DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-10 & 15-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regard to claim(s) 6, line(s) 6 has an omission, a dangling limitation(s).
With regard to claim(s) 15, line(s) 4, “cab” lack(s) antecedent basis.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Freeman (3,498,486).
Freeman (3,498,486) disclose(s):
Vehicle, 10;
Chassis, I-beams, best seen figure(s) 3;
A pair of front wheels, left set figure(s) 1;
A pair of rear wheels, right set figure(s) 1;
Cab 14;
Material bed 22;
Equipment bed 21;
belt(s) system 30-31;
Material bed sidewall 26;
Equipment bed sidewall 25;
belt(s) system sidewall 35;
Tailgate ramp 90;
Side notches 37-38.
With regard to sidewall lateral distances, Freeman (3,498,486) disclose(s) a belt(s) system sidewall less than the other two distances as the belt(s) system sidewall 35 is free to pivot, meaning inside the clearance of the other two walls; & the belt(s) system 30-31 stops short of the full chassis width as seen in figure(s) 3.
With regard to claim(s) 1, Freeman (3,498,486) disclose(s) a top-dressing material delivery Vehicle, 10 comprising: a chassis; a pair of rear wheels; a pair of front wheels; a cab 14 mounted to said chassis; a material bed 22 mounted to said chassis directly behind said cab; an equipment bed 21 mounted to a rear end of said chassis, and a delivery belt system 30-31 mounted to said chassis between said material bed and said equipment bed.
With regard to claim(s) 6, Freeman (3,498,486) disclose(s) a top-dressing material delivery vehicle 10 comprising: a chassis having a forward end and a rear end; a pair of rear tires; a pair of front tires; a material bed 22 mounted to said forward end of said chassis; an equipment bed 21 mounted to said rear end of said, and a delivery belt system 30-31 mounted to said chassis between said material bed and said equipment bed, said delivery belt system also being mounted to said chassis in a position between said pair of rear tires and said pair of front tires.
With regard to claim(s) 11, Freeman (3,498,486) disclose(s) a top-dressing material delivery vehicle 10 comprising: a chassis; a pair of rear wheels; a pair of front wheels; a cab 14 mounted to said chassis; a material bed 22 mounted to a front portion of said chassis directly behind said cab; an equipment bed 21 mounted to a rear portion of said chassis, and a delivery belt system mounted to said chassis, wherein said material bed has a sidewall positioned a first select distance laterally from said chassis, wherein said equipment bed has a sidewall positioned a second select distance laterally from said chassis, and wherein said delivery belt system has a sidewall positioned a third select distance laterally from said chassis, and wherein said third select distance is less than said first select distance and less than said second select distance.
With regard to claim(s) 15, Freeman (3,498,486) disclose(s) a top-dressing material delivery vehicle 10 comprising: a chassis; a material bed mounted to a forward end of said chassis directly behind said cab 14; an equipment bed 21 mounted to a rearward end of said chassis, and a delivery belt system 30-31 mounted to said chassis, said delivery belt system having a conveyor belt having an exit end, wherein said material bed has a sidewall positioned a first select distance laterally from said chassis, wherein said equipment bed has a sidewall positioned a second select distance laterally from said chassis, and wherein said delivery belt system said exit end of said conveyor belt positioned a third select distance laterally from said chassis, and wherein said third select distance is less than said first select distance and less than said second select distance.
With regard to claim(s) 4, 9, 13 & 17, Freeman (3,498,486) disclose(s) a rear tailgate ramp adjacent to the equipment bed.
With regard to claim(s) 5 & 14, Freeman (3,498,486) disclose(s) a belt(s) system 30-31 forward of the rear tires.
With regard to claim(s) 12 & 16, Freeman (3,498,486) disclose(s) a belt(s) system 30-31 between both beds.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A DILLON JR whose telephone number is (571)272-6913. The examiner can normally be reached on Monday-Thursday; 8AM-6:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached on (571)272-7805. The fax phone numbers for the organization where this application or proceeding is assigned are (703)305-7687 for regular communications and (703)308-0552 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703)308-1134.
/JOSEPH A DILLON JR/Primary Examiner, Art Unit 3653