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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 7, 2025 has been considered by the Examiner.
Claim Objections
Claims 1 and 14 are objected to because of the following informalities:
Applicant may wish to add “to” after “a second steering link coupled” at line 10 of claim 1;
Applicant may wish to replace “the pivot members are oriented to space a distance” at line 16 of claim 1 to “the pivot members are oriented to span a distance” as shown in claim 14;
Claim 14 calls for two “left side rails”, one of which spans “in a cross car direction from the left side rail”. Examiner will treat the latter “left side rail” as intended to be a right side rail and disregard the “cross car direction from the left side rail”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buchwitz et al. (US 10,836,424).
Buchwitz discloses and shows at Fig. 3, for example, a vehicle, comprising:
a support structure (206);
a first wheel mount (214) and a second wheel mount (216) each adapted to receive a separate one of two rear wheels of the vehicle for rotation about an axis of rotation (322);
a rear suspension assembly (204) coupled between the support structure and the first wheel mount and the second wheel mount; and
a rear wheel steering assembly coupled to the support structure and to the first wheel mount and the second wheel mount, the rear wheel steering assembly including an actuator (302) coupled to the support structure, a first steering link (306) coupled to the first wheel mount and to a first pivot member (310), a second steering link (308) coupled to the second wheel mount and to a second pivot member (312), the first pivot member and the second pivot member are separately connected to the actuator and are rotatable about separate pivots (334, 336, respectively), each pivot is located between the connections of the associated steering link and the actuator to the pivot member, wherein the actuator is coupled to the support structure at a location (at axis 320) that is spaced in a fore-aft direction from the axis of rotation and the pivot members are oriented to space a distance in the fore-aft direction between an axis of movement of the actuator and the steering links, and the actuator is operable to change the angle of the first wheel mount and the second wheel mount relative to the support structure to provide rear wheel steering.
Cl. 2 – the actuator is coupled to the support structure at a location that is spaced rearwardly from the axis of rotation relative to the fore-aft direction (see Fig. 2).
Cl. 3 – the actuator is a linear actuator (col. 5:1-14) and the axis of movement extends in a cross-car direction that extends between a left side and a right side of the vehicle, and is perpendicular to the fore-aft direction.
Cl. 4 – the first pivot member is driven for rotation about a first pivot axis, the second pivot member is driven for rotation about a second pivot axis, and the first pivot axis and the second pivot axis are both perpendicular to the actuator axis of movement.
Cl. 5 – the first pivot axis and the second pivot axis are oriented perpendicular to the cross-car direction.
Cl. 6 – the first steering link is connected to the first pivot member at a location forward of the first pivot axis relative to the fore-aft direction, and the actuator is coupled to the first pivot member at a location rearward of the first pivot axis.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Buchwitz et al. as applied to claims 1 and 6.
Buchwitz discloses and shows the invention of claims 1 and 6 as described elsewhere above to include the first steering link (306) being coupled to the first wheel mount at a location forward of the axis of rotation of the first wheel mount, and the second steering link (308) being coupled to the second wheel mount at a location forward of the axis of rotation of the second wheel mount. The first steering link and second steering link are not coupled to the respective wheel mount rearward of the axis of rotation of the first and second wheels.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the first and second steering links at a location rearward of the axis of rotation of the wheels in accordance with MPEP 2144.04(VI)(C) which states, “shifting the position of the starting switch would not have modified the operation of the device” in citing In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claims 8-11 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Buchwitz et al. as applied to claim 1 and in view of Birnschein et al. (US 10,668,926).
Buchwitz discloses and shows the invention of claim 1 as described elsewhere above, but lacks the support structure including a left side rail, right side rail and rear rail as claimed.
Regarding claim 8, Birnschein discloses and shows at Fig. 7 a vehicle having a support structure (720) including a left side rail extending in the fore-aft direction, a right side rail extending in the fore-aft direction, and a rear rail (726) extending in the cross-car direction, and the rear suspension assembly includes a first suspension assembly having at least one first suspension link (612) coupled to the left side rail and the first wheel mount (not labeled), and the rear suspension assembly includes a second suspension assembly having at least one second suspension link (also 612) coupled to the right side rail and the second wheel mount (not labeled), and wherein the actuator (706) is coupled the rear rail at a location spaced from a line connecting a center of rotation of the first wheel mount and a center of rotation of the second wheel mount.
The support structure may be used with electric vehicles (EVs) and makes repair and replacement of system components quick and easy while minimizing vehicle downtime (Abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Buchwitz vehicle to where the support structure includes the above features so as to be used with EVs and/or makes repair and replacement of system components quick and easy while minimizing vehicle downtime as taught by Birnschein.
Cl. 9 – Both Buchwitz and Birnschein show a powertrain component carried by the support structure rearward of the actuator and not forward of the actuator.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the powertrain component forward of the actuator in accordance with MPEP 2144.04(VI)(C) which states, “shifting the position of the starting switch would not have modified the operation of the device” in citing In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Cl. 10 – Birnschein shows the left side rail, the right side rail and the rear rail are integrated into a cradle, a cavity (at 726) is defined at least partially by the rails and a powertrain component is received at least partially within the cavity and forward of the actuator.
Cl. 11 – Birnschein shows the powertrain component (700) is one or more than one traction motor that is coupled to the first wheel mount via a first shaft (704) to drivingly rotate the first wheel mount, and the one or more than one traction motor is coupled to the second wheel mount via a second shaft (also 704) to drivingly rotate the second wheel mount.
Cl. 14 – Buchwitz discloses and shows at Fig. 3, for example, a vehicle, comprising:
a support structure (206);
a first wheel mount (214) and a second wheel mount (216) each adapted to receive a separate one of two rear wheels of the vehicle for rotation about an axis of rotation (322);
a powertrain component (212) that is coupled to the support structure and to the first wheel mount via a first shaft that rotates with the first wheel mount, and to the second wheel mount via a second shaft that rotates with the second wheel mount;
a rear suspension assembly (204) coupled between the support structure and the first wheel mount and the second wheel mount; and
a rear wheel steering assembly coupled to the support structure and to the first wheel mount and the second wheel mount, the rear wheel steering assembly including a linear actuator (302) coupled to the support structure, a first steering link (306) coupled to the first wheel mount and to a first pivot member (310), a second steering link (308) coupled to the second wheel mount and to a second pivot member (312), the first pivot member and the second pivot member are separately connected to the linear actuator and are rotatable about separate pivots (334, 336, respectively), each pivot is located between the connections of the associated steering link and the linear actuator to the pivot member, wherein the linear actuator is coupled to the support structure at a location (at axis 320) that is spaced rearwardly from the powertrain component in a fore-aft direction, and the pivot members are oriented to span a distance in the fore-aft direction between an axis of movement of the linear actuator and the steering links, and the linear actuator is operable to change the angle of the first wheel mount and the second wheel mount relative to the support structure to provide rear wheel steering.
Buchwitz does not include the support structure having a left side rail, right side rail and rear rail as claimed. Birnschein discloses and shows at Fig. 7 a vehicle having a support structure (720) including a front rail, a rear rail, a left side rail extending between the front rail and the rear rail, and a right side rail extending between the front rail and the rear rail; wherein
a powertrain component (700, 702) that is coupled to the support structure and to the first wheel mount via a first shaft (704) that rotates with the first wheel mount, and to the second wheel mount via a second shaft (704) that rotates with the second wheel mount.
The support structure may be used with electric vehicles (EVs) and makes repair and replacement of system components quick and easy while minimizing vehicle downtime (Abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Buchwitz vehicle to where the support structure includes the above features so as to be used with EVs and/or makes repair and replacement of system components quick and easy while minimizing vehicle downtime as taught by Birnschein.
Cl. 15 – Birnschein shows the left side rail, the right side rail, the front rail and the rear rail are integrated into a cradle, a cavity (at 726) is defined at least partially by the rails and the powertrain component is received at least partially within the cavity and forward of the actuator.
Cl. 16 – Birnschein shows the powertrain component (700) is one or more than one traction motor that is coupled to the first wheel mount via the first shaft (704) to drivingly rotate the first wheel mount, and the one or more than one traction motor is coupled to the second wheel mount via the second shaft (also 704) to drivingly rotate the second wheel mount.
Allowable Subject Matter
Claims 12, 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
Birnschein’s vehicle is configured to be driven in an alternating forward and rearward manner. Fig. 7 shows an exploded, orthographic view of the support structure and components with a forward direction in a “southwesterly” direction.
Prosecution Insights