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 IDSes filed 1/5/23, 6/25/25 and 11/12/25 have all been considered and placed of record. The initialed copies are attached herewith.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 4-11 and 13-17 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.
Re claims 4-10, 13 and 17, the use of the word “preferably” is indefinite because it is unclear whether the limitations followed are part of the claimed invention.
Re claims 11 and 14-16, they are indefinite because they are depending on indefinite claims.
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.
Claims 1-3, 12, 13, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chinese document CN108639024A (see machine translation).
Re claims 1 and 19, the document discloses a battery swapping device for transferring battery packs between an electric vehicle (fig 2) and a battery charging bin (fig 1), wherein, the battery swapping device having, inter alia, a turnover mechanism (fig 1), and the turnover mechanism [further include overturning discharge mechanism…] is used for turning a used battery pack taken out of an electric vehicle from a first position (i.e. in the boot/trunk of the vehicle) to a second position (i.e. outside of vehicle) in a first direction (i.e. away from the vehicle) [further include front and rear sliding mechanism…]; or the battery swapping device is used for turning a fresh battery pack taken out of a battery charging bin from a third position to a fourth position in a second direction (i.e. toward the vehicle), the first direction (out direction) being opposite to the second direction (in direction) [further include scissors fork elevating mechanism…]. Figures 2-6. Apparatus claim limitations performed the method steps in claim 19.
Re claims 2 and 20, the document further discloses a push-pull mechanism, the push-pull mechanism is connected with the turnover mechanism, and the push-pull mechanism is arranged to move back and forth relative to the turnover mechanism, when the turnover mechanism is located at the first position, the push-pull mechanism is used for pulling the used battery pack out of an electric vehicle; when the turnover mechanism is located at the fourth position, the push-pull mechanism is used for pushing the fresh battery pack into electric vehicle. [further include front and rear sliding mechanism…; further include overturn discharge mechanism…]. Apparatus claim limitations performed the method steps in claim 20.
Re claim 3, the document further discloses the turnover mechanism comprises a first turnover part and a second turnover part, the push-pull mechanism is connected with the first turnover part, and the push-pull mechanism is arranged to move back and forth relative to the first turnover part [further include overturn discharge mechanism… rotation the overturn plate (51). One end the returning plate (51) with the sliding panel (55)…].
Re claim 12, the document further discloses first turnover part and/or second turnover part are provided with an extension mechanism for taking out battery pack located at electric vehicle or battery charging bin, or placing the battery pack on electric vehicle or battery charging bin [further include overturn discharge mechanism…and the retainer plate 54 is equipped with vacuum cup 541 and battery 7 is captured by vacuum cup 541] (end of paragraph).
Re claim 13, the document further discloses the first turnover part comprises a first extension mechanism, and the second turnover part comprises a second extension mechanism, wherein, the first extension mechanism picks and places battery pack at first position or fourth position, and the second extension mechanism picks and places the battery pack at second position or third position; preferably, extension direction of the first extension mechanism and extension direction of the second extension mechanism are intersected, so that the battery pack is relayed between the first extension mechanism and the second extension mechanism; preferably, both the first extension mechanism and the second extension mechanism are telescopic fork; preferably, the battery swapping device further comprises a first transmission motor and a second transmission motor, wherein the first transmission motor directly or indirectly drives the first extension mechanism, and the second transmission motor directly or indirectly drives the second extension mechanism [feed mechanism having conveyor belt to slide the battery; and the scissor support arm to lift the battery; first motor 241 and second motor 53 drive the mechanisms].
Re claim 18, it is an inherent feature to have charging equipment housing different types of storage such as bins to house depleted and full charge batteries.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 19 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 17/913,293 (reference application (same PG Pub 2023/0226944)). Although the claims at issue are not identical, they are not patentably distinct from each other because:
17/916,273
19. A battery swapping method, wherein, the battery swapping method is implemented by using the battery swapping device as claimed in claim 1 comprising:
taking out a used battery pack from an electric vehicle and place it at a first position;
turning taken-out used battery pack from first position to second position in first direction;
placing used battery pack in second position into battery charging bin for charging, and/or
taking fresh battery pack out of battery charging bin and placing it at third position;
turning taken out fresh battery pack from third position to fourth position in second direction;
placing fresh battery pack at the fourth position into electric vehicle.
Copending 17/916,293
1.A battery swapping method, characterized in that, the battery swapping method comprises:
taking out an insufficient electricity battery pack from an electric vehicle and place it at a first position;
overturning the taken-out insufficient electricity battery pack from the first position along a first direction to a second position;
putting the insufficient electricity battery pack located at the second position into the charging compartment for charging, and/or
taking out a full electricity battery pack from the charging compartment and place it at a third position;
overturning the taken-out full electricity battery pack from the third position along a second direction to a fourth position;
placing the full electricity battery pack located at the fourth position into the electric vehicle.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 4-11 and 14-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims AND satisfying 35 USC 112 requirements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication should be directed to the Examiner at the below-listed number. The Examiner can normally be reached on Mon-Thu from 7:00am-5:00pm.
The Examiner’s SPE is Taelor Kim and he can be reached at 571.270.7166. The fax number for the organization where this application is assigned is 571.273.8300.
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/EDWARD TSO/Primary Examiner, Art Unit 2859 571.272.2087