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 19/033,221. Claims 1-3 are currently pending in this application.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/21/2025 has been considered by the examiner.
Drawings
Figures 6-8 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated (see, for reference, paragraph [0003], “FIGS. 6 to 8 illustrate a conventional structure”). See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 2 is objected to because of the following informalities: line 8, “wherein the nut member is attached” should be changed to - -wherein the nut is attached- - for claim consistency (see, for reference, Claim 2, line 6, “a nut is attached”). Note, the “nut member” of Claim 1, line 2 is a separate and distinct element from the “nut” of Claim 2, line 6. 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2011-194982 A. Note, although already cited on the IDS filed 1/21/2025, all reference herein to JP 2011-194982 A is made to the English language translation provided with this action.
Regarding Claim 1, JP 2011-194982 A discloses a battery attachment structure (Figs. 1-4), wherein a nut member (53) is detachably attached (53 is shown as a distinct element from 11) to an outer surface (53 is attached to an outer/exterior portion of 11) of an outer plate (11) of a battery (1); and wherein the battery is fastened to a vehicle body frame (30, 38) by screwing a fastening bolt (52) into the nut member (Fig. 4), the fastening bolt being inserted in a fastening hole (Fig. 4) formed in the vehicle body frame (at 38).
Allowable Subject Matter
Claims 2 and 3 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WU et al. (US 2025/0346106 A1) discloses a battery mounting frame for a vehicle (see Figs. 3 and 6).
KAMEMOTO et al. (US 2023/0264563 A1) discloses a vehicle body structure for battery mounting (see Fig. 9).
LEE et al. (US 2023/0238638 A1) discloses a vehicle battery mounting structure (see Fig. 1).
OHKUMA (US 2020/0070671 A1) discloses a battery case fixing structure (see Figs. 3 and 6).
OTOGURO et al. (US 2019/0276081 A1) discloses a vehicle lower structure (see Fig. 3).
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).
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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
