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 § 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.
Claim 2 is 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 2 recites the limitation "door operating means". There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the door operating means” is being interpreted as “ the door actuation unit”.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 8-9, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wapa CN 111003432, Provided by applicant and in view of Koga et al. 11,148,880 and in view of Ballester 6,470,949.
In Re Claims 1, 3, 8-9 and 15, Wapa teaches a dead livestock collection system (Fig. 1) comprising: a dead livestock container (5) located at a collection site (area above tracks 11, Fig. 1) close to a delimiting perimeter (3) of a farm (Background section of description); configured for receiving dead livestock loaded by a farmer; (background section of description) a refrigeration unit (1) arranged to maintain the container refrigerated; a collection vehicle (Flatbed truck, Fig. 1) having a driver cab (cab of flatbed, Fig. 1) and characterized in that: the collection site (bounded area outside of Housing 1, Fig. 1) has an inner access side (side closest to lift 16, Fig. 1), through which the container at the collection site is accessible to the farmer from inside the delimiting perimeter or through the delimiting perimeter of the farm, and an opposite outer access side (side adjacent flatbed truck, Fig. 1) through which the container at the collection site is accessible to the collection vehicle from outside the delimiting perimeter of the farm; and in that the system further comprises: a refrigeration chamber (Interior of 1) dimensioned to enclose the container and provided with a door (doors shown, Fig. 1) next to the collection site; the refrigeration unit (5) is arranged to maintain the refrigeration chamber at or below a predetermined temperature while its door is closed; (page 2 second paragraph from bottom) and a container translation unit (11) configured to move the container from the refrigeration chamber to the collection site and from the collection site to the refrigeration chamber while the door is open. (Fig. 1 and 4)
Wapa does not teach a collection box provided with a top load opening; a loading mechanism mounted to the collection vehicle and configured to grasp the container at the collection site, lift and tip the container to unload the dead livestock into the collection box of the vehicle through the top load opening, and to return the container to the collection site;
However, Koga et al. teach a collection box (28) provided with a top load opening (opening covered by 36); a loading mechanism (30) mounted to the collection vehicle and configured to grasp the container at the collection site, (Fig. 1) lift and tip the container to unload the dead livestock into the collection box of the vehicle through the top load opening, and to return the container to the collection site; (Column 4, Lines 44-54) and wherein the loading mechanism of the collection vehicle comprises a front lifting arm (32), and wherein the container is adapted to be handled with said front lifting arm; (Fig. 1) and wherein the collection vehicle comprises a loading control located within the driver's cab, said loading control being configured to control the loading mechanism of the collection vehicle; (Fig. 13) (Column 11, Lines 3-54) and wherein the top loading opening of the collection box of the collection vehicle has a top door (36) and a top door actuator arranged to move the top door between an open position and a closed position, and wherein the loading control is configured to activate the top door actuator in coordination with the loading mechanism; (Column 4, Line 60-67) and wherein the collection box (28) of the collection vehicle is configured to tilt (Fig. 8) and has a rear discharge door (26) hinged to a horizontal axis (102).
It would have been obvious to one having ordinary skill in the art before the application was filed to add a collection box top load opening and loading mechanism to the system of Wapa as taught by Koga et al. with a reasonable expectation for success in order to provide an energy efficient method of handling the container and reducing operator burden.
Wapa does not teach a door actuation unit of the refrigeration chamber arranged to open and close its door);
However, Ballester teaches a door actuation unit (9) of the refrigeration chamber (4) arranged to open and close its door (8);
It would have been obvious to one having ordinary skill in the art before the application was filed to add a door actuation unit to the system of Wapa as taught by Ballester with a reasonable expectation for success in order to reduce the chances of the door being inadvertently closed or left open.
In Re Claim 14, Wapa teaches wherein the container translation unit (11) comprises guide elements (11) arranged from inside the refrigeration chamber (1) to the collection site, a support platform (15) configured to support the container (5), and a translation actuator (motor 12) configured to move the support platform along the guide elements.
Allowable Subject Matter
Claims 4-7 and 10-13 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.
Claim 2 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Fox teaches a trash handling and storage system with a refrigeration unit and a collection vehicle. Curotto and Dunbar teach grasping a container with a loading mechanism of a collection vehicle and dumping the container into a collection box of the collection vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLENN F MYERS whose telephone number is (571)270-1160. The examiner can normally be reached M-F 8-4 PM.
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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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GLENN F. MYERS
Examiner
Art Unit 3652
/GLENN F MYERS/Examiner, Art Unit 3652