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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, must be shown or the feature(s) canceled from the claim(s):
Claim 9: a second electric motor configured to drive rotation of a drive member as part of a lift assembly According to claim 1, the second motor is part of the extension assembly and the first electric motor drives the lift assembly. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 9, 10 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.
Claim 9 recites that a second electric motor is configured to drive rotation of a drive member. Claim 1 recites that the first motor drives the lift assembly not the second motor. And, the disclosure agrees with claim 1 showing that the motor that extends/retracts extension assembly is motor 214, not the motor 124.
For purposes of examination the limitation "second electric motor" in claim 9 has been interpreted as –first electric motor— which has sufficient antecedent basis from claim 1.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 6 & 8-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buege (US 2020/0346860) in view of Boivin (US 20210122568).
With respect to claim 1, Buege discloses a refuse vehicle comprising:
a frame 12;
a grabber assembly 42 configured to selectively engage a refuse container;
a lift assembly 100 coupled to a grabber assembly, a lift assembly including a first electric motor (shown but unlabeled in FIG. 2) configured to drive a lift assembly to raise a grabber assembly; and
an extension assembly 800 coupled to a frame and a lift assembly, an extension assembly including a second electric motor 854a configured to drive an extension assembly to vertically move a lift assembly relative to a frame.
Buege teaches that "engine 18 additionally or alternatively includes one or more electric motors coupled to frame 12 (e.g., a hybrid refuse vehicle, an electric refuse vehicle, etc.). The electric motors may consume electrical power from an on-board storage device (e.g., batteries, ultra-capacitors, etc.), from an on-board generator (e.g., an internal combustion engine, etc.), and/or from an external power source (e.g., overhead power lines, etc.) and provide power to the systems of refuse vehicle 10." (Para. 41) Buege appears to disclose a first electric motor, but does not explicitly disclose a first electric motor. Boivin also disclose a refuse vehicle that comprises a lift assembly that includes a first electric motor 37 and an extension assembly that includes a second electric motor 67 which resolves the efficiency or durability issues of previously known refuse vehicles. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Buege to provide a first electric motor, as taught by Buege, which resolves efficiency or durability of previously known refuse vehicles.
With respect to claim 2, Buege discloses-
a first member 801; and
a second member 810 slidably coupled to a first member, wherein a second member is configured to telescopically move relative to a first member to laterally reposition a lift assembly relative to a frame.
With respect to claim 3, Buege discloses-
a third member 850 (FIG. 12) slidably coupled to a second member 810,
wherein a first member 801 (para. 50) is directly coupled to a frame 10,
wherein a third member 850 is directly coupled to a lift assembly 100,
wherein a second member 810 is received within a first member 801, and
wherein a third member 850 is received within a second member 810.
With respect to claim 6, Buege discloses-
a pinion 1120 (FIG. 14) coupled to a first member 801/1106; and
a rack 1136 coupled to a second member 810/1104 and engaging a pinion 1120,
wherein a second electric motor is configured to drive a pinion to cause a second member to translate relative a first member.
With respect to claim 8, Buege discloses that a lift assembly further includes a track 20 having a straight and curved portions (para. 45) and a carriage 26 coupled to a grabber assembly 42, and wherein a first electric motor is configured to move a carriage along a track.
With respect to claims 9, 10, 11, 12 & 13, Buege discloses a track and does not disclose a drive member, guide or tensile member.
Boivin discloses a lift assembly the further includes-
a drive member 36, e.g. pinion/gear/sprocket, positioned along a straight portion 56a of a track 44 (driven by motor 37; para. 39) ;
a guide 36, e.g. pinion/gear/sprocket, positioned along a curved portion 56b of a track (upper guide 36 shown in FIG. 2);
a tensile member 35 coupled to a carriage (indicated generally as 23 which supports grabber arms 26a, 26b) and engaging a drive member and a guide, wherein a
a first linkage member 16, 18 (one link each track 57, 58) slidably coupled to a track 44, 57, 58 and a second linkage member 19a, 19b coupling a first linkage member to a carriage.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Buege to include a drive member, guide and tensile member, as taught by Boivin, which resolves efficiency or durability of previously known refuse vehicles.
With respect to claim 14, Buege discloses
a cab 16 coupled to the frame and configured to support an operator;
a tractive element 19, e.g. wheels, coupled to a frame; and
a body 14 defining a refuse compartment, wherein the lift assembly is configured to raise the grabber assembly to deposit refuse from the refuse container into the refuse compartment.
Claim(s) 4, 5 & 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buege in view of Boivin and further in view of Karvonen (US 4,964,780).
Buege discloses-
a third member 1108/850 (FIGS. 14-18) slidably coupled to a second member 810/1104;
a guide 1124, 1126, e.g. sprocket, coupled to a second member; and
a tensile member 1118, e.g. chain, engaging a guide 1124, 1126,
wherein a tensile member 1118 is configured to telescopically move a third member in a first direction relative to a second member in response to movement of a second member in a first direction relative to a first member.
Buege does not disclose a tensile member, e.g. chain, that engages a guide and is fixedly coupled to a first member and a third member.
Karavonen discloses an extension assembly comprising:
a third member 28 slidably coupled to a second member 26;
a guide 90, e.g. sheave or sprocket, coupled to a second member 26 (C6/L24-34);
a tensile member 86, e.g. chain, engaging a guide 90 and fixedly coupled to a first member 24 (indicated generally as chain anchor 92) and a third member 28 (indicated generally as chain anchor 88),
wherein a tensile member 86 is configured to telescopically move a third member 28 in a first direction relative to a second member 26 in response to movement of a second member in a first direction relative to a first member 24,
a guide 90 is a first guide, wherein an extension assembly further includes a second guide 72, e.g. sheave/sprocket, coupled to a second member 26 and engaging a tensile member 68, and wherein a tensile member is configured to move a third member in a second direction relative to a second member in response to movement of a second member in a second direction relative to a first member.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Buege to provide a tensile member that engages a guide and is fixedly coupled to a first member and a third member and a first guide and a second guide, as taught by Karvonen, which results in a less "jerky" movement by a grabber assembly during simultaneous extending and lifting.
Claim(s) 15, 16 & 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buege in view of Karvonen.
Buege discloses-
a first member 801/1106 (FIGS. 12-18) configured to be coupled to a frame 12 of a refuse vehicle;
a second member 810/1104 configured to translate relative to a first member;
a third member 850/1108 configured to be coupled to a grabber assembly 42 and configured to translate relative to a second member;
a pinion 1120 coupled to a first member;
an electric motor 1102 coupled to a pinion;
a rack 1136 coupled to a second member and engaging a pinion;
a first and second guides 1124, 1126 (FIG. 14), e.g. sprocket/gear/pinion, coupled to a second member; and
a tensile member 1118 extending between and engaging a first and second guides,
wherein an electric motor is configured to drive a pinion to cause a second member to translate relative to a first member,
wherein a tensile member causes a third member to translate relative to a second member in response to translation of a second member relative to a first member.
Buege does not disclose a first member is fixedly coupled with a tensile member at a first point and a third member is fixedly coupled with a tensile member at a second point.
Karvonen discloses a first member 24 is fixedly coupled with a tensile member 86 at a first point 92 and a third member 28 is fixedly coupled with a tensile member at a second point 88. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Buege to provide a first member is fixedly coupled with a tensile member at a first point and a third member is fixedly coupled with a tensile member at a second point, as taught by Karvonen, which results in a less "jerky" movement by a grabber assembly during simultaneous extending and lifting.
Claim(s) 18, 19 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boivin in view of Oliver (US 2,592,324).
Boivin discloses a lift assembly comprising:
a track 56a, 56b, 57, 58 having a straight portion 56a and a curved portion 56b extending above a straight portion;
a drive member 36, e.g. sprocket, rotatably coupled to a straight portion of a track;
an electric motor 37 configured to drive rotation of a drive member;
a guide 36, e.g. sprocket, rotatably coupled to a curved portion of a track;
a tensile member 35, e.g. chain, engaging a drive member a guide;
a carriage fixedly coupled to a tensile member 35;
a linkage coupling a carriage to a track, a linkage including a first member ("wheels": unlabeled in drawings but disclosed in para. 29) received within a track/channel 57, 58 and a second member (indicated generally as 20 in FIG. 3F);
a grabber assembly 20 coupled to a carriage and configured to selectively engage a refuse container; and
first member is received within a channel defined by a straight portion of a track and a curved portion of the track.
Boivin discloses a linkage include first and second members and does not disclose a second member that couples a first member to a track, wherein a second member is configured to rotate relative to a carriage as a first member travels along a curved portion of a track.
Oliver discloses a carriage fixedly coupled to tensile member 10, and a linkage coupling a carriage to a track wherein a linkage includes-
a first member 5 received within a track 1, 1c and
a second member 6 coupling a first member 5 to a track 1a,
wherein a second member 6 is configured to rotate relative to a carriage as a first member travels along a curved portion 1c of a track.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Boivin to include a second member that couples a first member to a track, wherein a second member is configured to rotate relative to a carriage as a first member travels along a curved portion of a track, as taught by Oliver, which improves the speed that refuse containers can be emptied as well increasing the weight of a refuse that can be raise and emptied.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY W ADAMS whose telephone number is (571)272-8101. The examiner can normally be reached Mon - Fri, 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (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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/GREGORY W ADAMS/ Primary Examiner, Art Unit 3652