DETAILED ACTION
This is a first action on the merits, in response to the claims received 1/9/2024. Claims 1-17 are pending for prosecution below.
Information Disclosure Statement
The information disclosure statement (IDS)(s) file on have been considered by the examiner. An initialed copy is attached herewith.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ruth, US2013/0126251 in view of Warner et al, (Warner), (USNO.2016/0023564)
As for claim 1, Ruth discloses and shows in Figs.2-3 an electric vehicle suitable for use in heavy duty applications such as mining, heavy haulage, earth moving or road maintenance, the electric vehicle comprising at least one electric motor for providing motive power to the vehicle, at least one battery for supplying electricity to the at least one electric motor, a connector (ref’s electrical contactor) for connecting to an electrical conductor, whereby the electrical conductor provides electricity to the battery and/or vehicle when the connector is connected to the electrical conductor (par.[0021,0025,0032-0034])
Ruth discloses the claimed invention except for a battery has a power density of from 5000 to 100,000 W/kg and an energy density of from 5 to 1000 Wh/kg. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a power density of from 5000 to 100,000 W/kg and an energy density of from 5 to 1000 Wh/kg, it would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
As for claim 2, Ruth discloses the claimed invention except for a battery has a battery can be discharged at greater than 2C, or greater than 5C, or greater than 10C, or greater than 20C, or greater than 50C, or greater than 100C, or greater than 200C, or greater than 300C, or greater than 400C, or even greater than 500C, or wherein the
battery can be charged at up to 600C . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a battery can be discharged at greater than 2C, or greater than 5C, or greater than 10C, or greater than 20C, or greater than 50C, or greater than 100C, or greater than 200C, or greater than 300C, or greater than 400C, or even greater than 500C, or wherein the
battery can be charged at up to 600C, it would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
As for claim 3, Ruth discloses the claimed invention except for a battery has a battery can be charged at greater than 2C, or greater than 5C, or greater than 10C, or greater than 20C, or greater than 50C, or greater than 100C, or greater than 200C, or greater than 300C, or greater than 400C, or even greater than 500C, or wherein the
battery can be charged at up to 600C . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a battery can be charged at greater than 2C, or greater than 5C, or greater than 10C, or greater than 20C, or greater than 50C, or greater than 100C, or greater than 200C, or greater than 300C, or greater than 400C, or even greater than 500C, or wherein the
battery can be charged at up to 600C, it would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
As for claim 4, Ruth discloses the claimed invention except for a battery has a power density of from 5000 to 1000,000 W/kg, or from 5000 to 90000 W/kg, or from 5000 to 80000 W/kg, or from 5000 to 70000 W/kg, or from 5000 to 60000 W/kg, or from 5000 to 50000 W/kg, or from 5000 to 40000 W/kg, or from 5000 to 30000 W/kg, or from 5000 to 20000 W/kg. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a power density of from 5000 to 1000,000 W/kg, or from 5000 to 90000 W/kg, or from 5000 to 80000 W/kg, or from 5000 to 70000 W/kg, or from 5000 to 60000 W/kg, or from 5000 to 50000 W/kg, or from 5000 to 40000 W/kg, or from 5000 to 30000 W/kg, or from 5000 to 20000 W/kg, it would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
As for claim 5, Ruth discloses the claimed invention except for a battery has an energy density of from 5 to 1000 Wh/kg, or from 5 to 900 Wh/kg, or from 5 to 800 Wh/kg, or from 5 to 700 Wh/kg, or from 5 to 600 Wh/kg, or from 5 to 500 Wh/kg, or from 5 to 400 Wh/kg, or from 5 to 300 Wh/kg, or from 5 to 200 Wh/kg, or from 5 to 100 Wh/kg. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use an energy density of from 5 to 1000 Wh/kg, or from 5 to 900 Wh/kg, or from 5 to 800 Wh/kg, or from 5 to 700 Wh/kg, or from 5 to 600 Wh/kg, or from 5 to 500 Wh/kg, or from 5 to 400 Wh/kg, or from 5 to 300 Wh/kg, or from 5 to 200 Wh/kg, or from 5 to 100 Wh/kg, it would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
As for claims 6 and 7, Ruth discloses the claimed invention except for a battery includes tungsten oxide battery chemistry. Furthermore, a positive electrode of the battery contains no carbon. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to for a battery includes tungsten oxide battery chemistry and turthermore, a positive electrode of the battery contains no carbon, it would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
As for claim 8, Ruth discloses the claimed invention except for a battery has a capacity of from 60 - 600 kWh, or from 60-100kWh for smaller haul trucks or from 100 - 600kWh for larger vehicles, or charge and discharge rates are in the order of 200kW to 4MW and the charge cycle is from 1 minute to 60 minutes, or from 2 minutes to 60 minutes, or from 5 minutes to 60 minutes, or from 15-60 minutes . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a battery has a capacity of from 60 - 600 kWh, or from 60-100kWh for smaller haul trucks or from 100 - 600kWh for larger vehicles, or charge and discharge rates are in the order of 200kW to 4MW and the charge cycle is from 1 minute to 60 minutes, or from 2 minutes to 60 minutes, or from 5 minutes to 60 minutes, or from 15-60 minutes, it would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
As for claim 9, Ruth discloses and shows in Figs.2-3 electric vehicle as claimed in any one of the preceding claims 1, wherein the electrical conductor to which the vehicle can electrically connect during driving may comprise a track or rail
As for claim 10, Ruth discloses all limitations, but differs from the claimed invention because he does not explicitly disclose electrical conductor comprises a slotted rail, the slotted rail having at least one slot with sidewalls and an opening extending along the slot, the slot having a conductive region located away from the opening of the slot and the electrical connector comprises an electrically conductive portion that extends into the opening in the slot and comes into electrical contact with the conductive region of the slotted rail
Warner discloses and shows in Figs.1-3 electrical conductor comprises a slotted rail, the slotted rail having at least one slot with sidewalls and an opening extending along the slot, the slot having a conductive region located away from the opening of the slot and the electrical connector comprises an electrically conductive portion that extends into the opening in the slot and comes into electrical contact with the conductive region of the slotted rail (par.[0068-0069])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ruth by using a electrical conductor comprises a slotted rail, the slotted rail having at least one slot with sidewalls and an opening extending along the slot, the slot having a conductive region located away from the opening of the slot and the electrical connector comprises an electrically conductive portion that extends into the opening in the slot and comes into electrical contact with the conductive region of the slotted rail for advantages such as maximizing alignment movement and control (abstract), as taught by Warner.
As for claim 11, Ruth discloses and shows in Figs.2-3 connector can move away from the vehicle to connect to the electrical conductor and move towards the
vehicle to disconnect from the electrical conductor
As for claim 12, Ruth discloses and shows in Figs.2-3 the connector on the vehicle comprises a connector that extends upwardly to connect to the electrical conductor when the vehicle senses that it is in close proximity to the electrical conductor, or the connector includes a connecting region that connects with the electrical conductor and the connecting region can move upwardly and laterally to connect to the electrical conductor and can move downwardly when the vehicle is no
longer in close proximity to the electrical connector (par.[0018])
As for claim 13, Ruth discloses and shows in Figs.2-3 connector on the vehicle comprises a connector that extends laterally or sideways to connect to the electrical conductor when the vehicle senses that it is in close proximity to the electrical conductor, or the connector includes a connecting region that connects with the
electrical conductor and the connecting region can move upwardly and
laterally to connect to the electrical conductor and can move back
towards the vehicle when the vehicle is no longer in close proximity to
the electrical connector (par.[0018])
As for claim 14, Ruth discloses and shows in Figs.2-3 a system for use in heavy duty applications such as mining, heavy haulage, earth moving or road maintenance, the system comprising an electric vehicle, the electric vehicle comprising at least one electric motor for providing motive power to the vehicle, at least one battery for supplying electricity to the at least one electric motor, a connector (ref’s electrical contactor) for connecting to an electrical conductor, whereby the electrical conductor provides electricity to the battery and/or at least one electric motor when the connector is connected to the electrical conductor, the system further comprising at least one electrical conductor mounted or positioned along a route traversed by the electric vehicle, wherein the connector of the vehicle connects to the electrical conductor when the vehicle is in close proximity to the electrical conductor (par.[0021,0025,0032-0034])
Ruth discloses the claimed invention except for wherein the battery has a power density of from 5000 to 100,000 W/kg and an energy density of from 5 to 1000 Wh/kg. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use wherein the battery has a power density of from 5000 to 100,000 W/kg and an energy density of from 5 to 1000 Wh/kg, it would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
As for claim 15, Ruth discloses and shows in Figs.2-3 the electrical conductor is mounted along at least part of a route traversed by the electric vehicle and at least one electrical conductor is mounted along one or more inclined sections of the route
As for claim 16, Ruth discloses and shows in Figs.2-3 system is used in an underground mine and the at least one electrical conductor is mounted to or suspended from a roof of the mine, or the electrical conductor is mounted above a road surface, or the electrical conductor is mounted to or suspended from one or more posts or poles, or mounted to or suspended from a sidewall, or the at least one electrical conductor is located along an inclined section of the mine (par.[0018])
As for claim 17, Ruth discloses and shows in Figs.2-3 electric vehicle comprises an electric vehicle
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARUN C WILLIAMS whose telephone number is (571)272-9765. The examiner can normally be reached on M-F 9 a.m. - 6 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached on 571-272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARUN C WILLIAMS/ Primary Examiner, Art Unit 2859
Prosecution Insights