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 1 is objected to because of the following informalities: firstly, the claim refers to “a bottom section” and a “top section” however, the specification refers to them as “a bottom portion” and “a top portion”, applicant should change the top and bottom sections to top and bottom portions for continuity; secondly, the claim refers to “a front portion and a rear portion” however in claims 25-27 they are referred as “the front section and the rear section” which leads to lack of antecedent basis issues; lastly the claim refers to “a structural battery assembly”, however claims 1,12-19,21,23 and 24 refer to “battery” or “battery assembly” which leads to lack of antecedent basis issues as the claims state 3 different names for “the structural battery assembly” . Appropriate correction is required. Applicant is reminded that all claims depend on claim 1, therefore all claims are objected.
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) 1-18 and 36-38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu (US 2023/0234664).
Regarding claim 1, Hu discloses a frame assembly (see figure 5) for an off-road vehicle having at least one front wheel (111,112) and at least one rear wheel (121,122), the frame assembly comprising:
a bottom section (see Hu’s figure 6 below);
a top section (see Hu’s figure 6 below);
a front portion (51) for supporting the at least one front wheel (see figure 4);
a rear portion (52) for supporting the at least one rear wheel (see figure 4); and
a middle portion (55,54,60) connecting the front portion and the rear portion, the middle portion comprising a structural battery assembly (60), the structural battery assembly being configured for receiving loads from at least one of the front portion, the rear portion and the middle portion (see Para. 0037 where it states “the battery case 62 transmits loads between the front frame assembly 51 and the rear frame assembly 52” and the middle portion due to the battery assembly being directly connected to the middle portion).
Regarding claim 2, wherein the battery assembly (60) provides a connection between the front portion and the rear portion of the frame assembly (see figure 7).
Regarding claim 3, further comprising: at least one front attachment member (56,621,561) extending from the front portion towards the rear portion and connecting a front end of the structural battery assembly (60, see figure 7); and at least one rear attachment member (56,621,561) extending from the rear portion of the frame assembly towards the front portion and connecting a rear end of the structural battery assembly (60, see figure 7).
Regarding claim 4, wherein the at least one front attachment member (56) is part of the front portion (see figure 7).
Regarding claim 5, wherein the at least one front attachment member (621,561) is part of the middle portion (see figure 10 and Para. 0038).
Regarding claim 6, wherein the at least one rear attachment member (56) is part of the rear portion (see figure 7).
Regarding claim 7, wherein the at least one rear attachment member (621,561) is part of the middle portion (see figure 10).
Regarding claim 8, wherein the frame assembly comprises a front end (front end of the front portion 51) and a rear end (rear end of the rear portion 52) and a longitudinal axis between the front end and the rear end (a horizontal line going from the front portion to the rear portion, see figure 6 as the line can be drawn horizontally on figure 6, going from the front portion 51 to the rear portion 52), and wherein at least one of the at least one front attachment member (56,621,561) and the at least one rear attachment member (56,621,561) extends substantially along the longitudinal axis (see figures 6,7 and 10).
Regarding claim 9, wherein the at least one front and rear attachment members are located in the top section of the frame assembly (see figure 6 and 7).
Regarding claim 10, wherein the at least one front and rear attachment members are located in the bottom section of the frame assembly (see figures 6 and 7).
Regarding claim 11, further comprising at least one longitudinal member (543,547) for directly connecting the front portion of the frame assembly to the rear portion (see figure 4).
Regarding claim 12, wherein the at least one longitudinal member extends below the battery assembly (60) to connect the front portion of the frame assembly to the rear portion (see figure 4).
Regarding claim 13, wherein the at least one longitudinal member (547) extends above the battery assembly (60) to connect the front portion of the frame assembly to the rear portion (see figure 18).
Regarding claim 14, wherein the structural battery assembly (60) provides a connection between the bottom frame section and the top frame section (see figure 4).
Regarding claim 15, wherein the front portion of the frame assembly (51) comprises at least one front vertical frame member (551) extending between the bottom section and the top section, and wherein the battery assembly(60) is provided on the at least one front vertical frame member to provide a connection between the bottom section and the top section (see figure 4).
Regarding claim 16, wherein the rear portion of the frame assembly (52) comprises at least one rear vertical frame member (552) extending between the bottom section and the top section, and wherein the battery assembly (60) is provided on the at least one rear vertical frame member to provide connection between the bottom section and the top section (see figure 4).
Regarding claim 17, wherein the frame assembly further comprises a skid plate (571) mounted to at least one of the front portion, the middle portion and the rear portion (see figure 5), and wherein the battery assembly is configured for receiving loads from the skid plate (see figure 5).
Regarding claim 18, wherein the battery assembly is located above the skid plate (see figures 4 and 5).
Regarding claim 36, Hu discloses a method for assembling an off-road vehicle comprising a frame assembly (see figure 5), at least one front wheel (111,112), at least one rear wheel (121,122), and an electric motor (31) mounted to the frame assembly and operatively coupled to at least one of the at least one front wheel and the at least one rear wheel, the method comprising: providing the frame assembly in accordance with claim 1 (see rejection of claim 1 above); providing a structural battery assembly (60); installing the structural battery assembly to the frame assembly (see figure 2); and connecting the structural battery assembly and the electric motor using a phase cable (under the broadest reasonable interpretation, one would know that the battery and the motor have to have a cable connection, as electric vehicles such as the one disclosed by Hu do not have a wireless type of connection between the battery and the motor).
Regarding claim 37, further comprising the steps of installing the at least one front wheel (111,112) and the at least one rear wheel (121,122, see figure 2).
Regarding claim 38, wherein the steps of installing the at least one front wheel and the at least one rear wheel are carried out before or after installing the battery to the frame assembly (as the wheel would be accessible at all times, as in, before the battery is installed or after the battery is installed, see figure 1 and 2).
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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.
Claim(s) 19-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Gagnon (US 2002/0088661).
Regarding claims 19 and 20, Hu does not mention a rack, however, Gagnon discloses an ATV with a cargo rack (124, see figure 2), it would have been obvious for one of ordinary skill in the art to modify Hu by adding a cargo rack to the rear portion, in order to be able to carry objects in the off-road vehicle.
Regarding claim 21, Hu does not mention a seat mounting bracket, however, Gagnon discloses a seat mounting bracket (142,144, see figure 9). It would have been obvious for one of ordinary skill in the art to modify Hu by adding a seat mounting bracket to the off-road vehicle, in order to be able to mount a seat onto the off-road vehicle.
Regarding claim 22, Hu discloses a straddle seat (21, see figure 1 in Hu).
Regarding claim 23, Hu further discloses, wherein the battery assembly (60) comprises a battery housing (62, see Para. 0037), the battery housing being configured for receiving at least of portion of the loads from the front portion, the rear portion and the middle portion (see figures 2 and 7).
Regarding claim 24, Hu further discloses , wherein the battery assembly (60) further comprises a battery pack (the battery assembly is a battery pack, see Para. 0038) housed in the battery housing (see figure 2 in Hu).
Regarding claim 25, Hu further discloses, wherein loads from the front section (51) comprise loads received from at least one of the at least front wheel (111,112), a front suspension and an impact on the front portion of the frame assembly (see Para. 0037).
Regarding claim 26, wherein loads from the rear section (52) comprise loads received from at least one of the at least one rear wheel (121,122), a rear suspension and an impact on the rear portion of the frame assembly (see Para. 0037).
Regarding claim 27, wherein the combination of Hu and Gagnon end with the structural battery assembly is configured for receiving loads from at least two of the front section, the middle section, the rear section, the skid plate, the rack and the at least one seat mounting bracket (as Gagnon provided Hu with a seat mounting bracket).
Regarding claim 28, Hu further discloses, wherein the middle portion is comprised substantially entirely of the battery assembly (see figure 4).
Regarding claims 29 and 30, Hu discloses an electric off-road vehicle.
Regarding claim 31, Hu further discloses, wherein the off-road vehicle further comprises: an electric motor (31) electrically connected to the battery assembly; and a transmission assembly (42) operatively coupling the electric motor to at least one of the at least one front wheel (112) and the at least one rear wheel (122), the transmission assembly comprising a driveshaft (44,431, see figures 13 and 17).
Regarding claim 32, Hu further discloses, wherein the battery assembly is configured to allow the passage of the driveshaft towards the front portion or the rear portion to connect to the at least one front wheel or the at least one rear wheel (see figure 17).
Regarding claim 33, Hu and Gagnon do not mention having the driveshaft above the battery, however, one of ordinary skill in the art would find it obvious to modify the combination of Hu and Gagnon to have the driveshaft be located above the battery, in order to lay down the battery assembly, which would lower the center of gravity of the vehicle, thereby enhancing the safety of the Off-road vehicle operator.
Regarding claim 34, wherein the battery assembly is configured to allow the passage of the driveshaft towards the front portion or the rear portion below the battery assembly (see figure 17).
Regarding claim 35, wherein the battery assembly in combination with the middle portion (55,54,60) comprises a channel defined therein (the channel is created by the battery assembly 60 and the middle portion as the middle portion runs on both sides of the battery assembly, see figures 19 and 17), the channel allowing the passage of the driveshaft through the battery assembly, towards the front portion or the rear portion (see figure 17).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marlon A Arce whose telephone number is (571)272-1341. The examiner can normally be reached 8AM - 4:30PM.
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.
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/MARLON A ARCE/Examiner, Art Unit 3611 /VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611
