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 § 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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.
Claim 1 recites “where said battery is possibly arranged is provided such that.” This is unclear and confusing. It is not clear what this phrase means and it is not clear if the limitations after this phrase are required by the claim or not.
Claims 3, 5 and 10 recite the same phrase and are indefinite for the same reason.
Claim 11 recites “wherein a speed-changing gear or a speed-reducing gear, to which an output shaft of said motor and said drive shaft are connected, are arranged on the vehicle rearward side of the motor, and said speed-changing gear or said speed-reducing gear are arranged.” This is unclear and confusing because the claim recites the speed-changing gear and speed-reducing gear in the alternative (a speed-changing gear or a speed-reducing gear) and followed by “are arranged” implying both are required. In other words, the claim recites “Element A or B are arranged on the vehicle rearward side of the motor.” This is indefinite because the claim is not clear on whether one or both of the elements are required.
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) 1-3 and 6 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Morgan (WO 2013/006949).
Regarding claim 1, Morgan discloses An electric automobile (10) comprising: a motor (50) operative to drive a driving wheel (15); a battery (64A to 64L) operative to supply electric power to the motor (50); and a drive shaft (146, 162) provided on a vehicle forward or rearward side of a tunnel portion (fig. 1 and 3, ref. 23 for tunnel, see also [011 O] in combination with fig. 13 to 15) formed at a floor panel (fig. 1 and 3) and operative to transmit a rotational force of the motor (50) to the driving wheel (15, see also fig. 13 to 15), wherein said motor (50) is provided at least partly between said tunnel portion (see 23 and 50 in fig. 1, 3 and 6) and said drive shaft (fig. 13 to 15, ref. 146 and/ or 162), and a first battery arrangement portion (64G, 64H, 64D and 64C in fig. 9, 10 and 13) where said battery (eg. 64G) is possibly arranged is provided such that at least part thereof overlaps the motor (50) in a side view (fig. 10, ref. 50 and 64G) (as best understood in view of indefiniteness noted above).
Regarding claim 2, Morgan discloses wherein said motor is provided at a middle portion, in a vehicle width direction, of a vehicle body, and said first battery arrangement portion is provided on both sides, in the vehicle width direction, of the motor (fig. 9 and 13, ref. 64G, 64H, 64D and 64C, and ref. 50).
Regarding claim 3, Morgan discloses wherein a second battery arrangement portion where the battery operative to supply the electric power to the motor is possibly arranged is provided in said tunnel portion (fig. 1 and 3, ref. 23 and fig. 5, ref. 64E and 64F and para [0115]).
Regarding claim 6, Morgan discloses wherein a speed-changing gear or a speed-reducing gear, to which the rotational force of the motor is inputted, are provided on the vehicle rearward side of the motor, said drive shaft is provided to transmit the rotational force of the motor which is outputted from said speed-changing gear or said speed-reducing gear to the motor, and said first battery arrangement portion is provided on the vehicle forward side of the speed-changing gear or the speed-reducing gear (fig. 14 and fig. 22, ref. 106 rewards of 64G, 64H, 64D and 64C in vehicle forward direction).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB B MEYER whose telephone number is (571)270-3535. The examiner can normally be reached Monday - Friday 9-7.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J 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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JACOB B. MEYER
Primary Examiner
Art Unit 3613
/JACOB B MEYER/Primary Examiner, Art Unit 3613
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