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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-24 in the reply filed on 6/24/2026 is acknowledged. However, in view of Applicant’s amendments to the claims, the restriction requirement between Groups I and II is withdrawn.
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.
Claims 1-7, 10, 12-18, 21, 25, 26, 28, 29, 43-46, 49, and 51-54 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rocholl et al. (US 2020/0346861 A1), hereafter referred to as Rocholl ‘861.
Consider claim 1. Rocholl ‘861 teaches a waste packing device comprising: a chute (portion of 230 proximate the cab) comprising an opening (opening of 230 through which 240/840 passes); a packer blade (840) configured to translate back and forth in the chute; a rod (850) pivotally coupled to the packer blade; and a drive unit (844) pivotally coupled to the rod and operable to move the packer blade back and forth in the chute to push waste through the opening of the chute.
Consider claim 2. Rocholl ‘861 teaches that the packer blade is operable to advance waste from the chute into a container (230) for receiving waste.
Consider claim 3. Rocholl ‘861 teaches a hopper (hopper within top door 38) configured to direct waste onto the packer blade.
Consider claim 4. Rocholl ‘861 teaches that the packer blade is configured to extend beyond the chute (toward the rear of the vehicle, see fig. 14).
Consider claim 5. Rocholl ‘861 teaches that the chute comprises a curved bottom portion or a square bottom portion (see fig. 13).
Consider claim 6. Rocholl ‘861 teaches that the rod comprises a first end (858) and a second end (856), the first end of the rod is coupled to the packer blade and the second end of the rod is coupled to the drive unit.
Consider claim 7. Rocholl ‘861 teaches that the drive unit comprises a rotating component (846) and an electric motor (844) coupled to the rotating component.
Consider claim 10. Rocholl ‘861 teaches that the drive unit comprises an outrunner/hub motor system (844, 846, etc.); and the outrunner/hub motor system comprises a rotating component (846) configured to move the packer blade back and forth in the chute.
Consider claim 12. Rocholl ‘861 teaches a controller (see paragraph [0058]) coupled to the drive unit, wherein the controller is operable to control the drive unit to move the packer blade forward and back in the chute.
Consider claim 13. Rocholl ‘861 teaches that the controller is configured to control the drive unit to selectively hold the packer blade in a fixed position in the chute (no actuation of 844).
Consider claim 14. Rocholl ‘861 teaches that the controller is configured to control the drive unit to hold the packer blade a forward-most position in the chute (see fig. 13).
Consider claim 15. Rocholl ‘861 teaches a brake configured to hold the packer blade in a selected position in the chute (no actuation of 844).
Consider claim 16. Rocholl ‘861 teaches that the brake is a motor brake (no actuation of 844).
Consider claim 17. Rocholl ‘861 teaches a brake configured to hold the packer blade in a selected position in the chute (no actuation of 844); and a controller (see paragraph [0058]) coupled to the brake and configured to apply the brake to hold the packer blade in a selected position in the chute.
Consider claim 18. Rocholl ‘861 teaches that the packer blade comprises: a leading portion (lower portion of 840; see fig. 13) comprising a leading end (lower, vertical portion of 840; see fig. 13); and a trailing portion (upper, vertical portion of 840; see fig. 13), and the leading portion comprises a sloping nose section (sloping portion of 840; see fig. 13) configured to direct waste toward the leading end of the packer blade.
Consider claim 21. Rocholl ‘861 teaches a container (230) configured to receive waste pushed through the chute by the packer blade; and an ejector panel (rear panel of 840, see fig. 13) configured to push waste out of the container.
Consider claim 25. Rocholl ‘861 teaches a vehicle (10) for collecting waste, the vehicle comprising: a frame (12); and a waste collecting device (14) secured to the frame, the waste collecting device comprising: a container (230) enclosing a waste receiving volume, and a waste packing device (see fig. 13) coupled to the container, the waste packing device comprising: a chute (portion of 230 proximate the cab) comprising an opening (opening of 230 through which 240/840 passes); a packer blade (840) configured to translate back and forth in the chute; a rod (850) pivotally coupled to the packer blade; and a drive unit (844) pivotally coupled to the rod and operable to move the packer blade back and forth in the chute to push waste through the opening of the chute and into the waste receiving volume.
Consider claim 26. Rocholl ‘861 teaches a hopper (hopper within top door 38) configured to direct waste onto the packer blade.
Consider claim 28. Rocholl ‘861 teaches that the container comprises: a first end (rear) and a second end (front) spaced apart from the first end along a longitudinal axis, an end wall (34) located at the first end; and an ejector panel (rear panel of 840, see fig. 13) located at the second end, the waste receiving volume is defined by a space between the end wall and the ejector panel, and the ejector panel is configured to push waste through and out of the waste receiving volume during an unloading sequence by moving along the longitudinal axis between the first and second ends within the waste receiving volume and relative to a floor of the container (see figs. 13 and 14).
Consider claim 29. Rocholl ‘861 teaches a blocking device (38) coupled to the ejector panel and configured to move along a direction perpendicular to the longitudinal axis between a first position (closed), in which the blocking device inhibits waste in the waste receiving volume from entering the opening as the ejector panel moves along the longitudinal axis, and a second position (open), in which waste is uninhibited from entering the waste receiving volume through the opening.
Consider claim 43. Rocholl ‘861 teaches that the packer blade is configured to extend beyond the chute (toward the rear of the vehicle, see fig. 14).
Consider claim 44. Rocholl ‘861 teaches that the chute comprises a curved bottom portion or a square bottom portion (see fig. 13).
Consider claim 45. Rocholl ‘861 teaches that the rod comprises a first end (858) and a second end (856), the first end of the rod is coupled to the packer blade and the second end of the rod is coupled to the drive unit.
Consider claim 46. Rocholl ‘861 teaches that the drive unit comprises a rotating component (846) and an electric motor (844) coupled to the rotating component.
Consider claim 49. Rocholl ‘861 teaches that the drive unit comprises an outrunner/hub motor system (844, 846, etc.); and the outrunner/hub motor system comprises a rotating component (846) configured to move the packer blade back and forth in the chute.
Consider claim 51. Rocholl ‘861 teaches a controller (see paragraph [0058]) coupled to the drive unit, wherein the controller is operable to control the drive unit to move the packer blade forward and back in the chute.
Consider claim 52. Rocholl ‘861 teaches a brake configured to hold the packer blade in a selected position in the chute (no actuation of 844).
Consider claim 53. Rocholl ‘861 teaches that the brake is a motor brake (no actuation of 844).
Consider claim 54. Rocholl ‘861 teaches that the packer blade comprises: a leading portion (lower portion of 840; see fig. 13) comprising a leading end (lower, vertical portion of 840; see fig. 13); and a trailing portion (upper, vertical portion of 840; see fig. 13), and the leading portion comprises a sloping nose section (sloping portion of 840; see fig. 13) configured to direct waste toward the leading end of the packer blade.
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, 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.
Claims 8 and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Rocholl ‘861 (US 2020/0346861 A1) in view of Rocholl et al. (US 2020/0346862 A1), hereafter referred to as Rocholl ‘862.
Consider claims 8 and 47. Rocholl ‘861 teaches that the drive unit comprises a rotating component (846); and one end of the rod is pivotally coupled to the rotating component at a pivot point (856) offset from a rotation axis of the rotating component. Rocholl ‘861 does not explicitly teach that the rotating component comprises a bull sprocket as specifically claimed. Rocholl ‘862 teaches that bull sprockets are well-known in the art (see paragraph [0163]). It would have been obvious to a person having ordinary skill in the art to modify the rotating component of Rocholl ‘861 with a bull sprocket as taught by Rocholl ‘862 as a matter of simple substitution of known mechanical elements with the predictable result of transferring a rotational motion and torque from a motor to a linkage.
Claims 9, 11, 48, and 50 are rejected under 35 U.S.C. 103 as being unpatentable over Rocholl ‘861 (US 2020/0346861 A1) in view of Smith et al. (US 5,890,865), hereafter referred to as Smith.
Consider claims 9 and 48. Rocholl ‘861 teaches that the drive unit comprises: a drive motor (844); a rotating component (846) pivotally coupled to a first end of the rod; and the motor is operable to turn the rotating component to move the packer blade back and forth in the chute (see figs. 13 and 14). Rocholl ‘861 does not explicitly teach a drive chain as specifically claimed. Smith teaches a drive chain (102) operably coupled between a motor (90, 100) and a rotating component (104). It would have been obvious to a person having ordinary skill in the art to modify the drive unit of Rocholl ‘861 with a drive chain as taught by Smith in order to change the torque of the drive unit to meet the requirements of the system.
Consider claims 11 and 50. Rocholl ‘861 teaches that the drive unit comprises a rotating component (846) configured to move the packer blade back and forth in the chute (see figs. 13 and 14). Rocholl ‘861 does not explicitly teach that the drive unit comprises a timing belt and pulley system as specifically claimed. Smith teaches a timing belt and pulley system (100, 102, etc.; see fig. 6). It would have been obvious to a person having ordinary skill in the art to modify the drive unit of Rocholl ‘861 with a timing belt and pulley system as taught by Smith in order to change the torque of the drive unit to meet the requirements of the system.
Claims 19, 20, and 55 are rejected under 35 U.S.C. 103 as being unpatentable over Rocholl ‘861 (US 2020/0346861 A1), embodiment of fig. 13 in view of embodiment of fig. 23.
Consider claims 19, 20, and 55. In the embodiment of fig. 13, Rocholl ‘861 does not explicitly teach guide rails as specifically claimed. In the embodiment of fig. 23, Rocholl ‘861 teaches one or more guide rails (1360), wherein the packer blade is slidably coupled to at least one of the one or more guide rails (see fig. 23). In the embodiment of fig. 23, Rocholl ‘861 teaches that the one or more guide rails comprise a pair of opposing guide rails (1360), wherein the packer blade is slidably coupled between the pair of opposing guide rails (see fig. 23). It would have been obvious to a person having ordinary skill in the art to modify the embodiment of fig. 13 of Rocholl ‘861 with guide rails as taught by the embodiment of fig. 23 of Rocholl ‘861 in order to maintain proper alignment of the packer blade during compaction of waste.
Claims 22-24 and 56 are rejected under 35 U.S.C. 103 as being unpatentable over Rocholl ‘861 (US 2020/0346861 A1), embodiment of fig. 13 in view of embodiment of fig. 18.
Consider claims 22-24 and 56. In the embodiment of fig. 13, Rocholl ‘861 does not explicitly teach projections on the packer blade as specifically claimed. In the embodiment of fig. 18, Rocholl ‘861 teaches a packer blade (1140) comprising one or more projections on a surface of the packer blade (at left and right sides of 1140, see fig. 18) configured to inhibit waste from backing up on a ramp of the packer blade. In the embodiment of fig. 18, Rocholl ‘861 teaches that the packer blade comprises two or more projections on a surface of the packer blade (at left and right sides of 1140, see fig. 18), wherein at least one of the two or more projections is a snaggletooth projection (see fig. 18). It would have been obvious to a person having ordinary skill in the art to modify the embodiment of fig. 13 of Rocholl ‘861 with projections as taught by the embodiment of fig. 18 of Rocholl ‘861 in order to direct waste being compacted by the packer blade.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The attached PTO-892 lists references which teach various refuse vehicles having packer blades.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN D SNELTING whose telephone number is (571)270-7015. The examiner can normally be reached Monday-Friday, 8:00-4:30 EST.
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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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/JONATHAN SNELTING/Primary Examiner, Art Unit 3652
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