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 because character number 71 is shown in two different locations in figure 1. One of the locations does not point anywhere. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. — The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 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 1, in lines 9-12, it is unclear how the orientation of a surface (T11) in which the first air intake port (P1) is arranged to guide air into the first region (S1) is different from an orientation of a surface in which a second exhaust port arranged to draw air out from the second region is formed.
Per figure 4, surface (T11) is oriented perpendicular to the front and rear directions depicted in figures 1-2. Similarly, per figures 3 and 5, surface (T2) is also oriented perpendicular to the front and rear directions depicted in figures 1-2.
For the purpose of this examination, the claim has been interpreted to mean, in lines 9-12:
--in the vehicle body cover, an orientation of a surface in which a first air intake port arranged to guide air into the first region is formed, is the same as an orientation of a surface in which a second exhaust port arranged to draw air out from the second region is formed.--.
Regarding claims 2-8, the claims are rejected by virtue of their dependency on claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-5 and 8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Arase et al. (US 2024/0410133, herein “Arase”).
Regarding claim 1, Arase discloses:
a work machine (figs. 1-3) configured to actuate a work implement (2) with power from a battery device (31) [par. 0007],
the work machine (100) comprising:
a first region in which the battery device (31) is disposed (see annotated figs. 2-3-ARASE, page 4);
a second region in which a battery thermal management system (39) is disposed (see annotated fig. 3-ARASE, page 4), the battery thermal management system (39) being configured to manage temperature of the battery device (31) [par. 0046]; and
a vehicle body cover (9) having a polyhedral shape (seen in fig. 1) and surrounding the first region and the second region (see annotated figs. 2-3-ARASE, below, as it applies to figs. 1-2);
in the vehicle body cover (9), an orientation of a surface (9R) in which a first air intake port (VR) arranged to guide air into the first region is formed (fig. 2), is the same as an orientation of a surface (9L) in which a second exhaust port (VL) arranged to draw air out from the second region is formed (fig. 2) [par. 0064].
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Regarding claim 3, Arase discloses:
in the vehicle body cover (9), the surface in which the first air intake port (VR) is formed is positioned on an opposite side from the surface in which the second exhaust port (VL) is formed (seen in figure 2, where surface 9R opposes surface 9L) [par. 0064].
Regarding claim 4, Arase discloses:
a cooling unit (40) configured to cool a hydraulic fluid (flowing through oil cooler 41) (seen in fig. 2) to be supplied to the work implement (2) [par. 0071], the cooling unit (40) being disposed in the first region (see annotated fig. 2-ARASE, page 4), the cooling unit (40) being disposed downstream of the battery device (31) along the direction that air inside the first region flows (from VR to VL) (see annotated fig. 2-ARASE, page 4).
Regarding claim 5, Arase discloses:
a cab (4) disposed in front of the vehicle body cover (9) (seen in fig. 1), the surface (9L) in which the second exhaust port (VL) is formed is a front surface of the vehicle body cover (9) (the Examiner reads the side where surface 9L is located as the front surface of cover 9), and at least a portion of the second exhaust port (VL) is spaced away from the cab (4) as seen in a front view (see the ‘space’ between vent VL and position P2 of cabin 4 seen in a cover 9 front view, where front surface 9L is arranged, per annotated fig. 2-ARASE, page 4).
Regarding claim 8, Arase discloses:
a rectifying member (partition member of par. 0066], the battery thermal management system (39) having a discharge port (where airflow exits system 39) arranged to discharge air (the air flowing from first air intake port VR), and the rectifying member being configured to guide air discharged from the discharge port of the battery thermal management system (39) to the second exhaust port (VL) of the vehicle body cover (9) (see annotated figs. 2-3-ARASE, page 4, where the partition member helps guide air discharge from the discharge port of the battery thermal management system 39 to the second exhaust port VL).
Allowable Subject Matter
Claims 2 and 6-7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/JENNA M MARONEY/Primary Examiner, Art Unit 3763