DETAILED ACTION
This action is a non-final, first office action on the merits in response to applicant’s communication filed on 10/25/2024, wherein claims 1-5 are currently pending.
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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) based upon an application filed in Japan. The certified copy has been filed in parent Application No. JP2023-214765, filed on 12/20/2023.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/25/2024, 5/22/2026, and 6/18/2026 are being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
In the Solution to Problem section, "in a case where direction a travelling of the travelling section" appears to be a typographical error for "in a case where a travelling direction of the travelling section."
In the Reinforcing Member section, "The member 422c is third reinforcing provided in the left of the opening 420" is unclear and appears to intend "The third reinforcing member 422c is provided to the left of the opening 420."
In the First Deformable Part and Second Deformable Part section, "A second deformable part A2 of the second deformable part A2 includes" contains duplicative language.
In the same section, the statement "The second deformable part A2 is provided with the second reinforcing member 422b" is inconsistent with the earlier statements that the second reinforcing member 422b is included in the first deformable part A1 and that the second deformable part A2 includes the fourth reinforcing member 422d.
Appropriate correction is required.
Claim Interpretation - 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
"a travelling section configured to travel along a travelling path" in claim 1; and
"a power storage section configured to store electricity" in claims 1, 2, and 3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 112(f) limitation:
"a travelling section configured to travel along a travelling path" invokes §112(f). Corresponding structure: travelling section 10 having two pairs of right and left travelling wheels 11 (FIG. 1; "Configuration of Article Conveyance Device").
"a power storage section configured to store electricity" invokes §112(f). Corresponding structure: power storage section 30, "made up from, for example, a battery," rectangular parallelepiped (FIGS. 2-3; "Power Storage Section").
Claims 2 through 5 directly or indirectly incorporate claim 1 and therefore incorporate the above limitations as construed. Recitation of further structure in a dependent claim narrows the inherited limitation but does not remove it from 112(f) treatment. See Laitram Corp. v. Rexnord, Inc., 939 F.2d 1533, 1538 (Fed. Cir. 1991).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-5 are rejected under 35 U.S.C. §103 as being unpatentable over Wada (US 2017/0008700 A1) (Cited on IDS of 10/25/2024) in view of Hickey et al. (US 2013/0241217 A1), hereinafter "Hickey."
Regarding Claim 1, Wada discloses:
An article conveyance device comprising: — (See FIG. 3, vehicle V2, Wada Par. [0030]);
a travelling section configured to travel along a travelling path — (See FIG. 3, travel portion 11, wheels W1 and rails R, Wada Pars. [0028], [0030]).
a body section suspended from the travelling section — (See FIG. 3, main body portion 12 suspended from travel portion 11, Wada Pars. [0028], [0030]); and
a power storage section configured to store electricity, — (See FIG. 3, battery VB, Wada Par. [0030], describing charging and operation using stored electricity);
the body section including a structure arranged at at least one of a front part or a rear part of the body section in a case where a travelling direction of the travelling section corresponds to a front-and-rear direction, the structure extending downward from a travelling section side, — (See FIG. 3, longitudinal end of cover portion 12C extending downward alongside battery VB, Wada Pars. [0029]–[0030]);
the structure accommodating the power storage section — (See FIG. 3, battery VB within the longitudinal end of cover portion 12C, Wada Par. [0030]).
However, Wada does not appear to disclose “the structure … including an impact absorption member arranged in a forward or rearward position on a side farther from a center position of the body section in the front-and-rear direction than the power storage section.”
Wada comes closest in that its cover extends longitudinally outward of the battery; however, Wada does not appear to establish the recited impact-absorbing function.
Reasonably pertinent to the problem of protecting components carried in the body of a self-propelled vehicle against collision damage, Hickey teaches:
The structure including an impact absorption member arranged in a forward or rearward position on a side farther from a center position of the body section in the front-and-rear direction than the power storage section – (See FIGS. 1A, 1C and 2A, bumper assembly 108 carried at forward portion 112 of body 104, with power source 103 supported within body 104, Hickey Par. [0042]).
Hickey states that "[a] forward portion 112 of the body 104 carries a bumper assembly 108" (Hickey, Par. [0048]). Hickey further states that "the bumper assembly 108 protects the elements of the robot 100 from impact forces caused by such physical contact" (Hickey, Par. [0048]). Hickey further states that "the bumper 108 should absorb the full impact of the collision to protect the robot 100 from impact forces" (Hickey, Par. [0063]).
Additionally, Hickey discloses a robot body 104 having a forward portion 112 and a rearward portion 114, a drive system 128 including driven wheel modules 128a, 128b with wheels 124a, 124b, and a power source 103 in the form of a battery supported by body 104 (Hickey, Par. [0042], FIGS. 1A and 1C), corresponding to the main body portion, travel portion and battery disclosed by Wada as set forth above. Hickey therefore carries its impact-absorbing construction on a self-propelled wheeled body that also carries an onboard battery, in the same structural relationship of body, travel portion and battery already present in Wada.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wada to include Hickey's impact-absorbing construction at the longitudinally outward face of the battery-containing end structure, in order to absorb collision energy before it reaches the battery. Hickey identifies protection of vehicle-carried components from collision impact forces as the purpose of that construction (Hickey, Pars. [0048], [0063]). A reasonable expectation of success follows from applying a passive, layered absorbing member at the existing outward face of the battery compartment, the expected protective action being mechanical compression of the absorbing layers. Such modification would have constituted applying a known technique to a known device to obtain predictable results. See KSR; MPEP §2143.
As so modified, Wada's downward-extending end structure accommodates battery VB and includes an impact absorption member arranged farther from the body's longitudinal center than the battery.
Regarding Claim 2, Wada/Hickey discloses:
The limitations of claim 1, which are met as set forth above.
Wada further discloses:
wherein the structure further includes a cover configured to cover a front face or rear face of the body section” – (See FIG. 3, outward face of cover portion 12C, Wada Par. [0029]).
However, Wada does not appear to disclose “the impact absorption member is arranged between the cover and the power storage section.”
Reasonably pertinent to the same problem, Hickey teaches an impact-absorbing construction interposed between the exterior of the vehicle body and the components carried within it:
the impact absorption member is arranged between the cover and the power storage section – (See FIG. 2A, force absorbing layer 188 disposed between the exterior of bumper assembly 108 and innermost layer 110 formed by chassis 104, within which power source 103 is supported, Hickey Pars. [0049], [0050]).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to install Hickey's absorbing construction inward of Wada's retained cover portion 12C, in order to protect the battery while retaining the covered article-conveyance body. Wada's existing cover would remain outward of the added absorbing layers, and the resulting order, proceeding inward from the vehicle end, would be the cover, the absorbing layers, and the battery. Such modification would have constituted combining known elements according to known methods to obtain predictable results. See KSR; MPEP §2143.
As so modified, the impact absorption member is arranged between the cover and the power storage section.
Regarding Claim 3, Wada/Hickey discloses:
The limitations of claim 2, which are met as set forth above.
The claimed cover remains Wada’s cover portion 12C, and the impact absorption member remains Hickey’s absorbing construction including force absorbing layer 188. The claimed frame corresponds to the chassis structure forming innermost wall 110, applied in Hickey’s surrounding bumper configuration.
Hickey further teaches:
wherein: the structure further includes a frame configured to surround the power storage section — (See FIGS. 1C, 2A, and 8A, chassis 104 forming innermost wall 110 of bumper assembly 108, with power source 103 supported within body 104, and the surrounding configuration 108a described in Par. [0066]; Hickey Pars. [0042], [0049], [0050], and [0066]).
Hickey identifies innermost layer 110 as an internal frame layer and discloses an implementation in which that layer is a solid wall formed by chassis 104 (Hickey, Pars. [0049]–[0050], FIG. 2A). Body 104 supports power source 103, which may be a battery (Hickey, Par. [0042], FIG. 1C). Hickey expressly connects bumper assembly 108 to surrounding configuration 108a of FIG. 8A, in which the bumper surrounds chassis 104a (Hickey, Par. [0066]). Applying the disclosed chassis-formed inner-wall construction in that surrounding configuration provides a peripheral frame about the body containing the battery. The frame surrounds the battery without requiring that it surround only the battery.
Hickey further teaches:
the impact absorption member is arranged between the cover and the frame. — (See FIG. 2A, force absorbing layer 188 positioned outward of innermost wall 110; Hickey Pars. [0049]–[0050]. In the proposed combination, cover portion 12C of Wada remains outward of the absorbing construction as set forth for claim 2, and the chassis-formed inner wall is positioned inward of that construction.)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Wada as modified by Hickey by providing a surrounding inner frame about battery VB within the battery-containing end structure, following Hickey’s chassis-formed inner-wall construction and surrounding bumper configuration. The inner frame would provide structural backing for the layered bumper construction, while extending the construction about the battery-containing structure would extend its impact-protective coverage beyond the longitudinally outward face. Hickey teaches both protection of vehicle-carried components against impact forces and application of its bumper assembly in a surrounding configuration (Hickey, Pars. [0048], [0050], [0063], and [0066]).
A reasonable expectation of success follows from retaining the disclosed relationship of the inner wall and outward absorbing layers while adapting their contour to the battery-containing structure. Hickey expressly teaches that bumper assembly 108 can conform to different chassis contours (Hickey, Par. [0066]). The inner frame would perform its structural backing function, and the absorbing layers would perform their impact-absorption function. Such modification would have constituted combining known elements according to known methods to obtain predictable results. See KSR; MPEP §2143.
In the proposed combination, the surrounding inner frame is located about battery VB, with its longitudinally outward portion inward of the absorbing construction. Wada’s cover portion 12C remains outward of that construction as set forth for claim 2. Thus, proceeding inward from the vehicle end, the arrangement is the cover, the impact absorption member, the outward portion of the surrounding frame, and the battery.
As so modified, the structure includes a frame configured to surround the power storage section, and the impact absorption member is arranged between the cover and the frame.
Regarding Claim 4, Wada/Hickey discloses:
The limitations of claim 1, which are met as set forth above.
Hickey further discloses:
wherein the impact absorption member includes a first member and a second member having a thickness different from that of the first member – (See FIG. 2A, force transmitting layer 180 and external layer 190 of bumper assembly 108, Hickey Pars. [0061], [0064]). Hickey states that the force transmitting layer 180 "may have a thickness that ranges between about 5/16'' and about 3/16''" (Hickey, Par. [0061]). Hickey states that "[t]he outer protective layer 190 may have a thickness of, for example, about 1 mm" (Hickey, Par. [0064]).
The first member is the force transmitting layer, and the second member is the structurally distinct outer protective layer, recited at a different stated thickness.
Regarding Claim 5, Wada/Hickey discloses:
The limitations of claim 1, which are met as set forth above.
Hickey further discloses:
wherein: the impact absorption member includes a first deformable part and a second deformable part; and – (See FIG. 2A, force absorbing layer 188 and force transmitting layer 180, Hickey Par. [0049]). Hickey states that "[t]he surface 182 and the transmitting elements 185 may be made of a stiffer material than the foam used in the shock absorbing layer 188 that deforms when the bumper assembly 108 is impacted" (Hickey, Par. [0065]). Hickey further states that "[t]he shock absorbing layer 188 provides the shape of the bumper 108 and compresses when the bumper is impacted. The compression is transmitted through the foam of the shock absorbing layer 188, and moves the transmitting elements 185" (Hickey, Par. [0065]); and
the first deformable part is arranged so that a position of the first deformable part includes a position farther from the center position of the body section in the front-and-rear direction than the second deformable part – (See FIG. 2A, force absorbing layer 188 disposed exterior of force transmitting layer 180 in the layer order of bumper assembly 108, Hickey Par. [0049]).
In the proposed installation, the force absorbing layer lies farther from the suspended body's longitudinal center than the force transmitting layer. The two deformable parts are identified by their separate physical structures, and the claimed positional relationship follows from placing the disclosed layered absorber at the outward battery face.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. US 20190229003 A1 describes an overhead transportation system for transporting FOUPs in the environment of semiconductor production. US 20160233468 A1 discloses a battery enclosure for the battery of an electric vehicle that is provided with cylindrical impact absorbing tubular members; the tubular members are arrayed about the battery enclosure between an inner wall and an outer wall in a spaced relationship, spaced from each other and include internal reinforcing walls that stiffen the battery enclosure and absorb impact loads. US 20200073402 A1 relates generally to automated guided vehicle systems and more particularly to automated guide vehicles configured for traversing predetermined magnetic paths on a ground surface.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fathi Abdelsalam whose telephone number is (571) 270-0380. The examiner can normally be reached Monday through Friday from 10 AM to 6 PM ET.
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, 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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/ERNESTO A SUAREZ/Supervisory Patent Examiner, Art Unit 3655
/FATHI K. ABDELSALAM/Examiner, Art Unit 3655
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