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 ACTION
Claims 1 – 11 have been 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 – 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Uemura et al. (11,258,218) in view of Takeuchi et al. (9,796,241).In regard to claim 1, Uemura discloses an electric work vehicle configured to travel and perform work with use of driving force output from a motive power source, the electric work vehicle comprising a battery configured to supply electric power to the motive power source (Fig. 1, item 1), a charger configured to charge the battery with electric power supplied from an external power source (Fig. 1, item 2), and a control unit configured to control processing for supplying electric power to the battery performed by the charger (Fig. 1, item 13), wherein the charger is provided outside a vehicle body.
In regard to claim 9, Uemura discloses wherein the motive power source is a left travel motor as an electric motor for travel, a right travel motor as the electric motor for travel, and a mower motor as an electric motor for work (column 5, lines 1 – 4).
Uemura does not disclose a warmup mode. In regard to claim 1, Takeuchi discloses an electric work vehicle configured to travel and perform work with use of driving force output from a motive power source, the electric work vehicle comprising a control unit configured to control processing for supplying electric power to a battery performed by a charger (Fig. 1, item 13), wherein the control unit is configured to switch between a warm-up mode of charging the battery and causing the battery to perform a warm-up operation and a charging mode of charging the battery without causing the battery to perform the warm-up operation (Fig. 16, showing heat storage mode on and off).
In regard to claim 2, Takeuchi discloses a manual operation tool configured to enable a mode switching operation to be manually performed on the control unit (column 19, lines 53 – 57).
In regard to claim 3, Takeuchi discloses wherein the control unit includes a wireless communication unit configured to perform wireless communication with a communication terminal, and wherein the control unit is controlled in accordance with operation information from the communication terminal (column 38, lines 17 – 23).
In regard to claim 4, Takeuchi discloses wherein the communication terminal includes a display unit configured to display a status of control performed by the control unit (column 38, lines 17 – 23, wherein a display is an inherent component of a modern cellular phone).
In regard to claim 5, Takeuchi discloses wherein the control unit includes a timer unit configured to turn on and off the warm-up operation in response to a predetermined time having elapsed (column 20, lines 46 – 60).
In regard to claim 6, Takeuchi discloses wherein the motive power source is an electric motor (column 6, lines 6 – 16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the temperature control apparatus and method of Takeuchi, to the electric work vehicle of Uemura, in order to optimize charge efficiency and maximize battery lifetime.
Uemura in view of Takeuchi does not disclose the use of a hydraulic device. In regard to claim 7, as Official Notice was taken and not traversed, that hydraulic drive devices are old and well known in the art, this finding is considered to be applicant admitted prior art.
Allowable Subject Matter
Claims 8 and 10 – 11 are 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: Uemura et al. (11,258,218) discloses an electric work vehicle similar to the instant invention; however Uemura, either alone or in combination, neither discloses nor suggests an electric work vehicle comprising (in regard to claim 8) a manual operation tool configured to enable a mode switching operation to be manually performed on the control unit, wherein the charger comprises the manual operation tool, (in regard to claim 10) wherein a method of the warm-up operation is a method in which the battery is forcibly charged and discharged to generate internal heat, and (in regard to claim 11) wherein a method of the warm-up operation is a method in which the left travel motor, the right travel motor, and the mower motor are driven with electric power from the battery to generate internal heat in the battery. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Response to Arguments
Applicant’s arguments with respect to claims 1 – 7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613
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