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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 8, 11-14, 16, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Musachio (US 5,134,254).
Referring to Claim 1: Musachio discloses a system comprising:
an electric road system (Fig. 9) for enabling electrical powering of vehicles (310) during travelling, the electric road system comprising a plurality of segments (300a-300f) consecutively arranged along a single track line to provide alternating potentials (Fig. 9), wherein every second of the plurality of segments belong to a first set of segments to be powered (300a, 300c, 300e), wherein other segments form a second set of non-powered segments (300b, 300d, 300f) (Fig. 9) (Col. 8, lines 41-51); and
an electrical power collector (312, 314) arranged underneath a vehicle (Fig. 9), the electrical power collector comprising a plurality of collectors arranged such that, at any moment during travelling, a first collector (314) of the plurality of collectors is in connection with a segment (300c) belonging to the first set of segments and a second collector (312) of the plurality of collectors is in connection with a segment (300b) belonging to the second set of segments to enable continuous collection of power from the single track line (Col. 8, lines 48-55) (Fig. 9).
Referring to Claim 2: Musachio discloses a system according to claim 1, wherein the each of the plurality of segments (300a-300f) consecutively arranged along the single track line have a length, along the single track line, being shorter than a length of the vehicle, along the traveling direction of the vehicle (Col. 8, lines 48-55) (Fig. 9).
Referring to Claim 4: Musachio discloses the system according to claim 1, wherein neighboring segments of the plurality of segments (300a-300f) consecutively arranged along the single track line are separated by a respective electrically isolating member (Col. 3, lines 49-50) (Fig. 9).
Referring to Claim 8: Musachio discloses an electrical power collector (312, 314) configured to be arranged underneath a vehicle (310), the electrical power collector comprising a plurality of collectors (312, 314) configured to make conductive contact with segments (300a-300f) of electric road system (Fig. 9), the segments of the electric road system being consecutively arranged along a single track line to provide alternating potentials (Fig. 9), wherein every second of the plurality of segments belong to a first set of segments (300a, 300c, 300e) to be powered, wherein other segments form a second set of non-powered segments (300b, 300d, 300f) (Fig. 9) (Col. 8, lines 41-51),
wherein the plurality of collectors (312, 314) of the electrical power collector are arranged such that, at any moment during travelling of the vehicle, a first collector (314) of the plurality of collectors is in connection with a segment (300c) belonging to the first set of segments and a second collector (312) of the plurality of collectors is in connection with a segment (300b) belonging to the second set of segments to enable continuous collection of power from the single track line (Col. 8, lines 48-55) (Fig. 9).
Referring to Claim 11: Musachio discloses the electrical power collector according to claim 8, further comprising a current direction means (446) configured to switch current direction running through the collectors of the electrical power collector depending on which collector is conductively connected to which potential (Col. 9, line 49 – Col. 10, line 8) (Figs. 10 and 11).
Referring to Claim 12: Musachio discloses the electrical power collector according to claim 11, wherein the current direction means (446) comprises one or more of a switch transistor and a diode (452, 454, 446, 450) (Col. 9, line 64 – Col. 10, line 8) (Fig. 11).
Referring to Claim 13: Musachio discloses an electric road system for enabling electrical powering of vehicles (310) during travelling, each vehicle having an electrical power collector (312, 314) arranged underneath the vehicle, the electrical power collector comprising a plurality of collectors arranged at a distance from each other along a traveling direction of the vehicle (Fig. 9), the electric road system comprising:
a plurality of segments (300a-300f) consecutively arranged along a single track line to provide alternating potentials (Fig. 9),
wherein every second of the plurality of segments belong to a first set of segments (300a, 300c, 300e) to be powered (Col. 8, lines 41-48) (Fig. 9),
wherein other segments form a second set of non-powered segments (300b, 300d, 300f) (Col. 8, lines 41-48) (Fig. 9),
wherein the plurality of segments are arranged such that, at any moment during travelling of a vehicle among the vehicles, one of the segments (300c) belonging to the first set of segments (300a, 300c, 300e) is in contact with a first collector (314) of the plurality of collectors and one of the segments (300b) belonging to the second set of segments (300b, 300d, 300f), the one of the segments belonging to the second set of segments being a segment neighboring the one of the segments belonging to the first set of segments, is in contact with a second collector (312) of the plurality of collectors to enable continuous collection of power from the single track line (Col. 8, lines 48-55) (Fig. 9).
Referring to Claim 14: Musachio discloses the electric road system according to claim 13, wherein the each of the plurality of segments (300a-300f)consecutively arranged along the single track line have a length, along the single track line, being shorter than a length of the vehicle, along the traveling direction of the vehicle (Col. 8, lines 48-55) (Fig. 9).
Referring to Claim 16: Musachio discloses the electric road system according to claim 13, wherein neighboring segments of the plurality of segments (300a-300f) consecutively arranged along the single track line are separated by a respective electrically isolating member (Col. 3, lines 49-50) (Fig. 9).
Referring to Claim 18: Musachio discloses the system according to claim 13, wherein each of the plurality of segments (300a-300f) has an equal length along the single track line (Col. 5, line 65 – Col. 6, line 3).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3, 5, 15, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Musachio in view of Cornic (US 6,230,861).
Referring to Claims 3 and 15: Musachio teaches that “[c]urrent collectors 24 and 26 are spaced to insure contact with a different power rail segment 20 during travel by vehicle 12 along roadway 14. The length of power rail segments 20 is standardized. Thus current collectors 24 and 26 must have a certain minimum spacing to avoid simultaneous contact with the same power rail segment” (Col. 5, line 65 – Col. 6, line 3) (see also Figs. 1-3 and 9 teaching various spacing embodiments), but does not specifically teach that the length of each of the plurality of segments is around 1 m. However, Cornic teaches a buried power supply system for an electric vehicle, wherein “the length of a segment is approximately in the range one meter to two meters” (Col. 3, lines 45-48). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Musachio to standardize the length of the plurality of segments around 1m, as taught by Cornic, in order to optimize the segment length relative to the vehicle and collector sizing with a reasonable expectation of success. Further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP § 2144.05 (II)(A).
Referring to Claims 5 and 17: Musachio does not specifically teach that a length, along the single track line, of each electrically isolating member is in the range of 10-30 cm. However, Cornic teaches that conductive segments “are electrically isolated from one another by a suitable insulating material of determined minimum thickness that is a function, in particular, of the power supply voltage delivered to the vehicles.” (Col. 3, lines 35-39). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for Musachio to standardize the length of each electrically isolating member in the range of 10-30 cm with a reasonable expectation of success, as Cornic teaches that the minimum insulating member thickness is determined as a function of the power supply voltage to ensure electrical isolation. Further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP § 2144.05 (II)(A).
Allowable Subject Matter
Claims 6, 7, 9, 10 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6 and depending claim 7, Musachio teaches that each of the plurality of segments (300a-300f) has an equal length along the single track line (Col. 5, line 65 – Col. 6, line 3). However, Musachio does not teach that a smallest distance between two of the plurality of collectors of the electrical power collector, along a travelling direction of the vehicle, is shorter than the equal length, as recited in claim 6. Musachio teaches against the collectors being spaced at a smaller distance than the conductor segment length as follows, “Thus current collectors 24 and 26 must have a certain minimum spacing to avoid simultaneous contact with the same power rail segment.” (Col. 6, lines 1-3). Modifying Musachio in this manner would interfere with the intended operation of Musachio, and thus, would not be an obvious modification.
Regarding claim 9, Musachio teaches that each of the plurality of segments (300a-300f) has an equal length along the single track line (Col. 5, line 65 – Col. 6, line 3). However, Musachio does not teach that a smallest distance between two of the plurality of collectors of the electrical power collector, along a travelling direction of the vehicle, is shorter than the equal length, as recited in claim 9. Musachio teaches against the collectors being spaced at a smaller distance than the conductor segment length as follows, “Thus current collectors 24 and 26 must have a certain minimum spacing to avoid simultaneous contact with the same power rail segment.” (Col. 6, lines 1-3). Modifying Musachio in this manner would interfere with the intended operation of Musachio, and thus, would not be an obvious modification.
Regarding claim 10, Musachio does not teach three or more collectors arranged one after the other along a travelling direction of the vehicle, as recited in claim 10. Musachio teaches against adding a third collector, which would result in spacing between collectors at a smaller distance than the conductor segment length, as follows, “Thus current collectors 24 and 26 must have a certain minimum spacing to avoid simultaneous contact with the same power rail segment.” (Col. 6, lines 1-3). Modifying Musachio to include three or more collectors would interfere with the intended operation of Musachio by reducing spacing between collectors, and thus, would not be an obvious modification.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY L KUHFUSS whose telephone number is (571)270-7858. The examiner can normally be reached Monday - Friday 10:00am to 6:00 pm CDT.
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/ZACHARY L KUHFUSS/Primary Examiner, Art Unit 3615A
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