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 .
DETAILED ACTION
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 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)(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.
Claims 1-6, 8 and 13-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kvalden et al. (US 12,070,996).
[CLAIM 1] Regarding claim 1, Kvalden discloses an electric vehicle, comprising: a chassis (Kvalden, FIG 2) comprising a first side member (Frame rails 26) and a second side member (Frame rails 26); and a battery frame assembly (2) coupled to the first and the second side member (Kvalden, FIG 2), the battery frame assembly comprising an underframe assembly (Kvalden, FIG 2, lattice battery frames 42-50), wherein the battery frame assembly is configured to receive and be coupled to at least one battery pack (Battery 14), wherein the underframe assembly comprises a first longitudinally extending transition member (Kvalden, FIG 2, rails 30 and 36) oriented in a parallel configuration to the first side member and vertically offset from the first side member (Kvalden, FIG 1 shows the battery box 2 hanging from the frame rails 26), and wherein the underframe assembly comprises a second longitudinally extending transition member (Kvalden, FIG 2, rails 30 and 36) oriented in a parallel configuration to the second side member and vertically offset from the second side member (Kvalden, FIG 1 shows the battery box 2 hanging from the frame rails 26).
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[CLAIM 2] Regarding claim 2, Kvalden discloses the electric vehicle of claim 1, wherein the first and the second longitudinally extending transition members are parallel (Kvalden, FIG 2).
[CLAIM 3] Regarding claim 3, Kvalden discloses the electric vehicle of claim 1, wherein the first and the second longitudinally extending transition members are spaced apart in the transverse direction (Kvalden, FIG 2).
[CLAIM 4] Regarding claim 4, Kvalden discloses the electric vehicle of claim 1, wherein the first longitudinally extending transition member comprises a first front transition member, a first intermediate transition member, and a first rear transition member (Kvalden, annotated FIG 2 shows separated front, middle and rear portions of the longitudinal members).
[CLAIM 5] Regarding claim 5, Kvalden discloses the electric vehicle of claim 1, wherein the second longitudinally extending transition member comprises a second front transition member, a second intermediate transition member, and a second rear transition member (Kvalden, annotated FIG 2 shows separated front, middle and rear portions of the longitudinal members).
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[CLAIM 6] Regarding claim 6, Kvalden discloses the electric vehicle of claim 1, wherein the underframe assembly further comprises a push bar assembly (Elongate beam members 22-23) rotatably coupled to the first longitudinally extending transition member and the second longitudinally extending transition member (Kvalden, annotated FIG 5).
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[CLAIM 8] Regarding claim 8, Kvalden discloses an electric vehicle, comprising: a chassis (Kvalden, FIG 2) comprising a first side member (Each frame rail 26) and a second side member (Each frame rail 26); and a battery frame assembly (2) coupled to the first and the second side member (Kvalden, FIG 2, all chassis components are connected at assembly), the battery frame assembly comprising an underframe assembly (Kvalden, FIG 2, lattice battery frames 42-50), wherein the battery frame assembly is configured to receive and be coupled to at least one battery pack (Battery 14), wherein the underframe assembly comprises a first longitudinally extending transition member (Kvalden, FIG 2, rails 30 and 36) and a second longitudinally extending member (Kvalden, FIG 2, rails 30 and 36), and wherein the underframe assembly comprises a push bar assembly (Each of 22-23) rotatably coupled to the first longitudinally extending transition member and the second longitudinally extending transition member (Kvalden, annotated FIG 2).
[CLAIM 13] Regarding claim 13, Kvalden discloses the electric vehicle of claim 8, wherein the first longitudinally extending transition member comprises a first front transition member, a first intermediate transition member, and a first rear transition member (Kvalden, annotated FIG 2 shows compartments that form front middle and rear underframe portions).
[CLAIM 14] Regarding claim 14, Kvalden discloses the electric vehicle of claim 8, wherein the second longitudinally extending transition member comprises a second front transition member, a second intermediate transition member, and a second rear transition member (Kvalden, annotated FIG 2 shows compartments that form front middle and rear underframe portions).
[CLAIM 15] Regarding claim 15, Kvalden discloses the electric vehicle of claim 8, wherein the first longitudinally extending transition member and the second longitudinally extending member are parallel (Kvalden, FIG 2).
[CLAIM 16] Regarding claim 16, Kvalden discloses the electric vehicle of claim 8, wherein the push bar assembly comprises a front push bar (22) assembly coupled to a forward portion of the first longitudinally extending transition member and a forward portion of the second longitudinally extending transition member (Kvalden, FIGS 3-4 and annotated FIG 5 above).
[CLAIM 17] Regarding claim 17, Kvalden discloses the electric vehicle of claim 8, wherein the underframe assembly is positioned vertically below the chassis when the electric vehicle is in an operable orientation (Kvalden, FIGS 6a-6b show the assembly mounted to the frame and extending below the chassis).
[CLAIM 18] Regarding claim 18, Kvalden discloses an electric vehicle, comprising: a chassis (Kvalden, FIG 2) comprising a first and a second side member (Frame rails 26); and a battery frame assembly (Kvalden, FIG 2) coupled to the first side member and the second side member, the battery frame assembly comprising an underframe assembly (Kvalden, FIG 2), wherein the battery frame assembly is configured to receive and be coupled to at least one battery pack (14), and wherein the underframe assembly comprises a push bar assembly (Elongate beam members 22-23).
[CLAIM 19] Regarding claim 19, Kvalden discloses the electric vehicle of claim 18, wherein the underframe assembly is positioned vertically below the chassis when the electric vehicle is in an operable orientation (Kvalden, FIG 6b shows the battery frame mounted to the frame rails 26 and extending below the chassis).
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[CLAIM 20] Regarding claim 20, Kvalden discloses the electric vehicle of claim 18, wherein the underframe assembly further comprises a first front transition member (Kvalden, annotated FIG 2) and a second front transition member (Kvalden, annotated FIG 2) and wherein the push bar assembly (Beam 22) is rotatably coupled to the first front transition member and the second front transition member (Kvalden, annotated FIG 2).
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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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
1. Claims 7 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kvalden et al. (US 12,070,996).
[CLAIM 7] Regarding claim 7, Kvalden discloses the electric vehicle of claim 6, wherein the push bar assembly comprises a push bar, a first bearing mount, and a second bearing mount (Kvalden, is exemplary, and FIG 4 shows bushings 56 mounted around the push bar 22. Bushings can be substituted with bearings, see In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Kvalden to substitute bushings for bearings in the mount area with a reasonable expectation of success in order to reduce rotational friction).
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[CLAIM 9] Regarding claim 9, Kvalden discloses the electric vehicle of claim 8, wherein the push bar assembly comprises a push bar, a first bearing mount, and a second bearing mount (Kvalden, is exemplary, and FIG 4 shows bushings 56 mounted around the push bar 22. Bushings can be substituted with bearings, see In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Kvalden to substitute bushings for bearings in the mount area with a reasonable expectation of success in order to reduce rotational friction.
[CLAIM 10] Regarding claim 10, Kvalden discloses the electric vehicle of claim 9, wherein the first bearing mount is coupled to the first longitudinally extending transition member and the second bearing mount is coupled to the second longitudinally extending transition member (Kvalden, FIG 3 all of the underframe components are connected at assembly).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kvalden et al. (US 12,070,996) in view of Higuchi et al. (US PG PUB NO 2017/0334279).
[CLAIM 11] Regarding claim 11, Kvalden discloses the electric vehicle of claim 9.
-However, it fails to disclose wherein the first bearing mount comprises a first longitudinally extending aperture configured to receive a first bearing shaft.
-Nevertheless, Higuchi shows wheel assembly bearings 44L-44R having an aperture formed therein which houses a wheel shaft
- Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Kvalden to have a bearing aperture which enables push bars 22-23 to rotate as taught by Higuchi with a reasonable expectation of success in order to enable the push bars to selectively rotate with respect to the battery underframe.
[CLAIM 12] Regarding claim 12, Kvalden discloses the electric vehicle of claim 11, wherein the first bearing mount is configured to rotate about the first bearing shaft (Higuchi, FIG 4).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found on the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to whose telephone number is (571)270-3411. The examiner can normally be reached on 9AM-6PM PST.
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, Marc Jimenez can be reached on (571)272-.4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J TRIGGS/Examiner, Art Unit 3615
/MARC Q JIMENEZ/Supervisory Patent Examiner, Art Unit 3615
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