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.
Claim 5 is 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 5 recites the limitation "the electrical connection". There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
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.
Claim(s) 1-4, 6, 8-12 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dunker (8,414,083).
Dunker discloses a vehicle comprising an assembly 7; a body 203; a first connection point 23 disposed on a surface of the body, and the first connection point configured to receive a first element 17 of the assembly; and couple the first element with the body to provide structural support to at least one of the assembly or the body; and a second connection point 3 disposed on the surface of the body and adjacent to the first connection point, and the second connection point configured to receive a second element 9/10 of the assembly that is configured to provide an electrical connection or a hydraulic connection between the body and the assembly. The second connection point 3 configured to establish, responsive to receipt of the second element 9/10, a second hydraulic connection 11 between the assembly and a hydraulic system 9/10 of the vehicle via the hydraulic connection between the body and the assembly. The first connection point configured to movably couple the first element with the body; the assembly including a tailgate 1; and the tailgate configured to move from a first position to a second position with the first element movably coupled with the body, as shown in the figures. The second connection point 3 configured to establish a second hydraulic connection 11 between one or more actuators of the second element and a hydraulic system of the vehicle; and the one or more actuators configured to receive fluid power, from the hydraulic system, to move the tailgate from the first position to the second position. The assembly includes a chassis (not shown) of the vehicle; and the chassis configured to support the body 203 with the first element 17 coupled with the body via the first connection point 23. The assembly 7 includes a compartment (see Figure 6F-9A); the compartment configured to house at least a portion of the second element 9/10; and the second element releasable from the compartment responsive to removal of a fastener 18. A refuse compartment (see Figures 1 and 6F) configured to store refuse; the assembly disposable within the refuse compartment; and the first connection point 23 and the second connection point 3 accessible from an area of the vehicle that is external to the refuse compartment. The first element 17 of the assembly 7 and the body 203, via the first connection point, causes alignment of the second element 9/10 of the assembly and the body. A third connection point 11 on the assembly, the third connection point configured to support the second element 9/10 in alignment with the second connection point 3 when the assembly is coupled with the body. The second connection point 3 is a support element configured to maintain the second element 9/10 via the electrical connection or the hydraulic connection. The assembly 7 includes at least one of a tailgate 1; a chassis; an ejector; or a bulkhead.
Regarding claims 16 and 17, the method is taught with the use of the structure described.
Allowable Subject Matter
Claims 19 and 20 are allowed. The following is a statement of reasons for the indication of allowable subject matter: In independent claim 19, the recitation of a first junction for structural connections between the body and one or more first assemblies of the vehicle; a second junction for electrical connections; and a third junction for hydraulic connections; wherein the first junction, the second junction, and the third junction are adjacent to one another in combination with the rest of the recited elements, clearly defines over the prior art.
Claims 7, 13, 14 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: In claims 7, 13, 14 and 18, the recitation of the second connection point including one or more connectors disposed on the undercarriage and the one or more connectors configured to provide fluid power from a hydraulic system of the vehicle; a third connection point, a fourth connection point disposed adjacent to the third connection point, the fourth connection point configured to electrically couple the second assembly with one or more batteries of the vehicle; and establishing, by the second element, power from the one or more batteries via the second connection point, respectively, in combination with the rest of the recited elements, clearly defines over the prior art .
Claim 5 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art recited discloses common inventive concepts as the claimed present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Faye M. Fleming whose telephone number is (571)272-6672. The examiner can normally be reached M-F 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAYE M FLEMING/Primary Examiner, Art Unit 3612
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