DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 102
2. 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.
3. 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.
4. Claims 1-4 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawase (US 10752292 B2).
Regarding claim 1, Kawase discloses “A vehicle lower part structure (10; Kawase Fig 1) comprising: a side frame (Kawase Annotated Fig 2) having a closed cross-section structure, the side frame extending in a vehicle front and rear direction on an outer side of a battery (20; Kawase Annotated Fig 2) in a vehicle width direction, the side frame being provided at a location where the side frame overlaps at least part of the battery in a vehicle side view; and a side member (14; Kawase Annotated Fig 2) having a closed cross-section structure, the side member being disposed on an outer side of the side frame in the vehicle width direction, the side member being provided at a location where the side member overlaps at least part of the side frame in a vehicle side view, the side member being fastened (32; Kawase Annotated Fig 2) to the side frame by a fastening member.”
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With respect to claim 2, Kawase discloses “The vehicle lower part structure (10; Kawase Fig 1) according to claim 1, wherein an outer energy absorbing member (40; Kawase Annotated Fig 2) is provided in a cross section of the side member (14; Kawase Annotated Fig 2).”
In reference to claim 3, Kawase discloses “The vehicle lower part structure (10; Kawase Fig 1) according to claim 2, wherein an inner energy absorbing member (Kawase Annotated Fig 2) is provided in a cross section of the side frame (Kawase Annotated Fig 2) at a location where at least part of the inner energy absorbing member overlaps the outer energy absorbing member (40; Kawase Annotated Fig 2) in a vehicle side view.”
Regarding claim 4, Kawase discloses “The vehicle lower part structure (10; Kawase Fig 1) according to claim 3, wherein: a floor cross member (18; Kawase Annotated Fig 2) extending in the vehicle width direction is connected to the side frame; and the inner energy absorbing member (Kawase Annotated Fig 2) is provided at a location where at least part of the inner energy absorbing member overlaps the floor cross member in a vehicle side view.”
With respect to claim 6, Kawase discloses “The vehicle lower part structure (10; Kawase Fig 1) according to claim 1, wherein a wall of the side frame (Kawase Annotated Fig 2) at an outer side in the vehicle width direction and a wall of the side member (14; Kawase Annotated Fig 2) at an inner side in the vehicle width direction are fastened by the fastening member (32; Kawase Annotated Fig 2) in the vehicle width direction.”
In reference to claim 7, Kawase discloses “The vehicle lower part structure (10; Kawase Fig 1) according to claim 3, wherein: the outer energy absorbing member (40; Kawase Annotated Fig 2) is disposed at an upper part in the cross section of the side member (14; Kawase Annotated Fig 2); the inner energy absorbing member (Kawase Annotated Fig 2) is disposed at an upper part in the cross section of the side frame (Kawase Annotated Fig 2); and the fastening member (32; Kawase Annotated Fig 2) is disposed below the outer energy absorbing member and the inner energy absorbing member.”
Claim Rejections - 35 USC § 103
5. 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.
6. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kawase (US 10752292 B2) in view of Nakamura et al. (JP 2023117812 A).
Regarding claim 5, Kawase teaches a vehicle lower structure (10; Kawase Fig 1) with a side member (14; Kawase Annotated Fig 2).
Kawase does not explicitly teach a front and center pillar.
However, Nakamura et al. teaches “…a front pillar (Nakamura et al. Annotated Fig 1) extending in a vehicle up and down direction is connected to a vehicle front side of the side member (40; Nakamura et al. Annotated Fig 1); and a center pillar (Nakamura et al. Annotated Fig 1) extending in the vehicle up and down direction is connected to the side member on a vehicle rear side of the front pillar.”
Therefore, it would be obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have incorporated the vehicle lower part structure of Kawase with the vehicle body of Nakamura et al. with a reasonable expectation of success for a vehicle frame configured to better protect the battery from impact.
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7. Claim 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kawase (US 10752292 B2) in view of Kabushiki (JP S62-076757 U).
Regarding claim 8, Kawase teaches a vehicle lower structure (10; Kawase Fig 1) with a side member (14; Kawase Annotated Fig 2).
Kawase does not teach the side member to have a flat inner panel and “hat shape” outer panel.
However, Kabushiki teaches “…the side member (Kabushiki Annotated Figs 3 &5) is configured to include an inner panel and an outer panel, the inner panel (5; Kabushiki Annotated Figs 3 &5) having a flat plate shape, the inner panel being disposed so as to be opposed to the side frame, the outer panel (2; Kabushiki Annotated Figs 3 &5) having a hat shape in cross section, the outer panel being disposed on an outer side of the inner panel in the vehicle width direction, the outer panel being joined to the inner panel.
Therefore, it would be obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have incorporated the vehicle lower part structure of Kawase with the vehicle body of Nakamura et al. with a reasonable expectation of success for a vehicle frame configured to better protect the battery from impact.
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Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takahashi et al. discloses a vehicle lower part structure configured to retain and protect a battery.
坂口 直矢 discloses a vehicle lower part structure configured to retain and protect a battery.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL ROBERT DIGIOVANNANTONIO whose telephone number is (571)272-4526. The examiner can normally be reached Monday-Friday 7 a.m. to 5 p.m..
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, Amy Weisberg can be reached at 5712705500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.R.D./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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