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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “164” has been used to designate both the body of the lift assembly (Figs. 6 and 7) and the body of the vehicle (Fig. 21). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “light projector coupled to a dynamic component of the refuse vehicle and positioned to emit a light onto the support surface to define a target area in both a first position of the dynamic component and a second position of the dynamic component” and “the light projector is coupled to the lift assembly and configured to adjust emission of the light to define the target area in both the first position of the lift assembly and the second position of the lift assembly” and “a light projector coupled to a dynamic component of the refuse vehicle and positioned to emit a light onto the support surface to illuminate at least a portion of the target area in both a first position of the dynamic component and a second position of the dynamic component” and “the light projector is coupled to the lift assembly and is configured to adjust emission of the light to define the target area in both the first position of the lift assembly and the second position of the lift assembly” and “a light projector coupled to a dynamic component of the vehicle the chassis and positioned to emit a light onto the support surface to define a warning area in both a first position of the dynamic component and a second position of the dynamic component” and “the light projector is coupled to the lift assembly and is configured to adjust emission of the light to define the warning area in both the first position of the lift assembly and the second position of the lift assembly” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-20 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.
Regarding claim 1, “a light projector coupled to a dynamic component of the refuse vehicle and positioned to emit a light onto the support surface to define a target area in both a first position of the dynamic component and a second position of the dynamic component”, 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.
Regarding claims 2 and 13, “the light projector is coupled to the lift assembly and configured to adjust emission of the light to define the target area in both the first position of the lift assembly and the second position of the lift assembly”, 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.
Regarding claim 11, “a light projector coupled to a dynamic component of the refuse vehicle and positioned to emit a light onto the support surface to illuminate at least a portion of the target area in both a first position of the dynamic component and a second position of the dynamic component”, 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.
Regarding claim 13, “the light projector is coupled to the lift assembly and is configured to adjust emission of the light to define the target area in both the first position of the lift assembly and the second position of the lift assembly”, 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.
Regarding claim 16, “a light projector coupled to a dynamic component of the vehicle the chassis and positioned to emit a light onto the support surface to define a warning area in both a first position of the dynamic component and a second position of the dynamic component”, 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.
Regarding claim 17, “the light projector is coupled to the lift assembly and is configured to adjust emission of the light to define the warning area in both the first position of the lift assembly and the second position of the lift assembly”, 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-17, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koga et al (US Pub App 2021/0323763).
Regarding claim 1, Koga discloses a refuse vehicle comprising:
a chassis (24);
a tractive element (26) coupled to the chassis and configured to engage a support surface to support the refuse vehicle;
a refuse compartment (22) coupled to the chassis;
a lift assembly (36) coupled to the chassis and configured to lift a refuse container to transfer refuse from the refuse container into the refuse compartment (Para.26-29); and
a light projector (60, 62, 64) coupled to a dynamic component of the refuse vehicle (322, 324, Para.48, Fig.17) and positioned to emit a light onto the support surface to define a target area in both a first position of the dynamic component and a second position of the dynamic component (upon movement), wherein the target area represents a range of positions within which the lift assembly is capable of engaging the refuse container (Para.33).
Regarding claim 2, Koga further discloses the light from the light projector defines at least one boundary of the target area (Para.38), and wherein the light projector is coupled to the lift assembly and configured to adjust emission of the light to define the target area in both the first position of the lift assembly and the second position of the lift assembly (upon movement of 322, 324, Para.48, Fig.17).
Regarding claim 3, Koga further discloses the light from the light projector extends within the target area (Para.38).
Regarding claim 4, Koga further discloses a sensor that detects a position of the refuse container relative to the target area and a first controller that varies a parameter of the light based on a sensor data (Para.36).
Regarding claim 5, Koga further discloses the parameter of the light is a wavelength of the light (Para.33).
Regarding claim 6, Koga further discloses the parameter of the light can be set at least to a first value, a second value, and a third value (Para.34).
Regarding claim 7, Koga further discloses the first controller is configured to set the parameter of the light to: the first value when the refuse container is positioned outside of the target area; the second value when the refuse container is partially within the target area; and the third value when the refuse container is within the target area (Para.34 and Fig.7-10).
Regarding claim 8, Koga further discloses the refuse vehicle is a front-loading refuse vehicle, and the lift assembly includes a fork (324) that engages the refuse container (Para.47).
Regarding claim 9, Koga further discloses the refuse vehicle is a side-loading refuse vehicle, and the lift assembly includes a grabber that engages the refuse container (Para.27).
Regarding claim 10, Koga further discloses a camera (76) showing the target area, a display, and a second controller operatively coupled to the display and the camera and configured to display on the display an image data received from the camera with a visual indicator showing the target area (Para.35-36).
Regarding claim 11, Koga discloses a refuse vehicle comprising:
a chassis (24);
a tractive element (26) coupled to the chassis and configured to engage a support surface to support the refuse vehicle;
a refuse compartment (22) coupled to the chassis;
a lift assembly (36) coupled to the chassis and configured to lift a refuse container to transfer refuse from the refuse container into the refuse compartment, the lift assembly having a target area within which the lift assembly is capable of engaging the refuse container (Para.26-29);
a light projector (60, 62, 64) coupled to a dynamic component of the refuse vehicle (322, 324, Para.48, Fig.17) and positioned to emit a light onto the support surface to illuminate at least a portion of the target area in both a first position of the dynamic component and a second position of the dynamic component (upon movement);
a display (74);
a camera (76) coupled to the chassis and configured to provide an image data representing at least a portion of the target area; and a controller operatively coupled to the display and the camera and configured to receive the image data from the camera and to display the image data and an overlay representing the target area on the display (Para.35-36).
Regarding claim 12, Koga further discloses the controller is configured to display the image data (Para.38) and the overlay representing the target area upon the refuse vehicle falling below a threshold speed (Para.41-42).
Regarding claim 13, Koga further discloses wherein the light projector is coupled to the lift assembly and configured to adjust emission of the light to define the target area in both the first position of the lift assembly and the second position of the lift assembly (upon movement of 322, 324, Para.48, Fig.17).
Regarding claim 14, Koga further discloses a wavelength of the light is outside a visible spectrum (Para.33).
Regarding claim 15, Koga further discloses the camera is configured to detect the wavelength and the controller is configured to display the light onto the display such that an operator of the refuse vehicle can view the light (Para.38)
Regarding claim 16, Koga discloses a vehicle, comprising:
a chassis (24);
a tractive element (26) coupled to the chassis and configured to engage a support surface to support the vehicle;
a body coupled to the chassis (Fig.11);
an implement (36) coupled to the chassis;
an actuator (40) coupled to the implement and configured to move the implement between an extended position and a retracted position, the implement extending farther from the body in the extended position than in the retracted position (Para.31); and
a light projector (60, 62, 64) coupled to a dynamic component of the vehicle (322, 324, Para.48, Fig.17) the chassis and positioned to emit a light onto the support surface to define a warning area in both a first position of the dynamic component and a second position of the dynamic component (upon movement), the warning area being positioned below the implement in the extended position (Para.33).
Regarding claim 17, Koga further discloses the vehicle is a refuse vehicle and the implement is a lift assembly (36) and wherein the light projector is coupled to the lift assembly and is configured to adjust emission of the light to define the warning area in both the first position of the lift assembly and the second position of the lift assembly (upon movement of 322, 324, Para.48, Fig.17).
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 of this title, 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.
Claim 18 rejected under 35 U.S.C. 103 as being unpatentable over Koga et al (US Pub App 2021/0323763) in view of Rocholl et al (US 11,434,681).
Regarding claim 18, Koga further discloses the vehicle is a refuse vehicle (Abstract).
Koga does not further specifically disclose the implement is a tailgate.
Rocholl teaches an electric tailgate for a refuse vehicle wherein a lift implement is a tailgate (Fig.2).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Koga in view of Rocholl to include a tailgate in order to allow better access to the compartment.
Claim 19 rejected under 35 U.S.C. 103 as being unpatentable over Koga et al (US Pub App 2021/0323763) in view of Pillar et al (US Pub App 2005/0234622).
Regarding claim 19, Koga does not further specifically disclose the vehicle is at least one of a firetruck or a lift device, and the implement is an outrigger.
Pillar teaches an electronic control system for a fire truck wherein outriggers are provided (Para.320).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Koga in view of Pillar to include outriggers in order to provide further stabilization.
Claim 20 rejected under 35 U.S.C. 103 as being unpatentable over Koga et al (US Pub App 2021/0323763) in view of Schreiber et al (US 9,992,465).
Regarding claim 20, Koga does not further specifically disclose the light to form text on the support surface.
Schreiber teaches a vehicular navigation system utilizing a projection device wherein one or more display characteristics may include one or more of: a projection angle, a projection orientation, a projection position, and a text attribute. In this regard, the method may further include: estimating a point of view of the user based on the detected position of the user; determining an orientation of the image which corresponds to the estimated point of view of the user; and projecting the image with the determined orientation. Also, the method may further include: changing the one or more display characteristics of the projected image in response to a change of the detected position of the user (Col.2, lines 43+).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Koga in view of Schreiber to allow for the light forms text on the support surface in order to further assist the user.
Response to Arguments
Applicant’s arguments, filed 9/12/2025, with respect to the 112 rejections, together with the amendment filed 9/12/2025, have been fully considered and are persuasive. The 112 rejections have been withdrawn.
The amendment filed 9/12/2025 has introduced new 112 rejections of the claims, see above.
Applicant's arguments filed 9/12/2025 with respect to the 102 and 103 rejections of the claims have been considered but are moot because the arguments do not apply based on the new grounds of rejection and new interpretation of the references being used in the current rejection, necessitated by amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ASHLEY K ROMANO whose telephone number is (571)272-9318. The examiner can normally be reached Monday - Friday.
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, Saul Rodriguez can be reached on 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
/ASHLEY K ROMANO/Examiner, Art Unit 3652