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 .
DETAILED ACTION
This action is responsive to applicant’s filing of 10/31/2023. Claims 1-20 are pending.
Claims 1-3, 5-6, 8-9 and 14-18 are rejected. Claims 4, 7, 10-13 and 19-20
are objected to.
Priority
Applicant’s claim of priority as a continuation of application 18388474 (now Patent 12/162,363) which claims priority as a Continuation in Part of 18238405, filed 08/25/2023 and as a Continuation in Part of 18238408, filed 08/25/2023 and as a Continuation in Part of 18238415, filed 08/25/2023 and claims priority to Provisional Application 63401030, filed 08/25/2022 and claims priority from Provisional Application 63420469, filed 10/28/2022 and claims priority from Provisional Application 63431273, filed 12/08/2022 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2, 3, 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
Claims 2 and 15, the claim(s) contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The detailed description describes the existence of cable carriers but it does not disclose the carrier “support the electrical cable over the range of longitudinal positions of the chassis relative to the battery assembly.” Claim 3’s rejection is inherited from its base claim 2
Applicant is required to cancel the unsupported claim matter.
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) 1, 5, 17, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yhr (US20220169252) in view of Dennison et al. (EP3858714) wherein Yhr teaches:
(re: cl 1) A system comprising: "a drive subsystem comprising: a chassis configured to transiently install on a trailer (⁋45;#30 fig 1a below trailer; #30 fig 1b);
a driven axle suspended from the chassis (⁋16-“ dolly vehicle with one or more driven axels and one or more steerable axles. “; ⁋49);
and a motor coupled to the driven axle (⁋16-“ dolly vehicle is typically powered by its electric machine “;⁋49-“ wheels of each vehicle are driven by means of the electric machine “-driven by electric machine);
and a controller configured to: in a tow mode, trigger the motor to output torque to the driven axle (⁋73-“ vehicle control units 90a and 90b, each comprises a corresponding direction controller 93a and 93b for determining and controlling the direction of the energy transfer between the truck 20 and the dolly vehicle 30 based on the above comparison.”);
and in a regenerative braking mode, trigger the motor to regeneratively brake the driven axle (⁋50-electric machines 22, 32 and 42 are typically operable in a generator mode for generating electrical energy during a regenerative braking; Abstract, ⁋29; ⁋60-#90 fig 2).
Dennison et al. teaches any elements Yhr lacks including:
chassis configured to transiently install over a range of longitudinal positions (⁋29-The bogie engageable slides with beams #28 & #29 to slide via rollers #30 then interlock with the main trailer part’s beams #43, #44 ⁋28 via locks #50; ⁋27 -The trailer section slide apart creating a longitudinal pitch distance between them and the sections may be telescopically adjusted as desired- ⁋30; ⁋25-locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22);
a set of retention features configured to transiently engage a first subset of engagement features, in a first array of engagement features on a left rail of the trailer and in a second array of engagement features on a right rail of the trailer, to couple the drive subsystem to the trailer in a particular longitudinal position in the range of longitudinal positions (⁋28 via locks #50; ⁋27- The trailer section slide apart creating a longitudinal pitch distance between them and the sections may be telescopically adjusted as desired- ⁋30; ⁋25-locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22).
It 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, to modify Yhr with the teachings of Dennison et al. to have the chassis configured to transiently install over a range of longitudinal positions to facilitate splitting apart for servicing (⁋27) and to have the bogie component attachable to different carrying trailers as needed on demand as taught by Dennison et al. and to adjust wheelbase for maneuverability vs. stability and weight distribution balance as one of ordinary skill would recognize.
It 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, to modify Yhr with the teachings of Dennison et al. to have the chassis configured to have a set of retention features configured to transiently engage a first subset of engagement features, in a first array of engagement features on a left rail of the trailer and in a second array of engagement features on a right rail of the trailer, to couple the drive subsystem to the trailer in a particular longitudinal position in the range of longitudinal positions transiently install over a range of longitudinal positions to facilitate splitting apart for servicing (⁋27) and to have the bogie component attachable to different carrying trailers as needed on demand as taught by Dennison et al..
Dennison et al . teaches any elements Yhr lacks including:
(re: cl 5) wherein the set of retention features comprises: a first subset of retention features: configured to insert into and engage the first subset of engagement features, in the first array of engagement features on the left rail of the trailer, in a first position (⁋29-The bogie engageable slides with beams #28 & #29 to slide via rollers #30 then interlock with the main trailer part’s beams #43, #44 ⁋28 via locks #50. ⁋27 -The trailer section slide apart creating a longitudinal pitch distance between them and the sections may be telescopically adjusted as desired- ⁋30; ⁋25-locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22);
and configured to retract from and disengage the first subset of engagement features, in the first array of engagement features on the left rail of the trailer, in a second position (⁋25-locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22-bolts insert & retract);
and a second subset of retention features: configured to insert into and engage the second subset of engagement features, in the second array of engagement features on the right rail of the trailer, in the first position (⁋25-locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22-bolts insert & retract);
And configured to retract from and disengage the second subset of engagement features, in the second array of engagement features on the right rail of the trailer, in the second position (⁋25-locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22).
It 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, to modify Yhr with the teachings of Dennison et al. to have the chassis configured to have a set of retention features configured to transiently engage a first subset of engagement features, in a first array of engagement features on a left rail of the trailer and in a second array of engagement features on a right rail of the trailer, to couple the drive subsystem to the trailer in a particular longitudinal position in the range of longitudinal positions transiently install over a range of longitudinal positions to facilitate splitting apart for servicing (⁋27) and to have the bogie component attachable to different carrying trailers as needed on demand as taught by Dennison et al..
Dennison et al. teaches what Yhr lacks including:
(re: cl 17) wherein the trailer chassis comprises: a left rail: extending parallel to and laterally offset from a longitudinal centerline of the trailer;
and defining a first array of engagement features axially distributed along the left rail (⁋29-The bogie engageable slides with beams #28 & #29 to slide via rollers #30 then interlock with the main trailer part’s beams #43, #44 ⁋28 via locks #50; ⁋27 -The trailer section slide apart creating a longitudinal pitch distance between them and the sections may be telescopically adjusted as desired- ⁋30; ⁋25- locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22);
and a right rail: extending parallel to and laterally offset from the longitudinal centerline of the trailer opposite the left rail (#43 fig. 1);
and defining a second array of engagement features axially distributed along the right rail (⁋29-The bogie engageable slides with beams #28 & #29 to slide via rollers #30 then interlock with the main trailer part’s beams #43, #44; ⁋28 via locks #50. The trailer section slide apart ⁋27 creating a longitudinal pitch distance between them and the sections may be telescopically adjusted as desired- ⁋30; ⁋25- locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22).
It 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, to modify Yhr with the teachings of Dennison et al. to have left and right side rails for attaching the bogie to the trailer and to have left and right side rails with latches configured to transiently engage a first and second subset of engagement features so as to have left and right rails on the trailer to have the bogie component attachable to different carrying trailers as needed on demand as taught by Dennison et al..
Dennison et al. teaches what Yhr lacks including:
(re: cl 18) wherein the first set of retention features comprises: a first subset of retention features: configured to insert into and engage a first subset of engagement features, in the first array of engagement features, on the left rail of the trailer, in a first position (⁋28 via locks #50. The trailer section slide apart ⁋27 creating a longitudinal pitch distance between them and the sections may be telescopically adjusted as desired- ⁋30; ⁋25-locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22);
and configured to retract from and disengage the first subset of engagement features, in the first array of engagement features on the left rail of the trailer, in a second position (⁋28 via locks #50. ⁋27 -The trailer section slide apart creating a longitudinal pitch distance between them and the sections may be telescopically adjusted as desired- ⁋30; ⁋25-locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22);
and a second subset of retention features: configured to insert into and engage a second subset of engagement features, in the second array of engagement features on the right rail of the trailer, in the first position(⁋28 via locks #50l , ⁋27- The trailer section slide apart creating a longitudinal pitch distance between them and the sections may be telescopically adjusted as desired- ⁋30; ⁋25-locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22);
and configured to retract from and disengage the second subset of engagement features, in the second array of engagement features on the right rail of the trailer, in the second position (⁋28 via locks #50; ⁋27-The trailer section slide apart creating a longitudinal pitch distance between them and the sections may be telescopically adjusted as desired- ⁋30; ⁋25-locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22).
It 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, to modify Yhr with the teachings of Dennison et al. to have the chassis configured to have a set of retention features configured to transiently engage and retract from a first subset of engagement features, in a first array of engagement features on a left rail of the trailer and in a second array of engagement features on a right rail of the trailer, to couple the drive subsystem to the trailer in a particular longitudinal position in the range of longitudinal positions transiently install over a range of longitudinal positions to facilitate splitting apart for servicing (⁋27) and to have the bogie component attachable to different carrying trailers as needed on demand as taught by Dennison et al..
Claim(s) 6, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yhr (US20220169252) in view of Wahlmueller et al. (DE102017110520), with citations per the machine translation, wherein Yhr in view of Dennison et al. teaches the elements previously discussed and Yhr further teaches:
Wahlmueller et al. teaches what Yhr lacks of:
Re: cl 6) wherein the drive subsystem is arranged below the trailer proximal a rear end of the trailer (#124 fig. 2);
further comprising a vehicle coupler: coupled to a front end of the trailer (⁋6);
configured to transiently couple to a hitch of a tow vehicle (⁋6);
and comprising a set of sensors configured to output signals representing forces applied to the vehicle coupler (⁋6-sensors at the kingpin);
and wherein the controller is further configured to: detect a first force applied to the vehicle coupler by the hitch via the set of sensors (⁋27-control unit receiving sensor signals from kingpin);
detect a first direction of motion of the trailer (⁋23-“ pressure forces are exerted on the sensors 150, 151, 152 and 153 depending on the direction of the external force”);
detect a first incline angle of the trailer (⁋25-angle sensors which are designed to measure the orientation of the gyro axis);
detect a first speed of the trailer (⁋36-maintains constant speed in downhill);
calculate a first target preload force opposite the first direction of motion and proportional to the first incline angle (⁋36-inclination sensors measures inclination angle in degrees);
and trigger the motor to reduce torque output in the first direction of motion to decrease a first difference between the first force and the target preload force: in response to the first speed of the trailer exceeding a threshold speed (⁋36-triggers regenerative braking when towing force falls below a threshold of zero to slow trailer);
and in response to the first force falling below the target preload force (⁋24-"prestressing forces of the screw “; ⁋36-triggers regenerative braking when towing force falls below a threshold of zero to slow trailer).
It 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, to modify Yhr with the teachings of Wahlmueller et al. monitor a kingpin with force and inclination sensors and speed to make a determination a on corrections to maintain speed consistent and turning with the tow vehicle as taught by Wahlmueller et al.. It 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, to modify Yhr with the teachings of Wahlmueller et al. trigger trail vehicle corrections premised upon a preload threshold as taught by Wahlmueller et al. to avert undue over damped corrections as one of ordinary skill in the art would recognize.
Wahlmueller et al. teaches what Yhr lacks of:
(re: cl 8) wherein the vehicle coupler:
defines a first sensor receptacle extending parallel to a lateral axis of the trailer (⁋38);
and defines a second sensor receptacle extending parallel to a longitudinal axis of the trailer (⁋29);
and wherein the set of sensors comprises: a first force sensor:-arranged in the first sensor receptacle, and configured to output signals representing shear forces in the vehicle coupler parallel to the lateral axis (⁋38);
and a second force sensor: arranged in the second sensor receptacle,
and- configured to output signals representing shear forces in the vehicle coupler parallel to the longitudinal axis (⁋29).
It 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, to modify Yhr with the teachings of Wahlmueller et al. have force sensors measuring longitudinal forces at the kingpin and lateral forces at the kingpin to adjust trailer propulsion and regenerative braking and yaw in turns trigger trail vehicle corrections premised upon a preload threshold as taught by Wahlmueller et al..
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yhr (US20220169252) in view of Dennison et al. (EP3858714) in further view of Haas et al. (US20230075054) wherein Yhr in view of Dennison et al. teaches the elements previously discussed and Yhr further teaches:
(re: cl 9) and wherein the controller is further configured to: in the tow mode, trigger the battery assembly to supply electrical energy to the motor to output torque to the driven axle (⁋73-“ vehicle control units 90a and 90b, each comprises a corresponding direction controller 93a and 93b for determining and controlling the direction of the energy transfer between the truck 20 and the dolly vehicle 30 based on the above comparison.”);
in the regenerative braking mode, trigger the motor to supply electrical energy to the battery assembly to regeneratively brake the driven axle and charge the battery assembly (⁋50-electric machines 22, 32 and 42 are typically operable in a generator mode for generating electrical energy during a regenerative braking; ⁋29; ⁋60-#90 fig 2).
Haas et al. teaches any elements Yhr lacks including:
(re: cl 9) further comprising a battery assembly comprising: a second set of retention features configured to transiently engage a second subset of engagement features, in the first array of engagement features on the left and in the second array of engagement features on the right rail, to couple the battery assembly to the trailer (#16 left vs #16 right fig. 2; );
and wherein the drive subsystem comprises a secondary battery assembly integrated into the chassis (#16 below floor fig. 1, #16 left v. #16 right fig. 2 proximate lateral ends, viewing the near end as the left the right side become the distal end ; ¶75-“ Preferably, the fuel cell device 12 can be arranged below the cab 26. The fuel cell device 12 can be protected between two longitudinal members of the ladder frame 24.”; ⁋24-“In one embodiment, the utility vehicle further comprises a ladder frame, wherein the fuel cell device is arranged within the ladder frame, preferably directly below a cab of the utility vehicle. Preferably, this results in a protected arrangement).
It 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, to modify Yhr with the teachings of Hass et al. securely latch the battery assembles to the side rails to provide a protected arrangement of the fuel cell device between the two longitudinal members of the ladder frame as taught by Haas et al. as well as low center of gravity for battery handling and on opposing ends to balance weight for optimal vehicle handling and acceleration-deceleration as one of ordinary skill in the art would recognize.
Yhr teaches:
(re: cl 14) A system comprising: a drive subsystem comprising: a chassis configured to transiently install on a trailer (⁋45; #30 fig1a below trailer; #30 fig 1b);
a driven axle suspended from the drive chassis (⁋16-“ dolly vehicle with one or more driven axels and one or more steerable axles. “; ⁋49);
and motor coupled to the driven axle configured to output torque to the driven axle (⁋16-“dolly vehicle is typically powered by its electric machine “; ⁋49-“ wheels of each vehicle are driven by means of the electric machine “-driven by electric machine);
and- configured to regeneratively brake the driven axle (⁋73-“ vehicle control units 90a and 90b, each comprises a corresponding direction controller 93a and 93b for determining and controlling the direction of the energy transfer between the truck 20 and the dolly vehicle 30 based on the above comparison.”);
configured to supply electrical energy to the motor to drive the driven axle (⁋73-“ vehicle control units 90a and 90b, each comprises a corresponding direction controller 93a and 93b for determining and controlling the direction of the energy transfer between the truck 20 and the dolly vehicle 30 based on the above comparison.”);
and configured to receive electrical energy from the motor to recharge the battery assembly (⁋50-electric machines 22, 32 and 42 are typically operable in a generator mode for generating electrical energy during a regenerative braking ;⁋29; ⁋60-#90 fig 2).
Dennison et al. teaches any elements Yhr lacks including:
a first set of retention features configured to transiently engage a set of engagement features on the trailer chassis to couple the drive subsystem to the trailer chassis (⁋29-The bogie engageable slides with beams #28 & #29 to slide via rollers #30 then interlock with the main trailer part’s beams #43, #44 ⁋28 via locks #50. ⁋27 -The trailer section slide apart creating a longitudinal pitch distance between them and the sections may be telescopically adjusted as desired; ⁋30; ⁋25-locking the sliding bogie to the front and rear portions of the trailer including the slidable bogie portion with locking bolts #21,22).
It 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, to modify Yhr with the teachings of Dennison et al. to have the chassis configured to transiently install over a range of longitudinal positions to facilitate splitting apart for servicing (⁋27) and to have the bogie component attachable to different carrying trailers as needed on demand as taught by Dennison et al. and to adjust wheelbase for maneuverability vs. stability and weight distribution balance as one of ordinary skill would recognize.
Haas et al. teaches any elements Yhr lacks including:
and a battery assembly: comprising a second set of retention features configured to transiently engage the set of engagement features on the trailer chassis to couple the battery assembly to the trailer chassis (#16 below floor fig. 1, #16 left v. #16 right fig. 2 proximate lateral ends, viewing the near end as the left the right side become the distal end ; ¶75-“ Preferably, the fuel cell device 12 can be arranged below the cab 26. The fuel cell device 12 can be protected between two longitudinal members of the ladder frame 24.”; ⁋24-“In one embodiment, the utility vehicle further comprises a ladder frame, wherein the fuel cell device is arranged within the ladder frame, preferably directly below a cab of the utility vehicle. Preferably, this results in a protected arrangement).
It 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, to modify Yhr with the teachings of Hass et al. securely latch the battery assembles to the side rails to provide a protected arrangement of the fuel cell device between the two longitudinal members of the ladder frame as taught by Haas et al. as well as low center of gravity for battery handling and on opposing ends to balance weight for optimal vehicle handling and acceleration-deceleration as one of ordinary skill in the art would recognize.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yhr (US20220169252) in view of Allard (CA3035952) wherein Yhr in view of Dennison et al. teaches the elements previously discussed and Yhr further teaches:
Allard teaches what Yhr lacks of:
(re: cl 16) further comprising a charge port: configured to install on the trailer (CL 16);
and configured to receive electrical energy supplied by an external electrical system (CL 16);
and wherein the battery assembly is further configured to receive electrical energy from the charge port to charge the battery assembly (CL 16).
It 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, to modify Yhr with the teachings of to use a charging port to rejuvenate the charge on batteries through a port as taught by Allard because a port represents a way of accessing internal batteries not readily accessible as one of ordinary skill would recognize.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, and it's dependent claims 2-18, and claims 19-20 of U.S. Patent No. 12,162,363 to Javidan et al.. Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6 and 19 of U.S. Patent No. 12,162,363 to Javidan et al.. Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3 and 20 of U.S. Patent No. 12,162,363 to Javidan et al.. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are obviated as broadened variant of cited claims from the parent patent with the claim elements of the instant application located at the cited locations with the claims of the parent patent:
(re: cl 1 A system comprising: a drive subsystem comprising: a chassis configured to transiently install on a trailer over a range of longitudinal positions;
CL1
CL 19
CL 20
a set of retention features configured to transiently engage a first subset of engagement features, in a first array of engagement features on a left rail of the trailer and in a second array of engagement features on a right rail of the trailer, to couple the drive subsystem to the trailer in a particular longitudinal position in the range of longitudinal positions;
CL1
CL 19
CL 20
a driven axle suspended from the chassis;
CL1
CL 19
CL 20
and a motor coupled to the driven axle;
CL1
CL 19
CL 20
and " a controller configured to: in a tow mode, trigger the motor to output torque to the driven axle
CL1
CL 19
CL 20
and in a regenerative braking mode, trigger the motor to regeneratively brake the driven axle.
CL1
CL 19
CL 20
(re: cl 9) further comprising a battery assembly comprising: a second set of retention features configured to transiently engage a second subset of engagement features, in the first array of engagement features on the left rail and in the second array of engagement features on the right rail, to couple the battery assembly to the trailer;
CL 1
CL 19
and wherein the drive subsystem comprises a secondary battery assembly integrated into the chassis;
CL6
CL 19
and wherein the controller is further configured to: in the tow mode, trigger the battery assembly to supply electrical energy to the motor to output torque to the driven axle;
CL 1
CL 19
in the regenerative braking mode, trigger the motor to supply electrical energy to the battery assembly to regeneratively brake the driven axle and charge the battery assembly;
CL 1
CL 19
And in a service mode, trigger the secondary battery assembly to supply electrical energy to the motor to output torque to the driven axle to assist motion of the drive subsystem relative to the trailer.
CL6
CL 19
(re: 14) A system comprising: a drive subsystem comprising: a drive chassis configured to install on a trailer chassis of a trailer over a range of longitudinal positions;
CL 1
CL 20
a first set of retention features configured to transiently engage a set of engagement features on the trailer chassis to couple the drive subsystem to the trailer chassis;
CL 1
CL 20
a driven axle suspended from the drive chassis;
CL 1
CL 20
and a motor: coupled to the driven axle;
CL 1
CL 20
configured to output torque to the driven axle;
CL 1
CL 20
and configured to regeneratively brake the driven axle;
CL 1
CL 20
and a battery assembly: comprising a second set of retention features configured to transiently engage the set of engagement features on the trailer chassis to couple the battery assembly to the trailer chassis;
CL 3
CL 20
configured to supply electrical energy to the motor to drive the driven axle;
CL 1
CL 20
and configured to receive electrical energy from the motor to recharge the battery assembly.
CL 1
CL 20
Allowable Subject Matter
Claims 4, 7, 10-13 and 19-20 are objected to as being dependent claims premised upon a rejected base claim but would be allowed if the re-written in independent form or if the limitations of an allowable claim were incorporated within the independent base claim from which these claims depend or if re-written premised upon dependence from an otherwise allowable base claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."
The prior art does not teach nor suggests in combination with base claim elements discussed in the rejection in combination with the further elements of claim 4 of both the trailer attaching chassis is of galvanized steel and the battery assembly: comprising a second set of retention features configured to transiently engage the set of engagement features on the trailer chassis, to couple the battery assembly to the trailer chassis Haas et al. teaches: and the battery assembly: comprising a second set of retention features configured to transiently engage the set of engagement features on the trailer chassis, to couple the battery assembly to the trailer chassis (#16 below floor fig. 1, #16 left v. #16 right fig. 2 proximate lateral ends, viewing the near end as the left the right side become the distal end ; ¶75-“ Preferably, the fuel cell device 12 can be arranged below the cab 26. The fuel cell device 12 can be protected between two longitudinal members of the ladder frame 24.”; ⁋24-“In one embodiment, the utility vehicle further comprises a ladder frame, wherein the fuel cell device is arranged within the ladder frame, preferably directly below a cab of the utility vehicle. Preferably, this results in a protected arrangement). Bu (CN202122321797) teaches a trailer attaching device made of galvanized steel (machine translation (L40-42). It would not have been obvious to one of ordinary skill in the art to combine all four of Yhr, Dennison et al., Haas et al., and Bu to come up with the limitations of claim 4.
The prior art does not teach nor suggests in combination with base claim elements discussed in the rejection in combination with the further elements of claim 7 of triggering the trailer movement premised upon the preload being exceeded for threshold duration of time.
The prior art does not teach nor suggests in combination with base claim elements discussed in the rejection in combination with the further elements of claim 10 of detecting disengagement of the trailer.
The prior art does not teach nor suggests in combination with base claim elements discussed in the rejection in combination with the further elements of claims 11, 13, and 20 of sensing brake pressure.
The prior art does not teach nor suggests in combination with base claim elements discussed in the rejection in combination with the further elements of claim 11 of sensing suspension pressure.
Conclusion
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/M.E.B/Examiner, Art Unit 3655
/JACOB S. SCOTT/Supervisory Patent Examiner, Art Unit 3655