DETAILED ACTION
The present application, filed on 07/03/2025, is being examined under the first inventor to file provisions of the AIA .
The following is a Non-Final Office Action on the merits in response to applicant’s filing from 07/03/2025.
Claims 1-23 are pending and have been considered below.
Priority
The application claims foreign priority to CN2022/11496719, filed on 11/24/2022; and is a continuation of US 18/517,789, filed on 11/22/2023. The priority is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/03/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 2, 4, 5, 8 and 9 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 3, 4, 7 and 8, respectively, of prior U.S. Patent No. 12,371,086. This is a statutory double patenting rejection.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claims because the examined application claim is either anticipated by, or would have been obvious over, the reference claims. See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, respectively, of U.S. Patent No. 12,371,086. Although the claims at issue are not identical, they are not patentably distinct from each other because the entire scope of claims 1, 3, 6-7 and 10-23 of the present application is present in claims 1, 2, 5-6, and 9-22, respectively, of U.S. Patent No. 12,371,086.
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.
Claims 1-7, 10-15, and 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 2021/0039703) in view of Mori (US 2005/0029871).
Regarding claim 1, Kato discloses a movable vehicle {2}, the movable vehicle {2 (4)} comprising a carrying mechanism {10}, wherein a bottom of the carrying mechanism {10} is equipped with wheels {12, 14}; a holding mechanism {6} connected to the carrying mechanism {10}; a power supply unit {8 (112)}; a controller {108: “The motor 150 is supplied with power from the battery packs 112. Operation of the motor 150 is controlled by the control board 108” [0164]} configured to be electrically connectable to the power supply unit {8 (112)}; and a starting mechanism {Figs. 12-15} arranged on the holding mechanism {6 (via 34 [0110-0111])}, the starting mechanism {Figs. 12-15} comprising a starting unit {126 [0148]} configured to be movable between an initial position {detached position [0148]} and a start position {attached position [0148]}; wherein when the starting unit {126} is in the start position {attached position [0148]}, the starting unit {126} is coupled to the controller {108} to activate an electrical connection between the controller {108} and the power supply unit {8 (112): “Supply of electric power from the battery packs 112 to the motor 150 is allowed when the key 126 is attached to the key attachment 128” [0148]}, and when the starting unit {126} is in the initial position {detached position [0148]}, the starting unit {126} is decoupled from the controller {108: “Supply of electric power from the battery packs 112 to the motor 150 (which will be described later) is cut off when the key 126 is removed from the key attachment 128” [0148]}.
However, Kato does not explicitly disclose the entire starting unit is irremovably arranged on the holding mechanism in both the initial position and the start position.
Mori teaches a starting mechanism {5: “engine start/stop control system 5” [0072]} arranged on a holding mechanism {2 (Fig. 5)}, the starting mechanism {5} comprising a starting unit {3+19+20+40a (Figs. 3 and 5-6): “when the operation knob 40a of the multifunction switch 40 is turned, the power supply control unit 15 starts unlocking of the steering shaft 3, and at the same time, switches the power supply mode from the power OFF mode to the ACC system power supply mode or the IG-ON system power supply mode. In other words, the power supply control unit 15 executes the switch control and the unlock control in parallel” [0069]} configured to be movable between an initial position {any position of 40a associated with the “Power OFF mode” (Figs. 3A, 6D-E): “If the driver pushes the operation knob 40a without depressing the brake pedal when the power supply mode has been switched to the ACC system power supply mode or to the IG-ON system power supply mode, the engine start controller 41 switches the power supply mode to the power OFF mode as shown in step J17” [0078]; “If the driver pushes the operation knob 40a when the engine is running, as shown in step J16, the power supply control unit 15 of the engine start controller 41 stops the engine and switches the power supply mode to the power OFF mode shown in step J17” [0080]} and a start position {any position of 40a associated with “the ACC system power supply mode” or “the IG-ON system power supply mode” (Figs. 3B, 6A-D): “When the driver turns the operation knob 40a in the direction of arrow U1 in step J17, the engine start controller 41 switches the power supply mode to the ACC system power supply mode. When the driver turns the operation knob 40a in the direction of arrow U2, the power supply control unit 15 of the engine start controller 41 switches the power supply mode to the IG-ON system power supply mode” [0078]; “In step J10 (power OFF mode), when the driver depresses the brake pedal and pushes the operation knob 40a as shown in FIGS. 6E and 6F, the engine start controller 41 unlocks the steering shaft 3. Afterwards, the engine start controller 41 starts the engine. In this state, the operation knob 40a is forced into the switch body 40b as indicated by a broken line in FIG. 6F. When the driver releases the operation knob 40a, the operation knob 40a is projected from the switch body 40b and returned to the position it was located prior to being pushed” [0079]; “In the same manner, when the driver depresses the brake pedal and pushes the operation knob 40a in step J17 (power OFF mode), the engine is started” [0080]}, wherein the entire starting unit {3+19+20+40a (Figs. 5-6E)} is irremovably arranged on the holding mechanism {2} in both the initial position {power OFF position (Figs. 3A, 6D-E); i.e. position of 40a where switches 19 and 20 are both off (Fig. 5)} and the start position {ACC or IG on positions of 40a (Figs. 3B, 6A-D); i.e. position where switch 19 or 20 is on (Fig. 5)}; wherein when the starting unit {3+19+20+40a} is in the start position {ACC or IG on positions (Figs. 3B, 5-6D)}, the starting unit {3+19+20+40a} is coupled to the controller {41: ACC or IG circuits are coupled with 41 when their switches are on (Fig. 5)} to activate an electrical connection between the controller {41} and the power supply unit {15 (Figs. 5-6D): “When the driver turns the operation knob 40a in the direction of arrow U1 in step J17, the engine start controller 41 switches the power supply mode to the ACC system power supply mode. When the driver turns the operation knob 40a in the direction of arrow U2, the power supply control unit 15 of the engine start controller 41 switches the power supply mode to the IG-ON system power supply mode” [0078]}, and when the starting unit {3+19+20+40a} is in the initial position {“Power OFF mode” position [0078-0080]; associated with switch 19 and 20 both being off as shown in Fig. 5 [0035]}, the starting unit {3+19+20+40a (specifically 19 and 20)} is decoupled from the controller {41 (see Fig. 5 how switches 19 and 20 are decoupled from 41 when open and off, and coupled with 41 when closed and on): “If the driver pushes the operation knob 40a when the engine is running, as shown in step J16, the power supply control unit 15 of the engine start controller 41 stops the engine and switches the power supply mode to the power OFF mode shown in step J17” [0080]}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the movable vehicle, as disclosed by Kato, to replace the key based starting mechanism and unit of Kato with the knob based starting mechanism and unit of Mori (where knob 40a of Mori now protrudes outwardly in the exact place as 126+128 in Fig. 15 of Kato), such that the entire starting unit is irremovably arranged on the holding mechanism in both the initial position and the start position, so that “the driver does not need to pay attention to the order in which the power supply modes are switched. This improves the convenience of the engine start controller” [0082].
Regarding claim 2, Kato and Mori disclose all the aspects of claim 1. Kato and Mori further disclose the starting mechanism {5 (as modified by Mori in the claim 1 rejection)} further comprising a locking portion {31 (Fig. 5)}, the locking portion {31} having a lock position {Fig. 3A} and an unlock position {Fig. 3B} and being configured to, when in the lock position {Fig. 3A}, lock the starting unit {3+19+20+40a} in the initial position {“Power OFF mode” position: “when the operation knob 40a of the multifunction switch 40 is turned, the power supply control unit 15 starts unlocking of the steering shaft 3, and at the same time, switches the power supply mode from the power OFF mode to the ACC system power supply mode or the IG-ON system power supply mode. In other words, the power supply control unit 15 executes the switch control and the unlock control in parallel” [0069]}.
Regarding claim 3, Kato and Mori disclose all the aspects of claim 1. Kato and Mori further disclose the starting unit {3+19+20+40a (as modified by Mori in the claim 1 rejection)} is configured as a knob {40a} rotatably arranged on the holding mechanism {2 (40b)}, the knob {40a} being configured to be rotatable between the start position {ACC or IG on positions of 40a (Figs. 3B, 6A-D); i.e. position where switch 19 or 20 is on (Fig. 5)} and the initial position {power OFF position (Figs. 3A, 6D-E); i.e. position of 40a where switches 19 and 20 are both off (Fig. 5)}.
Regarding claim 4, Kato and Mori disclose all the aspects of claim 2. Kato and Mori further disclose the locking portion {31 (as modified by Mori in the claim 2 rejection)} is configured as a locking rod {34 (Figs. 3A-B)} and that the locking rod {34} is provided with a protrusion {bottom portion of 34 (Figs. 3A-B)} and the starting unit {3+19+20+40a} is provided with a recess {3a} that fits the protrusion {3a}, the protrusion {bottom portion of 34} being removably coupled in the recess {3a (Figs. 3A-B)}.
Regarding claim 5, Kato and Mori disclose all the aspects of claim 4. Kato and Mori further disclose the locking rod {34 (as modified by Mori in the claim 3 rejection)} is pivotally connected to the holding mechanism {2 (Figs. 3A-B and 5)} around a pivot shaft {shaft between 33+35: “The motor 33 is controlled by the lock control unit 16, and driven in response to a drive signal provided from the lock control unit 16. A worm gear 35, which is attached to a rotary shaft of the motor 33, rotates integrally with the rotary shaft. A rotatable spur gear 36 meshes with the worm gear 35” [0047]} and a pressing portion {34b} is arranged on the locking rod {34 (Figs. 3A-B)}, the pressing portion {34b} being opposite the protrusion {bottom portion of 34 (Figs. 3A-B)} on both sides relative to the pivot shaft {shaft between 33+35}.
Regarding claim 6, Kato and Mori disclose all the aspects of claim 1. Kato further discloses the movable vehicle further comprising an electric motor {150 [0106]} and a driving unit {152 [0150]} connected to the electric motor {150 [0150]}, wherein the electric motor {150} drives a wheel axle {160 (hidden by case 162 in Fig. 17)), 166 (hidden by case 168 in Fig. 17)} of the wheels {12, 14} through the driving unit {152 (Fig. 17)}.
Regarding claim 7, Kato and Mori disclose all the aspects of claim 1. Kato further discloses the movable vehicle further comprising a clutch mechanism {206 [0165]} arranged on the carrying mechanism {10}, and in that the clutch mechanism {206} is configured to cause the driving unit {152} to be selectively coupled {rotationally coupled: “In this case, the differential mechanism 208 rotates the right drive shaft 160 and the left drive shaft 166 according to the power transmitted to the ring gear 208a” [0171]} to or decoupled {rotationally decoupled: “when one of the right drive shaft 160 and the left drive shaft 166 rotates, the differential mechanism 208 rotates the other of the right drive shaft 160 and the left drive shaft 166 at the same rotational speed in the opposite direction” [0170]} from the wheel axle {160, 166} of the wheels {12, 14}.
Regarding claim 10, Kato and Mori disclose all the aspects of claim 1. Kato further discloses the carrying mechanism {10} comprises a first frame portion {404+408 (416, 418, 420, 422, 424, 426, 428, 430, 432, 434, 436, Figs. 45-48); 504 (Figs. 49-50)} and a second frame portion {412 (438, 440, 442, 444, 446, Figs. 45-48); 508 (Figs. 49-50)}, the first frame portion {404+408 [0213-0214]; 504} being connected to the second frame portion {412 [0215]; 508}, the first frame portion {404+408; 504} being pivotable relative to the second frame portion {412; 508} between an initial position {Fig. 45; Fig. 49} and a lifted position {Fig. 48; Fig. 50}, wherein the carrying mechanism {10} further comprises a support device {406+410; 506}, wherein a first end {left end of 406+410 (Fig. 48); right end of 506 (Fig. 50)} of the support device {406+410; 506} is connected to the first frame portion {404+408; 504} and a second end {right end of 406+410 (Fig. 48); left end of 506 (Fig. 50)} thereof is connected to the second frame portion {412; 508}, and the support device {406+410 [0217]; 506} is configured to support the first frame portion {404+408; 504} when the first frame portion {404+408; 504} is in the lifted position {Figs. 46-48; Fig. 50}, thereby keeping the first frame portion {404+408; 504} in the lifted position {Fig. 48; Fig. 50}.
Regarding claim 11, Kato and Mori disclose all the aspects of claim 10. Kato further discloses the holding mechanism {6} is connected to one end {left end (Fig. 47)} of the second frame portion {412}, the first frame portion {404+408} is pivotally connected to the second frame portion {412} around a first pivot shaft {406 [0216]}, and the first pivot shaft {406 (Fig. Fig. 48)} is connected to the other end {right end (Fig. 47)} of the second frame portion {412} away from the holding mechanism {6}.
Regarding claim 12, Kato and Mori disclose all the aspects of claim 11. Kato further discloses the second frame portion {412} comprises a second distal bracket {442 [0215]}, the second distal bracket {442} being arranged at one end of the second frame portion {412} away from the holding mechanism {6}, the first frame portion {404+408} comprises a first distal bracket {418 [0213]}, the first distal bracket {418} being arranged at one end of the first frame portion {404+408} away from the holding mechanism {6}, and the first distal bracket {418} is further away from the holding mechanism {6} than the second distal bracket {442 (Fig. 47)}.
Regarding claim 13, Kato and Mori disclose all the aspects of claim 12. Kato further discloses the first frame portion {404+408} further comprises a first extension frame {422, 430 (Fig. 48)} and a second extension frame {422, 428 (Fig. 48)} arranged to be substantially parallel to the first extension frame {422, 430}, the first distal bracket {418} is connected {via 416 [0213]} to the ends of the first extension frame {422, 430} and the second extension frame {422, 428}, the first frame portion {404+408} further comprises an intermediate bracket {408 (432)} connected between the first extension frame {422, 430} and the second extension frame {422, 428 (Fig. 48)}, and the intermediate bracket {408 (432)} is arranged to be substantially parallel to the first distal bracket {418}.
Regarding claim 14, Kato and Mori disclose all the aspects of claim 13. Kato further discloses a first end {left end (Fig. 48)} of the support device {410} is connected to the intermediate bracket {408 (432)} and a second end {right end (Fig. 48)} thereof is connected {via 412 (438, 440, 446)} to the second distal bracket {442}.
Regarding claim 15, Kato and Mori disclose all the aspects of claim 14. Kato further discloses the support device {410} comprises a mounting base {edge brackets connecting 446 to 438 and 440 in Fig. 48}, the mounting base {446 end brackets (Fig. 48)} being fixedly connected {via 438, 440} to the second distal bracket {442 [0215]}, a second pivot shaft {446} being arranged on the mounting base {end brackets (Fig. 48)}
Regarding claim 20, Kato and Mori disclose all the aspects of claim 10. Kato further discloses the carrying mechanism {10} further comprises a buckle device {520+532 [0220]}, the buckle device {520+532 (Fig. 50)} comprising a buckle groove {520} and a buckle {532} that fits the buckle groove {520}, and the buckle groove {520} is connected to the first frame portion {504}, and the buckle {532} is connected to the second frame portion {508 (Fig. 50): “The fixed support base 508 includes… a latch receiver 532… The latch receiver 532 is fixed at the vicinity of a center of the rear plate 528. The latch receiver 532 is disposed at a position corresponding to the latch mechanism 520 of the movable support base 504. When the movable support base 504 is tilted relative to the fixed support base 508 in a direction that brings a rear end of the movable support base 504 close to a rear end of the fixed support base 508, the latch mechanism 520 engages with the latch receiver 532. The latch mechanism 520 includes an unlatch knob 520a. The latch mechanism 520 is disengaged from the latch receiver 532 by the user operating the unlatch knob 520a when the latch mechanism 520 is engaged with the latch receiver 532” [0220]}.
Regarding claim 21, Kato and Mori disclose all the aspects of claim 20. Kato further discloses the buckle device {520+532} further comprises a main body portion {532 (Fig. 50)}, the main body portion {532} being pivotally connected to the first frame portion {504 (when 504 pivots it connects or disconnects with 532)}, the buckle groove {520} being connected to the main body portion {532 (when 520 and 532 are engaged, as in Fig. 49): “When the movable support base 504 is tilted relative to the fixed support base 508 in a direction that brings a rear end of the movable support base 504 close to a rear end of the fixed support base 508, the latch mechanism 520 engages with the latch receiver 532” [0220]; “the user operates the unlatch knob 520a to disengage the latch mechanism 520 from the latch receiver 532 in the state shown in FIG. 49 and further pivots the handle 518 in forward, the movable support base 504 becomes tilted relative to the fixed support base 508 as shown in FIG. 50” [0222]}.
Regarding claim 22, Kato and Mori disclose all the aspects of claim 10. Kato further discloses when the first frame portion {404+408; 504} is in the initial position, the first frame portion {404+408; 504} is arranged to be substantially parallel to or in one plane with the second frame portion {412 (Fig. 45); 508 (Fig. 49)}, and when the first frame portion {404; 504} is in the lifted position, the first frame portion {404+408; 504} is arranged substantially perpendicular to the second frame portion {412 (Fig. 48); 508 (Fig. 50)}.
Regarding claim 23, Kato and Mori disclose all the aspects of claim 1. Kato and Mori further disclose the starting unit {3+19+20+40 (as modified by Mori in the claim 1 rejection)} comprises a body {40a} and a first connecting member {40b}; the controller {41} is provided with a second connecting member {15 (Fig. 5)}; and when the starting unit {3+19+20+40} is in the start position {when the starting unit is in any position}, the first connecting member {40b (40)} and the second connecting member {15} are coupled together {Fig. 5: “The multifunction switch 40 is electrically connected to the power supply control unit 15” [0064]}, wherein the first connecting member {40b} is integrally formed on the body {40a (Figs. 6A-D)}.
Conclusion
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/Daniel M. Keck/Patent Examiner, Art Unit 3614