DETAILED ACTION
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 .
This is the first action on the merits for application 19/020,889. Claims 1-20 are currently pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/17/2025 has been considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 6 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.
Claim 6, lines 1-3 state, “the battery pack is configured to power…for at least 85 hours without recharging the battery pack” rendering the claim indefinite. Specifically, it is unclear what structural elements constitute the battery pack to allow it to power for at least 85 hours without recharging. As presently written, the metes and bounds of Claim 6 cannot be determined as it is unclear what specific battery pack structure is being claimed.
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 (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.
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) 1-8, 10, 11, 13-17 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CALISKAN et al. (US 2020/0220125 A1).
Regarding Claim 1, CALSIKAN et al. discloses a utility vehicle (Figs. 1-4 and 9) comprising: a chassis (Figs. 1 and 9) including: a pair of frame rails (22) extending longitudinally along the utility vehicle (Fig. 9); a first cross member (second element 16 from left of unlabeled rectangular box adjacent rear wall in Fig. 3) extending laterally between the pair of frame rails (Figs. 2 and 3); and a second cross member (32) extending laterally between the pair of frame rails and longitudinally offset from the first cross member (Figs. 2 and 3); a tractive element (Figs. 1 and 9) coupled to the chassis; an electric motor (paragraph [0016], “electric motors”) configured to drive the tractive element to propel the utility vehicle; and a battery pack (24) configured to supply electrical energy to the electric motor, the battery pack including: a first bracket (first element 16 from left of unlabeled rectangular box adjacent rear wall in Fig. 3) coupled to the first cross member (via 54); a second bracket (element 16 to the right of unlabeled rectangular box connected to 32 in Fig. 3) coupled to the second cross member (via 54); and a battery module (38) positioned between the first bracket and the second bracket (Fig. 3).
Regarding Claim 2, CALSIKAN et al. discloses the battery module is a first battery module (left-most element 18 in Fig. 4), wherein the battery pack includes a second battery module (element 18 directly to the right of left-most element 18 in Fig. 4), and wherein the second battery module is positioned between the first battery module and the second bracket (Figs. 3 and 4).
Regarding Claim 3, CALSIKAN et al. discloses the first battery module and the second battery module are different (Fig. 4; note, elements 18 are individual components and are therefore “different” elements from one another, i.e., the first battery module and the second battery module are not the same element).
Regarding Claim 4, CALSIKAN et al. discloses the first battery module and the second battery module at least one of (a) have different exterior packaging (Fig. 4; note, elements 18 are individual components and are therefore “different” elements from one another with “different” exterior packaging, i.e., the first battery module and the second battery module are not the same element with the same exterior packaging) or (b) utilize different battery chemistries.
Regarding Claim 5, CALSIKAN et al. discloses the battery pack includes a third battery module (element 18 second to the right of left-most element 18 in Fig. 4), a fourth battery module (element 18 third to the right of left-most element 18 in Fig. 4), and a fifth battery module (element 18 fourth to the right of left-most element 18 in Fig. 4), and wherein the first battery module, the second battery module, the third battery module, the fourth battery module, and the fifth battery module are stacked longitudinally between the first bracket and the second bracket (Figs. 3 and 4).
Regarding Claim 6 as best understood, CALSIKAN et al. discloses the battery pack (24) is configured to power the electric motor to drive the utility vehicle for at least 85 hours without recharging the battery pack (paragraph [0016], “propulsion of the vehicle 10 is powered electrically by the battery cells 18”, “wheels of the vehicle 10 are powered by electric motors”, “vehicle 10 may be of any type, e.g., a passenger automobile, taxi, ride-sharing automobile, etc.”).
Regarding Claim 7, CALSIKAN et al. discloses the first battery module includes a first stud and the second battery module includes a second stud, and wherein the battery pack includes a bus bar extending longitudinally from the first stud to the second stud to electrically couple the first battery module and the second battery module (paragraph [0017], “vehicle-battery assembly 24 may include any suitable hardware, e.g., wiring, connectors 20, circuits, etc., connecting the battery modules 14 to each other and to electrified components of the vehicle”; paragraph [0023], “electrodes, e.g., conductive foil tabs”).
Regarding Claim 8, CALSIKAN et al. discloses the battery module includes a third battery module including a third stud, wherein the bus bar includes a first portion that extends longitudinally from the first stud to the second stud and a second portion that extends between the second stud and the third stud, and wherein the first portion and the second portion of the bus bar are aligned (Figs. 3 and 4; paragraph [0017], “vehicle-battery assembly 24 may include any suitable hardware, e.g., wiring, connectors 20, circuits, etc., connecting the battery modules 14 to each other and to electrified components of the vehicle”; paragraph [0023], “electrodes, e.g., conductive foil tabs”).
Regarding Claim 10, CALSIKAN et al. discloses a rod (20) extending longitudinally through the first battery module and the second battery module and coupled to the first bracket and the second bracket (Figs. 3 and 4).
Regarding Claim 11, CALSIKAN et al. discloses a battery frame rail (12) extending longitudinally from the first bracket to the second bracket (Fig. 3), wherein the battery frame rail couples the first bracket to the second bracket (via 48).
Regarding Claim 13, CALSIKAN et al. discloses an accelerator interface configured to cause the electric motor to propel the utility vehicle in response to an input from an operator (paragraph [0016], “propulsion of the vehicle 10 is powered electrically by the battery cells 18”, “wheels of the vehicle 10 are powered by electric motors”, “vehicle 10 may be of any type, e.g., a passenger automobile, taxi, ride-sharing automobile, etc.”); and a seat (Figs. 1 and 9; seat generally positioned laterally within front-door frame for a “passenger automobile”) positioned to support the operator while the operator interacts with the accelerator interface; wherein the battery pack extends rearward of the seat (Figs. 1 and 9).
Regarding Claim 14, CALSIKAN et al. discloses the battery pack is positioned entirely rearward of the seat (Figs. 1 and 9; note, “battery pack” only includes rear-most battery module 38 and surrounding brackets 16 which is positioned entirely rearward of a front seating area in Figs. 1 and 9).
Regarding Claim 15, CALSIKAN et al. discloses a battery pack (Figs. 1-4 and 9) configured to supply electrical energy to an electric motor (paragraph [0016], “electric motors”) of a utility vehicle (Figs. 1 and 9), the battery pack comprising: a first bracket (first element 16 from left of unlabeled rectangular box adjacent rear wall in Fig. 3); a second bracket (element 16 to the right of unlabeled rectangular box connected to 32 in Fig. 3) offset from the first bracket (Figs. 3 and 4); a first battery module (left-most element 18 in Fig. 4) positioned between the first bracket and the second bracket (Figs. 3 and 4); a second battery module (element 18 directly to the right of left-most element 18 in Fig. 4) positioned between the first battery module and the second bracket (Figs. 3 and 4); and a first rod (a first rod 20 in Fig. 4) and a second rod (a second rod 20 in Fig. 4) each extending from the first bracket, through the first battery module and the second battery module, to the second bracket (Fig. 4), wherein the first rod and the second rod couple the first battery module and the second battery module to the first bracket and the second bracket (Figs. 3 and 4).
Regarding Claim 16, CALSIKAN et al. discloses the first battery module includes a first stud and the second battery module includes a second stud, further comprising a bus bar extending longitudinally from the first stud to the second stud to electrically couple the first battery module and the second battery module (paragraph [0017], “vehicle-battery assembly 24 may include any suitable hardware, e.g., wiring, connectors 20, circuits, etc., connecting the battery modules 14 to each other and to electrified components of the vehicle”; paragraph [0023], “electrodes, e.g., conductive foil tabs”).
Regarding Claim 17, CALSIKAN et al. discloses a third battery module including a third stud, wherein the bus bar includes a first portion that extends longitudinally from the first stud to the second stud and a second portion that extends between the second stud and the third stud, and wherein the first portion and the second portion of the bus bar are aligned (Figs. 3 and 4; paragraph [0017], “vehicle-battery assembly 24 may include any suitable hardware, e.g., wiring, connectors 20, circuits, etc., connecting the battery modules 14 to each other and to electrified components of the vehicle”; paragraph [0023], “electrodes, e.g., conductive foil tabs”).
Regarding Claim 19, CALSIKAN et al. discloses a battery frame rail (12) extending longitudinally from the first bracket to the second bracket (Fig. 3), wherein the battery frame rail couples the first bracket to the second bracket (via 48).
Allowable Subject Matter
Claims 9, 12 and 18 are 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.
Claim 20 is allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not disclose nor render obvious a vehicle including a chassis including: wherein the second cross member is positioned at a different height than the first cross member; and a battery pack including: a second bus bar positioned below the first bus bar and coupled to the second stud, the fourth stud, and the sixth stud, in combination with the other elements required by independent Claim 20.
One of ordinary skill in the art would have no rationale, absent hindsight, to modify the prior art to derive the claimed invention since the above-mentioned limitations, in combination with the other claim limitations, are considered new and nonobvious improvements over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
SLOAN et al. (US 11,780,337) discloses a vehicle battery system (see Figs. 3-5).
SEO et al. (US 2022/0393290 A1) discloses a vehicle battery pack (see Fig. 3).
BALL (US 2007/0284906 A1) discloses a utility vehicle frame assembly (see Fig. 5).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN YOUNG whose telephone number is (571)272-4781. The examiner can normally be reached Monday - Friday 10:00 am - 6:00 pm (CST).
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, Jacob S Scott can be reached at (571)270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EDWIN YOUNG
Primary Examiner
Art Unit 3655
/Edwin A Young/Primary Examiner, Art Unit 3655
