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 7, 8, 12, 13, 23, 30, 32, 33 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 7 recites the limitation "the attachment device" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the belt attachment devices" in line 1. There is insufficient antecedent basis for this limitation in the claim, claim 1 introduces a singular belt attachment device.
Claim 13 recites the limitation "inside and outside of the belt" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation "the scraping members" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 30 recites the limitation "the refuse container " in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 32 recites the limitation "an upper drive pulley" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 33 recites the limitation "an upper timing pulley" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 8 is rejected as being dependent on a rejected claim
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.
Claims 1 – 7, 10, 11, 15-16, 18-22, 26 – 32 and 33 - 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wente (US 20240217734 A1).
Regarding claim 1, Wente teaches, a system for loading refuse, the system comprising:
a grabber system (300) operable to engage a refuse container;
and a container lift mechanism (100) configured to couple between the grabber system (300) and a refuse collection vehicle (10) and operable to lift a refuse container held by the grabber system to empty contents of the refuse container into the refuse collection vehicle ([0032] – the grabber assembly may tilt and empty contents of the refuse container in the refuse compartment),
the container lift mechanism comprising:
a mast comprising one or more vertical rails (108 – track members), at least one of the vertical rails comprising one or more guides configured (140) to guide the grabber system on the mast;
a timing belt system (138 – shown as timing chain but can be a chain, rope, cable or band),
comprising: a pair of timing pulleys (222/224) spaced vertically from one another and each rotatably coupled to the mast,
the pair of timing pulleys comprising:
an upper timing pulley (122);
and a lower timing pulley (130);
and a timing belt (138) coupled around the pair of timing pulleys;
a belt attachment device (302 – linkage) configured to couple the grabber system to the timing belt;
and one or more vertical drive units (124) configured to rotate at least one of the timing pulleys such that the timing belt pulls the grabber system up the mast ([0035] – electric drive motor rotates drive sprockets).
Regarding claim 2, Wente teaches, The system of claim 1,
wherein at least one of the one or more guides comprises an arcuate guide portion (109) configured to tip the refuse container as the grabber system is raised to empty contents of the refuse container into a receptacle of the refuse collection vehicle (fig. 5 – grabber portion (300) is tipped along arcuate shaped guide (109).
Regarding claim 3, Wente teaches, the system of claim 1,
further comprising one or more roller assemblies (308/310),
wherein at least one of the one or more roller assemblies comprises one or more rollers configured to roll along at least one of the one or more guides (fig. 6 – roller assemblies (308) travel along guides (140).
Regarding claim 4, Wente teaches, the system of claim 3,
wherein at least one of the roller assemblies (308/310) comprises a pair of in-line rollers configured to sequentially roll along at least a portion of at least one guide ([0039] - sequential rollers (308/310).
Regarding claim 5, Wente teaches, the system of claim 3,
wherein at least one of the roller assemblies (308/310) is configured to move along an arcuate portion (109) of at least one guide such that a refuse container coupled to the grabber system is tipped to empty contents of the refuse container into the refuse collection vehicle (fig. 5 – grabber portion (300) is tipped along arcuate shaped guide (109).
Regarding claim 6, Wente teaches, the system of claim 1,
wherein the belt attachment device is configured travel around at least a portion of the upper timing pulley (fig. 7/8 – belt attachment device travels around circumference of upper timing pulley (122)).
Regarding claim 7, Wente teaches, the system of claim 6,
wherein the upper timing pulley defines a recess configured to receive at least a portion of the belt attachment device as the attachment device travels around at least a portion of the upper timing pulley (arcuate shaped guide member (109) provides recess for belt attachment device as grabber travels around pulley).
Regarding claim 9, Wente teaches, the system of claim 6,
wherein the timing belt system is configured such that at least a portion of the belt attachment device moves in a path tangential (312) to the upper timing pulley as the belt attachment device travels around the upper timing pulley (fig. 8 – belt attachment (304) travels tangentially and forms angle (312) as it travels around pulley).
Regarding claim 10, Wente teaches, the system of claim 1,
wherein the belt system is configured such that at least a portion of the timing belt between the upper timing pulley and the lower timing pulley is non-linear when the grabber system is in a bottom position on the container lift mechanism ([0039] – curved track member (109) is nonlinear).
Regarding claim 11, Wente teaches, the system of claim 1,
wherein at least one of the vertical drive units comprises an electric motor (124).
Regarding claim 15, Wente teaches, the system of claim 1,
wherein the belt attachment device comprises two or more fasteners configured to secure a section the timing belt to the belt attachment device (fig. 8 – shows 4 fasteners on attachment device (310).
Regarding claim 16, Wente teaches, the system of claim 1,
wherein the belt attachment device comprises one or more fasteners configured to pass through the timing belt (fig. 8 – shows 4 fasteners on attachment device (310).
Regarding claim 18, Wente teaches, the system of claim 1,
wherein the grabber system comprises a grabber system drive unit (1000) operable to engage a pair of opposing arms with the refuse container ([0050 – motor rotates grabber arms].
Regarding claim 19, the system of claim 18,
wherein the grabber system drive unit comprises an electric motor ([0050] – motor is electric motor).
Regarding claim 20, Wente teaches, the system of claim 1,
further comprising one or more debris shields (120) configured to inhibit debris from entering an interior of the timing belt system ([0037] – shield prevents debris from entering system during dumping).
Regarding claim 21, Wente teaches, the system of claim 20,
wherein at least one of the debris shields is configured to contact a surface of the timing belt while the timing belt is moving (fig. 6 – shield (120) contacts surface above upper pulley).
Regarding claim 26, Wente teaches, A method of loading refuse, the method comprising:
rotating a drive pulley (130) engaged with a timing belt (138) to lift a refuse loading system coupled to a section of the timing belt;
and operating the refuse loading system to load refuse into a refuse collection vehicle ([0031] – refuse is loaded into a position of the refuse compartment behind the cab).
Regarding claim 27, Wente teaches, the method of claim 26,
wherein operating the refuse loading system comprises raising a refuse container up a mast of the refuse loading system (fig. 3/4 – shows grabber lifting up/down on mast).
Regarding claim 28, Wente teaches, the method of claim 26,
wherein operating the refuse loading system to load refuse into a refuse collection vehicle comprises lifting a grabber system engaged with a refuse container (fig. 3/4 – shows grabber lifting up/down on mast).
Regarding claim 29, Wente teaches, the method of claim 28, further comprising,
before rotating the drive pulley, clamping the section of the timing belt to couple the grabber system to the section of the timing belt (grabber system (300) connected via (308/310) with fasteners).
Regarding claim 30, Wente teaches, the method of claim 26,
wherein operating the refuse loading system comprises tipping the refuse container such that contents of the refuse container are emptied into a receptacle of the refuse collection vehicle ([0031] – system is configured to cause the grabber assembly to tilt near an upper height of vehicle body).
Regarding claim 31, Wente teaches, the method of claim 26,
wherein operating the refuse loading system comprises moving a set of rollers (308/310) through an arcuate guide (109) such that a refuse container is tipped to empty contents of the refuse container into a refuse collection vehicle (fig. 8 – shows grabber tipped into refuse container of refuse collection vehicle).
Regarding claim 32, Wente teaches, the method of claim 26,
wherein operating the refuse loading system comprises moving a belt attachment device around at least a portion of an upper drive pulley (fig. 8 – belt attachment device (302) rotated around upper pulley (122)).
Regarding claim 33, Wente teaches, the method of claim 32, further comprising,
before rotating the drive pulley (130), arranging the timing belt to synchronize a position of the belt attachment device relative to a recess in the upper timing pulley (fig. 3/4 – as grabber is lifted/lowered belt attachment device is arranged relative to the recess in the upper timing pulley) .
Regarding claim 35, Wente teaches, the method of claim 26,
wherein rotating the drive pulley engaged with the timing belt comprises operating an electric motor (electric motor (124) rotates drive pulley) .
Regarding claim 36, Wente teaches, A system for loading refuse, the system comprising:
a grabber system (300) operable to engage a refuse container;
and a container lift mechanism (100) configured to couple between the grabber system and a refuse collection vehicle (10) and operable to lift a refuse container held by the grabber system to empty contents of the refuse container into the refuse collection vehicle ([0032] – the grabber assembly may tilt and empty contents of the refuse container in the refuse compartment),
the container lift mechanism comprising:
a mast (106) comprising one or more vertical rails (108 – vertical track members), at least one of the vertical rails comprising one or more guides (140) configured to guide the grabber system on the mast;
and one or more vertical drive units (124 – electric motor) configured to raise the grabber system from a bottom position on the mast to a top position on the mast.
Regarding claim 37, Wente teaches, the system of claim 36,
wherein at least one of the one or more guides comprises an arcuate guide portion (109) configured to tip the refuse container as the grabber system is raised to empty contents of the refuse container into a receptacle of the refuse collection vehicle (fig. 8 – grabber system (300) tipped over on arcuate guide portion).
Regarding claim 38, Wente teaches, the system of claim 36, further comprising:
one or more rotating elements (122/130) rotatably coupled to mast and vertically spaced from one another on the mast,
the one or more rotating elements comprising: an upper rotating element (122);
and a lower rotating element (130);
and a flexible member coupled around the rotating elements (138), wherein at least one of the vertical drive units (124) is operable to turn at least one of the rotating elements such that a refuse container held by the grabber system is lifted on the mast (fig.3/4 – rotating of pulleys raises and lowers grabber system)).
Regarding claim 39, Wente teaches, the system of claim 36,
wherein at least one of the vertical drive units (124) comprises an electric motor operable to turn an upper rotating element rotatably coupled (abstract – drive unit is electric motor).
Regarding claim 40, Wente teaches, A system for loading refuse, the system comprising:
a grabber system (300) operable to engage a refuse container;
and a container lift mechanism (100) operable to lift a refuse container held by the grabber system to empty contents of the refuse container into a refuse collection vehicle ([0032] – grabber assembly tilts to empty contents of the refuse container into the refuse compartment),
the container lift mechanism comprising:
a mast (106) comprising one or more vertical rails (138);
a timing belt system,
comprising:
a pair of timing pulleys (122/130) spaced vertically from one another and each rotatably coupled to the mast (fig.2 – pulleys at top (122) and bottom of mast (130)),
the pair of timing pulleys comprising: an upper timing pulley (122);
and a lower timing pulley (130);
and a timing belt (138 – chain/rope/cable/band) coupled around the pair of timing pulleys;
a belt attachment device (304) configured to couple the grabber system to the timing belt, the belt attachment device configured to travel around at least a portion of the upper timing pulley (fig. 8 – belt attachment device (304) travels around circumference of pulley (122));
and one or more vertical drive units (124) configured to rotate at least one of the timing pulleys such that the timing belt pulls the grabber system up the mast (fig. 4 – electric motor (124) rotates lower pulley (130)).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wente (US 20240217734 A1) in view of Jun (US 9541884 B1). Wente discloses all the limitations of the claims as discussed above.
Regarding claim 8, Wente fails to teach, the system of claim 7,
wherein the recess comprises a gap in a series of teeth in the upper timing pulley.
Regarding claim 8, Jun teaches, the system of claim 7,
wherein the recess comprises a gap in a series of teeth in the upper timing pulley (117ab – non toothed portion of pulley).
Wente and Jun are considered to be analogous to the claimed invention because they are
Both in the field of belt driven apparatuses. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wente’s recess to include the gap in the series of teeth in the upper timing pulley taught by Jun, doing so allows the tipping mechanism to rotate further along the pulley increasing the speed and efficiency of refuse collection.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wente (US 20240217734 A1) in view of Brown (US 10995821 B2). Wente discloses all the limitations of the claims as discussed above.
Regarding claim 12, Wente fails to teach, the system of claim 1,
wherein at least one of the belt attachment devices comprises an attachment block comprising two or more teeth configured to engage with two or more complementary teeth of one of the timing belts.
Regarding claim 13, Wente fails to teach, the system of claim 1,
wherein: the belt attachment device comprises a pair of attachment blocks;
a first one of the attachment blocks is coupled on the inside of the timing belt;
and a second one of the attachment blocks is coupled of the outside of the timing belt.
Regarding claim 14, Wente fails to teach, the system of claim 1, wherein:
the belt attachment device comprises a pair of attachment blocks;
and at least one of the attachment blocks comprises two or more teeth configured to engage complementary teeth on the timing belt.
Regarding claim 12, Wolf teaches, the system of claim 1,
wherein at least one of the belt attachment devices comprises an attachment block (82) comprising two or more teeth (fig. 8 – attachment block has teeth) configured to engage with two or more complementary teeth of one of the timing belts (fig. 8 – belt (42) has teeth (44)).
Regarding claim 13, Wolf teaches, the system of claim 1,
wherein: the belt attachment device comprises a pair of attachment blocks (84 and 82);
a first one of the attachment blocks is coupled on the inside of the timing belt (fig. 8 – block (82) is on one side of belt);
and a second one of the attachment blocks is coupled of the outside of the timing belt (fig. 8 – block (84) is on other side of timing belt).
Regarding claim 14, Wolf teaches, the system of claim 1, wherein:
the belt attachment device comprises a pair of attachment blocks (82/84);
and at least one of the attachment blocks comprises two or more teeth (fig. 8 – block comprises teeth) configured to engage complementary teeth on the timing belt (44).
Wente and Wolf are considered to be analogous to the claimed invention because they are
both in the field of belt driven apparatuses. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wente’s refuse collection system and belt attachment device to include the teeth and attachment block mechanisms taught by Brown. Doing so provides a secure and releasable way of securing the grabber system to the belt, decreasing maintenance downtime.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Wente (US 20240217734 A1). Wente discloses all the limitations of the claims as discussed above.
Regarding claim 17, Wente does not explicitly teach, the system of claim 1,
wherein at least one of the vertical drive units comprises a direct drive (124) coupled to the upper timing pulley.
Wente discloses the claimed invention except for the direct drive being coupled to the upper pulley. It would have been obvious to one having ordinary skill in the art prior to the effective filing date to mount the direct drive on the upper pulley rather than the lower pulley, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144 VI C. Therefore it would have been obvious for a person of ordinary skill in the art prior to the effective filing date to have relocated the direct drive from the lower pulley to the upper pulley to limit the risk of damage to the motor during lifting procedures.
Claims 22, 23 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Wente (US 20240217734 A1) in view of Gibbs (US 4962845 A). Wente discloses all the limitations of the claims as discussed above.
Regarding claim 22, Wente fails to teach, the system of claim 1,
further comprising one or more scraping members configured to contact an exterior surface of the timing belt and scrape material from the exterior surface.
Regarding claim 23, Wente fails to teach, the system of claim 1,
wherein at least one of the scraping members is on a back-side of the timing belt.
Regarding claim 22, Gibbs teaches, the system of claim 1,
further comprising one or more scraping members (15) configured to contact an exterior surface of the timing belt and scrape material from the exterior surface (abstract – a scraping member for cleaning belt on a cylindrical pulley).
Regarding claim 23, Gibbs teaches, the system of claim 1,
wherein at least one of the scraping members is on a back-side of the timing belt (fig. 2 - scraper (15) is on back side of belt).
Wente and Gibbs are considered to be analogous to the claimed invention because they are
both in the field of belt driven apparatuses. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wente’s belt driven refuse collection system to include the belt scraper taught by Gibbs, as disclosed by Gibbs, this prevents buildup from accumulating on the belts and pulleys during operation.
Regarding claim 34, Wente fails to teach, the method of claim 26,
further comprising scraping, a surface of the timing belt to inhibit contamination of a timing belt system (scraper (15) cleans belt as it is rotated).
Regarding claim 34, Gibbs teaches, the method of claim 26,
further comprising scraping, a surface of the timing belt to inhibit contamination of a timing belt system (scraper (15) cleans belt as it is rotated).
Wente and Gibbs are considered to be analogous to the claimed invention because they are
both belt driven apparatuses. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wente’s belt driven refuse collection system to include the belt scraper taught by Gibbs, as disclosed by Gibbs, this prevents buildup from accumulating on the belts and pulleys during operation.
Claims 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Wente (US 20240217734 A1) in view of Boivin (US 2023/0090272). Wente discloses all the limitations of the claims as discussed above.
Regarding claim 24, Wente fails to teach, the system of claim 1,
further comprising one or more tensioning devices configurable to adjust tension in the timing belt.
Regarding claim 25, Wente fails to teach, the system of claim 1,
further comprising one or more idlers configured to contact an exterior surface of the timing belt.
Regarding claim 24, Boivin teaches, the system of claim 1,
further comprising one or more tensioning devices (56) configurable to adjust tension in the timing belt ([0033] – tensioning sprockets (56)).
Regarding claim 25, Boivin, the system of claim 1,
further comprising one or more idlers (139) configured to contact an exterior surface of the timing belt ([0049] – idler sprocket (139)).
Wente and Boivin are considered to be analogous to the claimed invention because they are
both in the field of refuse collection vehicles and systems. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wente’s refuse collection system to include the tensioning devices and idlers taught by Boivin, doing so allows for the adjustment of belt tension during operation, extending the life cycle of the belts limiting maintenance costs.
Conclusion
The prior art made of record but not relied upon is considered pertinent to the applicant’s disclosure:
Kovats (US 4597710) – discloses a refuse collection apparatus with a grabber system
McNeilus (US 20180134487 A1) – discloses a belt driven refuse loading apparatus
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN SALVADOR MOSCOSO whose telephone number is (571)272-8604. The examiner can normally be reached 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571) 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
/JUAN S MOSCOSO/Examiner, Art Unit 3652
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