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 9, 10, 18 and 19 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.
Claims 9 and 10, the recitation “the ... edge guides objects” (emphasis added) is a positive recitation of the performance of an action, as would typically be associated with a method, and is not understood in the context of an apparatus claim. An apparatus is defined by what it is, not by what it does or how it operates. As such, the claims will be interpreted on the basis of the recitations being an intended use of the apparatus, as in --the edge is capable of guiding objects--.
Claim 18, the recitation “the cargo box includes a first front portion and a first rear portion spaced from the first front portion with respect to a second axis that is perpendicular to the first axis, and a second front portion and a second rear portion spaced from the second front portion with respect to the second axis” is not understood and seems to contradict what is described in the written specification. It is believed applicant may have intended to recite either:
--the cargo box includes a first front portion and a first rear portion spaced from the first front portion with respect to [a second axis that is perpendicular to] the first axis, and a second front portion and a second rear portion spaced from the second front portion with respect to the [second] first axis--, or
--the cargo box includes a first front portion and a [first rear portion] second front portion spaced from the first front portion with respect to a second axis that is perpendicular to the first axis, and a [second front portion] first rear portion and a second rear portion spaced from the [second front portion] first rear portion with respect to the second axis--.
Claim 19, the recitations “the actuators” lacks clear and proper antecedent basis, as “one or more actuators” have previously been recited.
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 1-6, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoover et al (US 2,970,664).
Hoover shows a “tracked” vehicle (as broadly claimed; see note below)*, comprising: a cargo box 3, comprising: a bed 4 extending between a first edge (adjacent bumper 6) and a second edge (opposite bumper 6) with respect to a first axis (i.e., the length or longitudinal direction) and between a first side (adjacent control means 8) and a second side (opposite control means 8) with respect to a second axis that is perpendicular to the first axis (i.e., the width or lateral direction), a first side wall (not separately identified but readily apparent in at least Figs. 1-3) coupled to the first side of the bed and extending between the first edge and the second edge, a second side wall (not separately identified but readily apparent in at least Figs. 1-3) coupled to the second side of the bed and extending between the first edge and the second edge, and a conveyor 5 coupled to the bed and extending between the first edge and the second edge and between the first side and the second side; and a suspension and propulsion system (including but not limited to wheels 9-10, motors 11, and the various suspension components described at col. 2:65 to col. 4:9) coupled to the cargo box.
*Note: the recitation “tracked vehicle” is solely recited in the preamble of claim 1. When reading the preamble in the context of the entire claim, the recitation “tracked” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claims is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Re claim 2, the first side wall includes a first proximal end coupled to the first side of the bed and a first distal end spaced from the first proximal end with respect to a third axis that is perpendicular to the first axis and the second axis (i.e., the height or vertical direction), and the second side wall includes a second proximal end coupled to the second side of the bed and a second distal end spaced from the second proximal end with respect to the third axis (Figs. 1-3).
Re claim 3, a first well guard is coupled to the first distal end of the first side wall and extends between the first edge and the second edge, and a second well guard is coupled to the second distal end of the second side wall and extends between the first edge and the second edge (not separately identified but readily apparent in at least Figs. 1-3).
Re claim 4, the first side wall includes a first front portion and a first rear portion that are spaced from one another with respect to the first axis and extend between the first proximal end and the first distal end, and the second side wall includes a second front portion and a second rear portion that are spaced from one another with respect to the first axis and extend between the second proximal end and the second distal end (Figs. 1-3).
Re claim 5, the first front portion and the first rear portion are tapered between the first proximal end and the first distal end, and the second front portion and the second rear portion are tapered between the second front portion and the second rear portion (Figs. 1-2).
Re claim 6, the first side wall and the second side wall are parallel to one another (Figs. 1, 3).
Re claim 9 (as best understood in light of the rejection under 35 U.S.C. 112(b) set forth above in par. 3), the first edge is capable of guiding [guides] objects toward an object-receiving area defined by the first side wall, the second side wall, and the bed.
Re claim 10, in the same manner, the second edge is capable of guiding [guides] objects toward the object-receiving area.
Claims 1, 2, 4-6, 11-13 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Casimaty et al (WO 98/21083, cited by applicant).
Casimaty shows a tracked vehicle 10, comprising: a cargo box 30, comprising: a bed (not separately identified but the bottom surface of the box clearly defines a bed) extending between a first edge and a second edge with respect to a first (longitudinal) axis and between a first side and a second side with respect to a second (lateral) axis that is perpendicular to the first axis (Figs. 1-2), a first side wall coupled to the first side of the bed and extending between the first edge and the second edge (Figs. 1-2), a second side wall coupled to the second side of the bed and extending between the first edge and the second edge (Figs. 1-2), and a conveyor 31 coupled to the bed and extending between the first edge and the second edge and between the first side and the second side; and a suspension and propulsion system (including but not necessarily limited to 12-16 and 21) coupled to the cargo box.
Re claim 2, the first side wall includes a first proximal end coupled to the first side of the bed and a first distal end spaced from the first proximal end with respect to a third axis that is perpendicular to the first axis and the second axis (i.e., the height or vertical direction), and the second side wall includes a second proximal end coupled to the second side of the bed and a second distal end spaced from the second proximal end with respect to the third axis (Figs. 1-2).
Re claim 4, the first side wall includes a first front portion and a first rear portion that are spaced from one another with respect to the first axis and extend between the first proximal end and the first distal end, and the second side wall includes a second front portion and a second rear portion that are spaced from one another with respect to the first axis and extend between the second proximal end and the second distal end (Figs. 1-2).
Re claim 5, the first front portion and the first rear portion are tapered between the first proximal end and the first distal end, and the second front portion and the second rear portion are tapered between the second front portion and the second rear portion (upper angled portions of walls shown Figs. 1-2).
Re claim 6, (at least the lower portions of) the first side wall and the second side wall are parallel to one another (Fig. 2).
Re claim 11, Casimaty shows a tracked vehicle, comprising: a cargo box 30 including a first edge and a second edge spaced from the first edge with respect to a first axis (as noted above with respect to claim 1); a first track assembly 13’-16’ and a second track assembly 13”-16” coupled to the cargo box, the first track assembly and the second track assembly each comprising: a frame 12 coupled to the cargo box, one or more wheels 13-15 coupled to the frame, and a track 16 arranged on and movable with respect to the wheels; and one or more actuators 21 arranged between the cargo box and the frame.
Re claim 12, the cargo box is movable between a first position and a second position (via turntable 35, as described at page 6, last sentence of middle paragraph).
Re claim 13, the first edge and the second edge are equally spaced from a ground surface in the first position (Fig. 1).
Re claim 15, the first track assembly and the second track assembly each include a motor 21 coupled to at least one of the one or more wheels (Fig. 2).
Re claim 16, the motors drive at least one of the one or more wheels in a first direction or a second direction opposite of the first direction (page 4, last full paragraph).
Re claim 17, the motor of the first track assembly is controlled independently from the motor of the second track assembly (page 5, first full paragraph).
Re claim 18 (as best understood in light of the rejection under 35 U.S.C. 112(b) set forth above in par 3), the cargo box includes a first front portion and a first rear portion spaced from the first front portion with respect to [a second axis that is perpendicular to] the first axis, and a second front portion and a second rear portion spaced from the second front portion with respect to the [second] first axis, and/or the cargo box includes a first front portion and a [first rear portion] second front portion spaced from the first front portion with respect to a second axis that is perpendicular to the first axis, and a [second front portion] first rear portion and a second rear portion spaced from the [second front portion] first rear portion with respect to the second axis.
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.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hoover et al in view of Uetake et al (US 12,077,085).
Hoover does not explicitly disclose that the conveyor is configured to move objects in both a first direction and a second direction that is opposite of the first direction (although there is no indication that the conveyor cannot be driven in reverse).
Uetake discloses a generally similar vehicle wherein a conveyor 30 is configured to move objects in a first direction and a second direction that is opposite of the first direction (col. 4:30-38).
It would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the apparatus of Hoover by configuring the conveyor to move objects in a second direction opposite of the first direction, as shown by Uetake, to provide greater operating flexibility (i.e., loading or unloading at both ends) and/or assist in unjamming objects which may have become stuck or wedged between the sides of the cargo box.
Re claim 8, when so modified, the first direction would extend from the first edge toward the second edge with respect to the first axis, and the second direction would extend from the second edge toward the first edge with respect to the first axis.
Claims 11-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hoover et al in view of Puls (US 2010/0054907).
Hoover shows a vehicle, comprising: a cargo box 3 including a first edge and a second edge spaced from the first edge with respect to a first axis (as noted above with respect to claim 1), and one or more actuators 36, 53, 67 or 67’ arranged between the cargo box and the frame.
Hoover does not show a first track assembly and a second track assembly coupled to the cargo box, the first track assembly and the second track assembly each comprising: a frame coupled to the cargo box, one or more wheels coupled to the frame, and a track arranged on and movable with respect to the wheels.
However, Hoover does show first and second drive assemblies coupled to the cargo box, each comprising a frame (not separately identified but readily apparent) and one or more wheels 9, 10 coupled thereto.
Puls shows a generally similar vehicle wherein first and second track assemblies 140/141 or 530/535 are coupled to a cargo receptacle (which could be but is not necessarily limited to 700), each track assembly comprising a frame coupled to the cargo receptacle, one or more wheels coupled to the frame, and a track arranged on and movable with respect to the wheels (Figs. 6b, 7). The track assemblies are disclosed as an alternative to wheels (par. [0036]).
It would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the apparatus of Hoover by substituting track assemblies for the wheels, wherein each track assembly comprised a frame coupled to the cargo receptacle, one or more wheels coupled to the frame, and a track arranged on and movable with respect to the wheels, as taught by Puls, to provide increased traction.
Re claims 12-14, the cargo box of Hoover is movable between a first position and a second position, wherein the first edge and the second edge are equally spaced from a ground surface in the first position (Fig. 2), and wherein the first edge is arranged closer to the ground surface than the second edge in the second position (Fig. 13).
Re claim 15, when modified as above, the first track assembly and the second track assembly would each include a motor coupled to at least one of the one or more wheels.
Re claim 16, the motors clearly are capable of driving at least one of the one or more wheels in a first direction or a second direction opposite of the first direction.
Re claim 18 (as best understood in light of the rejection under 35 U.S.C. 112(b) set forth above in par 3), the cargo box of Hoover includes a first front portion and a first rear portion spaced from the first front portion with respect to [a second axis that is perpendicular to] the first axis, and a second front portion and a second rear portion spaced from the second front portion with respect to the [second] first axis, and/or the cargo box includes a first front portion and a [first rear portion] second front portion spaced from the first front portion with respect to a second axis that is perpendicular to the first axis, and a [second front portion] first rear portion and a second rear portion spaced from the [second front portion] first rear portion with respect to the second axis.
Re claim 19, the actuators of Hoover include front actuators 36 (Figs. 1-5 embodiment) that are arranged adjacent to the first front portion and the second front portion and rear actuators 36 that are arranged adjacent to the first rear portion and the second rear portion (col. 3:39 to col. 4:9). Similar actuators 53, 67 and 67’ are shown in the Figs. 6-8, 9-11 and 12 embodiments, respectively.
Re claim 20, the front actuators and the rear actuators of Hoover are movable between a retracted position and a deployed position, the front actuators being movable independent of the rear actuators (Figs. 13-14).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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. 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
9/17/26
Prosecution Insights