Prosecution Insights
Last updated: October 02, 2026
Application No. 19/108,769

DUMP TRUCK

Non-Final OA §103§112
Filed
Mar 05, 2025
Priority
Sep 06, 2022 — JP 2022-141310 +1 more
Examiner
HUYNH, CHRISTINE NGUYEN
Art Unit
3662
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hitachi Construction Machinery Co., Ltd.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
98 granted / 144 resolved
+16.1% vs TC avg
Strong +25% interview lift
Without
With
+25.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
17 currently pending
Career history
168
Total Applications
across all art units

Statute-Specific Performance

§101
17.9%
-22.1% vs TC avg
§103
60.3%
+20.3% vs TC avg
§102
7.4%
-32.6% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 144 resolved cases

Office Action

§103 §112
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 . Status of Claims This action is in reply to the patent application filed on March 5, 2025. Claims 1-8 are currently pending and have been examined. This action is made Non-FINAL. The examiner would like to note that this application is being handled by examiner Christine Huynh. Information Disclosure Statement The information disclosure statement (IDS) submitted on March 5, 2025 and June 4, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: Claim 1, which recites “a battery level decrease amount computation section configured to compute a battery level decrease amount”, where “battery level decrease amount computation section” is the generic placeholder, “configured to compute a battery level decrease amount” is the functional language, and there is no structural modifier stated in the claims. Claim 1, which recites “a battery level target increase width computation section configured to compute a battery level target increase width”, where “battery level target increase width computation section” is the generic placeholder, “configured to compute a battery level target increase width” is the functional language, and there is no structural modifier stated in the claims. Claim 1, which recites “a battery level target value computation section configured to compute a battery level target value”, where “battery level target value computation section” is the generic placeholder, “configured to compute a battery level target value” is the functional language, and there is no structural modifier stated in the claims. Claim 1, which recites “a travelling operation support section that supports travelling operation”, where “travelling operation support section” is the generic placeholder, “that supports travelling operation” is the functional language, and there is no structural modifier stated in the claims. Claim 2, which recites “a recommended travelling speed computation section configured to compute a recommended travelling speed in the trolley line zone”, where “recommended travelling speed computation section” is the generic placeholder, “configured to compute a recommended travelling speed in the trolley line zone” is the functional language, and there is no structural modifier stated in the claims. Claim 5, which recites “a battery level variation estimation section configured to estimate battery level variation in the non-trolley-line zone”, where “battery level variation estimation section” is the generic placeholder, “configured to estimate battery level variation in the non-trolley-line zone” is the functional language, and there is no structural modifier stated in the claims. Claim 8, which recites “a trolley line zone travelling time computation section configured to compute a travelling time in the trolley line zone”, where “trolley line zone travelling time computation section” is the generic placeholder, “configured to compute a travelling time in the trolley line zone” is the functional language, and there is no structural modifier stated in the claims. Claim 8, which recites “a battery charging power command value computation section configured to compute a remaining travelling time in the trolley line zone”, where “battery charging power command value computation section” is the generic placeholder, “configured to compute a remaining travelling time in the trolley line zone” is the functional language, and there is no structural modifier stated in the claims. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. These claims recite a “battery level decrease amount computation section”, “battery level target increase width computation section”, “battery level target value computation section”, “recommended travelling speed computation section”, “battery level variation estimation section”, “trolley line zone travelling time computation section”, and “battery charging power command value computation section”, but the specification fails to describe the claimed invention in sufficient detail to establish that the inventor or joint inventor(s) had possession of the claimed invention as of the application's filing date. 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 1-8 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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. Evidence that claims 1-8 fail(s) to correspond in scope with that which the inventor or a joint inventor, or for pre-AIA applications the applicant regards as the invention can be found in the reply filed March 5, 2025. In that paper, the inventor or a joint inventor, or for pre-AIA applications the applicant has stated “battery level decrease amount computation section”, “battery level target increase width computation section”, “battery level target value computation section”, “recommended travelling speed computation section”, “battery level variation estimation section”, “trolley line zone travelling time computation section”, and “battery charging power command value computation section”, and this statement indicates that the invention is different from what is defined in the claim(s) because the specification fails to describe the claimed invention in sufficient detail to establish that the inventor or joint inventor(s) had possession of the claimed invention as of the application's filing date. Claim limitations “battery level decrease amount computation section”, “battery level target increase width computation section”, “battery level target value computation section”, “recommended travelling speed computation section”, “battery level variation estimation section”, “trolley line zone travelling time computation section”, and “battery charging power command value computation section” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. There is insufficient disclosure of the corresponding structure as the disclosure is devoid of any structure that performs the functions of the “battery level decrease amount computation section”, “battery level target increase width computation section”, “battery level target value computation section”, “recommended travelling speed computation section”, “battery level variation estimation section”, “trolley line zone travelling time computation section”, and “battery charging power command value computation section”. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. 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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mazumdar (US 20150090554 A1) in combination with Iwata (JP 2020115701 A) and Oda et al. (JP 5865488 B2), in which Mazumdar, Iwata, and Oda were provided in the IDS sent on March 5, 2025. Regarding claims 1-5: With respect to claim 1, Mazumdar teaches: a dump truck, (“a mining haul truck driven by electrical motors is operated from all electrical power sources, without the need for a diesel engine driving a generator.” [0003]), where a mining haul truck is comparable to a dump truck. a travelling motor; (“The mining haul truck has two drive wheels. Each wheel is driven by a 3-phase alternating-current (AC) wheel motor (M).” [0015]). an inverter that converts direct-current power to alternating-current power and supplies the alternating- current power to the travelling motor; (“The inputs of the inverters 210 and the inverters 218 can also be connected to DC power supplied by the electric substation 250 via the trolley line 230 and the trolley line 232.” [0018]), where an inverter can be included. a battery; (“The OBESS can also be implemented with a rechargeable battery system comprising a battery bank.” [0037]). a battery converter that controls charging/discharging power of the battery; (“While the mining haul truck 302 is coupled to the trolley lines 370, trolley power is used to recharge the OBESS.” [0022], “The OBESS can also be implemented with a rechargeable battery system comprising a battery bank.” [0037], “In response to control signals or control commands from the ultracapacitor energy management controller 612, the ultracapacitor electrical energy storage unit 614 can (a) transmit electrical energy to the wheel motors, (b) receive electrical energy from the trolley DC power system, or (c) receive retard electrical energy from the wheel motors.” [0040]), where the controller controls the charging of the battery. a pantograph that receives power supply from a trolley line; (“The mining haul truck 302 is coupled to the trolley lines 370. Under trolley power (trolley power refers to electrical power drawn from the trolley lines), the mining haul truck 302 moves up the trolley ramp 371 (shown as position P 373) and arrives at position P 331. While the mining haul truck 302 is coupled to the trolley lines 370, trolley power is used to recharge the OBESS.” [0022], and FIG. 3), which shows a vehicle connected to an overhead line to receive power. The vehicle connection to the overhead line is equivalent to a pantograph. a vehicle controller that controls the battery converter and the inverter such that power is supplied from the trolley line to the battery and the travelling motor in a trolley line zone that is a travelling zone in which the trolley line is disposed and controls the battery converter and the inverter such that power is supplied from the battery to the travelling motor in a non-trolley-line zone that is a travelling zone in which the trolley line is not disposed, (“The mining haul truck 302 is coupled to the trolley lines 370. Under trolley power (trolley power refers to electrical power drawn from the trolley lines), the mining haul truck 302 moves up the trolley ramp 371 (shown as position P 373) and arrives at position P 331. While the mining haul truck 302 is coupled to the trolley lines 370, trolley power is used to recharge the OBESS.” [0022], “Position P 331 is the exit for the trolley ramp 371. The mining haul truck 302 is then uncoupled from the trolley lines 370. Powered by the OBESS, the mining haul truck 302 travels to position P 333 and then to the unloading site 339, where the mining haul truck 302 unloads the payload 304.” [0023]), where power is supplied from the overhead line to the battery and motor when traveling while connected to the overhead line, and when traveling and not connected to the overhead line, the power is supplied from the battery to the motor. has a battery level decrease amount computation section configured to compute a battery level decrease amount in the non-trolley-line zone, (“From FIG. 7, it can be seen that the mining haul truck needs about 50 s to reach the trolley ramp. Similarly, it would require about the same time to travel from the trolley ramp to the dump (unloading site). Returning from the dump to the trolley ramp would require less time since the mining haul truck is empty. The mining haul truck needs approximately 24 kWh of energy from the OBESS to move the mining haul truck from the shovel (loading site) to the trolley ramp. For all other areas, the energy required from the OBESS would be equal to or less than 24 kWh.” [0056]), where the power consumed when traveling for a specific task can be calculated. Mazumdar does not teach, but Iwata teaches: a battery level target increase width computation section configured to compute a battery level target increase width by adding a predetermined battery level addition amount to the battery level decrease amount, (“Regarding the charging system, the required charging power amount acquiring unit is a required charging which is a difference between a current charging rate of the secondary battery and a corrected target charging rate obtained by adding a margin to the target charging rate of the secondary battery. The required charging power amount may be calculated by multiplying the capacity of the secondary battery by a rate.” [0008]), where a margin is added to a target charging rate, which is comparable to adding a predetermined battery level addition to the battery level decrease amount. a battery level target value computation section configured to compute a battery level target value by adding the battery level target increase width to a battery level at start of travelling in the trolley line zone, (“When the capacity of the secondary battery 51 is stored in the host controller 40, the charging controller 31 can acquire the capacity of the secondary battery 51 from the host controller 40. The required charging power amount is the charging power amount required to bring the charging rate of the secondary battery 51 to the corrected target charging rate. Since the corrected target charging rate is a value obtained by adding a margin to the target charging rate, the required charging power amount is calculated by adding a margin to the charging power amount required to set the charging rate of the secondary battery 51 to the target charging rate. It can also be said to be the amount of charging power. Since the charging rate of the secondary battery 51 needs to be the target charging rate for the next operation of the electric vehicle 50, the required charging power amount can be said to be the charging power amount required for the next operation of the electric vehicle 50.” [0024]), where when the margin is added to the target charging power rate, the required charging power amount is calculated, which can be required for the next operation of the electric vehicle, which is comparable to the start of travelling in the trolley line zone. It would have been obvious to one of ordinary skill in the art before the effective filling date of the instant application to have combined Mazumdar’s trolley system with Iwata’s battery system in order (“to provide a charging system that can prevent the charging rate of a secondary battery from reaching a target charging rate when charging is performed for a chargeable time” See Iwata [0005]). Mazumdar and Iwata, do not teach, but Oda teaches: a travelling operation support section that supports travelling operation that causes the battery level at end of travelling in the trolley line zone to correspond with the battery level target value; (“The display content of the display apparatus (107) in Example 1 is shown in FIG. The display device (107) includes an area (301) for displaying the voltage of the auxiliary power storage device serving as the power supply of the control device, an area (302) for displaying the voltage of the power storage device (105) used as a power source of the vehicle. An area (303) that displays the operating status and failure status of various devices mounted, an area (304) that displays the vehicle speed,” [0035], “the display device 107 displays that the required power amount is secured as a support means for assisting the required amount of power to be secured by the charge amount of the charging device 106. Although the means is provided, in the second embodiment, the display device (107) counts down and displays the time until the charging is completed.” [0037], “The vehicle control device (1101) calculates the necessary charging power amount from the vehicle speed (1151), the vehicle weight (1152), and the current charging power amount (1153), and the necessary charging for enabling overhead wireless traveling (1009) The required charging current (1154) per unit time is calculated from the maximum charging current defined by the amount of power and the life of the power storage device (1104)” [0058]), where a travelling operation support section calculates the power consumption for traveling using an overhead wire power supply. It would have been obvious to one of ordinary skill in the art before the effective filling date of the instant application to have combined Mazumdar-Iwata’s trolley and battery system for a dump truck with Oda’s travelling operation support (“to reliably travel to the next charging facility by charging the amount of power necessary for the next traveling while extending the life of the power storage device” See Oda [0005]). With respect to claim 2, Mazumdar in combination with Iwata and Oda, as shown in the rejection above, discloses the limitations of claim 1. The combination of Mazumdar, Iwata, and Oda teaches a dump truck using a trolley line of claim 1. Mazumdar further teaches: a display device, (“The computational system 1002 can further comprise a user input/output interface 1014, which interfaces the computer 1006 to a user input/output device 1022.” [0043]), where a user interface is a display device. Mazumdar and Iwata do not teach, but Oda teaches: the travelling operation support section is configured by a recommended travelling speed computation section configured to compute a recommended travelling speed in the trolley line zone, (“Then, from the departure station where the charging device (106) is installed, a run curve that can be reached to the next station where the next charging device is installed is calculated. This run curve avoids unnecessary acceleration / deceleration and high-speed traveling to reduce power consumption.” [0047]), where a recommended speed for the vehicle can be computed. the recommended travelling speed computation section is configured to compute a remaining charging time in the trolley line zone by dividing a difference between the battery level target value and the battery level by battery charging power, (“In the vehicle control system described above, a second calculation means for calculating a necessary amount of power that enables traveling until the next charging facility further arrives from the next charging facility when the vehicle departs In the case where the support means can not charge the necessary amount of power calculated by the second calculation means within a predetermined charging time in the next charging facility, the next charging facility arrives earlier than scheduled. Means to notify the driver to secure the charging time for the next charging facility.” [0013]), where the charging time can be computed. It would have been obvious to a person of ordinary skill in the art where the charging time is calculated by dividing a difference between the battery level target value and the battery level by battery charging power in an attempt to provide an improved system or method, as a person with ordinary skill has good reason to pursue the known options within his or her technical grasp. In turn, because the product as claimed has the properties predicted by the prior art, it would have been obvious to make the system or product where the charging time is calculated by dividing a difference between the battery level target value and the battery level by battery charging power. compute the recommended travelling speed by dividing a remaining travelling distance in the trolley line zone by the remaining charging time, (“(8) In the vehicle control system described above, the charging facility is provided in a predetermined section of the route connecting the stopping points of the vehicle, and the supporting means is the charging facility currently traveling. Thus, the vehicle speed at the time of traveling the current charging facility is calculated so as to secure the required power amount, and the driver is notified of the vehicle speed. (9) In the vehicle control system described above, the vehicle speed at which the required power can be secured by the charging facility currently being traveled, the vehicle speed, the current position, and the section length of the current charging facility can Calculated” [0014-0015]), where the traveling speed can be calculated using the distance of the trolley left and to charge the required amount. output the recommended travelling speed to the display device, (“In the display device (107), a target vehicle speed display area (801) for displaying a target vehicle speed obtained from the run curve calculated in this manner is secured, and the target vehicle speed is displayed.” [0047]), where a recommended speed for the vehicle can be displayed. It would have been obvious to one of ordinary skill in the art before the effective filling date of the instant application to have combined Mazumdar-Iwata’s trolley and battery system for a dump truck with Oda’s travelling operation support (“to reliably travel to the next charging facility by charging the amount of power necessary for the next traveling while extending the life of the power storage device” See Oda [0005]). With respect to claim 3, Mazumdar in combination with Iwata and Oda, as shown in the rejection above, discloses the limitations of claim 1. The combination of Mazumdar, Iwata, and Oda teaches a dump truck using a trolley line of claim 1. Mazumdar and Iwata do not teach, but Oda teaches: the travelling operation support section is configured by a recommended travelling speed computation section configured to compute a recommended travelling speed in the trolley line zone, (“Then, from the departure station where the charging device (106) is installed, a run curve that can be reached to the next station where the next charging device is installed is calculated. This run curve avoids unnecessary acceleration / deceleration and high-speed traveling to reduce power consumption. In the display device (107), a target vehicle speed display area (801) for displaying a target vehicle speed obtained from the run curve calculated in this manner is secured, and the target vehicle speed is displayed.” [0047]), where a recommended speed for the vehicle can be determined. the recommended travelling speed computation section is configured to compute a remaining charging time in the trolley line zone by dividing a difference between the battery level target value and the battery level by battery charging power, (“In the vehicle control system described above, a second calculation means for calculating a necessary amount of power that enables traveling until the next charging facility further arrives from the next charging facility when the vehicle departs In the case where the support means can not charge the necessary amount of power calculated by the second calculation means within a predetermined charging time in the next charging facility, the next charging facility arrives earlier than scheduled. Means to notify the driver to secure the charging time for the next charging facility.” [0013]), where the charging time can be computed. It would have been obvious to a person of ordinary skill in the art where the charging time is calculated by dividing a difference between the battery level target value and the battery level by battery charging power in an attempt to provide an improved system or method, as a person with ordinary skill has good reason to pursue the known options within his or her technical grasp. In turn, because the product as claimed has the properties predicted by the prior art, it would have been obvious to make the system or product where the charging time is calculated by dividing a difference between the battery level target value and the battery level by battery charging power. compute the recommended travelling speed by dividing a remaining travelling distance in the trolley line zone by the remaining charging time, (“(8) In the vehicle control system described above, the charging facility is provided in a predetermined section of the route connecting the stopping points of the vehicle, and the supporting means is the charging facility currently traveling. Thus, the vehicle speed at the time of traveling the current charging facility is calculated so as to secure the required power amount, and the driver is notified of the vehicle speed. (9) In the vehicle control system described above, the vehicle speed at which the required power can be secured by the charging facility currently being traveled, the vehicle speed, the current position, and the section length of the current charging facility can Calculated” [0014-0015]), where the traveling speed can be calculated using the distance of the trolley left and to charge the required amount. output a travelling speed command value corresponding to the recommended travelling speed to the inverter; (“In the display device (107), a target vehicle speed display area (801) for displaying a target vehicle speed obtained from the run curve calculated in this manner is secured, and the target vehicle speed is displayed.” [0047]), where a recommended speed for the vehicle can be determined. Mazumdar teaches (“FIG. 6 shows a schematic of an OBESS 626 integrated into a trolley power system. The wheel motors 610 are powered by the motor drive system 630, which includes the DC link capacitor 606 and the inverters 608.” See Mazumdar [0039]), where the system for providing power to the motors include inverters. Therefore, in combination with Oda, it would have been obvious to a person of ordinary skill in the art to output a recommended travelling speed to the inverter in an attempt to provide an improved system or method, as a person with ordinary skill has good reason to pursue the known options within his or her technical grasp. In turn, because the product as claimed has the properties predicted by the prior art, it would have been obvious to make the system or product to output a recommended travelling speed to the inverter. It would have been obvious to one of ordinary skill in the art before the effective filling date of the instant application to have combined Mazumdar-Iwata’s trolley and battery system for a dump truck with Oda’s travelling operation support (“to reliably travel to the next charging facility by charging the amount of power necessary for the next traveling while extending the life of the power storage device” See Oda [0005]). With respect to claim 4, Mazumdar in combination with Iwata and Oda, as shown in the rejection above, discloses the limitations of claim 1. The combination of Mazumdar, Iwata, and Oda teaches a dump truck using a trolley line of claim 1. Mazumdar and Iwata do not teach, but Oda teaches: the battery level decrease amount computation section is configured by a battery level variation recording section configured to record battery level variation in the non- trolley-line zone, (“Patent Document 1 shows a technology for predicting a next traveling route, predicting a necessary amount of power consumption, creating a charge schedule from the amount of power consumption, and controlling charging of a power storage device based on the charge schedule.” [0002], “The vehicle control device (101) requires the stop time at the next stop station where the charging device is installed and the necessary power necessary for traveling from the next stop station to the stop station where the next charging device is installed. A second calculating means for calculating the amount is provided. From the amount of power necessary for traveling to the next stop station calculated by the second calculation means and the maximum charging current (259), the required amount of power (258) can be charged at the next stop station at the stop station Determine if there is” [0050], “When the vehicle (1003) travels without wire (1009) using the power of the storage device mounted on the vehicle (1003) in the wireless section (1008), and charging is performed by the charging device 1 (1001)” [0054]), where the power consumed or will be consumed can be calculated and the power consumed can be recorded. the battery level variation recording section is configured to compute the battery level decrease amount by using a recorded value of the battery level variation; (“The vehicle control device (101) requires the stop time at the next stop station where the charging device is installed and the necessary power necessary for traveling from the next stop station to the stop station where the next charging device is installed. A second calculating means for calculating the amount is provided. From the amount of power necessary for traveling to the next stop station calculated by the second calculation means and the maximum charging current (259), the required amount of power (258) can be charged at the next stop station at the stop station Determine if there is” [0050]), where the battery level consumed can be calculated from the recorded information. It would have been obvious to one of ordinary skill in the art before the effective filling date of the instant application to have combined Mazumdar-Iwata’s trolley and battery system for a dump truck with Oda’s travelling operation support (“to reliably travel to the next charging facility by charging the amount of power necessary for the next traveling while extending the life of the power storage device” See Oda [0005]). With respect to claim 5, Mazumdar in combination with Iwata and Oda, as shown in the rejection above, discloses the limitations of claim 1. The combination of Mazumdar, Iwata, and Oda teaches a dump truck using a trolley line of claim 1. Mazumdar and Iwata do not teach, but Oda teaches: the battery level decrease amount computation section is configured by a battery level variation estimation section configured to estimate battery level variation in the non-trolley-line zone, (“The vehicle control device (101) requires the stop time at the next stop station where the charging device is installed and the necessary power necessary for traveling from the next stop station to the stop station where the next charging device is installed. A second calculating means for calculating the amount is provided. From the amount of power necessary for traveling to the next stop station calculated by the second calculation means and the maximum charging current (259), the required amount of power (258) can be charged at the next stop station at the stop station Determine if there is” [0050]), where the battery level consumed, which is the battery amount that has decreased, can be calculated. the battery level variation estimation section is configured to compute an estimated value of the battery level variation in the non-trolley-line zone by using a loading amount of the dump truck and gradient information of the non-trolley-line zone, (“(2) In the vehicle control system described above, the required power amount is calculated based on the gradient in the route to the next charging facility, the curve radius and the run curve, and the current vehicle weight, and By comparing with the current storage amount, it was determined whether or not the required power amount was charged” [0007], “The vehicle control device (101) requires the stop time at the next stop station where the charging device is installed and the necessary power necessary for traveling from the next stop station to the stop station where the next charging device is installed. A second calculating means for calculating the amount is provided. From the amount of power necessary for traveling to the next stop station calculated by the second calculation means and the maximum charging current (259), the required amount of power (258) can be charged at the next stop station at the stop station Determine if there is” [0050], “When the vehicle (1003) travels without wire (1009) using the power of the storage device mounted on the vehicle (1003) in the wireless section (1008), and charging is performed by the charging device 1 (1001)” [0054]), where an estimated value of the battery level or the power consumed in the non-trolley-line zone can computed using the gradient information. compute the battery level decrease amount in the non-trolley-line zone by using the estimated value of the battery level variation; (“The vehicle control device (101) requires the stop time at the next stop station where the charging device is installed and the necessary power necessary for traveling from the next stop station to the stop station where the next charging device is installed. A second calculating means for calculating the amount is provided. From the amount of power necessary for traveling to the next stop station calculated by the second calculation means and the maximum charging current (259), the required amount of power (258) can be charged at the next stop station at the stop station Determine if there is” [0050]), where battery level decrease amount in the non-trolley-line zone is computed. It would have been obvious to one of ordinary skill in the art before the effective filling date of the instant application to have combined Mazumdar-Iwata’s trolley and battery system for a dump truck with Oda’s travelling operation support (“to reliably travel to the next charging facility by charging the amount of power necessary for the next traveling while extending the life of the power storage device” See Oda [0005]). Allowable Subject Matter Claims 6-8 are rejected under 35 U.S.C. 112(a) and 35 U.S.C. 112(b), but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and rewritten to overcome the 35 U.S.C. 112(a) and 35 U.S.C. 112(b) rejections. The following is a statement of reasons for the indication of allowable subject matter: None of the prior art of record references taken either together or in combination with the prior art of record disclose a method, or system including the further instructions: (Regarding claim 6) the battery level target increase width computation section is configured to compute the battery level addition amount by multiplying, by the battery level decrease amount, a value obtained by dividing a difference resulting from subtracting a minimum average travelling speed in the trolley line zone allowed in a battery level recovery time in which the battery level addition amount is larger than zero from an average travelling speed in the trolley line zone in a battery level stable time in which the battery level addition amount is zero by the minimum average travelling speed. (Regarding claim 7) the battery level target value computation section is configured to compute estimated values of a battery level maximum value and a battery level minimum value in a case in which the dump truck travels in the non-trolley-line zone after the battery is charged to the battery level target value in the trolley line zone, correct the battery level target value toward a decrease side when the estimated value of the battery level maximum value is larger than a battery level upper limit value set on a basis of a battery lifetime, and correct the battery level target value toward an increase side when the estimated value of the battery level minimum value is smaller than a battery level lower limit value set on a basis of the battery lifetime. (Regarding claim 8) the vehicle controller has a trolley line zone travelling time computation section configured to compute a travelling time in the trolley line zone, and a battery charging power command value computation section configured to compute a remaining travelling time in the trolley line zone by subtracting an elapsed time from entry into the trolley line zone from the travelling time, compute a remaining charging amount by subtracting the battery level from the battery level target value, compute a battery charging power command value by dividing the remaining charging amount by the remaining travelling time, and output the battery charging power command value to the battery converter. in combination with the remaining elements and features of the claimed invention. It is for these reasons that the applicants’ invention defines over the prior art of record. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Ohta et al. (US 20180102002 A1) is pertinent because (“Thus, the remaining possible travel range scale calculation unit 28, which is technically in charge of calculating the scale value of the remaining possible travel range scale 12A, actually calculates the possible travel range corresponding to each power consumption rate, on the basis the remaining battery capacity level 33a and the battery capacity deterioration 34a (the remaining amount), and on the basis of the power consumption rate indicated by the lines including the instantaneous value line 15A, the average value line 16A, and the average value line 17A.” [0058]), which pertains to calculating a traveling range and battery capacity. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christine N Huynh whose telephone number is (571)272-9980. The examiner can normally be reached Monday - Friday 8 am - 4 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, Aniss Chad can be reached at (571)270-3832. 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. /CHRISTINE NGUYEN HUYNH/Examiner, Art Unit 3662 /ANISS CHAD/Supervisory Patent Examiner, Art Unit 3662
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Prosecution Timeline

Mar 05, 2025
Application Filed
Sep 02, 2026
Non-Final Rejection mailed — §103, §112 (current)

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