DETAILED ACTION
The following is a first action on the merits of application serial no. 18/861992 filed 10/31/2024.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements filed 10/31/24 and 7/2/25 has been considered.
Drawings
Figures 4, 5 and 8a should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Further, per MPEP 37 CFR 1.84(u): partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a capital letter. Figures 3 and 8 should be changed to Figure 3a, 3b, 8a and 8b.
Specification
The disclosure is objected to because of the following informalities:
-page 1, paragraph [0001] discloses “The present invention relates to an automotive body side structure of a battery powered vehicle (battery electric vehicle) including a battery pack disposed vehicle inside in a vehicle width direction relative to a side sill.” Should the description read “disposed inside a vehicle width direction” instead, please clarify or amend accordingly. Same issue on page 6, paragraph [0012], lines 4-5.
-page 3, paragraph [0007], lines 4-6 discloses “a battery pack disposed at a lower part of the vehicle body vehicle inside in the vehicle width direction relative to the side sill”. Should the description read “the vehicle body inside in the vehicle width direction” instead, please clarify or amend accordingly.
Appropriate correction is required.
Claim Objections
Claim 4 is objected to because of the following informalities:
-Claim 4, lines 4-5 recites the limitation “a battery pack disposed at a lower part of the vehicle body vehicle inside in the vehicle width direction relative to the side sill”. Should the limitation read as “the vehicle body inside in the vehicle width direction” instead, please clarify or amend accordingly.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
-the collision energy absorptive parts (generic placeholder) being configured to be crushed to absorb collision energy (function) when a collision load is input to the side sill from the vehicle outside in the vehicle width direction in claim 4.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al 20190248416 (IDS cited art) in view of Otsuka 20190039653. As to claim 4, Kato discloses an automotive body side structure comprising: a side sill (2) disposed at a vehicle outside in a vehicle width direction of a vehicle body and extending in a vehicle length direction; a battery pack (50) disposed at a lower part of the vehicle body vehicle inside in the vehicle width direction relative to the side sill; and a floor cross member (18) extending in the vehicle width direction and having a vehicle outside end portion in the vehicle width direction connected to the side sill (18 covers floor in width direction towards both side sills as shown in Figure 2), wherein a steel sheet used for the side sill has a tensile strength ([0044], lines 11-13), the side sill has a closed cross section structure in which an opening of a side sill inner having a groove shape opened toward the vehicle outside in the vehicle width direction (as shown in Figure 5, via 22) and an opening of a side sill outer having a groove shape opened toward vehicle inside in the vehicle width direction face each other (as shown in Figure 5, via 21), and a vehicle body upper side end portion and a vehicle body lower side end portion are joined (as shown in Figure 3), the automotive body side structure includes collision energy absorptive parts (56) provided so as to face the closed cross section structure in a protruding shape toward the vehicle outside in the vehicle width direction on an outer peripheral side in the vehicle width direction of the battery pack (56 protrudes outside of 52), the collision energy absorptive parts being configured to be crushed to absorb collision energy when a collision load is input to the side sill from the vehicle outside in the vehicle width direction (as shown in Figures 7-9); and a recessed portion (via 22H as shown in Figure 3; [0047], lines 9-12) having a recessed shape at a vehicle inner side of the closed cross section structure of the side sill in the vehicle width direction, the recessed shape being recessed toward the vehicle outside in the vehicle width direction in accordance with a protruding shape of the collision energy absorptive parts so as to secure a space between the collision energy absorptive parts and the side sill (space between 22 and 56A), the collision energy absorptive parts and the recessed portion are provided along the side sill over an entire length of or a partial length of the vehicle length direction (between Figures 3-5, parts and portion would be at least partial), and when a collision load is input to the side sill from the vehicle outside in the vehicle width direction (as shown in Figures 7-9), the space between the side sill and the battery pack delays a timing at which the side sill and the collision energy absorptive parts come into contact with each other (the space would delay contact between the portion 22 and portion 56A), and before the side sill and the collision energy absorptive parts come into contact with each other, the collision load input to the side sill is transferred to the floor cross member ([0070]), and after the side sill and the collision energy absorptive parts come into contact with each other, the collision energy absorptive parts absorb the collision energy to reduce a load transferred to the battery pack ([0069]-[0070]). However, Kato doesn’t explicitly disclose the tensile strength of sill to be of 980 MPa-class or higher as recited.
Otsuka discloses an automobile body side structure and discloses that it is well known in the art to have a steel sheet used for the side sill having a tensile strength of sill to be of 980 MPa-class or higher.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention provide the side sill tensile strength in Kato to be 980 Mpa or higher in view of Otsuka to increase resistance to deformation and failure under stress which increase structural durability of body side structure.
As to claim 5, wherein the recessed portion is formed in a region of 1/2 or less of the closed cross section structure of the side sill in a vehicle body height direction at a vehicle inner side in the vehicle width direction (Figures 3-5 shows that recessed portion of 22H is obviously less than half of closed cross section structure).
As to claim 6, wherein the recessed portion has a depth of 50 mm or less in the vehicle width direction (Figures 3-5 shows that recessed portion of 22H is obviously less than 50mm in width direction).
As to claim 7, wherein the recessed portion has a depth of 50 mm or less in the vehicle width direction (Figures 3-5 shows that recessed portion of 22H is obviously less than 50mm in width direction).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-The EPO office action has been considered and the examiner agrees that at least the prior art document D1 meets the limitations as recited in claims 4-7.
-Kawabe et al 20180236863 (Figure 2) and An 20220190414 (Figure 3) both disclose side body structures and shows that is it well known in the art to provide a recessed portion on inner side sill forming a space between collision parts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 June 25, 2026
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