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 .
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.
Claims 1-5, 9-14, 17-18 rejected under 35 U.S.C. 103 as being unpatentable over Smith et al (US Pub App 2022/0243746) in view of Steege et al (US Pub App 2017/0057743) and Schmutz (US 10,721,876), previously cited.
Regarding independent claim 1, Smith discloses a refuse vehicle, comprising:
a chassis (at 14, Fig.1);
a body (12) coupled with the chassis comprising a first frame rail and a second frame rail spaced apart from each other in a lateral direction and extending in a longitudinal direction along a bottom of the body (Fig.1, both sides);
a hydraulic system comprising:
a pump (62) configured to pressurize a fluid;
a hydraulic cylinder (26) configured to receive the fluid and extend or retract; and
a hydraulic line configured to fluidly couple with an outlet of the pump and an inlet of the hydraulic cylinder (Fig.9)
Smith does not further specifically disclose the hydraulic line configured to extend laterally through the first frame rail by fluidly coupling with a connector that extends through an opening in the first frame rail, a portion of the hydraulic line extending in the longitudinal direction between the first frame rail and the second frame rail from the connector to the hydraulic cylinder.
Steege teaches a refuse collection vehicle body having a chassis and a body with hydraulic cylinders for driving a tailgate and a packer, wherein hydraulic lines (79, 81) extend laterally through access openings in structural members (Para.55) with connectors (Fig.8) and also continue longitudinally in a trough/channel (52) between structural members (Fig.8).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Smith in view of Steege for the hydraulic line be configured to extend laterally through the first frame rail by fluidly coupling with a connector that extends through an opening in the first frame rail, a portion of the hydraulic line extending in the longitudinal direction between the first frame rail and the second frame rail from the connector to the hydraulic cylinder in order to store hydraulic lines for the purpose of containing any leakage of hydraulic fluid.
Smith does not further specifically disclose the hydraulic line configured to extend from a first external side of the first frame rail to a second external side of the first frame rail opposite the first external side.
Schmutz teaches a truck with a delivery system in which a hydraulic system with hydraulic lines 80 connect hydraulic fluid reservoir tank through filter F to pump P and valves V to operate 3 separate motors, wherein the hydraulic lines to extend to an external side of a frame of the chassis of the truck (80, Fig.4).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Smith in view of Schmutz to extend to an external side of the frame in order to increase accessibility and therefore usability of the hydraulic line.
Regarding independent claim 9, Smith discloses a hydraulic system for a refuse vehicle, the hydraulic system comprising:
a pump (62) configured to pressurize a fluid;
a hydraulic cylinder (26) configured to receive the fluid and extend or retract; and
a hydraulic line configured to fluidly couple with an outlet of the pump and an inlet of the hydraulic cylinder (Fig.9).
Smith does not further specifically disclose the hydraulic line configured to extend laterally through the first frame rail by fluidly coupling with a connector that extends through an opening in the first frame rail, a portion of the hydraulic line extending in the longitudinal direction between the first frame rail and the second frame rail from the connector to the hydraulic cylinder.
Steege teaches a refuse collection vehicle body having a chassis and a body with hydraulic cylinders for driving a tailgate and a packer, wherein hydraulic lines (79, 81) extend laterally through access openings in structural members (Para.55) with connectors (Fig.8) and also continue longitudinally in a trough/channel (52) between structural members (Fig.8).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Smith in view of Steege for the hydraulic line be configured to extend laterally through the first frame rail by fluidly coupling with a connector that extends through an opening in the first frame rail, a portion of the hydraulic line extending in the longitudinal direction between the first frame rail and the second frame rail from the connector to the hydraulic cylinder in order to store hydraulic lines for the purpose of containing any leakage of hydraulic fluid.
Smith does not further specifically disclose the hydraulic line configured to extend from a first external side of the first frame rail to a second external side of the first frame rail opposite the first external side.
Schmutz teaches a truck with a delivery system in which a hydraulic system with hydraulic lines 80 connect hydraulic fluid reservoir tank through filter F to pump P and valves V to operate 3 separate motors, wherein the hydraulic lines to extend to an external side of a frame of the chassis of the truck (80, Fig.4).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Smith in view of Schmutz to extend to an external side of the frame in order to increase accessibility and therefore usability of the hydraulic line.
Regarding independent claim 17, Smith discloses a refuse vehicle, comprising:
a body (12) configured to define an inner volume for storing refuse;
a first frame rail and a second frame rail extending along a bottom of the body in a longitudinal direction, the first frame rail and the second frame rail spaced apart from each other in a lateral direction (Fig.1, both sides); and
a hydraulic system comprising:
a pump (62) configured to pressurize a fluid;
a plurality of hydraulic cylinders (26) configured to receive the fluid and extend or retract; and
a plurality of hydraulic lines fluidly coupled with an outlet of the pump and inlets of the plurality of hydraulic cylinders (Fig.9).
Smith does not further specifically disclose the hydraulic lines configured to extend laterally through the first frame rail by fluidly coupling with a connector that extends through an opening in the first frame rail, a portion of the hydraulic lines extending in the longitudinal direction between the first frame rail and the second frame rail from the connector to the hydraulic cylinder.
Steege teaches a refuse collection vehicle body having a chassis and a body with hydraulic cylinders for driving a tailgate and a packer, wherein hydraulic lines (79, 81) extend laterally through access openings in structural members (Para.55) with connectors (Fig.8) and also continue longitudinally in a trough/channel (52) between structural members (Fig.8).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Smith in view of Steege for the hydraulic line be configured to extend laterally through the first frame rail by fluidly coupling with a connector that extends through an opening in the first frame rail, a portion of the hydraulic line extending in the longitudinal direction between the first frame rail and the second frame rail from the connector to the hydraulic cylinder in order to store hydraulic lines for the purpose of containing any leakage of hydraulic fluid.
Smith does not further specifically disclose the hydraulic line configured to extend from a first external side of the first frame rail to a second external side of the first frame rail opposite the first external side.
Schmutz teaches a truck with a delivery system in which a hydraulic system with hydraulic lines 80 connect hydraulic fluid reservoir tank through filter F to pump P and valves V to operate 3 separate motors, wherein the hydraulic lines to extend to an external side of a frame of the chassis of the truck (80, Fig.4).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Smith in view of Schmutz to extend to an external side of the frame in order to increase accessibility and therefore usability of the hydraulic line.
Regarding claims 2 and 11, Smith further teaches the hydraulic system comprises: a plurality of hydraulic lines, including the hydraulic line fluidly coupled with the outlet of the pump, wherein two or more of the plurality of hydraulic lines are configured to extend laterally through corresponding connectors of the first frame rail by fluidly coupling with the corresponding connectors that extend through corresponding openings in the first frame rail, wherein a portion of the two or more of the plurality of hydraulic lines extend in the longitudinal direction between the first frame rail and the second frame rail from the corresponding connectors to two or more hydraulic cylinders (Steege, Fig.8, Para.55).
Regarding claims 3, 12, Smith further discloses the hydraulic cylinder (26) is configured to extend or retract to drive a lift arm (16) of the refuse vehicle to perform a refuse operation of the refuse vehicle (Para.15).
Regarding claims 4 and 13, Smith further discloses the hydraulic cylinder is a tailgate cylinder configured to extend or retract to drive a tailgate of the body to rotate between an open position and a closed position (Para.15).
Regarding claims 5 and 14, Smith further teaches the hydraulic line extends in the longitudinal direction between the first frame rail and the second frame rail from the connector to the hydraulic cylinder to provide clearance between a body and a chassis of the refuse vehicle (Steege Fig.8), wherein the body is configured to be coupled on a plurality of different chassis having different axle configurations without the hydraulic line interfering with components of the plurality of different chassis (Steege Para.43).
Regarding claim 10, Smith further discloses the first frame rail and the second frame rail are frame rails of a body of the refuse vehicle that extend in the longitudinal direction along a bottom of the body of the refuse vehicle (Fig.1, both sides).
Regarding claim 18, Smith further discloses the plurality of hydraulic cylinders comprises at least one of a lift arm cylinder (26) configured to drive a lift arm of the refuse vehicle to perform a refuse operation, or a tailgate cylinder configured to extend or retract to drive a tailgate of the refuse vehicle to rotate between an open position and a closed position (optional).
Claim 8 rejected under 35 U.S.C. 103 as being unpatentable over Smith et al (US Pub App 2022/0243746) in view of Steege et al (US Pub App 217/0057743), as applied above, and further in view of Strong et al (US Pub App 2019/0118605).
Regarding claim 8, Smith further discloses the chassis comprises: a first axle coupled to chassis and spaced laterally apart from the hydraulic reservoir.
Smith does not further specifically disclose a pusher axle coupled to the chassis and spaced longitudinally apart from the first axle such that the pusher axle is positioned between the first axle and the hydraulic reservoir.
Strong teaches an axle monitoring system for a refuse truck wherein the truck has primary axles consisting of a front axle and powered tandem axles and auxiliary axles consisting of three pusher axles and a trailing axle that are shown in their stowed condition (Fig.1).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Smith in view of Strong to include a pusher axle coupled to the chassis and spaced longitudinally apart from the first axle in order to increase the load capacity of the vehicle.
Allowable Subject Matter
Claims 6-7, 15-16 and 19-20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The prior art of record fails to disclose or render obvious the claimed invention as set forth in claim 6, 15 and 19 and subsequent dependent claims. The prior art of record does not disclose or render obvious the pump is a first pump for a commercial configuration of the refuse vehicle, the first pump configured to couple with a second pump in series for a residential configuration of the refuse vehicle, the second pump configured to pressurize fluid for a plurality of functions specific to the residential configuration of the refuse vehicle.
The prior art of record fails to disclose or render obvious the claimed invention as set forth in claim 7, 16 and 20 and subsequent dependent claims. The prior art of record does not disclose or render obvious a hydraulic reservoir comprising an integrated filter positioned within an inner volume of the hydraulic reservoir, the hydraulic reservoir fluidly coupled with an inlet or suction of the pump and positioned on a laterally outwards side of a frame rail of a chassis of the refuse vehicle that extends in the longitudinal direction.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments, filed 7/6/2026, with respect to the 112 rejections, together with the amendment filed 7/6/2026, have been fully considered and are persuasive. The 112 rejections have been withdrawn.
Applicant's arguments filed 7/6/2026 with respect to the 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.
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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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/ASHLEY K ROMANO/Examiner, Art Unit 3652
/GREGORY W ADAMS/Primary Examiner, Art Unit 3652
