CTNF 18/776,444 CTNF 87094 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Information Disclosure Statement The information disclosure statements (IDS) submitted on (7/18/24 8/16/24 12/23/24) are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Double Patenting 08-33 AIA 1. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp. 1. Claims 1 and 3-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9, 11-12 and 15-16 of U.S. Patent No. 12,091,089. Although the claims at issue are not identical, they are not patentably distinct. Specifically, claim 1 omits the limitation in claim 9 of U.S. Patent No. 12,091,089 (Lines 6-7 with respect to cover opening and closing). Claims 2-6 are rejected as dependent from claim 1 and rejected based said dependency. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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 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. 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: 07-08-aia AIA 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. 07-15 AIA Claim s 1-4 and 6 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Uno (US PG PUB NO 2011/0108338) . [CLAIM 1] Regarding claim 1, Uno discloses an electric work vehicle comprising: a driver section (Uno, FIG 1A) that an operator is able to enter; a battery (24) forward of the driver section; a motor (17) drivable on electric power supplied by the battery; a travel device (Wheels 15-16) drivable by the motor; and a cover (External hood 26); wherein the battery includes: an electricity storage to store electric power (Batteries inherently include energy stores, see at least paragraph [0016]); and a battery cover hermetically accommodating the electricity storage (Batteries are sealed for safety and debris/water intrusion to maintain the desired life span); and the battery cover includes an outer wall surface (Body 11 encloses the battery structure) defining a portion of an exterior of the electric work vehicle (Uno, FIG 1A), and the cover is in front of the battery cover (The body 11 of Uno is exemplary enclosing the powertrain/drivetrain and can be oriented as desired based on vehicle application with covers). PNG media_image1.png 739 628 media_image1.png Greyscale [CLAIM 2] Regarding claim 2, Uno discloses the electric work vehicle according to claim 1, wherein the cover is adjacent to the battery (Uno, FIG 1A illustrates the conventional vehicle as finally assembled). [CLAIM 3] Regarding claim 3, Uno discloses the electric work vehicle according to claim 1, wherein the cover is held by the battery cover (After final assembly, all of the components and body are ultimately interconnected). [CLAIM 4] Regarding claim 4, Uno discloses the electric work vehicle according to claim 1, wherein the cover is movable relative to the battery cover (Each vehicle body part and component is selectively movable for service/body repair and maintenance). [CLAIM 6] Regarding claim 6, Uno discloses the electric work vehicle according to claim 1, wherein the battery cover (Uno is exemplary and at least body 11 forms a cover when ultimately assembled) includes a left side wall and a right side wall (Uno, FIG 1A); and the left side wall and the right side wall are oriented vertically or substantially vertically, and are parallel or substantially parallel to each other in a plan view (Uno, FIG 1A is exemplary and illustrates enclosures of the vehicle) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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 of this title, 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. 07-23-aia AIA The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 07-21-aia AIA 1. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Uno (US PG PUB NO 2011/0108338) in view of Plett et al. (US PG PUB NO 2008/0129079) . [CLAIM 5] Regarding claim 5, Uno discloses electric work vehicle according to claim 1. -However, it fails to disclose wherein the battery cover includes an inspection opening allowing communication between an inside and outside of the battery cover, and includes an inspection opening cover capable of exposing and closing the inspection opening. -Nevertheless, Plett discloses a removable/openable panel for battery/powertrain access, see paragraph [0004] which in part recites “frequent inspection”. - Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Uno for battery maintenance as taught by Plett with a reasonable expectation of success in order to improve utility of the vehicle for ease of access and reduce warranty repair cost and complexity . PNG media_image2.png 732 645 media_image2.png Greyscale Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found on the attached Notice of References Cited . Any inquiry concerning this communication or earlier communications from the examiner should be directed to whose telephone number is (571)270-3411. The examiner can normally be reached on 9AM-6PM PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached on (571)272-.4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JAMES J TRIGGS/Examiner, Art Unit 3615 /MARC Q JIMENEZ/Supervisory Patent Examiner, Art Unit 3615 Application/Control Number: 18/776,444 Page 2 Art Unit: 3615 Application/Control Number: 18/776,444 Page 3 Art Unit: 3615 Application/Control Number: 18/776,444 Page 4 Art Unit: 3615 Application/Control Number: 18/776,444 Page 5 Art Unit: 3615 Application/Control Number: 18/776,444 Page 6 Art Unit: 3615 Application/Control Number: 18/776,444 Page 7 Art Unit: 3615 Application/Control Number: 18/776,444 Page 8 Art Unit: 3615
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