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 § 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(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6,655,894 to Boivin in view of US 7,325,880 to Gapski and US 6,854,949 to Huang.
Regarding claim 1 Boivin discloses a waste collection vehicle for collection of right side and left side waste streams that respectively include right side and left side waste stream material (figure 1 and abstract), the waste collection vehicle comprising: a body mounted to a frame and, the body defining a right side body compartment (2) extending between right intake and right output ends thereof, the right side body defining a right intake opening (entrance to 2) at the right intake end and a right output opening at the right output end (secured by 2a); the body defining a left side body compartment (3) extending between left intake and left output ends thereof, the left side body defining a left intake opening at the left intake end (entrance to 3) and a left output opening at the left output end (secured by 3a); a right tailgate assembly (2a), for closing and opening the right output opening; a left tailgate assembly (3a), for closing and opening the left output opening; and a hopper defining right and left hopper compartments therein (7a and 7b), wherein the right hopper compartment and the right side body compartment define a right side waste stream channel to receive the right side waste stream when the right side body is in the lowered position thereof and the right intake opening is open, and the left hopper compartment and the left side body compartment define a left side waste stream channel to receive the left side waste stream when the left side body is in the lowered position thereof and the left intake opening is open, wherein the right side and left side waste stream channels are sealed from each other, preventing cross-contamination of the right side and left side waste stream material (waste is segregated and moved from hopper 7a/7b to container 2 or 3 where separation is maintained).
Boivin discloses separate right and left compartments but does not disclose a right side body mounted to a frame and movable between raised and lowered positions thereof, a left side body mounted to the frame and movable between raised and lowered positions thereof, a right intake door assembly, for closing and opening the right intake opening a left intake door assembly, for closing and opening the left intake opening.
Gapski teaches a vehicle including a right side body (12) mounted to a frame and movable between raised and lowered positions thereof, a left side body (14) mounted to the frame and movable between raised and lowered positions thereof (see figure 2) in order to haul and dispense different materials while keeping them separated (see col. 1 lines 15-20).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of Applicants’ claims to have modified Boivin to include a right side body mounted to a frame and movable between raised and lowered positions thereof, a left side body mounted to the frame and movable between raised and lowered positions thereof, as taught by Gapski, in order to haul and dispense different materials while keeping them separated.
Neither Boivin nor Gapski disclose a right intake door assembly, for closing and opening the right intake opening a left intake door assembly, for closing and opening the left intake opening.
Huang teaches a system including a door assembly (24) between the compartment and the hopper in order to separate them during packing as well to prevent spring back of material from the compartment back into the hopper (col. 5 lines 25-30).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of Applicants’ claims to have modified Boivin and Gapski to include a right intake door assembly, for closing and opening the right intake opening a left intake door assembly, for closing and opening the left intake opening (one for each opening as present in Boivin), a taught by Huang, in order to separate the container from the hopper during packing as well to prevent spring back of material from the compartment back into the hopper.
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boivin, Gapski and Huang in view of US 5,458,452 to Pellegrini.
Boivin, Gapski and Huang teach all the limitations of the claims except a right side packer ram assembly, for pushing the right side waste stream material at least partially through the right side waste stream channel toward the right output end; and a left side packer ram assembly, for pushing the left side waste stream material at least partially through the left side waste stream channel toward the left output end. Boivin teaches a packer 8, but uses a single packer with a divider to push material from the hopper into the compartments.
Pellegrini teaches a multichambered vehicle including a right side packer ram (44/64) assembly, for pushing the right side waste stream material at least partially through the right side waste stream channel toward the right output end; and a left side packer ram assembly (48/64), for pushing the left side waste stream material at least partially through the left side waste stream channel toward the left output end in order independent control of the packing and ejecting of each compartment (col. 6 lines 52-57).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of Applicants’ claims to have modified Boivin, Gapski and Huang to include a right side packer ram assembly, for pushing the right side waste stream material at least partially through the right side waste stream channel toward the right output end; and a left side packer ram assembly, for pushing the left side waste stream material at least partially through the left side waste stream channel toward the left output end, as taught by Pellegrini, in order independent control of the packing and ejecting of each compartment.
Regarding claim 3 Boivin discloses a cart tipper (29) for lifting a right side waste cart and a left side waste cart (20) with right side and left side waste stream material therein to respective discharge positions at which the right side and left side waste stream material is discharged from the right side and left side waste carts into the right side and left side waste stream channels respectively under the influence of gravity (see col. 4 line 57 – col. 5 line 10 discussing emptying of bins into the hopper for segregated processing).
Regarding claims 4 and 5 it is noted that both claims are entirely functional and require no additional structural limitations. The proposed combination is readily capable of performing the claimed functions and normal usage would result in doing so as the door would be closed prior to raising a given compartment and opening the tailgate to discharge the contents thereof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cited prior art show other systems for handling segregated waste streams in multichambered vehicles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK C HAGEMAN whose telephone number is (571)272-5547. The examiner can normally be reached Mon-Fri 8:15-4:45 (PST).
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARK C HAGEMAN/ Primary Examiner, Art Unit 3652
Prosecution Insights