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 .
This is the first action on the merits for application 18/907,668. Claims 1-11 are currently pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/7/2024 has been considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-4 and 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GILLINGHAM et al. (US 2010/0317485 A1).
Regarding Claim 1, GILLINGHAM et al. discloses a vehicle (Figs. 1-5A and 29-31) comprising: a left wheel (left wheels 104 in Fig. 1) and a right wheel (right wheels 104 in Fig. 1) which are located with an interval in a vehicle left-right direction (Fig. 1); a frame body (150) including a floor frame (210, 212, 214) and a seat support frame (216, 284) located at an upper side of the floor frame (Fig. 5); a seat (132) supported by the seat support frame from below (Fig. 1); and a battery (304B/318) supported by the frame body (Fig. 5), at least part of the battery being located in an under-seat space surrounded by the seat support frame and the floor frame (Fig. 5), wherein: the frame body defines an entrance opening which is located at a lateral side of the seat and through which an occupant passes when the occupant gets in and out of the vehicle (Figs. 2 and 5); and the seat support frame defines a battery passing opening which opens the under-seat space in a horizontal direction and has such a size that the battery passes through the battery passing opening (Figs. 2, 5 and 29-31).
Regarding Claim 2, GILLINGHAM et al. discloses a partition wall (502 and 170) covering the under-seat space (Fig. 1), wherein the partition wall includes a partition opening (opening formed when 170 is removed from “partition wall” 502 and 170) which makes the battery passing opening communicate with the entrance opening (Figs. 5 and 29-31) and has such a size that the battery passes through the partition opening (Figs. 5 and 29-31) and a lid (170) that openably closes the partition opening (Figs. 5 and 29-31).
Regarding Claim 3, GILLINGHAM et al. discloses the seat support frame further includes a reinforcing frame (170) located so as to close part of the battery passing opening (Figs. 1 and 5); and the reinforcing frame is detachably fixed to part of the seat support frame by a fastener (unlabeled fasteners for 170 shown in Fig. 1).
Regarding Claim 4, GILLINGHAM et al. discloses a guide (lower battery tray linkage shown in Figs. 29 and 30) that guides the battery between the battery passing opening and a predetermined position in the under-seat space (Figs. 29 and 30).
Regarding Claim 6, GILLINGHAM et al. discloses a battery case (170, 800, 804, bottom portion of 136) accommodating the battery (Figs. 2 and 5), wherein the battery case includes a seat supporting portion (bottom portion of 136) that supports the seat (Fig. 2).
Regarding Claim 7, GILLINGHAM et al. discloses the battery is directed to the entrance opening (Figs. 5 and 29-31).
Regarding Claim 8, GILLINGHAM et al. discloses the frame body further includes a rear post (unlabeled vertical post directly above reference numeral 212 in Fig. 5) that is located behind the under-seat space and at a vehicle left-right direction outside portion of the floor frame and extends upward from the floor frame and a front post (unlabeled vertical post between reference numeral 214 and front-left wheel in Fig. 5) that is located at the vehicle left-right direction outside portion of the floor frame and in front of a foot space located in front of the seat support frame and extends upward from the floor frame; and an outer surface of the battery which is directed to an outside in the vehicle left-right direction and a vehicle front side is located between the front post and the rear post when viewed in a direction facing the outer surface (Fig. 5).
Regarding Claim 9, GILLINGHAM et al. discloses the frame body includes a reinforcing frame (170) that overlaps the outer surface of the battery when viewed in the direction facing the outer surface of the battery (Figs. 1 and 5); and the reinforcing frame is detachably fixed to the floor frame (Fig. 1).
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.
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over GILLINGHAM et al. (US 2010/0317485 A1).
Regarding Claim 10, GILLINGHAM et al. discloses the vehicle according to Claim 8, see detailed rejection above, including a seat (132), seat support frame (216, 284) and foot space (Fig. 1). However, GILLINGHAM et al. does not disclose wherein: the seat includes a rear seat; and the seat support frame includes a rear seat support frame that supports the rear seat from below, the vehicle further comprising a front seat located in front of the rear seat, wherein: the frame body further includes a front seat support frame that supports the front seat from below; and the foot space includes a rear foot space located between the front seat support frame and the rear seat support frame. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have wherein the seat includes a rear seat; and the seat support frame includes a rear seat support frame that supports the rear seat from below, the vehicle further comprising a front seat located in front of the rear seat, wherein: the frame body further includes a front seat support frame that supports the front seat from below; and the foot space includes a rear foot space located between the front seat support frame and the rear seat support frame, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (see, for example, ERSPAMER et al. US 12,017,702 B2 Fig. 1). St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Allowable Subject Matter
Claim 5 and 11 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
ERSPAMER et al. (US 12,017,702) discloses a utility vehicle with front and rear seat structure (see Fig. 1).
KUSAKA (US 2026/0061826 A1) discloses an under-seat battery arrangement for a vehicle (see ABSTRACT).
INAMI et al. (US 2023/0101665 A1) discloses a vehicle body structure with under-seat battery arrangement (see ABSTRACT).
OHKUMA et al. (US 2021/0339617 A1) discloses a battery pack arrangement mounted under a vehicle seat (see ABSTRACT).
RODAWAY (US 3,917,312) discloses a battery arrangement for a motorized chair (see ABSTRACT).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN YOUNG whose telephone number is (571)272-4781. The examiner can normally be reached Monday - Friday 10:00 am - 6:00 pm (CST).
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, Jacob S Scott can be reached at (571)270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EDWIN YOUNG
Primary Examiner
Art Unit 3655
/Edwin A Young/Primary Examiner, Art Unit 3655
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