DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Medicine
Status of Claims
This action is in reply to the communications filed on 3/27/2026.
The Examiner notes claims 1-11 are currently pending and have been examined. Claim(s) 1 is/are currently amended, and all other claims are original or previously presented.
Please see the Response to Amendments and Response to Arguments sections below for more details.
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.
And/or
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 & 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lucas et al. (US 20140252996), hereinafter Lucas.
Regarding claim 1. Lucas discloses a cleaning vehicle comprising:
a chassis [Fig 1 & 12; 50 & 82 form a chassis];
a cleaning portion provided at a lower portion of the chassis to clean a road surface [Fig 4; 51 is a cleaning portion as it generates air flow that blows dirt and debris on a road surface away and/or into the hopper/bag at the back of the chassis];
a user placement portion [Fig 1; 55a and 55b and associated sub-parts comprise the user placement portion] provided further rearward than the cleaning portion at the chassis [Fig 1-5] and including a gripping portion that is gripped by a user [Fig 1-6; the end portion of 55a furthest from the cleaning portion is the gripping portion that is to be gripped by a user]; and
an electrical unit configured to drive the cleaning portion [Fig 9; ¶67-¶68; 21, 52, 56, 83, & 85-36 form an electrical unit],
further comprising a battery holding portion configured to hold an attachable and detachable battery and thereby supply electric power from the battery to the electrical unit [Fig 9, 12-13, 36A-36B, & 38-39, 52 is a battery assembly that has an attachable and detachable battery is held by a battery holding portion (52 in Fig 12-13 is the battery holding portion with a battery inside) in the forward portion of the chassis]
wherein the battery holding portion includes an opening through which the battery is inserted [Fig 36B & 38-39],
at least one part of the battery holding portion is provided on an inner side of the chassis [Fig 8 & 12-13; a portion of the battery holding portion is within the chassis], and at least another part of the battery holding portion including the opening projects to an outside of the chassis [Fig 1-2, 5, 8, 12-13 & 36A-36B; the opening, includes a lid, project to outside of the chassis (See Applicant Specification ¶45 for including a lid as part of the opening)] at a position further forward than the cleaning portion [Fig 9 & 29A; the opening is further forward than some of the cleaning portion], and at least one part of the battery held by the battery holding portion projects to the outside of the chassis [Fig 38; a portion of the battery projects out of the chassis].
Regarding claim 2. Lucas discloses the cleaning vehicle according to claim 1, wherein the opening is located above the cleaning portion [Fig 9; the opening is above the cleaning portion].
Regarding claim 3. Lucas discloses the cleaning vehicle according to claim 2, wherein the battery holding portion includes an axis that defines an insertion direction of the battery, and the axis is inclined in a manner so that the opening is located further forward than a lower portion of the battery holding portion or is in a vertical direction [Fig 36B & 38; the battery is inserted in a vertical direction].
Regarding claim 4. Lucas discloses the cleaning vehicle according to claim 1,wherein at least part of the battery holding portion is provided on an inner side of a cover that forms the chassis, and the opening is provided so as to project out from the cover [Fig 36A-36B; the opening includes a lid that projects out from the cover (See Applicant Specification ¶45 for including a lid as part of the opening)].
Regarding claim 5. Lucas discloses the cleaning vehicle according to claim 1, wherein the opening is provided above a front wheel provided to the chassis [Fig 9 & 38; the opening is provided at a height further above the front wheels].
Regarding claim 8. Lucas discloses the cleaning vehicle according to claim 1, wherein the electrical unit includes a motor [56] that rotates the cleaning portion and a power adjusting portion [21] that adjusts electric power supplied from the battery to the motor [¶68], and the battery holding portion, the motor, and the power adjusting portion are provided on a widthwise inner side of a pair of gripping portions that are gripped by the user [Fig 1-9; the two rods of 55a & 55b are on left and right sides form a pair of gripping portion and have inner sides (similar to items 30a of the Applicant’s invention); the battery holding portion, the motor, and the power adjusting portion are provided between the inner sides of the pair of gripping portions].
Regarding claim 9. Lucas discloses the cleaning vehicle according to claim 8, wherein the battery holding portion, the motor, and the electric power adjusting portion are provided at positions including a widthwise center line of the chassis [Fig 1-9 & 38-39].
Regarding claim 10. Lucas discloses the cleaning vehicle according to claim 8, further comprising an exhaust hole communicating with a space in which the motor or the electric power adjusting portion is disposed [Fig 8-9, 12-15, & 38; ¶74 & ¶89; the arrows in Fig 38 indicate exhaust air flow that passes the power adjusting portion (21)], wherein the opening is located further forward than the exhaust hole [Fig 38].
Regarding claim 11. Lucas discloses the cleaning vehicle according to claim 10, wherein the opening is located above the exhaust hole [Fig 38].
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lucas et al. (US 20140252996).
Regarding claim 6. Lucas discloses the cleaning vehicle according to claim 5, but Lucas may not explicitly disclose wherein a center of gravity of the battery holding portion in a state of holding the battery is located at a position overlapping the front wheel in a plan view of the chassis.
However depending on a battery configuration, the center of gravity of the battery and battery holding portion will overlap the front wheel in a plan view of the chassis. It is noted that the Fig 38 is not to scale. A person of ordinary skill in the art would understand that depending on the geometry and scale of the figure Lucas teaches configurations that a center of gravity of the battery holding portion in a state of holding the battery is located at a position overlapping the front wheel in a plan view of the chassis.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lucas et al. (US 20140252996) in view of Colber et al. (US 20200245555), hereinafter Colber.
Regarding claim 7. Lucas discloses the cleaning vehicle according to claim 1, but may not explicitly disclose wherein the chassis is provided with a drive wheel located further rearward than the cleaning portion.
However Colber teaches a similar cleaning vehicle wherein the chassis [110] is provided with a drive wheel located further rearward than the cleaning portion [Fig 14; ¶43; 114 are located further rearward of the cleaning portion and are drive wheels].
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 rear wheels as disclosed by Lucas to be drive wheels for the purpose of making the cleaning vehicle a self-propelled vehicle [Colber: ¶43].
Response to Arguments
35 U.S.C. 102 & 103 Rejections
Applicant's arguments, see Pages 5-6, filed 3/27/2026 have been fully considered but are not persuasive.
The Applicant claims that Lucas does not disclose or teach that the battery holding portion nor the battery project from the chassis.However as shown above in the rejection, Lucas does teach both the battery holding portion and the battery projecting from the chassis.
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 inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R MCCONNELL whose telephone number is (303)297-4608. The examiner can normally be reached Monday-Thursday 0700-1600 MST [0900-1800 EST] 2nd Friday 0700-1500 MST [0900-1700 EST].
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/AARON R MCCONNELL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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