DETAILED ACTION
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 .
Response to Amendments
The 35 USC 112(b) rejection(s) is/are hereby withdrawn.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1, 3-9, 12, and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ledwell (US-5,690,465).
Regarding claim 1 (Currently Amended), Ledwell (US-5,690,465) discloses a refuse (animal carcasses) vehicle, comprising:
a chassis (154L, 154R) including a pair of frame rails (longitudinal channels 154L and 154R) (“the outer scissor beams 116L and R are supported by rollers 152L and R retained within longitudinal channels 154L and R”) [Ledwell; col. 5, lines 10-12];
a body (truck bed 16) coupled to the chassis (154L, 154R) (Fig. 5), the body (truck bed 16) including one or more lift arms (forklift 14) (“front end forklift 14 consists of opposite side, inverted U arms 34L and 34R”) [Ledwell; col. 3, lines 25-26] configured to place refuse material into the body (“The forklift 14 functions to move the fork assembly 60 upward and rearward over the cab to its dump position over truck bed 16.”) [Ledwell; col. 3, lines 54-56]; and
a service lift (scissor beams 116R, 116L, 118R, 118L) configured to lift the body away from the chassis (154L, 154R) (Fig. 15), the service lift (scissor beams 116R, 116L, 118R, 118L) disposed between the chassis (154L, 154R) and the body (bed 16) (Fig. 15) and laterally between the pair of frame rails (154L, 154R) (Fig. 6).
Regarding claim 3 (Original), Ledwell discloses the refuse vehicle of claim 1, wherein the service lift (scissor beams 116R, 116L, 118R, 118L) comprises a scissor lift (Figs. 5 and 6).
Regarding claim 4 (Original), Ledwell discloses the refuse vehicle of claim 3, wherein the scissor lift comprises:
a lower portion coupled to the chassis (154L, 154R) (“with scissor beams 118L and R permanently affixed along respective lower channels 154L and R and upper channels 158L and R, and with scissor beams 116 supported by rollers 160 and 152 within respective channels 158L and R and lower channel 154L and R”) [Ledwell; col. 5, lines 24-30];
an upper portion coupled to the body (truck bed 16) (“Referring again to FIG. 6, the outer scissor beams 116L and R are supported by rollers 152L and R retained within longitudinal channels 154L and R which are secured as by welding along longitudinal frame members 24L and R with the channels facing inward. The upper ends of crossed scissor beams 116 and 118 are similarly engaged with rail structure secured along the outer bottom 156 of truck bed 16 as shown in FIG. 7, the fully raised truck bed view.”) [Ledwell; col. 5, lines 9-16];
a middle portion, comprising at least one scissor linkage (154L, 154R); and
an actuator (hydraulic cylinders 126L and R) configured to power the scissor lift from a collapsed position in which the lower portion is disposed adjacent the upper portion to an extended position in which the lower portion is spaced apart from the upper portion (“raising of the truck bed 16 by extension of hydraulic cylinders 126L and R causes a rearward movement of truck bed 16, as traced by arrows 164”) [Ledwell; col, 5, lines 29-31].
Regarding claim 5 (Original), Ledwell discloses the refuse vehicle of claim 1, the body (truck bed 16) having at least one mounting point (upper blocks 162L and/or 162R) that is configured to engage with an external lift for lifting the body away from the chassis (“[t]he truck bed 16 has raised to its topmost position and, by virtue of the positive pivot engagement of the opposite ends of beams 118L and R as they are pivotally affixed at blocks 128L and R and the upper blocks 162L and R”) [Ledwell; col. 7, lines 48-51].
Regarding claim 6 (Original), Ledwell discloses the refuse vehicle of claim 1, wherein at least one end of the service lift (scissor beams 116R, 116L, 118R, 118L) is rotatably coupled to at least one of the body (truck bed 16) or the chassis (154L, 154R) (Fig. 2 and 7) (“[t]he truck bed 16 has raised to its topmost position and, by virtue of the positive pivot engagement of the opposite ends of beams 118L and R as they are pivotally affixed at blocks 128L and R and the upper blocks 162L and R”) [Ledwell; col. 7, lines 48-51].
Regarding claim 7 (Currently Amended), Ledwell discloses the refuse vehicle of claim 1, wherein an end of the service lift (scissor beams 116R, 116L, 118R, 118L) extends into the body (truck bed 16) and is disposed within the body (truck bed 16) (Fig. 7).
Regarding claim 8 (Original), Ledwell discloses the refuse vehicle of claim 1, wherein a first end of the service lift (scissor beams 116R, 116L, 118R, 118L) is mounted to the body (bed 16) (Fig. 7), and a second end of the service lift (scissor beams 116R, 116L, 118R, 118L) is mounted above the pair of frame rails (longitudinal channels 154L and 154R) (Fig. 7) (“the outer scissor beams 116L and R are supported by rollers 152L and R retained within longitudinal channels 154L and R”) [Ledwell; col. 5, lines 10-12].
Regarding claim 9 (Original), Ledwell discloses the refuse vehicle of claim 1, wherein an end of the service lift (scissor beams 116R, 116L, 118R, 118L) is mounted in between the pair of frame rails (longitudinal channels 154L and 154R) (Fig. 6).
Regarding claim 12 (Currently Amended), Ledwell discloses a refuse vehicle comprising:
a chassis (154L, 154R) including a pair of frame rails (longitudinal channels 154L and 154R) (“the outer scissor beams 116L and R are supported by rollers 152L and R retained within longitudinal channels 154L and R”) [Ledwell; col. 5, lines 10-12];
a body (truck bed 16) coupled to the chassis (154L, 154R) (Fig. 5), the body (truck bed 16) including one or more lift arms (forklift 14) (“front end forklift 14 consists of opposite side, inverted U arms 34L and 34R”) [Ledwell; col. 3, lines 25-26] configured to place refuse material into the body (“The forklift 14 functions to move the fork assembly 60 upward and rearward over the cab to its dump position over truck bed 16.”) [Ledwell; col. 3, lines 54-56]; and
a service lift (scissor beams 116R, 116L, 118R, 118L) configured to lift the body away from the chassis (154L, 154R) (Fig. 15), the service lift (scissor beams 116R, 116L, 118R, 118L) configured to lift at least a portion of the body (bed 16) away from the chassis (154L, 154R) (“raising of the truck bed 16 by extension of hydraulic cylinders 126L and R causes a rearward movement of truck bed 16, as traced by arrows 164”) [Ledwell; col, 5, lines 29-31], at least a portion of the service lift (scissor beams 116R, 116L, 118R, 118L) disposed within the body (bed 16) (Fig. 15).
Regarding claim 14 (Original), Ledwell discloses the refuse vehicle of claim 12, wherein the service lift (scissor beams 116R, 116L, 118R, 118L) comprises a scissor lift (Figs. 5 and 6).
Regarding claim 15 (Original), Ledwell discloses the refuse vehicle of claim 14, wherein the scissor lift comprises:
a lower portion coupled to the chassis (154L, 154R) (“with scissor beams 118L and R permanently affixed along respective lower channels 154L and R and upper channels 158L and R, and with scissor beams 116 supported by rollers 160 and 152 within respective channels 158L and R and lower channel 154L and R”) [Ledwell; col. 5, lines 24-30];
an upper portion coupled to the body (truck bed 16) (“Referring again to FIG. 6, the outer scissor beams 116L and R are supported by rollers 152L and R retained within longitudinal channels 154L and R which are secured as by welding along longitudinal frame members 24L and R with the channels facing inward. The upper ends of crossed scissor beams 116 and 118 are similarly engaged with rail structure secured along the outer bottom 156 of truck bed 16 as shown in FIG. 7, the fully raised truck bed view.”) [Ledwell; col. 5, lines 9-16];
a middle portion, comprising at least one scissor linkage (154L, 154R); and
an actuator (hydraulic cylinders 126L and R) configured to power the scissor lift from a collapsed position in which the lower portion is disposed adjacent the upper portion to an extended position in which the lower portion is spaced apart from the upper portion (“raising of the truck bed 16 by extension of hydraulic cylinders 126L and R causes a rearward movement of truck bed 16, as traced by arrows 164”) [Ledwell; col, 5, lines 29-31].
Regarding claim 16 (Original), Ledwell discloses the refuse vehicle of claim 12, wherein a first end of the service lift (scissor beams 116R, 116L, 118R, 118L) is mounted to the body (bed 16) (Fig. 7), and a second end of the service lift (scissor beams 116R, 116L, 118R, 118L) is mounted above the pair of frame rails (longitudinal channels 154L and 154R) (Fig. 7) (“the outer scissor beams 116L and R are supported by rollers 152L and R retained within longitudinal channels 154L and R”) [Ledwell; col. 5, lines 10-12].
Regarding claim 17 (Original), Ledwell discloses the refuse vehicle of claim 12, wherein an end of the service lift (scissor beams 116R, 116L, 118R, 118L) is mounted in between the pair of frame rails (longitudinal channels 154L and 154R) (Fig. 6).
Regarding claim 18 (Currently Amended), Ledwell discloses a method of installing a service lift onto a refuse vehicle, the method comprising:
mounting a first end of the service lift (scissor beams 116R, 116L, 118R, 118L) to a chassis (154L, 154R) of the refuse vehicle so that the first end (of the scissor lift) is disposed laterally between a pair of frame rails (longitudinal channels 154L and 154R) of the chassis (154L, 154R) (Fig. 6); and
mounting a second end of the service lift (scissor beams 116R, 116L, 118R, 118L) to a body (truck bed 16) of the refuse vehicle so that the service lift (scissor beams 116R, 116L, 118R, 118L) is disposed between the chassis (154L, 154R) and the body (truck bed 16) (Fig. 6),
wherein the second end of the service lift (scissor beams 116R, 116L, 118R, 118L) is disposed within the body (truck bed 16) (Fig. 7).
Regarding claim 19 (Original), Ledwell discloses the method of claim 18, further comprising positioning the second end of the service lift (scissor beams 116R, 116L, 118R, 118L) within the body (truck bed 16) (Fig. 7).
Regarding claim 20 (Original), Ledwell discloses the method of claim 18, wherein mounting the first end of the service lift (scissor beams 116R, 116L, 118R, 118L) to the chassis (154L, 154R) comprises positioning the first end (of the service lift) within a space formed between the pair of frame rails (longitudinal channels 154L and 154R) (Figs. 6 and 7).
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, 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(s) 2 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ledwell (US-5,690,465) in view of Conner (US-3,642,324).
Regarding claim 2 (Original), Ledwell discloses the refuse vehicle of claim 1, but fails to disclose further comprising a pivot mount pivotally coupling the body (bed 16) to the chassis (154L, 154R), such that the body is rotatable from a first position at which the body extends substantially parallel to the chassis and a second position at which the body extends at an angle relative to the chassis and a forward portion of the body is spaced apart from the chassis.
However, Conner (US-3,642,324) teaches a pivot mount (pivot 8) pivotally coupling a body (bed 3) to a chassis (fixed frame 1) (Figs. 1-3), such that the body (bed 3) is rotatable from a first position (Figs. 1 and 2) at which the body (bed 3) extends substantially parallel to the chassis (fixed frame 1) (Figs. 1 and 2) and a second position (Fig. 3) at which the body (bed 3) extends at an angle relative to the chassis (fixed frame 1) (Fig. 3) and a forward portion of the body (bed 3) is spaced apart from the chassis (fixed frame 1 (Fig. 3). Since Connor is pertinent to lift bed units for trucks, it would’ve been obvious to modify the lift bed truck of Ledwell with a pivot mount as taught by Conner in order to more easily dump the contents of the bed, such as unloading of the bed (“the frame and associated mechanism being arranged so that the bed, when moved upwardly by the power device, normally remains in its horizontal position, or--upon nonmanual quick repositioning of certain novel means--is caused to tilt rearwardly to a back-dumping position, selectively”) [Conner; col. 1, lines 23-28].
Regarding claim 13 (Original), Ledwell discloses the refuse vehicle of claim 12, but fails to disclose a pivot mount pivotally coupling the body to the chassis, such that the body is rotatable from a first position at which the body extends substantially parallel to the chassis and a second position at which the body extends at an angle relative to the chassis and a forward portion of the body is spaced apart from the chassis.
However, Conner (US-3,642,324) teaches a pivot mount (pivot 8) pivotally coupling a body (bed 3) to a chassis (fixed frame 1) (Figs. 1-3), such that the body (bed 3) is rotatable from a first position (Figs. 1 and 2) at which the body (bed 3) extends substantially parallel to the chassis (fixed frame 1) (Figs. 1 and 2) and a second position (Fig. 3) at which the body (bed 3) extends at an angle relative to the chassis (fixed frame 1) (Fig. 3) and a forward portion of the body (bed 3) is spaced apart from the chassis (fixed frame 1 (Fig. 3). Since Connor is pertinent to lift bed units for trucks, it would’ve been obvious to modify the lift bed truck of Ledwell with a pivot mount as taught by Conner in order to more easily dump the contents of the bed, such as unloading of the bed (“the frame and associated mechanism being arranged so that the bed, when moved upwardly by the power device, normally remains in its horizontal position, or--upon nonmanual quick repositioning of certain novel means--is caused to tilt rearwardly to a back-dumping position, selectively”) [Conner; col. 1, lines 23-28].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ledwell (US-5,690,465) in view of Vesely (US-5,419,534).
Regarding claim 10 (Original), Ledwell discloses the refuse vehicle of claim 1, but fails to disclose wherein the service lift (scissor beams 116R, 116L, 118R, 118L) includes at least one of an airbag, a lead screw, or a rack and pinion.
However, Vesely (US-5,419,534) teaches an airbag (elastic bellow or chamber 8 of Vesely) as part of a scissor lift, equivalent to the scissor lift (116L, 116R) of Ledwell. As Vesely is pertinent to devices such as taught by Ledwell, it therefore would’ve been obvious to one of ordinary skill in the art to use an airbag, as taught by Vesely, as the actuating device for the scissor lift of Ledwell in order to overcome disadvantages of the actuator of Ledwell [Veseley; col. 3, lines 8-31].
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ledwell (US-5,690,465) in view of Marsh (US-2,842,396).
Regarding claim 11 (Original), Ledwell discloses the refuse vehicle of claim 1, but fails to disclose wherein the service lift includes at least one electric actuator.
However, Marsh (US-2,842,396) teaches wherein the service lift includes at least one electric actuator (“The hydraulic pressure required to operate the jack 18 is supplied by tie hydraulic pump 37 which is driven by an electric motor 36”) [Marsh; col. 3, lines 7-9]. Since Ledwell teaches the use of hydraulic cylinders, it therefore would’ve been obvious to one of ordinary skill in the art to operate the hydraulic cylinders using a hydraulic pump, driven by an electro motor/actuator as taught by Marsh, in order to easily and conveniently actuated the hydraulic cylinders of Ledwell [Marsh; col. 3, lines 7-9].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-3837512, US-4091944, US-3484006, and US-20050110330 are pertinent to claim 1.
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 JOEL DILLON CRANDALL whose telephone number is (571)270-5947. The examiner can normally be reached Mon - Fri 8:30 - 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-270-5947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOEL D CRANDALL/Examiner, Art Unit 3723
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