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 .
Information Disclosure Statement
The information disclosure statement filed April 3, 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. The Examiner notes that the information referred to therein has been considered and respectfully requests Applicant to provide a legible copy of each cited foreign patent document and each non-patent literature publication or that portion which caused it to be listed on the information disclosure statement filed April 3, 2025.
Specification
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.
The disclosure is objected to because of the following informalities:
In Paragraphs 00111 and 00116-00117, “elevation unit 500” should read “elevation unit 500’”
In Paragraphs 00115, 00124-00125, 00136, 00142, 00147, 00149-00152, and 00155, “first fastener 100” should read “first fastener 100’”
In Paragraph 00116, “elevation guide member 520” should read “elevation guide member 520’”
In Paragraphs 00128 and 00146, “extension part 120” should read “extension part 120’”
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) 1-5 and 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lejeune et al. (US20120255800A1), hereinafter "Lejeune".
Regarding claim 1, Lejeune teaches a fastening apparatus (Fig 1, device 1) for a vehicle (see Fig 1, Abstract, Examiner notes a device for removably attaching a battery of a motor vehicle as for a vehicle), comprising:
a first fastener (Fig 9, spindle 11) fixed (see Fig 9) to a first structure (Fig 9, part 2) of the vehicle (see Fig 1);
a case (Fig 9, part 10) fixed (see Figs 2-6) to a second structure (Fig 2, battery tray 30) of the vehicle (see Fig 1) and having one end (see Fig 9, Examiner notes an end of part 10 adjacent part 2 as having one end) facing (see Fig 9) the first fastener (11) that is inserted (see Fig 9) in the case (10) in a first direction (see Fig 9, Examiner notes a direction parallel to a longitudinal axis of spindle 11 as a first direction);
an elevation unit (Fig 9, piston 14) installed (see Fig 9) in the case (10) and movable (see Figs 2-6) in the first direction (see Fig 9);
a second fastener (Fig 9, stop 23) rotatably coupled (see Figs 2-6) to the elevation unit (14), detachably fastened (see Figs 2-6) to the first fastener (11), and movable (see Figs 2-6) in the first direction (see Fig 9) along (see Figs 2-6) with the elevation unit (14); and
an elastic member (Fig 9, elastic means 16) installed (see Fig 9) between the case (10) and the elevation unit (14),
wherein the elastic member (16) is contracted (see Figs 2-6) as the second fastener (23) is fastened (see Figs 2-6) to the first fastener (11).
Regarding claim 2, Lejeune teaches the fastening apparatus (1) of claim 1 and further teaches wherein the elevation unit (14) comprises:
an elevation member (see Fig 9, Examiner notes a body of piston 14 as an elevation member) installed (see Fig 9) within the case (10) and configured to have the second fastener (23) inserted (see Fig 9) therein;
an elevation guide member (see Fig 9, Examiner notes a member of piston 14 having outer seals 21 extending distal from elastic means 16 as an elevation guide member) extending (see Fig 9) outwardly from one end (see Fig 9) of the elevation member (see Fig 9) and slidably coupled (see Figs 2-6) to the case (10); and
a support member (see Fig 9, Examiner notes a member of piston 14 having inner seals 21 extending radially inward towards stop 23 as a support member) extending (see Fig 9) inwardly from another end (see Fig 9) of the elevation member (see Fig 9) and configured to rotatably support (see Figs 2-6) the second fastener (23).
Regarding claim 3, Lejeune teaches the fastening apparatus (1) of claim 2 and further teaches wherein the second fastener (23) comprises:
a second fastening member (see Fig 9, Examiner notes a body of stop 23 as a second fastening member) disposed (see Fig 9) within the elevation member (see Fig 9) and having a screw thread (see Fig 9) on an inner circumference surface (see Fig 9, Examiner notes an inner surface of a bore extending through stop 23 as an inner circumference surface) thereof such that the screw thread (see Fig 9) is screwed (see Fig 9) onto an outer circumference surface (see Fig 9, Examiner notes an outer surface of spindle 11 as an outer circumference surface) of the first fastener (11); and
an insertion groove (see Fig 9, Examiner notes a groove of stop 23 in which the member of piston 14 extending radially inward to as an insertion groove) defined on one end (see Fig 9) of the second fastening member (see Fig 9),
wherein a free end (see Fig 9, Examiner notes an end of the member of piston 14 extending radially inward as a free end) of the support member (see Fig 9) is engaged (see Fig 9) in the insertion groove (see Fig 9) so that the second fastener (23) is spinnable (see Figs 2-6) relatively to the elevation unit (14).
Regarding claim 4, Lejeune teaches the fastening apparatus (1) of claim 3 and further teaches wherein an outer diameter (see Fig 9, Examiner notes a largest outer diameter of the body of stop 23 as an outer diameter) of the second fastening member (see Fig 9) is smaller (see Fig 9) than an inner diameter (see Fig 9, Examiner notes a smallest inner diameter of the body of piston 14 as an inner diameter) of the elevation member (see Fig 9).
Regarding claim 5, Lejeune teaches the fastening apparatus (1) of claim 3 and further teaches wherein the free end (see Fig 9) of the support member (see Fig 9) having a rounded end (see Fig 9) comes into contact (see Fig 9) with an inner side (see Fig 9) of the insertion groove (see Fig 9).
Regarding claim 8, Lejeune teaches the fastening apparatus (1) of claim 3 and further teaches wherein a width (see Fig 9, Examiner notes a depth of the groove of stop 23 in which the member of piston 14 extends radially inward to as a width) of the insertion groove (see Fig 9) in the first direction (see Fig 9) is larger (see Fig 9, Examiner notes the depth of the groove of stop 23 in which the member of piston 14 extends radially inward to being open ended as is larger) than a thickness (see Fig 9) of the support member (see Fig 9) in the first direction (see Fig 9) for a rotation (see Figs 2-6) of the second fastener (23) with respect to the elevation unit (14).
Regarding claim 9, Lejeune teaches the fastening apparatus (1) of claim 2 and teaches further comprising a stopper (Fig 9, elements 19) coupled (see Fig 9) to another end (see Fig 9, Examiner notes an end of part 10 distal part 2 as another end) of the case (10), which faces away (see Fig 9) from the first fastener (11), the stopper (19) having a tool hole (see Fig 9, Examiner notes an opening between elements 19 as having a tool hole) at a central part (see Fig 9) thereof,
wherein a diameter (see Fig 9, Examiner notes a diameter of the opening between elements 19 as a diameter) of the tool hole (see Fig 9) is larger (see Fig 9) than an inner diameter (see Fig 9, Examiner notes a smallest inner diameter of the body of piston 14 as an inner diameter) of the elevation member (see Fig 9), but smaller (see Fig 9) than an outer diameter (see Fig 9, Examiner notes an outer diameter of the member of piston 14 having seals 21 extending distal from elastic means 16 as an outer diameter) of the elevation guide member (see Fig 9).
Regarding claim 10, Lejeune teaches the fastening apparatus (1) of claim 9 and further teaches wherein the elastic member (16) is stretchable (capable of being stretchable, i.e. this is a functional recitation; see Figs 2-6) such that the elevation guide member (see Fig 9) comes into contact (see Figs 2-6 and 9) with an upper surface (see Fig 9) of the stopper (19) as the second fastener (23) is separated (see Figs 2-6 and 9) from the first fastener (11).
Regarding claim 11, Lejeune teaches the fastening apparatus (1) of claim 2 and further teaches wherein the case (10) includes a rail part (see Fig 9, Examiner notes a radially extending inward step within part 10 adjacent elastic means 16 as includes a rail part) protruding inwardly (see Fig 9) from an inner circumference surface (see Fig 9, Examiner notes an inner surface of part 10 as from an inner circumference surface) thereof and extending (see Fig 9) in the first direction (see Fig 9) along the inner circumference surface (see Fig 9) of the case (10),
the elevation guide member (see Fig 9) includes a groove (see Fig 9, Examiner notes a groove in the member of piston 14 having outer seals 21 extending distal from elastic means 16 as includes a groove) that is concavely recessed (see Fig 9) from an outer circumference surface (see Fig 9, Examiner notes an outer surface of the member of piston 14 having outer seals 21 extending distal from elastic means 16 as from an outer circumference surface) of the elevation guide member (see Fig 9), and
the groove (see Fig 9) of the elevation guide member (see Fig 9) is slidably coupled (see Figs 2-6) to the rail part (see Fig 9) such that the elevation unit (14) slides (see Figs 2-6) along the rail part (see Fig 9) in the first direction (see Fig 9).
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(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lejeune.
Regarding claims 6 and 7, Lejeune teaches the fastening apparatus (1) of claim 3 but fails to teach wherein the second fastening member (see Fig 9) has a [claim 6: polygon cross section; claim 7: hexagon cross section].
It would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the second fastening member to have a [claim 6: polygon cross section; claim 7: hexagon cross section] as an obvious change in shape. MPEP 2144.04 (IV)(B). The rationale for supporting this conclusion of obviousness is to provide a desired shape based on application and use requirements, e.g. performance, manufacturing, etc.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOCK WONG whose telephone number is (571)270-1349. The examiner can normally be reached Monday - Friday, 7:30am - 5:00pm (ET).
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, Kristina Fulton can be reached at (571)272-7376. 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.
/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
Prosecution Insights