The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign mentioned in the description: 421. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 and 12 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 9, line 3, the recitation “arranged on opposite sides” is unclear in that it fails to indicate to what the opposite sides refer.
Claim 12, line 1, the recitation “wherein, when the second body portion is configured ... such that ...” is not understood. It is believed that “, when” should be deleted.
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 1-4, 6, 11 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kroll (US 2,359,316).
Kroll shows a conveyer system comprising:
a first body portion 5, 10 disposed on an inside of a vehicle body;
a first roller (not separately identified but note conveyor 22 is disclosed as being supported by rollers; see Fig. 2 and lines 40-42 of the 2nd col. of page 1) disposed on the first body portion;
a second body portion 24 having a first side hingedly coupled to the first body portion (Figs. 2-3);
a second roller (again, not separately identified but note conveyor 23 is disclosed as being supported by rollers; see Figs. 2, 3 and 5, and lines 37-39 of the 2nd col. of page 1) disposed on the second body portion; and
a driving system 25-28 configured to rotate the second body portion relative to the first body portion, such that at least a portion of the second body portion can be exposed to an outside of the vehicle body, and such that the second body portion can form a slope in which a distance from a ground becomes closer from outside of the vehicle body toward the inside of the vehicle body (Fig. 2 and lines 26-37 of the 2nd col. of page 1).
Re claim 2, at least a portion of the driving system is disposed in an inner edge region of the first body portion (Figs. 1-3).
Re claim 3, the driving system comprises a lift 26, wherein a first lift side of the lift is disposed on the first body portion (i.e., from winch 28 to pulley 27), wherein a second lift side of the lift is disposed on the second body portion (from pulleys 27 to anchor points 25), and wherein the second body portion is configured to rotate through movement of the lift.
Re claim 4, the lift is configured to change in length as the second body portion rotates relative to the first body portion (i.e., cables 26 wind and unwind on winch 28).
Re claim 6, absent any structural limitations of the term, the upper edge of second body portion 24 is considered to be a “guide rail” disposed on an outer edge of the second body portion, and the second lift side of the lift is configured to “move along” (as broadly recited) the guide rail, at least to some extent (i.e., as the lift cables 26 are wound and unwound on winch 28 to pivot the second body portion as described, there would be relative movement between the portion of the cables extending from 25 to 27 and the “guide rails”, as readily apparent from Figs 2-3).
Re claim 11, a first-roller rotation axis of each of a plurality of the first roller is disposed parallel to a second-body rotation axis of the second body portion (Fig. 2).
Re claim 13, “a first length” (as broadly recited) of the first body portion in a first direction is longer than “a second length” (as broadly recited) of the second body portion in the first direction, wherein the first direction is intersecting a first-roller rotation axis direction of a plurality of the first roller. Note that “a length” could be any arbitrary portion of the first or second body portions, not necessarily the maximum length. Furthermore, even if the maximum length was recited, the distance between the outer edges of the wheels 9, which could be considered the first length, is greater than the distance between the extremities of the second body portion 24 (Figs. 1-2).
Re claim 14, Kroll shows a vehicle comprising:
a vehicle body 5/10; and
a conveyor system 22/23 disposed on the vehicle body, wherein the conveyor system comprises:
a first body portion 5 disposed on an inside of the vehicle body, wherein the first body portion includes a first roller (interpreted as noted above with respect to claim 1), and
a second body portion 24 disposed on the first body portion, wherein the second body portion includes a second roller (also interpreted as per claim 1 above), wherein the second body portion is disposed on the first body portion with a configuration such that at least a portion of the second body portion can be disposed on an outside of the vehicle body and can form a slope relative to the first body portion (Fig. 2).
Re claim 15, the slope becomes closer to a ground in a first direction, and the first direction is a direction intersecting a rotation axis direction of the second roller.
Claims 1, 11 and 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khong et al (US 2018/0079601).
Khong shows a conveyer system comprising:
a first body portion 32 disposed on an inside 26 of a vehicle body 24;
a first roller 38 (Fig. 7; pars. [0064], [0081]) disposed on the first body portion;
a second body portion 2 having a first side hingedly coupled to the first body portion (Figs. 4-10; pars. [0058], [0069], [0070], [0084], [0127]);
a second roller 4 disposed on the second body portion (Fig. 1; par. [0031]); and
a driving system (not explicitly identified but considered inherent from context, e.g., above-noted pars. [0058], [0069], [0070], [0084], [0127]) configured to rotate the second body portion relative to the first body portion, such that at least a portion of the second body portion can be exposed to an outside of the vehicle body, and such that the second body portion can form a slope in which a distance from a ground becomes closer from outside of the vehicle body toward the inside of the vehicle body (Figs. 6, 9, 10).
Re claim 11, a first-roller rotation axis of each of a plurality of the first roller is disposed parallel to a second-body rotation axis of the second body portion (Figs. 4-5).
Re claim 13, a first length of the first body portion in a first direction is longer than a second length of the second body portion in the first direction, wherein the first direction is intersecting a first-roller rotation axis direction of a plurality of the first roller.
Re claim 14, Khong shows a vehicle comprising:
a vehicle body 24; and
a conveyor system 2/34 disposed on the vehicle body, wherein the conveyor system comprises:
a first body portion 32 disposed on an inside 26 of the vehicle body, wherein the first body portion includes a first roller 38, and
a second body portion 2 disposed on the first body portion, wherein the second body portion includes a second roller 4, wherein the second body portion is disposed on the first body portion with a configuration such that at least a portion of the second body portion can be disposed on an outside of the vehicle body and can form a slope relative to the first body portion (Fig. 6; par. [0058]).
Re claim 15, the slope becomes closer to a ground in a first direction, and the first direction is a direction intersecting a rotation axis direction of the second roller (Figs. 6, 9, 10; par. [0058]).
Re claim 16, Khong shows a vehicle comprising:
a vehicle body 24 having a cargo area with a floor (Figs. 4-10); and
a conveyor system 2/34 attached to the floor of the cargo area, wherein the conveyor system comprises:
a first body portion 32 located in the cargo area,
a first set of rollers 38 in the first body portion, wherein the first set of rollers is configured to assist movement of a cargo 18 along the first set of rollers in a first direction from outside the cargo area toward inside the cargo area (Fig. 7; par. [0060]),
a second body portion 2 pivotably coupled to the first body portion,
a second set of rollers 4 in the second body portion, wherein the second set of rollers is configured to assist movement of the cargo along the second set of rollers in the first direction from outside the cargo area toward the first set of rollers (Figs. 4-5; par. [0064]).
Re claim 17, the conveyor system is configured so that the second body portion can be extended outside the cargo area with a slope downward towards the first body portion (Figs. 6, 9, 10; par. [0058]).
Re claim 18, the conveyor system is configured so that the second body portion can be folded into the cargo area and stored in the cargo area (pars. [0069], [0070]).
Claims 1-5, 11 and 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carder (US 3,944,096).
Carder shows a conveyer system comprising:
a first body portion 14 disposed on an inside of a vehicle body 26 (Figs. 1-2);
a first roller (such as but necessarily limited to 56; Figs. 10-12 and col. 3:25-30) disposed on the first body portion;
a second body portion 82 having a first side hingedly coupled to the first body portion (Figs. 18-21; col. 4:3-6);
a second roller (such as but necessarily limited to 110, 132, 134 and/or 136; Fig. 18 and col. 4:15-17, 46-49) disposed on the second body portion; and
a driving system 100, 102 (Figs. 20, 23) configured to rotate the second body portion relative to the first body portion, such that at least a portion of the second body portion can be exposed to an outside of the vehicle body, and such that the second body portion can form a slope in which a distance from a ground becomes closer from outside of the vehicle body toward the inside of the vehicle body (Fig. 20 phantom).
Re claim 2, at least a portion of the driving system is disposed in “an inner edge region” (as broadly recited) of the first body portion (Fig. 20).
Re claim 3, the driving system comprises a lift 100/102, wherein a first lift side of the lift is disposed on the first body portion (nothing precludes intermediate frame 74 from being considered part of the first body portion), wherein a second lift side of the lift is disposed on the second body portion, and wherein the second body portion is configured to rotate through movement of the lift (Fig. 20).
Re claim 4, the lift is configured to change in length as the second body portion rotates relative to the first body portion (inherent from Fig. 20).
Re claim 5, the lift includes a piston rod (Figs. 20, 23), and the piston rod has a drawn length that is configured to vary depending on the movement of the lift.
Re claim 11, a first-roller rotation axis of each of a plurality of the first roller is disposed parallel to a second-body rotation axis of the second body portion (Figs. 3, 18).
Re claim 13, a first length of the first body portion in a first direction is longer than a second length of the second body portion in the first direction, wherein the first direction is intersecting a first-roller rotation axis direction of a plurality of the first roller (Figs. 1-3).
Re claim 14, Carder shows a vehicle 10 comprising:
a vehicle body 26; and
a conveyor system disposed on the vehicle body, wherein the conveyor system comprises:
a first body portion 14 disposed on an inside of the vehicle body, wherein the first body portion includes a first roller 56, and
a second body portion 82 disposed on the first body portion, wherein the second body portion includes a second roller 110, 132, 134 and/or 136, wherein the second body portion is disposed on the first body portion with a configuration such that at least a portion of the second body portion can be disposed on an outside of the vehicle body and can form a slope relative to the first body portion (Fig. 20).
Re claim 15, the slope becomes closer to a ground in a first direction, and the first direction is a direction intersecting a rotation axis direction of the second roller.
Re claim 16, Carder shows a vehicle comprising:
a vehicle body 26 having a cargo area with a floor (Figs. 1-9); and
a conveyor system attached to the floor of the cargo area, wherein the conveyor system comprises:
a first body portion 14 located in the cargo area,
a first set of rollers 56 in the first body portion, wherein the first set of rollers is configured to assist movement of a cargo 34/36 along the first set of rollers in a first direction from outside the cargo area toward inside the cargo area (the conveyors can be operated in either direction to load or unload cargo to or from an aircraft),
a second body portion 82 pivotably coupled to the first body portion,
a second set of rollers 110, 132, 134 and/or 136 in the second body portion, wherein the second set of rollers is configured to assist movement of the cargo along the second set of rollers in the first direction from outside the cargo area toward the first set of rollers.
Re claim 17, the conveyor system is configured so that the second body portion can be extended outside the cargo area with a slope downward towards the first body portion (Fig. 20).
Claims 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haney (US 1,444,604).
Haney shows a vehicle comprising:
a vehicle body (not separately identified; see Fig. 1); and
a conveyor system 2/3/7 disposed on the vehicle body, wherein the conveyor system comprises:
a first body portion 1 disposed on an inside of the vehicle body, wherein the first body portion includes a first roller 2/3, and
a second body portion 6 disposed on the first body portion, wherein the second body portion includes a second roller (not separately identified but endless conveyor 7 is clearly supported on rollers), wherein the second body portion is disposed on the first body portion with a configuration such that at least a portion of the second body portion can be disposed on an outside of the vehicle body and can form a slope relative to the first body portion (Fig. 2).
Re claim 15, the slope becomes closer to a ground in a first direction, and the first direction is a direction intersecting a rotation axis direction of the second roller.
Re claim 16, Haney shows a vehicle comprising:
a vehicle body having a cargo area with a floor (Fig. 1); and
a conveyor system 2/3/7 attached to the floor of the cargo area, wherein the conveyor system comprises:
a first body portion 1 located in the cargo area,
a first set of rollers 2/3 in the first body portion, wherein the first set of rollers is configured to assist movement of a cargo along the first set of rollers in a first direction from outside the cargo area toward inside the cargo area (the conveyors can be operated in either direction to load or unload cargo; lines 4-17, 1st col. of page 2),
a second body portion 6 pivotably coupled to the first body portion,
a second set of rollers (as noted above with respect to claim 14) in the second body portion, wherein the second set of rollers is configured to assist movement of the cargo along the second set of rollers in the first direction from outside the cargo area toward the first set of rollers.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Khong et al in view of Kuechler (WO 99/32326).
Khong does not disclose that the conveyor system further comprises a lift system extending between the first body portion and the second body portion, wherein the lift system is configured to vary in length and drive a pivotal movement of the second body portion relative to the first body portion.
Kuechler shows a second body portion 102 and/or 104 pivotally connected to a first body portion 6 at a floor edge of a vehicle body 4, wherein both body portions comprise conveyors with rollers capable of moving cargo therebetween, wherein the second body portion can be extended outside the cargo area with a slope downward towards the first body portion and can be folded into the cargo area and stored in the cargo area, wherein a lift system 98 extends between the first body portion and the second body portion, and wherein the lift system is configured to vary in length and drive a pivotal movement of the second body portion relative to the first body portion (Fig. 5).
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 Khong by providing a lift system that extended between the first body portion and the second body portion, wherein the lift system was configured to vary in length and drive a pivotal movement of the second body portion relative to the first body portion, as shown by Kuechler, as this would simply be a well-known and art recognized means to manipulate the second body portion between use and storage positions in an effective, convenient and reliable manner.
Claims 1-5, 9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Haney in view of Banks (US 6,860,702).
Haney shows a conveyer system comprising:
a first body portion 1 disposed on an inside of a vehicle body (Fig. 1);
a first roller 2 or 3 disposed on the first body portion;
a second body portion 6 having a first side hingedly coupled to the first body portion; and
a second roller (as noted above with respect to claim 14) disposed on the second body portion.
Haney does not show a driving system configured to rotate the second body portion relative to the first body portion, such that at least a portion of the second body portion can be exposed to an outside of the vehicle body, and such that the second body portion can form a slope in which a distance from a ground becomes closer from outside of the vehicle body toward the inside of the vehicle body. However, at least a portion of the second body portion is clearly exposed to an outside of the vehicle body. Further, the second body portion can be “lowered onto a platform 17” (Fig. 2) as well as “swung up out of the way”. Thus, if the platform was higher than the vehicle body, the second body portion would form a slope in which a distance from a ground becomes closer from outside of the vehicle body toward the inside of the vehicle body. As such, Haney is missing only a driving system to rotate the second body portion, such pivotal movement apparently being performed manually.
The examiner notes it is generally well known to utilize mechanical or powered means to replace manual activity that accomplishes the same result.
For example, Banks shows a vehicle wherein a second body portion 21 is rotated relative to a first body portion 22 between an out of the way, non-use position (Fig. 2) and a sloped position (Fig. 3, Fig. 4 or somewhere in-between) by means of a driving system (includes at least 33/36/41).
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 Haney by utilizing a driving system configured to rotate the second body portion relative to the first body portion, such that at least a portion of the second body portion could be exposed to an outside of the vehicle body, and such that the second body portion could form a slope in which a distance from a ground becomes closer from outside of the vehicle body toward the inside of the vehicle body, as suggested by Banks, as this would provide convenience to an operator by precluding the necessity of manually manipulating the second body portion.
Re claim 2, Banks shows that at least a portion of the driving system is disposed in “an inner edge region” (as broadly recited) of the first body portion. This feature would obviously be included in the apparatus of Haney when modified as above.
Re claim 3, Banks shows that the driving system comprises a lift 33/36/41, wherein a first lift side of the lift is disposed on the first body portion, wherein a second lift side of the lift is disposed on the second body portion, and wherein the second body portion is configured to rotate through movement of the lift (Figs. 2-6). This feature would obviously be included in the apparatus of Haney when modified as above.
Re claim 4, Banks shows that the lift is configured to change in length as the second body portion rotates relative to the first body portion (Figs. 5-6). This feature would obviously be included in the apparatus of Haney when modified as above.
Re claim 5, Banks shows that the lift includes a piston rod (Figs. 5-6), and the piston rod has a drawn length that is configured to vary depending on the movement of the lift. This feature would obviously be included in the apparatus of Haney when modified as above.
Re claim 9, Banks shows that the lift comprises only a single central lift rather than a first lift and a second lift, wherein the first lift and the second lift are arranged on opposite sides of the first body portion with a plurality of the first roller being interposed therebetween.
Nevertheless, the provision of first and second lifts on opposite sides of the first body portion in place of a single central lift would have been a mere duplication of parts. As such, 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 additionally modified the apparatus of Haney by providing a first lift and a second lift on opposite sides of the first body portion with a plurality of the first roller being interposed therebetween, since it has been held that mere duplication of parts involves only routine skill in the art and has no patentable significance unless a new and unexpected result is obtained. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8; In re Harza, 274 F.2d 669, 124 USPQ 378.
Re claim 11, Haney shows that a first-roller rotation axis of each of a plurality of the first roller is disposed parallel to a second-body rotation axis of the second body portion (Figs. 1-2).
Re claim 12, Banks shows that the second body portion is configured to be rotated and disposed parallel to the first body portion. This feature would obviously be included in the apparatus of Haney when modified as above, especially since this is presumably what is meant by an “out of the way” position. When so modified, a first plurality of the first roller and a second plurality of the second roller would directly face each other.
Re claim 13, Haney shows that a first length of the first body portion in a first direction is longer than a second length of the second body portion in the first direction, wherein the first direction is intersecting a first-roller rotation axis direction of a plurality of the first roller (Figs. 1-2).
Claims 7-8 and 20 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.
Claim 10 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.
Note that although claim 10 per se is not indefinite, it depends from indefinite claim 9, as noted above in par. 4.
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.
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
9/30/26
