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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 21, 2026 has been entered.
Response to Amendment
This office action is in response to the amendments filed September 21, 2026. Claims are 1, 16, and 20 are amended. Claims 1-20 are pending and addressed below.
Response to Arguments
Applicant’s arguments with respect to claims 1-15 and 17-19 have been fully considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant’s arguments are only directed to the claim amendments, which add new limitations to the claims and are addressed below by the addition of US20130302119A1 (Steege) and “McNeilus ZR Full-Eject Automated Side Loader” to the prior art rejection below.
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.
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.
Claims 1-11, 14-15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over US20220106115A1 (Buege) in view of US20130302119A1 (Steege).
Regarding claim 1, Buege discloses a refuse vehicle, comprising:
a chassis;
[0031] of Buege, “As shown in FIG. 1, refuse vehicle 10 includes a chassis, shown as frame 12; a body assembly, shown as body 14, coupled to frame 12 (e.g., at a rear end thereof, etc.); and a cab, shown as cab 16, coupled to frame 12 (e.g., at a front end thereof, etc.).”
a body coupled to the chassis and configured to store a volume of refuse;
[0031] of Buege, “As shown in FIG. 1, refuse vehicle 10 includes a chassis, shown as frame 12; a body assembly, shown as body 14, coupled to frame 12 (e.g., at a rear end thereof, etc.); and a cab, shown as cab 16, coupled to frame 12 (e.g., at a front end thereof, etc.).”
a lift assembly including:
[0033] of Buege, “As shown in FIG. 1, refuse vehicle 10 includes first lift mechanism/system (e.g., a front-loading lift assembly, etc.), shown as lift assembly 100.”
a track coupled to the chassis;
See Fig. 2 of Buege, where track 20 is coupled to the chassis (frame 12) by reach assembly 800.
a track actuator configured to move the track relative to the chassis between an extended position and a retracted position;
See [0055] and Fig. 13 of Buege. Buege discloses a track actuator ([0029], “reach assembly can include a telescoping member (or multiple telescoping members) that are driven to extend or retract by one or more electric motors.”) configured to move the track (“inner member 804 is configured to translate relative to the outer member 802 to extend or retract reach assembly 800, thereby translating track 20 (and carrier 26 and grabber assembly 42 outwards).”) to the chassis between an extended position and a retracted position (see Fig. 13, where distance 806 shows an extended position and and Fig. 14 shows a retracted position).
a track position sensor configured to provide track position data indicating a position of the track relative to the chassis;
[0062] of Buege, “In some embodiments, the controller is also configured to receive sensor signals from the sensor to identify and track a current position of lower portion 902 relative to upper portion 904 (e.g., to monitor a current degree of extension of inner member 804 relative to outer member 802).” See also Fig. 13.
a grabber coupled to the track and configured to engage a refuse container;
See Fig. 3 of Buege, where grabber 46 is shown to be coupled to the track 20 by carrier 26.
a lift actuator configured to move the grabber relative to the track between a refuse container receiving position and a dumping position; and
Buege discloses in a lift actuator ([0038], electric lift motors 702) configured to move the grabber ([0038], grabber assembly 42) relative to the track between a refuse container receiving position and a dumping position ([0038], “Carrier 26 is configured to translate along straight portion 27 and curved portion 29 of track 20 to lift and dump contents of a refuse bin grasped by grabber assembly 42 or releasably secured with grabber assembly 42.”, where lifting and dumping starts from a refuse container receiving position and ends at a dumping position).
a grabber position sensor configured to provide grabber position data indicating a position of the grabber relative to the track; and
[0084] of Buege, “The controller can use the sensor signal to determine a current position of grabber assembly 42 and/or carrier 26 along track 20 (or to determine a current degree of extension of reach assembly 800).”
a controller operatively coupled to the track position sensor and the grabber position sensor and configured to:
receive track position data from the track position sensor,
[0062] of Buege, “In some embodiments, the sensor is an extension sensor, a distance sensor, a feedback sensor on the electric linear motor or the electric motor, etc. in some embodiments, the brake is transitioned into and out of the activated state by a controller. In some embodiments, the controller is also configured to receive sensor signals from the sensor to identify and track a current position of lower portion 902 relative to upper portion 904 (e.g., to monitor a current degree of extension of inner member 804 relative to outer member 802).”
receive grabber position data from the grabber position sensor; and
[0084] of Buege, “The controller can use the sensor signal to determine a current position of grabber assembly 42 and/or carrier 26 along track 20 (or to determine a current degree of extension of reach assembly 800).”
vary a speed of at least one of
(b) the lift actuator between a third non-zero speed and a fourth non-zero speed based on the grabber position data when the grabber position data indicates that the grabber has reached a grabber position threshold that is between the refuse container receiving position and the dumping position.
While Buege does disclose varying a speed of at least one of the lift actuator between a third non-zero speed and a fourth non-zero speed based on the grabber position data (see [0034] of Buege regarding the grabber assembly 42 reaching the end of track 20, where a lift actuator varies between a third non-zero speed and a fourth non-zero speed as it approaches stationary as it approaches the dumping position at the end of the track), Buege does not disclose position data indicating that the grabber has reached a grabber position threshold that is between the refuse container receiving position and the dumping position.
From a similar field of endeavor, Steege discloses a system of utilizing proximity sensors to detect a near-the-end status of the grippers approaching the top of a lifting and dumping apparatus for reducing hard impacts that may affect the lifespan of the apparatus (see at least Fig. 2 and [0016] of Steege).
One of ordinary skill in the art would find it obvious, prior to the applicant’s effective filing date, to combine the thresholding used by Steege to the system of Buege as Buege discloses sensors configured to determine a current position of the grabber assembly 42 along track 20 (Buege, [0084]), where the system of Steege would provide a method of minimizing damage to active components.
Regarding claim 2, with all of the limitations of claim 1, the refuse vehicle further comprises:
wherein the controller is configured to vary a speed of the lift actuator based on the grabber position data.
[0052] of Buege, “In some embodiments, the brake is activated in response to receiving control signals from a controller. The brakes can be activated to lock carrier 26 and grabber assembly 42 at a current position along track 20.”, where the controller is also configured to receive sensor data of the grabber position (Buege, [0084]).
Regarding claim 3, with all of the limitations of claim 2, the refuse vehicle further comprises:
wherein the controller is configured to reduce the speed of the lift actuator in response to a determination based on the grabber position data that the grabber has reached a threshold position along the track.
In view of the rationale of claim 1, one of ordinary skill in the art would find it obvious that a system comprising a controller configured to vary a speed of the lift actuator based on the grabber position data would also be configured to reduce the speed of the lift actuator in response to a determination based on the grabber position data that the grabber has reached a threshold position along the track as continually speeding towards the threshold position without braking would cause structural damage to the track or the grabber assembly as the end of the track is reached.
Regarding claim 4, with all of the limitations of claim 3, the refuse vehicle further comprises:
wherein the grabber is movable along the track between a first end position and a second end position, the second end position being above the first end position,
See Figs. 3 and 5 of Buege. A first end position can be seen at the bottom of the straight portion 27 of track 20 while a second end position is shown at the right end of the curved portion 29 of track 20, where a grabber shown in Fig. 3 is movable along the track of Fig. 5 ([0036]).
wherein the controller is configured to reduce the speed of the lift actuator in response to a determination based on the grabber position data that both
(a) the grabber has reached the threshold position along the track and
(b) the grabber is moving toward the second end position.
In light of the rationale of claim 3, one of ordinary skill in the art would find it obvious that the configured controller is configured to perform the reduction in speed past a threshold position as it moves towards the first or second end positions as there are only two end positions to reach during motion of a lift actuator.
Regarding claim 5, with all of the limitations of claim 2, the refuse vehicle further comprises:
wherein the grabber is movable along the track between a first end position and a second end position, the second end position being above the first end position, and
See the citation to the first limitation of claim 4.
wherein the controller is configured to reduce the speed of the lift actuator in response to a determination based on the grabber position data that the grabber is moving toward the second end position.
See the rationale of claim 3.
Regarding claim 6, with all of the limitations of claim 1, the refuse vehicle further comprises:
wherein the controller is configured to vary a speed of the track actuator based on the track position data.
While Buege does not explicitly disclose varying a speed of the track actuator based on the track position data, Buege discloses receiving sensor signals of the track position data ([0084]) and controlling the electrical components of the system by the use of a controller ([0082]), where brakes exist for the reach assembly 800 ([0061]) to lock or decrease output ([0083]).
One of ordinary skill in the art would find it obvious that the controller is configured to vary a speed of the track actuator based on the track position data as speeding without braking close to threshold positions could cause damage to the components when the limit is met by the actuated track.
Regarding claim 7, with all of the limitations of claim 6, the refuse vehicle further comprises:
wherein the controller is configured to reduce the speed of the track actuator in response to a determination based on the track position data that the track has reached a threshold position.
In light of the rationale of claim 6, one of ordinary skill in the art would find it obvious that a system comprising a controller configured to vary a speed of the track actuator based on the track position data would also be configured to reduce the speed of the track actuator in response to a determination based on the track position data that the track has reached a threshold position along the reachable distance as speeding without braking close to threshold positions could cause damage to components when the limit is met.
Regarding claim 8, with all of the limitations of claim 7, the refuse vehicle further comprises:
wherein the track is movable between an extended position and a retracted position,
[0056] of Buege, “For example, track 20 can be a distance 806 from outer member 802. When reach assembly 800 is fully retracted, distance 806 is substantially equal to zero (e.g., inner member 804 is fully received therewithin outer member 802). Inner member 804 can translate relative to outer member 802 to increase or decrease distance 806.”
wherein the controller is configured to reduce the speed of the track actuator in response to a determination based on the track position data that both
(a) the track has reached the threshold position and
(b) the track is moving toward the retracted position.
In light of the rationale of claim 7, one of ordinary skill in the art would find it obvious that the configured controller is configured to perform the reduction in speed past a threshold position as it moves towards the extended or retracted positions as there are only two end positions to reach during motion of the reach assembly 800.
Regarding claim 9, with all of the limitations of claim 1, the refuse vehicle further comprises:
wherein the track is movable between an extended position and a retracted position, and
See the citation to the first limitation of claim 8.
wherein the controller is configured to reduce a speed of the track actuator in response to a determination based on the track position data that the track is moving toward the retracted position.
See the rationale to the second limitation of claim 8.
Regarding claim 10, with all of the limitations of claim 1, the refuse vehicle further comprises:
wherein the controller is configured to vary a timing of an operation of the track actuator relative to a timing of an operation of the lift actuator based on the track position data and the grabber position data.
See Fig. 13 and [0062] of Buege. One of ordinary skill in the art would find it obvious that the controller is configured to vary a timing of an operation of the track actuator relative to a timing of an operation of the lift actuator based on the track position data and the grabber position data as continually speeding towards the threshold position without braking would cause structural damage to the track or the grabber assembly as the end of the track is reached.
Regarding claim 11, with all of the limitations of claim 10, the refuse vehicle further comprises:
wherein the grabber is movable along the track between a first end position and a second end position, the second end position being above the first end position,
See citation of first limitation of claim 4.
wherein the track is movable between an extended position and a retracted position,
See citation of first limitation of claim 8.
wherein the controller is configured to vary a timing of the grabber reaching the second end position relative to a timing of the track reaching the retracted position based on the track position data and the grabber position data.
See the rationale of claim 10. Buege discloses that the grabber assembly 42 on the track 20 which would move based on motors ([0052]).
Regarding claim 13, with all of the limitations of claim 1, the refuse vehicle further comprises:
wherein the track includes a straight portion defining a first end position of the grabber and a curved portion defining a second end position of the grabber.
See Fig. 13 of Buege, where the track 20 is broken up into a straight portion as a first end position of the grabber and a curved portion as a second end position of the grabber.
Regarding claim 14, with all of the limitations of claim 13, the refuse vehicle further comprises:
wherein the track is movable between an extended position and a retracted position, and
See citation to first limitation of claim 8.
wherein the controller is configured to control the track actuator to move the track into the retracted position while the grabber is passing along the curved portion of the track.
In light of the rationale of claim 10, one of ordinary skill in the art would find it obvious that a controller configured to vary a timing of an operation of the track actuator relative to a timing of an operation of the lift actuator based on the track position data and the grabber position data is also configured to control the track actuator to move the track into the retracted position while the grabber is passing along the curved portion of the track as continually speeding on the curved portion of the track without braking could result in damage to the components.
Regarding claim 15, with all of the limitations of claim 14, the refuse vehicle further comprises:
wherein the track actuator is configured to move the track laterally between the extended position and the retracted position,
See citation to first limitation of claim 8.
wherein the curved portion has a transition point at which the curved portion is tangent to a horizontal plane, and See Fig. 5 of Buege, where a curved portion of the track that has a 180 degree turn must have a point that has a horizontal plane tangent to it (approximately on or around point 28).
wherein the controller is configured to control the lift actuator and the track actuator such that the grabber reaches the transition point and the track reaches the retracted position at substantially the same time.
See the rationale of the second limitation of claim 14.
Regarding claim 16, Buege discloses a method of controlling a refuse vehicle including a chassis, a track movably coupled to the chassis, and a grabber movably coupled to the chassis, and a grabber movably coupled to the track and configured to engage a refuse container, comprising:
receiving, from a first sensor, track position data indicating a position of the track relative to the chassis;
[0084] of Buege, “The controller can use the sensor signal to determine a current position of grabber assembly 42 and/or carrier 26 along track 20 (or to determine a current degree of extension of reach assembly 800).”
receiving, from a second sensor, grabber position data indicating a position of the grabber relative to the track; and
[0084] of Buege, “The controller can use the sensor signal to determine a current position of grabber assembly 42 and/or carrier 26 along track 20 (or to determine a current degree of extension of reach assembly 800).”
varying a speed of at least one of
(b) the lift actuator to move the grabber relative to the track between a third non-zero speed and a fourth non-zero speed based on the grabber position data when the grabber position data indicates that the grabber has reached a grabber position threshold that is between a refuse container receiving position and a dumping position.
See the rationale of claim 1 regarding “vary a speed of at least one of …”.
Regarding claim 17, with all of the limitations of claim 16, the refuse vehicle further comprises:
further comprising controlling the track actuator to move the track relative to the chassis based on the grabber position data.
Buege discloses that the grabber position sensor and track position sensor are the same sensor ([0084]). One of ordinary skill in the art would find it obvious that the track can be controlled based on the grabber position data.
Regarding claim 18, with all of the limitations of claim 16, the refuse vehicle further comprises:
further comprising controlling the lift actuator to move the grabber relative to the track based on the track position data.
Buege discloses that the grabber position sensor and track position sensor are the same sensor ([0084]). One of ordinary skill in the art would find it obvious that the lift can be controlled by the lift actuator ([0052], electric motors 702) based on the track position data.
Regarding claim 19, with all of the limitations of claim 16, the refuse vehicle further comprises:
wherein controlling the track actuator includes reducing a speed of the track relative to the chassis, and
While Buege does not explicitly disclose controlling the track actuator includes reducing a speed of the track relative to the chassis, one of ordinary skill in the art would find it obvious that a speed of the track relative to the chassis would be reduced as either end positions are met (i.e., distance 806 is minimized or maximized) by the use of a track actuator ([0055], “The various telescoping members can be driven to extend or retract using an electric motor, a linear electric actuator, gearboxes, etc., thereby providing a fully-electric reach assembly 800.”).
wherein controlling the lift actuator includes reducing a speed of the grabber relative to the track.
While Buege does not explicitly disclose controlling the lift actuator includes reducing a speed of the grabber relative to the track, one of ordinary skill in the art would find it obvious that a speed of the grabber relative to the track would be reduced at either end positions, where there is a lift actuator ([0052, electric motors 702) to move between the top end position would (where grabber assembly would hold the refuse container to dump out its contents to the refuse compartment 30) and the bottom position (where grabber assembly 42 would grasp or release the refuse container at rest to its original location).
Claims 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US20220106115A1 (Buege) in view of US20130302119A1 (Steege) and in further view of “McNeilus ZR Full-Eject Automated Side Loader” (https://www.youtube.com/watch?v=10NE9x1O0OQ hereinafter,McNeilusRefuse).
Regarding claim 12, with all of the limitations of claim 11, the refuse vehicle further comprises:
wherein the controller is configured to control the lift actuator to bring the grabber to the second end position and control the track actuator to bring the track to the retracted position at substantially the same time.
While Buege does not explicitly disclose wherein the controller is configured to control the lift actuator to bring the grabber to the second end position and control the track actuator to bring the track to the retracted position at substantially the same time, from a similar field of endeavor, McNeilusRefuse discloses a refuse vehicle that performs the limitation above (See the “refuse_vehicle_mcneilus_action” pdf, where the attached pdf of select screenshots from the video. Figures i – iv appear to show bringing the grabber to the second end position and controlling thet rack actuator to bring the track to the retracted position at substantially the same time. Figure i shows an initial extended grasp state (1:42). Figure ii and ii show the retraction and lifting simultaneously (1:43 – 1:44). Figure iv shows that both operations appear to be done substantially at the same time (1:45)).
One of ordinary skill in the art would find it obvious, prior to the applicant’s effective filing date, to perform the limitation disclosed in McNeilusRefuse as the simultaneous actuation would reduce any wait time versus waiting for one actuation to complete prior to starting the other, improving efficiency.
Regarding claim 20, Buege discloses a refuse vehicle comprising:
a chassis;
See citation of claim 1.
a body coupled to the chassis and configured to store a volume of refuse;
See citation of claim 1.
a lift assembly including:
See citation of claim 1.
a track coupled to the chassis;
See citation of claim 1.
a track actuator configured to move the track relative to the chassis between an extended position and a retracted position;
See citation of claim 1 and Fig. 13 of Buege.
a track position sensor configured to provide track position data indicating a position of the track relative to the chassis;
See citation of claim 1.
a grabber coupled to the track and configured to engage a refuse container;
See citation of claim 1.
a lift actuator configured to move the grabber relative to the track between a lowered position and a raised position; and
See citation of claim 1 and Fig. 5 of Buege.
a grabber position sensor configured to provide grabber position data indicating a position of the grabber relative to the track; and
See citation of claim 1.
a controller operatively coupled to the track position sensor and the grabber position sensor and configured to:
See citation of claim 1.
control the track actuator to reduce a speed of the track from a first speed to a second speed in response to a determination that the track is within a threshold distance of the retracted position;
See rationale of claim 7.
control the lift actuator to reduce a speed of the grabber from a third speed to a fourth speed in response to a determination that the grabber is within a threshold distance of the raised position; and
See rationale of claim 3.
control the track actuator to bring the track to the retracted position and control the lift actuator to bring the grabber to the raised position at substantially the same time.
See rationale of claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEWOOK JUNG whose telephone number is (571)272-5470. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wade Miles can be reached on (571) 270-7777. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J./Examiner, Art Unit 3656
/WADE MILES/Supervisory Patent Examiner, Art Unit 3656
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