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 .
DETAILED ACTION
Claims 1 – 20 have been examined.
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.
(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 – 5, 8 – 11, and 18 – 19 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Lambert et al. (1,138,122). In regard to claims 1 and 18, Lambert discloses a structural assembly for an electric vehicle, the structural assembly comprising a vehicle frame distinct from a vehicle body, the vehicle frame including a first section (Figs. 1 and 2, items 12 and 13) and a second section (Figs. 1 and 2, item 11), the first section comprising opposed longitudinal rails, and a battery structure configured to house power storage units and disposed between the opposed longitudinal rails (Figs. 1 and 3, item 41), the battery structure comprising a battery housing secured to the opposed longitudinal rails of the first section (Fig. 1),wherein the first section and the battery housing are combined into a unitized structure that is removably secured to the second section of the vehicle frame (Figs. 1 and 2, via unnumbered frame member fasteners).
In regard to claim 2, Lambert discloses wherein the first section is a mid-section and the battery housing being combined into the unitized structure comprises the mid- section and the battery housing fixed to each other (Figs. 1 and 2).
In regard to claim 3, Lambert discloses wherein the first section includes a width that is greater than a width of the second section (Fig. 1).
In regard to claim 4, Lambert discloses a set of fasteners mechanically coupling a front end of the first section of the vehicle frame and the second section of the vehicle frame to each other (Figs. 1 and 2, unnumbered frame member fasteners).
In regard to claim 5, Lambert discloses a plurality of mounts secured to the opposed longitudinal rails (Figs. 4 and 5, items 33 and 34).
In regard to claim 8, Lambert discloses wherein each of the opposed longitudinal rails includes internal stiffening members (Fig. 3, unnumbered inner horizontal webs of items 12 and 13).
In regard to claim 9, Lambert discloses wherein each side of the battery housing is directly engaged to a respective longitudinal rail of the opposed longitudinal rails (Figs. 1 and 3).
In regard to claim 10, Lambert discloses a plurality of cross members disposed within the battery housing and extending in a transverse direction relative to a longitudinal direction of the electric vehicle, each cross member of the plurality of cross members includes opposed ends that contact respective sides of the battery housing (Fig. 1, items 16 and 17).
In regard to claims 11 and 19, Lambert discloses wherein the first section is a mid-section and the second section is a front section of the vehicle frame (Fig. 1).
In regard to claims 12 and 20, Lambert discloses wherein the first section is a mid-section and the second section is a rear section of the vehicle frame (Figs. 1 and 2, item 10).
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.
Claims 6 – 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lambert et al. (1,138,122) as applied to claims 1 – 5, 8 – 12, and 18 – 20 above, and further in view of Queeney (1,112,321). Lambert does not disclose the use of battery jounce bumpers or vehicle suspension. In regard to claim 6, Queeney discloses a plurality of mounts secured to opposed longitudinal rails (Figs. 1 and 2, item 4), and a plurality of jounce bumpers, each jounce bumper disposed on a respective mount and between the respective mount and a vehicle body (Figs. 1 and 2, item 5).
In regard to claim 7, Queeney discloses a suspension system is connected to a second section (Fig. 1, unnumbered leaf springs).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide jounce bumpers and suspension of Queeney to the vehicle of Lambert in order to minimize vibration moving through the vehicle to the passenger compartment/body. This would increase user/passenger comfort.
Allowable Subject Matter
Claims 13 – 17 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Lambert et al. (1,138,122) discloses an electric vehicle similar to the instant invention; however Lambert, either alone or in combination, neither discloses nor suggests an electric vehicle comprising a vehicle frame distinct from a vehicle body, the vehicle frame including a first section and a second section, the first section comprising opposed longitudinal rails, each longitudinal rail of the opposed longitudinal rails includes an end having a stepped interface. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Singh (4,365,681) discloses a battery support structure;
Storc et al. (8,739,907) disclose a vehicle with structural battery pack;
Calandruccio (11,351,850) discloses a universal electric conversion kit;
Matsushima et al. (11,355,809) disclose a vehicle substructure for a battery case.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/ Primary Examiner, Art Unit 3613
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