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 .
Double Patenting
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims of U.S. Patent No(s). 11,678,148 and 12,096,313. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of currently pending Application No. 18/800,323 are broader and obvious variants of the claims of U.S. Patent No(s). 11,678,148 and 12,096,313.
Claim Rejections - 35 USC § 103
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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Brusco (US 2018/0065544 A1) in view of Bernstein (US 2013/0127611 A1).
Regarding claim 1, Brusco discloses a device (see at least Figure 1, item 10 | [0011] note while the electric vehicles 10 illustrated in Figure 1 are cars, the term electric vehicles may include cars, trucks, motorcycles, mopeds, bicycles, buses, etc.), comprising:
at least one wheel (see at least Figure 1 | [0011] note a truck could comprise a garbage truck that utilizes fork arms to engage the lift channels of a dumpster, or a mechanical arm to engage a trash can);
a prime mover configured to drive the at least one wheel (see at least [0011] note the electric motor); and
a connectivity module communicably coupled with the device (see at least Figure 1, item 15 | [0014] note the controller 15 | [0024] note the controller 15 includes a transmitter 30), wherein the connectivity module is configured to:
receive, from a device, a selection of an attribute of a component of the device (see at least Figure 1, item 32 | [0024] note the driver of vehicle 10 may use a cellphone 32 to select a button that requests a battery status of a battery of the vehicle 10);
determine a threshold measure associated with the selected attribute (see at least [0016] note at least one threshold measure is determined);
receive, via a sensor, a measure associated with the selected attribute of the component of the device (see at least Figure 1, item 17 | [0014] note the controller 15 receives the charge of the battery from the sensor(s) 17);
compare the received measure and the threshold measure associated with the selected attribute of the component of the device (see at least [0016] note the controller 15 compares the received battery charge to at least one threshold measure); and
provide, based on the comparison, an indication in accordance with an indicator characteristic representing a status of the component of the device (see at least [0016] note the controller 15 can control a light 22 to emit a green color if the received battery charge is between 60-80%).
However, Brusco does not specifically disclose a lift device, comprising: an implement; a prime mover configured to drive the implement.
It is known to monitor various types of vehicles. For example, Bernstein teaches a system that monitors a lift device, comprising: an implement; a prime mover configured to drive the implement (see at least Figure 1, item 12 | [0019-0022] note the connectivity module (12) monitors at least the battery of a car, truck or tractor, which utilize implements such as a mower deck, front end loader, backhoe, pallet fork, etc. | [0031] note the indication can be electronic, visual, audible, etc.).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Bernstein into Brusco. This provides a known alternative vehicle that can be used in place of, or in addition to, Brusco’s vehicle while providing predictable results.
Regarding claim 2, Brusco in view of Bernstein teach further comprising an indicator communicably coupled to the connectivity module, wherein the indicator is configured to provide the indication representing the status of the component of the lift device to an observer (see at least Figure 1, items 15, 16, 18 and 22 of Brusco | [0014] of Brusco).
Regarding claim 3, Brusco in view of Bernstein teach wherein the indicator is a lighting device and the indication is at least one of the lighting device in a solid on state, a solid off state, a flashing state, or a strobe state (see at least [0016-0017] of Brusco, note solid on and flashing states).
Regarding claim 4, Brusco in view of Bernstein teach wherein the lighting device in the solid on state indicates the status of a battery of the lift device is fully charged (see at least [0016-0017] of Brusco, note a blue solid on state can indicate a 100% battery charge).
Regarding claim 5, Brusco in view of Bernstein teach wherein the lighting device in the flashing state indicates the status of a battery of the lift device is charging (see at least [0017] of Brusco, note flashing can indicate the battery is charging).
Regarding claim 6, Brusco in view of Bernstein teach wherein the attribute of the component is a power level of a battery of the lift device (see at least [0016] of Brusco, note blue emitted light can indicate a 100% power level of a battery).
Regarding claim 7, Brusco in view of Bernstein teach wherein the status of the component of the lift device is at least one of a fuel level of the lift device, a battery power level of the lift device, an ignition status of the lift device, or an operational status of the lift device (see at least [0016] of Brusco, note red, orange, green or blue emitted light indicates a battery power level).
Regarding claim 8, Brusco in view of Bernstein teach wherein the threshold measure is determined via a control system of the lift device (see at least [0020-0021] of Brusco, note the threshold measure is determined via the touchscreen interface and GPS of the vehicle, such as a navigation system).
Regarding claim 9, Brusco in view of Bernstein teach wherein the connectivity module is configured to operate in a first mode when the lift device is powered on, and wherein in the first mode the connectivity module is configured to communicate with the device via a long range radio frequency networking communication (see at least [0012] of Brusco, note the vehicle is turned off when charging | [0024] of Brusco, note a driver could communicate their request for battery status via their electronic device (32) (e.g., a cellphone, laptop, tablet, watch, electronic wristband, key fob, etc.) and cellphone towers (34) anytime, such as when the vehicle is on and/or off).
Regarding claim 10, Brusco in view of Bernstein teach wherein the connectivity module is configured to operate in a second mode when the lift device is powered off, and wherein in the second mode the connectivity module is configured to communicate with the device via a short range radio frequency networking communication (see at least [0012] of Brusco, note the vehicle is turned off when charging | [0024] of Brusco, note a driver could communicate their request for battery status via their Bluetooth electronic device (32) while the vehicle is charging and off).
Regarding claim 11, Brusco discloses a connectivity system (see at least Figure 1 | [0024]), comprising:
a device (see at least Figure 1, item 32 | [0024] note the electronic device 32 could be a cellphone, laptop, tablet, watch, electronic wristband, key fob); and
a wheeled device (see at least Figure 1, item 10 | [0011] note while the electric vehicles 10 illustrated in Figure 1 are cars, the term electric vehicles may include cars, trucks, motorcycles, mopeds, bicycles, buses, etc.) comprising:
a wheel (see at least Figure 1 | [0011] note a truck could comprise a garbage truck that utilizes fork arms to engage the lift channels of a dumpster, or a mechanical arm to engage a trash can);
a prime mover configured to drive the wheel (see at least [0011] note the electric motor); and
a connectivity module communicably coupled with the wheeled device (see at least Figure 1, item 15 | [0014] note the controller 15 | [0024] note the controller 15 includes a transmitter 30), wherein the connectivity module is configured to:
receive, from the device, a selection of an attribute of a component of the wheeled device (see at least Figure 1, item 32 | [0024] note the driver of vehicle 10 may use a cellphone 32 to select a button that requests a battery status of a battery of the vehicle 10);
determine a threshold measure associated with the selected attribute (see at least [0016] note at least one threshold measure is determined);
receive, via a sensor, a measure associated with the selected attribute of the component of the wheeled device (see at least Figure 1, item 17 | [0014] note the controller 15 receives the charge of the battery from the sensor(s) 17);
compare the received measure and the threshold measure associated with the selected attribute of the component of the wheeled device (see at least [0016] note the controller 15 compares the received battery charge to at least one threshold measure); and
provide, based on the comparison, an indication in accordance with an indicator characteristic representing a status of the component of the lift device (see at least [0016] note the controller 15 can control a light 22 to emit a green color if the received battery charge is between 60-80%).
However, Brusco does not specifically disclose a fleet; a lift device, comprising: an implement; a prime mover configured to drive the implement.
It is known to monitor various types of vehicles. For example, Bernstein teaches a system that monitors a fleet; and a lift device, comprising: an implement; a prime mover configured to drive the implement (see at least Figure 1, item 12 | [0019-0022] note the manufacturing company uses a connectivity module (12) to monitor at least the battery of a car, truck or tractor, which utilize implements such as a mower deck, front end loader, backhoe, pallet fork, etc. | [0031] note the indication can be electronic, visual, audible, etc.).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Bernstein into Brusco. This provides a known alternative vehicle that can be used in place of, or in addition to, Brusco’s vehicle while providing predictable results.
Regarding claim 12, Brusco in view of Bernstein teach wherein the lift device further comprises an indicator communicably coupled to the connectivity module, and wherein the indicator is configured to provide the indication representing the status of the component of the lift device (see at least Figure 1, items 15, 16, 18 and 22 of Brusco | [0014] of Brusco).
Regarding claim 13, Brusco in view of Bernstein teach wherein the indicator is a lighting device and the indication is at least one of the lighting device in a solid on state, a solid off state, a flashing state, or a strobe state (see at least [0016-0017] of Brusco, note solid on and flashing states).
Regarding claim 14, Brusco in view of Bernstein teach wherein the connectivity module is configured to determine the threshold measure via a control system of the lift device (see at least [0020-0021] of Brusco, note the threshold measure is determined via the touchscreen interface and GPS of the vehicle, such as a navigation system).
Regarding claim 15, Brusco in view of Bernstein teach wherein the attribute of the component is a power level of a battery of the lift device (see at least [0016] of Brusco, note blue emitted light can indicate a 100% power level of a battery).
Regarding claim 16, Brusco in view of Bernstein teach wherein the connectivity module is configured to provide the indication to the device, and wherein the indication is a graphical interface status icon that the device displays (see at least [0024] of Brusco, note the message can include symbols and words | [0021] of Brusco, note symbols | [0018] of Brusco, note logo and symbol).
Regarding claim 17, Brusco discloses a method for providing a status of a component of a wheeled device (see at least Figure 1, item 10 | [0011] | [0014]), comprising:
receiving, from a device, a selection of an attribute of the component of the wheeled device (see at least Figure 1, item 32 | [0024] note the driver of vehicle 10 may use a cellphone 32 to select a button that requests a battery status of a battery of the vehicle 10);
determining a threshold measure associated with the selected attribute (see at least [0016] note at least one threshold measure is determined);
receiving, via a sensor, a measure associated with the selected attribute of the component of the wheeled device (see at least Figure 1, item 17 | [0014] note the controller 15 receives the charge of the battery from the sensor(s) 17);
comparing, via a connectivity module, the received measure and the threshold measure associated with the selected attribute of the component of the wheeled device (see at least [0016] note the controller 15 compares the received battery charge to at least one threshold measure); and
providing, via an indicator and based on the comparison, an indication in accordance with an indicator characteristic representing the status of the component of the wheeled device (see at least [0016] note the controller 15 can control a light 22 to emit a green color if the received battery charge is between 60-80%).
However, Brusco does not specifically disclose a lift device.
It is known to monitor various types of vehicles. For example, Bernstein teaches a system that monitors a lift device (see at least Figure 1, item 12 | [0019-0022] note the connectivity module (12) monitors at least the battery of a car, truck or tractor, which utilize implements such as a mower deck, front end loader, backhoe, pallet fork, etc. | [0031] note the indication can be electronic, visual, audible, etc.).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Bernstein into Brusco. This provides a known alternative vehicle that can be used in place of, or in addition to, Brusco’s vehicle while providing predictable results.
Regarding claim 18, Brusco in view of Bernstein teach wherein the indicator is a lighting device, and wherein providing the indication representing the status of the component of the lift device includes providing at least one of the lighting device in a solid on state, a solid off state, a flashing state, or a strobe state (see at least [0016-0017] of Brusco, note solid on and flashing states).
Regarding claim 19, Brusco in view of Bernstein teach wherein providing the lighting device in the solid on state indicates the status of a battery of the lift device is fully charged (see at least [0016] of Brusco, note blue emitted light can indicate a 100% power level of a battery).
Regarding claim 20, Brusco in view of Bernstein teach wherein comparing the received measure and the threshold measure associated with the attribute of the component of the lift device includes determining at least one of a fuel level of the lift device, a battery power level of the lift device, an ignition status of the lift device, or an operation status of the lift device (see at least [0016] of Brusco, note red, orange, green or blue emitted light indicates a battery power level).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN WILSON whose telephone number is 571-270-5884. The examiner can normally be reached Monday-Friday 9:00-5:00pm.
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/BRIAN WILSON/Primary Examiner, Art Unit 2689