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 .
Drawings
The drawings are objected to because:
The line quality in Figures 1A, 5A-5B, 9, and 10B have poor line quality such that they would result in unsatisfactory reproduction characteristics. See 37 CFR 1.84(L).
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.
Specification
The disclosure is objected to because of the following informalities:
The specification refers to: “snow collection unit 500”, “snow collection unit 500”, and “snow measuring unit 500”. The specification uses different terminology for the same element 500.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “snow measuring unit” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-9 and 16-20 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.
Claim 1 is directed to “A robot” and additionally recites “a snow measuring unit” as a sub-element of the “robot”. The limitation invokes 112(f). When considered in light of the specification, the snow measuring unit is a unit distinct from the robot (see description on page 12-13 and references to Figure 5). In one embodiment, it is stated that, “the snow collection unit 500 may include or be otherwise incorporated with a docking station 302”. It is unclear how the robot includes the distinct snow measuring unit as a sub-element, as the claim currently recites.
Claims 2-9 and 16-20 depend from claim 1 and include problematic claim structure.
Claim 6 recites the limitation "the snow removal unit". There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites “when the robot fails to avoid an obstacle”. It is unclear whether the “an obstacle” in claim 9 is the same or different than the “obstacles” of parent claim 8. If they are the same, it is unclear how the robot can fail to avoid to an obstacle when its configuration requires that it “avoid obstacles”.
Claim 16 recites the limitation "the snow removal unit". There is insufficient antecedent basis for this limitation in the claim. Claims 17-20 depend from an indefinite claim.
Claim Rejections - 35 USC § 102
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) 10-12 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao (US 20190003137 A1).
Regarding claim 10, Gao teaches a robot for autonomous removal of snow (please note embodiment of Fig 55 is being relied upon, but descriptions used in other embodiments are applicable to Fig 55, see Para 0418) comprising:
a pair of track wheels (Fig 1-2, track 180 with wheels 184/186 on each side) and a chassis mounted therebetween (Fig 1-2, base on which components e.g. 182 are mounted and housing 110) , the chassis comprising a controller (“control module”, see Paras 0243, 0245 and Fig 7), a rechargeable battery (170), and a first drive assembly in communication with the controller and operably coupled to the pair of track wheels (182, see Para 0240 and Para 0007, where control module interacts with moving module); and
an interchangeable snow removal assembly mounted to a forward portion of the chassis (Fig 55, mechanism 120, see also Fig 1), the interchangeable snow removal assembly having a second drive assembly in communication with the controller (Para 0418, “a working motor driving the rolling brush”; control modules controls the working module, see also Para 0235).
Regarding claim 11, Gao teaches wherein the first drive assembly is configured to drive each of the pair of track wheels independently (Fig 2, there are two distinct motors 182 and so the wheels are each “independently” driven as a result).
Regarding claim 12, Gao teaches wherein the interchangeable snow removal assembly attaches to the chassis at a first fixed mounting point (Fig 55, not labelled, but corresponding component labelled as 112 in Fig 56) and a second adjustable mounting point (Fig 55, 126).
Regarding claim 14, Gao teaches wherein the interchangeable snow removal assembly comprises a brush having a brush shaft, the brush shaft configured to rotate about a central axis (Para 0418, Fig 55, brush 122 with central part/shaft seen), a brush drive motor operatively connected to the controller (Para 0418, “a working motor driving the rolling brush”; control modules controls the working module, see also Para 0235), a framework (Fig 55, arm/shaft connecting 129 to 110), and a shroud (Fig 55, 124).
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao (US 20190003137 A1), in view of Aubin (US 11225765 B2).
Regarding claim 13, Gao is not explicit on wherein the second adjustable mounting point comprises a cable and a tensioning device, the tensioning device configured to adjust a length of the cable.
Aubin teaches wherein the second adjustable mounting point (Fig 3, 130/132) comprises a cable (Fig 3, 132) and a tensioning device (Fig 3, 130), the tensioning device configured to adjust a length of the cable (Column 7, lines 31-32).
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 invention disclosed by Gao by having the second adjustable mounting point comprise a cable and a tensioning device, the tensioning device configured to adjust a length of the cable as disclosed by Aubin because it would allow the snow implement to having pivoting functionality which would allow disengagement with the ground, when desired.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao (US 20190003137 A1), in view of Wu (CN 114922124 A), in view of Gisler (US 4685228 A).
Regarding claim 15, Gao teaches wherein the brush drive motor is configured to rotate a drive shaft (Para 0258, “A rotary shaft of the rolling brush”, Para 0418), the drive shaft being connected to the brush shaft with a gear (Para 0418).
Gao is silent on wherein the brush drive motor is mounted above the shroud.
Wu teaches wherein the brush drive motor is mounted above the shroud (Fig 1, Fig 3, motor 18 is mounted within 16, above shroud 30).
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 invention disclosed by Gao by having wherein the brush drive motor is mounted above the shroud and its arrangement with the cover as disclosed by Wu because Gao is silent on the location of the motor and its mounting with a protective cover is a known arrangement of a brush-type snow removal device, implementable with predictable results in the art.
Gao as modified is silent on the gear being a differential gear.
Gisler teaches the gear being a differential gear (Column 2, lines 53-61).
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 invention disclosed by Gao by having the gear being a differential gear as disclosed by Gisler because Gao is silent on the gear-type is a known gear-type for a brush-type snow removal device, implementable with predictable results in the art.
Allowable Subject Matter
Claims 1-9 and 16-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Gao (US 20190003137 A1) is the best available reference.
Gao teaches a robot for autonomous removal of snow (please note embodiment of Fig 55 is being relied upon, but descriptions used in other embodiments are applicable to Fig 55, see Para 0418) comprising:
a controller (“control module”, see Paras 0243, 0245 and Fig 7) comprising a microprocessor, a receiver, a transmitter, and a memory (Para 0243, “control module usually comprises a controller, a memory and other peripheral circuits”, Fig 7, module receives data from e.g. detection module and sends instructions to e.g. walking module i.e. receiver and transmitter);
a pair of axially aligned drive wheels (Fig 1-2, track 180 with wheels 184/186 on each side);
a body (see following elements), the body comprising a housing (Fig 1-2, housing 110, see Para 0244 “housing”) extending between the drive wheels (Fig 1-2, housing between wheels as seen), the housing having a base plate (Fig 4, flat lower portion of 110) and a cover (Fig 4, domes portion of 110), the housing defining a housing cavity containing the controller (Para 0244, controller as defined), a power supply (Para 0244, energy module), and a wheel drive motor operatively connected to the controller (Para 0244, moving module, see also Para 0023 “the moving module comprises at least one driving wheel and a moving motor driving the driving wheel” and Para 0025);
a brush assembly (Fig 55, mechanism 120), the brush assembly comprising a brush configured to rotate about a central axis (Para 0418, Fig 55, brush 122), a brush drive motor operatively connected to the controller (Para 0418, “a working motor driving the rolling brush”; control modules controls the working module, see also Para 0235), a framework (Fig 55, 124), and a shroud (Fig 55, 1242), the brush assembly secured to a forward facing portion of the body (Fig 55);
a plurality of sensors disposed about the body and/or the brush assembly (Para 0236-0237, “one part” of the detection module, plurality of sensors such as obstacle detection sensor and those which “detect internal parameters of the snow blower, such as the detection on energy and the detection on a moving distance”), the plurality of sensors being in communication with the controller (Para 0007); and
wherein the controller determines from the plurality of snow characteristics a schedule for removing snow from a pre-defined area (Para 0236, “these sensors can help the snow blower 100 to judge a working environment to execute the corresponding programs”, see also, Para 0031).
With respect to the limitation of a snow measuring unit configured to collect snow and to measure and transmit a plurality of the collected snow characteristics to the controller, Gao teaches in Para 0236, one part of the detection module including on-unit sensors for determining “weather condition (rail, snow and the like)” and temperature and the communication of the detection module with the detection module (Para 0007). However, the snow measuring unit requires specific structural characteristics described in the specification (see e.g. page 12-13 and Figure 5). The presence of sensors/a detection module as disclosed by Gao does not teach those required structural particulars of the snow measuring unit nor are they an equivalent thereof.
Wang (CN 109633788 A) teaches snow-quantity measuring method and device using measuring cylinder A and cylinder B with measuring, measuring cylinder A comprises a protective cylinder, protective cylinder upper part of rain-collecting device under the rain receiving machine is provided with a rainfall gauge cylinder.
Claims 2-9 and 16-20 depend from claim 1 and include the allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE N YAO whose telephone number is (571)272-8745. The examiner can normally be reached typically 8am-4pm ET.
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/THEODORE N YAO/Primary Examiner, Art Unit 3676