The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-41 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, lines 5 and 10, the recitations “is adjusted” seem to imply the positive performance of an action, as would typically be associated with a method claim. An apparatus is defined by what it is, not by what it does or how it operates. The claim will be examined on the basis that such recitations represent an intended use of the apparatus. Terminology such as --adjustable-- or --configured to be adjusted-- could be used to obviate this rejection.
This also applies to similar recitations throughout the dependent claims, including but not necessarily limited to “is docked”, “is held”, “is placed” and “is displaced” in claims 5, 6 and 9.
Claim 4, lines 3-4, it is unclear what is meant by the recitation “aligning … differently” (i.e., compared to what?).
Claim 8, line 3, the recitation “the at least one telescopic device” lacks antecedent basis, noting that “three telescopic devices” have previously been recited.
Claim 10, line 2, it is not clear if the recitation “at least one extendable loading part” is intended to refer to the element of the same name previously recited in claim 1.
This also applies to the recitation “a loading part” in claim 12.
Claim 31, line 2, --to-- should be inserted before “claim”.
Claim 39, “step” should be --steps--.
Claim 40, it is unclear if the recitation “a docking position” is intended to refer to the docking position previously recited in claim 34 (from which this claim depends).
Claim 41, last two lines, the recitation “the at least one telescopic device” lacks antecedent basis, noting that “three telescopic devices” have previously been recited.
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 1-5, 7-11, 14, 21, 24-28, 30, 31 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Palan et al (US 10,908,612 or corresponding US 2019/0302775) in view of Bennington (US 6,409,186), both previously cited.
Palan shows a transport and loading assembly for a motor vehicle 302, the assembly comprising:
a loading area 304 extending as far as a rear opening (Fig. 4),
a transport cart 200 which has a chassis 312 with (at least) three rollers 318 and at least one transport container 320 (see Figs. 5A and 7, and col. 11:3-50), wherein the chassis is adjustable between a transport position (Figs. 6-9) and a loading position (Figs. 4-5), and
a loading device 310 installed in the loading area (Fig. 4) and which has a loading mechanism (not shown separately but note col. 9:56-66) for loading and/or unloading the transport cart into or out of the loading area,
wherein the transport cart has an electrically operated height adjustment device 258/315 by means of which a height of the transport cart is adjustable in the transport position, and
wherein the chassis has an at least partly telescoping linkage 316/317 to adjust the height of the transport cart, and the chassis further includes three telescopic devices 315, each of the three rollers is 318 held on a respective telescopic device 315, wherein the telescopic devices are adjustable independently of one another (Figs. 6B-D), and
wherein the transport cart comprises a chassis receiving area for accommodating the at least partly telescoping linkage, the three telescopic devices and the three rollers (Fig. 5B; cols. 9:35-53 and 11:51-64), and the loading device includes an extendable loading part 310 configured to support the transport container and the transport cart in the loading position while the three rollers are retracted and elevated into the chassis receiving area above the extendable loading part (Figs. 4 and 5B; col. 9:56 - 11:2).
Palan does not show the chassis receiving area to be within the transport container or the rollers to be retracted and elevated into the chassis receiving area above the extendable loading part without engaging the extendable loading part.
Benington shows a generally similar transport and loading assembly for a motor vehicle (see Figs. 11A-C), wherein a transport cart 1 of the assembly has a chassis receiving area (not explicitly identified but shown in at least Figs. 6-10) within a transport container of the cart for accommodating (at least) three telescopic devices 7 and three respective rollers 6 held thereon, such that the transport cart and container can be supported above a support surface of the vehicle while the rollers are retracted and elevated into the chassis receiving area without engaging the vehicle support surface (Fig. 9 and col. 11:58 -12:9).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the apparatus of Palan by providing the chassis receiving area within the transport container such that the rollers could be retracted and elevated into the chassis receiving area above the extendable loading part without engaging the extendable loading part when in the loading position, as suggested by Bennington, as this would simply be an art recognized, alternate equivalent means of retracting the telescopic devices and rollers in a space-efficient manner into the chassis receiving area, the use of which in the apparatus of Palan would have required no undue experimentation and produced no unexpected results. Note that while Palan shows the legs to be foldable in the drawings, in other embodiments they can be telescopic (col. 9:50-53). Further, while Palan discloses that in some embodiments the extendible loading part is a guide rail along which the rollers of the cart travel, in other embodiments the extendible loading part may engage other parts of the cart and may extend out of and retract into the vehicle while supporting the cart, rather than the cart travelling along the rails under its own power (col. 10:21-30).
Re claim 2, each roller of Palan is held on its own telescopic device in order to adjust a vertical distance relative to the transport container.
Re claim 3, Palan shows a sensor arrangement (any of 234, 244, 250 and/or 254) provided between the loading device and the transport cart, and configured to adjust the height of the transport cart as a function of a signal from the sensor arrangement (not explicitly recited but clearly the robot/cart 200 utilizes position data of various objects obtained from one or more of the sensors to adjust the height of the cart utilizing the telescopic devices; e.g., see at least col. 13:4-49). Since the robot/cart is fully capable of automatically engaging the extended loading device 310 when being loaded into the loading area (col. 10:35 - 11:2, and 14:26-33), it is clear that one of the objects detected would be the loading device.
Re claim 4 (as best understood), the height adjustment device of Palan is configured to set a vertical distance of the transport container with respect to at least two rollers of the three rollers for aligning the transport container differently (again, see Figs. 6B-D and the description thereof in cols. 12-13).
Re claim 5, Palan discloses that a guide aid (e.g., “pathways or grooves”; col. 10:25) acting in a vertical direction is provided on the loading device, and the transport cart is docked against the guide aid (e.g., “clamping, sliding, locking, magnetics, etc.”; col. 10:30, or “any suitable type of coupling mechanism”; col 10:60-62).
Re claim 7, when modified as above, the chassis of Palan is at least partially received in the chassis receiving area in the loading position (Fig. 5B).
Re claim 8, when modified as above, the chassis receiving area has at least one telescopic device receiving area into which [the] at least one telescopic device of the three telescopic devices can be at least partially retracted in the loading position (readily apparent in at least Fig. 9 of Bennington).
Re claim 9, the loading device of Palan has an engagement mechanism (e.g., “clamping, sliding, locking, magnetics, etc.”; col. 10:30, or “any suitable type of coupling mechanism”; col 10:60-62) which is displaced into an extended position for establishing or releasing a connection to the transport cart (at least indirectly) which is positive locking and/or frictional locking (col. 10:50-52). Note that since claims 5 and 9 both depend directly from claim 1, nothing precludes the same element(s) from being considered both the guide aid of claim 5 and the engagement mechanism of claim 9.
Re claim 10, the engagement mechanism is held on [at least one] the extendable loading part 310 of the loading device, on which the transport container is supported in the direction of gravity.
Re claim 11, in addition to the positive locking and/or frictional locking connection to the transport cart, the engagement mechanism in the loading position is configured to produce a securing of the transport cart which acts counter to the direction of gravity.
Re claim 14, the loading device of Palan has at least one support region which extends in a loading direction and along which displaceable support means 118 of the transport cart are movable (col. 10:52-57).
Re claim 21, the height adjustment device of Palan comprises at least one accumulator device 260 (col. 8:40-49).
Re claim 24, the transport cart of Palan has a traction drive 258/318.
Re claim 25, the transport cart comprises a traction assistance system 238.
Re claim 26, the transport cart has a lighting device 252.
Re claim 27, the transport container of Palan is foldable (col. 11:12-17).
Re claim 28, Palan discloses a goods registration and/or payment device provided on the transport cart (col. 15:42-49 and col. 16:18-22).
Re claims 30 and 31, Palan as modified discloses a transport cart 200 and a loading device 310, respectively, for use in the transport and loading assembly according to claim 1.
Re claim 41, insofar as the claim is essentially an amalgamation of claim 1 (except the last paragraph) along with the limitations of claims 7 and 8, no further analysis is deemed necessary.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Palan et al in view of Bennington, as applied to claims 1 and 5 above, and further in view of CKD Praha (GB 1504988, previously cited).
Palan as modified does not show that the guide aid is held on the loading device in a horizontally pivotable manner and can be placed in an encompassing manner against a corner region, formed by two side surfaces, of the transport container.
However, the examiner notes in the art of container handling, it is generally well known to provide pivoting guides for engaging corner regions of a container to help direct the container into a desired position.
For example, CKD Praha shows a container handling frame 1 with guide rails 6 which are pivotable about a vertical axis (i.e., “held … in a horizontally pivotable manner”) and can be placed against corner regions of the container 4.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have further modified the apparatus of Palan by configuring the guide aid so as to held on the loading device in a horizontally pivotable manner and to be placed in an encompassing manner against a corner region, formed by two side surfaces, of the transport container, as shown by CKD Praha, to ensure proper positioning of the container when being loaded onto the loading device.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Palan et al in view of Bennington, as applied to claims 1 and 9 above, and further in view of Gotthardt (EP 3020381, previously cited).
Palan as modified does not show that the engagement mechanism is formed on a loading cart which is displaceable by motor on the loading part, wherein the loading cart has a top longitudinal slot that is engageable by a rear-engaging element on the side of the transport cart.
Gotthardt shows a generally similar transport and loading assembly for a motor vehicle 14, wherein an engagement mechanism 40 is held on an extendible loading part 20 of a loading device 10 installed in a loading area 12 of the vehicle, wherein a transport cart 22 having a vertically adjustable chassis can be supported in the direction of gravity on the loading part for being loaded into or unloaded from the loading area, wherein the engagement mechanism can be displaced into an extended position for establishing or releasing a connection to the transport cart, wherein the engagement mechanism is formed on a loading cart which is displaceable by motor (not explicitly recited but note linear drive 38) on the loading part, and wherein the loading cart has a top longitudinal slot (not explicitly identified but can be seen in Fig. 1) that is engageable by a rear-engaging element on the side of the transport cart, i.e., “the stretcher bracket 22 engages in the anchor carriage 40 and can be pulled … for automation”.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have further modified the apparatus of Palan by configuring the engagement mechanism so as to be formed on a loading cart displaceable by motor on the loading part, wherein the loading cart had a top longitudinal slot that was engageable by a rear-engaging element on the side of the transport cart, as shown by Gotthardt, to provide more positive and effective engagement of the transport cart on the loading device when being loaded into or unloaded from the loading area of the vehicle.
Claims 15, 16, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Palan et al in view of Bennington, as applied to claim 1 above, and further in view of Stebler et al (EP 3501941, previously cited).
Palan discloses that the transport container may be subdivided into at least two partial containers (col. 11:29-32), but does not disclose that such partial transport containers are separable/connectable.
Stebler discloses a modular trolley (transport cart) system comprising a transport container 2 which can be subdivided into a plurality of partial containers 1.1, 1.2., 1.3, etc., wherein the partial containers are separable and connectable (Fig. 9A).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have further modified the apparatus of Palan by configuring the subdivided partial containers thereof so as to be separable and connectable, as shown by Stebler, so as to form a modular container system having increased utility and flexibility.
Re claim 16, the at least two partial containers of Stebler have two side walls which are capable of being placed against one another at end faces thereof, and the two side walls are capable of being fixed to one another via connecting means 4 and connecting countermeans 5 which are releas[ed]able from one another by mutual horizontal displacement. Such features would obviously be included in the apparatus of Palan when modified in the above manner.
Re claims 18 and 19, Stebler further discloses the trolley/transport cart to include a chassis 3 (rolling elements 3 may be mounted on a common frame which can be separated from the container 2), wherein the chassis has at least two partial chassis (the part of the chassis connected to each partial container) which can be separably connected by means of a lock 5, and wherein “a support chassis”, as broadly recited, is provided on at least one of the partial chassis. Again, it would have been obvious to have included such features in the apparatus of Palan when modified as above.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Palan et al in view of Bennington and Stebler et al, as applied to claim 15 above, and further in view of Peniche et al (US 10,293,737 or equivalent DE 202017103297, both previously cited).
The loading device of the apparatus of Palan when modified in the above manner would obviously include two loading parts which could be extended independently of one another and on which in each case one of the partial containers would be supported in the direction of gravity, but would not show or suggest that in each case such loading parts would have an engagement mechanism for producing or releasing a connection to one of the partial containers which is positive locking and/or frictional locking.
Peniche shows a modular trunk system for a motor vehicle comprising a plurality of transport carts 106 each having a chassis 120 with a height adjustable telescoping linkage 122 and a transport container 116 supported thereon, wherein each container can be releasably connected to a loading area of the vehicle by a positive locking engagement mechanism 140 and/or 142 (Fig. 7).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have still further modified the apparatus of Palan by providing a separate releasable locking engagement mechanism for each partial container on each loading device of the vehicle, as shown by Peniche, to allow separate and independent operation of each partial container/chassis assembly.
Claims 17 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Palan et al in view of Bennington, as applied to claim 1 above, and further in view of Groglio (US 5,649,718, previously cited).
Palan as modified does not show that the transport container is detachably fixed to the chassis, or that an integrated rain cover is provided on the transport cart.
Groglio shows a similar transport and loading assembly for a motor vehicle, wherein a transport cart 10 includes a chassis 26/28/54 and a transport container 40 that can be detachably fixed thereto (col. 9:14-33), and wherein an integrated cover 46 is provided on the transport cart (col. 9:34-56). Absent any particular limitations of the term, the cover is considered to be a “rain” cover, as broadly recited, at least to some extent.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have further modified the apparatus of Palan by configuring the transport container so as to be detachably fixed to the chassis and by providing the transport cart with an integrated rain cover, for enhanced operator convenience and load protection.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Palan et al in view of Bennington, as applied to claims 1 and 21 above, and further in view of Hofmeier et al (DE 102019212501, previously cited).
Modified Palan shows that the transport cart has an electrical connecting means (charging port 262) connected to the accumulator device, but does not show that connecting countermeans, which is connect[ed]able to an electrical power supply unit of the motor vehicle, are provided on the loading device and [can be] is contact[ed]able by the electrical connecting means in a fixed position of the transport cart on the loading device.
Hofmeier shows, in a generally similar transport and loading assembly for a motor vehicle, a transport cart 30 having a battery 37 (accumulator device) for driving an electric motor 36 that powers a height adjustment mechanism 34 of the cart, wherein the transport cart has an electrical connecting means 62 connected to the accumulator device, and wherein connecting countermeans 64, which can be connected to an electrical power supply unit of motor vehicle 10, are provided on a loading device 15 and can be contacted by the electrical connecting means 62 in a fixed position of the transport cart on the loading device (Figs. 1, 4).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have further modified the apparatus of Palan by providing countermeans, connected to an electrical power supply unit of the motor vehicle, on the loading device, so as to be contacted by the electrical connecting means of the transport cart when in a fixed position thereof on the loading device, as shown by Hofmeier, to provide a simple and convenient means of powering the electric motor and/or recharging the battery.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Palan et al in view of Bennington and Hofmeier et al, as applied to claim 22 above, and further in view of Faller (EP 1955894, previously cited).
Palan as modified does not show second electrical connecting means provided on the transport cart, which can be connected to the vehicle-side connecting countermeans and via which a cooling unit can be supplied with electrical current.
Faller shows a generally similar transport and loading assembly for a motor vehicle, wherein a transport cart includes a height adjustable chassis 10 and a transport container 4, which, in the Fig. 16 embodiment, includes a power supply 45 for powering both the displacement of the container relative to vehicle 1 to/from which it is to be loaded/unloaded and a cooling unit 41.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have yet further modified the apparatus of Palan by providing second electrical connecting means on the transport cart, which could be connected to the vehicle-side connecting countermeans and via which a cooling unit could be supplied with electrical current, as collectively suggested by Hofmeier and Faller, so that electrical power from the vehicle could be utilized to supply power to a cooling unit and/or recharge the battery (accumulator).
Claims 32-40 are rejected under 35 U.S.C. 103 as being unpatentable over Palan et al in view of Bennington, as applied to claim 1 above, and further in view of Carletti (US 10,512,571, previously cited).
Palan as modified discloses a loading method using the transport and loading assembly according to claim 1, in which, in a first step, the transport cart is approximated to the loading device accommodated in the motor vehicle (see at least Fig. 4) and, in a second step, a position of the transport cart with respect to the loading device is determined (considered inherent from the description of at least col. 14:26-33), but does not explicitly disclose that, in a third step, as a function of the determined position, a contact position of the transport cart is automatically set, in which the transport container is arranged with respect to the loading device in a predetermined manner, in which the height and orientation of the transport container with respect to the loading device are adapted.
However, as noted above in par. 5 with respect to claim 3, the height of the transport cart is capable of being adjusted as a function of a signal from the sensor arrangement, insofar as the robot/cart 200 utilizes position data of various objects obtained from one or more of the sensors to adjust the height of the cart utilizing the telescopic devices, as disclosed in at least col. 13:4-49. Since the robot/cart is fully capable of automatically engaging the extended loading device 310 when being loaded into the loading area (col. 10:35 to col. 11:2, and col. 14:26-33), it is implicit that one of the objects detected would be the loading device.
Further, Carletti shows a generally similar method of using a transport and loading assembly for a motor vehicle, wherein a transport cart 106 has a chassis which can be adjusted between transport and loading positions through the use of an extendable and retractable loading device 104 installed in the vehicle. Further, a sensor arrangement (including at least 176) is provided by means of which the relative heights between the transport cart and the loading device can be adjusted as a function of the signal from the sensor arrangement, wherein such adjustment involves automatically setting a contact position of the relative positions of the transport cart with respect to the loading device in a predetermined manner, in which the height and orientation of the transport container with respect to the loading device are adapted. See Figs. 2-4, col. 6:36 to col. 8:23 and col. 11:36 to col. 12:36.
As such, to whatever if any extent the limitation may be deemed as not being shown or suggested by Palan as modified by Bennington, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have further modified the method of Palan by providing a third step wherein, as a function of the determined position, a contact position of the transport cart was automatically set, in which the transport container was arranged with respect to the loading device in a predetermined manner, in which the height and orientation of the transport container with respect to the loading device were adapted, as suggested by Carletti, to ensure that the height and orientation of the cart and the loading device were properly aligned prior to loading the cart into the motor vehicle with the loading device.
It is also noted that although Carletti discloses that the loading device is the component being adjusted relative to the stationary cart rather than vice-versa, one of ordinary skill would understand that adjusting the cart relative to the loading device instead would have been a mere reversal of parts, which has been held to involve only routine skill in the art (In re Gazda, 219 F.2d 449, 104 USPQ 400; CCPA 1955), especially since Palan discloses that the cart is adjusted relative to the stationary loading device of the vehicle.
Re claim 33, when modified as above, in the third step of method, the distances of at least two rollers of the three rollers would obviously be adjusted with respect to the transport container.
Re claim 34, in a fourth step, the transport cart of Palan is moved from a docking position to a support position in which it is supported on the loading device in the direction of gravity.
Re claim 35, Palan shows that in the supporting position, a positive locking and/or frictional locking connection between the transport cart and a displacement device is established and, in a fifth step, a part of the chassis facing the motor vehicle is displaced into the chassis receiving area.
Re claim 36, Palan shows that in a sixth step, the transport cart is displaced by means of the loading device with the chassis partially received in the chassis receiving area and a part of the chassis supported on a base surface and facing away from the motor vehicle.
Re claim 37, when modified as above, the part of the chassis supported on the base surface would obviously be adjusted during the sixth step for compensating a vertical displacement in order to maintain the adjusted orientation of the transport container with respect to the loading device.
Re claim 38, Palan shows that in a seventh step following the sixth step, the transport cart is moved into the loading position in which the part of the chassis facing away from the motor vehicle is also displaced into the chassis receiving area.
Re claim 39, Palan shows that in an unloading process following the first to seventh steps, the transport cart is displaced out of the loading area against the loading device and, in the process, first the part of the chassis facing away from the motor vehicle and then the part facing the motor vehicle are extended.
Re claim 40, when modified as above, the chassis would obviously be extended and brought into [a] the docking position in dependence on the signal of a pressure or position sensor system, as noted above.
Applicant’s arguments with respect to claims 1 and 41 have been considered but are moot because the new grounds of rejection do not rely on any references applied in the prior rejection of record for any teachings or matters specifically challenged in the arguments.
Applicant's amendment necessitated the new grounds 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 James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Keenan/
Primary Examiner
Art Unit 3652
2/10/26