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.
Claim 5 is 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.
Regarding Claim 5, the claim cites the structure “fourth fixed portions” and “fifth fixed portions”. The limitations containing the cited structure above render the claim unclear as there is no “first/second/third fixed portions” previously in the claim. For the sake of prosecution, the examiner will consider the cited structure to be first and second fixed portions. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
(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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kim et al. (US 20210101641 A1).
Regarding Claim 1, Kim teaches a vehicle lower part structure comprising: a battery frame configured to include side portions provided as a pair of right (Fig. 2 element 64) and left (Fig. 2 element 63) side portions and each extending in a vehicle front-rear direction and a cross portion (Fig. 2 element 62) extending in a vehicle width direction and coupling rear ends of the side portions, the battery frame enclosing a battery (Fig. 2 element 130); and rear side frames provided as a pair of right and left rear side frames (Fig. 2 elements 42) and each extending in the vehicle front-rear direction (Shown in Fig. 2), front end portions of the rear side frames being connected to the battery frame (Fig. 2 via elements 44), wherein the rear side frames are configured to include first fixed portions fixed to the cross portion and second fixed portions fixed to rear end surfaces of the side portions on a side further outward than the first fixed portions in the vehicle width direction (Fig. 2 shows elements 44 fixing to the claimed surfaces).
Regarding Claim 2, Kim teaches the limitations set forth in Claim 1 and further discloses both end portions of the cross portion in the vehicle width direction serve as inclined portions that are inclined so as to be positioned on a vehicle front side toward outside in the vehicle width direction in a plan view (Fig. 2 shows the inclined portions).
Regarding Claim 3, Kim teaches the limitations set forth in Claim 1 and further discloses the first fixed portions are provided at connecting portions between linear portions extending linearly in the vehicle width direction and the inclined portions in the cross portion (Shown in Fig. 2).
Regarding Claim 4, Kim teaches the limitations set forth in Claim 3 and further discloses the rear side frames extend from the connecting portions toward a vehicle rear side in a plan view (Shown in Fig. 2).
Claim(s) 5 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kim et al. (US 20210101641 A1).
Regarding Claim 5, Kim teaches a vehicle lower part structure comprising: a battery frame configured to include side portions provided as a pair of right (Fig. 2 element 64) and left side (Fig. 2 element 63) portions and each extending in a vehicle front-rear direction and a cross portion (Fig. 2 element 62) extending in a vehicle width direction and coupling front ends of the side portions, the battery frame enclosing a battery (Fig. 2 element 130); and front side frames (Fig. 2 elements 21) provided as a pair of right and left front side frames and each extending in the vehicle front-rear direction (Shown in Fig. 2), rear end portions of the front side frames being connected to the battery frame (Fig. 2 via elements 30), wherein the front side frames are configured to include fourth fixed portions fixed to the cross portion and fifth fixed portions fixed to front end surfaces of the side portions on a side further outward than the fourth fixed portions in the vehicle width direction (Fig. 3 shows elements 30 fixing to the claimed surfaces).
Conclusion
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/E.A./Examiner, Art Unit 3644
/Nicholas McFall/Primary Examiner, Art Unit 3644
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