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 22 is objected to because of the following informalities:
Claim 22, line 1, “a vehicle floor” should say “the vehicle floor”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 17 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 17 depends upon claim 16 and claim 16 has the limitation of “an underbody protection device … that covers at least some regions of the battery housing toward a bottom of a vehicle vertical direction (z) in an installed position”. Claim 17 just recites this same limitation and does not further limit. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 –
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dietz (DE 102012015919 A1).
Regarding claim 11, Dietz discloses an apparatus (figs.1-9) for an electrically drivable motor vehicle, comprising: an underbody protection device (housing bottom 18) that is configured to be reversibly secured to a battery housing (battery case 12) of a traction battery of the electrically drivable motor vehicle and that covers at least some regions of the battery housing toward a bottom of a vehicle vertical direction (z) in an installed position, wherein the underbody protection device has a first underbody element and a second underbody element, between which a spacer is arranged, such that the underbody elements form a sandwich structure with the spacer (fiber-reinforced plastic layers 44, core 48, core 46 form the underbody elements and spacer in a sandwich structure, figs.6-7).
Regarding claim 12, Dietz discloses wherein the underbody elements comprise a fiber-reinforced plastic (fiber-reinforced plastic layers 44).
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.
Claim(s) 13-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rausch (DE 102019206646 A1) in view of Franke (US 20220271359 A1 / DE 102021103378 B3).
Regarding claim 13, Rausch discloses a housing apparatus (housing assembly 2, figs.1-2) comprising: a housing lower part (side walls 21, case back 6, and underrun protection 5, figs.1-2) associated with a battery housing (energy storage housing 3, figs.1-2) of a traction battery (energy storage 4, figs.1-2) of an electrically drivable motor vehicle (motor vehicle 1, fig.1), which is designed to delimit a storage volume (volume for the batteries 4, figs.1-2) for a number of battery cells (energy storage 4, figs.1-2) of the traction battery, wherein the housing lower part has a storage area (storage area for batteries 4, figs.1-2), on which the number of battery cells are accommodatable, and in the storage area (figs.1-2). Rausch discloses case back (6) and cooling device (18), cooling plates (17), and air cushion (19) to cool batteries (4), but fails to disclose the housing lower part has at least one predetermined break point which, upon failure, forms an opening in the housing lower part, via which gas emerging from the number of battery cells is transported away from the storage volume.
However, Franke discloses housing lower part has at least one predetermined break point (degassing unit 8 with degassing elements 9 designed as a bursting element, figs.1-2) which, upon failure, forms an opening in the housing lower part, via which gas emerging from the number of battery cells is transported away from the storage volume (degassing elements 9 open to discharge hot gas from the battery cells 3 via degassing chamber 12 and outlet 14 with openings 15, figs.1-2, paragraph [0028]).
Rausch and Franke are both considered to be analogous to the claimed invention because they are in the same field of housing apparatus. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rausch with the degassing unit of Franke with a reasonable expectation of success because it would have combined prior art elements yielding predictable results of removing unwanted gasses from the battery cells for cell integrity, performance and safety.
Regarding claim 14, Rausch in combination with Franke discloses wherein the housing lower part has a separate predetermined break point for each of the number of battery cells (Rausch, cooling device 18, cooling plates 17, and air cushion 19 to cool each battery 4; Franke, degassing unit 8 with a plurality of degassing elements 9 to discharge hot gas from the battery cells 3 via degassing chamber 12 and outlet 14 with openings 15, figs.1-2, paragraph [0028]), and each predetermined break point is arranged underneath a respectively associated battery cell in the vehicle vertical direction (z) in the installed position (figs.1-2 of both Rausch and Franke).
Regarding claim 15, Rausch in combination with Franke, Rausch discloses a vehicle floor (floor of vehicle 1, fig.1) device for an electrically drivable motor vehicle, comprising: a battery housing (battery housing 3, figs.1-2) for a traction battery, wherein the battery housing has the housing lower part according to claim 13.
Regarding claim 16, Rausch in combination with Franke, Rausch discloses further comprising an underbody protection device (underrun protection 5, figs.1-2) that is configured to be reversibly secured to a battery housing (housing 3, figs.1-2) of a traction battery of the electrically drivable motor vehicle (motor vehicle 1, fig.1) and that covers at least some regions of the battery housing toward a bottom of a vehicle vertical direction (z) in an installed position (figs.1-2), wherein the underbody protection device has a first underbody element and a second underbody element, between which a spacer is arranged, such that the underbody elements form a sandwich structure with the spacer (upper cover plate 11, lower cover plate 12, and filler 13 form the 1st element, 2nd element, and spacer in a sandwich structure, fig.2).
Regarding claim 17 as best understood based on the 35 U.S.C 112(d) issue discussed above, Rausch in combination with Franke discloses, Rausch discloses wherein the underbody protection device covers at least some regions of the battery housing toward the bottom in the vehicle vertical direction (z) in the installed position (underrun protection 5, battery housing 3, figs.1-2).
Regarding claim 18, Rausch in combination with Franke discloses wherein the housing lower part and the underbody protection device together delimit a degassing chamber (Rausch, cooling device 18, cooling plates 17, and air cushion 19; Franke, degassing unit 8 with degassing elements 9 designed as a bursting element, degassing elements 9 open to discharge hot gas from the battery cells 3 via degassing chamber 12 and outlet 14 with openings 15, figs.1-2, paragraph [0028]), into which the gas flows via the opening and via which the gas is be transported away from the storage volume.
Regarding claim 19, Rausch in combination with Franke discloses further comprising: an impact absorption structure that is arranged in the degassing chamber (Rausch, underrun protection device 5 has filler foam 13 and cooling system, figs.1-2; Franke, degassing unit 8 with degassing elements 9, figs.1-2, paragraph [0028]).
Regarding claim 20, Rausch in combination with Franke discloses wherein the impact absorption structure has at least one gas conduction duct, which is configured to lead the gas away from the battery cells (Rausch, underrun protection device 5 has filler foam 13 and cooling system, figs.1-2; Franke, degassing unit 8 with degassing elements 9, figs.1-2, paragraph [0028]).
Regarding claim 21, Rausch in combination with Franke, Rausch discloses wherein the underbody protection device is secured to the housing lower part via at least one screw connection (screwing points 16, fig.2).
Regarding claim 22, Rausch in combination with Franke, Rausch discloses a motor vehicle (motor vehicle 1, fig.1) having a vehicle floor device according to claim 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art not relied upon but considered pertinent to the applicant’s disclosure is included in the 892 form. The art included has features related to claim limitations, the general structural of the invention, teachings, and other analogous art to the invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IAN BRYCE SHELTON whose telephone number is (571)272-6501. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at (303)-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IAN BRYCE SHELTON/Examiner, Art Unit 3613
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