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 5, 16 and 17 are 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 5 recites the limitation "the charge point" in lines 9 – 10, twice. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the charge point" in lines 7 – 8, twice. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the or each electric energy storage unit" in lines 5 -6, 7 and 10. There is insufficient antecedent basis for this limitation in the claim. In lines 1 – 2 of claim 17 recites “two or more electric energy storage units”, which is further defined from the “at least one high voltage electric energy storage unit” in line 9 of claim 14. Therefore, the claim improperly changes from having (1) one electric energy storage unit, to having (2) at least two electric energy storage units, and then back to the possibility of having (3) one electric energy storage unit. This makes the claim indefinite.
Claims 1, 5, 7 and 14 – 17, include the term “the or each” which makes a confusing redundancy. The word “each” is sufficient to refer back to the “two or more” or “plurality” previously recited in the claims.
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.
(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.
Claims 1, 5 – 8, 11 and 14 – 17 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent application publication US 2020/0266496 A1 to Podolefsky.
Regarding claims 1, 5 – 8, 11 and 14 – 17, Podolefsky discloses a working machine (excavator 300) having a front and a rear defined by the principal direction of travel, the machine defining a fore-aft centreline, the machine comprising:
[Claim 1] a body (piece of equipment 298a) mounted on a ground-engaging structure (the tracks shown in Fig. 11) to permit movement of the machine over the ground;
an operator cab (the cab shown in Fig. 11) mounted on the body towards a first side of the centreline (the cab is located towards the left side of the longitudinal centreline of excavator 300, Fig. 11);
a single lifting arm (the arm having the shovel, shown in Fig. 11) pivotably mounted towards an aft end of the body, the lifting arm being located within a lifting arm housing, and wherein the lifting arm housing comprises first and second sidewalls (the left and right outer surfaces of the lifting arm form left and right walls of the housing, Fig. 11);
a drive assembly (variable frequency AC induction motor 210 and variable frequency motor driver 230) comprising a first electric motor (variable frequency AC induction motor 210) for providing power to the ground-engaging structure, wherein said first electric motor is located to a second side of the centreline, opposite the first side of the centreline (See Fig. 10); and
at least one high voltage electric energy storage unit (battery 280; high voltage, Paragraph [0060]), located aft of the cab (See Fig. 11);
wherein each electric energy storage unit is located to the cab side of the lifting arm housing (at least part of the battery is located on the cab side of the lifting arm housing, Figs. 10 and 11);
[Claim 5] wherein the machine body (piece of equipment 298a) comprises an enclosure (battery cover 360) in which each electric energy storage unit (battery 280; high voltage, Paragraph [0060]) is housed (battery cover 360, Fig. 11);
optionally wherein the enclosure is offset inboard from the rear of the machine (See Fig. 10); and/or
wherein the enclosure is located to the cab side of the lifting arm housing (See Fig. 10 showing an enclosure containing battery 280 partly on the left-cab-side of the excavator 300);
optionally wherein the machine further comprises an electric energy storage unit charger (AC outlet 315) for charging each electric energy storage unit (battery 280; high voltage, Paragraph [0060]), and a charge port (charging port 370) for connection of the charger to an external power source, and wherein the charger and the charge port are included in a cartridge (outlet panel 368, Fig. 11);
optionally wherein the cartridge is configured for installation within said enclosure;
optionally wherein the operator cab comprises a door on the cab side of the body, and wherein the charge point is located on the cab side of the body (Podolefsky does not disclose this optional italicized portion of the claim); and/or
wherein the charge point is inset from an aft-most point of the machine (Podolefsky discloses the machine body, the enclosure, the electric energy storage unit charger, charge port and cartridge of this claim);
[Claim 6] comprising two or more electric energy storage units (more than 1000 individual cells 51, Paragraph [0089]), wherein said electric energy storage units are secured to one another so as to be configured for installation on the machine as a single subassembly (the single assembly being the battery 280; Paragraph [0089]);
optionally wherein the machine comprises an upper layer and a lower layer of electric energy storage units offset from one another in at least one horizontal direction (the left and right cells 51 of battery 280, as shown in Figs. 3 and 4 are offset from one another in the left and right direction);
[Claim 7] wherein each electric energy storage unit (battery 280; high voltage, Paragraph [0060]) is elongate, such that a longitudinal axis is defined by said electric energy storage unit, and wherein each electric energy storage unit is orientated such that said longitudinal axis is substantially vertical (Fig. 11); optionally wherein the machine comprises a plurality of electric energy storage units (more than 1000 individual cells 51, Paragraph [0089]) arranged adjacent one another, and/or wherein each electric energy storage unit comprises a connector (module terminals 69) located at an upper end thereof (Fig. 4);
[Claim 8] further comprising a side enclosure (housing 362) at the lifting arm side of the body (piece of equipment 298a, Fig. 11), and a first inverter (AC/DC inverter 310) associated with the first electric motor (variable frequency AC induction motor 210), wherein the first inverter is located within the side enclosure (Fig. 11); and/or
wherein the first electric motor (variable frequency AC induction motor 210) is at least partially located within the side enclosure (housing 362, Fig. 10); and/or
wherein the machine further comprises a hydraulic pump (hydraulic pump 328) for actuation of the lifting arm, and a hydraulic tank associated with the hydraulic pump, and wherein the hydraulic pump and the hydraulic tank are located within the side enclosure;
optionally wherein the hydraulic tank is shaped so as to fit within a space envelope defined at least in part by said first electric motor;
optionally further comprising a second electric motor configured for actuation of said hydraulic pump, wherein the second electric motor is located within the side enclosure;
optionally wherein the machine further comprises a second inverter associated with the second electric motor, and wherein the second inverter is located within the side enclosure (Podolefsky does not disclose this optional italicized portion of the claim. Podolefsky discloses the side enclosure, first inverter and first electric motor of this claim.); and
[Claim 11] wherein the cab is mountable to the machine as a unit comprising a floorplate, a roof, an aft wall, a front wall, and first and second sidewalls (See Fig. 11).
Regarding claim 14, Podolefsky discloses a working machine (excavator 300) having a front and a rear defined by the principal direction of travel (See Fig. 12), the machine defining a fore-aft centreline (the geometrical centreline of the excavator the extends in the front to rear direction, as shown in Fig. 11), the machine comprising:
a body (piece of equipment 298a) mounted on a ground-engaging structure (the tracks shown in Fig. 11) to permit movement of the machine over the ground;
an operator cab (the cab shown in Fig. 11) mounted on the body towards a first side of the centreline (the cab is located towards the left side of the longitudinal centreline of excavator 300, Fig. 11);
a single lifting arm (the arm having the shovel, shown in Fig. 11) pivotably mounted towards an aft end of the body (the lifting arm is mounted to the excavator 300 at a point extending aft from the very front end of the excavator, Fig. 11), the lifting arm being located within a lifting arm housing, and wherein the lifting arm housing comprises first and second sidewalls (the left and right outer surfaces of the lifting arm form left and right walls of the housing, Fig. 11); and
at least one high voltage electric energy storage unit (battery 280; high voltage, Paragraph [0060]), located aft of the cab (See Figs. 10 and 11);
wherein the or each electric energy storage unit (battery 280; high voltage, Paragraph [0060]) is located to the cab side of the lifting arm housing (at least part of the battery is located on the cab side of the lifting arm housing, Figs. 10 and 11);
[Claim 15] wherein the machine body (piece of equipment 298a) comprises an enclosure (battery cover 360) in which the or each electric energy storage unit (battery 280; high voltage, Paragraph [0060]) is housed (battery cover 360, Fig. 11);
optionally wherein the enclosure is offset inboard from the rear of the machine (See Figs. 10 and 11); and/or
wherein the enclosure is located to the cab side of the lifting arm housing (See Fig. 10 showing an enclosure containing battery 280 partly on the left-cab-side of the excavator 300);
[Claim 16] wherein the machine further comprises an electric energy storage unit charger (AC outlet 315) for charging the or each electric energy storage unit (battery 280; high voltage, Paragraph [0060]), and a charge port (charging port 370) for connection of the electrical energy storage unit charger to an external power source, and wherein the electrical energy storage unit charger and the charge port are included in a cartridge (outlet panel 368, See Fig. 11);
optionally wherein the cartridge is configured for installation within said enclosure (battery cover 360);
optionally wherein the operator cab (the cab shown in Fig. 11) comprises a door on the cab side of the body, and wherein the charge point is located on the cab side of the body (Podolefsky does not disclose this optional italicized portion of the claim); and/or
wherein the charge point (charging port 370) is inset from an aft-most point of the machine (The outlet panel 368 containing the charging port 370 is set back from the foremost edge of the excavator, See Fig. 11); and
[Claim 17] comprising two or more electric energy storage units (more than 1000 individual cells 51, Paragraph [0089]), wherein said electric energy storage units are secured to one another so as to be configured for installation on the machine as a single subassembly (the single assembly being the battery 280; Paragraph [0089]);
optionally wherein the machine comprises an upper layer and a lower layer of electric energy storage units offset from one another in at least one horizontal direction; and/or
wherein the or each electric energy storage unit is elongate, such that a longitudinal axis is defined by said electric energy storage unit, and wherein the or each electric energy storage unit is orientated such that said longitudinal axis is substantially vertical (Podolefsky does not disclose this optional italicized portion of the claim);
optionally wherein the machine comprises a plurality of electric energy storage units (more than 1000 individual cells 51, Paragraph [0089]) arranged adjacent one another, and/or wherein the or each electric energy storage unit comprises a connector (module terminals 69) located at an upper end thereof (Fig. 4; Podolefsky discloses two or more electric energy storage units, the single sub assembly, the plurality of electric energy storage units and the connector of this claim).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Podolefsky, in view of patent document number WO 2023/072941 A1 to Huissoon et al. (hereinafter referred to as Huissoon).
Regarding claim 9, Podolefsky discloses the machine of claim 8, but does not further disclose the machine further comprising an auxiliary electric energy storage unit for auxiliary systems, wherein the auxiliary electric energy storage unit is located within the side enclosure;
optionally wherein the machine further comprises, located within the side enclosure, a brake fluid reservoir, and/or a washer fluid reservoir, and/or an isolator, and/or a power distribution unit; and/or
wherein the machine further comprises a mounting bracket located within the side enclosure, wherein the mounting bracket is configured for mounting at least two components, comprising at least one hydraulic tank or at least one auxiliary electric energy storage unit.
Huissoon discloses a modular mobile work apparatus comprising an auxiliary electric energy storage unit (energy modules 47’ on the right side of the tank 1, as shown in Fig. 1N) wherein the auxiliary electric energy storage unit is located within a side enclosure (the subframe 4; Figs. 1N and 1M; Page 16, Lns. 9 – 17). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to provide additional electric energy power to Podolefsky’s vehicle, as taught by Huissoon, to extend the working hours of the vehicle, between battery charges.
Allowable Subject Matter
Claim 2 – 4 and 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 2, Podolefsky discloses the machine of claim 1, does not disclose wherein the drive assembly comprises a gear train for transferring power from the first electric motor to the ground-engaging structure, wherein the first electric motor and/or the gear train extends at least in part beneath the lifting arm;
optionally wherein the first electric motor and/or the gear train extends through an aperture in the first sidewall of the lifting arm housing and beneath the lifting arm;
optionally wherein 20% to 60% of the first electric motor extends to the cab side of the first sidewall;
optionally wherein 30% to 50% of the first electric motor extends to the cab side of the first sidewall;
optionally wherein substantially 40% of the first electric motor extends to the cab side of the first sidewall; optionally wherein the drive assembly comprises a brake assembly defining a longitudinal axis, wherein the gear train comprises an output having an axis of rotation, and wherein said output axis of rotation is co-axial with the brake assembly longitudinal axis. Claim 3 depends from claim 2, and therefore, are also allowable.
Regarding claim 4, Podolefsky discloses the machine of claim 1, wherein the drive assembly (variable frequency AC induction motor 210 and variable frequency motor driver 230) is mounted to the body (piece of equipment 298a) at a plurality of drive assembly mounting points.
Podolefsky does not disclose wherein at least one drive assembly mounting point is provided on the first sidewall of the lifting arm housing, and at least one drive assembly mounting point is provided on the second sidewall of the lifting arm housing;
optionally wherein the first sidewall is outboard of the second sidewall;
optionally wherein at least first and second drive assembly mounting points are provided on the first sidewall of the lifting arm housing, and at least one drive assembly mounting point is provided on the second sidewall of the lifting arm housing;
optionally wherein said first drive assembly mounting point is provided above the aperture, and wherein said second drive assembly mounting point is provided below the aperture;
optionally wherein the drive assembly is pivotable in relation to the first mounting point.
Regarding claim 10, Podolefsky discloses the machine of claim 1, but does not further disclose the machine further comprising a valve block, wherein the valve block is secured to an underside of the machine;
optionally wherein the valve block comprises electro-hydraulic valves, and/or wherein the machine comprises a mounting cradle for securing said valve block to the machine, and wherein said mounting cradle is secured to the body of the machine;
optionally wherein said mounting cradle is substantially U-shaped.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/KEVIN HURLEY/ Primary Examiner, Art Unit 3611
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