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 .
Election/Restriction
This application contains claims directed to the following patentably distinct species.
Fig. 2 – 4;
Fig. 5;
Fig. 6 – 8;
Fig. 9;
Fig. 10 – 12;
Fig. 13 – 14;
Fig. 15 – 16;
Fig. 17 – 18;
Fig. 19 – 20,
Fig. 21;
Fig. 22; and
Fig. 23
The species are independent or distinct because they disclose mutually exclusive characteristics such as the use of a rack and pinion actuator vs. a tensile member. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, no claims are generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: The species or groupings of patentably indistinct species have acquired a separate status in the art in view of their different classification; their divergent subject matter; and require a different field of search. For example, the class/subclass for push-pull mechanisms are placed in E05F 15/635, while the flexible, elongated, pulling elements are placed in E05 15/643. Furthermore, species VI and VII disclose additional movement of the door (wings), placing them in E05F 15/638.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Attorney Kyle Rule on 06 February 2026 a provisional election was made without traverse to prosecute the invention of Species VIII, claims 1 – 6, 11, 12, and 14 - 19. Affirmation of this election must be made by applicant in replying to this Office action. Claims 7 – 10, 13, and 20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Rejections - 35 USC § 102
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 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, 5, 6, 14, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rocholl et al. U.S. 2020/0347661 (“Rocholl”). Rocholl discloses a refuse vehicle (abstract) a comprising:
a chassis (abstract);
a body (abstract) coupled to the chassis, the body defining a refuse compartment (abstract) and an opening (abstract) positioned to provide access to the refuse compartment;
a door (abstract) slidably coupled to the body, the door having:
a top side (fig. 5); and
a side surface (512, 514) extending downward from the top side;
an actuator assembly (531) directly coupled to the side surface and configured to reposition the door longitudinally relative to the body to selectively limit access to the opening; and
an electrical energy system (20) powering the actuator assembly.
In reference to claims 2, 3, 5, 6, and 14, Rocholl further discloses [[claim 2]] wherein the side surface is a first side surface (512) and the door has a second side surface (514) opposite the first side surface, wherein the actuator assembly is directly coupled to the second side surface, and wherein the second actuator assembly includes an electric motor (second 531) configured to reposition the door longitudinally relative to the body;
[[claim 3]] wherein the actuator assembly includes: a rack (533) directly coupled to the door and positioned along the side surface; a pinion (threads of the electric motor) coupled to the body and engaging the rack; and an electric motor (531) configured to drive rotation of the pinion;
[[claim 5]] the refuse vehicle of claim 3, wherein the rack is a first rack (left 533), the pinion is a first pinion (threads of left electric motor), and the side surface is a first side surface (512), and wherein the door has a second side surface (514) opposite the first side surface, the refuse vehicle further comprising: a second rack (right 533) directly coupled to the second side surface of the door; and a second pinion (thread of right electric motor) coupled to the body and engaging the second rack;
[[claim 6]] the refuse vehicle of claim 5, wherein the electric motor is a first electric motor (left 533), and wherein the actuator assembly further includes a second electric motor (right 533) configured to drive rotation of the second pinion; and
[[claim 14]] further comprising: a track member (502) coupled to the body, the track member defining a channel (fig. 5) that extends longitudinally along the body and receives the door.
In reference to claims 18 and 19, Rocholl discloses a refuse vehicle (10) comprising:
a chassis (paragraph [0003]);
a body [0003] coupled to the chassis, the body defining a refuse compartment [0003] and an opening (abstract) positioned to provide access to the refuse compartment;
a door [0003] longitudinally repositionable relative to the body between an open position (abstract) and a closed position [0003], wherein the door extends over the opening in the closed position;
a first rack (left 533) and a second rack (right 533) coupled to the door;
a first pinion (thread of left motor) engaging the first rack;
a second pinion (thread of right motor) engaging the second rack; and
an electric motor (left 531) coupled to the first pinion and the body and configured to rotate the first pinion to reposition the door between the open position and the closed position.
In reference to claim 19, Rochell further discloses the electric motor is a first electric motor (left 531), further comprising a second electric motor (right 531) coupled to the second pinion.
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rochell in view of F. Cumbo, U.S. 2019/0112859 (“Cumbo”). Rochell does not disclose the pinion configured to rotate about an axis of rotation that is substantially vertical. Cumbo teahes a pinion [0013] configured to rotate about an axis of rotation ([0004], [0005], fig. 2 and 3B) that is substantially vertical. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Rocholl such that it comprised the pinion configured to rotate about an axis of rotation that is substantially vertical in view of the teachings of Cumbo obvious so as to provide an alternative orientation of the motor interchangeable in the art with predict results of translating rotary-to-linear motion ([0005]. fig. 2 and 3B).
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rocholl in view of Zeabari et al. U.S. 2023/0265704 (“Zeabari”). Rocholl discloses [[claim 11]] the actuator assembling including an electric motor (531); [[claim 12]] a rack (533) coupled to the door, and a pinion (threads of the motor) engaging the rack and coupled to the electric motor, but does not disclose a slip clutch. Zeabari teaches a slip clutch (fig. 16C, 242) coupling an electric motor (36) to a door (12), wherein the slip clutch is configured to decouple the electric motor from the door in response to a torque of the electric motor [0188] exceeding a threshold [0143]. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Rocholl such that it comprised the slip clutch in view of the teachings of Zeabari so as to provide some slip or relative rotation between the input member and the gearbox input shaft and determine that an obstacle is in the way of the closure member 12 [0177].
Claim(s) 15 - 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rocholl in view of F. Smith, U.S. 4,148,517 (“Smith”). Rocholl discloses the actuator assembly includes an electric motor (531) configured to drive movement of the door, the refuse vehicle further comprising: an arm (fig. 1) configured to lift a refuse container (60) to deposit refuse through the opening; but does not disclose a sensor configured to indicate a position of the arm or a controller operatively coupled to the electric motor and the sensor and configured to control the electric motor based on the position of the arm. Smith teaches a sensor (cam to contact and shift valve against the pressure of a spring) configured to indicate a position of the arm (predetermined upward position); and a controller (hydraulic controls) operatively coupled to the electric motor and the sensor and configured to control the electric motor based on the position of the arm (column 22, line 14). Smith further teaches [[claim 16]] wherein the controller is configured to control the electric motor to move the door to limit access to the opening in response to the arm entering a lowered position (column 24, line 65); and [[claim 17]] wherein the controller configured to control the electric motor to move the door to facilitate access to the opening in response to the arm entering a raised position (column 22, line 45; fig. 2). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Rocholl such that it comprised the sensor and control in view of the teachings of Smith obvious so as to time the relational movement synchronize the rotational movement of the lifting arms with the doors at a controlled rate (column 23, line 35).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREN BECK whose telephone number is (571)272-6212. The examiner can normally be reached Monday - Thursday from 8:30AM - 4:00PM.
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, Jason Shanske can be reached at 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAREN BECK/Primary Examiner, Art Unit 3614