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 .
Response to Amendment
The amendment to the claims filed on 09/09/2026 has been entered into record. Claims 1, 4-13, 15 and 19 are amended, and claims 2-3 are cancelled. Claims 1, 4-20 are pending and treated as below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lutz et al. (US 5314290 A) in view of Pruteanu et al. (US 8182194 B2) and further in view of US 9845191 B2 (Schwartz et al., hereinafter: Schwartz, cited on PTO 892 which was attached to non-final office action mailed out on 06/09/2026).
Regarding claim 1, Lutz et al. teaches a refuse vehicle comprising (Fig. 7, column 1, lines 50-53):
a chassis (Fig. 7);
a refuse compartment (24) supported by the chassis (it can be seen in fig. 7) and defined by at least one of a first sidewall (Fig. 35, 30) a second sidewall (Fig. 35, 32) opposite the first sidewall (it can be seen in fig. 11 and 35), or a bottom wall (Fig. 34, 28);
a packing assembly including (It can be seen in Fig. 7, 48, 50):
a pack panel (50);
a packing actuator (Fig. 7, 48) coupled to the pack panel (50, it can be seen in Fig. 7), wherein
the packing actuator (48) is configured to selectively move the pack panel between a retracted position and an extended position (It can be seen in fig. 7, column 2 lines 15-17);
a first scraper (Fig. 34-35, 128-left side) coupled with the pack panel proximate the first sidewall (Fig. 35, 30) and configured to engage with the first sidewall (it can be seen in fig. 34 and 35);
a second scraper (Fig. 34-35, 128-right side) coupled with the pack panel proximate the second sidewall (Fig. 35, 32) and configured to engage with the second sidewall (it can be seen in fig. 34 and 35); and
a third scraper (Fig. 34, 126) coupled to the pack panel proximate the bottom wall (Fig. 34, 28) and configured to engage with the bottom wall (it can be seen in fig. 34 and 35);
Lutz et al. does not explicitly teach wherein the first scraper, the second scraper, and the third scraper are configured to be selectively repositionable relative to the pack panel.
Pruteanu et al. teaches a scraper (Fig. 5-6, 42) configured to be selectively repositionable (column 2, lines 50-53) relative to the pack panel (Fig. 3, 30).
(Note: Pruteanu et al. teaches how to attach scrapers which can be repositionable, which are well known in art. Ordinary skilled person in the art will be able to modify the scrapers 128 and 126 of Lutz et al. to be repositionable relative to follower plate to engage with the side walls. See Fig. 6, scraper 42 and column 2, lines 50-53.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified Lutz et al. by incorporating a scraper configured to be selectively repositionable relative to the pack panel in view of Pruteanu et al. in order to allow adjustment of the high or gap of the scraper (column 2, line 51).
A combination of Lutz and Pruteanu et al. does not explicitly teach wherein the first scraper, the second scraper, and the third scraper extend parallel to a vertical plane defined by an outer surface of the pack panel.
Schwartz teaches the first scraper, the second scraper (see attached annotated fig. 5), and the third scraper (63, see attached annotated fig. 5) extend parallel to a vertical plane (it can be seen in fig.5) defined by an outer surface of the pack panel (Fig. 5, 62). (Note: Schwartz is silent about first and second scrapers, Rejection is relied upon Schwartz for teaching a concept of having scrapers extend parallel to a vertical plane defined by an outer surface of the pack panel. Ordinary skilled person in the art will be able to modify the scrapers 128 and 126 the combination of Lutz et al. and Pruteanu et al. to have scrapers extend parallel to a vertical plane defined by an outer surface of the pack panel as shown in fig. 5.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Lutz et al. and Pruteanu et al. by incorporating the first scraper, the second scraper, and the third scraper extend parallel to a vertical plane defined by an outer surface of the pack panel in view of Schwartz in order to reduce reduces the amount of refuse that migrates behind ejector during extension and refraction of hydraulic cylinders (column 7, lines 4-5).
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Regarding claim 4, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 1. Lutz et al. teaches the first scraper (128, left) and the second scraper (128, right). Lutz et al. does not explicitly teach the first scraper and the second scraper are laterally repositionable within the vertical plane (vertical plan can be seen in fig. 34 and 35) relative to the pack panel. (See note in rejection of claim 1.)
Pruteanu et al. teaches conventional first scrapers and the second scrapers (42) that are laterally repositionable/adjustable (column 2, lines 50-53) within the vertical plane relative to the pack panel (it can be seen in fig. 5-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Lutz et al., Pruteanu et al. and Schwartz by incorporating wherein the first scraper and the second scraper are laterally repositionable within the vertical plane relative to the pack panel in view of Pruteanu et al. in order to allow adjustment of the high or gap of the scrapers (column 2, line 51).
Regarding claim 5, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 1. Lutz et al. also teaches wherein the first scraper (128), and the second scraper (128) in a first direction (It can be seen in fig. 35) and the third scraper (126) is in a second direction (it can be seen Fig. 34) and wherein the first direction and the second direction are substantially perpendicular (it can be seen in Fig. 34 and 35).
Lutz et al. does not explicitly teach wherein the first scraper and the second scraper are selectively repositionable in a first direction and the third scraper is selectively repositionable in a second direction, (Lutz et al. scrapers are not adjustable).
Pruteanu et al. teaches wherein the first scraper, and the second scraper are selectively repositionable in a first direction and the third scraper is selectively repositionable in a second direction, and wherein the first direction and the second direction are substantially perpendicular. (See note in rejection of claim 1.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Lutz et al., Pruteanu et al. and Schwartz by incorporating wherein the first scraper and the second scraper are selectively repositionable in a first direction and the third scraper is selectively repositionable in a second direction in view of Pruteanu et al. in order to allow adjustment of the high or gap of the scrapers (column 2, line 51).
Regarding claim 6, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 1. Lutz et al. also teaches wherein the third scraper (Fig. 34, 126) is vertically repositionable (it can be seen in fig. 34) within the vertical plane (vertical plan can be seen in fig. 34 and 35) relative to the pack panel (50).
Regarding claim 7, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 1. Lutz et al. also teaches wherein the vertical plane (defined by an outer edge of 50 in Fig.7, 34-35) is substantially perpendicular to a direction of travel of the pack panel during an ejection procedure (it can be seen in Fig. 7, 34-35).
Regarding claim 8, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 1. Lutz et al. also teaches wherein the first scraper (Fig. 35, 128-left) is configured to engage with the first sidewall (30), the second scraper (Fig. 35, 128-right) is configured to engage with the second sidewall (32), and the third scraper (Fig. 34, 126) is configured to engage with the bottom wall (28).
Regarding claim 9, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 1. Lutz et al. also teaches wherein the engagement between the first scraper (128-left) and the first sidewall (30), the engagement between the second scraper (128-right), and the second sidewall (32), and the engagement between the third scraper (126) and the bottom wall (28) is configured to inhibit refuse in the refuse compartment from falling behind the packing assembly during an ejection procedure (Column 8, lines 12-14, lines 22-25 and lines 33-35).
Regarding claim 10, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 1. Lutz et al. does not explicitly teach wherein each of the first scraper, the second scraper, and the third scraper defines one or more apertures shaped to permit selectively repositioning the first scraper, the second scraper, and the third scraper relative to the pack panel (Note: Lutz et al. teaches an aperture defined by scraper see fig. 35 128 left and 128 right are attached to 50 by the fasteners inserted in aperture but not able to repositionable).
Pruteanu et al. teaches wherein the conventional scraper (Fig. 6, 42) defines one or more apertures shaped (It can be seen in Fig. 6) to permit selectively repositioning the scraper (column 2, lines 50-53) relative to the pack panel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Lutz et al., Pruteanu et al. and Schwartz by incorporating wherein each of the first scraper, the second scraper, and the third scraper defines one or more apertures shaped to permit selectively repositioning the first scraper, the second scraper, and the third scraper relative to the pack panel in view of Pruteanu et al. in order to allow adjustment of the high or gap of the scrapers (column 2, line 51).
Regarding claim 11, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 10. Lutz et al. also teaches wherein the one or more apertures are configured to receive a fastener to facilitate coupling the first scraper, the second scraper, and the third scraper (see fig. 35 128 left and 128 right and 126 are attached to 50 by the fasteners inserted in aperture) with the pack panel (50)., and
Lutz et al. does not explicitly teach wherein the first scraper, the second scraper, and the third scraper [[is]]are selectively repositionable relative to the fastener.
Pruteanu et al. teaches wherein the conventional scraper (42) is selectively repositionable relative to the fastener (Fig. 6, 46 It can be seen in fig. 6, column 2, lines 50-52). (See note in rejection of claim 1.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified Lutz et al. by incorporating wherein the first scraper, the second scraper, and the third scraper [[is]]are selectively repositionable relative to the fastener in view of Pruteanu et al. in order to allow adjustment of the high or gap of the scrapers (column 2, line 51).
Regarding claim 12, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 1. Lutz et al. also teaches wherein each of the first scraper, the second scraper, and the third scraper (128-left, 128-right and 126) defines a contour complementary to a contour (it can be seen in fig. 34-35) of the first sidewall (30), the second sidewall (32), or the bottom wall, (28) respectively.
Regarding claim 13, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 1. Lutz et al. also teaches wherein the first scraper, the second scraper, and the third scraper include[[s]] a pliable material (Column 8, lines 36-41) such that the first scraper, the second scraper, and the third scraper [[is]]are configured to conform to a contour of the interior at least one of the first sidewall, the second sidewall, [[or]]and the bottom wall, respectively (it can be seen in fig. 34-35).
Regarding claim 14, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 1. Lutz et al. teaches wherein the scraper is a first scraper (128-left), and wherein the packing assembly (48, 50) further includes:
a follower plate (see attached annotated Fig.);
and a second scraper coupled (128-right) with the follower plate. (Fig. 35 is a top view of Fig. 34, Lutz et al. is silent about 128-left or right is attached to both part of 50, however examiner interprets that 128 is attached to the entire length of both part of 50 from top view in Fig. 35, if it is not than it will not able to perform the function which is in a column 2 lines 12-14).
Lutz et al. explicitly fails to teach and configured to be selectively repositionable relative to the follower plate to engage with at least one of the first sidewall or the second sidewall.
Pruteanu et al. teaches and configured to be selectively repositionable relative to the follower plate to engage with at least one of the first sidewall or the second sidewall.
(Note: Pruteanu et al. teaches how to attach scrapers which can be repositionable, which is well known in art. Ordinary skilled person in the art will able to modify the scrapers 128 and 126 of Lutz et al. to be repositionable relative to follower plate to engage with the side walls see Fig. 6, scraper 42 and column 2, lines 50-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Lutz et al., Pruteanu et al. and Schwartz by incorporating and configured to be selectively repositionable relative to the follower plate to engage with at least one of the first sidewall or the second sidewall.in view of Pruteanu et al. in order to allow adjustment of the high or gap of the scrapers (column 2, line 51-52).
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Combination of Lutz et al., Pruteanul et al. and Schwartz teaches the claimed invention except for a second scraper coupled with the follower plate. It would have been an obvious matter of design choice to a second scraper coupled with the follower plate in view of Lutz et al. in order to avoid the matter falling behind the pack panel assembly (45, 50) (Column 8, lines 12-14). since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art (See MPEP 2144. IV section A).
Regarding claim 15, Lutz et al. teaches a refuse vehicle comprising (Fig. 7, column 1, lines 50-53):
a chassis (Fig. 7);
a refuse compartment (24) supported by the chassis (it can be seen in fig. 7) and defined by at least one of a first sidewall (Fig. 35, 30) a second sidewall (Fig. 35, 32) opposite the first sidewall (it can be seen in fig. 11 and 35), or a bottom wall (Fig. 34, 28);
a packing assembly including (It can be seen in Fig. 7, 48, 50):
a pack panel (50);
a packing actuator (Fig. 7, 48) coupled to the pack panel (50, it can be seen in Fig. 7), wherein
the packing actuator (48) is configured to selectively move the pack panel between a retracted position and an extended position (It can be seen in fig. 7, column 2 lines 15-17);
a first scraper coupled to the pack panel (50) proximate the first sidewall (Fig. 35, 30),
a second scraper (Fig. 35, 128-right side) coupled to the pack panel (50) proximate the second sidewall (Fig. 35, 32); and
a third scraper (Fig. 34, 126) coupled to the pack panel (50) proximate the bottom wall (Fig. 34, 28);
wherein the first scraper (128), and the second scraper (128) in a first direction (It can be seen in fig. 35) and the third scraper (126) is in a second direction (it can be seen Fig. 34) and wherein the first direction and the second direction are substantially perpendicular to the first direction (it can be seen in Fig. 34 and 35),
wherein the first scraper (128-left), the second scraper (128-right), and the third scraper each define one or more apertures configured to receive a fastener to facilitate coupling the first scraper, the second scraper, and the third scraper with the pack panel, (see fig. 35 128 left and 128 right are attached to 50 by the fasteners inserted in aperture)
Lutz et al. explicitly fails to teach wherein the first scraper and the second scraper are selectively repositionable in a first direction and the third scraper is selectively repositionable in a second direction, (Lutz et al. scrapers are not adjustable) and the one or more apertures shaped to permit selectively repositioning the first scraper, the second scraper, and the third scraper relative to the fastener and the pack panel.
Pruteanu et al. teaches wherein the first scraper, and the second scraper are selectively repositionable in a first direction, and the third scraper is selectively repositionable in a second direction, and wherein the first direction and the second direction are substantially perpendicular. (See note in rejection of claim 1),
Pruteanu et al. also teaches one or more apertures shaped to permit selectively repositioning the first scraper, the second scraper, and the third scraper relative to the fastener and the pack panel (It can be seen in fig. 6 scraper 42).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified Lutz et al. by incorporating wherein the first scraper and the second scraper are selectively repositionable in a first direction and the third scraper is selectively repositionable in a second direction and the one or more apertures shaped to permit selectively repositioning the first scraper, the second scraper, and the third scraper relative to the fastener and the pack panel in view of Pruteanu et al. in order to allow adjustment of the high or gap of the scrapers (column 2, line 51).
A combination of Lutz and Pruteanu et al. does not explicitly teach wherein the first scraper, the second scraper, and the third scraper extend parallel to a vertical plane defined by an outer surface of the pack panel.
Schwartz teaches the first scraper, the second scraper (see above attached annotated fig. 5), and the third scraper (63, see above attached annotated fig. 5) extend parallel to a vertical plane (it can be seen in fig.5) defined by an outer surface of the pack panel (Fig. 5, 62). (Note: Schwartz is silent about first and second scrapers, Rejection is relied upon Schwartz for teaching a concept of having scrapers extend parallel to a vertical plane defined by an outer surface of the pack panel. Ordinary skilled person in the art will be able to modify the scrapers 128 and 126 the combination of Lutz et al. and Pruteanu et al. to have scrapers extend parallel to a vertical plane defined by an outer surface of the pack panel as shown in fig. 5.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Lutz et al. and Pruteanu et al. by incorporating the first scraper, the second scraper, and the third scraper extend parallel to a vertical plane defined by an outer surface of the pack panel in view of Schwartz in order to reduce reduces the amount of refuse that migrates behind ejector during extension and refraction of hydraulic cylinders (column 7, lines 4-5).
Regarding claim 16, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 15. Lutz et al. also teaches wherein the first direction is a lateral direction (it can be seen in Fig. 35) and the second direction is a vertical direction (it can be seen in Fig. 34).
Regarding claim 17, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 15. Lutz et al. also teaches wherein the first scraper (128- Left), the second scraper (128- Right), and the third scraper (126) are (ii) contact the first sidewall (30), the second sidewall (32), and the bottom wall (28)such that, in the respective positions, the first scraper, the second scraper, and the third scraper inhibit refuse in the refuse compartment from falling behind the packing assembly during an ejection procedure (Column 8, lines 12-14, lines 22-25 and lines 33-35).
Lutz et al. does not explicitly teach all three scrapers are selectively repositionable to respective positions to at least one of (i) be spaced a distance from the first sidewall, the second sidewall, and the bottom wall, respectively.
Pruteanu et al. teaches scrapers are selectively repositionable to respective positions (Column 2, lines 51-52) to at least one of (i) be spaced a distance from the first sidewall, the second sidewall, and the bottom wall, respectively (it can be seen in fig. 6, scrapers can be repositionable to be spaced a distance from relative wall).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Lutz et al., Pruteanu et al. and Schwartz by incorporating scrapers are selectively repositionable to respective positions to at least one of (i) be spaced a distance from the first sidewall, the second sidewall, and the bottom wall, respectively in view of Pruteanu et al. in order to allow adjustment of the high or gap of the scrapers (column 2, line 51).
Regarding claim 18, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 15. Lutz et al. also teaches wherein the scraper (128-left) defines a contour complementary to a contour (it can be seen in fig. 35) of the first sidewall (30),
the second scraper (128-right) defines a contour complementary to a contour (it can be seen in fig. 35) of the second sidewall (32),
and the third scraper (126) defines a contour complementary to a contour (it can be seen in fig. 34) of the bottom wall (28).
Regarding claim 19, Lutz et al. teaches scraper kit (Fig. 34-35, 126, 128) for a refuse vehicle (Fig. 7) including a refuse compartment (26) defined by a first sidewall (30), a second sidewall (32) opposite the first sidewall (it can be seen in fig. 35), and a bottom wall (28), and a pack panel (50), the scraper kit comprising:
a first scraper (128-left), relative to the first sidewall in first direction (it can be seen in fig. 35);
a second scraper (128-right) relative to the second sidewall in the first direction (it can be seen in fig. 35);
and a third scraper (126) relative to the bottom wall in a second direction substantially perpendicular to the first direction (it can be seen in fig. 34-35),
wherein the first scraper, the second scraper, and the third scraper are configured to inhibit refuse in the refuse compartment from falling behind the pack panel during an ejection procedure (Column 8, lines 12-14, lines 22-25 and lines 33-35).
Lutz et al. does not explicitly teach scrapers are selectively repositionable relative to wall.
Pruteanu et al. teaches scraper (42) selectively repositionable relative to wall associated with the scraper (Column 2, lines 51-52) (it can be seen in fig. 6, scrapers can be repositionable to be spaced a distance from relative wall). (See note in rejection of claim 1.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified a first scraper, a second scraper and a third scraper of Lutz et al. by incorporating scraper selectively repositionable relative to the wall associated with the scraper in view of Pruteanu et al. in order to allow adjustment of the high or gap of the scrapers (column 2, line 51).
A combination of Lutz and Pruteanu et al. does not explicitly teach wherein the first scraper, the second scraper, and the third scraper extend parallel to a vertical plane defined by an outer surface of the pack panel.
Schwartz teaches the first scraper, the second scraper (see above attached annotated fig. 5), and the third scraper (63, see above attached annotated fig. 5) extend parallel to a vertical plane (it can be seen in fig.5) defined by an outer surface of the pack panel (Fig. 5, 62).
See rejection claim 1 or 15 for combination and motivation purposes.
Regarding claim 20, the combination of Lutz et al., Pruteanu et al. and Schwartz teaches all the limitations of claim 20. Lutz et al. also teaches wherein the scraper (128-left) defines a contour complementary to a contour (it can be seen in fig. 35) of the first sidewall (30),
the second scraper (128-right) defines a contour complementary to a contour (it can be seen in fig. 35) of the second sidewall (32),
and the third scraper (126) defines a contour complementary to a contour (it can be seen in fig. 34) of the bottom wall (28).
Response to Arguments
Applicant’s arguments, see page 11-12 of remark, filed 09/09/2026, with respect to the rejection(s) of claim(s) 1, 15 and 19 under U.S.C. §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as above set forth rejection of claim 1, 15 and 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schwartz also teaches claimed subject matter of claim 14 see fig. 5, but it is silent about it. US 7896605 B2 (Davis) also teaches scraper (22 in fig. 4) extend parallel to a vertical plane defined by an outer surface of the pack panel (it can be seen in fig. 1 or 5) as it is amended in claims 1, 15, and 19.
Applicant's amendment necessitated the new ground(s) of rejection 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.26. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAIMIN G PATEL whose telephone number is (571)272-0052. The examiner can normally be reached Monday-Friday 8:00 AM to 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at 517-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
/JAIMIN G PATEL/Examiner, Art Unit 3652
