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 limitations:
“the support plate is connected with a top of the side surface of the support frame through hinges” (Claim 1).
“a top of the split plate and the notch enclose an avoidance opening, the pump body comprises a water outlet and a water inlet, and the water outlet and the water inlet is able to extend out of the avoidance opening” (Claim 3).
“a top of the planar plate is hinged to the support frame, … and the telescopic rod is arranged on an inner side surface of the planar plate” (Claim 5).
The drawings do not show a top of planar plate 41b being hinged to the support frame as claimed, and do not show the telescopic rod 43 arranged on an inner side surface of the planar plate 41b as claimed.
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.
Specification
The disclosure is objected to because of the following informalities: Page 6 ¶0027 of the SPEC provides a list of reference characters, however the way the list is presented makes it difficult to quickly determine which element number is associated with which element name, and it is easy to confuse the wrong element number for the listed elements (e.g. believing listed element 12 is the battery, when element 12 is in fact the control cabinet). To overcome this objection the list should be presented such that each line has a single element number and a single element name, as is conventional with a list of items.
Appropriate correction is required.
Claim Objections
Claims 1-10 are objected to because of the following informalities:
Claim 1 Line 7-8 currently states:
“a charging assembly arranged on a side surface of the support frame, wherein a number of the charging assemblies is at least one, the at least one charging assembly comprises a solar”.
Should be changed to state:
--a charging assembly arranged on a side surface of the support frame, wherein a number of the charging assembly is at least one, the at least one charging assembly comprises a solar --.
Claim 4 Line 6-10 currently states:
“when the first combined plate and the second combined plate are relatively far away from each other, the foldable plate is in an open state; when the first combined plate and the second combined plate are in the storage state, the solar panel is arranged on a surface, which is opposite to the second combined plate, of the first combined plate, and the telescopic rod is arranged on an outer side surface of the second combined plate.”.
Should be changed to state:
--when the first combined plate and the second combined plate are relatively far away from each other, the foldable plate is in an open state; when the first combined plate and the second combined plate are in the storage state, the solar panel is arranged on a surface of the first combined plate, which is opposite to the second combined plate,
Claim 6 Line 4 currently states:
“a parking apron, the lifting frame comprises two lifting assemblies connected to each other”.
Should be changed to state:
--a parking apron[[,]]; the lifting frame comprises two lifting assemblies connected to each other--.
Claim 9 Line 7-8 currently states in part:
“the storage battery power supply management module is configured”.
Should be changed to state:
--the energy storage battery power supply management module is configured--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Frequency conversion control device in claim 9.
Configured for controlling the rotating speed of the motor and monitoring an operating state of the motor.
Energy storage battery power supply management module in claim 9.
Configured for managing charging and discharging of the storage battery and monitoring a state of the storage battery
Remote communication system in claim 9.
Configured for receiving and sending out remote control signals.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Frequency conversion control device in claim 9.
¶0019 & ¶0043 of the SPEC which describe the frequency conversion control device, merely repeat the language of the claim but do not describe the structure the inventor intends to use to perform the entire claimed function. Accordingly see the §112b rejections below.
Energy storage battery power supply management module in claim 9.
¶0019 & ¶0043 of the SPEC which describe the storage battery power supply management module, merely repeat the language of the claim but do not describe the structure the inventor intends to use to perform the entire claimed function. Accordingly see the §112b rejections below.
Remote communication system in claim 9.
¶0019 & ¶0043 of the SPEC which describe the remote communication system, repeat the language of the claim, and describe additional functions which can be performed by the system but do not describe the structure the inventor intends to use to perform the function of sending out remote control signals. Accordingly see the §112b rejections below.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 3-5 & 9-10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 3: Line 3-6 states: “a top of the split plate and the notch enclose an avoidance opening, the pump body comprises a water outlet and a water inlet, and the water outlet and the water inlet is able to extend out of the avoidance opening”. It is unclear the exact limitations the applicant is introducing here, specifically it is unclear how split plate 6 and protective plate 5 are able to form an avoidance opening where both the water outlet and the water inlet are able to extend out of the avoidance opening as claimed. Furthermore, the language “the water inlet is able to extend out of the avoidance opening” is unclear as it suggests an extendable inlet (which is not something that is disclosed) since the avoidance opening (defined by split plate 6 and notch 51 of protective plate 5) is formed on a different side of the frame 2 than the side of the frame 2 that the water inlet 312 faces in Fig 2. However even if this were the case, it is unclear how the water inlet 312 would be able to extend out the avoidance opening, as it seems from what is shown in Fig 2 that the water outlet 311 would occupy the entire avoidance opening, and prevent the water inlet 312 from passing through the same avoidance opening as the water outlet 311. Accordingly, for multiple reasons the scope of claim 3 is unclear. For the purpose of examination, the language of claim 3 will be read as: --wherein a split plate is hinged to a lower portion of the support frame, the split plate is able to be in a lapped connection with the protective plate, a notch is formed in the protective plate, a top of the split plate and the notch enclose an avoidance opening, the pump body comprises a water outlet and a water inlet, and the water outlet
Regarding Claim 4: The term “relatively far away from each other” in claim 4 is a relative term which renders the claim indefinite. The term “relatively far away from each other” 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.
Regarding Claim 5: Line 2-4 states: “a top of the planar plate is hinged to the support frame, the solar panel is arranged on an outer side surface of the planar plate, and the telescopic rod is arranged on an inner side surface of the planar plate”. However, Figure(s) 1 & 2 do(es) not show a top of the planar plate 41b is hinged to the support frame OR the telescopic rod is arranged on an inner side surface of the planar plate 41b. Because Applicant does not appear to disclose any structure that is consistent with the particular language recited in the claim, there is a conflict between the claimed subject matter and the specification disclosure which renders the scope of the claims uncertain. Therefore because the specification does not support the claims at issue, the claim is indefinite when read in light of the specification. See in Re Paul G. Anderson, John A. Mcmennamy, Andrew P. Burke and Thomas A. Rak, 106 F.3d 425 (Fed. Cir. 1997) (Because appellants show no structure in their specification consistent with this claim language, claim 5 is indefinite).
Regarding Claim 9: Claim limitations “Frequency conversion control device”, “Energy storage battery power supply management module”, and “Remote communication system” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed functions and to clearly link the structure, material, or acts to the respective functions.
Frequency conversion control device in claim 9.
While ¶0019 & ¶0043 of the SPEC describe the frequency conversion control device, these paragraphs merely repeat the language of the claim, and do not describe the structure the inventor intends to use to perform the functions of controlling the rotating speed of the motor and monitoring an operating state of the motor as claimed. Accordingly the corresponding structure for performing the entire claimed function performed by the frequency conversion control device is not disclosed.
Energy storage battery power supply management module in claim 9.
While ¶0019 & ¶0043 of the SPEC describe the storage battery power supply management module, these paragraphs merely repeat the language of the claim, and do not describe the structure the inventor intends to use to perform the functions of managing charging and discharging of the storage battery and monitoring a state of the storage battery as claimed. Accordingly the corresponding structure for performing the entire claimed function performed by the energy storage battery power supply management module is not disclosed.
Remote communication system in claim 9.
While ¶0019 & ¶0043 of the SPEC which describe the remote communication system, repeat the language of the claim, and describe additional functions which can be performed by the system but do not describe the structure the inventor intends to use to perform the function of sending out remote control signals. It is noted that the antenna described in ¶0043 would be able to receive signals but an antenna by its self is not enough to send out remote control signals as claimed. Accordingly the corresponding structure for performing the entire claimed function performed by the remote communication system is not disclosed.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Finally; depending claim(s) inherit deficiencies from the parent claim(s). Appropriate correction is required.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 212034981 in view of Fick USPN 4494465. Examiners Note: For the purposes of examining the instant application, the examiners submitted English translation of CN 212034981, submitted with this office action, is referenced hereinafter.
Regarding Claim 1: CN 212034981 discloses the limitations: A new energy irrigation pump truck (the pump truck is defined by the sum of its parts), comprising:
a movable platform (= surface that motor 9 is located on in Fig 1) arranged on a frame (i.e. frame illustrated in Fig 1) with wheels (i.e. wheels of frame in Fig 1), wherein a storage battery 4 is arranged on the movable platform (see Fig 1, Line 133-145);
a support frame (= collection of vertical structural elements and horizontal members (which the battery 4 and medicine box 2 rest on) in Fig 1) arranged on the movable platform (as seen in Fig 1 the articulated support frame is connected to the identified movable platform as claimed) to form a support area that is rectangular (given that the system illustrated in Fig 1 is shown as being fabricated as part of a cart, element 1 is described as a “box body” (Line 133-145), and carts/boxes are known to have rectangular areas to place objects on; thus the examiner takes official notice that the prior art cart/box body forms a rectangular support area as claimed);
a water pump assembly (the water pump assembly is defined by the sum of its parts) arranged on the movable platform and located in the support area (Fig 1), comprising a pump body (i.e. pump head connected to motor 9 in Fig 1) and a motor 9 for driving the pump body to work (Fig 1, Line 133-145);
a charging assembly (the charging assembly is defined by the sum of its parts and includes solar panel 22, Line 150-157) arranged on a side surface of the support frame (side surface of the support frame = right side of the support frame which element 7 extends from in Fig 1, Line 172-178, Line 158-161), wherein a number of the charging assembly is at least one (as seen in Fig 3 there is one solar panel 22), the at least one charging assembly comprises a solar panel (it does, solar panel 22, Line 150-157, Fig 1 & Fig 3) for charging the storage battery (Line 172-178) and a support plate (23,6, Fig 1, Fig 3, Line 150-157), the support plate (23,6) is connected with a top of the side surface of the support frame (top of the side surface = top surface of the support frame which cover plate 23/limiting frame 6 is rotatably connected to (Line 150-161) in Fig 1) through hinges (i.e. hinges which allow the connection described in Line 150-157) and is able to be unfolded outwards relative to the support frame (as seen in Fig 1 and described in Line 150-157), one side of the support plate is provided with the solar panel (as seen in Fig 1 and described in Line 150-157), and an other side of the support plate (e.g. bottom surface of element 23 in Fig 1); and when the support plate is unfolded, the solar panel faces upward (Fig 1), and the other side of the support plate faces with ground (as seen in Fig 1 the other side/bottom surface of the support plate 6,23 faces the ground). CN 212034981 is silent regarding the limitations: an other side of the support plate is provided with a telescopic rod; and the telescopic rod vertically extends and contacts with ground to support the support plate. The prior art of Fick USPN 4494465 which is directed to a portable device (title, abstract) like CN 212034981, is noted.
However, Fick USPN 4494465 does disclose the limitations: a support plate (22, Figs 1-2) having a top surface (= surface generally indicated with element 22 in Fig 1); and an other side of the support plate (bottom surface of 22 where elements 34,36 extend from in Fig 2) is provided with a telescopic rod (telescopic rod = legs 34,36, Column 2 Line 14-27); and the telescopic rod vertically extends and contacts with ground to support the support plate (as understood from Fig 1-2, Column 2 Line 31-44).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the other side of the support plate of CN 212034981 with the pivotally secured legs 34,36 of Fick USPN 4494465 in order to be able to level or slope the support plate as desired (Column 2 Line 14-36).
Claim(s) 1-2, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 104969836 in view of Fick USPN 4494465. Examiners Note: For the purposes of examining the instant application, the examiners submitted English translation of CN 104969836, submitted with this office action, is referenced hereinafter.
Regarding Claim 1: CN 104969836 discloses the limitations: A new energy irrigation pump truck (the truck is defined by the sum of its parts), comprising:
a movable platform (truck based platform illustrated in Fig 1) arranged on a frame (i.e. frame of truck in Fig 1) with wheels 4, wherein a storage battery 9 is arranged on the movable platform Fig 1;
a support frame 2 arranged on the movable platform to form a support area (i.e. area inside the box shaped vehicle body 2 in Fig 1 & Fig 2) that is rectangular (as understood from Fig 1 & Fig 2);
a water pump assembly 7 arranged on the movable platform and located in the support area (as understood from Fig 2), comprising a pump body (water pump 7 inherently has a pump body) and a motor for driving the pump body to work (each pump inherently has a motor, additionally Line 214-224 explains that the control circuit controls each motor to control the water pump, indicating that each water pump has a motor which can be controlled);
a charging assembly (the changing assembly is defined by the sum of its parts and includes the multiple solar panels 10, Line 109-113, Fig 1 & Fig 2) arranged on a side surface of the support frame (i.e. arranged on a drivers side surface of the vehicle body in the state shown in Fig 2), wherein a number of the charging assembly is at least one (there is at least one solar panel 10 as claimed), the at least one charging assembly comprises a solar panel (it is a solar panel, Line 109-113) for charging the storage battery (Line 327-335) and a support plate (i.e. plate that the solar panel 10 is formed on top of, Fig 1 & Fig 2), the support plate is connected with a top of the side surface of the support frame through hinges (as seen in Fig 1 & Fig 2 and understood from Line 134-138, Line 209-213, Line 300-304, Line 394-395, Line 423-426) and is able to be unfolded outwards relative to the support frame (Fig 1 & Fig 2), one side of the support plate is provided with the solar panel (i.e. a top surface side of the support plate has the solar panel 10), and an other side of the support plate (i.e. a bottom surface side of the support plate); and when the support plate is unfolded, the solar panel faces upward (Fig 1). CN 104969836 is silent regarding the limitations: the other side of the support plate is provided with a telescopic rod; and the telescopic rod vertically extends and contacts with ground to support the support plate.
However, Fick USPN 4494465 does disclose the limitations: a support plate (22, Figs 1-2) having a top surface (= surface generally indicated with element 22 in Fig 1); and an other side of the support plate (bottom surface of 22 where elements 34,36 extend from in Fig 2) is provided with a telescopic rod (telescopic rod = legs 34,36, Column 2 Line 14-27); and the telescopic rod vertically extends and contacts with ground to support the support plate (as understood from Fig 1-2, Column 2 Line 31-44).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the other side of the support plate of CN 104969836 with the pivotally secured legs 34,36 of Fick USPN 4494465 in order to be able to level or slope the support plate as desired to direct runoff (Column 2 Line 14-36).
Regarding Claim 2: CN 104969836 does disclose the limitations: wherein the side surface of the support frame is further provided with a protective plate 12, the protective plate is hinged onto the support frame (Line 228-238), a hinge position of the support plate and the support frame (the hinge position between the support plate and the support frame would be located at the roof of the vehicle body in order to achieve the position shown in Fig 1) is higher than a hinge position of the protective plate and the support frame (the hinge position between the protective plate 12 and the support frame would be located near the floor of the vehicle body in order to achieve the position shown in Fig 1; thus the prior art addresses the language of the claim directed to the respective hinge positions), and the support plate is able to cover the protective plate when the support plate is in a vertical state (as understood from Fig 2).
Regarding Claim 5: CN 104969836 as modified by Fick USPN 4494465 does disclose the limitations: wherein the support plate is a planar plate (it is, as understood from Figs 1-2 of CN ‘836), a top of the planar plate is hinged to the support frame (it is, as understood from Figs 1-2 of CN ‘836 a portion of the top of the planar plate would have to be hinged to the vehicle body 2/support frame in order to achieve the positions illustrated in Figs 1-2 of CN ‘836, especially since no hinge is shown on top of solar panel 10 in Fig 2), the solar panel is arranged on an outer side surface of the planar plate (an outer side surface of the planar plate = exterior surface of the planar plate which faces the sun in Fig 1; the solar panel 10 would inherently be arranged on the outer side/sun facing surface in order for the solar panel 10 to function as intended), and the telescopic rod is arranged on an inner side surface of the planar plate (inner side surface of the planar plate = interior surface of the planar plate which defines the interior of the vehicle in Fig 2 of CN ‘836; in the combination of prior art the telescopic rod taught by Fick would inherently be located/arranged on the inner side surface in order for the telescopic rod of Fick to engage the ground when the solar panel is arranged in the Fig 1 position of CN ‘836).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 104969836 in view of Fick USPN 4494465 as applied to claim 1 above, and further in view of Lauchenauer USPN 1855061.
Regarding Claim 8: CN 104969836 as modified by Fick USPN 4494465 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 1. Additionally, while CN 104969836 discloses that the irrigation vehicle is able to pump water from different water wells (Line 336-341), CN 104969836 does not disclose the limitations: wherein the water pump assembly further comprises a gas-water separation tank and a vacuum pump which are arranged on the movable platform, the vacuum pump is connected with the gas-water separation tank through a first connecting pipe, and the gas-water separation tank is connected with the pump body through a second connecting pipe.
However Lauchenauer USPN 1855061 does disclose the limitations: a water well (i.e. water well that suction pipe 12 extends into in Fig 1) and a water pump assembly (the water pump assembly is defined by the sum of its parts and includes centrifugal pump 1); wherein the water pump assembly further comprises a gas-water separation tank (i.e. air separator tank 3, Fig 1, Page 1 Line 66-70) and a vacuum pump (vacuum pump = ejector I, when high speed fluid flows through pipe connection 11, the ejector I creates a vacuum in suction pipe 12 and knee 13) which are arranged on the movable platform (following the combination of prior art explained below, both the separation tank 3 and the vacuum pump I would be located/arranged on the movable platform of CN ‘836 as claimed), the vacuum pump is connected with the gas-water separation tank through a first connecting pipe (first connecting pipe = lateral connection 8, as seen in Fig 1 the vacuum pump I is connected via element 8 and ejector II to the gas-water separation tank 3 as claimed), and the gas-water separation tank is connected with the pump body (the pump body = pump body of centrifugal pump 1 in Fig 1) through a second connecting pipe (second connecting pipe = connecting pipe 2, as seen in Fig 1 the gas-water separation tank 3 is connected to the pump body via pipe 2 as claimed).
Hence it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the suction and discharge piping of the pump assembly of CN 104969836 with the suction piping (12,13,13a,I,11,10,1s) and discharge piping (1d,2,3,3a,4,II,9,5,6,y) of Lauchenauer USPN 1855061 in order to ensure that the suction conduit of the pump is always filled with fluid, thus preventing the pump from running dry (Page 1 Line 89-Page 2 Line 27).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 212034981 in view of Fick USPN 4494465 as applied to claim 1 above, and further in view of CN 210431324. Examiners Note: For the purposes of examining the instant application, the examiners submitted English translation of CN 210431324, submitted with this office action, is referenced hereinafter.
Regarding Claim 4: CN 212034981 as modified by Fick USPN 4494465 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 1. Additionally, CN 212034981 discloses: wherein the support plate (6,23) comprises a first combined plate (23, Fig 1), and the first combined plate is connected with the support frame (Fig 1, Line 150-152); a storage state (storage state = state where element 23 is rotated 180° from the position shown in Fig 1; element 23 is disclosed as being able to rotate 180° Line 172-174); an open state (open state = state illustrated in Fig 1); when the first combined plate is in the storage state, the solar panel is arranged on a surface of the first combined plate (a surface of the first combined plate = upper surface of element 23 in Fig 1; since the solar panel 22 is located in limiting frame 6 which is fixed on the upper surface/first surface of element 23 – Line 150-154 – it follows that when the device is in the storage state the solar panel would still be on the first surface as claimed). CN 212034981 does not disclose the limitations: wherein the support plate is a foldable plate, the foldable plate comprises a first combined plate and a second combined plate, a side of the first combined plate and a side of the second combined plate are hinged to each other, and when the first combined plate and the second combined plate are oppositely arranged, the foldable plate is in a storage state; when the first combined plate and the second combined plate are relatively far away from each other, the foldable plate is in an open state; when the first combined plate and the second combined plate are in the storage state, the solar panel is arranged on a surface of the first combined plate, which is opposite to the second combined plate.
However CN 210431324 does disclose the limitations: wherein the support plate (the support plate is defined by the sum of its parts and includes elements 20,30) is a foldable plate (20,30, Line 185-190), the foldable plate comprises a first combined plate 20 and a second combined plate 30, a side of the first combined plate (i.e. side of element 20 which is hinged to element 30 in Fig 2) and a side of the second combined plate (i.e. side of element 30 which is hinged to element 20 in Fig 2) are hinged to each other (Line 185-190, Fig 2), and when the first combined plate and the second combined plate are oppositely arranged, the foldable plate is in a storage state (since Fig 2 shows elements 20 & 30 in an unfolded state, and Line 222-227 describes unfolding element 30 – it follows that the prior art suggests a state where element 30 is folded onto element 20, such that the first combined plate 20 and the second combined plate 30 are oppositely arranged (e.g. facing each other) as claimed); when the first combined plate and the second combined plate are relatively far away from each other (e.g. as shown in Fig 2), the foldable plate is in an open state (e.g. as shown in Fig 2); when the first combined plate and the second combined plate are in the storage state, the solar panel (i.e. the solar panel of main solar panel 20) is arranged on a surface of the first combined plate (i.e. top surface of element 20 in Fig 2), which is opposite to the second combined plate (in the folded/storage state the top surface/surface of the first plate 20 would inherently be facing/opposite to the second plate 30 since in Fig 2 both halves of each hinge are shown as being located on the top sun facing surface of elements 20,30 in Fig 2).
Hence it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the support plate (6,23) of CN 212034981 with the hinges and side solar panel 30 taught by CN 210431324 in order to be able to increase the light receiving area of the device when the illumination intensity of the sunlight is not enough (Line 223-227).
Further Regarding Claim 4: following the combination of prior art as explained above, the telescopic rod of Fick would be located on the exterior of the first combined plate of CN ‘981. However, when the solar panels are folded and pivoted into the storage position, the second combined plate would be on the bottom, the first combined plate would be above the second combined plate, and the folded legs/telescopic rod of Fick would on top of the second combined plate. Accordingly is this state, the telescopic rod of Fick would be arranged/located on an outer side surface of the second plate as claimed, since it would be located above/on the outer side surface of the second plate – in the storage state as described above.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 104969836 in view of Fick USPN 4494465 as applied to claim 1 above, and further in view of Renaux US 2023/032094.
Regarding Claim 9: CN 104969836 as modified by Fick USPN 4494465 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 1. Additionally, CN 104969836 discloses: wherein the movable platform is further provided with a control cabinet (control cabinet = control box 5, Line 105-108, Line 185-187; Additionally, it is noted that Fig 3 is a diagram of the control box (Line 185-187 & Page 28 of translation of CN ‘836) and thus is understood to illustrate components inside the control box 5), the control cabinet is internally provided with a frequency conversion control device (frequency conversion control device = control buttons and motor drive circuit illustrated in Fig 3 & Page 28 of translation of CN ‘836, since the motor drive circuit provides energy to different motors it is a frequency conversion control device as claimed), a solar inverter (solar inverter = charging circuit illustrated in Fig 3 & Page 28 of translation of CN ‘836 – it is understood that the charging circuit of CN ‘836 broadly addresses the language of the claim within the same confines as the instant application), an energy storage battery power supply management module (= power circuit, control circuit, inverter circuit, AC power outlet illustrated in Fig 3 & Page 28 of translation of CN ‘836); the frequency conversion control device is configured for controlling the rotating speed of the motor and monitoring an operating state of the motor (the control buttons & motor drive circuit would inherently be able to control the speed of the motor and monitor the operating state of the motor (e.g. the state of the control buttons and/or motor drive circuit would indicate if the device is off/on and the operating state of the motor is off/on)); the solar inverter is configured for rectifying current generated by the solar panel and storing current in the storage battery (as understood from Fig 3 – it is understood that the charging circuit of CN ‘836 broadly addresses the language of the claim within the same confines as the instant application); the storage battery power supply management module is configured for managing charging and discharging of the storage battery (as understood from Fig 3 & Line 327-335 – it is understood that the control circuit is able to supply power to the battery via the charging circuit, also the AC power outlet in Fig 3 manages discharging ac power from the battery via the inverter circuit, thus the prior art broadly addresses the language managing charging and discharging of the storage battery) and monitoring a state of the storage battery (since Line 327-335 states that the control circuit (e.g. main control circuit) is able to charge the battery automatically, the control circuit of the shortage battery power supply management module would inherently be able to monitor a state of the storage battery in order to determine if it needs to be charged, when automatically charging the battery). CN 104969836 does not disclose the limitations: a remote communication system; the remote communication system is configured for receiving and sending out remote control signals.
However Renaux US 2023/0320294 does disclose the limitations: a remote communication system (54, 36, 66, Fig 5, ¶0051-¶0053); the remote communication system is configured for receiving and sending out remote control signals (wireless modem 54 and LTE antenna 66 are inherently able to send and receive signals, given how cellular devices with LTE SIM cards are known to function).
Hence it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the control circuit of CN 104969836 with the remote communication system (54, 36, 66, Fig 5) of Renaux US 2023/0320294 in order to be able to wirelessly transmit data pertaining to a state-of-charge, battery charge remaining, and time-to-charge (¶0052).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 212034981 in view of Fick USPN 4494465 as applied to claim 1 above, and further in view of Renaux US 2023/032094.
Regarding Claim 9: CN 212034981 in view of Fick USPN 4494465 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 1. Additionally, CN 212034981 discloses the limitations: wherein the movable platform is further provided with a control cabinet (control cabinet = 5, Fig 1; as understood from Fig 1 element 5 is connected to the movable platform via the support frame). CN 212034981 does not disclose the limitations: the control cabinet is internally provided with a frequency conversion control device, a solar inverter, an energy storage battery power supply management module and a remote communication system; the frequency conversion control device is configured for controlling the rotating speed of the motor and monitoring an operating state of the motor; the solar inverter is configured for rectifying current generated by the solar panel and storing current in the storage battery; the storage battery power supply management module is configured for managing charging and discharging of the storage battery and monitoring a state of the storage battery; and the remote communication system is configured for receiving and sending out remote control signals.
However Renaux US 2023/032094 does disclose the limitations: a control cabinet (30, Figs 1-3, & Figs 4C-5, ¶0097, ¶0049), the control cabinet is internally provided with a frequency conversion control device (frequency conversion control device = 62,42, ¶0051, ¶0100, ¶0110, since 62 converts power it is a frequency conversion control device as claimed), a solar inverter (solar inverter = 48, ¶0051, since element 48 changes the current to charge the batteries – it is understood that element 48 of Renaux broadly addresses the language of the claim within the same confines as the instant application), an energy storage battery power supply management module (= 50,58,60, ¶0051-¶0053, ¶0104, ¶0108-¶0109) and a remote communication system (52,54,36,66, ¶0051-¶0052, ¶0099, ¶0105-¶0106, ¶0112); the frequency conversion control device is configured for controlling the rotating speed of the motor and monitoring an operating state of the motor (the switches 42 would be capable of controlling the rotating speed of the motor by halting the supply of power to the motor of the pump; also depending on the position of the switches 42 (e.g. on or off position) they would be capable of monitoring an operating state of the motor as claimed, since when they are in the off position the motor would be off); the solar inverter is configured for rectifying current generated by the solar panel and storing current in the storage battery (¶0051-¶0052, ¶0103, as understood from the figures and SPEC of Renaux element 48 controls the power delivered to the battery using maximum power point tracking, – thus it is understood that element 48 of Renaux broadly addresses the language of the claim within the same confines as the instant application); the storage battery power supply management module is configured for managing charging and discharging of the storage battery and monitoring a state of the storage battery (since elements 60 track the power going into and out of the batteries (¶0109), they are capable of both managing charging and discharging of storage battery 46 and monitoring a state of the battery 46); and the remote communication system is configured for receiving and sending out remote control signals (¶0051-¶0052, wireless modem 54 and LTE antenna 66 are inherently able to send and receive signals, given how cellular devices with LTE SIM cards are known to function).
Hence it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the control cabinet 5 of CN 212034981 with the container 30 having a frequency conversion control device (62,42), a solar inverter 48, an energy storage battery power supply management module (50,58,60) and a remote communication system (52,54,36,66) as taught by Renaux US 2023/032094 in order to be able to wirelessly transmit data pertaining to a state-of-charge, battery charge remaining, and time-to-charge (¶0052).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 212034981 in view of Fick USPN 4494465 and Renaux US 2023/032094 as applied to claim 9 above, and further in view of Hirschfeld USPN 8453771.
Regarding Claim 10: CN 212034981 in view of Fick USPN 4494465 and Renaux US 2023/032094 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 9. Additionally, CN 212034981 discloses the limitations: wherein the wheels are arranged at a bottom of the frame (Fig 1), the wheels comprise front wheels (wheels on the left side of Fig 1, there are inherently two front wheels on the cart given how carts are known to be constructed with wheels at the four corners of a rectangular cart) and rear wheels (wheels at the right side of Fig 1, there are inherently two rear wheels on the cart given how carts are known to be constructed with wheels at the four corners of a rectangular cart), the front wheels comprise two front wheels (as explained above there are inherently two front wheels); and the rear wheels comprise two rear wheels (as explained above there are inherently two rear wheels). CN 212034981 does not disclose the limitations: each of the two front wheels is provided with a hub motor, and steering is realized by controlling the two front wheels to rotate at different rotating speeds, and the two rear wheels are connected with each other through a transmission shaft.
However Hirschfeld USPN 8453771 does disclose the limitations: each of the two front wheels is provided with a hub motor (the two front wheels = wheels 26, Figs 1-9; hub motor 76,80 is for one front wheel & hub motor 78,82 is for the other front wheel, Column 6 Line 10-20), and steering is realized by controlling the two front wheels to rotate at different rotating speeds (Column 6 Line 35-55 states that control (88,90,92) can be used to activate one motor at a time – thus the device would be capable of steering when one front wheel is driven to rotate and the other front wheel is stationary as known in the art (e.g. of zero turn radius mowers etc.)), and the two rear wheels are connected with each other through a transmission shaft (the two rear wheels = wheels 24, Figs 1-9; the rear wheels are connected with each other via steering linkage 64 as seen in Figs 3-4; transmission shaft = linkage 64 – which transmits movement/aligns both rear wheels).
Hence it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the front wheels and the rear wheels of CN 212034981 with the front wheels 26, hub motor 76,80 for one front wheel & hub motor 78,82 is for the other front wheel, rear wheels 24, steering linkage 64, and control (88,90,92) of Hirschfeld USPN 8453771 in order to be able to move the cart easily over both hard and soft surfaces (abstract).
Allowable Subject Matter
Claims 6-7 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.
Regarding Claim 6:The prior art of record either alone or in combination does not teach or suggest the device recited in claim 6 including “wherein a concave cavity is formed in a top of the support frame, a carrying assembly for an unmanned aerial vehicle to stop and charge is arranged at the concave cavity, the carrying assembly comprises a lifting frame and a parking apron; the lifting frame comprises two lifting assemblies connected to each other through a connecting rod, the connecting rod is driven by a telescopic motor, and when the telescopic motor extends or retracts, the lifting frame rises or falls; the parking apron is equipped with a contact charging module, and the contact charging module charges when the lifting frame rises until the parking apron contacts with the unmanned aerial vehicle” in combination with all the limitations set forth in independent claim 1.
It is the Examiner’s opinion that modification of the available prior art in the claimed manner is neither contemplated nor foreseeable without the benefit of the disclosure of the instant invention.
Claim 3 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.
Regarding Claim 3: The prior art of record either alone or in combination does not teach or suggest the device recited in claim 3 including “wherein a split plate is hinged to a lower portion of the support frame, the split plate is able to be in a lapped connection with the protective plate, a notch is formed in the protective plate, a top of the split plate and the notch enclose an avoidance opening, the pump body comprises a water outlet and a water inlet, and the water outlet is able to extend out of the avoidance opening.” in combination with all the limitations set forth in independent claim 1 and dependent claim 2.
It is the Examiner’s opinion that modification of the available prior art in the claimed manner is neither contemplated nor foreseeable without the benefit of the disclosure of the instant invention.
Examiner's Note: The Examiner respectfully requests of the Applicant in preparing responses, to fully consider the entirety of the references as potentially teaching all or part of the claimed invention.
It is noted, REFERENCES ARE RELEVANT AS PRIOR ART FOR ALL THEY CONTAIN. “The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments (see MPEP § 2123).
Additionally the origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention, as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). (See MPEP § 2125).
The Examiner has cited particular locations in the reference(s) as applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claims, typically other passages and figures will apply as well.
Furthermore: with respect to the prior art and the determination of obviousness, it has been held that Prior art is not limited just to the references being applied, but includes the understanding of one of ordinary skill in the art. The "mere existence of differences (i.e. a gap) between the prior art and an invention DOES NOT ESTABLISH the inventions nonobviousness." Dann v. Johnston, 425 U.S. 219, 230, 189 USPQ 257, 261 (1976). Rather, in determining obviousness the proper analysis is whether the claimed invention would have been obvious to one of ordinary skill in the art after consideration of all the facts. And factors other than the disclosures of the cited prior art may provide a basis for concluding that it would have been obvious to one of ordinary skill in the art to bridge the gap. (See MPEP § 2141).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 204296791 – discloses a mobile tool trolly.
USPN 3895885 – discloses an emptying system for fluid tanks.
CN 217496542 – discloses an Agricultural Plant Protection Unmanned Aerial Vehicle, but does not disclose that the contact charging module stops charging when the parking apron contacts with the unmanned aerial vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S HERRMANN whose telephone number is (571)270-3291. The examiner can normally be reached 8:00 AM - 5:00 PM EST.
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/CHARLES G FREAY/Primary Examiner, Art Unit 3746
/JOSEPH S. HERRMANN/ Examiner, Art Unit 3746