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 CRF 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/15/2026 has been entered.
Status
In response to the amendment filed on 01/15/2026, claims 1, 8, and 9 have been amended, and claims 7 and 14 are cancelled. Claim 3 was previously cancelled. Claims 1, 2, 4-6, and 8-13 are pending and under examination.
Drawings
The drawings are objected to because figures do not show the battery holder configured to adjust a holding position of an individual battery unit in a left-right direction (Y direction) and a vertical direction (Z direction) of the vehicle body as recited in claim 1. Figure 4 shows the battery holder that can adjust the holding position of the individual battery unit only in a front-and-rear direction (X direction).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 18, the phrase may be amended as “a left-right direction (Y direction), and a vertical direction (Z direction)”.
In claim 1, lines 17-19, the phrase includes the terms “(X direction)”, “(Y direction)”, and “(Z direction)”. Words in a parenthesis do not have a patentable weight. Applicant may consider deleting them.
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.
Claim 1 is 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.
In claim 1, lines 16-19, the phrase “the battery holder is configured such that holding positions of the plurality of battery units can be adjusted, individually, …, a left-right direction (Y direction) and a vertical direction (Z direction) of the vehicle body” lacks written description requirement. Specification of the instant application states that “However, as another example, the battery holder He may be configured to be able to adjust the holding position of the battery unit B in the Y direction … or may be configured to be capable of incidentally adjusting the holding position of the battery unit B in the Z direction” (¶ 0042). Although fig. 4 of the instant application shows the battery unit B is coupled with rails Hc2 to slide along an X direction, but neither specification nor figure presents how a position of the same individual battery unit is adjusted in a Y direction and a Z direction. Therefore, the phrase lacks the written description.
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.
Claims 1, 2, 4-6, and 8, 9, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Burgoon et al. (WO 9700115A1, hereinafter Burgoon), in view of Leskovec (US 4506750), Chen et al. (CN 214061436U, hereinafter Chen ‘436), Shi et al. (CN 112502015B, hereinafter Shi), and Powell (US 2021/0384580).
Regarding claim 1, Burgoon discloses, fig. 5, a boarding sweeper (sweeper 10) comprising:
a rotary brush configured to execute cleaning work (p. 4:14-16, a front brush 28 [corresponds to the recited rotary brush] assists and directs debris into a hopper opening);
a seat portion configured to allow a user to sit thereon (p. 4:8-10, a chassis supports a driver’s seat 18. A driver is to sit on the driver’s seat to operate the sweeper);
a driving operator and a cleaning operator configured to allow the user to input a driving operation (p. 4:6-10, the sweeper is operated by a steering wheel 20 for driving wheels and control mechanisms 22 for various other controls); and
a battery holder configured to hold a battery unit (annotated Burgoon fig. 5 below, a battery holder holds a battery 36), wherein,
when an area on one lateral side with respect to a virtual line passing through in a front-and-rear direction of a vehicle body in plan view is defined as a first area and an area on the other lateral side is defined as a second area, the rotary brush, the seat portion, and the driving operator and the cleaning operator are disposed in the first area, and the battery holder is disposed in the second area (see annotated Burgoon fig. 5 below, the front brush 28, the driver’s seat 18, the steering wheel 20, and the control mechanisms 22 are disposed in the first area. The battery holder is disposed in the second area), but does not disclose explicitly the battery holder holds the battery unit detachably.
Leskovec teaches, in a battery powered vehicle field of endeavor and capable of solving primary problem, the battery holder holds the battery unit detachably (figs. 1, 3-4 and col. 3:31-34, a source of motive power such as a battery 24 is connected to a frame 22 of a vehicle 10 [corresponds to the recited battery holder]; the battery can be removed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sweeper of Burgoon to provide the battery holder that detachably holds the battery as taught by Leskovec so that a depleted battery can be replaced easily for continuous operation of the vehicle.
Burgoon as modified by Leskovec does not disclose the sweeper comprises a pair of left and right rear wheels and a single front wheel, wherein the rotary brush is disposed on the one lateral side with respect to the front wheel.
Chen ‘436 teaches, in an analogous sweeper field of endeavor, a pair of left and right rear wheels and a single front wheel, wherein the rotary brush is disposed on the one lateral side with respect to the front wheel (figs. 1-2, a sweeper comprises a pair of left and right rear wheels and a single front wheel. A cleaning device 6 [corresponds to the recited rotary brush] is disposed on one lateral side with respect to the front wheel).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sweeper of Burgoon as modified by Leskovec to provide the wheels and the rotary brush as recited as taught by Chen ‘436. The single front wheel can provide the brush a large space to execute sweeping on a surface for effective cleaning.
Burgoon as modified by Leskovec and Chen ‘436 does not disclose there is a plurality of battery units, and the battery holder is configured to be able to hold the plurality of battery units.
Shi teaches, in a battery powered vehicle field of endeavor and capable of solving primary problem, there is a plurality of battery units, and the battery holder is configured to be able to hold the plurality of battery units (Shi English translation, p. 13:33-36, a vehicle is powered by a battery pack 76 comprising a plurality of battery units as shown in fig. 19. The battery pack is disposed in a rear cavity [corresponds to the recited battery holder] of the vehicle).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sweeper of Burgoon as modified by Leskovec and Chen ‘436 to provide the plurality of battery units as taught by Shi in order to operate the electric vehicle with a large power for a long time.
Burgoon as modified by Leskovec, Chen ‘436, and Shi does not disclose the battery holder is configured such that holding positions of the plurality of battery units can be adjusted, individually, in each of a front-and-rear direction (X direction), a left-right direction (Y direction) and a vertical direction (Z direction) of the vehicle body.
Powell teaches, in a vehicle field of endeavor and capable of solving primary problem, the battery holder is configured such that holding positions of the plurality of battery units can be adjusted, individually, in each of a front-and-rear direction (X direction), a left-right direction (Y direction) and a vertical direction (Z direction) of the vehicle body (figs. 1, 2, and 4 and ¶ 0027 and 0030, a system 100 [corresponds to the recited battery holder] of a vehicle comprises a frame 110 for adjusting a position of a battery 105 [correspond to the recited battery unit] along X, Y, and Z axes. Fig. 2 shows the frame allowing the vertical/Z direction position adjustment of the battery 105. Fig. 4 shows the system 100 comprises multiple frames 110 to allow the X, Y, and Z direction position adjustment of a plurality of batteries 105 individually. The system 100 of Powell can replace the battery holder of Burgoon to allow the recited position adjustment of the battery unit. As discussed in 112(a) rejection above, the specification of the instant application does not present what components make it possible to adjust the position of the battery unit in the Y and Z directions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery holder of Burgoon as modified by Leskovec, Chen ‘436, and Shi to provide the X, Y, and Z direction position adjustment of the plurality of battery units as taught by Powell. The position adjustment of the batteries allows weight distribution of the vehicle to increase efficiency, performance, and safety (Powell ¶ 0030).
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Annotated Burgoon Fig. 5
Regarding claim 2, Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell teaches the sweeper as in the rejection of claim 1, wherein the rotary brush includes a rotation axis in a vertical direction of a vehicle body (see annotated Burgoon fig. 5 above, the front brush 28 has a rotation axis in a vertical direction of the sweeper).
Regarding claim 4, Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell teaches the sweeper as in the rejection of claim 1, wherein the driving operator and the cleaning operator is a steering mechanism having the front wheel as a steering wheel (Burgoon, p. 4:6-8, the steering wheel 20 directs the wheel to steer; Chen ‘436, fig. 1, the front wheel is a steering wheel).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sweeper of Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell to make the front wheel to be the steering wheel as taught by Chen ‘436. The front steering wheel provide stable moving motion of a vehicle so that the sweeper can move to an intended cleaning area quickly.
Regarding claim 5, Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell teaches the sweeper as in the rejection of claim 1, wherein the battery holder is disposed at a position overlapping a range from the driving operator and the cleaning operator to the seat portion in a side view (see annotated Burgoon fig. 5 above, the battery holder is disposed next to the steering wheel 20 and the control mechanisms 22 [correspond to the recited driving operator and cleaning operator], and the driver’s seat 18 [corresponds to the recited seat portion]).
Regarding claim 6, Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell teaches the sweeper as in the rejection of claim 1, wherein the battery holder is configured to be able to insert and remove the battery unit in a vertical direction of a vehicle body (Leskovec, col. 3:27-34, the battery 24 can be vertically removed after opening a hood 18 of the vehicle 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery holder of Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell to provide the battery unit to be inserted and removed in the vertical direction as taught by Leskovec. The recited battery placement and mounting a control device on the hood eliminate potential for damage to the control device during removal of the battery (Leskovec col. 2:35-37).
Regarding claim 8, Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell teaches the sweeper as in the rejection of claim 1, wherein the battery holder is configured such that the plurality of battery units is arranged in the front-and-rear direction of the vehicle body.
Shi teaches the vehicle comprises the plurality of battery units disposed in a direction perpendicular to the front-and-rear direction of the vehicle (fig. 19).
It would have been an obvious matter of design choice to dispose the plurality of battery units in a lateral direction of the vehicle. Specification of the instant application explains the plurality of battery units arranged in the front-and-rear direction of the vehicle makes it easier to balance the center of gravity of the sweeper (¶ 0052). However, the battery units of Shi are evenly arranged in the lateral direction of the vehicle. This arrangement also provides balance of the center of gravity. The battery packs of Shi would perform equally as well by doing so, and because a person of ordinary skill in the art would readily arrange the battery units in the lateral direction as long as it can provide power to the vehicle.
Regarding claim 9, Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell teaches the sweeper as in the rejection of claim 1, wherein the battery holder is configured such that the plurality of battery units is arranged in a lateral direction of the vehicle body (Shi, fig. 19, the plurality of battery units 76 is arranged in a lateral direction of the vehicle. The battery pack is disposed in a rear cavity [corresponds to the recited battery holder] of the vehicle).
Regarding claim 12, Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell teaches the sweeper as in the rejection of claim 1, wherein the holding position can be adjusted in the front-and-rear direction (Powell, fig. 1 and ¶ 0030, the holding position of the battery 105 can be adjusted in the front-and-rear direction (X direction) for weight distribution of the vehicle).
Regarding claim 13, Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell teaches the sweeper as in the rejection of claim 1, wherein the holding position can be adjusted in a left-right direction of the vehicle body (Powell, fig. 1 and ¶ 0030, the holding position of the battery 105 can be adjusted in the left-right direction (Y direction) for weight distribution of the vehicle).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Burgoon in view of Leskovec, Chen ‘436, Shi, and Powell, as applied to claim 1 above, and in further view of Chen (CN 113774846A, hereinafter Chen ‘846).
Regarding claim 10, Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell teaches the sweeper as in the rejection of claim 1, but does not disclose wherein the front wheel and the rotary brush overlap with each other in a side view.
Chen ‘846 teaches, in an analogous sweeper field of endeavor, the front wheel and the rotary brush overlap with each other in a side view (fig. 1, Chen ‘846 discloses a road sweeper comprising a pair of left and right wheels 21 and a single front wheel 23. A cleaning brush 3 [corresponds to the recited rotary brush] is disposed on a lateral side with respect to the front wheel. The front wheel 23 and the burhs 3 overlap with each other in a side view).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sweeper of Burgoon as modified by Leskovec, Chen ‘436, Shi, and Powell to provide the front wheel and the cleaning unit to overlap with each other in the side view as taught by Chen ‘846 for diffusing dust to a side for effective cleaning of the dust (Chen ‘846 English translation, abstract).
Regarding claim 11, Burgoon as modified by Leskovec, Chen ‘436, Shi, Powell, and Chen ‘846 teaches the sweeper as in the rejection of claim 10, wherein the rotary brush includes a rotation axis in a vertical direction of a vehicle body, the rotation axis overlapping with an axis of the front wheel in the side view (see annotated Chen ‘846 fig. 1 below, the cleaning brush 3 has a rotation axis in a vertical direction of the sweeper, and the rotation axis overlaps with an axis of the front wheel in the side view).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sweeper of Burgoon as modified by Leskovec, Chen ‘436, Shi, Powell, and Chen ‘846 to provide the rotation axis of the cleaning working unit to overlap with the axis of the front wheel in the side view as taught by Chen ‘846 for effective diffusion of dust in front of the sweeper.
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Annotated Chen ‘846 Figure 1
Response to Arguments
Applicant’s arguments with respect to the rejection of claim 1 under 35 U.S.C. §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Powell.
Applicant argues Burgoon, Leskovec, Unannounced Inventor (hereinafter UI), Chen ‘436, and Shi do not teach or suggest the amended claim limitations that the battery holder is configured such that holding positions of the plurality of battery units can be adjusted, individually, in each of a front-and-rear direction (X direction), a left-right direction (Y direction) and a vertical direction (Z direction) of the vehicle body.
Examiner acknowledges UI discloses a battery bracket/ battery holder allowing a battery to translate in left and right directions (Y direction). UI does not disclose explicitly adjusting a position of the battery unit in an X direction and does not teach adjusting the position of the battery unit in a Z direction.
However, Powell discloses the batteries of a vehicle are positioned on a frame 110 of a system 100/battery holder to allow the batteries to adjust positions in X, Y, and Z directions (figs. 1, 2, and 4 and ¶ 0027 and 0030). Therefore, Powell teaches the amended claim limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUKWOO JAMES CHANG whose telephone number is (571)272-7402. The examiner can normally be reached M-F 8:00a-5:00p.
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/SUKWOO JAMES CHANG/Examiner, Art Unit 3723