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 .
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 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kohn, et al. (3,876,229).
Kohn discloses a refuse vehicle comprising a chassis 60; a front axle assembly (not shown) coupled to the chassis, the front axle assembly including a front axle and front tractive elements (wheels, see Figure 1) coupled to the front axle; a rear axle assembly via 16 coupled to the chassis, the rear axle assembly including a rear axle and rear tractive elements 12, 14 coupled to the rear axle; a cab coupled to the chassis (see Figure 1); a body assembly 18 coupled to the chassis, the body assembly defining a refuse compartment, the body assembly including a bottom panel with longitudinal frame members extending along opposing lateral sides of the bottom panel; and a fender assembly 22 including a fender 30, 32 positioned proximate a respective one of the rear tractive elements; a support 66, 68 coupled to at least one of the bottom panel or a respective one of the longitudinal frame members of the body assembly; and a bracket 62, 64 extending from the support to the fender to couple the fender to the body assembly. The support is a first support 66 and the bracket is first bracket 62, and wherein the first bracket is coupled to a first portion of the fender 30, further comprising a second support 68 coupled to at least one of the bottom panel or the respective one of the longitudinal frame members 60 of the body assembly; and a second bracket 64 extending from the second support to the fender to couple the fender to the body assembly, wherein the second bracket is coupled to a second portion of the fender. The second portion is positioned rearward of the first portion.
Allowable Subject Matter
Claim 20 is allowed. The following is a statement of reasons for the indication of allowable subject matter: The recitation of a second fender assembly positioned rearward of the first fender assembly, the second fender assembly including a second fender, a third support coupled to the body assembly, a fourth support coupled to the body assembly rearward of the third support, a third bracket extending from the third support to a first portion of the second fender, and a fourth bracket extending from the fourth support to a second portion of the second fender positioned rearward of the first portion; wherein the first fender and the second fender are different in combination with the rest of the recited elements, clearly defines over the prior art.
Claims 4-10 and 14-19 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: The recitation of a second rear axle assembly coupled to the chassis, the second rear axle assembly including a second rear axle and second rear tractive elements coupled to the second rear axle; and a second fender assembly including a second fender positioned proximate a respective one of the second rear tractive elements in combination with the rest of the recited elements, clearly defines over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art recited discloses common inventive concepts as the claimed present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Faye M. Fleming whose telephone number is (571)272-6672. The examiner can normally be reached M-F 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAYE M FLEMING/Primary Examiner, Art Unit 3612