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 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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2018-188106 in view of Munjurulimana et al. (US 2022/0320659), further in view of Kawabe et al. (US 2018/0236863).
JP 2018-188106 discloses an automotive body side structure comprising a side
sill (12) extending in a vehicle length direction, a battery pack (20) disposed vehicle inside in a vehicle width direction relative to the side sill (12), and a collision energy absorptive part (87) having a substantially U-shaped cross section, as shown in Figures 1-6. The substantially U-shaped cross section includes a bottom portion (93) substantially parallel to a vehicle height direction, and a pair of side wall portions (91,92) continuous from an upper end and a lower end of the bottom portion (93), as shown in Figures 5 and 6. The collision energy absorptive part (87) is provided in a protruding shape toward vehicle outside in the vehicle width direction on an outer peripheral side in the vehicle width direction of the battery pack (20) facing the side sill (12), as shown in Figures 5 and 6. The collision part is easily deformed to absorb collision energy and reduces an input load to the battery pack (20), as shown in Figure 11 and disclosed in paragraph [0043] of the translation. At a time of a side collision in which a collision is input to the side sill (12) from vehicle outside in the vehicle width direction, a space is secured between the collision energy absorptive part (87) and the sill (12), as shown in Figure 11. The collision energy absorptive is away from the side sill (12) so as to make it difficult to transfer the input collision load to the battery pack, as shown in Figure 11.
However, JP 2018-188106 does not disclose the specific material or plate thickness of the collision energy absorptive part.
Munjurulimana et al. teaches forming a collision energy absorptive part (32) with a plate thickness of 1.0-1.5 mm, as disclosed in paragraph [0051].
Kawabe et al. teaches forming an automotive body side structure from steel sheet having a tensile strength of 270 MPa, as disclosed in paragraph [0039].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
form the collision energy absorptive part of JP 2018-188106 with a plate thickness of 1.0-1.4 mm, as taught by Munjurulimana et al., with a reasonable expectation for success to provide sufficient strength to protect the battery pack in the event of a side impact; and,
form the collision energy absorptive part of JP 2018-188106 from steel having a tensile strength of 270 MPa, as taught by Kawabe et al., with a reasonable expectation for success to provide sufficient strength to protect the battery pack in the event of a side impact.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of references, as applied to claim 5, in view of Tyan et al. (US 2021/0114663).
JP 2018-188106, as modified, shows the collision energy absorptive part has an aspect ration of width in the vehicle width direction with respect to a height in the vehicle height direction in a range that is less than 1, as shown in Figure 6.
However, JP 2018-188106 does not explicitly disclose the claimed aspect ratio.
Tyan et al. teaches forming an energy absorptive part with an aspect ratio (w/h) of 0.25-4.0, with 1.0 as specific embodiment, as disclosed in paragraphs [0012-0013].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the collision energy absorptive part of JP 2018-188106, as modified, with an aspect ratio of 1.0, as taught by Tyan et al., with a reasonable expectation for success to provide sufficient strength to protect the battery pack in the event of a side impact.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of references, as applied to claim 5, in view of Ozawa et al. (US 2019/0326573).
JP 2018-188106, as modified, does not disclose the inclination of the side walls.
Ozawa et al. teaches forming a collision energy absorptive part (38) with an incline in a direction in which the pair of side walls approach each other toward the vehicle outside in the vehicle width direction, as shown in Figures 1 and 5.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the collision energy absorptive part of JP 2018-188106, as modified, with an include in a direction in which the pair of side wall portions approach each other toward the vehicle outside in the vehicle width direction, as taught by Ozawa et al., with a reasonable expectation for success to improve energy absorption and safety.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of references, as applied to claim 6, in view of Ozawa et al. (US 2019/0326573).
JP 2018-188106, as twice modified, does not disclose the inclination of the side walls.
Ozawa et al. teaches forming a collision energy absorptive part (38) with an incline in a direction in which the pair of side walls approach each other toward the vehicle outside in the vehicle width direction, as shown in Figures 1 and 5.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the collision energy absorptive part of JP 2018-188106, as twice modified, with an include in a direction in which the pair of side wall portions approach each other toward the vehicle outside in the vehicle width direction, as taught by Ozawa et al., with a reasonable expectation for success to improve energy absorption and safety.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of references, as applied to claim 5, in view of Inami et al. (US 2023/0101665).
JP 2018-188106, as modified, discloses the lower side wall portion is parallel to the horizontal line in the vehicle width direction, as shown in Figure 6. However, JP 2018-188106 does not disclose the inclination of one of the side walls.
Inami et al. teaches forming a collision energy absorption part (11) with the top side wall portion inclined in a direction approach the horizontal, lower side wall portion, as shown in Figure 6.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the collision energy absorptive part of JP 2018-188106, as modified, with an inclined top side wall portion approaching the lower, horizontal side wall portion toward the vehicle outside in the vehicle width, as taught by Inami et al., with a reasonable expectation for success to improve energy absorption and safety.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of references, as applied to claim 6, in view of Inami et al. (US 2023/0101665).
JP 2018-188106, as twice modified, discloses the lower side wall portion is parallel to the horizontal line in the vehicle width direction, as shown in Figure 6. However, JP 2018-188106 does not disclose the inclination of one of the side walls.
Inami et al. teaches forming a collision energy absorption part (11) with the top side wall portion inclined in a direction approach the horizontal, lower side wall portion, as shown in Figure 6.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the collision energy absorptive part of JP 2018-188106, as twice modified, with an inclined top side wall portion approaching the lower, horizontal side wall portion toward the vehicle outside in the vehicle width, as taught by Inami et al., with a reasonable expectation for success to improve energy absorption and safety.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/ Primary Examiner, Art Unit 3612 August 25, 2026
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