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 .
Response to Arguments
The Applicant’s arguments have been considered, however, they are not persuasive for the reasons set forth in the rejections below.
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 1-6 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.
The term “substantially” in “substantially parallel” is new matter.
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 1-6, 9 and 14 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 recites “the autonomous vehicles” in lines 5 and 7, it is unclear if “the autonomous vehicles” refers to “an autonomous charging vehicle”, “a plurality of autonomous charged vehicles”, or both.
The language “substantially” parallel is indefinite as it is a term of degree that is not used or defined in the Specification. One of ordinary skill in the art would not be able to determine what constitutes a substantially parallel arrangement.
In line 17, “the second electrical power store” lacks antecedent basis since there are a plurality of vehicles, each with a second electrical power store, and it is unclear if the language is referring to one, or all of the vehicles.
In claims 9 and 14, “and that extends position substantially parallel to the roadway” is indefinite.
In claims 9 and 14, substantially perpendicular is a relative term that is indefinite as it is not described in the Specification.
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) 1-6, 9 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. 9,527,394 B1 to Tang et al.
Tang et al. discloses, with regards to claims:
1. An autonomous vehicle control method for use with charging hardware, an autonomous charging vehicle including a first electrical power store and a plurality of autonomous charged vehicles, each of which includes a second electrical power store (fig. 8A), the method including:
while the autonomous vehicles are driving in a same direction along a roadway, controlling the charging and charged vehicles to move into a charging alignment position, wherein the autonomous vehicles are controlled to be substantially parallel to each other (fig. 8A, column 30, lines 5-16);
while the autonomous vehicles continue to drive substantially parallel to each other in the same direction along the roadway, controlling the charging hardware to form an electrically conductive wired charging connection between the first electrical power store and each of the plurality of second electrical power stores (column 30, lines 46-49), wherein forming the electrically conductive wired charging connection further comprises:
extending one or more rigid one-piece charging busses attached to the first electrical power store from a position substantially perpendicular to the roadway and parallel to a side of the first electrical power store, to a position substantially parallel to the roadway and perpendicular to a side of the first electrical power store (column 30, lines 46-49, column 31, lines 7-9, column 31, lines 52-55, “perpendicular to the roadway” defines no particular direction since any direction may be deemed to be perpendicular to the roadway, while the electrical store has 4 sides, including sides that are perpendicular to the charging busses);
extending charging hardware of the second electrical power store to form the electrically conductive wired charging connection (column 31, lines 52-55);
after the charging connection has been formed, charging each of the plurality of second electrical power store by the first electrical power store through the electrically conductive wired charging connection (column 31, lines 57-59).
2. The method of claim 1 wherein:
the first electrical power store is a large battery bank with sufficient capacity to charge batteries of many autonomous vehicles; and
the second electrical power store includes a rechargeable electric vehicle battery (fig. 8A).
3. The method of claim 1 wherein the charging hardware is located partially on the charging vehicle and partially on the charged vehicle (charging hardware of the vehicles are connected to charge).
4. The method of claim 3 wherein the charging hardware includes a plurality of terminals, with each terminal being sized, shaped and located to connect to a different vehicle for charging (figs. 1-7).
5. The method of claim 3 wherein the charging hardware includes a charging member pivotally (Fig. 7c) connected to the charging vehicle to be pivotable between: (i) a non- charging position such that the charging member is located along a portion of a body of the charging vehicle, and (ii) a charging position such that the charging member extends laterally from the charging vehicle (column 31, lines 52-55).
6. The method of claim 1 wherein the charging hardware is sized shaped and located so that the two charging and charged vehicles can drive side by side in adjacent lanes of a roadway when the charging connection has been formed and charging is occurring (fig. 8A).
9. An autonomous charging vehicle assembly including:
a charging vehicle body that defines a driving direction and a lateral direction (fig. 8A);
computer hardware and software for controlling the driving operations and charging operations of the charging vehicle assembly (column 30, lines 5-8);
a first electrical power store (fig. 8A); and
a charging hardware sub-assembly (figs. 1-7);
wherein:
the charging hardware sub-assembly is sized, shaped, structured and located to extend in the lateral direction to form a mechanical and electric charging connection with an autonomous charged vehicle when it is driving on a roadway alongside the charging vehicle (column 30, lines 46-50, column 31, lines 8-10, 52-59); and
during charging, the charging connection transfers electrical energy from the first electrical power store to a second electric power store in the charged vehicle (lines 52-59),
wherein the charging hardware includes a rigid one-piece bus substantially perpendicular to the roadway and parallel and attached to the first electrical power store when in a stored position and that extends position substantially parallel to the roadway for charging (figs. 1-7).
14. An autonomous vehicle assembly including:
a charging vehicle that includes a charging vehicle body that defines a driving direction and a lateral direction, a first electrical power store and a charging hardware sub-assembly (fig. 8A);
computer hardware and software for controlling the driving operations and charging operations of the charging vehicle and the charged vehicle (column 30, lines 5-8);
a charged vehicle that includes a charging hardware sub-assembly and a second electrical power store (fig. 8A);
wherein: the charging hardware sub-assemblies of the charging and charged vehicles is collectively sized, shaped, structured and located to form a mechanical and electric charging connection in the lateral direction between the charging and charged vehicles when they are driving side by side in adjacent lanes on a roadway (8A); and
during charging, the charging connection transfers electrical energy from the first electrical power store to a second electrical power store (column 31, lines 52-59),
wherein the charging hardware of the charging vehicle includes a rigid one-piece bus substantially perpendicular to the roadway and parallel and attached to the first electric power store when in a stored position and that extends position substantially parallel to the roadway for charging (figs. 1-7).
Claims 7-9, 12-14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miller U.S. Patent Application Publication No. 2020/0317067 A1 (Hereafter Miller, published 10/08/2020).
Regarding claim 7, Miller discloses an autonomous charging vehicle assembly (100) including:
a charging vehicle body (104) that defines a driving direction and a latera l direction ([0022], lines 3-6);
computer hardware ([0051], lines 1-8) and software ([0051],
lines 1-3) for controlling the driving operations ([0056], lines 3-10) and charging operations ([0050], lines 1-5) of the charging vehicle assembly (100);
a first electrical power store (108, battery, [0024], lines 4-6); and
a charging hardware sub-assembly (articulating arm 118, [0026], lines 7-13);
wherein:
the charging hardware sub-assembly (118) is sized, shaped, structured and located (articulating arm positioned to engage second charge interface with first charge interface [0020], lines 18-22, & Fig. 3) to extend in the lateral direction (charge interfaces may be on the sides of the charge and charging
vehicles, [0048], lines 9-12, also the claim does not define the lateral direction) to form a mechanical (charging interfaces locked together, [0039], lines 21-24) and electric charging connection (charging interfaces are coupled [0025], lines 5-7) with an autonomous (vehicle may be autonomous, [0022], lines 1-3) charged vehicle (102, electric vehicle, [0023], lines 1-2) when it is driving on a roadway ([0029],lines 6-8) alongside ([0032], lines 18-24) the charging vehicle (104); and
during charging ([0025], lines 5-12), the charging connection transfers
electrical energy ([0025], lines 8-12) from the first electrical power store (108) to a second electric power store (106, battery, [0024], lines 1-4) in the charged vehicle (102).
Regarding claim 8, Miller discloses the assembly of claim 7.
Miller further discloses wherein: the first electrical power store (108) is a large battery bank (may be energy supply including multiple batteries, [0024], lines 4-6) with sufficient capacity to charge ([0025], lines 5-12) batteries of many autonomous vehicles (after charging of vehicle is complete MCV may be routed to a new destination, i.e.
charge another vehicle, [0060], lines 6-11).
Regarding claim 9, Miller discloses the assembly of claim 7.
Miller further discloses wherein the charging hardware (118) includes a bus
(charge interface 112) mounted on a pivoting member (first arm portion 300, [0038], lines 6-9) that can pivot between an extended position for charging (deployed position Fig. 4, [0038], lines 2-3) and a retracted position that does not substantially extend outwards (retracted position Fig. 3 [0038], lines 1-2) from the charging vehicle (104) in the lateral direction (charge interfaces may be on the sides of the charge and charging
vehicles, [0048], lines 9-12).
Regarding claim 12, Miller discloses the assembly of claim 7.
Miller further discloses wherein the computer hardware ([0051], lines 1-8) and software ([0051], lines 1-3) for controlling the driving operations ([0056], lines 3-10) and charging operations ([0050], lines 1-5) of the charging vehicle assembly (100) is located, at least in part (Fig. 1, charged vehicle 102 comprises charge monitoring system 120, autonomous driving system 132, communication system 134), at a location (charged vehicle, 102) that is remote (charged vehicle 102 is separate from charging vehicle 104) from the charging vehicle body (104).
Regarding claim 13, Miller discloses an autonomous vehicle assembly (Fig. 1, 100) including:
a charging vehicle (104, mobile charge vehicle, [0023], lines 2-3) that includes a charging vehicle body (104) that defines a driving direction and a lateral direction ([0022], lines 3-6), a first electrical power store (108, battery, [0024], lines 4-6) and a charging hardware sub-assembly (articulating arm 118, [0026], lines 7-13);
computer hardware ([0051], lines 1-8) and software ([0051], lines 1-3) for controlling the driving operations ([0056], lines 3-10) and charging operations ([0050], lines 1-5) of the charging vehicle (104) and the charged vehicle (102, electric vehicle, [0023], lines 1-2);
a charged vehicle (102) that includes a charging hardware sub-assembly (female socket connector 200 & recess 202) and a second electrical power store (106, battery, [0024], lines 1-4);
wherein:
the charging hardware sub-assemblies (118, 200, & 202) of the charging (104) and charged vehicles (102) is collectively sized, shaped, structured and located (articulating arm positioned to engage second charge interface with first charge interface [0020], lines 18-22, & Fig. 3) to form a mechanical (charging interfaces may be locked together, [0039], lines 21-24) and electric charging connection (charging interfaces are coupled [0025], lines 5-7) in the lateral direction (charge interfaces may
be on the sides of the charge and charging vehicles, [0048], lines 9-12) between the charging (104) and charged vehicles (102) when they are driving side by side in adjacent lanes ([0032], lines 18-24) on a roadway ([0029],lines 6-8); and
during charging ([0025], lines 5-12), the charging connection transfers electrical energy ([0025], lines 8-12) from the first electrical power store (108) to a second electrical power store (106).
Regarding claim 14, Miller discloses the assembly of claim 13.
Miller further discloses wherein the charging hardware (118, 200, & 202) of the charging vehicle (104) includes a bus (charge interface 112) mounted on a pivoting member (first arm portion 300, [0038], lines 6-9) that can pivot between an extended position (deployed position Fig. 4, [0038], lines 2-3) for charging and a retracted position that does not substantially extend outwards (retracted position Fig. 3 [0038], lines 1-2) from the charging vehicle (104) in the lateral direction (charge interfaces may be on the sides of the charge and charging vehicles, [0048], lines 9-12).
Regarding claim 16, Miller discloses the assembly of claim 13.
Miller further discloses wherein the computer hardware ([0051], lines 1-8) and software ([0051], lines 1-3) for controlling the driving operations ([0056], lines 3-10) and charging operations ([0050], lines 1-5) of the charging (104) and charged vehicles (102) is located, at least in part (Fig. 1, charged vehicle 102 comprises charge monitoring system 120, autonomous driving system 132, communication system 134), at a location
(charged vehicle, 102) that is remote (charged vehicle 102 is separate from charging vehicle 104) from the charging vehicle body (104).
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.
Claims 10, 11, & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Miller U.S. Patent Application Publication No. 2020/0317067 A1 (Hereafter Miller, published 10/08/2020 in view of Wang et al. U.S. Patent Application Publication No. 2021/0284043 A1 (Hereafter Wang, published 09/16/2021).
Regarding claim 10, Miller discloses the assembly of claim 7.
Miller further discloses wherein the charging hardware (118) can move between an extended position for charging (deployed position Fig. 4, [0038], lines 2-3) and a retracted position that does not substantially extend outwards (retracted position Fig. 3 [0038], lines 1-2) from the charging vehicle (104) in the lateral direction (charge interfaces may be on the sides of the charge and charging vehicles, [0048], lines 9-12).
Miller fails to teach wherein the charging hardware includes a telescoping member that can move in a telescopic manner.
Wang discloses an assembly for charging an electric vehicle while driving on the road ([0279], lines 1-4) wherein the charging hardware (Fig. 47, charging cable arms, 2002c, 2004c) includes a telescoping member ([0280], lines 1-3) that can move in a telescopic manner (Fig. 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the telescoping charging member of Wang in the charging assembly of Miller because having telescopic charging hardware that can retract more completely makes it less likely to be damaged when not in the deployed position.
Regarding claim 11, Miller discloses the assembly of claim 7.
Miller does not disclose wherein the charging hardware includes a plurality of terminals, with each terminal being sized, shaped and located to connect to a different vehicle for charging.
Wang (Fig. 6) discloses a homogonous vehicle network (12), wherein the charging hardware (charge transfer element [0168], lines 15-23) includes a plurality of terminals (Fig. 6 illustrates connection between charge entity 110a and multiple vehicles, [0139], lines 11-16), with each terminal being sized, shaped and located (charge transfer elements are selected based on characteristics of the power plant of the electric vehicles, [0169], lines 9-18) to connect to a different vehicle (104a,104b,104c, 106a, 106b, 108a, 108b, 108c) for charging ([0139], lines 8-11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Miller to incorporate the teachings of Wang so that multiple vehicles can be recharged at once because doing so allows for a single charging vehicle to charge multiple vehicles reducing the number of charging vehicles needed on the road thereby reducing congestion on the roads.
Regarding claim 15, Miller discloses the assembly of claim 13.
Miller further discloses wherein the charging hardware (118) can move between an extended position for charging (deployed position Fig. 4, [0038], lines 2-3) and a retracted position that does not substantially extend outwards (retracted position Fig. 3 [0038], lines 1-2) from the charging vehicle (104) in the lateral direction (charge interfaces may be on the sides of the charge and charging vehicles, [0048], lines 9-12).
Miller fails to teach wherein the charging hardware includes a telescoping member that can move in a telescopic manner.
Wang discloses an assembly for charging an electric vehicle while driving on the road ([0279], lines 1-4) wherein the charging hardware (Fig. 47, charging cable arms, 2002c, 2004c) includes a telescoping member ([0280], lines 1-3) that can move in a telescopic manner (Fig. 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the telescoping charging member of Wang in the charging assembly of Miller because having telescopic charging hardware that can retract more completely makes it less likely to be damaged when not in the deployed position.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Julian D Huffman whose telephone number is (571)272-2147. The examiner can normally be reached Monday through Friday 9am-6pm.
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, Group Director Andrea Wellington can be reached at (571)272-4483. 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.
JULIAN D. HUFFMAN
Supervisory Patent Examiner
Art Unit 2859
/JULIAN D HUFFMAN/ Supervisory Patent Examiner, Art Unit 2859
Prosecution Insights