DETAILED ACTION
Notice to Applicant
Applicant’s election without traverse of Species 1, shown in Figs. 5-7 in the reply filed on 2026/01/23 is acknowledged.
Claims 1-20 are pending. Claims 11-19 are withdrawn as pertaining to unelected species. Claims 1-10 and 20 are examined herein. This is the first action on the merits.
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.
Claims 4-10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 4 and 5 are directed towards “a sleeve, wherein the locking member is disposed in the sleeve.” Applicant has elected the species shown in Figs. 5-7, in which component 11 is designated as the “locking member” (see e.g. ¶ 0169 of instant PGPUB US 2025/0293379). While paragraph 0174 says “the locking member 11 is disposed in the sleeve 121,” the instant figures seem to show locking member 11 clearly outside the sleeve 121—not disposed in the sleeve as claimed.
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Furthermore, the claim requires that the sleeve “fac[es] the engaging portion [of the locking member].” Is the locking member disposed inside the sleeve or outside and facing the sleeve? Given that the specification uses the same, apparently contradictory language as the claims, it is unclear what the metes and bounds of the claims are. Is “disposed in” in a typo? What would be the correction? Is the reference to a “locking member” a reference to some other component, such as the elements 13 seen in Fig. 6? If so, it is unclear what components are properly designated by “locking member” as claimed. The claims have bene interpreted broadly to require a sleeve of some kind facing the engaging portion of the locking member.
Claims 4 and 5 also require “an adjustment member rotatably inserted into the sleeve around an axis.” Given that the adjust member is designated in the specification and figures as threaded bolt 1221, it is unclear how to interpret the prepositional phrase, “around an axis.” Is it “around” some 1-dimensional axis that can be drawn running through the center of the bolt? If so, what does the prepositional phrase add to the claim in contrast to a claim where the phrase were absent? Or does it require some other relationship between “an adjustment member” and “an axis” such as “wrapping” or the like? The claim has been interpreted broadly in line with the figures and disclosure to require a three-dimensional member that runs along an axis.
Claims 6-10 are rejected for depending on claim 5.
Claim Rejections - 35 USC § 102
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Speer (US Patent No. 5,226,768 to Speer).
Regarding Claim 1, Speer teaches:
a locking mechanism for engaging with or disengaging from a lock seat 100 along a first, axial direction comprising a locking member with adjustable dimension along a second direction via anchor wings 12 which swing perpendicularly to the axial direction to enable the locking member to have a locked state and an unlocked state (Figs. 1-2, column 2)
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the locking member is configured to engage with the locking seat in the locked state along the first direction and disengage from the lock seat in the unlocked state along the first direction (Fig. 2)
an adjustment assembly 13 connected to the locking member 50 capable of adjusting a dimension of a portion of the locking member for cooperating with the lock seat in the second direction to enable the locking member to switch between the locked state and the unlocked state (bottom of column 2 to top of column 3)
Regarding Claim 2, Speer teaches:
wherein along the second direction, the dimension 12 of the locking member configured to cooperate with the lock seat in the locked seat is greater than in the unlocked state (Figs. 1-2)
Regarding Claim 3, Speer teaches:
wherein the locking member comprises an engaging portion 12 configured to engage with the lock seat 100 and extendable in the second direction (Figs. 1-2)
extending in the second direction in locked state and retracting in the unlocked state (Figs. 1-2)
Regarding Claim 4, Speer teaches:
a sleeve with an engaging portion 21 in the first direction that abuts against the opposite side of the lock seat in the locked state (Figs. 1-2)
and adjustment member 13 rotatably inserted into the sleeve along the axial first direction, capable of rotating relative to the sleeve to enable the locking member 50 to switch between the locked state and the unlocked state (Figs. 1-2)
a minimum distance between the engaging portion 12 and the engaging surface 21 is fixed (Figs. 1-2)
Regarding Claim 5, Speer teaches:
a sleeve with an adjustment member 13 rotatably inserted into the sleeve along the axial first direction, capable of rotating relative to the sleeve to enable the locking member 50 to switch between the locked state and the unlocked state by cooperating with the lock seat (Figs. 1-2)
Regarding Claim 6, Speer teaches:
the locking member comprising an engaging portion 12 configured to engage with the lock seat, wherein the engaging portion is arranged with a sleeve along the first direction, the sleeve has an engaging surface 21 facing the engaging portion in the first, axial direction, and both are configured to the abut the lock seat from opposite sides in the first direction in the locked state (Fig. 2)
Regarding Claim 7, Speer teaches:
the locking member comprising anchor wings 12 with fixed portions near the bottom and affixed to the sleeve, a movable portion at far ends connected to the adjustment member via a middle portion of the anchor wings 12 that can be described as a first engaging portion and configured to engage with the lock seat (Figs. 1-2); or a movable portion 50 that slides to lock the anchor wings in place via the adjustment member’s rotation
the adjustment member 13 configured to be able to drive when rotating relative to the sleeve, the movable portion to approach or leave the fixed portion along the first direction and causing the first engaging portion to expand or retract in the second direction to adjust the dimension in said second direction (Figs. 1-2)
The Office notes that “connected to” is interpreted in line with the broadest reasonable interpretation of the phrase in the arts, to mean affixed to, even if that includes intervening parts. If applicant intends a more immediate connection the claim needs to specify that relationship more exactly.
Regarding Claim 8, Speer teaches:
two anchor wings 12 with first and second engaging sections, or leg elements 31/32 connected by a fixed joint, with ends of the legs far from each other, and an end of the first engaging section 32 is hinged to the movable portion 50 and an end of the second engaging section is hinged to the fixed joint (see Fig. 3)
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Regarding Claim 9, Speer teaches:
the locking member comprises two first engaging portions 12 disposed on two sides of the movable portion 50 along the second direction (Figs. 2-3)
Regarding Claim 10, Speer teaches:
wherein the adjustment member comprises a connecting section extending out of the sleeve along the first direction and the movable portion 50 fits around the connecting section via threads (Fig. 2, column 2)
Claims 1 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (CN 203110906 to Chen et al., the Office cites to provided machine English translation).
Regarding Claim 1, Chen teaches:
a locking mechanism for a battery box of a vehicle with a locking turntable (p. 1, Fig. 1)
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a locking member 9 for engaging a lock seat along a first, axial direction, with adjustable dimension along a second, perpendicular direction (e.g. xy-direction perpendicular to vertical axis in Fig. 2) to enable the locking member to have a locked and unlocked state as the arms 3 rotate with the central rotating plate 1 (p. 2)
the locking tongue 9 engaging with the lock seat in the locked state and disengaging with lock seat in unlocked state, wherein the force of engagement of the locking tongue is exerted or unexerted in the axial first direction on the battery box to retain it
an adjustment assembly connected to the locking member capable of adjust dimensions in the xy-plane for cooperating with the lock seat, and to enable the locking member to switch states (Figs. 1-2, p. 2)
Regarding Claim 20, Chen teaches:
a battery box in a vehicle and the locking mechanism of claim 1 mounted on the battery (p. 1)
Claims 1-10 are alternatively rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cowles (US Patent No. 9,407,074 to Cowles).
Regarding Claim 1, Cowles teaches:
a locking mechanism for engaging with or disengaging form a lock seat along a first axial direction wherein the locking mechanism comprises a locking member 12 with adjustable dimension along a second perpendicular direction to enable switching between a locked state and an unlocked state (Figs. 2 and 7, column 6)
the locking member configured to engage with the lock seat in the locked state and disengage in the unlocked state along the first axial direction (Figs. 2 and 7-10)
an adjustment assembly connected to the locked member capable of adjusting a dimension of a portion of the locking member for cooperating with the lock seat in the second direction to switch between locked and unlocked states via rotation of threaded screw 13 (Figs. 2, 7, and column 6)
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Regarding Claim 2, Cowles teaches:
wherein along the second direction the dimension of the portion of the locking configured to cooperate with the lock seat is greater than in the unlocked state (Figs. 7, etc.)
Regarding Claim 3, Cowles teaches:
the engaging portion of the locking member extending and retracting in the second direction (Figs. 2-10)
Regarding Claim 4, Cowles teaches:
the adjustment assembly comprising a sleeve 113 with an engaging surface 111 for engaging the lock seat, and an adjustment member 13 rotatably inserted along the axis of the sleeve, and configured to rotatably adjust the locking member to move up/in and down/out to move from locked to unlocked states (Figs. 7-10, column 6)
wherein a minimum distance between the engaging portion at a fixed end of the locking member and the engaging surface of the sleeve in the first direction remains unchanged from locked to unlocked (Fig. 7, etc.)
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Regarding Claim 5, Cowles teaches:
the adjustment assembly comprising a sleeve 113 with an engaging surface for engaging the lock seat, and an adjustment member 13 rotatably inserted along the axis of the sleeve, and configured to rotatably adjust the locking member to move up/in and down/out to move from locked to unlocked states (Figs. 7-10, column 6)
Regarding Claim 6, Cowles teaches:
the locking member having an engaging portion 123 configured to engage with the lock seat (Figs.)
the adjustment assembly comprising a sleeve 113 with an engaging surface for engaging the opposite side of the lock seat (Fig. 8, etc.)
Regarding Claim 7, Cowles teaches:
the locking member having a fixed portion at the bottom fixed to the sleeve, a movable portion at the top connected to the adjustment member 13 and the engaging portion connected the movable portion and the fixed portion, the adjustment member 13 configured the movable portion towards the fixed portion along the first direction and thereby cause the engaging portion to expand or retract to lock or unlock (Figs. 5-8)
Regarding Claim 8, Cowles teaches:
first and second engaging sections 122/123 of the first engaging portions hinged to each other, with far ends attached to either the fixed portion or the movable portion (Fig. 8, etc.)
Regarding Claim 9, Cowles teaches:
two first engaging portions, identifiable as e.g. edges of the locking member, disposed on two sides of the movable portion (Figs.)
Regarding Claim 10, Cowles teaches:
the adjustment member 13 has a connecting section extending out of the sleeve along the first direction and the movable portion of the locking member threadedly fitting around the connecting section (Figs., column 6)
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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Speer (US Patent No. 5,226,768 to Speer) or Cowles (US Patent No. 9,407,704).
Regarding Claim 20, Speer does not teach:
a battery assembly with a battery and the locking mechanism as described above with respect to claim 1
Speer and Cowles teach mounting strucutres for fastening something to a wall. It would have been obvious to fasten anything known to be fastened to supports to a wall, including a battery assembly, absent evidence of unexpected results. Use of a known technique to improve similar devices, methods, or products in the same way, and applying a known technique to a known device, method, or product ready for improvement to yield predictable results has been found to be obvious. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). In the instant case, a generic “battery assembly” was known to be fastenable to support structures in the art and it would have been obvious to use mounting structures like those in Speer or Cowles to fasten a battery assembly among other generic rack-like objects.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US Patent No. 8,439,613
US 2012/0076569
US 2019/0234124
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Dignan, whose telephone number is (571) 272-6425. The examiner can normally be reached from Monday to Friday between 10 AM and 6:30 PM. If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Tiffany Legette, can be reached at (571)270-7078. Another resource that is available to applicants is the Patent Application Information Retrieval (PAIR). Information regarding the status of an application can be obtained from the (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAX. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, please feel free to contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Applicants are invited to contact the Office to schedule an in-person interview to discuss and resolve the issues set forth in this Office Action. Although an interview is not required, the Office believes that an interview can be of use to resolve any issues related to a patent application in an efficient and prompt manner.
/MICHAEL L DIGNAN/Examiner, Art Unit 1723