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 .
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 15 and 16 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.
Claim 15 recites “[the] method according to claim 12” in line 1. Claim 12 is not a method claim. Appropriate correction is requested.
Claim 16 recites “[the] method according to claim 16” in line 1. Claim 16 is not a method claim. Appropriate correction is requested.
Claim 16 recites “wherein he loading” in line 1. This should read –wherein the loading--.
Claim 16 recites the limitation “increase efficiency” in line 2. There is no prior mention of efficiency, therefore there is no reference to establish what would be an increase efficiency.
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)(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, 9, 10, 11, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ABE et al. (JP 2018052431 A).
Regarding claim 1, ABE discloses a driving apparatus for a mobile crane, comprising: an internal combustion engine for outputting power, an electric machine for outputting power in its motor mode and/or for generating power in its generator mode, and a transfer case for selectively distributing a power output to the transfer case to a drive mechanism for moving the mobile crane and to a pump arrangement for performing a crane operation, wherein the internal combustion engine cooperates with an input shaft of the transfer case, the input shaft cooperates with the driving mechanism, the electric machine cooperates with an intermediate shaft of the transfer case, and the pump arrangement cooperates with an output shaft of the transfer case, wherein a first clutch arranged between the input shaft and the intermediate shaft, for coupling the input shaft and the intermediate shaft to each other or decoupling them from each other as required, and a second clutch arranged between the intermediate shaft and the output shaft for coupling the intermediate shaft and the output shaft to each other or decoupling them from each other as required.
Regarding claim 2, ABE discloses an energy storage connected to the electric machine for storing energy from the electric machine in the generator mode or supplying energy to the electric machine in the motor mode.
Regarding claim 9, ABE discloses when the first clutch is closed and the second clutch is open, the transfer case is configured to supply power of the internal combustion engine to the driving mechanism which is usable to move the mobile crane.
Regarding claim 10, ABE discloses when the first clutch is closed and the second clutch is open, the transfer case is configured to effect a force fit connection with the electric machine, so that the electric machine can generate power in a generator mode or support the output of the internal combustion engine in a motor mode.
Regarding claim 11, ABE discloses when the second clutch is closed, the transfer case is configured to decouple the driving mechanism from the input shaft by means of a third clutch to ensure that crane operation is only possible when the mobile crane is stationary.
Regarding claim 13, ABE discloses a method of operating a driving apparatus according to claim 1.
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.
Claim(s) 3-8, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over ABE et al. (JP 2018052431 A) as applied to claims 1, 2, 9, 10, 11, and 13 above, and further in view of UTSUGIBAYASHI (JP 2014046997).
Regarding claim 3, ABE, discloses the driving apparatus, but does not disclose at least one auxiliary consumer, wherein the at least one auxiliary consumer for energy supply is connected to the electric machine in an intermediate circuit.
UTSUGIBAYASHI teaches a driving apparatus with an auxiliary consumer (50), wherein the at least one auxiliary consumer (50) for energy supply is connected to the electric machine in an intermediate circuit.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the driving apparatus of ABE to have an auxiliary consumer, as taught by UTSUGIBAYASHI so that the vehicle could have an air conditioner for cooling or dehumidifying the air in the driving cab (UTSUGIBAYASHI).
Regarding claim 4, the combination of ABE- UTSUGIBAYASHI discloses the intermediate circuit has a connection possibility to an external power supply.
Regarding claim 5, the combination of ABE- UTSUGIBAYASHI discloses the intermediate circuit is connected to the electric machine via at least one contactor and/or an inverter.
Regarding claim 6, the combination of ABE- UTSUGIBAYASHI discloses an onboard network is connected to the intermediate circuit via a DC/DC converter.
Regarding claim 7, the combination of ABE- UTSUGIBAYASHI discloses a manual transmission for shifting different gears, which is arranged between the input shaft of the transfer case and an engine output shaft of the internal combustion engine, wherein the output of the manual transmission cooperates with or is the input shaft of the transfer case.
Regarding claim 8, the combination of ABE- UTSUGIBAYASHI discloses the electric machine is a high-voltage electric motor.
Regarding claim 17, the combination of ABE- UTSUGIBAYASHI discloses at least one auxiliary consumer (50), the auxiliary consumer being a heating element for tempering a cabin and/or driver's cab of the mobile crane and/or a compressor of an air conditioning system for tempering a cabin of the mobile crane, and/or a heat pump for tempering an energy storage and/or a heating element for tempering an energy storage, wherein the at least one auxiliary consumer for energy supply is connected to the electric machine in an intermediate circuit.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over ABE et al. (JP 2018052431 A) as applied to claims 1, 2, 9, 10, 11, and 13 above.
Regarding claim 12, ABE discloses the mobile crane, but does not disclose the crane having a lifting moment of at least 400kNm.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the mobile crane of ABE such that it would have a lifting moment of at least 400kNm, since it has been established, that were the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges is a matter of routine skill in the art.
Allowable Subject Matter
Claims 14-16 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK D. KNIGHT whose telephone number is (571)272-7951. The examiner can normally be reached Telework: From 5:30am-1:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEREK D KNIGHT/ Primary Examiner, Art Unit 3655
