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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/12/2025 has been entered.
Response to Arguments
Applicant’s arguments, see pages 8-10, with respect to the rejection(s) of claim(s) 1 and 23 under 35 U.S.C. 103 have been fully considered and are at least partially persuasive. Applicant argues that Hayes and Mellings do not disclose all recitations of claim 1, 15 and 19. Claim 1 has been amended to recite “based on the weather fitness and the equipment onboard, determine an ability of the first vehicle to avoid an equipment failure of the equipment onboard the first vehicle,” claim 15 has been amended to recite at least determining the age or health of the equipment and claim 19 has been amended to recite only notifying an operator or instructing the operator to install auxiliary equipment in response to a control signal, limitations of which are not taught by either reference. Therefore, the rejections, and those depending therefrom, have been withdrawn. However, upon further consideration, new grounds of rejection are made in view of the current amendments to the claims.
Claim Objections
Claim 11 is objected to because of the following informalities:
“and the equipment characteristics comprise characteristics of the one or more of a motor, wheels, an air compressor, a radiator fan, brakes, at least one battery, a plow, an active traction enhancing device, an engine, an inverter assembly, or a fuel cell” should read “and the equipment characteristics comprise characteristics of the one or more of a motor, wheels, air compressor, radiator fan, brakes, at least one battery, plow, active traction enhancing device, engine, inverter assembly, or fuel cell”
Claim 13 is objected to because of the following informalities:
“responsive to determining different, second predicted weather event” should read “responsive to determining a different, second predicted weather event”
Claim 15 is objected to because of the following informalities:
“storing vehicle weather fitness data indicative of a weather fitness indicia” should read “storing vehicle weather fitness data indicative of weather fitness indicia”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7, 9-11, 13, 21 and 23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 has been amended to recite “determine a weather fitness of a first vehicle” and “based on the weather fitness and the equipment onboard, determine an ability of the first vehicle to avoid an equipment failure of the equipment onboard the first vehicle.” However, paragraph 0022 of the specification states the “weather fitness indicates a predicted ability of the vehicle to avoid an equipment failure and/or delay when performing a mission that exposed the vehicle to the weather event.” The specification includes disclosure of additional considerations on capability of the vehicle in paragraphs 0046-0047, however the specification defines capability as “the ability of the vehicle to satisfy trip parameters of the trip…[which] may include hauling a specific amount and/or weight of cargo, traveling at least a given average speed during the trip, achieving at least a threshold fuel efficiency, and/or arriving at the destination location by a designated arrival time.” As originally filed, the disclosure does not support determining an ability of the first vehicle to avoid equipment failure that is separate from the determination of the weather fitness because the ability is indicated by the weather fitness.
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 15-20 and 24 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.
Regarding claims 15-18 and 24, claim 15 recites the limitation "each vehicle" in lines 4 and 6. There is insufficient antecedent basis for this limitation in the claim. Claim 15 also recites the limitation “the equipment” in line 15. The claim recites “equipment onboard each vehicle” in line 6 and “equipment disposed onboard the first vehicle” in lines 14-15. It is unclear from the claim language if “equipment characteristics of equipment disposed onboard the first vehicle” is limited to the stored equipment characteristics. For the purposes of examination, the first instance of “each vehicle” is being interpreted as “a first vehicle and a second vehicle,” “a first vehicle” and “a…second vehicle” are being interpreted as “the first vehicle” and “the second vehicle,” respectively. “Equipment characteristics of equipment disposed onboard the first vehicle” is being interpreted as “the stored equipment characteristics of the equipment disposed onboard the first vehicle.”
Regarding claims 19-20, claim 19 recites “the controller configured to…determine a weather fitness of a vehicle for traveling on the route…and equipment characteristics of equipment disposed onboard a vehicle.” The claim recites “the vehicle” in line 10. There is insufficient antecedent basis for this limitation in the claim because it is unclear if the vehicle assigned is the vehicle traveling on the route or the vehicle containing the equipment. For the purposes of examination claim 19 is being interpreted such that it instead recites “the controller configured to…determine a weather fitness of a vehicle for traveling on the route…and equipment characteristics of equipment disposed onboard the vehicle.”
Regarding claim 24, it is unclear from the limitation “arranging the first vehicle and the second vehicle in an order” if the order refers to a physical arrangement of two vehicles being assigned to the same trip or an order of preference for the assignment. Claim 24 ultimately depends on claim 15, which specifies only one of the first vehicle or the second vehicle is assigned. However, the specification describes both assigning multiple vehicles according to a fleet schedule and a physical arrangement of two vehicles on the same trip. For the purposes of examination, claim 24 is being interpreted consistent with claim 15 such that the order refers to the fleet schedule.
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.
Claim(s) 1-7, 9-11, 15-18 and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson (US Patent Application Publication 2006/0217993).
Regarding claim 1, Anderson discloses a controller, comprising one or more processors (14) configured to:
obtain or receive a predicted weather event along a route during a current or upcoming trip based on weather data [0013, 0026];
determine a weather fitness of a first vehicle (34) for traveling on the route during the trip based on the predicted weather event and equipment characteristics of equipment disposed onboard the first vehicle, wherein the equipment is a physical component used in movement of the first vehicle, wherein the weather fitness of a vehicle is based at least in part on a performance relationship between the predicted weather event and a type of equipment impacted by the predicted weather event [0009-0011, 0015: inventory management system 13 retrieves data on age, status, condition etc. (equipment characteristics) of physical vehicle components onboard the first vehicle 34 and Nth vehicle 35 and provides the data to the processor 14, as shown in Figure 1; 0016, 0018: the processor determines a level of reliability of the first and Nth vehicles (weather fitness) for executing an upcoming mission; 0020: the physical component includes vehicle components potentially affected by the predicted weather event such as batteries, fans, and filters];
based on the weather fitness and the equipment onboard, determine an ability of the first vehicle to avoid an equipment failure of the equipment onboard the first vehicle [0019: the processor determines if the reliability of the vehicles match a certain percentage degree of reliability for successful completion of the mission without failure of vehicle components due to weather related stress]; and
assign one of the first vehicle or a different, second vehicle to complete the trip based at least in part on the weather fitness of the first vehicle and the ability to avoid the equipment failure [0019, 0040, where either the first vehicle or the second vehicle is assigned; 0028, 0031, where the assignment process considers the ability to avoid the equipment failure].
Regarding claim 2, Anderson further discloses the weather fitness indicating a predicted ability of the first vehicle to avoid at least one of an equipment failure or a delay when performing the trip [0017-0018, 0041, 0044].
Regarding claim 3, Anderson further discloses wherein the equipment characteristics include a type of the equipment and a condition of the equipment [0009-0011, 0015].
Regarding claim 4, Anderson further discloses wherein the controller is configured to update the weather fitness of the first vehicle based on a maintenance event performed on at least one piece of the equipment to improve the condition of the equipment [0019, 0021].
Regarding claim 5, Anderson further discloses wherein the controller is further configured to determine a weather fitness of the second vehicle for traveling on the route during the trip based on the predicted weather event and equipment characteristics of equipment disposed onboard the second vehicle, and the controller is configured to assign one of the first vehicle or the second vehicle to complete the trip based at least in part on a comparison of the weather fitness of the first vehicle to the weather fitness of the second vehicle [0028, 0033].
Regarding claim 6, Anderson further discloses wherein the controller is configured to assign one of the first vehicle or the second vehicle to complete the trip based on one or more of an availability of the first vehicle during a scheduled time period of the trip, a capability of the first vehicle to satisfy trip parameters of the trip, or a priority value of the trip relative to at least a second trip [0030].
Regarding claim 7, Anderson further discloses wherein the route is a first route and the trip is a first trip, the controller further configured to:
obtain or receive a second predicted weather event along a second route during a second trip based on weather data associated with the second route [0013, 0026: the controller obtains a plurality of potential or actual missions and weather forecasts associated with the missions];
determine the weather fitness of the first vehicle for traveling on the second route during the second trip based on the second predicted weather event and the equipment characteristics of the equipment disposed onboard the first vehicle [0019]; and
assign the first vehicle to complete one of the first trip or the second trip and assign the second vehicle to complete the other of the first trip or the second trip based at least in part on the weather fitness of the first vehicle for traveling on the first route during the first trip and the weather fitness of the first vehicle for traveling on the second route during the second trip and based at least in part on the weather fitness of the second vehicle for traveling on the first route during the first trip and the weather fitness of the second vehicle for traveling on the second route during the second trip [0028-0029, 0033].
Regarding claim 9, Anderson further discloses wherein the controller is configured to be operably connected to a data storage device (22) that stores vehicle weather fitness data, the vehicle weather fitness data indicating a plurality of fitness indicia for the first vehicle associated with different corresponding types of weather events, the controller configured to determine the weather fitness of the first vehicle based at least on one of the fitness indicia for the first vehicle that is associated with the predicted weather event [0016-0018: the data storage device 22 stores in its mission database 28 historical reliability data for the vehicles that previously carried out various missions, the historical reliability data indicates the vehicle was previously associated with a plurality of stress indicators associated with different types of weather events and a cumulative stress severity indicator may be derived from the plurality of stress indicators to determine if a corresponding vehicle matches a desired level of reliability].
Regarding claim 10, Anderson further discloses wherein the controller is configured to obtain or receive the predicted weather event as one or more of: hot temperature, cold temperature, snow, rain, ice, flooding, debris accumulation, dusty, high humidity, low humidity, or high wind [0013, 0017].
Regarding claim 11, Anderson further discloses wherein the equipment includes one or more of a motor, wheels, an air compressor, a radiator fan, brakes, at least one battery, a plow, an active traction enhancing device, an engine, an inverter assembly, or a fuel cell and the equipment characteristics comprise characteristics of the one or more of a motor, wheels, air compressor, radiator fan, brakes, at least one battery, plow, active traction enhancing device, engine, inverter assembly, or fuel cell [0020].
Regarding claim 15, Anderson discloses a method, comprising:
obtaining or receiving a predicted weather event along a route during a current or upcoming trip based on weather data [0013, 0026];
storing vehicle weather fitness data indicative of weather fitness indicia of each vehicle corresponding to different weather events 0016-0018: the data storage device 22 stores in its mission database 28 historical reliability data for the vehicles that previously carried out various missions, the historical reliability data indicates the vehicle was previously associated with a plurality of stress indicators associated with different types of weather events and a cumulative stress severity indicator may be derived from the plurality of stress indicators to determine if a corresponding vehicle matches a desired level of reliability];
storing equipment characteristics of equipment onboard each vehicle, wherein the equipment characteristics include a type of equipment and the corresponding age or health of the equipment [0009-0011];
determining whether the age or health of the equipment is impacted by the predicted weather event [0017-0018];
based on the impact, update the weather fitness indicia for the predicted weather event [0017-0018];
determining, via one or more processors (14), a weather fitness of a first vehicle (34) for traveling on the route during the trip based on the predicted weather event, weather indicia corresponding to the predicted weather event, and equipment characteristics of equipment disposed onboard the first vehicle, wherein the equipment is a physical component used in movement of the first vehicle [0009-0011, 0015: inventory management system 13 retrieves data on age, status, condition etc. (equipment characteristics) of physical vehicle components onboard the first vehicle 34 and Nth vehicle 35 and provides the data to the processor 14, as shown in Figure 1; 0016-0018: the processor determines a level of reliability of the first and Nth vehicles (weather fitness) for executing an upcoming mission based on a cumulative stress severity indicator of the physical components that takes into account indicia corresponding to the predicted weather event; 0020: the physical component includes vehicle components potentially affected by the predicted weather event such as batteries, fans, and filters];
assigning one of the first vehicle or a different, second vehicle to complete the trip based at least in part on the weather fitness of the first vehicle [0019, 0040, where either the first vehicle or the second vehicle is assigned].
Regarding claim 16, Anderson further discloses the method further comprising determining a weather fitness of the second vehicle for traveling on the route during the trip based on the predicted weather event and equipment characteristics of equipment disposed onboard the second vehicle, and wherein assigning of the first vehicle or the second vehicle to complete the trip based at least in part on a comparison of the weather fitness of the first vehicle to the weather fitness of the second vehicle [0028, 0033].
Regarding claim 17, Anderson further discloses wherein the assigning of the first vehicle or the second vehicle to complete the trip comprises generating a fleet schedule that matches multiple vehicles to multiple different trips and communicating the fleet schedule to the vehicles that are matched to the trips [0025, 0034, as shown in Figure 2].
Regarding claim 18, Anderson further discloses wherein the equipment characteristics of the equipment include a type of the equipment and a condition of the equipment, and the method further comprises updating the weather fitness of the first vehicle based on a maintenance event performed on at least one piece of the equipment to improve the condition of the equipment [0019, 0021].
Regarding claim 23, Anderson further discloses wherein the relationship indicates a type of equipment is negatively impacted by the weather, wherein the negative impact indicates the predicted weather event may disrupt operation of the equipment, reduce performance capability of the equipment, degrade or damage the equipment, or present an elevated risk of damage to the equipment [0009-0011, 0013, 0020].
Regarding claim 24, Anderson further discloses assigning the second vehicle to the trip [0019, 0040]; and
arranging the first vehicle and the second vehicle in an order based on a performance relationship between the equipment onboard the second vehicle and the predicted weather [0018-0019, 0030].
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) 13 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US Patent Application Publication 2006/0217993) in view of Hayes (US Patent Application Publication 2020/0249697).
Regarding claim 13, Anderson discloses the controller of claim 1 as discussed above but does not disclose wherein, after assigning the first vehicle to complete the trip, responsive to determining different, second predicted weather event along the route during the trip, the controller is configured to generate a control signal to one or more of modify movement parameters of the first vehicle, change the route of the trip, modify operation of at least one piece of equipment onboard the first vehicle, notify an operator of the first vehicle about the second predicted weather event, or instruct the operator to install auxiliary equipment on the first vehicle.
Hayes discloses a controller comprising one or more processors [0124] configured to obtain or receive a predicted weather event along a route during a current trip [0029, 0036], after assigning a first vehicle to complete the trip, responsive to determining a different, second predicted weather event along the route during the trip, the controller is configured to generate a control signal to one or more of modify movement parameters of the first vehicle, change the route of the trip, modify operation of at least one piece of equipment onboard the first vehicle, notify an operator of the first vehicle about the second predicted weather event, or instruct the operator to install auxiliary equipment on the first vehicle [0051-0052, 0059, 0061, 0068].
Hayes suggests that determining a second predicted weather event in a later segment along a planned route of the vehicle, such as snowy conditions, may increase a risk to the vehicle traveling through that segment [0036]. By responding to the risk, the fleet management system can reduce costs related to potential accidents, delays, driver downtime, vehicle wear and tear and the like [0119-0120]. Hayes teaches that the costs may be reduced by modifying the movement parameters of the vehicle, changing the route of the trip and notifying the operator of the vehicle [0051-0052, 0059, 0061, 0068].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to generate the control signal disclosed by Hayes in response to determining a different, second predicted weather event along the route during the trip using the controller disclosed by Anderson in order to avoid increased vehicle operating costs due to potential accidents, delays, driver downtime and vehicle wear and tear that would result from normal vehicle operation through the second predicted weather event.
Regarding claim 19, Anderson discloses a system, comprising:
a controller including one or more processors (14), the controller configured to:
obtain or receive a predicted weather event along a route during a current or upcoming trip based on weather data and trip parameters [0013, 0026];
determine a weather fitness of a vehicle (34) for traveling on the route during the trip based on the predicted weather event and equipment characteristics of equipment disposed onboard a vehicle, the weather fitness indicating a predicted ability of the vehicle to avoid at least one of an equipment failure or a delay when performing the trip, wherein the equipment is a physical component used in movement of the first vehicle [0009-0011, 0015: inventory management system 13 retrieves data on age, status, condition etc. (equipment characteristics) of physical vehicle components onboard the first vehicle 34 and Nth vehicle 35 and provides the data to the processor 14, as shown in Figure 1; 0016- 0018: the processor determines a level of reliability of the first and Nth vehicles (weather fitness) for executing an upcoming mission; 0019: the processor determines if the reliability of the vehicles match a certain percentage degree of reliability for successful completion of the mission without failure of vehicle components due to weather related stress; 0020: the physical component includes vehicle components potentially affected by the predicted weather event such as batteries, fans, and filters];
assign the vehicle to complete the trip based at least in part on the weather fitness of the vehicle [0019, 0040];
wherein, during the trip, responsive to determining a different, second predicted weather event that the vehicle is expected to experience during the trip, the controller is configured to determine whether the second predicted weather event impacts performance of the vehicle or presents a risk of equipment failure for the equipment onboard the vehicle [0019, 0026].
Anderson does not disclose based on the weather impacting performance of the vehicle or presenting a risk of equipment failure the controller is configured to generate a control signal to one or more of modify operation of at least one piece of equipment onboard the vehicle impacted by the second predicted weather event, notify an operator of the first vehicle about the second predicted weather event, or instruct the operator to install auxiliary equipment on the first vehicle.
Hayes discloses a controller comprising one or more processors [0124] configured to obtain or receive a predicted weather event along a route during a current trip [0029, 0036], after assigning a first vehicle to complete the trip, responsive to determining a different, second predicted weather event along the route during the trip, the controller is configured to generate a control signal to one or more of modify operation of at least one piece of equipment onboard the first vehicle impacted by the second predicted weather event, notify an operator of the first vehicle about the second predicted weather event, or instruct the operator to install auxiliary equipment on the first vehicle [0051-0052, 0059, 0061, 0068].
Hayes suggests that determining a second predicted weather event in a later segment along a planned route of the vehicle, such as snowy conditions, may increase a risk to the vehicle traveling through that segment [0036]. By responding to the risk, the fleet management system can reduce costs related to potential accidents, delays, driver downtime, vehicle wear and tear and the like [0119-0120]. Hayes teaches that the costs may be reduced by modifying the movement parameters of the vehicle, changing the route of the trip and notifying the operator of the vehicle [0051-0052, 0059, 0061, 0068].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to generate the control signal disclosed by Hayes in response to determining a different, second predicted weather event along the route during the trip using the controller disclosed by Anderson in order to avoid increased vehicle operating costs due to potential accidents, delays, driver downtime and vehicle wear and tear that would result from normal vehicle operation through the second predicted weather event.
Regarding claim 20, Anderson further discloses the system further comprising a data storage device (22) operably connected to the controller and configured to store vehicle weather fitness data, the vehicle weather fitness data indicating a plurality of fitness indicia for the first vehicle associated with different corresponding types of weather events, the controller configured to determine the weather fitness of the first vehicle based at least on one of the fitness indicia for the vehicle that is associated with the predicted weather event [0016-0018, as shown in Figure 1: the data storage device 22 stores in its mission database 28 historical reliability data for the vehicles that previously carried out various missions, the historical reliability data indicates the vehicle was previously associated with a plurality of stress indicators associated with different types of weather events and a cumulative stress severity indicator may be derived from the plurality of stress indicators to determine if a corresponding vehicle matches a desired level of reliability].
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US Patent Application Publication 2006/0217993) in view of Mellings (US Patent Application Publication 2021/0162965).
Regarding claim 21, Anderson discloses the controller of claim 1 as discussed above but does not disclose wherein the equipment is one of a component of a propulsion system or a component of a braking system.
Mellings discloses a controller configured to determine equipment characteristics of equipment disposed onboard a vehicle, wherein the equipment is a physical component used in movement of the vehicle, and wherein the equipment is one of a component of a propulsion system or a component of a braking system [0083].
Mellings teaches that the determination can be used to maintain the stability of the vehicle by intervening in the control of the physical component of the vehicle [0001, 0083].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the processing disclosed by Mellings with the controller disclosed by Anderson in order to determine equipment characteristics on the first vehicle in order to prevent vehicle rollover.
Conclusion
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Lindsay M. Low can be reached on (571) 272-1196. The fax phone number for the organization where
this application or proceeding is assigned is 571-273-8300.
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/JOSHUA CAMPBELL/
Examiner, Art Unit 3747
/LOGAN M KRAFT/Supervisory Patent Examiner, Art Unit 3747