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 .
Claim Objections
Claims 1, 2, and 5 are objected to because of the following informalities:
In claim 1, line 5, “the rockers” has no proper antecedent basis in the claims. Previously, in line 2, “a rocker” has been recited.
In claim 1, line 8, “both end portions” has no antecedent basis in the claims. This objection could be overcome by replacing the noted language with --two opposite end portions--.
In claim 1, line 10 “the ben portion” has no proper antecedent basis in the claims. Previously, Applicant has recited two bent portions (one at each end portion).
These objections could be overcome by rewriting the claim as follows:
1. A vehicle lower part structure comprising:
a rocker disposed outward, respectively, of two opposite sides of a battery in a vehicle width direction and each rocker extending in a vehicle front-rear direction;
a cross member disposed above the battery in a vehicle up-down direction and connecting the rockers in the vehicle width direction; and
a lower load transfer member disposed below the battery in the vehicle up-down direction and extending in the vehicle width direction, wherein:
two opposite end portions in the vehicle width direction of the lower load transfer member include a respective bent portion bent in the vehicle up-down direction along a respective rocker; and
each bent portion and a respective one of the rockers are fastened together in the vehicle width direction with a fastening member so as to face each other.
Claims 2 and 5 have similar problems regarding singular vs. plural elements recited in the claims.
Appropriate correction is required.
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.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Makowski et al. (US 2020/0062319).
With respect to claim 1, Makowski discloses a vehicle lower part structure comprising:
a rocker 18 disposed outward of a battery 30 in a vehicle width direction and extending in a vehicle front-rear direction (as shown in Fig. 1 of Makowski et al.);
a cross member (upper part of battery cage 28) disposed above the battery in a vehicle up-down direction and connecting the rockers in the vehicle width direction as shown below in the image taken from Fig. 4 of Makowski et al.:
[AltContent: textbox (bent portion)][AltContent: ][AltContent: textbox (lower load transfer member)][AltContent: textbox (cross member)][AltContent: ][AltContent: ]
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and
a lower load transfer member (lower part of battery cage 28–as indicated above, see also Fig. 6 of Makowski et al.) disposed below the battery 30 in the vehicle up-down direction and extending in the vehicle width direction, wherein:
both end portions in the vehicle width direction of the lower load transfer member include a bent portion bent in the vehicle up-down direction along the rocker 18 (as indicated above);
and the bent portion and the rocker 18 are fastened together in the vehicle width direction with a fastening member so as to face each other (“The battery cage 18 [sic] may be fixed to the rocker 18 in any suitable way, for example, bolting, welding, etc.,” Makowski et al., paragraph [0035]).
With respect to claim 3, Makowski et al. disclose that the lower load transfer member includes a panel member extending in the vehicle width direction and the vehicle front-rear direction and covering the battery 30 from below (as can be seen in Figs. 1, 3, and 4 of Makowski et al.).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Makowski et al. (US 2020/0062319).
With respect to claim 2, Makowski et al. disclose the claimed vehicle lower part structure except for the bent portion being bend downward in the vehicle up-down direction along the rocker. However, it has been held that a simple rearrangement of parts is an obvious matter of design choice. Moving the bent portion to bend downward instead of upward as disclosed by Makowski et al. does not change the function of the bent portion (see MPEP § 2144.04 VI, C).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Makowski et al. (US 2020/0062319), as applied to claim 3 above, and further in view of Kim (US 2021/0061369).
With respect to claim 4, Makowski et al. disclose the claimed vehicle lower part structure except for the reinforcing member extending in the vehicle front rear direction. However, Kim teaches a similar vehicle lower part structure including a battery 200 a panel member 120, and a reinforcing member 130 wherein the reinforcing member has a closed cross section together with the panel member 120 and is provided on a lower surface of the panel member 120 (as shown in Fig. 9 of Kim).
It 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, with a reasonable expectation of success, to combine the teaching of Kim with the vehicle lower part structure disclosed by Makowski et al. for the reinforcement which provides a stronger battery support panel.
Allowable Subject Matter
Claim 5 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 5 has been indicated as containing allowable subject matter primarily for the battery frame disposed between the cross member and the rocker; the battery being fastened to the battery frame; and the battery frame being fastened to the rocker.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Muraoka et al., Pingapani, and Li et al. are cited to show other examples of battery support members with bent portions fastened to a rocker.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Daniel J Colilla/Primary Examiner, Art Unit 3612
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