DETAILED ACTION
This action is a first action on the merits. The claims filed on February 7, 2025 have been entered. Claims 1-20 are pending and addressed below.
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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application claims foreign priority to United Kingdom Patent Application NO. GB2401830.1 field on February 9, 2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) filed February 7, 2025 and November 7, 2025 have been considered by the Examiner.
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.
Claim 16-18 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 16: The recitation of “the body” in line 4 is unclear as to if this is referring to the “upper surface of the body” as recited in line 2 or any surface of the body. For the purposes of examination, the Examiner has assumed it is referring to “the upper surface of the body”. Appropriate correction and/or clarification is required.
Claims 17-18 are subsumed by the previously noted rejections because of their dependance either directly or indirectly. Appropriate corrections are required.
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) 1-4, 6, 15, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wacker, German Patent No. DE 20 2016 101 145 U1 (hereinafter Wacker) (all citations are to the English translation dated 2026).
Claim 1: Wacker discloses a dumper vehicle (Fig 1-2) comprising:
a chassis (chassis 3);
a ground engaging propulsion structure mounted to the chassis (front and rear wheels mounted to the rear axle 110, front axle 140, Fig 1-2),
said ground engaging propulsion structure (wheels) comprises a front axle with a pair of front wheels mounted thereto and a rear axle with a pair of rear wheels mounted thereto (front and rear wheels mounted to the rear axle 110, front axle 140, Fig 1-2);
an operator seat supported by the chassis (3) (as shown in Fig 1-2);
a body (front body trough unit, rear body vehicle body, pg 1) supported by the chassis (3);
a drive arrangement comprising an electric motor (first electric motor 120 and second electric motor 125) housed within the body (as shown in Fig 1-2),
said electric motor (120, 125) configured to provide, at least in part, tractive power to the ground engaging propulsion structure (electric motor 120 is connected to a gearbox 135 for connection to the rear axle 110 and front axle 140 drive, pg 7) , abstract;
an electric energy storage assembly (energy storage unit 105) configured to provide electric power to the electric motor (provides direct current to first electric motor 120 and second electric motor 125, pg 7), wherein the electric energy storage assembly (105) is located at least partially rearward of the rear axle (as shown in Fig 1); and
an open topped container for carrying a load (trough unit 2) therein supported by the chassis (3) (pg 6, see Fig 1-2), wherein the container (2) is movable between a transport position for transporting a load (shown in Fig 1) and a discharge position for discharging of a load) (trough 2 pivotable upwardly relative to the chassis to pour out goods located in the trough, pg 5).
Claim 2: Wacker discloses comprising a power arrangement configured to provide electric power to the electric motor (energy storage unit 105 is electric and connected to a first electric motor 120 and a second electric motor 125, pg 5-6).
connected, wherein the power arrangement comprises the electric energy storage assembly (105), and wherein the power arrangement (105) is located behind the rear axle (energy storage unit 105 is above and for the most part behind a rear axle 110 see Fig 1, pg 6).
Claim 3: Wacker discloses wherein the power arrangement (105) comprises a first subassembly comprising the electric energy storage assembly (energy storage unit 105 is first subassembly of power arrangement) and a power distribution unit (first and second power distribution modules, 150, 155) mounted to the electric energy storage assembly (energy storage unit 105 is electric and connected with a first electric motor 120 and a second electric motor 125, these may be three-phase asynchronous motors, par 6, to convert power from the energy storage unit 105 provided in direct current for the first electric motor 120 and the second electric motor 125 which require alternating current (e.g., a three-phase AC) a first power module 150 and a second power module 155 in electrical connection between the energy storage unit 105 and the electric motors 120, 125 be introduced, pg 6)
Claim 4: Wacker discloses wherein the power arrangement comprises a second subassembly comprising an electric motor controller (control unit 170 receives signals from the controls 165, processes these and gives commands generated due to the received signals to the electric motors 120, 125 further, to supply the control unit 170 with electricity can be a central unit 175 be provided, pg 7).
Claim 6: Wacker discloses wherein the power arrangement comprises a third subassembly (power cable) comprising an electrical connector for connecting the battery packs (power source is a lead-acid battery) to an external source of electrical power (connecting the lead-acid battery with a suitable power source by means of a power cable, pg 6-7).
Claim 15: Wacker discloses wherein an upper surface of the body (front and rear body, shown in Fig 1) comprises a floorplate (surface located directly below and in front of seat shown in Fig 1), and wherein the electric motor (150, 155) is located below the floorplate (as shown in Fig 1).
Claim 20: Wacker discloses a dumper vehicle (Fig 1-2) comprising:
a chassis (chassis 3);
a ground engaging propulsion structure mounted to the chassis (front and rear wheels mounted to the rear axle 110, front axle 140, Fig 1-2), said ground engaging propulsion structure (wheels) comprises a front axle with a pair of front wheels mounted thereto and a rear axle with a pair of rear wheels mounted thereto (front and rear wheels mounted to the rear axle 110, front axle 140, Fig 1-2);
an operator seat supported by the chassis (3) (as shown in Fig 1-2);
a body (front body trough unit, rear body vehicle body, pg 1) supported by the chassis (3), wherein an upper surface of the body comprises a floorplate (surface of body directly in front of and below the seat as shown in Fig 1);
a drive arrangement comprising an electric motor (first electric motor 120 and second electric motor 125) housed within the body (as shown in Fig 1-2) and located below the floorplate (as shown in Fig 1), said electric motor (120, 125) configured to provide, at least in part, tractive power to the ground engaging propulsion structure (electric motor 120 is connected to a gearbox 135 for connection to the rear axle 110 and front axle 140 drive, pg 7);
an electric energy storage assembly (energy storage unit 105) configured to provide electric power to the electric motor (provides direct current to first electric motor 120 and second electric motor 125, pg 7); and
an open topped container for carrying a load (trough unit 2) therein supported by the chassis (3) (pg 6, see Fig 1-2), said the container (2) is moveable between a transport position for transporting a load (shown in Fig 1) and a discharge position for discharging of a load) (trough 2 pivotable upwardly relative to the chassis to pour out goods located in the trough, pg 5).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wacker.
Claim 7: Wacker discloses the body (rear body vehicle body, pg 1) defines a rear wall located at a rear end of the dumper vehicle (as shown in Fig 1).
Wacker is silent as to the electrical connector is arranged on the rear wall.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the location of the electrical connector to be arranged on the rear wall, since it has been held that rearranging parts of a prior art structure involves only routing skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and one of ordinary skill in the art would have recognized that because of the location of the electric energy storage assembly in the rear of the dumper vehicle, locating the electrical connector for charging the battery packs would have been an obvious location.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wacker in view of Stack et al., US 2019/0248232 (hereinafter Stack).
Claim 8: Wacker is silent as to the body comprises a compartment accessed via an access panel located on the rear wall, wherein the access panel is moveable between an open position and a closed position, and wherein the electrical connector is housed within the compartment.
Stack discloses a body (12) with a compartment accessed via an access panel (closure panel 22), wherein the access panel (22) is moveable between an open position and a closed position, and wherein the electrical connector (charging port) is housed within the compartment (see Fig 2-3, par [0026]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the rear wall of the body of Wacker with an access panel housing the electrical connector as disclosed by Stack, as one of ordinary skill in the art would have recognized that applying the known technique of an access panel housing a charge port in the electric dumper of Wacker would have yielded the predictable results of providing an access point for recharging the dumper vehicle.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wacker in view of Stack as applied to claim 8, and further in view of Madden, US 2023/0398891 (hereinafter Madden).
Claim 9: Wacker discloses a forward/neutral/reverse (FNR) drive selector (controls 165).
Wacker in view of Stack fails to disclose a forward/neutral/reverse (FNR) drive selector, wherein a controller is configured to prevent selection of the forward and/or reverse states when the access panel is in the open position.
Madden discloses a charge interlock system for an electronic device (par [0029]). A controller (relay 52) is configured to prevent selection of the forward and/or reverse states when the electric feature (10) is docked (upon the electric feature 10 being docked at the charge station 12, such that the electric feature 10 is connected to the charge station 12 via the charging cable 18, the relay 52 may open (e.g., open state of switch)to disable the drive system (54) dorm the power source and prevent movement of the drive system (54) (par [0029]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the forward/neutral/reverse (FNR) drive selector Wacker and Stack with a controller to prevent selection of the forward and/or reverse states when the access panel is in the open position (i.e. charging), as one of ordinary skill in the art would have recognized that applying the known technique of a controller to prevent selection of the forward and/or reverse states when the access panel is in the open position would have yielded the predictable results of preventing movement of the dumper vehicle when connected to a power source thereby improving safety for the vehicle operator.
Claim(s) 5, 10-13, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wacker in view of Lima et al., Chinese Patent No. 114701341 A (hereinafter Lima) (all citations are to the English translation dated 2026).
Claim 5: Wacker discloses wherein the second subassembly further comprises a cooling device mounted to the electric motor controller, and wherein the cooling device is configured to cool the electric motor controller and/or the electric energy storage assembly.
Lima discloses a cooling device (cooling device 200) mounted (via 210) to the electric motor controller (control unit 110), and wherein the cooling device (200) is configured to cool the electric motor (electric motor 220) controller and/or the electric energy storage assembly (the cooling device 200 for cooling one or more parts of the vehicle, such as one or more motors, the main power storage or ESS or other components, pg 5, cooling device may also include the interface 240 shown schematically in Fig 2 the interface 240 is arranged to receive the control input from the control unit 110 and according to the control input to change the operation parameter of the cooling device, pg 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the second subassembly of Wacker to further include a cooling device as disclosed Lima mounted to the electric motor controller as one of ordinary skill in the art would have recognized that applying the known technique of a cooling device would have yielded the predictable results of cooling the motors and/or main power storage (Lima, see Fig 2, pg 5).
Claim 10: Wacker fails to disclose wherein the drive arrangement comprises a cooling fan configured to cool the electric motor, and wherein the dumper vehicle comprises a controller configured to control the cooling fan, based on one or more parameters associated with the dumper vehicle.
Lima discloses a cooling device (cooling device 200) mounted (via 210) to the electric motor controller (control unit 110), and wherein the cooling device (200) is configured to cool the electric motor (electric motor 220) and wherein the dumper vehicle comprises a controller configured to control the cooling fan, based on one or more parameters associated with the dumper vehicle (the cooling device 200 for cooling one or more parts of the vehicle, such as one or more motors, the main power storage or ESS or other components, pg 5, cooling device may also include the interface 240 shown schematically in Fig 2 the interface 240 is arranged to receive the control input from the control unit 110 and according to the control input to change the operation parameter of the cooling device, pg 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the drive assembly of Wacker to further include a cooling fan with controller to cool the electric motor as disclosed Lima one of ordinary skill in the art would have recognized that applying the known technique of a cooling device controlled by a controller would have yielded the predictable results of cooling the motors and/or main power storage (Lima, see Fig 2, pg 5).
Claim 11: Wacker, as modified by Lima, discloses a temperature sensor (Lima, temperature sensor) configured to determine an electric motor temperature at or near the electric motor (Lima, measured temperature), and wherein the controller is configured to activate and deactivate the cooling fan based on the determined electric motor temperature (Lima, input from the temperature sensor and obtain to the measured temperature to adjust the fan speed, pg 8).
Claim 12: Wacker, as modified by Liam, discloses wherein the controller is configured to activate the cooling fan at a low speed when the electric motor temperature reaches a first predetermined temperature threshold (Lima, substantially flat ground, fan speed is kept low, pg 8) and/or wherein the controller is configured to activate the cooling fan (cooling device) at a high speed when the electric motor temperature reaches a second predetermined temperature threshold (Lima, vehicle drives the slope. According to the above method, it is expected that the resulting increase of the cooling requirement, so as to cause the higher PMCC fan speed requirement before the vehicle 100 enters the section B, pg 8), wherein the second predetermined temperature is greater than the first predetermined threshold (Lima, temperature on section B which is sloped, is higher than temperature on substantially flat ground, pg 8).
Claim 13: Wacker, as modified by Liam, discloses wherein the controller is configured to deactivate the cooling fan when the electric motor temperature is at or below a third predetermined temperature threshold (Lima, section D the vehicle is again driven on the substantially flat ground, and the PMCC fan speed requirement is quickly reduced, pg 8), wherein the third predetermined temperature threshold is below the first predetermined temperature threshold (Lima, on substantially flat ground the required fan speed in low as the temperature is low, par 8).
Claim 19: Wacker discloses a dumper vehicle (Fig 1-2) comprising:
a chassis (chassis 3);
a ground engaging propulsion structure mounted to the chassis (front and rear wheels mounted to the rear axle 110, front axle 140, Fig 1-2), said ground engaging propulsion structure (wheels) comprises a front axle with a pair of front wheels mounted thereto and a rear axle with a pair of rear wheels mounted thereto (front and rear wheels mounted to the rear axle 110, front axle 140, Fig 1-2);
an operator seat supported by the chassis (3) (as shown in Fig 1-2);
a body (front body trough unit, rear body vehicle body, pg 1) supported by the chassis (3);
a drive arrangement comprising an electric motor (first electric motor 120 and second electric motor 125) housed within the body (as shown in Fig 1-2), said electric motor (120, 125) configured to provide, at least in part, tractive power to the ground engaging propulsion structure (electric motor 120 is connected to a gearbox 135 for connection to the rear axle 110 and front axle 140 drive, pg 7) , abstract;
an electric energy storage assembly (energy storage unit 105) configured to provide electric power to the electric motor (provides direct current to first electric motor 120 and second electric motor 125, pg 7); and
an open topped container for carrying a load (trough unit 2) therein supported by the chassis (3) (pg 6, see Fig 1-2), said the container (2) is moveable between a transport position for transporting a load (shown in Fig 1) and a discharge position for discharging of a load) (trough 2 pivotable upwardly relative to the chassis to pour out goods located in the trough, pg 5).
Wacker fails to disclose wherein the drive arrangement comprises a cooling fan configured to cool the electric motor, and wherein the dumper vehicle comprises a controller configured to control the cooling fan, based on one or more parameters associated with the dumper vehicle.
Lima discloses a cooling device (cooling device 200) mounted (via 210) to the electric motor controller (control unit 110), and wherein the cooling device (200) is configured to cool the electric motor (electric motor 220) and wherein the dumper vehicle comprises a controller configured to control the cooling fan, based on one or more parameters associated with the dumper vehicle (the cooling device 200 for cooling one or more parts of the vehicle, such as one or more motors, the main power storage or ESS or other components, pg 5, cooling device may also include the interface 240 shown schematically in Fig 2 the interface 240 is arranged to receive the control input from the control unit 110 and according to the control input to change the operation parameter of the cooling device, pg 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the drive assembly of Wacker to further include a cooling fan with controller to cool the electric motor as disclosed Lima one of ordinary skill in the art would have recognized that applying the known technique of a cooling device controlled by a controller would have yielded the predictable results of cooling the motors and/or main power storage (Lima, see Fig 2, pg 5).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wacker in view of Claywell et al., US 10, 800,327 (hereinafter Claywell).
Claim 16: Wacker discloses an upper surface of the body defines a floorplate arranged in front of the operator seat (top surface of body located directly in front of and below the seat as shown in Fig 1).
Wacker is silent as to a lighting arrangement, wherein an upper surface of the body defines a floorplate arranged in front of the operator seat, and wherein the lighting arrangement comprises at least one light emitting member configured and arranged to illuminate at least a portion of the body.
Claywell discloses a lighting arrangement (ambient lighting system 55) and wherein the lighting arrangement (55) comprises at least one light emitting member (light emitting diodes, LEDs) configured and arranged to illuminate at least a portion of the body (light emitting diodes (LEDs) strategically installed throughout the interior cabin of vehicle 12 to provide numerous accent lighting illumination zones 70, for example, at the bottom edge of the dashboard 72 (to illuminate the floor for front passengers), col 7, ln 47-55).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the dumper vehicle of Wacker to include a lighting arrangement to illuminate the floorplate portion of the body as disclosed by Claywell, as one of ordinary skill in the art would have recognized that applying the known technique of a lighting arrangement to the console of the vehicle would have yielded the predictable results of illuminating the floor for the vehicle operator and resulted in an improved system.
Claim 17: Wacker, as modified by Claywell, discloses the body comprises an operator control console (Wacker, various controls 165) mounted thereto (Wacker, as shown in Fig 1), wherein the floorplate (Wacker, upper body surface located directly in front of and below the seat in Fig 1) is arranged between the operator seat (Wacker, see Fig 1) and the operator control console (165) (Wacker, as shown in Fig 1), and wherein the at least one lighting member is located on the operator control console (Claywell, lighting illumination zones 70, at the bottom edge of the dashboard (console) 72 to illuminate the floor for front passengers, col 7, ln 47-55).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wacker in view of Claywell as applied to claim 16, and further in view of Flores et al., US 2006/0271261 (hereinafter Flores).
Claim 18: Claywell further discloses a controller configured to control activation and deactivation of the lighting arrangement (method 200 to generate enhanced accent lighting within a vehicle cabin, col 9, ln 35-37).
Wacker and Claywell are silent as to wherein the controller is configured to activate or deactivate the lighting arrangement based on one or more of: an active or inactive state of a vehicle headlight arrangement; a position of the operator seat; an active or inactive state of the dumper vehicle; an open or closed position of a cab door of an operator cab.
Flores discloses an apparatus and a method for illuminating a vehicle (see abstract ). A controller is configured to activate or deactivate the lighting arrangement based on one or more of:
an active or inactive state of a vehicle headlight arrangement;
a position of the operator seat (vehicle presence in the seats, par [0029]);
an active or inactive state of the vehicle (when it is sensed that the key fob is a certain distance from the vehicle, then the interior lights will turn off unless other indications are present, state of ignition switch or state of gear shift par [0029]);
an open or closed position of a cab door of an operator cab (door positions, which include open or closed, par [0029]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the dumper vehicle of Wacker and Caldwell to include a controller configured to control activation and deactivation of the lighting arrangement as disclosed by Flores, as one of ordinary skill in the art would have recognized that applying the known technique of a controller configured to control activation and deactivation of the lighting arrangement would have yielded the predictable results of selectively determining when to illuminate or turn on the lighted components of the vehicle (Flores, par [0029]) thereby improving the vehicle operator’s experience.
Allowable Subject Matter
Claim 14 is 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 14 contains allowable subject matter over the closest prior art as cited above.
Regarding claim 14, the prior art as cited above fails to disclose the limitations of “wherein the controller is configured to control the cooling fan based on a selected state of a forward/neutral/reverse (FNR) drive selector”,
The Examiner is unaware of prior art which reasonably suggest alone or in combination the limitations of claim 14.
Conclusion
Claims 1-13 and 15-20 are rejected. Claim 14 is objected to. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676
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