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 Status
Claims 1-18 are currently being examined.
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.
Claims 1 and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wiechers (EP 3139236) in view of Sjostrom et al. (US 2021/0323779).
Regarding independent claim 1, Wiechers discloses:
A method for autonomously transferring cargo while in motion [See at least Abstract, Par. 0019, 0020], comprising:
providing a first autonomous vehicle [See at least Fig. 1F, Ref. Numeral 3 (receiving vehicle); Par. 0019, 0041] with a first cargo area configured to carry a cargo container [See at least Par. 0021, cargo space] and traveling at a first speed along a first path; [See at least Par. 0009, 0023, 0034-0037]
providing a second autonomous vehicle [See at least Fig. 1F, Ref. Numeral 2 (transfer vehicle); Par. 0019, 0041] having a second cargo area configured to carry the cargo container [See at least Par. 0021, cargo space], with the second autonomous vehicle configured to accelerate, decelerate, and travel at a second speed along a second path; [See at least Par. 0009, 0023, 0034-0037]
receiving information of a first position, a first speed, and a first direction of the first autonomous vehicle and responsive to receiving information of the first autonomous vehicle position, speed, and direction, calculating by one or more processors a cargo transfer location solution; [See at least Par. 0032, 0033, 0044]
accelerating, based on the cargo transfer location solution, the second autonomous vehicle to the second speed along the second path to within a cargo transfer location of the first autonomous vehicle; [See at least Par. 0014, 0015, 0033]
updating the cargo transfer location solution by receiving information of the first position, first speed, and the first direction of the first autonomous vehicle and comparing it by one or more processors to a second location, second speed, and second direction of the second autonomous vehicle [See at least Par. 0009, 0023, 0030, 0033] and
changing the second autonomous vehicle's position to match a desired first autonomous vehicle's position; [See at least Par. 0016]
transferring autonomously the cargo container from the second cargo area of the second autonomous vehicle to the first cargo area of the first autonomous vehicle. [See at least Par. 0020-0022]
While Wiechers discloses autonomous vehicles with control system and a method of transferring cargo while in motion, Wiechers does not address autonomous loading/unloading of cargo prior to or after the in-motion transfer between vehicles. With respect to these limitations, Sjostrom et al., directed to solving the same problem, autonomous cargo loading, teaches:
loading autonomously, the cargo container within the second cargo area of the second autonomous vehicle; [See at least Par. 0024, 0080]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Sjostrom et al. and combine the autonomous loading/unloading of cargo with the autonomous vehicles with control system and a method of transferring cargo while in motion of Wiechers. The autonomous loading/unloading of cargo of Sjostrom et al. allows automated loading and unloading of cargo without the need for manual adjustments while also providing a method of securely locking cargo units subjected to high speeds from the vehicle system, enabling increased speed and efficiency in loading/unloading and increased effectiveness in transport. [See at least Sjostrom et al, Par. 0080]
One of ordinary skill in the art would have had the capability to combine the autonomous loading/unloading of cargo of Sjostrom et al. with the autonomous vehicles with control system and a method of transferring cargo while in motion of Wiechers and would have recognized that the combination would yield predictable results. Even in the combined context, the features of the autonomous vehicles with control system and a method of transferring cargo while in motion of Wiechers and the features of the autonomous loading/unloading of cargo of Sjostrom et al. would be expected to function as intended, with each element in the combined context performing the same function as it did separately.
A person of ordinary skill in the art would be motivated to incorporate the teachings of Sjostrom et al. because they are a known work in the same field of endeavor directed to solving the same problem, autonomous cargo loading, which would prompt its use based on design improvements that are predictable and recognized by one of ordinary skill in the art.
Regarding claim 6, Sjostrom et al. teaches what Wiechers lacks:
The method of claim 1 wherein the cargo container may be restrained within the first vehicle's first cargo area in at least one axis of motion. [See at least Figs. 5A, 5B (cargo units) constrained in at least one axis of motion within linear tracks, Fig. 2, Ref. Numerals 216 and 218]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Sjostrom et al. as discussed above, see claim 1.
Regarding claim 7, Sjostrom et al. teaches what Wiechers lacks:
The method of claim 1 wherein the cargo container may be restrained within the second vehicle's second cargo area in at least one axis of motion. [See at least Figs. 5A, 5B (cargo units) constrained in at least one axis of motion within linear tracks, Fig. 2, Ref. Numerals 216 and 218]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Sjostrom et al. as discussed above, see claim 1.
Regarding claim 8, Wiechers discloses:
The method of claim 1 wherein the cargo container may be transferred by a motion control system. [See at least Fig. 1F, Ref. Numeral 12 (platform); Par. 0026, 0041]
For examination purposes, the conveyor belt and gripping arm options of Wiechers [See at least Par. 0026] fall within the BRI of a motion control system.
Regarding claim 9, Wiechers discloses:
The method of claim 1 wherein the cargo container may be transferred by a robotic arm. [See at least Fig. 2, Ref. Numeral 13 (gripping arm); Par. 0026, 0043]
Claims 2-5 and 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wiechers (EP 3139236) in view of Sjostrom et al. (US 2021/0323779) and further in view of Shoemaker (US 3734025).
Regarding claim 2, while Wiechers discloses autonomous vehicles with control system and a method of transferring cargo while in motion, Wiechers does not explicitly disclose the use of a rail system and constraining the vehicles’ motion along set paths. With respect to these limitations, Shoemaker, directed to solving the same problem, transfer of passengers or freight between transfer vehicles in motion, teaches:
The method of claim 1 wherein the first vehicle travels on a rail type system. [See at least Fig. 1, Ref. Numerals 12 and 14 (cars) on rails; Abstract]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Shoemaker and combine the use of a rail system and constraining the vehicles’ motion along set paths with the autonomous vehicles with control system and a method of transferring cargo while in motion of Wiechers. The use of a rail system and constraining the vehicles’ motion along set paths of Shoemaker allows transfers specific to the constraints of a rail system in a controlled environment, enabling increased speed and effectiveness.
One of ordinary skill in the art would have had the capability to combine the use of a rail system and constraining the vehicles’ motion along set paths of Shoemaker with the autonomous vehicles with control system and a method of transferring cargo while in motion of Wiechers and would have recognized that the combination would yield predictable results. Even in the combined context, the features of the autonomous vehicles with control system and a method of transferring cargo while in motion of Wiechers and the features of the use of a rail system and constraining the vehicles’ motion along set paths of Shoemaker would be expected to function as intended, with each element in the combined context performing the same function as it did separately.
A person of ordinary skill in the art would be motivated to incorporate the teachings of Shoemaker because they are a known work in the same field of endeavor directed to solving the same problem, transfer of passengers or freight between transfer vehicles in motion, which would prompt its use based on design improvements that are predictable and recognized by one of ordinary skill in the art.
Regarding claim 3, Shoemaker teaches what Wiechers lacks:
The method of claim 1 wherein the second vehicle travels on a rail type system. [See at least Fig. 1, Ref. Numerals 12 and 14 (cars) on rails; Abstract]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Shoemaker as discussed above, see claim 2.
Regarding claim 4, Shoemaker teaches what Wiechers lacks:
The method of claim 1 wherein the first vehicle travels on or within a system where axes of motion are constrained such that the first vehicle is kept on the first path. [See at least Fig. 1, Ref. Numerals 12 and 14 (cars) on rails, transfer track (TT) and main track (MT); Col. 9, Lines 5-52]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Shoemaker as discussed above, see claim 2.
Regarding claim 5, Shoemaker teaches what Wiechers lacks:
The method of claim 1 wherein the second vehicle travels on or within a system where axes of motion are constrained such that the second vehicle is kept on the second path. [See at least Fig. 1, Ref. Numerals 12 and 14 (cars) on rails, transfer track (TT) and main track (MT); Col. 9, Lines 5-52]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Shoemaker as discussed above, see claim 2.
Regarding independent claim 10, Wiechers discloses:
A method for autonomously transferring cargo while in motion [See at least Abstract, Par. 0019, 0020] comprising:
providing a first autonomous vehicle [See at least Fig. 1F, Ref. Numeral 3 (receiving vehicle); Par. 0019, 0041] carrying a cargo container in a cargo area configured to carry the cargo container [See at least Par. 0021, cargo space] and traveling at a first speed along a first path; [See at least Par. 0009, 0023, 0034-0037]
providing a second autonomous vehicle [See at least Fig. 1F, Ref. Numeral 2 (transfer vehicle); Par. 0019, 0041] having a second cargo area configured to carry the cargo container [See at least Par. 0021, cargo space], with the second autonomous vehicle configured to accelerate, decelerate, and travel at a second speed along a second path; [See at least Par. 0009, 0023, 0034-0037]
receiving information of a first position, a first speed, and a first direction of the first autonomous vehicle and responsive to receiving information of the first autonomous vehicle's position, speed, and direction, calculating by one or more processors a cargo transfer location solution; [See at least Par. 0032, 0033, 0044]
accelerating, based on the cargo transfer location solution, the second autonomous vehicle to the second speed along the second path to within a cargo transfer location of the first autonomous vehicle; [See at least Par. 0014, 0015, 0033]
updating the cargo transfer location solution by receiving information of the first position, first speed, and the first direction of the first autonomous vehicle and comparing it by one or more processors to a second location, second speed, and second direction of the second autonomous vehicle [See at least Par. 0009, 0023, 0030, 0033] and
changing the second autonomous vehicle's position to match a desired first autonomous vehicle's position; [See at least Par. 0016]
transferring autonomously the cargo container from the first cargo area of the first autonomous vehicle to the second cargo area of the second autonomous vehicle; [See at least Par. 0020-0022]
While Wiechers discloses autonomous vehicles with control system and a method of transferring cargo while in motion, Wiechers does not address autonomous loading/unloading of cargo prior to or after the in-motion transfer between vehicles. With respect to these limitations, Sjostrom et al., directed to solving the same problem, autonomous cargo loading, teaches:
and autonomously unload the cargo container. [See at least Par. 0024, 0080]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Sjostrom et al. as discussed above, see claim 1.
While Wiechers discloses autonomous vehicles with control system and a method of transferring cargo while in motion, Wiechers does not disclose decelerating the second autonomous vehicle to a stop. With respect to these limitations, Shoemaker, directed to solving the same problem, transfer of passengers or freight between transfer vehicles in motion, teaches:
decelerating the second autonomous vehicle to a stop [See at least Col. 9, Lines 43-53]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Shoemaker as discussed above, see claim 2.
Regarding claim 11, Shoemaker teaches what Wiechers lacks:
The method of claim 10 wherein the first vehicle travels on a rail type system. [See at least Fig. 1, Ref. Numerals 12 and 14 (cars) on rails; Abstract]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Shoemaker as discussed above, see claim 2.
Regarding claim 12, Shoemaker teaches what Wiechers lacks:
The method of claim 10 wherein the second vehicle travels on a rail type system. [See at least Fig. 1, Ref. Numerals 12 and 14 (cars) on rails; Abstract]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Shoemaker as discussed above, see claim 2.
Regarding claim 13, Shoemaker teaches what Wiechers lacks:
The method of claim 10 wherein the first vehicle travels on or within a system where axes of motion are constrained such that the first vehicle is kept on the first path. [See at least Fig. 1, Ref. Numerals 12 and 14 (cars) on rails, transfer track (TT) and main track (MT); Col. 9, Lines 5-52]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Shoemaker as discussed above, see claim 2.
Regarding claim 14, Shoemaker teaches what Wiechers lacks:
The method of claim 10 wherein the second vehicle travels on or within a system where axes of motion are constrained such that the second vehicle is kept on the second path. [See at least Fig. 1, Ref. Numerals 12 and 14 (cars) on rails, transfer track (TT) and main track (MT); Col. 9, Lines 5-52]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Shoemaker as discussed above, see claim 2.
Regarding claim 15, Sjostrom et al. teaches what Wiechers lacks:
The method of claim 10 wherein the cargo container may be restrained within the first vehicle's first cargo area in at least one axis of motion. [See at least Figs. 5A, 5B (cargo units) constrained in at least one axis of motion within linear tracks, Fig. 2, Ref. Numerals 216 and 218]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Sjostrom et al. as discussed above, see claim 1.
Regarding claim 16, Sjostrom et al. teaches what Wiechers lacks:
The method of claim 10 wherein the cargo container may be restrained within the second vehicle's second cargo area in at least one axis of motion. [See at least Figs. 5A, 5B (cargo units) constrained in at least one axis of motion within linear tracks, Fig. 2, Ref. Numerals 216 and 218]
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wiechers to incorporate the teachings of Sjostrom et al. as discussed above, see claim 1.
Regarding claim 17, Wiechers discloses:
The method of claim 10 wherein the cargo container may be transferred by a motion control system. [See at least Fig. 1F, Ref. Numeral 12 (platform); Par. 0026, 0041]
For examination purposes, the conveyor belt and gripping arm options of Wiechers [See at least Par. 0026] fall within the BRI of a motion control system.
Regarding claim 18, Wiechers discloses:
The method of claim 10 wherein the cargo container may be transferred by a robotic arm. [See at least Fig. 2, Ref. Numeral 13 (gripping arm); Par. 0026, 0043]
Examiner's Note
Potentially Distinguishing Features: Examiner notes that the configuration of a high-speed rail system presents unique features and constraints compared to traditional rail or vehicle modes of transport, including the presence/absence of gaps in the outer tubular system (as shown in Figures 1-8) and precise timing, propulsion/acceleration, and alignment necessary to complete a transfer at extremely high speeds, exceeding those achievable by traditional rail or vehicle modes of transport.
Other potentially distinguishing features may be present in the application which are not currently included in the claims, those listed above are merely an illustrative example and Applicant may select additional features not yet discussed.
The potentially distinguishing features above are the most prominent examples which the Examiner has noted and Applicant is encouraged to review the prior art made of record [See PTO-892 Notice of References Cited], as each of these prior art references contain subject matter that relates to one or more of Applicant’s claim limitations. If Applicant chooses to amend the claims, Applicant is encouraged to review the noted features above in light of the prior art references and MPEP sections governing 35 U.S.C. 102 [See MPEP 2120, MPEP 2131, and MPEP 2114] and U.S.C. 103 [See MPEP 2120 and MPEP 2141].
Prior Art: Examiner has cited particular paragraphs and figures in the references as applied to the claims set forth hereinabove for the convenience of the Applicant. While the specified citations are representative of the teachings in the art and are applied to specific limitations within the individual claims, other passages and figures in the cited references may be applicable, as well. It is respectfully requested that the Applicant, in preparing any response to the Office Action, fully consider the references in their entirety as potentially teaching all or part of the claimed invention, in addition to the context of the passage(s) as taught by the prior art or as disclosed by the Examiner. Applicant is reminded that the Examiner is required to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definitions that are not specifically set forth in the claims.
English Translations: If a prior art reference has been relied upon to map the claim limitations that is in a language other than English, Examiner has provided both the original reference and an English translation of the reference as attachments to the Office Action. Applicant is encouraged to refer to the provided English translation for cited pages and/or paragraphs in the mapping of prior art to claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure [See PTO-892 Notice of References Cited] because the prior art references contain subject matter that relates to one or more of Applicant’s claim limitations. Including:
High-speed rail: US 2020/0095075, CN 115339483, RU 2547913, WO 2021/195293, US 2022/0105965
Overtaking and matching vehicle speeds/coupling: EP 2390185, US 6679181, US 9527394
Autonomous loading: WO 2021/195293, WO 2021/133995, US 2018/0056848
Cargo rails: US 2005/0175426, WO 9213760, US 2015/0108273
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at (571) 270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EM/Examiner, Art Unit 3655
/JACOB S. SCOTT/Supervisory Patent Examiner, Art Unit 3655