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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on DATE has been considered and is in compliance with the provisions of 37 CFR 1.97.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,366,856. This is a statutory double patenting rejection.
Claim 1 of USP – 12,366,856
Claim 1 of US Application 19/275,865
A device for robotically opening rear swing doors of a trailer comprising: a frame adapted to receive adjacent thereto, trailer rear a member on the frame that moves in a plurality of degrees of freedom in relation to the frame and trailer, and includes structures that are arranged to manipulate a door securing assembly on the trailer; a door opening assembly that engages and swings the doors subsequent to unlocking; an interface that guides the frame and the door opening assembly remotely; and a door-fixing assembly that retains each door in an open orientation after the trailer moves remote from the frame.
A device for robotically opening rear swing doors of a trailer comprising: a frame adapted to receive, adjacent thereto, trailer rear a member on the frame that moves in a plurality of degrees of freedom in relation to the frame and trailer, and includes structures that are arranged to manipulate a door securing assembly on the trailer; a door opening assembly that engages and swings the doors subsequent to unlocking; an interface that guides the frame and the door opening assembly remotely; and a door-fixing assembly that retains each door in an open orientation after the trailer moves remote from the frame.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zevenbergen et al. (USP 9,457,970) – discloses a docking system for a semi-trailer unloading cargo, with the operations being performed robotically. However Zevengergen fails to explicitly disclose “an interface that guides the frame and the door opening assembly remotely; and a door-fixing assembly that retains each door in an open orientation after the trailer moves remote from the frame”.
Olsen, III et al. (US 2006/0015233) – discloses remotely locking and unlocking both swing and roll doors of semi-trailers and trailers. However Olsen fails to explicitly disclose “an interface that guides the frame and the door opening assembly remotely; and a door-fixing assembly that retains each door in an open orientation after the trailer moves remote from the frame”.
Rydberg (US 2010/0237653) – discloses automatically opening and closing swing doors for a cargo trailer. However Rydberg fails to explicitly disclose “an interface that guides the frame and the door opening assembly remotely; and a door-fixing assembly that retains each door in an open orientation after the trailer moves remote from the frame”.
Lampsa (US 2018/0126830) – discloses structures and apparatus for opening and closing a cargo containment structure swing doors through mechanical means. However Lampsa fails to explicitly disclose “robotically opening rear swing doors of a trailer comprising” and “a door-fixing assembly that retains each door in an open orientation after the trailer moves remote from the frame”.
Meredith et al. (US 2019/0064828) – discloses an autonomous yard vehicle system configured to move cargo trailers to and from docking areas and storage areas using a robotic autonomous yard robotic device. However Meredith does not explicitly disclose “an interface that guides the frame and the door opening assembly remotely; and a door-fixing assembly that retains each door in an open orientation after the trailer moves remote from the frame”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY JOSEPH WALLACE whose telephone number is (469)295-9087. The examiner can normally be reached 7:00 am - 5:00 pm, Monday - Friday.
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/Z.J.W./Examiner, Art Unit 3656
/WADE MILES/Supervisory Patent Examiner, Art Unit 3656
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