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 .
DETAILED ACTION
Applicant's amendment filed on 12/31/25 necessitated the new ground(s) of rejection of claims 1-20 presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
This action is a final rejection and is intended to close the prosecution of this application. Applicant’s reply under 37 CFR 1.113 to this action is limited either to an appeal to the Patent Trial and Appeal Board or to an amendment complying with the requirements set forth below.
If applicant should desire to appeal any rejection made by the examiner, a Notice of Appeal must be filed within the period for reply identifying the rejected claim or claims appealed.
If applicant should desire to file an amendment, entry of a proposed amendment after final rejection cannot be made as a matter of right unless it merely cancels claims or complies with a formal requirement made earlier. Amendments touching the merits of the application which otherwise might not be proper may be admitted upon a showing a good and sufficient reasons why they are necessary and why they were not presented earlier.
A reply under 37 CFR 1.113 to a final rejection must include the appeal from, or cancellation of, each rejected claim. The filing of an amendment after final rejection, whether or not it is entered, does not stop the running of the statutory period for reply to the final rejection unless the examiner holds the claims to be in condition for allowance. Accordingly, if a Notice of Appeal has not been filed properly within the period for reply, or any extension of this period obtained under either 37 CFR 1.136(a) or (b), the application will become abandoned.
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 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.
1. Claims 1, 3-6, 8-11 and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duell et al. (US 6,123,497).
[CLAIM 1] Regarding claim 1, Duell discloses a system for a refuse vehicle, comprising: a carry can including a grabber arm (Duell, FIG 4, illustrates a conventional refuse lifting system which is exemplary and can be modified as desired without altering the control system and electro-hydraulic power scheme); and an auxiliary power system integrated with the carry can and the auxiliary power system including a hydraulic pump (Duell FIG 7 illustrates an auxiliary power system for refuse collection via can and the can and aux system are fluidly connected at assembly) disposed on and coupled to the carry can (The systems/components are coupled at assembly) and configured to pressurize hydraulic fluid and provide the hydraulic fluid to one or more actuators (Pumps inherently pressurize fluid to move pistons which provide fluid to actuators); and an electric motor disposed on and coupled to the carry can and configured to power the hydraulic pump (Duell, Column 9, lines 50-55 discloses an exemplary motor and any number of additional motors can be employed to operate the auxiliary power for refuse collection including grabbers and containers as desired).
[CLAIM 3] Regarding claim 3, Duell discloses the system of Claim 1, further comprising a cooling system configured to thermally regulate the electric motor (Duell discloses an ICE, see Column 12, lines 50-55 which inherently includes a thermal management e.g. coolant system and can incorporate a cooling loop to include the motor(s) if desired to manage temperature).
[CLAIM 4] Regarding claim 4, Duell discloses the system of Claim 1, further including one or more electrical energy storage devices configured to power the electric motor (Vehicles inherently include power storage for operation of electronics such as motors and controllers).
[CLAIM 5] Regarding claim 5, Duell discloses the system of Claim 4, wherein at least one of the one or more electrical energy storage devices are removably coupled to the refuse vehicle (All vehicle components including energy stores are ultimately removable for service and replacement).
[CLAIM 6] Regarding claim 6, Duell discloses a system for a refuse vehicle, comprising: a tailgate (Duell, tailgate 45 and 145); and an auxiliary power system (Duell FIG 7) including: a hydraulic pump coupled to the tailgate (Duell, column 10, lines 45-50 discloses "Tailgate cylinders 122 power body tailgate 145 (not shown) to open, closed and locked positions. Tailgate cylinders 122 are normally simple double-acting hydraulic piston cylinders." Hydraulic cylinders require a pump and motive power which are known and selectable sources such as such a motor or PTO or ICE and combine integrally at assembly) and configured to pressurize hydraulic fluid and provide the hydraulic fluid to a carry can (Duell, FIG 4 illustrates a refuse collection system which can selectively operate using the auxiliary system in order to feed tailgates 45 and 145 hydraulic cylinders); and an electric motor configured to power the hydraulic pump (Duell, Column 9, lines 50-55 discloses an exemplary motor. Any number of additional motors can be employed to operate the auxiliary power for refuse collection).
[CLAIM 8] Regarding claim 8, Duell discloses the system of Claim 6, further comprising a cooling system configured to thermally regulate the electric motor (Duell discloses an ICE in Duell, Column 12, lines 50-55 which inherently includes a thermal management e.g. cooling system and can incorporate a cooling loop to include the motor(s) if desired to manage temperature).
[CLAIM 9] Regarding claim 9, Duell disclose the system of Claim 6, further including one or more electrical energy storage devices configured to power the electric motor (Duell discloses an electro-hydraulic system which can include any number of battery modules to fit particular vehicle applications as desired).
[CLAIM 10] Regarding claim 10, Duell discloses the system of Claim 9, wherein at least one of the one or more electrical energy storage devices are removably coupled to the refuse vehicle (Vehicles inherently include power storage for operation of electronics such as motors and controllers. All vehicle components are removable for service and replacement).
[CLAIM 11] Regarding claim 11, Duell discloses a refuse vehicle, comprising: a chassis (Duell, FIG 4); a body assembly (Duell, FIG 4) coupled to the chassis, the body assembly defining a refuse compartment (Duell, FIG 4); a lift assembly (Duell, FIG 4) coupled to the chassis; a carry can (Duell, FIG 4) removably coupled to the lift assembly (Duell, FIG 4); and an auxiliary power system integrated with carry can (Duell FIG 7 illustrates an auxiliary power system for refuse collection via can and the can and aux system are fluidly connected at assembly) and including: a hydraulic pump disposed on coupled to the carry can and configured to pressurize hydraulic fluid and provide the hydraulic fluid to one or more actuators (Duell discloses a plurality of hydraulic embodiments and hydraulic cylinders require a pump and motive power (performing lift/lower function) which are known and selectable sources such as such a motor or PTO or ICE and the systems are fluidly coupled at assembly); and an electric motor coupled to the (Duell, Column 9, lines 50-55 discloses an exemplary motor. Any number of additional motors can be employed to operate the auxiliary power for refuse collection including one or more carry can devices) carry can and configured to power the hydraulic pump (Duell when assembled, has all components connected in fluid communication including picker devices such as grabbers and containers at assembly).
[CLAIM 13] Regarding claim 13, Duell discloses the refuse vehicle of Claim 11, further include one or more electrical energy storage devices configured to power the electric motor (Vehicles inherently include power storage for operation of electronics such as motors and controllers).
[CLAIM 14] Regarding claim 14, Duell discloses the refuse vehicle of Claim 11, further include one or more electrical energy storage devices configured to power the electric motor (Vehicles inherently include power storage for operation of electronics such as motors and controllers).
[CLAIM 15] Regarding claim 15, Duell discloses the refuse vehicle of Claim 14, wherein at least one of the one or more electrical energy storage devices are removably coupled to the body assembly of the refuse vehicle (All vehicle components are ultimately removable for service and replacement).
[CLAIM 16] Regarding claim 16, Duell discloses the refuse vehicle of Claim 14, wherein at least one of the one or more electrical energy storage devices are coupled to the carry can (Duell, when assembled, has every component such as batteries of the vehicle fluidly coupled including lift devices and carry cans selectively actuated as desired).
[CLAIM 17] Regarding claim 17, Duell discloses the refuse vehicle of Claim 14, further comprising an internal combustion engine and an alternator coupled to the internal combustion engine, wherein the internal combustion engine is configured to drive the alternator to charge the one or more electrical energy storage devices (ICE and alternators are conventional in the art and used in combination to power and charge as needed for particular vehicle applications).
[CLAIM 18] Regarding claim 18, Duell disclose the refuse vehicle of Claim 17, further comprising a wheel (Duell, FIG 4) coupled to the chassis, wherein the internal combustion engine is configured to drive the wheel (An ICE inherently drives select wheels of a vehicle).
[CLAIM 19] Regarding claim 19, Duell discloses the refuse vehicle of Claim 11, further comprising a controller operatively coupled to the auxiliary power system and configured to vary operation of the auxiliary power system (Duell, FIG 7 is an exemplary control schematic suitable for a plurality of refuse collection vehicles) in response to the carry can being coupled to the lift assembly (Duell is replete with examples of control logic for refuse collection function and can be modified as desired to optimize hydraulic motion, see Column 9, lines 40-60 the "Digitrak" microprocessor system).
[CLAIM 20] Regarding claim 20, Duell discloses the refuse vehicle of Claim 11, further comprising a controller operatively coupled to the auxiliary power system and configured to vary operation of the auxiliary power system in response to the carry can being decoupled from to the lift assembly (Duell is replete with examples of control logic for refuse collection function and can be modified as desired to optimize hydraulic motion, see Column 9, lines 40-60 the "Digitrak" microprocessor system operable to work with lifting components such as grabbers and containers).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
1. Claims 1, 3-6, 8-11 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Duell et al. (US 6,123,497).
[CLAIM 1] Regarding claim 1, Duell discloses a system for a refuse vehicle, comprising: a carry can including agrabber arm (Duell, FIG 4, illustrates a conventional refuse lifting system which is exemplary and can be modified as desired without altering the control system and electro-hydraulic power scheme); and an auxiliary power system including:
a hydraulic pump (Duell FIG 7 illustrates an auxiliary power system for refuse collection) coupled to the carry can (Duell, when assembled has every component of the vehicle coupled including pick devices like can grabbers and carry cans) and configured to pressurize hydraulic fluid and provide the hydraulic fluid to one or more actuators (Duell, Claim 2); and an electric motor coupled to the carry can and configured to power the
hydraulic pump (Duell, Column 9, lines 50-55 discloses an exemplary motor and any number of additional motors can be employed to operate the auxiliary power for refuse collection including grabbers and containers as desired).
-However, it fails to explicitly state “an auxiliary power system integrated with the carry can.”
-Nevertheless, making integral has been held obvious, see In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
-Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Duell with a reasonable expectation of success in order to reduce manufacturing complexity which reduces time and cost.
-Regarding the further amendment limitations “disposed on”. Examiner respectfully asserts that once assembled, all of the powertrain components are disposed/connected in order to operate as desired. Regarding change in position see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
-Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Duell to have a hydraulic pump and motor coupled to a lift structure (carry can) with a reasonable expectation of success in order to reduce repair and assembly time.
[CLAIM 3] Regarding claim 3, Duell discloses the system of Claim 1, further comprising a cooling system configured to thermally regulate the electric motor (Duell discloses an ICE (Column 12, lines 50-55) which inherently includes a thermal management e.g. coolant system and can incorporate a cooling loop to include the motor(s) if desired to manage temperature).
[CLAIM 4] Regarding claim 4, Duell discloses the system of Claim 1, further including one or more electrical energy storage devices configured to power the electric motor (Vehicles inherently include power storage for operation of electronics such as motors and controllers).
[CLAIM 5] Regarding claim 5, Duell discloses the system of Claim 4, wherein at least one of the one or more electrical energy storage devices are removably coupled to the refuse vehicle (All vehicle components including energy stores are ultimately removable for service and replacement).
[CLAIM 6] Regarding claim 6, Duell discloses a system for a refuse vehicle, comprising: a tailgate (Duell, tailgate 45 and 145); and an auxiliary power system (Duell FIG 7) including: a hydraulic pump coupled to the tailgate (Duell, column 10, lines 45-50 discloses "Tailgate cylinders 122 power body tailgate 145 (not shown) to open, closed and locked positions. Tailgate cylinders 122 are normally simple double-acting hydraulic piston cylinders." Hydraulic cylinders require a pump and motive power which are known and selectable sources such as such a motor or PTO or ICE) and configured to pressurize hydraulic fluid and provide the hydraulic fluid to a carry can (Duell, FIG 4 illustrates a refuse collection system which can selectively operate using the auxiliary system in order to feed tailgates 45 and 145 hydraulic cylinders); and an electric motor configured to power the hydraulic pump (Duell, Column 9, lines 50-55 discloses an exemplary motor and any number of additional motors can be employed to operate the auxiliary power for refuse collection).
-However, it fails to explicitly state “an auxiliary power system integrated with the tailgate.
-Nevertheless, making integral has been held obvious, see In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
-Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Duell to have an integrated tailgate and (hydraulic or pneumatic) power system with a reasonable expectation of success in order to reduce assembly and manufacturing complexity which reduces time and cost.
-Regarding the new amendment limitations “disposed on and coupled to”. Examiner respectfully asserts that once assembled, all of the powertrain components are disposed/coupled in order to operate as desired and positioned as desired without altering function. Regarding change in position see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
-Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Duell to have a hydraulic pump dispose on and coupled to a tailgate with a reasonable expectation of success in order to reduce repair and assembly time by easing access.
[CLAIM 8] Regarding claim 8, Duell discloses the system of Claim 6, further comprising a cooling system configured to thermally regulate the electric motor (Duell discloses an ICE Column 12, lines 50-55) which inherently includes a thermal management e.g. cooling system and can incorporate a cooling loop to include the motor(s) if desired to manage temperature).
[CLAIM 9] Regarding claim 9, Duell disclose the system of Claim 6, further including one or more electrical energy storage devices configured to power the electric motor (Duell discloses an electro-hydraulic system which can include any number of battery modules to fit particular vehicle applications as desired).
[CLAIM 10] Regarding claim 10, Duell discloses the system of Claim 9, wherein at least one of the one or more electrical energy storage devices are removably coupled to the refuse vehicle (Vehicles inherently include power storage for operation of electronics such as motors and controllers. All vehicle components are removable for service and replacement).
[CLAIM 11] Regarding claim 11, Duell discloses a refuse vehicle, comprising: a chassis (Duell, FIG 4); a body assembly (Duell, FIG 4) coupled to the chassis, the body assembly defining a refuse compartment (Duell, FIG 4); a lift assembly (Duell, FIG 4) coupled to the chassis; a carry can (Duell, FIG 4) removably coupled to the lift assembly (Duell, FIG 4); and an auxiliary power system including: a hydraulic pump (Duell discloses a plurality of hydraulic embodiments and hydraulic cylinders require a pump and motive power which are known and selectable sources such as e.g. motor, PTO or ICE) coupled to the carry can and configured to pressurize hydraulic fluid and provide the hydraulic fluid to one or more actuators; and an electric motor coupled to the (Duell, Column 9, lines 50-55 discloses an exemplary motor. Any number of additional motors can be employed to operate the auxiliary power for refuse collection including one or more carry can devices) carry can and configured to power the hydraulic pump (Duell when assembled, has all components connected in fluid communication including picker devices such as grabbers and containers).
-However, it fails to explicitly state “an auxiliary power system integrated with the carry can.
-Nevertheless, making integral has been held obvious, see In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
-Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Duell with a reasonable expectation of success in order to reduce manufacturing complexity which reduces assembly time and cost.
-Regarding the further amendment limitations “disposed on”. Examiner respectfully asserts that once assembled, all of the powertrain components are disposed/connected in order to operate as desired. Regarding change in position see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
-Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Duell to have a hydraulic pump and motor coupled to a lift structure (carry can) with a reasonable expectation of success in order to reduce repair and assembly time having outside access to the lift structure.
[CLAIM 13] Regarding claim 13, Duell discloses the refuse vehicle of Claim 11, further include one or more electrical energy storage devices configured to power the electric motor (Vehicles inherently include power storage for operation of electronics such as motors and controllers).
[CLAIM 14] Regarding claim 14, Duell discloses the refuse vehicle of Claim 11, further include one or more electrical energy storage devices configured to power the electric motor (Vehicles inherently include power storage for operation of electronics such as motors and controllers).
[CLAIM 15] Regarding claim 15, Duell discloses the refuse vehicle of Claim 14, wherein at least one of the one or more electrical energy storage devices are removably coupled to the body assembly of the refuse vehicle (All vehicle components are ultimately removable for service and replacement).
[CLAIM 16] Regarding claim 16, Duell discloses the refuse vehicle of Claim 14, wherein at least one of the one or more electrical energy storage devices are coupled to the carry can (Duell, when assembled, has every component such as batteries of the vehicle fluidly coupled including lift devices and carry cans selectively actuated as desired).
[CLAIM 17] Regarding claim 17, Duell discloses the refuse vehicle of Claim 14, further comprising an internal combustion engine and an alternator coupled to the internal combustion engine, wherein the internal combustion engine is configured to drive the alternator to charge the one or more electrical energy storage devices (ICE and alternators are conventional in the art and used in combination to power and charge as needed).
[CLAIM 18] Regarding claim 18, Duell disclose the refuse vehicle of Claim 17, further comprising a wheel (Duell, FIG 4) coupled to the chassis, wherein the internal combustion engine is configured to drive the wheel (An ICE inherently drives select wheels of a vehicle).
[CLAIM 19] Regarding claim 19, Duell discloses the refuse vehicle of Claim 11, further comprising a controller operatively coupled to the auxiliary power system and configured to vary operation of the auxiliary power system (Duell, FIG 7 is an exemplary control schematic suitable for a plurality of refuse collection vehicles) in response to the carry can being coupled to the lift assembly (Duell is replete with examples of control logic for refuse collection function and can be modified as desired to optimize hydraulic motion, see Column 9, lines 40-60 the "Digitrak" microprocessor system).
[CLAIM 20] Regarding claim 20, Duell discloses the refuse vehicle of Claim 11, further comprising a controller operatively coupled to the auxiliary power system and configured to vary operation of the auxiliary power system in response to the carry can being decoupled from to the lift assembly (Duell is replete with examples of control logic for refuse collection function and can be modified as desired to optimize hydraulic motion, see Column 9, lines 40-60 the "Digitrak" microprocessor system operable to work with lifting components such as grabbers and containers).
2. Claims 2, 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Duell et al. (US 6,123,497) in view of Ambrosio (US PG PUB NO 2009/0018716).
[CLAIM 2] Regarding claim 2, Duell discloses the system of Claim 1.
-However, it fails to disclose a power take-off.
-Nevertheless, Ambrosio discloses an exemplary utility vehicle with a PTO (3) suitable for providing alternate refuse collection auxiliary power.
- Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Duell to incorporate a PTO drive as taught by Ambrosio with a reasonable expectation of success in order to provide additional auxiliary power to any component including refuse collection systems.
[CLAIM 7] Regarding claim 7, Duell discloses the system of Claim 6.
-However, it fails to disclose a power take-off.
-Nevertheless, Ambrosio discloses an exemplary utility vehicle with a PTO (3) suitable for providing alternate refuse collection auxiliary power.
- Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Duell to incorporate a PTO drive as taught by Ambrosio with a reasonable expectation of success in order to provide additional auxiliary power to any component including refuse collection systems.
[CLAIM 12] Regarding claim 12, Duell discloses the refuse vehicle of Claim 11.
-However, it fails to disclose a power take-off.
-Nevertheless, Ambrosio discloses an exemplary utility vehicle with a PTO (3) suitable for providing alternate refuse collection auxiliary power.
- Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Duelll to incorporate a PTO drive as taught by Ambrosio with a reasonable expectation of success in order to provide additional auxiliary power to any component including refuse collection systems.
Double Patenting
The Double Patenting rejection filed in the Examiners response dated 10/1/25 will be held in abeyance pending the current prosecution pursuant to Applicant’s request in the response dated 12/31/25.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found on the attached Notice of References Cited.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached on (571)272-.4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J TRIGGS/Examiner, Art Unit 3615
/MARC Q JIMENEZ/Supervisory Patent Examiner, Art Unit 3615
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