The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 8, 16 and 17 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.
Claim 8, it is not clear what is meant by “the pivotal arm is configured to engage the pivotal arm ... between the raised position and the lowered position” (emphasis added). Since it is the “lift arm assembly” that has previously been recited as having such raised and lowered positions, it is assumed that was applicant’s intent.
Similarly, in claim 16, the recitation “the plate is configured to engage the plate ... between the transit position and the raised position” is unclear. Again, it is assumed applicant intended to refer to the “lift arm assembly”.
Claim 17 is not indefinite per se but is included due to its dependency from claim 16.
Claims 1-7, 9-15 and 18-20 are allowed.
Claims 8, 16 and 17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the prior art, alone or in combination, does not show or suggest a lateral stabilizer comprising a pivotal arm coupled to a backer plate and including a spring extending along an axis about which the arm pivots toward and away from the backer plate, and a down stop arranged at an end of the pivotal arm and configured to support a fork tube of a lift assembly in a transit position and engage a pair of bump plates of the fork tube to laterally constrain the fork tube, as recited in claim 18, or a refuse vehicle having a lateral stabilizer assembly mounted thereon, wherein the lateral stabilizer assembly includes a pivotal arm or plate coupled to a backer plate and including a curved down stop at an end thereof to support a fork tube of a lift assembly in a transit or lowered position and engage a pair of bump plates of the fork tube to limit lateral movement of the fork tube, as set forth in claims 1 and 10.
It is also noted that no double patenting exists over the claims of U.S. Patent No. 12,129,112 (the parent application), which, although similar, do not recite the curved down stop at the end of the pivotal arm/plate of claims 1 and 10 or the down stop/spring arrangement of claim 18 of the instant application, nor does the prior art suggest modifying the patented claims with such features.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs.
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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/James Keenan/
Primary Examiner
Art Unit 3652
8/11/26
Prosecution Insights