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 . This Office Action responds to the Application filed on 5/9/2023, Oath/Declaration filed on 6/8/2023, preliminary amendment filed on 6/21/2023, and IDS filed on 7/31/2023 and 3/18/2026. Claims 1-18 are pending, wherein claims 1-18 have been amended.
Information Disclosure Statement
The information disclosure statement filed 7/31/2023 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language, wherein all of the references cited has been considered except for the “Written Opinion of the International Searching Authority, issued in Intentional Patent Application No. PCT/AT2021/060427, dated 03 February 2022, which is NOT in the English language, which has been placed in the application file, but the information referred to therein has not been considered.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
(m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01.
The disclosure is objected to because of the following informalities: the specification is not arranged in the different sections as discussed in section paragraph 3 above. Additionally, there is no brief description of the drawings.
Appropriate correction is required.
A substitute specification excluding the claims is required pursuant to 37 CFR 1.125(a) because there would be numerous corrections that need to be made to comply with section paragraph 4 above..
A substitute specification must not contain new matter. The substitute specification must be submitted with markings showing all the changes relative to the immediate prior version of the specification of record. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived. An accompanying clean version (without markings) and a statement that the substitute specification contains no new matter must also be supplied. Numbering the paragraphs of the specification of record is not considered a change that must be shown.
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 1-18 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, wherein
As per claim 1, “can be” (line 5) should be –is—to clearly identify what is being claimed; “can be” (line 6) should be –is-- to clearly identify what is being claimed; “can…be” (line 8) should be –is—to clearly identify what is being claimed.
As per claim 5, “can be” (line 3) --is—to clearly identify what is being claimed.
As per claim 8, “can be” (line 3) should be –is—to clearly identify what is being claimed.
As per claim 9, “can be” (line 3) and “can…be” (line 3) should be –is—to clearly identify what is being claimed.
As per claim 10, “can be” (lines 2-3) should be –is—to clearly identify what is being claimed.
As per claim 14¸”can be” (lines 3 and 4) should be replaced with –is--to clearly identify what is being claimed.
As per claims 2-17, the claims are also objected to for incorporating the above errors into the respective claims by claim dependency.
As per claim 18, the claim is directed to a method for operating the charging device, however, there is no clear steps recited for performing the method and many of the limitations of the claims are already recited in the device of claim 1, from which the claim depend. Applicant should rewrite the claim so as to clearly recite the steps while operating on the charging device of claim 1. For example, the claim should be rewritten as follows:
--A method for electrically charging an electric vehicle using the charging device of claim 1, comprising the steps of:
positioning the electrical vehicle above the charging device;
causing the movement apparatus to guide the first coupling element of the charging device to move from the base of charging device that is at least partially sunk into the ground, through the through-opening, to come in contact with the second coupling element arranged on the electric vehicle;
transfer electrical energy to a storage battery via the coupling elements.--
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.
Claim(s) 1-2,5-12,14,18 is/are rejected under 35 U.S.C. 102(A)(1) as being anticipated by Klausner et al. (US Patent Application Publication No. 2020/0101856 A1).
As per claim 1, Figs. 1-2 illustrate the elements of the claim comprising:
a charging device (100) for electrically charging an electric vehicle (1), the charging device comprises a first coupling element (113) that can be connected to a second coupling element (200) arranged on the electric vehicle (1) to produce an electrical connection, characterized in that wherein the charging device (100) comprises a base (i.e., bottom of the hole in the ground), which can be at least partially sunk into the ground (shown as a rectangular hole in the ground in Fig. 1), and a movement apparatus (i.e., lifting mechanism 105), which connects the first coupling element (113) to the base (hollow space in the ground) such that it can be controllably moved relative to the base (i.e., hollow space in the ground), wherein the base comprises a through-opening and a cover (see paragraph [0032], which is covered by the road covering 300 as shown in Fig. 2) that closes the through-opening, so that, in a usage state, the first coupling element (113) can, with the cover (300) open, be moved through the through-opening from a non-charging position sunk into the ground as shown using the movement apparatus (i.e., lifting mechanism 105), in order to guide the first coupling element (113) to the second coupling element (200) to assume a charging position.
As per claim 2¸ wherein the first coupling element (113) can be moved using the movement apparatus (i.e., lifting mechanism 105) relative to the base (hollow space in the ground) along multiple movement axes preferably aligned at a right angle to one another, in particular independently of one another, in order to assume the charging position (see paragraphs [0016],[0025]-[0026], [0031]-[0033]).
As per claims 5-6, wherein the movement apparatus comprises a lifting apparatus (i.e., lifting mechanism 105), with which the first coupling element (113) can be moved through the through- opening (as covered by the road covering 300 in Fig. 2), and a lateral movement system, with which the first coupling element (113) can be moved in two dimensions in a movement plane parallel to an opening surface of the through- opening, including moving laterally past a rim of the through-opening (see Figs. 34-35; paragraph [0154]-[0156]).
As per claim 7, wherein the base is formed with a hollow body as shown in Figs.1- 2, in which, in the non- charging state, the first coupling element (113) and the movement apparatus (105) are arranged.
As per claim 8, wherein the cover (300) can be moved essentially parallel to the opening surface of the through-opening to open the through-opening (see paragraph [0033], i.e., displaceable horizontally).
As per claim 9, wherein, to open the through-opening, the cover can be raised in a pass-through direction as shown by the arrow of direction of movement in Fig. 1 (see also paragraph [0050]), via the through-opening and can subsequently be moved essentially parallel to the opening surface of the through-opening as further discussed in paragraph [0033].
As per claim 10, wherein the base comprises a rim strip (i.e., flap) that can be extended relative to a foundation of the base, so that, in the extended state, the rim strip at least partially runs around the through-opening in order to form a barrier against dirt that ingresses into the through-opening when the cover is open (see paragraphs [0033], [0058], [0119]-[0122]).
As per claim 11¸ wherein at least one sensor element is present for measuring an impediment to an opening movement or closing movement of the cover (see paragraph [0072]).
As per claim 12, wherein the first coupling element (113) and/or the movement apparatus (105) are mounted on the base (i.e., hollowed space as shown in Figs. 1 and 2) with a spring mechanism (see paragraph [0107]—spring contact elements on the first coupling element, e.g., charging contact element; paragraph [0102]—the entire charging contact element carrier is oriented in a central position via a spring mechanism), in order to compensate a change in spacing between the second coupling element and the base in a state of electrical charging.
As per claim 14, wherein the charging device comprising the first coupling element (i.e., 113) can be connected to the second coupling (200) as discussed in the rejection of claim 1, from which the claim depends.
As per claim 18, the charging device having the base at least partially sunk to the ground, and the electric vehicle positioned above the charging device, whereupon with the cover open, the first coupling element is moved through the through-opening from a non-charging position sunk into the ground using the moving apparatus in order to guide the first coupling element to the second coupling element to assume a charging position are discussed in the rejection of claim 1 above, wherein the method comprising positioning the electric vehicle and moving the first coupling through the through-opening with the cover open from a non-charging position to a charging position is discussed in paragraphs [0034][-0035] (i.e., vehicle is located in the required position equates to positioning the vehicle for charging, which then cause the first coupling (113) to move in the direction as shown in Fig. 1, through the through-opening to contact with the second coupling (of the vehicle) for charging the vehicle.
Claim Rejections - 35 USC § 103
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 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) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klausner et al. (US Patent Application Publication No. 2020/0101856 A1) in view of Cole et al. (US Patent Application Publication No. 20210/178922 A1).
As per claim 3, Klausner et al. teach all of the elements of claim 1, from which the claim depends, including the mechanism as illustrated in Fig. 28, in which the orientation of the charging contact element carrier head 1113 on the charging contact element carrier podium 1112 in a central position is provided by the four elastic elements 1120a, 1120b, 1120c and 1120d tensioned in different directions between the first intermediate podium 128 and the charging electrodes; by way of an arrangement of the four elastic elements 1120a, 1120b, 1120c and 1120d, in particular a rotationally symmetrical arrangement, the four elastic elements 1120a, 1120b, 1120c and 1120d distribute over four different directions. However, Klausner et al. failed to teach that the movement apparatus comprises a parallel kinematic mechanism. Cole et al. teach the use of parallel kinematic mechanism for aligning the vehicle for charging the battery (see Fig. 3A, paragraphs [0066]-[0069], [0005]-[0009]) to allow for more precise, faster movement . It would have been obvious to one of ordinary skilled in the art at the time of the effective filing date of the invention to further incorporate the teachings of Cole et al. into the method/system of Klausner et al. because such incorporation would further allow charger system of Klausner et al. to align the underground charger with the vehicle charger more precisely and quickly in order to activate proper charging as taught by Cole et al..
As per claim 4, Klausner et al. teach all of the elements of claim 1, from which the claim depends but failed to teach that the movement apparatus comprises multiple arms (8) separately controllable from one another, which arms grip in an articulated manner. Cole et al. teach the use of parallel kinematic mechanism for aligning the vehicle for charging the battery which includes multiple arms separately controllable from one another, to allow for more precise, faster movement (see Fig. 3A, paragraphs [0066]-[0069], [0005]-[0009]). . It would have been obvious to one of ordinary skilled in the art at the time of the effective filing date of the invention to further incorporate the teachings of Cole et al. into the method/system of Klausner et al. because such incorporation would further allow charger system of Klausner et al. to align the underground charger with the vehicle charger more precisely and quickly in order to activate proper charging as taught by Cole et al..
Claim(s) 13,15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klausner et al. (US Patent Application Publication No. 2020/0101856 A1) in view of Lieser (Patent No. US 5069569 A).
As per claims 13,15-17, Klausner et al. disclose all of the elements of claim 14, from which the claim depends as discussed in the rejection of claim 14 above, including using creating electrical contact when the first coupling element and second coupling elements are contacted, producing a compression connection with the respective spring. However, Klausner et al. failed to teach that this spring is a helical spring. Lieser teach the use of helical spring which allows for the male/female counter parts to engage it each other at the joint (see col. 4, lines 15-42). It would have been obvious to one of ordinary skilled in the art at the of the effective filing date of the invention to further incorporate the teachings of Lieser into the method/system of Klausner et al. because such incorporation would allow the method/system of Klausner et al. to make the springs attached to the charging first coupling elements and second coupling elements being used by Klausner et al. as helical springs because such helical springs would allow the two coupling elements for which the springs are attached to engage each other, to allow for optimal charging, as taught by Lieser and intended by Klausner et al..
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHALLAKA KIK whose telephone number is (571)272-1895. The examiner can normally be reached Maxiflex Mon-Fri 8:30AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jack Chiang can be reached at 5712727483. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Any response to this action should be mailed to:
Commissioner for Patents
P. O. Box 1450
Alexandria, VA 22313-1450
or faxed to:
571-273-8300
/PHALLAKA KIK/Primary Examiner, Art Unit 2851 June 27, 2026
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