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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the band and opposite band as claimed in claim 1 and opposite bands of the winch in claim 3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 9 is objected to because of the following informalities: Line 8 should read “driver cab” for the purpose of consistency in the claims as all other previous recitations the term “driver cab” is used. Appropriate correction is required.
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.
Claims 1-14 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 1 recites “a first supply tank […] extending along a first lateral axis substantially parallel to the first longitudinal axis”, “the first supply tank arranged on a band of the longitudinal axis”, “a second supply tank […] extending along a second lateral axis substantially parallel to the longitudinal axis”, and “the second supply tank being arranged on an opposite band of the longitudinal axis” which renders the claim indefinite because it is unclear if the first and second lateral axes are the same as the band and opposite band of the longitudinal axis or if some other structure is required for the “band”. The specification does not provide any additional description of the band from what is recited in the claims, and the drawings do not contain a band or opposite band. Additionally, the term “band” referring to part of an axis is not a commonly used term in the art and one of ordinary skill in the art would not be reasonably comprises as to what the requirements of the claim are regarding the first and opposite bands. For the purposes of examination, examiner is interpreting the band and first lateral axis to be the same and the opposite band and second lateral axis to be the same. Claims 2-14 depend from claim 1.
Claim 3 recites “opposite bands of the winch” which renders the claim indefinite for the reasons set out regarding claim 1 above and the use of the term “bands”.
Claim 10 recites “wherein the first supply tanks are arranged on top of each other” and “the second supply tanks are arranged on top of each other” which renders the claim indefinite because if one tank is on top of another, it is unclear how they could both be arranged “on top of each other” as one would necessarily be under the other. Examiner suggests “wherein the first supply tanks are arranged one on top of the other” or the like for clarity.
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.
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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Dengg (US 2023/0193590 A1) in view of Kirchmair (WO 2022/130279 A1).
In regards to claim 1: Dengg teaches a hydrogen-powered vehicle (1) extending along a longitudinal axis (See annotated Figure 4), the hydrogen-powered tracked vehicle comprising:
a frame (2 and 3) with a machine component (claim 1, not shown);
a driver cab (4) mounted on the frame (on rear portion 3);
a hydrogen storage (Right and left numerals 5) comprising:
a first supply tank (at least one of the right reference 5 in Figure 4) configured to contain hydrogen (Paragraph 0011: “Examples for conceivable gaseous fuels include hydrogen, CNG, methane gas, and others; examples for fluid fuels include liquid hydrogen and liquid gas, e-fuels, and conventional diesel fuel.”, Examiner further notes that paragraph 0015 refers to the tanks as a “hydrogen tank system”) and extending along a first lateral axis substantially parallel to the longitudinal axis (See annotated Figure 4), the first supply tank being arranged on a band of the longitudinal axis at a first distance from the longitudinal axis (See annotated Figure 4), and
a second supply tank (at least one of left reference 5 in Figure 4) configured to contain hydrogen (See quotes from paragraphs 0011 and 0015 directly above) and extending along a second lateral axis substantially parallel to the longitudinal axis (See annotated Figure 4), the second supply tank being arranged on an opposite band of the longitudinal axis at a second distance from the longitudinal axis (See annotated Figure 4).
While Dengg teaches that the vehicle can be a tracked vehicle (Claim 11), Dengg fails to explicitly teach a fist track and a second track, and wherein the tracks are configured to move the hydrogen powered tracked vehicle forward in a travel direction substantially parallel to the longitudinal axis.
However, Kirchmair teaches a hydrogen powered tracked work vehicle (1) with a winch (7) and a first track (Right 6) and a second track (Left 6, Examiner notes that only one is shown in Figure 1 however the abstract and paragraph 1 of the disclosure both refer to two tracks, 6), wherein the tracks are configured to move the hydrogen powered tracked vehicle forward in a travel direction substantially parallel to the longitudinal axis (Abstract sentence 1 wherein the tracks are driven to move the vehicle. Examiner notes that a forward direction relative to the driving cabin and along a longitudinal axis of the vehicle of Kirchmair is substantially along the same longitudinal forward axis of the vehicle of Dengg relative to where the driving cab is where a driver would be facing forward).
Therefore, it would have been obvious to one of ordinary skill in the art with a reasonable expectation of success before the effective filing date of the claimed invention to provide the tracked work vehicle of Dengg with first and second tracks for forward motion and a winch as in Kirchmair for the machine component of Dengg to allow for even weight distribution and additional traction as well the lifting capability provided by the winch, thereby allowing for a work vehicle more suited to particular terrains such as mud and snow, and increasing functionality of the work vehicle with the winch.
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In regards to claim 2: The hydrogen powered tracked vehicle of claim 1 is taught by Dengg in view of Kirchmair. The combination further teaches a winch (7 of Kirchmair) mounted on the frame behind, with respect to the travel direction, the driver cab, the winch being arranged between the first supply tank and the second supply tank. Examiner notes that the location of the machine component of Dengg is not shown or discussed. The winch of Kirchmair, relied upon for the combination, is not shown on the frame of Dengg. Nevertheless, the winch of Kirchmair is located behind the driver’s cab (3) of Kirchmair and it would be obvious in combination, to locate the winch behind the driver’s cab of Dengg as well so as not to obstruct the view of the driver with the winch.
In regards to claim 3: The hydrogen powered tracked vehicle of claim 1 is taught by Dengg in view of Kirchmair. The combination further teaches wherein the first supply tank and the second supply tank are arranged on opposite sides of the winch with respect to the longitudinal axis. Examiner notes again that the winch of Kirchmair is not shown in combination with Dengg. However, the winch of Kirchmair is located relatively center on the vehicle. Additionally, the first and second tanks of Dengg are located on left and right sides of the frame, so it would be obvious in combination that the winch would be located on the frame between the right and left or first and second tanks of Dengg as there exists very few, if any, other reasonable locations to place a winch on the vehicle frame of Dengg.
In regards to claim 4: The hydrogen-powered tracked vehicle of claim 1 is taught Dengg in view of Kirchmair. The combination further teaches wherein the first supply tank and the second supply tank are removable from the hydrogen-powered tracked vehicle (Paragraph 0010 of Dengg: “The container or containers are optionally arranged removably or exchangeably in or at the rack or at the assembly.”).
In regards to claim 5: The hydrogen-powered tracked vehicle of claim 1 is taught by Dengg in view of Kirchmair. The combination further teaches wherein the first supply tank is arranged on top of the first track and the second supply tank is arranged on top of the second track. Examiner notes that this combination is not shown in the Figures of Dengg or Kirchmair. However, claim 3 of Dengg states that a rack with the storage tanks is arranged above the wheel arches of the work machine. Dengg also anticipates an embodiment with track systems in claim 11. Examiner notes that replacing the wheels with track systems as in the combination of Dengg and Kirchmair regarding claim 1, would still leave the first and second storage tanks of Dengg on top of first and second track systems.
In regards to claim 6: The hydrogen-powered tracked vehicle of claim 1 is taught by Dengg in view of Kirchmair. The combination further teaches wherein the first supply tank and the second supply tank are arranged behind, with respect to the travel direction, the driver cab (See Figure 4 of Dengg where the supply tanks (5) are located behind the driver cab (4).
In regards to claim 7: The hydrogen-powered tracked vehicle of claim 1 is taught by Dengg in view of Kirchmair. The combination further teaches wherein the first supply tank and the second supply tank are positioned on opposite sides of the driver cab with respect to the longitudinal axis (See annotated Figure 4 of Dengg above).
In regards to claim 8: The hydrogen-powered tracked vehicle of claim 1 is taught by Dengg in view of Kirchmair. The combination further teaches wherein the hydrogen storage comprises a plurality of first supply tanks and a plurality of second supply tanks (Paragraph 0038 of Dengg: “The use of the plural equally also includes the presence of the element in question in the singular and, conversely, the singular also includes a plurality of the elements in question.” And Paragraph 0056 of Dengg: “A plan view of a wheeled loader in accordance with the disclosure with horizontal tanks 5 can be seen from FIG. 4. One or more tanks 5 arranged above one another can be used.” Underline added for clarity).
In regards to claim 9: The hydrogen-powered tracked vehicle of claim 8 is taught by Dengg in view of Kirchmair. The combination further teaches wherein: at least one of the first supply tanks is positioned behind, with respect to the travel direction, the driver cab (See Figure 4 of Dengg where the first and second supply tanks are both located behind the driver cab 4),
at least one of the first supply tanks is positioned at a first side of the driver cab (See Figure 4 of Dengg wherein the first supply tank is positioned to the right and rear of the driver cab);
at least one of the second supply tanks is positioned behind, with respect to the travel direction, the driver cab, (See Figure 4 of Dengg where the first and second supply tanks are both located behind the driver cab 4) and
at least one of the second supply tanks is positioned at a second side of the driver cab (See Figure 4 wherein the second supply tank is positioned to the left and rear of the driver cab), opposite, with respect to the longitudinal axis, the first side of the drive cab (See annotated Figure 4 of Dengg above).
In regards to claim 10: The hydrogen-powered tracked vehicle of claim 8 is taught by Dengg in view of Kirchmair. The combination further teaches wherein the first supply tanks are arranged on top of each other and the second supply tanks are arranged on top of each other (Paragraph 0056 of Dengg: “A plan view of a wheeled loader in accordance with the disclosure with horizontal tanks 5 can be seen from FIG. 4. One or more tanks 5 arranged above one another can be used.” Underline added for clarity).
In regards to claim 11: The hydrogen-powered tracked vehicle of claim 1 is taught by Dengg in view of Kirchmair. The combination further teaches a fuel cell (9 of Dengg) configured to receive hydrogen from the hydrogen storage (Paragraph 0057 of Dengg: “13 marks a supply line that serves the supply of the internal combustion engine or of the fuel cell, etc. with fuel, e.g. with hydrogen.”) and to generate electrical energy from the received hydrogen; and
a propulsion system powered by electrical energy generated by the fuel cell (Claim 12 of Dengg: “wherein the work machine has a fuel cell or an internal combustion engine for the propulsion of the work machine”) and configured to transmit power to at least one of the first track and second track (Examiner notes that the fuel cell of Dengg powers the wheels of Dengg. The combination regarding claim 1 alternatively teaches tracks as discussed in Dengg and taught by Kirchmair. Examiner notes that it would be obvious for the fuel cell of Dengg to alternatively power the tracks instead of the wheels. Furthermore, there would be a reasonable expectation of success and it would be obvious that the combination would work in this manner as the tracks of Kirchmair are also powered by a hydrogen fuel cell (Page 5 lines 12-14: “The drive unit 5 provides the necessary power to operate the snow groomer vehicle 1 and, in particular, to the tracks 6 and at least to the user device 7 , 8 , and/or 9 .” and lines 22-23: “ the drive unit 5 may be a fuel cell engine fed with hydrogen .”).
In regards to claim 13: The hydrogen-powered tracked vehicle of claim 1 is taught by Dengg in view of Kirchmair. The combination further teaches a hydrogen-powered internal combustion engine (Claim 12 of Dengg: “wherein the work machine has a fuel cell or an internal combustion engine for the propulsion of the work machine or for the supply of consumers of the work machine.” Underline added for clarity) configured to receive hydrogen from the hydrogen storage and to transmit power to at least one of the first track and the second track (Paragraph 0057 of Dengg regarding supply of hydrogen to the internal combustion engine, see also claim 12 of Dengg where the internal combustion engine is used for propulsion of the work machine, examiner notes that the wheels of Dengg were replaced with the tracks of Kirchmair as discussed by Dengg and taught in the combination of claim 1, it would be obvious that the engine of Dengg would propel the tracks of the machine rather than the wheels).
In regards to claim 14: The hydrogen-powered tracked vehicle of claim 13 is taught by Dengg in view of Kirchmair. The combination further teaches wherein the hydrogen-powered internal combustion engine is configured to transmit power to a winch mounted on a frame (7 of Kirchmair, see rejection above in regards to claim 1 and teaching of Kirchmair’s winch as the machine component of Dengg), see also claims 1, 2, and 3 of Dengg where the machine component (i.e. winch of Kirchmair) is driven by the fuel from the fuel container, and claim 12 where the internal combustion engine is what provides power using the fuel).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nieuwland (US 2024/0149666 A1) teaches a modular frame for supporting hydrogen fuel tanks. Jackson (US 2023/0311643 A1) teaches roof mounted hydrogen fuel tanks on a tracked vehicle. Harper (US 2023/0243123 A1) teaches a tracked vehicle with hydrogen fuel tanks behind the driver’s cab. Gorman (US 2022/0034066 A1) teaches a tracked work vehicle with various interchangeable power sources including hydrogen fuel cells or hydrogen powered engines.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL R HYMEL whose telephone number is (571)272-0389. The examiner can normally be reached Generally M-F 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIGAIL R HYMEL/Examiner, Art Unit 3611
Prosecution Insights