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 .
Response to Arguments
Applicant’s arguments, see page 7, filed on March 16, 2026, with respect to claimed features not illustrated have been fully considered and are persuasive in view of the cancellation of claim 8. The objection to the drawings has been withdrawn.
Applicant’s arguments, see pages 7 and 8, filed on March 16, 2026, with respect to anticipation by Wisniewski et al. have been fully considered but they are not persuasive.
In response to applicant’s argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “a power supply unit that is never mounted on the work-performing machine. Instead, the power supply unit is placed on the ground during stationary operation and is carried by hanging from the machine's gripping tool during mobile operation. This is explicitly stated in paragraph [0013] of Applicant’s specification, which recites: “Instead, the power supply unit is preferably placed on the floor ... and hangs on a gripping tool ... in mobile operation.””) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The claims fail to recite the mounting location of the power supply unit. Also, the merely states that “the housing comprises a pick-up element which is configured and arranged on the housing in such a way that the power supply unit can be gripped and moved by means of a gripping tool or a quick-coupling device of the work-performing machine.” This language contains a single structural limitation: “a pick up element”. This element is present in the prior art of record. Therefore, the “shared swappable energy module” of Wisniewski et al. is capable of being “configured and arranged on the housing in such a way that the power supply unit can be gripped and moved by means of a gripping tool or a quick-coupling device of the work-performing machine.”
In response to applicant’s argument that “Wisniewski discloses a system where battery modules are loaded onto a cargo bed of a vehicle and connected via electrical contacts integrated into that bed. Wisniewski's system is designed for swapping modules to be integrated with the vehicle, not for being carried by a gripper while remaining a separate, non-integrated unit (see FIG. 4 and its corresponding description in Wisniewski).”, it must be noted that the way the “shared swappable energy module” of Wisniewski et al. is used is not outside of, or prohibited by, the limitations of claim 1.
In response to applicant’s argument that “Wisniewski does not disclose a power supply unit that is "gripped and moved by means of a gripping tool," as required by claim 1.”, it must be noted that claim 1 merely recites that “the power supply unit can be gripped and moved by means of a gripping tool or a quick-coupling device of the work-performing machine”. Wisniewski et al. does teach a “shared swappable energy module” that “can be gripped and moved by means of a gripping tool” as recited by claim 1.
In response to applicant’s argument that “The bracing device of claim 1 (e.g., a chain or strap) is necessary to prevent the freely hanging power supply unit from swaying during movement. This solves a problem that does not exist in Wisniewski, where the module is securely placed on the cargo bed.”, it must be noted that “a chain or strap” are limitations not present in claim 1. Moreover, the language in paragraph [0016] of Wisniewski et al. is clear on the fact that chains and straps are well known “power assist devices” capable of securing a load.
In response to applicant’s argument, see pages 8 and 9, filed on March 16, 2026, stating that “Innofas discloses a classic Uninterruptible Power Supply (UPS). Its purpose is to ensure a continuous power supply by bridging grid fluctuations or outages. The changeover device serves this specific purpose. In contrast, the changeover device of the present invention serves to switch from a stationary power source to the mobile power source to enable the work-performing machine to become mobile and change its location. This is about enabling mobility, not ensuring uninterrupted power.”, it must be noted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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.
Claims 1, 2, 6, 12, 14, 16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2014/0217991 A1 to Wisniewski et al.
Wisniewski et al. clearly teaches a shared swappable energy module, comprising:
a power source (64) surrounded by a housing (14); and
a first electrical connection (22), via which the work-performing machine is electrically connectable to the power source and can be supplied with electrical energy by the latter,
wherein the housing comprises:
a pick-up element (60) which is configured and arranged on the housing (see Figure 1) in such a way that the power supply unit can be gripped and moved by means of a gripping tool (58) or a quick-coupling device of the work-performing machine.
With regards to claim 2, Wisniewski et al. discloses:
the pick-up element being arranged on an upper side of the housing (see Figure 1).
With regards to claim 6, Wisniewski et al. discloses:
a bracing device (see paragraph [0016]) that is mechanically connectable to the work-performing machine, in order to limit a relative movement between the power supply unit and the work-performing machine.
With regards to claim 12, Wisniewski et al. discloses:
a mobile power supply unit as described in paragraph 4 above, wherein the work-performing machine is electrically operable and has a gripping tool (58) and/or a quick-coupling device, by means of which the power supply unit can be gripped and moved via the pick-up element.
With regards to claim 14, Wisniewski et al. discloses:
the work-performing machine griping and lifting the power supply unit at the pick-up element via a gripping tool (58) and/or a quick-coupling device,
wherein the power supply unit, during this movement and also in the stationary state during the working mode of the work-performing machine, remains continuously electrically connected to the work-performing machine and mechanically connected via a bracing device.
With regards to claim 16, Wisniewski et al. discloses:
the pick-up element forms a highest point of the power supply unit (see Figure 1).
With regards to claim 19, Wisniewski et al. discloses:
the bracing device comprises a bracing element (see paragraph [0016]) connected to the housing, which bracing element comprises a chain, a cable or a strap.
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.
Claims 4, 5, 9, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2014/0217991 A1 to Wisniewski et al. in view of DE 20 2020 100 673 U1 to Innofas GmbH.
Wisniewski et al. clearly teaches a shared swappable energy module as described in paragraph 5 above.
However, it fails to disclose a second electrical connection that is electrically connectable to an external power source, and a changeover device, which is electrically connected to the first and second electrical connections and to the power source of the power supply unit and is configured to electrically connect the first and second electrical connections to one another in stationary operation, so that the work- performing machine can be supplied via the external power source, and in mobile operation the power source of the power supply unit is to be electrically connected to the first electrical connection so that the work-performing machine can be supplied via the power source of the power supply unit.
Innofas GmbH disclose a mobile power supply unit, comprising:
a second electrical connection (31) that is electrically connectable to an external power source (10); and
a changeover device (33), which is electrically connected to the first and second electrical connections and to the power source of the power supply unit, configured to electrically connect the first and second electrical connections to one another in stationary operation, so that the work-performing machine can be supplied via the external power source, and in mobile operation the power source of the power supply unit is to be electrically connected to the first electrical connection so that the work-performing machine can be supplied via the power source of the power supply unit.
It would have been obvious to one skilled in the art before the effective filling date of the invention to use the second electrical connection and changeover device disclosed by Innofas GmbH on the shared swappable energy module disclosed by Wisniewski et al., for the purpose of charging the mobile swappable energy supply module.
With regards to claim 5, Innofas GmbH discloses:
the changeover device being capable of being switched manually, wirelessly or via a signaling line.
With regards to claim 9, Wisniewski et al. in view of Innofas GmbH disclose:
the mobile swappable energy supply module having a modular structure; and
the power source comprising one or more power supply modules that can be reversibly connected to the housing and/or to each other,
wherein the housing has receptacles with mechanical connection elements for reversibly receiving power supply modules.
With regards to claim 15, Wisniewski et al. in view of Innofas GmbH disclose:
the work-performing machine being supplied with power via an external power source before the movement of the power supply unit in stationary operation,
wherein:
a changeover device is switched over from stationary operation to mobile operation so that the work-performing machine is supplied with power via the power source of the power supply unit and no longer via the external power source; and
after movement of the power supply unit the changeover device is switched back to stationary operation.
Allowable Subject Matter
Claims 3, 7, 10, 11, 13, 17, and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
The prior art of record, taken alone or in combination, does not teach or suggest a mobile power supply unit as recited by dependent claim 3, wherein:
the pick-up element comprises a first portion and, at an end facing away from the housing, a second portion, which is wider than the first portion.
The prior art of record, taken alone or in combination, does not teach or suggest a mobile power supply unit as recited by dependent claim 7, comprising:
a flexible power supply line which is electrically connected to the power source and has the first electrical connection,
wherein the power supply unit comprises a winding device, on which the power supply line is mounted such that it can be wound and unwound.
The prior art of record, taken alone or in combination, does not teach or suggest a mobile power supply unit as recited by dependent claim 10, wherein:
the pick-up element is detachably connected to the housing or is made up of several parts that can be detachably connected to each other.
The prior art of record, taken alone or in combination, does not teach or suggest a set as recited by dependent claim 11, comprising:
at least one further, differently configured pick-up element or removable part of the pick-up element and at least one further power supply module.
The prior art of record, taken alone or in combination, does not teach or suggest a mobile work-performing machine as recited by dependent claim 13, comprising:
at least one electric drive and a third electrical connection, which is connectable to the first electrical connection of the power supply unit in order to supply the electric drive.
The prior art of record, taken alone or in combination, does not teach or suggest a mobile power supply unit as recited by independent claim 18, wherein:
the signaling line is connectable to a control system of the work-performing machine via the first electrical connection.
Dependent claim 17 is considered allowable due to its dependence on allowable dependent claim 3.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PEDRO J CUEVAS whose telephone number is (571)272-2021. The examiner can normally be reached 9:00 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Han can be reached at (571) 272-2078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PEDRO J CUEVAS/Primary Examiner, Art Unit 2896 March 24, 2026