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 § 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 1-20 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.
In claim 1, line 1, and throughout the claims, the term “type” creates ambiguity as to what structure is required by the associated term and so renders the claim language unclear.
In claim 2, applicant’s recitation of “a surrounding portion provided in a periphery while being separated from the case” is unclear. It is not clear to what structure “ a periphery” refers and it is not clear if the “surrounding portion” refers to a separate structure or a portion of one of the structures claimed.
In claim 3, line 3, “the upper side” lacks clear antecedent basis in the claim.
In claim 4, lines 2, “the back side surface” and, in line 4, “the left and right sides” lack clear antecedent basis in the claim.
In claim 14, “the back surface side” lacks clear antecedent basis in the claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4-8 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiaoxiao (CN 112810706, cited by applicant) in view of JP 5874897.
Regarding claim 1, Xiaoxiao teaches a walking type electric transporter (“walking tractor”, para [0027], line 1) comprising a handle portion 3 to be gripped by a worker, and a drive portion 6 capable of driving wheels 60 with electric power, the walking type electric transporter to be coupled to a trolley (traction mechanism 5 connects to another vehicle) on which cargo is mounted to be capable of electrically towing or pushing back, the walking type electric transporter further comprising: a transporter main body portion 4 including the drive portion 6 and the wheels 60 (para [0030], lines 7-8); a standing portion 41 standing upward from the transporter main body portion and including the handle portion 3 at an upper end (see Figure 1); and a storage battery 15 (battery box assembly 1 includes a battery box 12, with a battery box cover 13 and battery box upper cover 14, and battery 15 in the cover; see Figures 2, 3, and 5; para [0038], lines 3-4) that supplies the electric power to the drive portion, wherein the storage battery 15 is accommodated in a box-shaped battery casing 13, and the battery casing is detachably attached to the transporter main body portion (“battery box assembly [1] as a whole is replaceable at any time” to improve work efficiency, and wherein the battery box assembly/casing 1 holds the storage battery 15; see para [0038], lines 1-2 and 8).
It is not clear if the battery casing has a space in such a manner that an upper portion and a front portion in an interior and an upper surface and a front surface of the storage battery are respectively separated from each other.
JP ’897 teaches a walking transporter 1 (having wheels 21 and a handle 3) with a battery 8 mounted in a space in a battery casing 2 such that an upper portion and a front portion in an interior of the casing 1 and an upper surface and a front surface of the storage battery 8 are respectively separated from each other (see Figures 13 and 14).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide spaces between the upper and forward surfaces of the battery and upper and forward internal portions of the battery casing, in view of JP’897, with a reasonable expectation of success, in order to dampen the transmission of vibrations to the battery and protect the battery from collision damage.
Regarding claim 4, Xiaoxiao is silent regarding the back surface side of the battery casing having guiding convex streaks placed across the standing portion of the transporter main body portion on the left and right sides while being separated from each other in the left and right direction. However, it teaches a front surface having streaks (convex portions on opposite sides of groove 11; see para [0035] and Figures 1 and 2) on opposite sides, in the left and right direction, of the vertical wall 71 of guide plate 7. The streaks promote stability during installation and prevent detachment from the transported body. It would have been obvious to one of ordinary skill in the art before the effective foiling date of the claimed invention to provide similar streaks on the back side of the battery casing, in view of the teaching of Xiaoxiao, in order to further guide the battery casing in place and prevent it from detaching laterally while in use.
Regarding claim 5, JP’897 further shows the battery casing holding the storage battery while having a space in such a manner that both side portions in the interior and both side surfaces of the storage battery are respectively separated from each other.
Regarding claim 6, JP’897 shows the battery casing configured into a box shape by a front plate, a rear plate, and an endless tubular body nipped by the front plate and the rear plate (as seen in Figure 9A, the battery cover body 2 includes a tubular body capped by a lid 4 and a wall opposite the base).
Regarding claim 7, JP’897 shows a bent groove portion 22 (gripping portions 22, see Figure 13) in an upper portion of a front surface of the front plate of the battery casing, as oriented in Figure 13, wherein the groove portion has a shape in which a central portion in the left and right direction is convex downward. It would have been obvious to incorporate a groove with a downwardly oriented convex portion on an upper front plate of the battery casing of Xiaoxiao, in view of JP’897, in order to provide an integrally molded gripping portion to assist in lifting the battery.
Regarding claims 8 and 19, JP’897 shows the tubular body 2 is corrugated (see Figure 14, that shows recesses in the inner surface of the right side wall that effectively forms a corrugated surface).
19. The walking type electric transporter according to claim 7, wherein the tubular body is corrugated.
20. The walking type electric transporter according to claim 12, wherein the tubular body is corrugated.
Claim(s) 2, 3, 9-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiaoxiao (CN 112810706, cited by applicant) and JP 5874897 as applied to claim 1, 4-8, and 19 above, and further in view of Sa et al. (PGPub 2021/0229723).
Regarding claim 2, Xiapxiao teaches that the transporter main body portion 4 includes a surrounding portion 40 in which the drive portion 6 is accommodated (Figure 2 and 3), and wherein the battery casing 12 is supported by the surrounding portion 40, but it is silent regarding the surrounding portion of the transporter body portion being separated from a case in which the drive portion is accommodated.
Sa teaches a walking type transporter having a drive portion (drive unit 110) accommodated in a case (drive unit is a separate box, as seen in Figure 1) ad a surrounding portion is provided in a periphery while being separated from the case of the drive portion 110 (Figure 1 of Sa shows spacers between the outer periphery of the drive unit 110 and the peripheral body portion 100 that contains the drive unit).
It would have been obvious to one of ordinary skill in the art to provide the drive unit in a casing and have a spacing between the casing and the outer body structure, in view of Sa, in order to protect the drive unit from vibrations and impacts to the body structure.
Regarding claim 3, Xiaoxiao teaches a mounting plate (battery guide plate 7 with mounting base plate 70 and limiting vertical plate 71; seen in Figure 5; para [0032]) having a shape along a shape of a lower portion of the battery casing 12 attached on the upper side of the surrounding portion, and the battery casing is supported in a state of concavo-convex engagement with the mounting plate (Figure 5 shows walls 70, 71, that form a concavity that the convex battery basing 12 fits into).
Regarding claims 9 and 14, Xiaoxiao is silent regarding the back surface side of the battery casing having guiding convex streaks placed across the standing portion of the transporter main body portion on the left and right sides while being separated from each other in the left and right direction. However, it teaches a front surface having streaks (convex portions on opposite sides of groove 11; see para [0035] and Figures 1 and 2) on opposite sides, in the left and right direction, of the vertical wall 71 of guide plate 7. The streaks promote stability during installation and prevent detachment from the transported body. It would have been obvious to one of ordinary skill in the art before the effective foiling date of the claimed invention to provide similar streaks on the back side of the battery casing, in view of the teaching of Xiaoxiao, in order to further guide the battery casing in place and prevent it from detaching laterally while in use.
Regarding claim 10 and 15, JP’897 further shows the battery casing holding the storage battery while having a space in such a manner that both side portions in the interior and both side surfaces of the storage battery are respectively separated from each other.
Regarding claim 11 and 16, JP’897 shows the battery casing configured into a box shape by a front plate, a rear plate, and an endless tubular body nipped by the front plate and the rear plate (as seen in Figure 9A, the battery cover body 2 includes a tubular body capped by a lid 4 and a wall opposite the base).
Regarding claim 12 and 17, JP’897 shows a bent groove portion 22 (gripping portions 22, see Figure 13) in an upper portion of a front surface of the front plate of the battery casing, as oriented in Figure 13, wherein the groove portion has a shape in which a central portion in the left and right direction is convex downward. It would have been obvious to incorporate a groove with a downwardly oriented convex portion on an upper front plate of the battery casing of Xiaoxiao, in view of JP’897, in order to provide an integrally molded gripping portion to assist in lifting the battery.
Regarding claims 13, 17, and 20, JP’897 shows the tubular body 2 is corrugated (see Figure 14, that shows recesses in the inner surface of the right side wall that effectively forms a corrugated surface).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kohda teaches a battery case having streaks (ribs) along its outer cover for gripping a vehicle frame when mounted thereon.
Vautelin shows a body portion that contains a drive device and a battery case mounted onto the body portion.
EP2767428 shows a battery pack 10 mounted within a casing and having a spacing between front, back a top surfaces of the battery and the inner surface of the casing.
Thomas, March, Huther, and Katayama show battery arrangements for walking transporters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anne Marie M. Boehler whose telephone number is (571)272-6641. The examiner can normally be reached Monday-Friday, 8-5pm.
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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/