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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Claim 14 recites a limitation “a second scraper coupled with the follower plate 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.” It has support in specification in ¶105. However, no references numbers were shown to the drawing which can read on the recited limitation of claim 14. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a limitation as recites in claim 12, 18 and 20 “the scraper defines a contour complementary to a contour...” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 non-obviousness.
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).
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); and
a scraper (Fig. 34-35, 128, 126) coupled with the pack panel (50) along at least a portion of a perimeter (it can be seen in fig. 34 and 35) of the pack panel and
the scraper (126, 128) configured to engage with at least one of the first sidewall (30), the second sidewall (32), or the bottom wall (28).
Lutz et al. explicitly flails to teach a scraper configured to be selectively repositionable relative to the pack panel (50).
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.
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).
Regarding claim 2, Lutz et al. teach wherein the scraper (Fig. 35, 128-left side) is a first scraper coupled to the pack panel (50) proximate the first sidewall (Fig. 35, 30),
wherein the packing assembly (Fig. 7. 48, 50) further includes:
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).
Regarding claim 3, Lutz et al. teach wherein the first scraper (128, left side), the second scraper (128, right side), and the third scraper (126) extend within a vertical plane (vertical plan can be seen in fig. 34 and 35) defined by an outer surface of the pack panel (which is defined by an outer edge of 50).
Regarding claim 4, Lutz et al. teaches wherein the first scraper (128, left) and the second scraper (128, right) it explicitly fails to 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.
Pruteanu et al. teaches conventional first scraper 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 Lutz et al. 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, Lutz et al. 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. 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).
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 4)
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 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, Lutz et al. 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, Lutz et al. 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, Lutz et al. 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, Lutz et al. teaches wherein the engagement between the scraper (128 left and right, 126) and the at least one of the first sidewall (30), the second sidewall (32), or 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, Lutz et al. fails to teach wherein the scraper defines one or more apertures shaped to permit selectively repositioning the 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 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 Lutz et al. by incorporating wherein the scraper defines one or more apertures shaped to permit selectively repositioning the scraper relative to the pack panel wherein the scraper defines one or more apertures shaped to permit selectively repositioning the 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, Lutz et al. teaches wherein the one or more apertures are configured to receive a fastener to facilitate coupling the scraper (see fig. 35 128 left and 128 right are attached to 50 by the fasteners inserted in aperture) with the pack panel (50).
It explicitly fails to teach wherein the scraper is selectively repositionable relative to the fastener.
Pruteanu et al. teaches wherein the scraper (42) is selectively repositionable relative to the fastener (Fig. 6, 46 It can be seen in fig. 6, column 2, lines 50-52).
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 scraper is 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, Lutz et al. teaches wherein the scraper (126, 128) defines a contour complementary to a contour (it can be seen in fig. 34-35) of at least one of the first sidewall (30), the second sidewall (32), or the bottom wall (28).
Regarding claim 13, Lutz et al. teaches wherein the scraper includes a pliable material (Column 8, lines 36-41) such that the scraper is configured to conform to a contour of the interior at least one of the first sidewall, the second sidewall, or the bottom wall (it can be seen in fig. 34-35).
Regarding claim 14, 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 skill 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 Lutz et al. 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. and Pruteanul et al. 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), and
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 4),
Pruteanu et al. also teaches 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 (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).
Regarding claim 16, Lutz et al. 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, Lutz et al. 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).
It explicitly fails to 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. also 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 Lutz et al. 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, Lutz et al. 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. explicitly fails to teach scraper 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).
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).
Regarding claim 20, Lutz et al. 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Other cited references show other a refuse vehicle, pack assembly and scrapers attached to pack panel. Mainly Butterfield (US 20100028114 A1) teaches 500 is made out of pliable material like rubber see (See ¶0011) as it claimed in claim 13, it also teaches the scrapers attached to entire pack from bottom to top (see fig. 1, 500) as it claimed in claim 14.
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.
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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
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