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 .
DETAILED CORRESPONDENCE
This is in response to the papers filed 11/03/2023 and the election made on 04/30/2026 for Application No. 18/501,356. By the amendment, claims 1-20 are pending with claims 14-20 being withdrawn.
Election/Restrictions
Applicant’s election without traverse of Group I, represented by claims 1-13, in the reply filed on 04/30/2026 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDSs’) received on 02/19/2025, 06/11/2025, 10/11/2025, 11/05/2025, 12/05/2025, 01/06/2026, 02/03/2026, 03/03/2026, 04/03/2026 and 04/30/2026 have been considered by the examiner.
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.
(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.
Claims 1-8 and 13 are rejected under 35 U.S.C. §102(a)(1) as being anticipated by Wussmur (US 2023/0163390 A1).
Regarding claim 1, Wussmur discloses an electrified fire fighting vehicle comprising:
a chassis; an energy storage system (12) supported on the chassis (146); and
a breakaway mount coupled between the chassis (146) and the energy storage system (12) and including a shear pin (i.e., shear pin 142A/B),
wherein the shear pin (i.e., shear pin 142A/B) is configured to fail during an impact event and allow the energy storage system (12) to displace laterally relative to the chassis (146).
Regarding claim 2, Wussmur discloses the electrified fire fighting vehicle of claim 1, wherein the breakaway mount (i.e., battery pack protection backet 103 includes shear pin 142A/B) is coupled between a laterally-outer sidewall of the chassis (146) and a rack floor of the energy storage system (12).
Regarding claim 3, Wussmur discloses the electrified fire fighting vehicle of claim 1, wherein the energy storage system (12) includes a rack (104) and a rack floor (figs. 1, 3 and 5; i.e., floor 110), wherein the rack floor includes a frame recess (paras. [0024], [0025]).
Regarding claim 4, Wussmur discloses the electrified fire fighting vehicle of claim 3, wherein the breakaway mount (i.e., battery pack protection backet 103 includes shear pin 142A/B) is at least partially arranged within the frame recess (paras. [0024], [0025] and [0034]).
Regarding claim 5, Wussmur discloses the electrified fire fighting vehicle of claim 4, wherein the frame recess defines a lateral gap (figs. 1-3; paras. [0024] and [0032] - [0034], i.e., a gap or distance between battery pack 102 and vehicle protection bracket 130 or vehicle frame or shown after battery pack 102 shifted laterally or crosswise along the vehicle width direction from side impact), and
wherein the energy storage system (12) is allowed to move laterally within the lateral gap between an installed state (fig. 2A) and a displaced state (fig. 2B).
Regarding claim 6, Wussmur discloses the electrified fire fighting vehicle of claim 5, wherein the shear pin (i.e., shear pin 142A/B) is configured to hold the energy storage system (12) in the installed state (figs. 3 and 4A).
Regarding claim 7, Wussmur discloses the electrified fire fighting vehicle of claim 1, wherein the chassis (146) defines a wheelbase (fig. 3).
Regarding claim 8, Wussmur discloses the electrified fire fighting vehicle of claim 7, wherein the energy storage system (12) is arranged within the wheelbase (fig. 3).
Regarding claim 13, Wussmur discloses the electrified fire fighting vehicle of claim 1, wherein a height of the energy storage system (12) is flush with or shorter than a top of a front cabin (figs. 1 and 5; para. [0025], i.e., battery pack 12 is disposed under the passenger compartment).
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 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wussmur as applied to the claims above in view of Kumagai (US 2024/0010078 A).
Regarding claims 9 and 10, Wussmur discloses the electrified fire fighting vehicle of claim 7 includes individual battery cells are grouped into a distinct clusters 114A-D but does not specifically teach a secondary energy storage system and/or a tertiary energy storage system arranged rearward of one another. The use of having more than one energy storage system in electric vehicles for enhanced reliability and optimized power/capacity is well recognized to a skilled person in the art.
Kumagai discloses an electric truck with three battery storage systems for mounting three battery packs 4 adjacently arranged in a vehicle length direction D1 or rearward of one another. See Figures 1-3; para. [0056]. Electric vehicles that have more than one battery modules or battery storage systems to provide more power and reduce frequency of deep charge cycles is well recognized to a skilled person in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the energy storage system of Wussmur, with a reasonable expectation of success, to have more than one battery pack or energy storage system and includes a secondary energy storage system arranged rearward of the primary energy storage system and a tertiary energy storage system arranged rearward of the secondary energy storage system as taught by Kumagai in order to provide two and three battery packs as the predictable results of enhancing driving range and more power in acceleration. In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was filed, to comprise a plurality of battery storage or energy storage systems, as it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. See also, MPEP § 2144.05 which states: In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies ** in the joint, and a plurality of "ribs" ** >projecting outwardly from each side of the web into one of the adjacent concrete slabs. <The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wussmur as applied to the claims above in view of Bertz et al. (US 2016/0145941 A1).
Regarding claim 12, Wussmur discloses the electrified fire fighting vehicle of claim 1 includes the energy storage system but does not specifically teach a ladder support system or a rack that supports a portion of a ladder, when the ladder is in a stowed position. Ladder support systems, particularly for supporting a portion of a ladder and securing the ladder to the vehicle during transit is well recognized to a skilled person in the art.
Betz discloses a vehicle includes a ladder support system for portion of an aerial ladder assembly 200 and the ladder is in a stowed position or not actuated. See Figures 1-5; paragraph [0050].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention for the electric vehicle of Wussmur with an expectation of success to have a ladder support system that supports a portion of a ladder, when the ladder is in a stowed position as taught by Betz in order to safely secure the ladder to the electric vehicle and prevent dangerous shifting during driving conditions.
Allowable Subject Matter
Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 11, the prior art of record fails to disclose or render obvious discloses the electrified fire fighting vehicle of claim 10 and in combination with the remaining features recited.
Conclusion
The prior art made of record and are applicable to at least claims 1-8 and 13 of applicant's disclosure.
Guss et al. (US 2009/0242298 A1) discloses an electrically propelled vehicle includes a breakaway mount with a shear pin 18, see Figure 2; and
Faruque et al. (US 2017/0029034 A1) discloses a sliding protective battery support tray includes a shear pin 50, see Figures 9 and 10.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tinh T Dang whose telephone number is (571)270-1776. The examiner can normally be reached Monday - Friday, 9AM - 5PM.
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/TINH T DANG/Primary Examiner, Art Unit 3655 May 16, 2026
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