DETAILED ACTION
This is on the merits of Application No. 18/625134, filed on 04/02/2024. Claims 1-20 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement filed 04/02/2024 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 111, 150A, 170A, 180. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “170” has been used to designate both wind turbine and water turbine mechanism. 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. 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.
The drawings are objected to because the numbering of views must be numbered in consecutive Arabic numerals, see MPEP 1.84(u). Currently, the drawings are numbered “Fig. 1”, “Fig. 1A”, “Fig. 1B”. The drawings are objected to because the specification appears to be describing the wrong figures. For example, Par. [0048] states it is describing Fig. 2, but appears to be describing Fig. 4. However, neither Fig. 2 nor Fig. 4 also show element 150 described in the specification. The description of Fig. 3 does not match Fig. 3, nor any of the drawings. The description of Fig. 8 appears to be describing Fig. 3. 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.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the actual spring system, shock absorber, braking mechanism, wind turbine, steering mechanism, transmission mechanism, linkage mechanism, and control mechanism as described in the specification. The use of generic boxes without further detail in further drawings is not enough detail shown. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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 Objections
Claims 12 and 18 objected to because of the following informalities: The term “a spring system” should read --the spring system--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
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 1-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a spring system associated with a braking mechanism, a linkage mechanism between said spring system and braking mechanism, does not reasonably provide enablement for movement of an application of said braking mechanism winds up said spring system, a spring system associated with a shock absorber with a linkage mechanism that winds up the spring system, nor a spring system associated with both a shock absorber and a braking mechanism with a single linkage mechanism between them and the spring system. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims. The use of generic boxes does not provide enough structural information as to how the shock absorber and braking mechanism connect to the linkage mechanism and how the linkage mechanism connects to the spring system. While examples of the linkage mechanism are stated in par. [0042] as “the linkage mechanism 120 may be constituted of a series of mechanical arms, pivots, and gears”, this still does not provide enough structural information as to how the invention works. What kind of linkage mechanism allows a shock absorber to wind up a spring? What does the spring look like? How are the coil/leaf spring wound up? How does the wind turbine wind the spring up? What is the braking mechanism? How does the braking mechanism function? How does the spring system power other onboard systems? What allows the spring mechanism to propel wheels? While the general concept of the invention is understood, what is not understood are the exact mechanisms that allow these things to occur.
Claims 1-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 states “An energy recovery system for a vehicle… a spring system associated with at least one of a shock absorber and a braking mechanism of the vehicle”. It is unclear what is meant by “associated with”. Is this connected to these components? The vehicle itself is not positively recited, so are these components meant to be required by the claim?
Claim 1 states “wherein energy from a movement of said shock absorber… winds up said spring system”. It is unclear how movement from a shock absorber would wind up a spring system. While it makes sense that energy can be recovered from movement of a shock absorber, it is unclear how that movement would wind up a spring system.
Claims 2-12 and 15-18 refer to components of the vehicle. However, the vehicle is not positively recited in claim 1, making it unclear what is required by these claims. Any feature tied to the vehicle itself and not the energy recovery system is not considered part of the invention as currently claimed. It is suggested applicant claim a vehicle comprising an energy recovery system if claims directed to the vehicle and vehicle components are meant to be required.
Claim 4 states “wherein said spring system is associated with other areas in the vehicle experiencing high torque and stress during operation”. It is unclear how to interpret this limitation. What is meant by “associated”? What is considered “high torque and stress”? What are the metes and bounds of that limitation?
Claim 6 states “wherein said control mechanism releases the stored potential energy in said spring system to power other onboard systems of the vehicle. The vehicle is not positively recited in claim 1, so what is actually required by this claim? Further, is this meant to be in addition to propel the vehicle? How would both even be done? A review of the specification and drawings seem to contradict this limitation by stating these two functions are in the alternative (see Fig. 3 element 206). Claim 17 is rejected for similar reasons.
The remainder of the claims are rejected for depending on a rejected claim.
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.
Claims 1-4, 7-13, 15, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4813509 to Harris.
Harris discloses:
(Claim 1) An energy recovery system (Fig. 1) for a vehicle, the energy recovery system comprising: a spring system (20) associated with at least one of a shock absorber and a braking mechanism (see Abstract, winds us when braking, thus associated with a braking mechanism) of the vehicle; a linkage mechanism (34) between said spring system and said at least one of shock absorber and braking mechanism, wherein energy from a movement of said shock absorber or an application of said braking mechanism winds up said spring system, thereby storing potential energy (see Abstract, winds coil during braking); and a control mechanism (44, 46) that releases the stored potential energy in said spring system to provide propulsion to the vehicle.
(Claim 2) wherein said vehicle is a land-operating vehicle (see Abstract, land vehicle. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 3) wherein said land-operating vehicle is selected from the group consisting of an automobile, a truck, a bus, a recreational vehicle, and an all-terrain vehicle (Abstract, Col. 2 ln 41-44, any suitable vehicle may be used, as there is a vehicle engine, can be considered an automobile. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 4) wherein said spring system is associated with other areas in the vehicle experiencing high torque and stress during operation (as the spring system is part of the vehicle, it is associated with all other areas, including others experiencing high torque and stress during operation. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 7) wherein the energy released by the control mechanism provides propulsion to wheels that move the vehicle (Col. 2 ln 45-51, propels the vehicle through the wheel. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 8) wherein the vehicle is rear wheel drive and the wheels that are propelled by the spring system are the front wheels (Col. 2 ln 41-51, suitable for any conventional vehicle and wheel, including front wheels on a conventional rear wheel drive. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 9) wherein the vehicle is front wheel drive and the wheels that are propelled the spring system are the rear wheels (Col. 2 ln 41-51, suitable for any wheel, including rear wheels on a conventional front wheel drive. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 10) wherein said vehicle is selected from the group consisting of a train and a tram (Col. 2 ln 41-44, any conventional land vehicle can be used, a train is considered a conventional land vehicle. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 11) wherein the vehicle is a hybrid vehicle (Col. 2 ln 41-44, any conventional land vehicle with conventional propulsion can be used, this would include conventional hybrid vehicles. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 12) wherein the hybrid vehicle utilizes both a spring system and a battery for energy storage and propulsion (Col. 2 ln 41-44, any conventional land vehicle with conventional propulsion can be used, this would include conventional hybrid vehicles which use batteries. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 13) wherein the spring system is a coil spring (20).
(Claim 15) A method of operating the energy recovery system of claim 1, the method comprising: capturing energy from at least one of the shock absorber and braking mechanism of the vehicle using the spring system; storing the captured energy as potential energy in said spring system; and releasing the stored potential energy to provide a propulsion to the vehicle (see Abstract).
(Claim 18) wherein the vehicle is a hybrid vehicle and utilizes both a spring system and a battery for energy storage and propulsion (Col. 2 ln 41-44, any conventional land vehicle with conventional propulsion can be used, this would include conventional hybrid vehicles which use batteries. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 19) wherein the spring system is a coil spring (20).
Claims 1-4, 6-7, 14-15, 17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 3861487 to Gill.
Gill discloses:
(Claim 1) An energy recovery system (Fig. 4) for a vehicle (Fig. 1), the energy recovery system comprising: a spring system (Fig. 5) associated with at least one of a shock absorber (Fig. 2 elements 30, 32) and a braking mechanism of the vehicle; a linkage mechanism (see Figs. 2 and 3, elements between 30, 32 and 74) between said spring system and said at least one of shock absorber and braking mechanism, wherein energy from a movement of said shock absorber or an application of said braking mechanism winds up said spring system, thereby storing potential energy (Col. 5 ln 15-36, energy is stored by the spring from movement in the shock absorber); and a control mechanism (88) that releases the stored potential energy in said spring system to provide propulsion to the vehicle (stored potential energy provides charge to batteries which are used by the motor to propel the vehicle).
(Claim 2) wherein said vehicle is a land-operating vehicle (Fig. 1, Col. 1 ln 9-14. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 3) wherein said land-operating vehicle is selected from the group consisting of an automobile, a truck, a bus, a recreational vehicle, and an all-terrain vehicle (Col. 2 ln 11, automotive vehicle which is an automobile. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 4) wherein said spring system is associated with other areas in the vehicle experiencing high torque and stress during operation (as the spring system is part of the vehicle, it is associated with all other areas, including others experiencing high torque and stress during operation. It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 6) wherein said control mechanism releases the stored potential energy in said spring system to power other onboard systems of the vehicle (Fig. 6, powers batteries. . It is also noted any feature relating to the vehicle is not required, as the vehicle is not positively recited).
(Claim 7) wherein the energy released by the control mechanism provides propulsion to wheels that move the vehicle (Provides propulsion by charging the batteries which the motor uses to propel the vehicle).
(Claim 14) wherein the spring system is a leaf spring (80).
(Claim 15) A method of operating the energy recovery system of claim 1, the method comprising: capturing energy from at least one of the shock absorber and braking mechanism of the vehicle using the spring system; storing the captured energy as potential energy in said spring system; and releasing the stored potential energy to provide a propulsion to the vehicle (Col. 5 ln 15-36, energy is stored by the spring from movement in the shock absorber. Stored potential energy provides charge to batteries which are used by the motor to propel the vehicle).
(Claim 17) wherein the stored potential energy is released to power other onboard systems of the vehicle (Fig. 6, powers batteries).
(Claim 20) wherein the spring system is a leaf spring (80).
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 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Harris in view of U.S. Patent App. Pub. No. 2014/0152019 to Voorhees.
Harris discloses:
The limitations of claims 1 and 15.
Harris does not disclose:
(Claim 5) further comprising: a wind turbine mechanism associated with said spring system, said wind turbine mechanism captures wind energy when the vehicle is in motion and winds up said spring system.
(Claim 16) further comprising capturing wind energy through a wind turbine mechanism when the vehicle is in motion and using it to wind up the spring system.
Voorhees teaches:
Using an energy storage device in a vehicle (par. [0113]) and using a wind turbine as a back-up input to the energy storage device (par. [0076]).
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, with a reasonable expectation of success, the structure of Harris to use wind energy, as taught by Voorhees, in order to have a back-up energy source to further store energy. The addition of another renewable source of energy will allow for better efficiency.
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Gill in view of U.S. Patent App. Pub. No. 2014/0152019 to Voorhees.
Gill discloses:
The limitations of claims 1 and 15.
Gill does not disclose:
(Claim 5) further comprising: a wind turbine mechanism associated with said spring system, said wind turbine mechanism captures wind energy when the vehicle is in motion and winds up said spring system.
(Claim 16) further comprising capturing wind energy through a wind turbine mechanism when the vehicle is in motion and using it to wind up the spring system.
Voorhees teaches:
Using an energy storage device in a vehicle (par. [0113]) and using a wind turbine as a back-up input to the energy storage device (par. [0076]).
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, with a reasonable expectation of success, the structure of Gill to use wind energy, as taught by Voorhees, in order to have a back-up energy source to further store energy. The addition of another renewable source of energy will allow for better efficiency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Galloway (US 11584337) discloses Driven And Non-driven Rear Wheel Regenerative Power Spring Braking Apparatus, Method, And Kit.
Gimlan (US 6936994) discloses electrostatic energy generators and uses of same.
Booth (US 6120411) discloses control methodology for inertial energy storage devices.
Stopher (US 5880532) discloses wind-up power source with spring motor and vehicle incorporating same.
Holzer (US 3412617) discloses a drive device.
Samuelson (US 0151626) discloses car-propellers.
McAlister (US 2013/0158828) discloses reducing and/or harvesting drag energy form transport vehicles.
Liu (CN 108799437) discloses power storage device with self-protection.
Du et al (CN 107054105) discloses A Volute Spring Energy Storing Mechanism Of Electric Vehicle Hybrid Energy Storage System And Power Distribution Method Thereof.
Wang (CN 106347142) discloses a wind energy generating device of electric automobile.
Martinek (CZ 20136) discloses a spring booster.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HANNON whose telephone number is (571)270-1943. The examiner can normally be reached Monday - Friday 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at (571) 270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY HANNON/ Primary Examiner, Art Unit 3655