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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claims 1, 9, and 18 all claim “a motor configured to drive motion of the second member relative to the first member, wherein motion of the second member relative to the first member drives corresponding motion of the second member relative to the first member.” This is unclear, as it is understood based on the specification that motion of the second member relative to the first member drives corresponding motion of the second member relative to the third member. Paragraph 0094, which describes the electric motor and states “First sprocket 1124 or second sprocket 1126 can be driven by an electric motor or simultaneously or concurrently translate extendable member 810 (second member) relative to body 801 (first member) and extendable member 850 (third member) relative to extendable member 810 (second member).” Please clarify or amend claims.
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.
Claim(s) 1, 2, 4, 6-8, 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahashi et al. (US 2015/0003945).
Regarding claim 1, Takahashi et al teaches a reach assembly:
a first member, 31, fixedly coupled with the refuse vehicle;
a second member, 32, configured to move relative to the first member;
a third member, 35, configured to move relative to the second member;
a pair of sprockets, 42a and 42b, coupled to the second member, 32, the pair of sprockets coupled at opposite ends of the second member;
a chain, 43c, engaged by the pair of sprockets, wherein the chain is fixed to the first member at a first point and the second member at a second point, see figure 13 and 14 and paragraphs 103-106; and
a motor, 36, configured to drive motion of the second member relative to the first member, wherein motion of the second member relative to the first member drives corresponding motion of the second member relative to the third member, see figure 5 and paragraphs 0074 and 0075 .
It is noted that the preamble stating that the reach assembly is for a refuse vehicle is considered intended use and does not add patentable weight to the claims.
Regarding claim 2, Takahashi et al. teaches the motor, 36, is configured to drive motion of the second member relative to the first member, see paragraph 0074 and 0075.
Regarding claim 4, Takahashi et al. teaches the first member comprises a first telescoping member, 31b, the first telescoping member, 31b, configured to receive the second member, 32, within a first inner volume, the second member extendable from the first telescoping member, where the second member has a slider member, 31d, fixed to the second member that is received within a first inner volume, the groove, of the first telescoping member, see figure 4.
Regarding claim 6, Takahashi et al. teaches the motor is fixed to the first member, see related art figure 8 which shows motor, 111, fixed to base, 101.
Regarding claim 7, Takahashi et al. teaches a roller disposed on the first member and configured to engage the second member, Takahashi et al. teaches ball bearings between the first and second member, see paragraph 0060.
Regarding claim 8, Takahashi et al. teaches a roller disposed on the second member and configured to engage the third member, Takahashi et al. teaches ball bearings between the second and third member, see paragraph 0065.
Regarding claim 18, Takahashi et al. teaches a reach assembly, the reach assembly comprising:
a first member, 31, fixedly coupled with the refuse vehicle;
a second member, 32, configured to move relative to the first member;
a third member, 35, configured to move relative to the second member;
a pair of rotatable members, 34a and 34b or 42a and 42b, coupled to the second member, the pair of rotatable members coupled at opposite ends of the second member;
a tensile member, 34c or 43c, engaged by the pair of rotatable members, wherein the tensile member is fixed to the first member at a first point and the second member at a second point; and
a motor, 36, configured to drive motion of the second member relative to the first member, wherein motion of the second member relative to the first member drives corresponding motion of the second member relative to the third member.
It is noted that the preamble stating that the reach assembly is for a refuse vehicle is considered intended use and does not add patentable weight to the claims.
Regarding claim 19, Takahashi et al. teaches the tensile member comprises a belt, 34c, and the pair of rotatable members comprise wheels, 34a and 34b.
Regarding claim 20, Takahashi et al. teaches the tensile member comprises a chain, 42c, and the pair of rotatable members comprise sprockets, 42a and 42b.
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al. (US 2015/0003945) in view of Boivin et al. (US 2021/0122568) .
Regarding claim 3, Takahashi et al. teaches that the second member comprises a ball screw device for horizontal movement, see figure 8 and paragraph 0009. Takahashi et al. does not teach the second member comprises a rack configured to be engaged by a pinion, the pinion configured to be driven by the motor to drive motion of the second member relative to the first member. Boivin et al. teaches the horizontal displacement section of the arm includes a rack an pinion assembly, 68, see paragraph 0048.
Since the ball screw device of Takahahshi et al. and the rack and pinion of Boivin et al. are well known device to convert the rotary drive of a motor into horizontal movement, it would have been obvious to one of ordinary skill in the art to replace the ball screw device of Takahashi et al. with the rack and pinion of Boivin et al. in order to achieve the predictable result of sliding the second member with respect to the first member to telescopically extend and retract the second and third members with respect to the first member.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al. (US 2015/0003945).
Regarding claim 5, Takahashi et al. teaches a second telescoping member, 33, configured to receive a member, 32c, within a second interior volume, groove 33a. Takahashi et al. teaches the second telescoping member is attached to the third member, 35, and therefore teaches the opposite configuration in that the second telescoping member receives the second member within a second interior volume.
It would have been obvious to rearrange the second telescoping member,33, and sliding member, 32, with respect to the second and third member so that the third member is received within the second interior volume, groove 33a, through sliding contact of member 32c, since it has been held that mere rearrangement of the working parts of an invention involves only routine skill in the art. See MPEP 2144.04 In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim(s) 9, 10, 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breckenrdige (US 4,401,407) in view of Takahashi et al. (US 2015/0003945).
Regarding claim 9, Breckenridge teaches a refuse vehicle, 10, comprising:
a reach assembly, comprising:
a first member, 26, fixedly coupled with the refuse vehicle;
a second member, 28, configured to move relative to the first member;
a third member, 30, configured to move relative to the second member; and
a lift assembly and a grabber assembly, 32, coupled to an outer end of the third member.
Breckenridge does not teach the specific movement mechanism claimed including the pair of sprockets and chain.
Takahashi et al. teaches a reach assembly for a robot arm for telescopically moving a robot arm the reach assembly comprising:
a first member, 31, fixedly coupled with the refuse vehicle;
a second member, 32, configured to move relative to the first member;
a third member, 35, configured to move relative to the second member;
a pair of sprockets, 42a and 42b, coupled to the second member, 32, the pair of sprockets coupled at opposite ends of the second member;
a chain, 43c, engaged by the pair of sprockets, wherein the chain is fixed to the first member at a first point and the second member at a second point, see figure 13 and 14 and paragraphs 103-106; and
a motor, 36, configured to drive motion of the second member relative to the first member, wherein motion of the second member relative to the first member drives corresponding motion of the second member relative to the third member, see figure 5 and paragraphs 0074 and 0075 .
Since both Breckenridge and Takahashi et al. teach reach assembly for moving members of a telescoping device with respect to each other, it would have been obvious to one of ordinary skill in the art extension cylinder taught by Brekenridge to extend and retract the reach assembly with the sprocket and chain mechanism taught by Takahashi et al. in order to achieve the predictable result of reliably extending and retracting the second and third members with respect to each other and the first member.
Regarding claim 10, Takahashi et al. teaches the motor, 36, is configured to drive motion of the second member relative to the first member, see paragraph 0074 and 0075.
Regarding claim 12, Takahashi et al. teaches the first member comprises a first telescoping member, 31b, the first telescoping member, 31b, configured to receive the second member, 32, within a first inner volume, the second member extendable from the first telescoping member, where the second member has a slider member, 31d, fixed to the second member that is received within a first inner volume, the groove, of the first telescoping member, see figure 4.
Regarding claim 13, Takahashi et al. teaches a second telescoping member, 33, configured to receive a member, 32c, within a second interior volume, groove 33a. Takahashi et al. teaches the second telescoping member is attached to the third member, 35, and therefore teaches the opposite configuration in that the second telescoping member receives the second member within a second interior volume.
It would have been obvious to rearrange the second telescoping member,33, and sliding member, 32, with respect to the second and third member so that the third member is received within the second interior volume, groove 33a, through sliding contact of member 32c, since it has been held that mere rearrangement of the working parts of an invention involves only routine skill in the art. See MPEP 2144.04 In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 14, Takahashi et al. teaches the motor is fixed to the first member, see related art figure 8 which shows motor, 111, fixed to base, 101.
Regarding claim 15, Takahashi et al. teaches a roller disposed on the first member and configured to engage the second member, Takahashi et al. teaches ball bearings between the first and second member, see paragraph 0060.
Regarding claim 16, Takahashi et al. teaches a roller disposed on the second member and configured to engage the third member, Takahashi et al. teaches ball bearings between the second and third member, see paragraph 0065.
Regarding claim 17, Breckenridge teaches the refuse vehicle is a side-loading refuse vehicle, see figure 1.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breckenridge (US 4,401,407) in view of Takahashi et al. (US 2015/0003945) as applied to claim 9 above, and further in view of Boivin et al. (US 2021/0122568).
Regarding claim 11, Takahashi et al. teaches that the second member comprises a ball screw device for horizontal movement, see figure 8 and paragraph 0009. Takahashi et al. does not teach the second member comprises a rack configured to be engaged by a pinion, the pinion configured to be driven by the motor to drive motion of the second member relative to the first member. Boivin et al. teaches the horizontal displacement section of the arm includes a rack an pinion assembly, 68, see paragraph 0048.
Since the ball screw device of Takahahshi et al. and the rack and pinion of Boivin et al. are well known device to convert the rotary drive of a motor into horizontal movement, it would have been obvious to one of ordinary skill in the art to replace the ball screw device of Takahashi et al. with the rack and pinion of Boivin et al. in order to achieve the predictable result of sliding the second member with respect to the first member to telescopically extend and retract the second and third members with respect to the first member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are cited on the PTO-892 to show the general state of the prior art.
US 9,834,377 teaches a side-loading refuse vehicle with a telescoping arm with first, second, and third members that slide relative to each other, similar to applicant’s invention.
US 2006/0280582 teaches a side-loading refuse vehicle with a telescoping arm with first, second, and third members that slide relative to each other, similar to applicant’s invention.
US 5,839,873 teaches a telescopic reach arm with a belt and wheels used to extended and retract the arm, similar to the applicant’s invention.
US 4,432,438 teaches a telescopic reach arm with a belt and wheels used to extended and retract the arm, similar to the applicant’s invention.
US 4,051,970 teaches a telescopic reach arm with a belt and wheels used to extended and retract the arm, similar to the applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLIN S JOERGER whose telephone number is (571)272-6938. The examiner can normally be reached M-F 7:30-5 (CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at (571)270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAITLIN S JOERGER/Primary Examiner, Art Unit 3655
12 June 2026
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