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 filed on August 07, 2026 has been entered and considered and an action on the merits follows.
Specification
The proposed amendment filed on August 07, 2026 has been acknowledged and approved. The amendment sufficiently overcomes the abstract informalities noted in the previous Office action.
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 (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 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 1-5, 7, 13-14, 19-25, 29, and 35-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fox (WO 2009/073039 A1).
Regarding claim 1, Fox discloses an assembly (fig. 2) for compacting waste materials stored within a receptacle (17), the assembly comprising a frame (fig. 6) to which a compacting arm (76) is attached, wherein the compacting arm (76) is able to pivot (at 74 in fig. 6) relative to the frame (fig. 6) whereby, during movement between an unextended configuration (see broken lines in fig. 6) and an extended configuration (see solid line in fig. 6), the compacting arm is able to simultaneously adjust an angular direction of a compression force applied by the compacting arm to the waste materials and compact the waste materials located in the receptacle (see fig. 6, which shows an angular direction of a compression force from a platen 66 is adjusted from the top of the receptacle to downward and toward the rear of the receptacle).
Regarding claim 2, the assembly of claim 1, wherein the compacting arm (76) can retract from the extended configuration to the unextended configuration (see fig. 6).
Regarding claim 3, the assembly of claim 1, wherein the compacting arm (76) is able to extend and/or retract to a configuration that is intermediate the unextended and extended configurations (it is noted that the claim does not require that the arm is stopped at a position intermediate the extended and unextended configurations, and it can interpreted as the compacting arm moves through any intermediate configuration between an unextended configuration and an extended configuration. Fox discloses the arms is able to extend from an unextended configuration through intermediate configurations toward an extended configuration and vice versa by an electric motor (36); therefore, Fox does disclose the compacting arm (76) is “able to” extend and/or retract to a configuration that is intermediate the unextended and extended configurations.
Regarding claim 4 (First claim interpretation), the assembly of claim 1, wherein the compacting arm pivots about a hinge (74) attached to the frame, the compacting arm (76) being orientated below a support (206) on the frame (see fig. 6).
Regarding claim 4 (Second claim interpretation), the assembly of claim 1, wherein the compacting arm pivots about a hinge (74) attached to the frame (206), the compacting arm (76) being orientated below a support on the frame (see a “support” in the annotated drawing below from fig. 4, and the compacting arm 76 is orientated below this support).
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Regarding claim 5, the assembly of claim 4 (applied to the second interpretation of claim 4 above), wherein the compacting arm (74) is able to pivot rearward of the support, away from an expected standing position of an operator (see fig. 6, which shows the compacting arm (74) moves downward and rearward of the support as noted above, and away from an expected standing position of an operation, in which the standing position is in front of a door opening 15 as shown in fig, 1).
Regarding claim 7, the assembly of claim 4 (applied to the first interpretation of claim 4 above), wherein the frame comprises an upper portion (an upper top half portion of the compactor, i.e. a portion of the frame above a bracket 204 as shown in fig. 4) and a lower portion (a lower bottom half portion of the compactor, i.e. a portion of the frame below a bracket 204 as shown in fig. 4), the lower portion providing a base (12; fig. 2) for the assembly and defining a cage that is configured to receive and retain the receptacle (17) (fig. 2) in use, and the upper portion being supported over the lower portion (figs. 2 and 4) with the compacting arm (76) extending downwardly from the support (206) (fig. 6) so as to locate over the receptacle (17) in use (fig. 6).
Regarding claim 13, the assembly of claim 1, wherein the compacting arm (76) comprises a linear actuator (fig. 6) that operates to controllably adjust the extension thereof.
Regarding claim 14, the assembly of claim 1, wherein the compacting arm (76) comprises a compacting plate (66) at an in-use lower distal end thereof (fig. 6).
Regarding claim 19, the assembly of claim 1, wherein the receptacle (17) is a wheelie bin (fig. 3).
Regarding claim 20, Fox discloses a method of compacting waste materials in an assembly or compacting waste stored within a receptacle, the method comprising:
locating the receptacle (17) below a compacting arm (76) (fig. 6), the compacting arm being attached to a frame, and able to pivot (at a pivot point 74) relative to the frame (fig. 6);
moving the compacting arm (76) between an unextended configuration (see dotted lines in figure 6) and an extended configuration (see solid lines in fig. 6), whereby, during the moving between the unextended configuration and the extended configuration, the compacting arm is able to simultaneously adjust an angular direction of a compression force applied by the compacting arm to the waste materials and compact the waste materials located in the receptacle (see fig. 6, which shows an angular direction of a compression force from a platen 66 is adjusted from the top of the receptacle to downward and toward the rear of the receptacle; and
compacting the waste materials between the compacting arm (76) and the receptacle (17) (fig. 6).
Regarding claim 21, the method of claim 20, wherein the method further comprises retracting the compacting arm (76) from the extended configuration to the unextended configuration (fig. 6).
Regarding claim 22, the method of claim 20, wherein method further comprises extending and/or retracting the compacting arm (76) to a configuration that is intermediate the unextended and extended configurations (see the rejection of claim 3 above).
Regarding claim 23 (first claim interpretation), the method of claim 20, wherein the compacting arm pivots about a hinge (74), the hinge attached to the frame, the compacting arm (74) being orientated below a support (206) on the frame.
Regarding claim 23 (second claim interpretation), the method of claim 20, wherein the compacting arm pivots about a hinge (74), the hinge attached to the frame, the compacting arm (74) being orientated below a support (see the rejection of claim 4, second claim interpretation above) on the frame.
Regarding claim 24 (applied to the second interpretation of claim 23 above), the method of claim 23, wherein the compacting arm (74) is able to pivot rearward of the support and away from an expected standing position of an operator (see the rejection of claim 5 above).
Regarding claim 25, the method of claim 20, wherein the compacting arm (76) comprises a handle (see “pressurized hydraulic fluid from pump 38” in para. 38, which is a handle for the extended and unextended configurations of the compacting arm).
Regarding claim 29, the method of claim 23, wherein the frame comprises an upper portion and a lower portion, the lower portion providing a base for the assembly and defining a cage that is configured to receive and retain the receptacle in use, and the upper portion being supported over the lower portion with the compacting arm extending downwardly from the support so as to locate over the receptacle in use (see the rejection of claim 7 above).
Regarding claim 35, the method of claim 20, wherein the compacting arm (76) comprises a linear actuator that operates to controllably adjust the extension thereof (fig. 6).
Regarding claim 36, the method of claim 20, wherein the compacting arm (76) comprises a compacting plate (66) at an in-use lower distal end thereof, the compacting plate (66) being adapted to engage and compact the waste materials within the receptacle (17) (fig. 6).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Fox in view of Dykstra (US 4,147,100).
Regarding claim 6, the assembly of claim 1, Fox discloses the invention substantially as claimed as set forth above. Fox does not expressly disclose the receptacle is supported on one or more flanges provided on one or more sides of the frame.
Dykstra, in a related waste compacting art, discloses a compacting assembly comprising a receptacle (23) including flanges (26) for supporting on flanges (27) provided on sides of a frame (fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide sides of the frame and the receptacle of Fox with flanges, as taught by Dykstra, to maximize structural integrity and load distribution.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Fox in view of Preen et al. (hereinafter “Preen”) (WO 2012/0630051 A1).
Regarding claim 26, the assembly of claim 20, Fox discloses the invention substantially as claimed as set forth above. Fox does not expressly disclose one or more buttons that communicate with a control system that controls the initiation and/or a cessation of operation of the compacting arm.
Preen can be applied to teach a compacting assembly comprising a compacting arm (29), wherein one or more buttons (see “button” on page 28, lines 19-22) that communicate with a control system that controls the initiation and/or a cessation of operation of the compacting arm (29) (see page 28, lines 19-22).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided Fox with one or more buttons that communicate with the control system that controls the initiation and/or a cessation of operation of the compacting arm, as taught by Preen, to improve safety.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY T NGUYEN whose telephone number is (571)272-4520. The examiner can normally be reached Mon-Fri 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHRISTOPHER L TEMPLETON can be reached at 571-270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JIMMY T. NGUYEN
Primary Examiner
Art Unit 3725
/JIMMY T NGUYEN/Primary Examiner, Art Unit 3725
