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 .
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.
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 10 & 14 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 10 recites the limitation "the trailing edge" & “the leading edge”. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the deformable road". There is insufficient antecedent basis for this limitation in the claim.
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 1-4, 6-7, 12-13, 15-16 & 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sen (US 6,353,270).
Regarding Claim 1, Sen discloses an energy harvesting apparatus comprising:
a movable road component [5] that is configured to move away from a raised position due to a weight of said one or more vehicles [13] on the movable road component [5] (FIG. 1, Column 2, Lines 37-56; The underground wheel 3 is suitably disposed to receive gravitational torque pulses from a passing vehicle 13. The torque pulses are applied by means of a transmission mechanism 4 composed of a stepping board 5, a cylindrical rod 6 and a movable striking head 7 with a rubber tip at its lower end);
a link [6] that is coupled to the movable road component [5], the link [6] being movable between a rigid configuration [when pressed by the weight of 13] and a flexible configuration [when 10 is extended] (FIG. 1, Column 2, Lines 37-56; A “recocking” compression spring 10 is used to keep both the stepping board 5 and the protruding end the cylindrical rod 6 in their initial upward position),
wherein in the rigid configuration [when pressed by the weight of 13], the link [6] is configured to be transfer force from the movable road component [5] to act as a work input [when 13 is on top] (FIG. 1; Column 2, Lines 37-56; A “recocking” compression spring 10 is used to keep both the stepping board 5 and the protruding end the cylindrical rod 6 in their initial upward position); and
wherein in the flexible configuration [when 10 is extended], the link [6] is configured to substantially isolate the movement of the movable road component [5] to prevent the link [6] from acting as a work input (FIG. 1).
Regarding Claim 2, Sen discloses the energy harvesting apparatus of claim 1 [see rejected Claim 1], wherein in the rigid configuration [when pressed by the weight of 13], the link [6] is configured to move in a first direction [down 14] such that it is in a fixed relationship relative to the movable road component [5] (FIG. 1).
Regarding Claim 3, Sen discloses the energy harvesting apparatus of claim 1 [see rejected Claim 1], wherein the link [6] comprises a first member [7] and a second member [9] coupled together at a first fixation point [by 8], wherein in the rigid configuration [when pressed by the weight of 13], the first member and a second member are fixed relative to each other at the fixation point and wherein in the flexible configuration [when 10 is extended] the first member [7] and second member [9] are movable relative to each other about the fixation point (FIG. 1).
Regarding Claim 4, Sen discloses the energy harvesting apparatus of claim 3 [see rejected Claim 3], wherein the link [6] comprises an actuator [11] coupled to the fixation point to selectively change the link [6] between the rigid configuration [when pressed by the weight of 13] and the flexible configuration [when 10 is extended] (FIG. 1).
Regarding Claim 6, Sen discloses the energy harvesting apparatus according to claim 1 [see rejected Claim 1], wherein the movable road component [5] comprises a head section [head section of 14 where 10 is located] configured to protrude above a substantially level surface of road [14] and a leg section [leg section at the bottom of 10] that is configured to extend through the surface of road [14] to couple with the link [6] (FIG. 1).
Regarding Claim 7, Sen discloses the energy harvesting apparatus according to claim 6 [see rejected Claim 6], wherein the leg section [leg section of 10] is configured to be constrained to move in a first direction [below 14] by one or more leg guides [leg guides of the spring] (FIG. 1).
Regarding Claim 12, Sen discloses the energy harvesting apparatus according to claim 1 [see rejected Claim 1], comprising a biasing element [3] configured to bias the movable road component [5] to the raised position (FIG. 1).
Regarding Claim 13, Sen discloses the energy harvesting apparatus according to claim 12 [see rejected Claim 12], wherein the biasing element comprises a counterweight [3 is a wheel and a wheel has a weight] (FIG. 1-2).
Regarding Claim 15, Sen discloses the energy harvesting apparatus according to claim 1 [see rejected Claim 1], wherein the apparatus includes an energy driving mechanism [1] and the link [6] is configured to be coupled to the energy driving mechanism [1] and provide the work input to the energy driving mechanism [when 13 presses 5] (FIG. 1-2).
Regarding Claim 16, Sen discloses the energy harvesting apparatus according to claim 15 [see rejected Claim 15], wherein the energy driving mechanism comprises one or more of:
a rack [2] and pinion [4] (FIG. 2);
Regarding Claim 20, Sen discloses the energy harvesting apparatus according to claim 16 [see claim 16], wherein the energy driving mechanism is configured to generate electric energy (FIG. 2, Column 2, Lines 57-64; a new drive unit 1 for the generator shaft comprised of a massive wheel 2 which is suitably coupled, through use of torque-reduction gears4).
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 5, 8, 17-19 & 21 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Sen (US 6,353,270) according to claim 1 or 4 or 15-16 and in further view of Goren (US 2024/0218857).
Regarding Claim 5, Sen discloses the energy harvesting apparatus of claim 4 [see rejected Claim 4], comprising:
Sen does not disclose:
a) a speed sensor configured to measure the speed of said vehicle; and
b) a controller configured to control the actuator to selectively change the link from the flexible configuration to the rigid configuration in advance of the vehicle passing over the movable road component.
Goren teaches:
a) a speed sensor configured to measure the speed of said vehicle (¶ [0092]; It is also contemplated that cameras or sensors may be arrayed at each generator assembly to detect vehicles to make adjustments to the rise of the distal side of the plate 110, 210, 310 or to provide compensation to the drivers of vehicles for using the lane);
b) a controller configured to control the actuator to selectively change the link from the flexible configuration to the rigid configuration in advance of the vehicle passing over the movable road component (¶ [0089]; the plate 110, 210, 310 may include a brake mechanism (not shown) that may control the desired slope or angle that the plate 110, 210, 310 pivots to when in use. The brake mechanism may, for example, limit upward motion of the plate 110, 210, 310. The brake mechanism may be, for example, a chain, rope, rod, linkage, or the like. In addition, the slope desired angle or height of the distal toe end of the plate 110, 210, 310 may be adjustable).
It would be obvious to one of ordinary skilled in the art before the effective filling date of the claimed invention to incorporate Goren teachings (refer to a-b above) into Sen’s energy harvesting apparatus. One would be motivated to do so to enable real-time monitoring, automated, precise, and efficient management of energy generation.
Regarding Claim 8, Sen discloses the energy harvesting apparatus according to claim 1 [see rejected Claim 1], wherein the movable road component [5] comprises a first road section [left side of 14 on the left side of 10] and a second road section [right side of 14 on the right side of 10] forming a surface of road one [road of 14] which a vehicle [13] is drivable (FIG. 1-2),
Sen does not disclose wherein the first road section is movable with respect to the second road section.
Goren teaches wherein the first road section [102] is movable with respect to the second road section [104] (FIG. 2A, ¶ [0058]).
It would be obvious to one of ordinary skilled in the art before the effective filling date of the claimed invention to incorporate Goren teachings into Sen’s energy harvesting apparatus. One would be motivated to do so to improve operational efficiency, safety, and versatility.
Regarding Claim 17, Sen discloses the energy harvesting apparatus according to claim 15 [see rejected Claim 15],
Sen does not disclose wherein the energy driving mechanism comprises one or more of: a single acting pump.
Goren teaches wherein the energy driving mechanism comprises one or more of: a single acting pump (¶ [0021]).
It would have been obvious to one of ordinary skilled in the art before the effective filling date of the claimed invention to incorporate Goren’s pump into Sen’s energy harvesting apparatus to convert pressurized fluid flow into electricity.
Regarding Claim 18, Sen discloses the energy harvesting apparatus according to claim 16 [see rejected Claim 16],
Sen does not disclose wherein the energy driving mechanism is configured to transport fluid from a first position to a second position having a higher head.
Goren teaches wherein the energy driving mechanism is configured to transport fluid from a first position to a second position having a higher head (¶ [0003]).
It would have been obvious to one of ordinary skilled in the art before the effective filling date of the claimed invention to incorporate Goren’s teachings into Sen’s energy harvesting apparatus to convert pressurized fluid flow into electricity.
Regarding Claim 19, Sen in view of Goren discloses the energy harvesting apparatus according to claim 18 [see rejected Claim 18],
Goren teaches wherein the fluid comprises one or more of water, soluble oil, hydraulic oil, seawater, de-salination plant or other suitable fluids (¶ [0003]).
Regarding Claim 21, Sen discloses the energy harvesting apparatus according to claim 15 [see rejected Claim 15],
Sen does not discloses comprising a structure configured to extend over the road, the structure configured to hold fluid within it and the energy driving mechanism is configured to move the fluid within the structure, in use.
Goren teaches comprising a structure configured to extend over the road, the structure configured to hold fluid within it and the energy driving mechanism is configured to move the fluid within the structure, in use (¶ [0003]).
It would have been obvious to one of ordinary skilled in the art before the effective filling date of the claimed invention to incorporate Goren’s teachings into Sen’s energy harvesting apparatus to convert pressurized fluid flow into electricity.
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Sen (US 6,353,270) according to claim 1 and in further view of McIntosh (US 2022/0166289).
Regarding Claim 14, Sen discloses the energy harvesting apparatus according to claim 1 [see rejected Claim 1],
Sen does not disclose comprising a weight sensor configured to sense the weight of said vehicle passing on the deformable road, wherein an amount of biasing provided by the biasing element is adjusted dependent on the weight of said vehicle.
McIntosh teaches comprising a weight sensor configured to sense the weight of said vehicle passing on the deformable road, wherein an amount of biasing provided by the biasing element is adjusted dependent on the weight of said vehicle (¶ [0167]).
It would have been obvious to one of ordinary skilled in the art before the effective filling date of the claimed invention to incorporate McIntos’s teachings into Sen’s energy harvesting apparatus to improve operational efficiency, safety, and versatility.
Allowable Subject Matter
Claims 9 & 11 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 JOSEPH ORTEGA whose telephone number is (469)295-9083. The examiner can normally be reached M-F 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TULSIDAS C. PATEL can be reached at (571)272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH ORTEGA/Primary Examiner, Art Unit 2834