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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the set of plates extends above the secondary frame rails (claim 6), the battery management system (claim 9), and “the pair of main frame rails provided with a uniform set of bolt hole patterns to be used for attachment of any of the set of multiple configurable rear payload modules, and wherein the chassis frame further includes a uniform set of bracket assemblies, the uniform set of bracket assemblies including include a lower set of bolt holes that interface with the bolt hole patterns on the frame rails of the pair of main frame rails and an upper portion of individual brackets that includes an attachment mating structure for securing one or more of different ones of the set of multiple configurable rear payload modules” (claim 14) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
In line 2 of claim 6, the recitation of “standard set of mounting holes” renders the claim indefinite because the term “standard” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In lines 3-4 of claim 6, the recitation that the set of plates extends “above” the secondary frame rails renders the claim indefinite because it is unclear how the plates extend above the secondary frame rails; as best understood, the secondary frame rails are the highest frame rails located on top of the main frame rails, and there are no plates that extend above them.
In claim 10, the recitation “wherein the chassis frame has a resistance bending moment that ranges from 1-4 million” renders the claim indefinite because it is unclear what 1-4 million means, as there are no bending moment units associated with the value range.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 14 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. With respect to claim 14, the structure “wherein the pair of main frame rails are provided with a uniform set of bolt hole patterns to be used for attachment of any of the set of multiple configurable rear payload modules, and wherein the chassis frame further includes a uniform set of bracket assemblies, the uniform set of bracket assemblies including include a lower set of bolt holes that interface with the bolt hole patterns on the frame rails of the pair of main frame rails and an upper portion of individual brackets that includes an attachment mating structure for securing one or more of different ones of the set of multiple configurable rear payload modules” is unclear because it is not described in the specification or shown in the drawings to understand what the brackets and bolt hole patterns are, where they are located, and how they are connected.
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.
Claim(s) 1 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bollinger (Video entitles “ALL-ELECTRIC FLEET-READY CLASS 3 PLATFORMS – Bollinger Motors” available at <https://www.youtube.com/watch?v=8OnXd9ndx-0> to Bollinger Motors).
With respect to claim 1, Bollinger discloses a universal chassis frame (the “Chass-E” chassis frame shown at 0:24 to 1:39 for the all-wheel drive configuration, which is universal by being capable of supporting any of a set of multiple rear payload modules as shown at 3:30 to 6:14) for a configurable electric truck having a gross vehicle weight rating in a range of 10,001-26,000 lbs (Class 3 vehicle has weight between this range; 0:53 to 1:39) with the chassis frame configured to interface with any of a set of multiple configurable rear payload modules (a set of rear payload modules, the rear payload modules including at least in part the bucket assembly of a bucket truck configuration shown at 5:01 to 5:24 and the towing assembly of the tow truck configuration shown at 5:01 to 5:24, where the "Chass-E" chassis frame shown at 0:24 to 1:39 is capable of interfacing with any of the set of the rear payload modules), the universal chassis frame comprising: a central frame (the central frame including the widest region of the chassis between the front and rear axles; 1:23 to 1:39) having a pair of main frame rails (the pair of longitudinally-extending main frame rails at the outboard sides of the central frame of the chassis; 1:23 to 1:39) configured to support at least two battery modules (battery modules of a battery pack shown in the center of 1:23 to 1:39, the battery modules of the battery pack further shown at 6:14 to 7:22, each battery pack including four strings of 16 battery modules each, as shown from 6:55 to 7:22) substantially within an intra-frame space (a space between the pair of longitudinally-extending main frame rails at the outboard sides of the central frame of the chassis; 1:23 to 1:39) defined between the pair of main frame rails and between at least a pair of cross members (a pair of laterally-extending cross members at the front and rear sides of the central frame, best seen in the bottom perspective view of the chassis frame from 2:37 to 2:44) transversely interconnected to the pair of main frame rails; a front subframe (the front subframe supporting the front axle at the left side of the chassis frame from the perspective of 1:23 to 1:39) configured to support a cab (the front subframe supporting the front axle at the left side of the chassis frame from the perspective of 1:23 to 1:39 is capable of supporting at least a portion of a cab shown at the left side of the truck in the "B2CC" configuration at 5:03 to 5:22), the front portion including a pair of upper frame members (a pair of upper frame members including the longitudinally-extending outboard pair of rails of the front subframe at the left side of the chassis frame from the perspective of 1:23 to 1:39) mounted directly above the corresponding pair of the main frame rails (the pair of upper frame members including the longitudinally-extending outboard pair of rails of the front subframe at the left side of the chassis frame from the perspective of 1:23 to 1:39 mounted directly above the central frame as best seen from the bottom perspective view of 2:37 to 2:44); a rear subframe (the rear subframe supporting the rear axle at the right side of the chassis frame from the perspective of 1:23 to 1:39) having a common connection interface (a common interface including at least a top surface of the rails of the rear subframe, at the right side of the chassis frame from the perspective of 1:23 to 1:39, that connects to any of a set of multiple configurable rear payload modules shown at 3:30 to 6:14) configured to support any of the set of multiple configurable rear payload modules; and a front axle unit (the front axle unit that connects to the front wheels at the left side of the chassis frame from the perspective of 1:23 to 1:29) mounted under the front subframe (the front subframe supporting the front axle at the left side of the chassis frame from the perspective of 1:23 to 1:39, the front axle unit connecting under at least a portion of the front subframe as shown in part in the foreground at 2:37 to 2:44) and at least one rear axle unit (the rear axle unit that connects to the rear wheels at the right side of the chassis frame from the perspective of 1:23 to 1:29) mounted under the rear subframe (the rear subframe supporting the rear axle at the right side of the chassis frame at 1:23 to 1:39, the front axle unit connecting under at least a portion of the rear subframe as shown in part in the background at 2:37 to 2:44), each axle unit having a single electric motor (a front electric motor and a rear electric motor connected to the front axle unit and rear axle unit, respectively, for the all-wheel drive model of the Chass-E chassis frame, the front electric motor shown within the front subframe at the left side of the chassis frame at 1:23 to 1:39, the rear electric motor shown within the rear subframe at the right side of the chassis frame at 1:23 to 1:39, each electric motor exemplified by the motor shown at the right side at 1:55 to 1:59 and further shown with respect to the front subframe in foreground at 2:37 to 2:44, where the powertrain of the front subframe is described as a "mirror image" of the powertrain at the rear subframe in the audio at 1:56 to 2:16) powered by the battery modules (the electric motors implied to be powered by the battery modules of a battery pack shown in the center of 1:23 to 1:39, the battery modules of the battery pack further shown at 6:14 to 7:22).
With respect to claim 15, Bollinger discloses wherein the set of multiple configurable rear payload modules is selected to configure the universal chassis frame as one or more of a service truck, a flatbed truck, a box truck, a dump truck, a garbage truck, a street cleaner, a roll off truck, a bus, a mini-bus, a recreational vehicle, a telescopic aerial bucket truck, a cherry picker truck, a food service truck, a snow removal truck, a heavy-duty service truck, an ambulance, and a rescue vehicle (shown at 3:30 to 6:14 of the video).
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 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bollinger in view of Rowe et al. (US 7,270,346).
With respect to claim 2, Bollinger discloses the claimed invention discussed above but does not disclose wherein the electric motor for each of the front axle unit and the at least one rear axle unit is mounted forward of the corresponding axle unit. Rowe, however, disclose the electric motors (158) for each of the front axle unit (frontmost 130 in Fig 1) and the rear axle (rearmost axles 130 in Fig 1) is mounted forward of the corresponding axle units (Fig 1). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Bollinger in view of the teachings of Rowe to mount the motors in front of the corresponding axle unit in order to distribute weight of components connected to the chassis frame for improving stability of the truck, and it has been held that rearranging parts of an invention involves only routine skill in the art.
Claim 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bollinger in view of Lu et al. (CN106275083A).
With respect to claim 3, Bollinger discloses the claimed invention discussed above and wherein the rear subframe includes a pair of secondary frame rails (pair of secondary frame rails including the longitudinally-extending outboard pair of rails of the rear subframe at the right side of the chassis frame from the perspective of 1:23 to 1:39) and at least a pair of cross members (at least two of the laterally-extending rails of the rear subframe at the right side of the chassis frame from the perspective of 1:23 to 1:39), wherein the pair of secondary frame rails extend rearward of the pair of main frame rails (the pair of longitudinally-extending main frame rails at the outboard sides of the chassis; 1:23 to 1:39) but does not disclose wherein the pair of secondary frame rails are positioned on top of the pair of main frame rails. Lu et al., however, disclose a pair of secondary frame rails (the bottom pair of longitudinally-extending frame rails of the rear subframe; Fig 2) that extend rearward of and on top of a pair of main frame rails (the bottom-most pair of longitudinally-extending main rails of the central frame extending longitudinally from the A-pillars 70 in Fig 2). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Bollinger in view of the teachings of Lu et al. to have the pair of secondary rails on top of the pair of main frame rails to provide a desired ground clearance for a body or other components connected to the rear subframe.
Claim 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bollinger in view of Lu et al., as applied to claims 1 and 3 discussed above, and further in view of Loacker (USPub 2021/0094400).
With respect to claim 4, the combination of Bollinger and Lu et al. discloses the claimed invention discussed above but does not disclose wherein each of the pair of main frame rails and the pair of secondary frame rails has a C-shaped cross- section oriented inwardly, and each of the at least pair of cross members has an I- shaped cross-section. Loaker, however, disclose longitudinal frame members (9) that have a C-shaped cross-section and cross members (7, 8) that have an I-shaped cross-section (Fig 1). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to further modify the invention of Bollinger in view of the teachings of Loacker to have the main frame and secondary frame rails have a C-shaped cross-section and the cross members have an I-shaped cross-section in order to suitably couple batteries or other body components of the electric truck to the chassis frame.
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bollinger in view of Lu et al. and Loacker, as applied to claims 1, 3, and 4 discussed above, and further in view of Zhang et al. (CN110509998A).
With respect to claim 5, the combination of Bollinger, Lu et al., and Loacker discloses the claimed invention discussed above but does not disclose wherein the pair of main frame rails and the pair of secondary frame rails are operably connected by a set of plates extending horizontally there between on an outer side of both of the corresponding frame rails. Zhang et al., however, disclose a pair of main frame rails (1) and a pair of secondary frame rails (4) that are operably connected by a set of plates (2) extending horizontally there between on an outer side of both of the corresponding frame rails (Fig 1). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to further modify the invention of Bollinger to connect the main frame rails and secondary frame rails with a plate in order to provide a connection between chassis frame sections that is convenient for assembly, replacement, and/or maintenance.
Claims 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bollinger in view of Loacker (USPub 2021/0094400).
With respect to claims 7-8, Bollinger discloses the claimed invention discussed above as well as an axle mount box structure formed in the pair of secondary frame rails of the front subframe, wherein the front axle unit is only mounted to the axle mount box structure of the front subframe (as shown at 1:23 to 1:39 of video), and an axle mount box structure formed of a pair of secondary frame rails of the rear subframe, wherein the rear axle unit is only mounted to the axle mount box structure of the rear subframe (as shown at 1:23 to 1:39 of video) but does not disclose wherein each of the secondary frame rails has a C-shaped cross- section oriented inwardly, and each of the cross members has an I- shaped cross-section. Loaker, however, disclose longitudinal frame members (9) that have a C-shaped cross-section and cross members (7, 8) that have an I-shaped cross-section (Fig 1). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Bollinger in view of the teachings of Loacker to have the secondary frame rails have a C-shaped cross-section and the cross members have an I-shaped cross-section in order to suitably couple other body components of the electric truck to the chassis subframes.
Claims 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bollinger in view of Yan et al. (CN108275063A).
With respect to claim 9, Bollinger discloses the claimed invention discussed above but does not disclose further comprising a battery management system electrically connected to the at least two battery modules and configured to manage distribution of electrical power from the at least two battery modules to the single electric motor of each axle unit to provide propulsion, and wherein at least one of the rear payload modules includes an auxiliary power unit, and wherein the battery management system is electrically connectable to the auxiliary power unit to provide auxiliary power in addition to propulsion. Yan et al., however, disclose a battery management system electrically connected to at least two battery modules (7) and configured to manage distribution of electrical power to the propulsion motors (page 4, lines 58-60) and a rear payload module (auxiliary power for air conditioner for refrigerated truck 26, page 4, lines 58-60 – page 5, lines 1-2). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Bollinger in view of the teachings of Yan et al. to have a battery management system in order to efficiently utilize the battery module packs to power any and all of the desired vehicle components including driving the axles and powering the rear payload modules.
Claims 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bollinger.
With respect to claim 10, Bollinger discloses the claimed invention discussed above but does not disclose wherein each of the pair of main frame rail has a height within a range of approximately four to twelve inches and is formed of one of an 80k tensile high-strength/low-alloy steel or an ASTM 6560 Grade 80 material, and wherein the chassis frame has a resistance bending moment that ranges from 1-4 million. However, it would have been obvious to one having ordinary skill in the art before the invention was filed to form each of the pair of main frame rail has a height within a range of approximately four to twelve inches, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. It would have been obvious to form the main frame rails of one of an 80k tensile high-strength/low-alloy steel or an ASTM 6560 Grade 80 material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Finally, it would have been obvious to form the chassis frame such that it has any desired resistance bending moment, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
With respect to claim 11, Bollinger discloses wherein a center of gravity of the configurable electric truck without accounting for any operator or payload weight is proximate a center of the configurable electric truck in plan view, and more particularly within approximately zero to four inches of a center line of a wheel base defined between a middle of a width of the front axle unit and a middle of the at least one rear axle unit (due to symmetric nature of the front, main, and rear frame assemblies, but Bollinger does not specifically disclose that the center of gravity is within approximately two to ten inches above a plane defined by a top of the pair of main frame rails. The battery pack modules of Bollinger are generally within a side profile of the main frame members (as shown throughout the video and especially when using the slimmer 105 KWH pack shown at 6:28 to 6:50), which keep the center of gravity as close to the height of the main frame as possible. With the rear subframe secondary frame rails located on top of the main frame rails, the center of gravity would be raised, but it would have been obvious to one having ordinary skill in the art before the invention was filed to size the secondary rails and corresponding cross members such that the center of gravity is within approximately two to ten inches above a plane defined by a top of the pair of main frame rails, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Claims 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bollinger in view of Zhang et al. (CN110509998A).
With respect to claims 12 and 13, Bollinger discloses the claimed invention discussed above but does not disclose wherein wherein the at least two battery modules packs are sized and configured to fit within a side profile defined by the pair of main frame rails and wherein the at least two battery modules more specifically do not protrude above or above and below the side profile defined by a frame rail of the pair of main frame rails. Zhang et al., however, disclose battery module packs (130) that are sized to fit within a side profile defined by a pair of main frame rails and wherein the at least two battery modules more specifically do not protrude above or above and below the side profile defined by a frame rail of the pair of main frame rails (Figs 1, 13, and 15). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Bollinger in view of the teachings of Zhang et al. to have the battery module packs and main frame rails sized as discussed above in order to prevent the battery pack modules from interfering with other vehicle components or the rear payload module.
Allowable Subject Matter
Claims 6 and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW J BROWN whose telephone number is (571)272-1362. The examiner can normally be reached on Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Dickson can be reached on 571-272-7742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DREW BROWN
Primary Examiner
Art Unit 3616
/DREW J BROWN/Primary Examiner, Art Unit 3614