening nut 50 is detachably mounted on the battery pack beam 40, the unlocking device 20 is located in the lower lock body 12, the lifting device is installed at the bottom of the lower lock body 12, the lifting device is mainly responsible for lifting and transporting of the battery pack, the lower lock body 12 through the unlocking device 20 and the upper lock body 11 in the process of moving up and down on the lifting device. locking and unlocking to change the battery pack.”]; and a second unlocking portion arranged on a battery swapping device and configured to move the first unlocking portion that is located at an initial position in the battery pack to an extended position along a vertical direction to unlock the battery pack [Wu Figs. 1-3; Wu Abstract: “the lifting device is installed at the bottom of the lower lock body and can push the unlocking device to move up and down, in the process of moving up and down on the lifting device, the locking and unlocking device can realize locking and unlocking of the lower lock body and the upper lock body, and the battery pack is replaced.”; Wu Paragraph 10: “the lifting device is installed at the bottom of the top rod, the top rod moves up and down relative to the bearing rod under the action of the lifting device.”; Wu Paragraph 0030: “Referring to FIG. 1-3, the utility model claims a battery replacing system, comprising a lifting device, a control device, changing the electric lock assembly 10 and an unlocking device 20, the electric lock assembly 10 comprises an upper lock body 11 and a lower lock body 12…the unlocking device 20 is located in the lower lock body 12, the lifting device is installed at the bottom of the lower lock body 12…locking and unlocking to change the battery pack…It should be noted that the control device and lifting device is not shown in FIG. 1-3”; Wu Paragraph 0039: “in the lifting of the lifting device, the unlocking device 20 moves upwards, pushing the top rod 25 moves upwards, the top rod 25 in the upward movement of the guide block”], and the battery pack is internally provided with an accommodation cavity that penetrates through along a vertical direction, the first unlocking portion comprises an ejector rod mechanism, and the ejector rod mechanism is movably mounted in the accommodation cavity [Wu Fig. 3, wherein the accommodation cavity is the unnumbered space that surrounds Reference Character 25 (ejector rod mechanism)], the locking mechanism comprises a locking tongue and a locking base, the locking base is provided with a locking slot, the locking tongue moves relative to the locking base to open or close the locking slot, and an output end of the ejector rod mechanism [Wu Figs. 1-3, wherein the output end of the ejector rod mechanism is the uppermost surface of Reference Character 26] but does not teach a locking shaft.
Zhang teaches that the locking mechanism comprises a locking tongue and a locking base, the locking base is provided with a locking slot allowing a locking shaft of the battery pack to enter and lock, the locking tongue moves relative to the locking base to open or close the locking slot, and an output end of the ejector rod mechanism drives the locking tongue to move to the unlocking position to open the locking slot [Zhang Figs. 8 and 9, Reference Character 11 (locking tongue); Zhang Figs. 5-7, Reference Characters 13 (locking base), 1c (locking slot), 21 (locking shaft)]. It would have been obvious for a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the unlocking assembly of Wu, comprising a locking tongue and a locking base, the locking base being provided with a locking slot, the locking tongue moving relative to the locking base to open or close the locking slot, and an output end of the ejector rod mechanism, to include, with a reasonable expectation of success, a locking shaft in view of Zhang. A person having ordinary skill in the art would have been motivated to combine Wu and Zhang because this would have achieved the desirable results of reducing complexity and ensuring reliability, as recognized by Zhang [Zhang Paragraph 0086: “the battery pack 3 can be fixed relative to the bracket 4 in the process of being placed on the locking position on the bracket 4 by a battery replacement device such as a stacker, so as to effectively reduce the complexity of the process and cumbersome steps of installing and fixing the battery pack 3 on the bracket 4, and also ensure the reliability of fixing”]. It should be noted that while Zhang’s locking tongue and locking slot are oriented horizontally, Zhang’s locking shaft is also oriented horizontally, as is the locking shaft of the claimed invention. It should be further noted that while Zhang’s locking tongue and locking slot are oriented horizontally, the structure and operation of Zhang’s locking mechanism match those of the claimed invention and are actually present in a vertical format in Zhang Figs. 8 and 9.
Regarding Claim 3, Wu teaches The unlocking assembly according to claim 1, wherein the second unlocking portion is configured to push an input end at the bottom of the ejector rod mechanism and move the ejector rod mechanism to an extended position, and when the ejector rod mechanism is in the extended position, the output end at the top of the ejector rod mechanism extends out of an opening of the accommodation cavity and is above the surface of the battery pack [Wu Figs. 1-3; Wu Abstract: “the lifting device is installed at the bottom of the lower lock body and can push the unlocking device to move up and down, in the process of moving up and down on the lifting device, the locking and unlocking device can realize locking and unlocking of the lower lock body and the upper lock body, and the battery pack is replaced.”; Wu Paragraph 10: “the lifting device is installed at the bottom of the top rod, the top rod moves up and down relative to the bearing rod under the action of the lifting device.”; Wu Paragraph 0030: “Referring to FIG. 1-3…the upper lock body 11 is installed on the vehicle body sheet metal 30, the lower lock body 12 through the fastening nut 50 is detachably mounted on the battery pack beam 40, the unlocking device 20 is located in the lower lock body 12, the lifting device is installed at the bottom of the lower lock body 12…locking and unlocking to change the battery pack…It should be noted that the control device and lifting device is not shown in FIG. 1-3”; Wu Paragraph 0039: “in the lifting of the lifting device, the unlocking device 20 moves upwards, pushing the top rod 25 moves upwards, the top rod 25 in the upward movement of the guide block”].
Regarding Claim 6, Wu teaches the unlocking assembly according to claim 1, wherein the first unlocking portion comprises a reset member for resetting the ejector rod mechanism to the initial position after an acting force of the second unlocking portion is withdrawn [Wu Figs. 2 and 3, Reference Character 21 (reset member)].
Regarding Claim 14, Wu teaches the unlocking assembly according to claim 3, wherein the first unlocking portion comprises a reset member for resetting the ejector rod mechanism to the initial position after an acting force of the second unlocking portion is withdrawn [Wu Figs. 2 and 3, Reference Character 21 (reset member)].
Claims 7, 11, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 217048326 U) (hereinafter “Wu”) in view of Zhang et al. (US 20240030541 A1) (hereinafter “Zhang”) and further in view of Huang et al. (CN 113212231 A) (hereinafter “Huang”). [Note that prior art citations below are italicized and enclosed in brackets.]
Regarding Claim 7, the combination of Wu and Zhang teaches an unlocking assembly comprising a battery swapping device but does not explicitly teach a disassembly platform. Huang teaches the unlocking assembly according claim 1, wherein the battery swapping device comprises a disassembly platform, the second unlocking portion is arranged on the disassembly platform, and when the disassembly platform is located in a battery removal position below the electric vehicle, the second unlocking portion is at least partially inserted into the battery pack to act on the first unlocking portion, such that the first unlocking portion extends out to unlock the battery pack [Huang Fig. 9, Reference Character 133 (disassembly platform); Huang Fig. 7, Reference Character 123 (typ) (second unlocking portion)]. It would have been obvious for a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the unlocking assembly of the combination of Wu and Zhang, comprising a second unlocking portion, to include, with a reasonable expectation of success, a disassembly platform in view of Huang. A person having ordinary skill in the art would have been motivated to combine Wu, Zhang, and Huang because this would have achieved the desirable result of enabling the battery swapping device to elastically support the tray, as recognized by Huang [Huang Paragraph 0099: “The length of the pin is shorter than the undeformed length of the spring 135 and is longer than the shortest contraction length of the spring 135, so that the second motion frame 131 elastically supports the tray 133”].
Regarding Claim 11, Wu teaches the unlocking assembly according to claim 7, wherein the battery swapping device further comprises a lifting mechanism to lift the disassembly platform to the battery removal position, such that the second unlocking portion abuts against and pushes the first unlocking portion to the extended position [Wu Figs. 1-3; Wu Abstract: “the lifting device is installed at the bottom of the lower lock body and can push the unlocking device to move up and down, in the process of moving up and down on the lifting device, the locking and unlocking device can realize locking and unlocking of the lower lock body and the upper lock body, and the battery pack is replaced.”; Wu Paragraph 10: “the lifting device is installed at the bottom of the top rod, the top rod moves up and down relative to the bearing rod under the action of the lifting device.”; Wu Paragraph 0030: “Referring to FIG. 1-3, the utility model claims a battery replacing system, comprising a lifting device, a control device, changing the electric lock assembly 10 and an unlocking device 20, the electric lock assembly 10 comprises an upper lock body 11 and a lower lock body 12…the unlocking device 20 is located in the lower lock body 12, the lifting device is installed at the bottom of the lower lock body 12, the lifting device is mainly responsible for lifting and transporting of the battery pack, the lower lock body 12 through the unlocking device 20 and the upper lock body 11 in the process of moving up and down on the lifting device…locking and unlocking to change the battery pack…It should be noted that the control device and lifting device is not shown in FIG. 1-3”; Wu Paragraph 0039: “in the lifting of the lifting device, the unlocking device 20 moves upwards, pushing the top rod 25 moves upwards, the top rod 25 in the upward movement of the guide block”]
Regarding Claim 16, the combination of Wu and Zhang teaches an unlocking assembly comprising a battery swapping device but does not explicitly teach a disassembly platform. Huang teaches the unlocking assembly according to claim 3, wherein the battery swapping device comprises a disassembly platform, the second unlocking portion is arranged on the disassembly platform, and when the disassembly platform is located in a battery removal position below the electric vehicle, the second unlocking portion is at least partially inserted into the battery pack to act on the first unlocking portion, such that the first unlocking portion extends out to unlock the battery pack [Huang Fig. 9, Reference Character 133 (disassembly platform); Fig. 7, Reference Character 123 (second unlocking portion)]. It would have been obvious for a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the unlocking assembly of the combination of Wu and Zhang, comprising a second unlocking portion, to include, with a reasonable expectation of success, a disassembly platform in view of Huang. A person having ordinary skill in the art would have been motivated to combine Wu, Zhang, and Huang because this would have achieved the desirable result of enabling the battery swapping device to elastically support the tray, as recognized by Huang [Huang Paragraph 0099: “The length of the pin is shorter than the undeformed length of the spring 135 and is longer than the shortest contraction length of the spring 135, so that the second motion frame 131 elastically supports the tray 133”].
Allowable Subject Matter
Claims 5, 15, and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. [Note that prior art citations below are italicized and enclosed in brackets.]
Regarding Claim 5, the combination of Wu et al. (CN 217048326 U) (hereinafter “Wu”) and Zhang et al. (US 20240030541 A1) (hereinafter “Zhang”) teaches a locking mechanism but does not teach a locking connecting rod or an unlocking block. The prior art does not teach or suggest the unlocking assembly according to claim 1, wherein the locking mechanism comprises a locking connecting rod and an unlocking block, the locking connecting rod is connected to the locking tongue, and the output end acts on the unlocking block on the locking connecting rod to drive the locking tongue to open the locking slot. The closest reference, Zhang, teaches a locking connecting rod [Zhang Figs. 4, 5, and 7, Reference Character 14], but teaches that the locking connecting rod interacts directly with the locking mechanism as opposed to interacting with an intermediate unlocking block.
Claims 8, 18, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. [Note that prior art citations below are italicized and enclosed in brackets.]
Regarding Claim 8, the combination of Wu et al. (CN 217048326 U) (hereinafter “Wu”), Zhang et al. (US 20240030541 A1) (hereinafter “Zhang”), and Huang et al. (CN 113212231 A) (hereinafter “Huang”) teaches an unlocking assembly comprising a disassembly platform but does not explicitly teach the second unlocking portion being partially inserted into the battery pack when the disassembly platform carries the battery pack. The prior art does not teach or suggest the unlocking assembly according to claim 7, wherein when the disassembly platform carries only the weight of the battery pack, the second unlocking portion is at least partially inserted into the battery pack. The closest reference, Huang, teaches a disassembly platform and a second unlocking portion [Huang Fig. 9, Reference Character 133 (disassembly platform); Huang Fig. 7, Reference Character 123 (typ) (second unlocking portion)], but does not teach the second unlocking portion being at least partially inserted into the battery pack when the disassembly platform carries only the weight of the battery pack.
Claims 9, 10, 12, 13, and 20-22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. [Note that prior art citations below are italicized and enclosed in brackets.]
Regarding Claim 9, the combination of Wu et al. (CN 217048326 U) (hereinafter “Wu”), Zhang et al. (US 20240030541 A1) (hereinafter “Zhang”), and Huang et al. (CN 113212231 A) (hereinafter “Huang”) teaches an unlocking assembly comprising a disassembly platform but does not explicitly teach a second unlocking rod partially extending out of the surface of the battery supporting portion. The prior art does not teach or suggest the unlocking assembly according to claim 7, wherein the disassembly platform comprises a first moving platform, the second unlocking portion comprises a second unlocking rod, the second unlocking rod is arranged on the first moving platform, the first moving platform is provided with a battery supporting portion for elastically supporting a battery pack, and when the disassembly platform is located in the battery removal position below the electric vehicle, the second unlocking rod at least partially extends out of the surface of the battery supporting portion to be inserted into the battery pack. The closest reference, Huang, teaches that the disassembly platform comprises a first moving platform [Huang Fig. 9, Reference Character 131 (first moving platform)], the second unlocking portion comprises two unlocking rods [Huang Fig. 7, Reference Character 123 (typ), and that the first moving platform is provided with a battery supporting portion for elastically supporting a battery pack [Huang Fig. 9, Reference Character 135 (battery supporting portion)], but does not teach an unlocking rod that at least partially extends out of the surface of the battery supporting portion to be inserted into the battery pack when the disassembly platform is located in the battery removal position below the electric vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL T WALSH whose telephone number is 303-297-4351. The examiner can normally be reached Monday-Friday 9:00 am - 5:30 pm ET.
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/MICHAEL T. WALSH/Examiner, Art Unit 3613