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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 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)(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.
Claim(s) 1, 6-7, 9, 15-16, 19, and 22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Frerebeau et al. (US 2024/0425336 A1) hereinafter, Frere.
Regarding claims 1 and 16, Frere teaches a handling machine (1), comprising:
a chassis (2) having a median longitudinal axis (X) and including two longitudinal members (6, 7) extending on either side of the median longitudinal axis (Fig 3);
a load-handling device (3) moveably mounted to the chassis (Para [0075]);
a driver's cab (22) fastened to the chassis and positioned on a first side of the chassis (Fig 3) with respect to the median longitudinal axis of the chassis;
at least one tank (32), configured to contain hydrogen (Para [0105]); and a hydrogen-consuming equipment connected to the tank via a supply line (Fig 3), the hydrogen-consuming equipment being one of a fuel cell (17, Fig 3) and a hydrogen internal combustion engine (optional), wherein:
the tank is housed in the chassis between the two longitudinal members (Fig 3); and
a casing (23) fastened to a second side of the chassis (Fig 3), opposite the first side with respect to the median longitudinal axis (Fig 3) and wherein the hydrogen-consuming equipment is housed in the casing (Fig 3).
Regarding claims 6 and 19, Frere teaches an electric motor (11, 12, 13), which is configured to one or more of move the handling machine, and actuate the load-handling device, wherein the hydrogen-consuming equipment is a fuel cell (1) configured to generate electrical energy intended to supply the electric motor with power (Para [0076]- [0077] and Fig 3).
Regarding claims 7 and 20, Frere teaches an electrical energy storage device (18), wherein the fuel cell and the electrical energy storage device are electrically connected to one another,
the fuel cell and the electrical energy storage device are electrically connected in parallel with the electric motor (Para [0079] and Fig 3).
Regarding claims 9 and 22, Frere teaches a DC-to-DC voltage converter (21) connected to the fuel cell, the electric motor, and the electrical energy storage device (Para [0085] and Fig 3).
Regarding claim 15, Frere teaches that the load-handling device has a lifting arm (3) articulably connected to the two longitudinal members between the longitudinal members so as to be pivotable with respect to the two longitudinal members about a transverse pivot axis (P, Para [0075] and Fig 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) 4 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frerebeau et al. (US 2024/0425336 A1) in view of Kawasaki et al. (US 2004/0020696 A1) hereinafter, Kawasaki.
Regarding claims 4 and 17, Frere teaches the machine of claims 1 and 16. However, Frere does not teach a pressure regulator.
Kawasaki teaches that the supply line connecting the tank to the hydrogen-consuming equipment has a pressure regulator (48), and the pressure regulator and an upstream portion of the supply line are housed in the chassis between the first and second longitudinal members (the entire system is housed between 70 and 80, Fig 1).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the invention, to modify Frere’s machine, in view of Kawasaki, with a pressure regulator, to ensure system safety and security.
Claim(s) 5 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frerebeau et al. (US 2024/0425336 A1) in view of Ryuichi (JP 2002-340298 A).
Regarding claims 5 and 18, Frere teaches the machine of claims 1 and 16. However, Frere does not teach a bulkhead fitting.
Ryuichi teaches that the supply line has a bulkhead fitting (8a, 8b, 8c, 8d) housed in an orifice (6) defined in one of the first and second longitudinal members, and the supply line passes through the one of the first and second longitudinal members via the bulkhead fitting (First and second Para of Page 8, and Fig 1).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the invention, to modify Frere’s machine, in view of Ryuichi, with a bulkhead fitting, to effectively suppress the occurrence of stress distortion at the portion and effectively prevent gas leakage at the joint (Para [0030]).
Claim(s) 8, 10, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frerebeau et al. (US 2024/0425336 A1) in view of Yamagami (US 2009/0236182 A1).
Regarding claims 8, 10, and 21, Frere teaches the machine of claims 1 and 16. However, Frere does not teach a DC-to-DC voltage converter or electrical energy storage device housed in a housing beneath the driver's cab.
Yamagami teaches DC-to-DC voltage converter (30, 35) and electrical energy storage device (B) housed in a housing (23) beneath the driver's cab (Para [0023]- [0024] and Fig 1 and 2).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the invention, to modify Frere’s machine, in view of Yamagami, with a housing for the converter and the battery, to ensure system functionality and equipment protection from damage.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frerebeau et al. (US 2024/0425336 A1) in view of Landgraf et al. (US 2017/0120738 A1).
Regarding claim 11, Frere teaches the machine of claim 1. However, Frere is silent about the tank being cylindrical.
Landgraf teaches at least one tank (33) is cylindrical about a central axis and the central axis is parallel to the median longitudinal axis (Fig 3).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the invention, to modify Frere’s machine, in view of Landgraf, with a cylindrical tank parallel to the longitudinal axis, for optimal stress distribution.
Allowable Subject Matter
Claims 12-14 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: Claim 12 recites that at least two tanks (53, 54) configured to contain hydrogen housed in the chassis (2) between the two longitudinal members (6, 7), laterally on either side of the transmission shaft (51).
Claim 14 recites that two electric motors (13, 14) respectively coupled to the front axle (4) and to the rear axle (5) via a transmission device and housed inside the chassis (2), respectively in front of and to the rear of the at least one tank (53, 54).
Since the prior art (e.g. Frere) teaches machine that lack said features, the prior art does not anticipate the claimed subject matter.
For illustration purposes, Fig 7 of the examined disclosure shows tanks layout, which is different than the tank alyout taught by the prior art of record (Fig. 5 of Frere and Fig. 3 of Landgraf, etc.)
Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references noted on the attached PTO-892 form teach handling machines of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSAM SHABARA whose telephone number is (571)272-5495. The examiner can normally be reached M-F 8 am-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOSAM SHABARA/Examiner, Art Unit 3618
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