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) 1, 15-17, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Steffen (EP2857587).
Regarding claim 1, Steffen teaches a work machine (1), comprising: a working device for generating a working motion; a electric motor (3) for driving the working device; - a electric energy storage device (13) for supplying electric current to the electric motor; and comprising a cooling device (15) for cooling the energy storage device; wherein the cooling device comprises at least one fan (15, 25) device for generating a cooling air flow which can be directed over the energy storage device (paragraph [0020]); at least one temperature sensor is provided for detecting a temperature; and wherein - a control device is provided for controlling the fan device as a function of the temperature detected by the temperature sensor (paragraph [0031]). Steffen teaches detecting a temperature which inherently would require a temperature sensor.
Regarding claim 15, Steffen teaches a temperature limit value (predetermined threshold; paragraph [0031]) is stored in the control device; due to the control device, the detected temperature is comparable to the temperature limit value; - when the detected temperature exceeds the temperature limit value, the control device switches the fan device on (paragraph [0031]).
Regarding claim 16, Steffen teaches the control device is configured to control the fan device as a function of the temperature detected by the temperature sensor and as a function of an operating state of the work machine (paragraph [0022]).
Regarding claim 17, Steffen teaches the operating state of the work machine is selected from the group consisting of: - the energy storage device being switched off;- the energy storage device being switched on; and the electric motor being switched on (paragraph [0022]).
Regarding claim 20, Steffen teaches the work machine comprises one of a vibratory rammer (2), a vibratory or vibrating plate for soil compaction, and a floor saw for cutting asphalt pavement or concrete.
Claim(s) 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berger (EP 3872951)
Regarding claim 14, Berger teaches a method for postconditioning an energy storage device on a work machine, comprising the steps of:-switching off an electric motor serving as a drive motor of the work machine, which is supplied with electrical energy by an activated energy storage device; setting a time period starting with the switching off of the electric motor; during the time period, maintaining the energy storage device in an activated state (paragraph [0026]); and- during the time period, monitoring a temperature of the energy storage device and activating a fan device to generate a cooling air flow for the energy storage device if the temperature of the energy storage device is above a predetermined temperature limit (paragraph [0028]).
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) 2-9, 11,12, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steffen (EP2857587) in view of Berger (EP 3872951).
Regarding claim 2, Steffen teaches a work machine (1), comprising a working device for generating a working motion; an electric motor (3) for driving the working device; an electric energy storage device (13) for supplying electric current to the electric motor; a motor switching device for switching the electric motor on and off under control of an operator (paragraph [0022}); an operator control device that can be actuated by the operator to activate and deactivate the energy storage device (paragraph [0031]); and comprising a control device for deactivating the energy storage device as a function of a working state of the work machine. Steffen fails to teach deactivating the energy storage device after a time period. Berger teaches a working machine having an energy store device and a controller for deactivating the energy storage device as a function of expiration of a predetermined second time period after the electric motor has been switched off by the motor switching device (paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to control the energy storage device of Steffen as taught by Berger as it is obvious to use a known technique to improve similar devices in the same way.
Regarding claim 3, Steffen as modified by Berger teaches a cooling device (15) for cooling the energy storage device; wherein the cooling device comprises at least one fan (15, 25) device for generating a cooling air flow which can be directed over the energy storage device; - at least one temperature sensor is provided for detecting a temperature; and wherein - the control device is configured to control the fan device as a function of the temperature detected by the temperature sensor (paragraph [0031]). Steffen teaches detecting a temperature which inherently would require a temperature sensor.
Regarding claim 4, Steffen as modified by Berger fails to explicitly teach a converter. However, the examiner takes official notice that it is old and well known to include a converter on a work machine. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a converter on the machine of Steffen to allow the energy from the storage device to be used by the motor. Steffen further teaches the cooling device can be used to cool multiple different elements on the work machine, therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cool the converter using the cooling device of Steffen to prevent the machine components from overheating.
Regarding claim 5, Steffen as modified by Berger teaches a temperature sensor is provided for detecting at least one temperature at the work machine selected from the group consisting of: + a temperature of the energy storage device (paragraph [0031]); + a temperature of the converter; + a temperature of the electric motor;+ an ambient temperature; + a temperature at an air inlet of a cooling air duct provided for directing the cooling air flow; and + a temperature at an outlet of the cooling air duct.
Regarding claim 6, Steffen as modified by Berger teaches a temperature limit value is stored in the control device; due to the control device, the detected temperature is comparable to the temperature limit value (paragraph [0031]);- when the detected temperature exceeds the temperature limit value, the control device switches the fan device (15) on.
Regarding claim 7, Steffen as modified by Berger teaches the control device is configured to control the fan device (15) as a function of the temperature detected by the temperature sensor and as a function of an operating state of the work machine (paragraph [0022]).
Regarding claim 8, Steffen as modified by Berger teaches the operating state of the work machine is selected from the group consisting of: - the energy storage device being switched off;- the energy storage device being switched on; and the electric motor being switched on (paragraph [0022]).
Regarding claim 9. The work machine according to claim 2, wherein the control device is configured to control the fan device as a function of the temperature detected by the temperature sensor and as a function of the operating state of the work machine, in such a way that the fan device is also activated in the first time period and/or in the second time period if the detected temperature is above a predetermined temperature limit value.
Regarding claim 11, Steffen as modified by Berger teaches a maximum temperature limit value (threshold) is stored in the control device, which maximum value is predefined as an upper limit value for operation of the energy storage device; the temperature in the energy storage device is detected by a temperature sensor (paragraph [0031]);- the control device is configured to compare the detected temperature to the maximum temperature limit value; and wherein - if it is determined that the maximum temperature limit value is exceeded by the detected temperature, the control device switches off the electric motor or prevents the electric motor from being switched on (Berger [0028]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prevent the motor of Steffen from being switched on when the temperature threshold has been reached as taught by Berger to prevent overheating and damage to the machine.
Regarding claim 12, Steffen as modified by Berger teaches the control device is integrated into a control system of the converter.
Regarding claim 19, Steffen teaches a maximum temperature limit value (threshold) is stored in the control device, which maximum value is predefined as an upper limit value for operation of the energy storage device; the temperature in the energy storage device is detected by a temperature sensor (paragraph [0031]);- the control device is configured to compare the detected temperature to the maximum temperature limit value. Berger teaches a work machine with a temperature limit wherein - if it is determined that the maximum temperature limit value is exceeded by the detected temperature, the control device switches off the electric motor or prevents the electric motor from being switched on (Berger [0028]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prevent the motor of Steffen from being switched on when the temperature threshold has been reached as taught by Berger to prevent overheating and damage to the machine.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berger (EP 3872951).
Regarding claim 13, Berger teaches a method for preconditioning an energy storage device on a work machine, comprising the steps of: activating the energy storage device by an operator (paragraph [0022]); setting a time period after activation (paragraph [0026]), within which time period an electric motor serving as a drive motor of the work machine can be started; during the time period, monitoring a temperature of the energy storage device and activating a fan device to generate a cooling air flow for the energy storage device if the temperature of the energy storage device is above a predetermined temperature limit (paragraph [0028]). Berger fails to teach deactivating the energy storage device if the electric motor has not been started during the time period. However, the examiner takes official notice that deactivation of electric motors after being in standby after a predetermined period of time is old and well known and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a feature of deactivation of the machine of Berger as a safety feature as it is obvious to use a known technique to improve similar devices in the same way.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steffen (EP2857587) in view of Berger (EP 3872951) and in further view of Minamiura (EP1309029).
Regarding claim 10, Steffen as modified by Berger teaches the invention as described above but fails to teach the control device is configured to control the fan device as a function of at least one of the following parameters: - a state of charge of the energy storage device;- a state of aging of the energy storage device; - a voltage provided by the energy storage device; and - a model type of the energy storage device. Minamiura teaches a battery cooling system wherein the control device is configured to control the fan device as a function of a state of charge of the energy storage device (abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to trigger the fans of Steffen in response to state of charge as taught by Minamiura as it is obvious to use a known technique to improve similar devices in the same way.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steffen (EP2857587) in view of Minamiura (EP1309029)
Regarding claim 18, Steffen teaches the invention as described above but fails to teach the control device is configured to control the fan device as a function of at least one of the following parameters: - a state of charge of the energy storage device;- a state of aging of the energy storage device; - a voltage provided by the energy storage device; and - a model type of the energy storage device. Minamiura teaches a battery cooling system wherein the control device is configured to control the fan device as a function of a state of charge of the energy storage device (abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to trigger the fans of Steffen in response to state of charge as taught by Minamiura as it is obvious to use a known technique to improve similar devices in the same way.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed on the attached PTO-892. Moores teaches a battery pack with a cooling fan and temperature sensors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL ANNE RISIC whose telephone number is (571)270-7819. The examiner can normally be reached 8-5, M-Th.
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/ABIGAIL A RISIC/Primary Examiner, Art Unit 3671 April 11, 2026
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