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 .
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.
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) 10, 11, 15, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peek (US 2022/0363473).
Regarding Claims 10 and 20, Peek discloses a refuse vehicle, comprised of a chassis; a body 110 coupled with the chassis, the body defining a refuse compartment; a tailgate 220 (Fig. 2A) coupled with a rear of the body, the tailgate transitional between a first position to limit access to the refuse compartment (Fig. 2A) and a second position to allow access to the refuse compartment (Fig. 2B); a fully electric tailgate actuator assembly comprising: a first linkage 260 extending from a first point on the body to a first point on the tailgate; a second linkage 260 extending from a second point on the body to a second point on the tailgate; and an electric motor 280 configured to drive at least one of the first linkage or the second linkage to transition the tailgate between the first position and the second position.
Regarding Claim 11, Peek further includes a lock mechanism 130 configured to lock the tailgate in the first position, wherein the lock mechanism is released as the tailgate rotates from the first position to the second position, and wherein the lock mechanism is engaged at a final stage as the tailgate rotates from the second position to the first position (paragraphs 0037 – 0039).
Regarding Claim 15, the body included a first mount 265 to receive a first portion of the first linkage 260; and a second mount 265 to receive a first portion of the second linkage 260; the first mount disposed at a first distance from a first lateral side of the body; the second mount disposed at a second distance from a second lateral side of the body (mount positions the link 260 between itself and the body).
Regarding Claim 19, Peek further incudes a gearbox 275 to assist the electric motor 270 in opening and closing.
Allowable Subject Matter
Claims 1-9 are allowed.
Claims 12-14 and 16-18 are 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 a statement of reasons for the indication of allowable subject matter:
Regarding Claims 1-9, applicant’s use of an electric tailgate actuator assembly including a first linkage between the body and a first point on the tailgate; a second linkage between the body to a second point on the tailgate; and a spring over electric actuator configured to drive the first linkage or the second linkage to transition the tailgate between the first position and the second position, and including a lock mechanism, is novel.
Regarding Claims 12-14, applicant’s use of a spring device, in conjunction with the fully electric actuator, to drive the opening and closing of the tailgate, is novel.
Regarding Claim 16, applicant’s use of a ball screw linear style actuator for the electric drive is novel.
Regarding Claims 17 and 18, applicant’s use of a secondary winch system to assist the electric actuators on opening and closing, is novel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art relates to refuse trucks and the operation of the tailgate structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S DANIELS whose telephone number is (571)270-1167. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON S DANIELS/Primary Examiner, Art Unit 3612
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