IPC/D 035/01 ANNEX 6
United States Patent and Trademark Office
Project: D035 Subclass – B60V Date: March 5, 2003
RAPPORTEUR REPORT
Rapporteur has placed the modified definition into the new format based on the finally approved “Guidelines for Drafting Classification Definitions” in IPC/WG/8/8, Annex F. DE (Annex 5), EP (Annex 2), JP (Annex 4), and RO (Annex 3), have made comments on the initial proposal (Annex 1) on the subclass definition for B60V. Summary of Comments DE, EP, RO, and indirectly US all had no significant remaining issues with regard to the definition statement and relationship between large subject matter areas. The only remaining issue for these Offices was what subclasses should be in the limiting reference area, the informative reference area, or have their references deleted (not useful type). Rapporteur will review the need for particular references at the end of this report. JP‟s comments bring up some interesting issues that must be addressed in the definition of B60V and in the note of Class B60. JP points out that the note of subclass B60V requires that the subclass take “all vehicles” supported at least in part by a cushion of air or other gaseous fluid. JP thinks that the four types of vehicles in the original definition statement should be only examples for the definition statement and not limits of the definition statement. Rapporteur agrees with JP‟s view in part, but not completely. The terminology “all vehicles” must be read within the existing limitations of this terminology‟s meaning in class B60 as defined by its note. This note states the following:
In this class, the following term is used with the meaning indicated: “Vehicle” means all vehicles except those restricted to one of the following types of vehicles: rail vehicles, waterborne vessels, aircraft, space vehicles, hand carts, cycles, animal-drawn vehicles, and sledges, which are covered by the relevant subclasses of B61 to B64. Thus the term “vehicle” includes: vehicular characteristics which are common to more than one of the above-listed types; certain characteristics restricted to automobiles, road or cross-country trailers.
IPC/D 035/01 Annex 6, page 2
The following exceptions to the above should be noted: (a) subclass B60B or B60C embrace all vehicle wheels and tyres, except wheels for roller skates A63C 17/22, wheels for model railway vehicles A63H 19/22, and special adaptations of wheels or tyres for aircraft B64C 25/36; (b) subclass B60C embraces the connection of valves to inflatable elastic bodies in general, and in this respect it is not limited to vehicles; (c) subclass B60L embraces certain electric equipment of all electrically-propelled vehicles; (d) subclass B60M embraces certain power supply equipment for, but external to, any kind of electrically-propelled vehicle; (e) subclass B60R embraces safety belts or body harnesses used in all types of land vehicles; (f) subclass B60S relates to all kinds of vehicles, except the servicing of rail locomotives B61K 11/00, ground equipment for aircraft B64F, or cleaning apparatus peculiar to waterborne vessels B63B 57/00, B63B 59/00; (g) subclass B60T includes brake control systems of general applicability, and in this respect it is not limited to vehicles. It also includes rail-vehicle power-brake systems and some other features of rail-vehicle brake systems.
Based on this note the terminology “all vehicles” would be much narrower than the art covered by main group 3/00, since air-cushion generating devices cannot always be viewed as a mere common “vehicular characteristic” of these excluded vehicles. It is the primary distinguishing characteristic of vehicles such as hovercraft as much as rails or floating are for their vehicles. Rapporteur suggests that a new section “(h)” be added to the note of B60 stating “(h) subclass B60V embraces air-cushion vehicles and also land vehicles, waterborne vessels, and aircraft combined with features allowing them to alternatively operate as air-cushion vehicles”. Rapporteur has modified the definition statement to show this interpretation of “all vehicles” and has added a new section that covers the art of group 3/04. This makes it absolutely clear to classifiers where the combination vehicles are properly classified. JP is also concerned with the requirement that the “supplying or generating means of gaseous fluid” is required to be supported by the vehicle. While Rapporteur understands JP‟s concern, this requirement cannot be entirely dropped without opening a Pandora‟s box of problems with other subclasses. If an external source of fluid can be the sole source of fluid for the cushion, then both B65G 7/06 and parts of B61B 13/00 would have extensive overlap with B60V. Rapporteur has removed the requirement that the “supplying or generating means” be entirely supported by the vehicle. This would allow the subclass to provide for trough-type air supported vehicles that have both an internal and external source of air supply. To help avoid conflict with B65G 7/06, Rapporteur has added another section to the definition statement of B60V requiring that vehicles be capable of traveling significant distances. JP does not think that the making of „hovercraft‟ is covered by other subclasses. Rapporteur has added a section to the definition statement to cover the making of vehicles “exclusively” supported by an air-cushion means. In view of the above changes and comments by other Offices, Rapporteur recommends that the following references be used in B60V: 1. Adding an informative reference to A01D 34/695 since it does not pass the limitation requiring transport of people or goods, but is related to B60V structurally.
IPC/D 035/01 Annex 6, page 3
2. Making the references to B62D, B63B, and B64F informative since the making of combination vehicles is now clearly excluded from B60V, but they may include steps of interest to the methods now clearly in B60V. 3. Deleting the references to B05D and B64C. 4. Making the references to B61B informative since its vehicles that are supported by an external fluid source are now positively excluded from the definition of B60V and are merely of interest. 5. Making the reference to B63B limiting since it includes generating a film of air. 6. Making the reference to B65G informative since it does not pass the limitation requiring transport of people or goods over a significant distance and is only of interest for art related structurally to the B60V.