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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Europe on 09/14/2023. It is noted, however, that applicant has not filed a certified copy of the European application as required by 37 CFR 1.55. The electronic retrieval attempt failed.
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.
Claims 1-16 are 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 1 is not clearly understood because “the underside of the vehicle” lacks a clear antecedent basis.
Claim 3 is not clearly understood because “the front part” lacks a clear antecedent basis.
Claim 4 is not clearly understood because “the underside of the sill” lacks a clear antecedent basis.
Claim 14 is not clearly understood because “the mutual position” lacks a clear antecedent basis.
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 1-7, 9, 10, 14, and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. (US 2023/0182817).
Lee et al. discloses a vehicle (10) having an energy absorbing arrangement comprising a bracket (52) and a component (28) arranged on the underside of the vehicle (10), as shown in Figures 1-5. The bracket is arranged to transfer energy to the component (28), as shown in Figures 1-5.
In reference to claim 2, the vehicle (10) comprises a sill (28) and the bracket (52) is attached to the sill (28), as shown in Figures 1-5.
In reference to claim 3, the bracket (52) is arranged in the front part of the sill (28), as shown in Figures 1-5.
In reference to claim 4, the bracket (52) is arranged on the underside of the sill (28), as shown in Figures 1-5.
In reference to claim 5, the bracket (52) is arranged such that a front portion of the bracket (52) is arranged in front of the sill (28), as shown in Figures 1 and 2. The front portion receives fasteners (130), as shown in Figure 2.
In reference to claim 6, the vehicle (10) has an A-pillar (24), as shown in Figure 2. The bracket (52) is arranged such that a front portion of the bracket (52) is arranged in front of the A-pillar (24), as shown in Figure 2. The front portion receives fasteners (130), as shown in Figure 2.
In reference to claim 7, the bracket (52) is arranged in a position below the A-pillar, as shown in Figures 2 and 5.
PNG
media_image1.png
230
464
media_image1.png
Greyscale
In reference to claim 9, the component (28) is arranged behind the bracket (52), as shown in Figures 1 and 2.
In reference to claim 10, the bracket (52) and the component (28) are arranged adjacent to each other, as shown in Figures 1 and 2.
In reference to claim 14, the arrangement has a guiding means (130) maintaining the mutual position of the bracket (52) and the component (28) in case of collision, as shown in Figures 1 and 2.
In reference to claim 15, the guiding means (130) is arranged to counteract the bracket (52) from moving to a position below the component (28) in case of a collision, as shown in Figures 1 and 2.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2023/0182817) in view of Marshall et al. (US 2022/0089009).
Lee et al. does not disclose the bracket provides a lifting jack point.
Marshall et al. teaches using a horizontal flange attached to a vehicle sill as a lifting jack point (120), as disclosed in paragraph [0056].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the bracket of Lee et al. as a lifting jack point, as taught by Marshall et al., with a reasonable expectation for success to provide a lifting jack point at the reinforced sill location that can be used to safely lift the vehicle for work.
Claim 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2023/0182817) in view of Marshall et al. (US 2022/0089009).
Lee et al. does not disclose a component that is part of a battery structure.
Marshall et al. teaches attaching a battery structure (14) to an underside (64) of a vehicle (60), as shown in Figures 2 and 3. A component (84) of the battery structure (14) is in a location directly behind the A-pillar, as shown in Figures 2 and 3.
In reference to claim 12, the component (84) is a side collision protection for a battery, as shown in Figures 2, 3, and 6.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a battery structure with a component formed as a side collision protection for the battery to the underside of the vehicle of Lee et al. directly behind the A-pillar, as taught by Marshall et al., with a reasonable expectation for success to provide a battery for an electric vehicle in a location that minimizes intrusion of the passenger and cargo spaces.
Allowable Subject Matter
Claims 13 and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: The primary reason for indicating allowable subject matter of claim 13 is the bracket is arranged to transfer energy to a lateral outer portion of the component extending longitudinally along a part of the side of the vehicle, which is not found in the prior art of record. Lee et al. can’t transfer energy to a lateral outer portion of the component since it is attached to the bottom of the component.
The primary reason for indicating allowable subject matter of claim 16 is the hooking part of the bracket, which is not found in the prior art of record. Lee et al. uses fasteners such as bolts to connect to vertical surfaces. The shape and location of the structure is not conducive to using a hooking part for attachment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Miller (6,364,358) shows a bracket that is closest in appearance to the applicant’s bracket.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 September 18, 2026
Prosecution Insights