DETAILED ACTION
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.
Claims 1-3 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuyuzaki et al. (US 20210221436)
Regarding claim 1, Tsuyuzaki discloses a vehicle lower part structure comprising: a battery pack (28) including a battery cell inside and disposed on a vehicle lower side with respect to a vehicle cabin of a vehicle ([0368]); a rocker (14) disposed on an outer side of the battery pack in a vehicle width direction and extending in a vehicle front-rear direction (fig 5); a pair of support portions (107) disposed at least partially between the battery pack and the rocker in the vehicle width direction when viewed in a vehicle up-down direction (fig 5), and spaced away from each other in the vehicle front-rear direction (figs 4-5); and a central framework (131) extending in the vehicle width direction (figs 4-5), positioned between the support portions in the vehicle front-rear direction (figs 4-5), and including an end positioned on an inner side in the vehicle width direction with respect to the support portions (figs 4-5).
Regarding claim 2, Tsuyuzaki further discloses that a support framework (35) extending in the vehicle width direction on an inner side of the support portion in the vehicle width direction (figs 4-5), and disposed to overlap the support portion when viewed in the vehicle width direction (figs 4-5).
Regarding claim 3, Tsuyuzaki further discloses that the central framework is a battery cross member (131) provided inside the battery pack ([0270]).
Regarding claim 7, Tsuyuzaki further discloses a load transmitting member (56a) disposed inside the rocker and configured to transmit a load in the vehicle width direction to the support portion ([0349]-[0350], figs 16-17).
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, 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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tsuyuzaki et al. (US 20210221436) as applied to claim 1 above, and further in view of Mori (US 20130140854).
Regarding claim 5, Tsuyuzaki is silent regarding the fact that the rocker includes a weakened portion provided at a part positioned between the support portions in the vehicle front-rear direction, and having a lower rigidity against a load in the vehicle width direction than another part of the rocker.
Mori teaches the rocker (40) includes a weakened portion (joint portion between rocker and 100) provided at a part positioned between the support portions (100) in the vehicle front-rear direction ([0063], fig 4), and having a lower rigidity against a load in the vehicle width direction than another part of the rocker ([0063]).
Before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Tsuyuzaki and Mori before him or her, to modify the apparatus/method disclosed by Tsuyuzaki to include a weakened portion as taught by Mori in order to improve the strength to a load in a vehicle body backward-forward direction and the rigidity to a load in a vehicle width direction while executing simplification and reducing a weight ([0069]).
Allowable Subject Matter
Claims 4 and 6 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANY E AKAKPO whose telephone number is (469)295-9255. The examiner can normally be reached M-F 9am - 5pm.
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/DANY E AKAKPO/Examiner, Art Unit 3672
09/30/2026