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 .
Summary
This is the second Office Action based on Application 19/187,224 and is in response to Applicant Arguments/Remarks filed 06/15/2026.
Claims 1-6, 8, 10-13, and 15-23 are previously pending, of those claims, claims 11 and 21-22 have been canceled, and new claim 24 has been added. All amendments have been entered. Claims 1-6, 8, 10, 12-13, 15-20, and 23-24 are currently pending and have been fully considered.
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.
Claim(s) 1-6, 8, 10, 12-13, 15-20, and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over WARD (US 2024/0136645 A1) in view of TRACY (US 2020/0317148 A1).
With respect to claims 1 and 4. WARD teaches a battery assembly for a local use vehicle (paragraph 0009). Included is a housing assembly for mounting within a local use vehicle (paragraph 0009). The battery assembly may further include a ballast, or counterweight (paragraph 0014). The ballast may be located beneath the battery in the housing assembly (paragraph 0014). The housing assembly 102 is configured for mounting within local use vehicle (paragraph 0052). The housing assembly may be sized and configured with walls, connectors and securing structure, so as to be usable to retrofit in place of an OEM lead acid battery in a local use vehicle (paragraph 0052). Typically the battery cell portion such as the lead acid would be have a larger form factor than that of the replacement battery, such as a lithium ion battery (paragraph 0052). The battery 104 may then be located within the outer walls 112 of housing assembly 102 (paragraph 0052). The battery 103 may be slid in an out of the vehicle (paragraph 0053). The battery assembly 100 may include a ballast, so that when the battery is replacing a heavier OEM battery, the ballast may be located within the lower housing (paragraph 0059). Specifically the ballast element 138c may be located on the bottom of the battery (paragraph 0060 and Figure 12).
WARD does not explicitly teach a first sensor assembly positioned underneath the battery at one of the left or ride side of the battery compartment.
TRACY teaches a bumper assembly for a material handling vehicle (abstract). The bumper assembly 100 includes a main body 102, a pair of window plates 104, and a pair of lower sections 106 (paragraph 0018). The window plates 104 may correlate with a number of object sensors installed behind the bumper assembly 100 (paragraph 0018). The main body 102 is installed onto a material handling vehicle 110 (paragraph 0019). The main body may be attached to a power section 112 of the vehicle 110, the power section includes a battery (paragraph 0019). The object detection sensors 114 may include at least two in each corner of the pend of the vehicle (paragraph 0024). The sensors then are located vertically underneath the power section 112 which includes the battery (see Figure 1). The bumper assembly then provides a mounting arrangement for the sensors, that provide unobstructed field of views (paragraph 0020). The main body of the bumper assembly includes cutout 116 for each sensor 114 (paragraph 0021). The cutouts enable the installation of the object detection sensor and corresponds to the window plate which covers the cutout (paragraph 0021). The sensors being formed inside the cutouts is taken to mean that they are completely located within the bounds of the frame.
At the time the invention was filed one having ordinary skill in the art would have been motivated to combine the sensor assembly of TRACY with the vehicle of WARD, as this is a combination of known prior art elements in order to achieve predictable results. Specifically, WARD teaches a local use vehicle which uses the battery assembly, and then TRACY teaches that such a vehicle may include the object detection sensors that allow the vehicle to be semi or fully autonomous (paragraph 0020).
With respect to claims 2. WARD teaches the housing assembly is configured for an OEM battery and securing for a retrofit instead of the OEM battery (paragraph 0052). The battery assembly then includes a ballast for when the battery is replacing a heavier OEM battery (paragraph 0059). Therefore the ballast, or counterweight is in the extra space from the replacement battery. WARD does not explicitly teach the first sensor assembly is also in this extra space.
TRACY teaches the sensors are placed in cutouts (paragraph 0021). Further the number of the window plates and cutouts correlate to the number of sensors (paragraph 0018). The object sensors may be located in any location on the vehicle (paragraph 0020).
At the time the invention was filed one having ordinary skill in the art would have been motivated to place one of the sensors of TRACY in the opening formed by the extra space of WARD, as TRACY teaches that the placement of the object detection sensors may be variable, and therefore placing them in this extra space would have been a matter of routine optimization.
With respect to claim 3. The rejection of claim 2 from above is repeated here. TRACY teaches the sensors are placed in cutouts and window plates so that the sensor may have a field of view (paragraph 0024). As noted, the placement of the sensors may be determined as a matter of routine optimization, and then they are placed in cutouts 116. Therefore the sensor assembly is taken to be formed in a cutout in order for it to function.
With respect to claim 5. TRACY teaches as seen in Figures 3-4 the cutout section 116 is taken to have a L-shaped portion. Then as noted above with respect to claims 2-3, the cutout portions may be formed as part of the counterweight assembly.
With respect to claim 6. TRACY teaches the cutout portions are arranged in corners, and include window plates 104 (paragraphs 0018 and 0021). These are placed to provide an unobstructed field of view (paragraph 0020).
With respect to claims 8. WARD teaches as seen in Figures 3-4 a height and surface area of an operator compartment floorboard above a surface is the same before and after a battery is installed.
With respect to claim 10. The rejection of claim 1 in view of WARD and TRACY from above is repeated here. WARD teaches the ballast element 138c which is taken to be part of the counterweight assembly. WARD teaches the housing assembly is configured for an OEM battery and securing for a retrofit instead of the OEM battery (paragraph 0052). The battery assembly then includes a ballast for when the battery is replacing a heavier OEM battery (paragraph 0059). Therefore the ballast, or counterweight is in the extra space from the replacement battery. WARD does not explicitly teach the first sensor assembly is also in this extra space.
TRACY teaches the sensors are placed in cutouts (paragraph 0021). Further the number of the window plates and cutouts correlate to the number of sensors (paragraph 0018). The number of sensors is at least two one on either side (See Figure 1). The object sensors may be located in any location on the vehicle (paragraph 0020).
At the time the invention was filed one having ordinary skill in the art would have been motivated to place one of the sensors of TRACY in the opening formed by the extra space of WARD, as TRACY teaches that the placement of the object detection sensors may be variable, and therefore placing them in this extra space would have been a matter of routine optimization. TRACY teaches the sensors are placed in cutouts and window plates so that the sensor may have a field of view (paragraph 0024). As noted, the placement of the sensors may be determined as a matter of routine optimization, and then they are placed in cutouts 116. Therefore the sensor assembly is taken to be formed in a cutout in order for it to function.
With respect to claim 12. TRACY teaches the sensors 114 are placed on the side of the bumper assembly, and are arranged for easy servicing and installation of the sensors (paragraph 0020-0021).
With respect to claim 13. TRACY teaches the first and second sensors cut outs are arranged on opposite sides of the bumper assembly 100 (Figure 1) and are taken to enlarge a field of view based on the additional sensors.
With respect to claim 15. TRACY teaches a number of the object detection sensors may be installed behind the bumper assembly (paragraph 0018). These are taken to include rear sensor assemblies as well as front sensor assemblies (figure 1).
With respect to claim 16. TRACY teaches the sensor assemblies are formed inside the window plates 104 and cutouts 116 (paragraphs 0018-0021 and Figure 1) and are therefore taken to be located within the bounds of the frame of the vehicle.
With respect to claim 17. TRACY teaches the bumper assembly provides the mounting arrangement for the object detection sensors that provides an unobstructed field of view to maximize sensing capabilities and enables selective viewing (paragraph 0020).
With respect to claim 18. TRACY teaches the object detection sensors one in each corner of the vehicle, and may be arranged in any location on the vehicle (paragraph 0020). Therefore having the sensors of TRACY cover 360 degrees would have been obvious at the time the invention was filed.
With respect to claim 19. TRACY places the object detection assembly may be placed at any location of the vehicle (paragraph 0020) and specifically may be behind the bumper assembly (paragraph 0018) and therefore it would have been obvious to have one at the front or behind the battery.
With respect to claim 20. WARD teaches as seen in Figures 3-4 a height and surface area of an operator compartment floorboard above a surface is the same before and after a battery is installed.
With respect to claim 23. WARD teaches the battery assembly including a counterweight located beneath the battery (paragraph 0014). The location of the counterweight then is taken to be the claimed first cutout. WARD does not explicitly teach the first sensor assembly is also in this extra space.
TRACY teaches the sensors are placed in cutouts (paragraph 0021). Further the number of the window plates and cutouts correlate to the number of sensors (paragraph 0018). The object sensors may be located in any location on the vehicle (paragraph 0020).
At the time the invention was filed one having ordinary skill in the art would have been motivated to place one of the sensors of TRACY in the opening formed by the extra space of WARD, as TRACY teaches that the placement of the object detection sensors may be variable, and therefore placing them in this extra space would have been a matter of routine optimization.
With respect to claim 24. The rejection of claim 1 in view of WARD and TRACY from above is repeated here. WARD teaches the housing assembly is configured for an OEM battery and securing for a retrofit instead of the OEM battery (paragraph 0052). The battery assembly then includes a ballast for when the battery is replacing a heavier OEM battery (paragraph 0059). Therefore the ballast, or counterweight is in the extra space from the replacement battery. WARD does not explicitly teach the first sensor assembly is also in this extra space.
TRACY teaches the sensors are placed in cutouts (paragraph 0021). Further the number of the window plates and cutouts correlate to the number of sensors (paragraph 0018). The object sensors may be located in any location on the vehicle (paragraph 0020).
At the time the invention was filed one having ordinary skill in the art would have been motivated to place one of the sensors of TRACY in the opening formed by the extra space of WARD, as TRACY teaches that the placement of the object detection sensors may be variable, and therefore placing them in this extra space would have been a matter of routine optimization.
Response to Arguments
Applicant’s arguments, see pages of Applicant Arguments/Remarks, filed 06/15/2026, with respect to the 35 U.S.C. 112 rejection of claims 5 and 11 have been fully considered and are persuasive. The 35 U.S.C. 112 rejection of claims 5 and 11 has been withdrawn.
Applicant has amended claim 5 to overcome the rejection, and claim 11 has been canceled.
Applicant's arguments filed 06/15/2026 have been fully considered but they are not persuasive.
On pages 9-10 of Applicant Arguments/Remarks, Applicant argues that WARD is silent to the sensor device which monitors area adjacent to the sides of the vehicle. Applicant argues that TRACY discloses a bumper assembly which is an attachment to the outside of the power section of the vehicle. Applicant argues that TRACY does not specifically disclose where the battery is located within the power section and that TRACY does not disclose that the battery extends beyond the outer cover of the power section as would be required for the battery to be located in any manner above a sensor within a bumper assembly that is mounted outside the outer cover of the power section.
This argument is not persuasive. Claim 1 recites “a first sensor assembly positioned vertically underneath the battery at one of the left or right side of the battery compartment”. Therefore the claim requires the sensor assembly to be located vertically underneath the battery, but does not require the entirety of the sensor assembly being vertically underneath, and it does not require that the sensor assembly is directly underneath. Annotated figure 1 of TRACY is repeated here.
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Therefore the sensor 114 is vertically located under the power section 112. Therefore this limitation is being given it’s broadest reasonable interpretation (see MPEP 2111).
Similarly on page 11 of Applicant Arguments/Remarks Applicant argues that claim 10 recites a similar limitation. A similar rebuttal is made with respect to the limitations of claim 10.
On page 11 Applicant argues that TRACY does not teach that the sensor may be located in all parts of the vehicle without limitation as to where. Therefore on page 12 Applicant argues that TRACY does not suggest counterweight assemblies having cutout portions in which sensor assemblies are positioned.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Therefore it is the combination of WARD and TRACY that teaches this limitation as noted above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN G JELSMA whose telephone number is (571)270-5127. The examiner can normally be reached Monday through Friday 9:00 AM to 4:00 PM EST.
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/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722
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