CTNF 18/885,778 CTNF 101157 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 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. Claim 2 is rejected under 35 U.S.C. 112(b) 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. 07-34-05 AIA Claim 2 recites the limitation " the battery cell " in line 3 of the claim . There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 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 Claim s 1-7 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by US Pub. 2022/0111924 A1 to Aunkst et al., hereinafter Aunkst . Regarding Claim 1, Aunkst teaches a vehicle comprising: a battery case (“battery housing” 54, Fig. 4, [0014]) mounted on a vehicle body (“frame” 14, mounting depicted in Fig. 2, [0012]) ; a seat (38, Fig. 1, [0012]) that has a front portion disposed above the battery case (front of 38 disposed above portion of battery case, Fig. 1) and on which an occupant is seated (“rider” – [0012]) ; and a stay member (portion of seat stay labeled A1, Diagram 1 below) that is fixed to the battery case (as depicted in Fig. 1) and receives a load applied to the seat (when rider is seated, [0012]) . PNG media_image1.png 627 603 media_image1.png Greyscale Diagram 1 - Annotated inset of Aunkst – Fig. 1 Regarding Claim 2, Aunkst further teaches wherein the battery case (54) includes an extension portion (“upper portion” 58, Fig. 4, [0014]) extending outward from a portion where the battery cell is disposed (depicted in Fig. 4) , and the stay member (A1, Diagram 1 ) is fixed to the extension portion (connection depicted in Diagram 1 ) . Regarding Claim 3, Aunkst further teaches wherein The stay member (portion of seat stay labeled A2, Diagram 1 ) is fixed to a base portion of a protrusion portion (“lower portion” 62, Fig. 4, [0014]) of the battery case (54, connection depicted in Diagram 1 ) . Regarding Claim 4, Aunkst further teaches: a frame member extending in a front-rear direction (upper portion of 14, Fig. 2) ; and a cover member (decorative faux fuel tank acting as a cover labeled A3, Diagram 1 , additionally depicted in Fig, 2) that is disposed above the battery case (disposition depicted in Fig. 2) and in front of the stay member (A1 and A2) and abuts on the frame member (positioning and abutment depicted in Diagram 1, Fig. 2) , wherein the cover member (A3) is fixed to the stay member (connection to A1 depicted in Diagram 1 ) . Regarding Claim 5, Aunkst further teaches wherein the stay member (portion A1) includes a seat fixing portion (top side portion of A1 and upper side of 14, Diagram 1 , Fig. 4) to which the seat is fixed near a portion fixed to the battery case with respect to a center of the stay member (portion adjacent to end of A1 reference arrow, where elements 38, 14, A3, and A1 are connected to each other) . Regarding Claim 6, Aunkst further teaches wherein the stay member (A1 and A2) includes a seat fixing portion (upper side of A1 and upper portion of frame 14) to which the seat (38) is fixed (connection depicted in Diagram 1 ) , and a wiring support portion (“onboard charger” 150, Fig. 4, which is connected to seat stay via 58) configured to support a wiring (by supporting charging hardware, [0019]) , and the wiring support portion (150) is disposed on an opposite side of the seat fixing portion (upper side of A1 and 14) with respect to a center of the stay member (150 disposed on underside of upper portion of 14, Fig. 4) . Regarding Claim 7, Aunkst further teaches wherein the battery case (54) includes a strength member (“front side” 70f, Fig. 4, [0014]) at a center in the vehicle width direction (W, disposition depicted in Figs. 2, 4) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : WO 2019/096680 A1 to Truman teaches an electric motorcycle comprising a battery housing (200) , the housing as a load-bearing monocoque chassis/frame being shaped (Figs. 2-4) to accommodate the mounting of suspension components (“apertures” 205, 203) , with the seat stay (components supporting 118) disposed above the housing. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mitchell James Price whose telephone number is (571)272-3729. The examiner can normally be reached Mon - Thurs 8:00 - 5:00 Eastern, Fri 8:00 - 12:00 Eastern. 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, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Mitchell James Price/Examiner, Art Unit 3611 /VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611 Application/Control Number: 18/885,778 Page 2 Art Unit: 3611 Application/Control Number: 18/885,778 Page 3 Art Unit: 3611 Application/Control Number: 18/885,778 Page 4 Art Unit: 3611 Application/Control Number: 18/885,778 Page 5 Art Unit: 3611
Prosecution Insights