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 4 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 4, the claim states the phrase “configured by” several times throughout the body of the claims. These phrases render the limitations unclear as it does not clearly state whether the structures are positively claimed. For the sake of prosecution, the examiner will consider “configured by” to read as “comprises” as the limitation appears to further describe the structures of the claimed upper and lower panels. 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.
Claim(s) 1-3 and 5-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mikazuki et al. (JP 2023056569 A).
Regarding Claim 1, Mikazuki teaches a vehicle lower body structure (Fig. 5 element 100), comprising: a battery (Fig. 5 element 63) disposed at a vehicle lower side relative to a vehicle cabin; a frame (Fig. 5 element 10) disposed at an outer side, in a vehicle width direction, of the battery, a position in a height direction of a part of the frame overlapping with the battery when viewed in the vehicle width direction (Shown in Fig. 5); and an impact absorption member (Fig. 5 element 20) provided inside the frame and including closed cross-sectional structural units whose cross-sectional shapes, when viewed in the vehicle width direction, are closed cross-sections, the closed cross-sectional structural units extending in the vehicle width direction (Shown in Fig. 6).
Regarding Claim 2, Mikazuki teaches the limitations set forth in Claim 1 and further discloses the frame comprises a rocker that configures a part of a vehicle body lower portion and that extends in a vehicle front-rear direction, and the impact absorption member is provided inside the rocker the frame comprises a rocker that configures a part of a vehicle body lower portion and that extends in a vehicle front-rear direction, and the impact absorption member is provided inside the rocker (Fig. 1 element 10).
Regarding Claim 3, Mikazuki teaches the limitations set forth in Claim 2 and further discloses the impact absorption member includes a reinforcement panel made of metal and bent in the vehicle front-rear direction (Figs 6-7 and 9 elements 20).
Regarding Claim 5, Mikazuki teaches the limitations set forth in Claim 2 and further discloses the closed cross-sectional structural units are distributed at a higher density at a position at which the rocker overlaps in the height direction, when viewed in the vehicle width direction, with at least one of a cross member, which configures a part of the vehicle body lower portion and which extends in the vehicle width direction, or a reinforcement member, which configures a part of a battery case for the battery and which extends in the vehicle width direction (Fig. 5 shows element 10 position relative to battery box 60).
Regarding Claim 6, Mikazuki teaches the limitations set forth in Claim 3 and further discloses the impact absorption member includes the reinforcement panel, which is bent in a zigzag shape when viewed in the vehicle width direction (Shown in Fig. 6).
Regarding Claim 7, Mikazuki teaches the limitations set forth in Claim 3 and further discloses the impact absorption member includes the reinforcement panel, which is bent in a square wave shape when viewed in the vehicle width direction (Shown in Fig. 7).
Regarding Claim 8, Mikazuki teaches the limitations set forth in Claim 3 and further discloses the impact absorption member includes the reinforcement panel, which is bent in a wavy line shape when viewed in the vehicle width direction (Shown in Fig. 9).
Regarding Claim 9, Mikazuki teaches the limitations set forth in Claim 3 and further discloses the rocker includes a rocker outer panel (Fig. 5 element 112) that configures a vehicle width direction outer part of the rocker and a rocker inner panel (Fig. 5 element 122) that configures a vehicle width direction inner part of the rocker, and the reinforcement panel is joined to the rocker outer panel or the rocker inner panel (Shown in Fig. 5).
Allowable Subject Matter
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/E.A./Examiner, Art Unit 3644
/Nicholas McFall/Primary Examiner, Art Unit 3644
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