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
Claims 1-6 are currently pending and have been examined in this application. This communication is the first action on the merits.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy of the foreign priority applications JP2019-122511, JP2019-122515, and JP2019-122516 have been received.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/07/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claims 1-4 are objected to because of the following informalities:
Claims 1 and 2 refer to a hydraulic diving device, this should be a hydraulic driving device.
Claims 1 and 2 further use “either one of the hydraulic driving device, the working device, and the traveling device.” The use of either suggests that there are two options, the claims should refer to “any one of…”
Claims 2-4 refer to the working device according to claim 1 comprising…, this should be “further comprising…” to indicate expanded capabilities rather than alternative to claim 1.
Claim 4 claims a temperature detector to detect temperature, this should be a temperature to detect a temperature.
Appropriate correction is required.
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.
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) 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:
In claim 1, the “cooling device” in the limitation “cooling device to cool the battery” invokes 112(f) as device is a term that does not have definite structure which enables the battery to be cooled.
In claim 1, the “hydraulic driving device” in the limitation “a working/traveling device to be operated by power of the hydraulic driving device” invokes 112(f) as device is a term that does not have definite structure which enables power to be provided for operation of the working/traveling devices.
In claim 1, the “working device” in the limitation “a working device to be operated by power of the hydraulic driving device” invokes 112(f) as device is a term that does not have definite structure which enables a working operation.
In claim 1, the “traveling device” in the limitation “a traveling device to be operated by power of the hydraulic driving device” invokes 112(f) as device is a term that does not have definite structure which enables a traveling operation.
In claim 2, the “load detector” in the limitation “a load detector to detect a load of either one of the hydraulic/working/traveling device” invokes 112(f) as detector is a term that does not have definite structure which enables the battery to be cooled.
In claim 3, the “operation member” in the limitation “an operation member to operate either one of the working/traveling device.” invokes 112(f) as member is a term that does not have definite structure which enables the working/traveling devices to be operated.
In claim 4, the “load detector” in the limitation “a temperature detector to detect a load of the battery” invokes 112(f) as detector is a term that does not have definite structure which enables the temperature to be detected.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification to these claim limitations:
“[0017] The cooling device includes an evaporator through which coolant to cool the battery flows, and a compressor to compress the coolant that has flown through the evaporator… [0060] The pair of traveling devices 4L and 4R are constituted of crawler-type traveling devices. [0061] The working device 3 includes booms 10, boom cylinders 14, working tool cylinders 15, and a working tool 11… [0070] The hydraulic driving device 64 includes a plurality of hydraulic pumps, and, as shown in FIGS. 5 and 6, the plurality of hydraulic pumps include a traveling pump 52L, a traveling pump 52R, a sub pump P1, and a main pump P2, for example… [0085] the working controller 70 is provided with an operation member 58 such as a switch (a speed shifter switch)… [0101] The working operation member 37 is an operation member supported by a plurality of operation valves 59… [0130] the load detector 76 is a pressure detector sensor configured to detect a pressure of hydraulic fluid.”
Note: Temperature detector is interpreted under 35 U.S.C. 112(f) and the specification did not contain a specific corresponding sensor. it was determined that the type of detector was limited by the available methods of detecting temperature. Rendering it broad, but not indefinite. Therefore, it will not be rejected under 35 U.S.C. 112(b).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (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).
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.
Claim 3 is rejected under 35 U.S.C. 112(b) 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. Operation extent is not clearly disclosed in the specification. It is unclear whether the extent is an extension of a boom, the rotational speed of the engine, the loading of the hydraulic device or the traveling device, or an operation of a control input by the driver. There are three operation members disclosed the traveling operation member 54 (operation valves 55), an operation member 58 (a speed shifter switch), and a working operation member 37 (operation valves 59). It is suggested that a position sensor is used to determine the extent of operation but it is unclear what position they would be measuring to determine the extent of operation for any of them. For the purposes of examination it is being interpreted to be any command used for outputting a load for the engine.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kubo et al. (JP 5165250 B2), hereinafter Kubo, in view of Onimaru et al. (JP 2001-105843 A, included in the IDS filed 08/07/2025), hereinafter Onimaru.
With respect to claim 1, Kubo discloses a working machine comprising:
a machine body; (see at least [0002] “construction machines, includes a lower traveling body, an upper revolving body”)
an engine provided on the machine body; (see at least [0002] “drive system originally includes an engine”)
a motor generator to be operated as a motor to assist driving of the engine in an assisting operation, and to be operated as a generator by power of the engine to generate electricity in a generating operation; (see at least [0004] “an engine drives a generator, a part of the generated power directly drives a traveling motor, and the remaining power is stored in a battery”)
a battery to store the electricity generated by the motor generator; (see at least [0004] “an engine drives a generator… and the remaining power is stored in a battery”)
a cooling device to cool (see at least [0032] “The engine cooling water system 27 includes… The water pump 34 is normally connected to the engine 24 and is operated by the power of the engine 24.”)
a hydraulic driving device to which powers of the engine and the motor generator are transmitted; (see at least [0003-0004] “at least one hydraulic pump driven by the engine… Hydraulic system drive having… a hydraulic cylinder for bucket” [0006] “a hybrid type drive device… a motor for working machine for lifting the boom, arm, bucket, etc.”)
a working device to be operated by power of the hydraulic driving device; (see at least [0003-0004] “Hydraulic system drive having… a hydraulic cylinder for bucket” [0006] “a hybrid type drive device… a motor for working machine for lifting the boom, arm, bucket, etc.”)
and a traveling device to be operated by the power of the hydraulic driving device, wherein the cooling device stops based on an operating state of either one of the hydraulic diving device, the working device, and the traveling device. (see at least [0041] “the controller 30 temporarily disconnects the water pump 34 from the engine 24 by the control command signal from the controller 30 and opens the electromagnetic switching valve 29 when a load exceeding the predetermined size is required of the engine 24.”)
Kubo discloses a hybrid work machine including cooling devices that stop based on a load demand, but does not explicitly disclose a battery cooling device.
However, Onimaru teaches a cooling device to cool the battery with power transmitted from the engine; (see at least [0006] “a battery cooler for cooling the battery by heat exchange with the battery” [0012] “the compressor is configured to be driven by the power of the internal combustion engine”)
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cooling system of Kubo to include the battery cooling device disclosed in Onimaru, with reasonable expectation of success. The motivation for doing so would have been to regulate the temperature of the battery to an appropriate temperature in order for the battery to fully exhibit and maintain its performance, see Onimaru [0004].
With respect to claim 2, Kubo discloses wherein the cooling device stops when the load detected by the load detector is a predetermined load or more. (see at least [0041] “the controller 30 temporarily disconnects the water pump 34 from the engine 24 by the control command signal from the controller 30 and opens the electromagnetic switching valve 29 when a load exceeding the predetermined size is required of the engine 24.”)
Kubo discloses a hybrid work machine including cooling devices that stop based on a load demand, but does not explicitly disclose that the load demand is detected.
However, Onimaru teaches a load detector to detect a load of either one of the hydraulic diving device, the working device, and the traveling device, (see at least [0012] “operating condition detecting means for detecting the operating condition of the internal combustion engine”)
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cooling system of Kubo to include the battery cooling device disclosed in Onimaru, with reasonable expectation of success. The motivation for doing so would have been to determine when the engine speed is meeting a load command to ensure it is in a high-efficiency operating range, see Onimaru [0055].
With respect to claim 3, Kubo discloses wherein the cooling device stops when an operation extent of the operation member is a predetermined extent or more. (see at least [0041] “the controller 30 temporarily disconnects the water pump 34 from the engine 24 by the control command signal from the controller 30 and opens the electromagnetic switching valve 29 when a load exceeding the predetermined size is required of the engine 24.”)
Kubo discloses a hybrid work machine including cooling devices that stop based on a load demand, but does not explicitly disclose an operation member detection.
However, Onimaru teaches an operation member to operate either one of the working device and the traveling device, (see at least [0027] “A throttle sensor 54 is provided as a sensor that outputs a signal to the hybrid mechanism ECU 4c, and detects the throttle opening.”)
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cooling system of Kubo to include the battery cooling device disclosed in Onimaru, with reasonable expectation of success. The motivation for doing so would have been to determine when the engine speed is meeting a load command, based on the throttle command, to ensure it is in a high-efficiency operating range, see Onimaru [0055].
With respect to claim 4, Kubo discloses a temperature detector to detect temperature (see at least [0038] “When the water temperature in the engine cooling water system 27 exceeds a predetermined temperature… both the water pump 34 and the water pump 37 are operated to switch to a so-called standard mode.”)
Kubo discloses a hybrid work machine including cooling devices that stop based on a load demand, but does not explicitly disclose a battery cooling device with a battery temperature sensor.
However, Onimaru teaches discloses a temperature detector to detect temperature of the battery, (see at least [0006] “a battery temperature detecting means for detecting the temperature of the battery”)
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cooling system of Kubo to include the battery cooling device disclosed in Onimaru, with reasonable expectation of success. The motivation for doing so would have been to regulate the temperature of the battery to an appropriate temperature in order for the battery to fully exhibit and maintain its performance, see Onimaru [0004].
With respect to claim 5, Kubo discloses a hybrid work machine including cooling devices that stop based on a load demand, but does not explicitly disclose a battery cooling device including an evaporator and compressor.
However, Onimaru teaches the cooling device includes:
an evaporator through which coolant to cool the battery flows; (see at least [0006] “a refrigeration cycle for returning the evaporated refrigerant of the cooler to the compressor”)
and a compressor to compress the coolant that has flown through the evaporator, and the compressor stops based on the operating state. (see at least [0006] “has a refrigeration cycle for returning the evaporated refrigerant of the cooler to the compressor again.” [0067] “If air conditioning is not required, the compressor motor 23 is turned off in step 240A.” [0033] “If air conditioning is not required… That is, as long as the battery temperature Tb is not lower than the lower limit temperature TbL”)
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cooling system of Kubo to include the battery cooling device disclosed in Onimaru, with reasonable expectation of success. The motivation for doing so would have been to determine when the engine speed is meeting a load command to ensure it is in a high-efficiency operating range, see Onimaru [0055].
With respect to claim 6, Kubo discloses the hydraulic driving device includes a hydraulic pump, (see at least [0003] “at least one hydraulic pump driven by the engine”)
and the working device includes: a boom swingably provided on the machine body; (see at least [0029] “The work machine 14 has a base end pivotally mounted on the vehicle body frame 13, a boom 16 capable of being raised and lowered by the boom cylinder 15”)
and a boom cylinder to be operated by hydraulic fluid delivered from the hydraulic pump to swing the boom. (see at least [0029] “a boom 16 capable of being raised and lowered by the boom cylinder 15” [0003] “a hydraulic cylinder for booms and arms for driving the boom”)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Watanabe et al. (US 2021/0062467 A1) discloses a hybrid work machine with a cooling device stopping process.
Katanoda (JP 2018-007314 A) discloses an electric vehicle battery cooling device is controlled based on temperature an whether the vehicle is traveling.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHELLEY MARIE OSTERHOUT whose telephone nu]mber is (703)756-1595. The examiner can normally be reached Mon to Fri 8:30 AM - 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Navid Mehdizadeh can be reached on (571) 272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.O./Examiner, Art Unit 3669
/NAVID Z. MEHDIZADEH/ Supervisory Patent Examiner, Art Unit 3669
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