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 .
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) 14, 17 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0313121 A1 to Macaluso.
Re-claim 14, Macaluso discloses a vehicle retrofitted with a regenerative braking accessory, comprising: a vehicle (see at least figure 29), a regenerative braking accessory operationally connected to the vehicle and movable between a lowered position and a raised position (see paragraphs 74 and 75), the regenerative braking assembly further comprising: an axle 206; at least one wheel 202 is operationally connected to the axle; at least one electromagnetic brake assembly is operationally connected to the axle (such as generators 302); an electric motor operationally connected to the axle (this is the generator operated as a motor, or see paragraph 76 in which Macaluso discloses the use of a small motor for driving the fifth wheel 202); a battery array 102 is operationally connected to the at least one electromagnetic brake assembly and to the electric motor; an electronic controller (such as the EV controller, see paragraph 69, or the OBCS) is operationally connected to the battery array, to the at least one electromagnetic brake assembly and to the electric motor; the at least one wheel 202 engages a road surface when the regenerative braking assembly is in the lowered position to provide regenerative braking; the at least one wheel does not engage the road surface when the regenerative braking assembly is in the raised position when regenerative braking is not required (see paragraph 93).
Re-claim 17, the regenerative braking accessory is supported by a connection framework (see figure 8A and support 200).
Re-claim 18, the connection framework is a trailer connected to the vehicle. The framework appears to trail the vehicle and is interpreted as a trailer, see figures 7, 8A and 29.
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) 1, 6-10 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0313121 A1 to Macaluso in view of US 2021/0354684 A1 to Healy et al.
Re-claim 1, Macaluso teaches a method for fitting a vehicle with regenerative braking comprising: identifying a regenerative braking axle 206 assembly that will fit the vehicle; operationally connecting the regenerative braking axle to the vehicle such that the regenerative braking axle is movable between a raised position and a lowered position (see at least paragraphs 74 and 75, note the axle 206 and fifth wheel 202 is raised and lowered as necessary); operationally connecting a battery pack 102 to the vehicle and to the regenerative braking axle (see at least paragraph 107, the fifth wheel and connected generator supply power to the battery when used as a regenerative brake); the regenerative braking axle assembly further comprises: an axle 206; at least one electromagnetic brake assembly operationally connected to the axle (such a generator 302, see at least figure 3); and an electric motor 302 (see paragraph 107) are operationally connected to the axle wherein the regenerative braking axle generates power in the lowered position (such as when the fifth wheel 202 is in contact with the ground); wherein the regenerative braking axle does not generate power in the raised position (fifth wheel is braked when raised, see at least paragraph 93). Macaluso further teaches monitoring battery properties using at least the onboard charging system (OBCS), for maintaining the battery health, such as preventing overcharging. However, Macaluso fails to teach operationally connecting a heat exchanger to a vehicle exhaust, and to the regenerative braking axle assembly, and to the battery pack.
Healy et al. teach a battery pack associated with a motor/generator assembly. The battery pack is provided with a heating system connected with an engine exhaust for maintaining the battery within an optimum operating temperature (see paragraph 79). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the battery pack 102 of Macaluso with a connection to the vehicle exhaust as suggested by Healy et al., so as to maintain the battery pack within optimum temperatures, particularly during cold weather operation.
Re-claims 6-8, Macaluso teaches the method applied to motorcycles, buses and delivery vans (commercial trucks, see paragraph 115).
Re-claim 9, the regenerative braking assembly is provided with a charging port (see paragraphs 65, 73 and 77) as part of a home or house panel.
Re-claim 10, the electromagnetic brake and electric motor are unitary (motor/generator 302).
Re-claim 15, Macaluso teaches at least a battery voltage sensor operationally connected to the axle and the electronic controller. However, Macaluso fails to teach operationally connecting a heat exchanger to a vehicle, to the controller, to the battery pack or the electric motor.
Healy et al. teach a battery pack associated with a motor/generator assembly and operationally connected to a vehicle controller (see paragraph 38). The battery pack is provided with a heating system connected with an engine exhaust for maintaining the battery within an optimum operating temperature (see paragraph 79). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the battery pack 102 of Macaluso with a connection to the vehicle exhaust as suggested by Healy et al., so as to maintain the battery pack within optimum temperatures, particularly during cold weather operation.
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Macaluso in view of Healy et al. as applied to claim 1 above, and further in view of Layfield et al.
Re-claims 2-4,. Macaluso teaches the regenerative braking axle disposed on a trailer (see figure 29), or a trailing type structure (see also figure 31C), as well as dampening members 702 assisting in steering (i.e. horizontal movement of the vehicle, see paragraph 127). However, Macaluso fails to teach the regenerative braking axle connected to a trailer hitch for ease of removability.
Layfield et al. teach a regenerative braking axle assembly connected to a vehicle via a trailer hitch. This allows for easy removal of the regenerative brake axle assembly as needed, such as for maintenance or replacement. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the regenerative braking axle assembly of Macaluso in the form of a trailer attached to a trailer hitch of a towing vehicle as shown in Layfield et al., thus allowing for ease of removal for maintenance and replacement.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Macaluso in view of US 2022/0017161 to Layfield et al.
Macaluso teaches a kit, comprising: a regenerative braking axle assembly pivotable between a raised and lowered position (see paragraph 74); at least one battery pack 102 is operationally connected to the regenerative braking axle assembly; an electronic controller (such as EV controller or OBCU, onboard charging unit) is operationally connected to the regenerative braking axle assembly and to the at least one battery pack and moves the regenerative braking axle assembly between the raised and lowered positions. However, Macaluso is silent regarding how an amount of regenerative braking is determined, such as using a sensor connected to the electronic controller. It is noted that brake pedals are commonly connected with sensors for determining a requested brake operation and level of braking, including regenerative braking.
Layfield et al. teach a sensor for detecting amount of braking required and operationally connected to an electronic controller (see at least paragraphs 129, 133 and 144). The pedal sensing information is used to determine the degree of regenerative braking required. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have connected the electronic controller of Macaluso to a sensor (i.e. pedal sensor) as taught by Layfield et al., so as to determine the level of braking force requested by the operator as well as determine the level of regenerative braking that can meet the requested brake force.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Macaluso in view of Layfield et al. as applied to claim 11 above, and further in view of Healy et al.
Macaluso fails to teach operationally connecting a heat exchanger for operational connection to a vehicle exhaust, to the regenerative braking axle assembly and to the battery pack or the electric motor.
Healy et al. teach a battery pack associated with a motor/generator assembly and operationally connected to a vehicle controller (see paragraph 38). The battery pack is provided with a heating system connected with an engine exhaust for maintaining the battery within an optimum operating temperature (see paragraph 79). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the battery pack 102 of Macaluso with a connection to the vehicle exhaust as suggested by Healy et al., so as to maintain the battery pack within optimum temperatures, particularly during cold weather operation.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Macaluso in view of US 2020/0055402 A1 to Camhi et al.
The vehicle of Macaluso would be provided with a gas pedal, so as to initiate movement of the vehicle as known in the art. However, Macaluso is silent regarding the to teach the electronic controller operationally connected to the gas pedal to facilitate on demand regenerative braking when the gas pedal is released.
Camhi et al. teach a vehicle gas pedal connected to a vehicle controller 110, that upon release initiates a regenerative braking operation (see paragraphs 36 and 37). This provides an immediate deceleration (such as minor deceleration) for the vehicle once the gas pedal is released. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have operationally connected the gas pedal in the vehicle of Macaluso to the electronic controller as taught by Camhi et al., thus allowing for the commencement of regenerative braking upon a release of the gas pedal, thereby improving the overall safe operation of the vehicle.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4, 6-12 and 14-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 inquiries concerning this communication or earlier communications from the examiner should be directed to Thomas Williams whose telephone number is 571-272-7128. The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi, can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-6584.
TJW
November 7, 2025
/THOMAS J WILLIAMS/Primary Examiner, Art Unit 3616