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 .
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.
Claim Objections
Claim 21 is objected to because of the following informalities: lines 3-4 recite “and the retainer opening each open in the outer surface” which should read “and the retainer [[opening]] each open in the outer surface”. Appropriate correction is required.
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.
Claim 23 is 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 23 recites the limitation "the retaining member" in line 2. There is insufficient antecedent basis for this limitation in the 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 7-8, and 21-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Larsen (Pat. No.: 2,862,314).
Regarding independent claim 1, Larsen discloses a pin assembly for an excavating operation comprising (Fig. 2 has been provided for immediate reference to some of the claimed elements detailed below):
a component (18) for use in the excavating operation including two arms (22 and 24) spaced apart to define a gap therebetween for receiving a second component (25), wherein each of the arms (22 and 24) includes a pin aperture (See col. 2, lns. 46-48 where it discloses “each of the legs has a bore extending transversely therethrough, and these bores are in axial alignment, as is clear from Figure 2”) that are aligned to define a pin hole (26), and one of the arms (24) includes a retainer opening (33), wherein one of the arms (24) has an outer surface facing away from the other arm (22), and the pin hole (26) and the retainer opening (33) each open in the outer surface (See Fig. 2 where the claimed outer surface corresponds to the surface in arm 24 that the head 30 of the pin 29 abuts, also See col. 2, lns. 66-70 where it discloses the head 30 “bears downwardly against the bottom wall of recess 31 provided in the uppermost leg 24”, further note that the claimed limitation of “open in” is broad and is being interpreted as to be accessible from);
a pin (29) received in the pin hole (26) and which extends into each of the pin apertures (as seen in Fig. 2), the pin (29) being adapted to be received through the second component (25) to movably connect the component (18) to the second component (25); and
a retainer (34) including a body and at least one lock (45) secured (via 44) to the body (retainer body best depicted in Fig. 4, See col. 3, lns. 48-50 where it discloses “the head of the bolt 45 abuts the top surface of the retainer plate while the nut 44 is drawn tightly against the under-surface thereof), wherein the body is fixed (i.e., fastened securely in position) to the pin (29) and received in the retainer opening (33, See Fig. 2 where the retainer body is fixed to the pin within the retainer opening), and the at least one lock (45) releasably secures the retainer (34) within the retainer opening (33) to prevent removal of the pin (29) from the pin hole (26) and turning of the pin in the pin hole (See col. 4, lns. 3-9 where it discloses to disassemble the structure, the locks 45 are removed so that the pin 29 can be freed, note that the abutting relationship between the head of the pin with the secured retainer will prevent turning of the pin in the pin hole as claimed).
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Regarding claim 3, Larsen discloses the pin assembly of claim 1, and also discloses wherein the body has opposite sides, the at least one lock (45) includes a pair of locks (as seen in Fig. 5) secured to the body (of the retainer 34) with one said lock associated with each of the opposite sides (See opposite sides in Fig. 4 and col. 3, lns. 50-52 where it discloses “the nut and bolt are provided along each side of the plate), and each said lock (45) includes a retaining member (44) movable inward and outward (i.e., toward and away respectively) of the body to releasably secure the retainer (34) in the retainer opening (33, See col. 3, lns. 37-52 for general disclosure of the securing the retainer within the retainer opening via the pair of locks).
Regarding claim 7, Larsen discloses the pin assembly of claim 1, and also discloses wherein the retainer includes a tool access opening (36) to facilitate attachment of a coupler thereto for removal of the retainer (34) from the retainer opening (See col. 4, lns. 3-9 where it discloses “a pry bar may be slipped into notch 36…the retainer plate may be driven rearwardly and out of the channel 33”, note that the disclosed pry bar corresponds to the claimed coupler).
Regarding claim 8, Larsen discloses the pin assembly of claim 1, and also discloses wherein the component is a rigging component (i.e., a component used to attach the bucket to the crane’s hoist and drag ropes).
Regarding independent claim 21, Larsen discloses a pin assembly for an excavating operation comprising (Fig. 2 has been provided for immediate reference to some of the claimed elements detailed below):
a component (17) for use in the excavating operation including an outer surface (See Fig. 2 where the claimed outer surface corresponds to the surface in arm 24 that the head 30 of the pin 29 abuts), a pin hole (26), and an elongate retainer opening (33) with opposite ends (See Fig. 5 where the dashed line depicts the retainer opening 33, with one end of the opening corresponding to the end of 33 disposed rightward of elements 45 and the other end of the opening corresponding to the end of 33 disposed leftward of the one end which include the elements 45), wherein the pin hole (26) and the retainer opening (33) each open in the outer surface and face in the same direction (the claimed limitation of “open in” is broad and is being interpreted as to be accessible from, also See Fig. 2 where the pin hole and retainer opening face outward in the same direction) and at the outer surface the retainer opening (33) encompasses (i.e., surrounds) the pin hole (26) in one end of the retainer opening (33, See Fig. 5 where the dashed line depicts the retainer opening 33, with one end of the opening corresponding to the end of 33 disposed rightward of elements 45, this one end of the opening at the outer surface surrounds the pin hole 26);
a pin (29) received in the pin hole (26), the pin (29) being adapted to connect to a second component (25) to movably connect the component (17) to the second component (25); and
a retainer (34) including a body and at least one lock (45) secured (via 44) to the body (retainer body best depicted in Fig. 4, See col. 3, lns. 48-50 where it discloses “the head of the bolt 45 abuts the top surface of the retainer plate while the nut 44 is drawn tightly against the under-surface thereof), to cooperate with the component (17) and thereby releasably secure the retainer (34) in the retainer opening (33, See col. 4, lns. 3-9 where it discloses to disassemble the structure, the locks 45 are removed so that the pin 29 can be freed after removing the retainer), wherein the body (of the retainer 34) contacts (as seen in Fig. 2, and See col. 3, lns. 48-50 where it discloses “the head of the bolt 45 abuts the top surface of the retainer plate) the pin (29) to prevent removal from the pin hole (26), and the body extends from the pin (29) along the outer face with the at least one lock (45) adjacent the pin hole (26, as seen in Fig. 2, note that the claimed outer face corresponds to the surface in arm 24 that the head 30 of the pin 29 abuts).
Regarding claim 22, Larsen discloses the pin assembly of claim 21, and also discloses wherein the body has opposite sides, the at least one lock (45) includes a pair of locks (as seen in Fig. 5) secured to the body (of the retainer 34) with one said lock associated with each of the opposite sides (See opposite sides in Fig. 4 and col. 3, lns. 50-52 where it discloses “the nut and bolt are provided along each side of the plate), and each said lock (45) includes a retaining member (44) movable inward and outward (i.e., toward and away respectively) of the body to releasably secure the retainer (34) in the retainer opening (33, See col. 3, lns. 37-52 for general disclosure of the securing the retainer within the retainer opening via the pair of locks).
Regarding claim 23, Larsen discloses the pin assembly of claim 21, and also discloses wherein the component (17) includes at least one recess (42) in the retainer opening (33, See Fig. 3 where the retainer opening 33 and the recess 42 are adjacent and therefore the recess 42 is within the opening 33) to receive (i.e., house) the retaining member (44) when moved outward to releasably secure the retainer (34) in the retainer opening (33, See col. 3, lns. 3-63 where it discloses securing the retainer within the retainer opening when the retaining member 44 is moved into the recess 42).
Regarding claim 24, Larsen discloses the pin assembly of claim 1, and also discloses wherein the retainer opening (33) encompasses (i.e., surrounds) the pin hole (26) at the outer face (See Fig. 2 where the claimed outer surface corresponds to the surface in arm 24 that the head 30 of the pin 29 abuts, also note that Fig. 2 depicts the retainer opening 33 surrounding the pin at the outer face).
Regarding claim 25, Larsen discloses the pin assembly of claim 1, and also discloses wherein the body (of the retainer 34) extends from the pin (29) along the outer face (as seen in Fig. 2), with the at least one lock (45) adjacent to the pin hole (26, also seen in Fig. 2)
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.
Claims 2, 9, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Larsen in view of Hyde (Pub. No.: 2007/0240341).
Regarding claim 2, Larsen discloses the pin assembly of claim 1, and also discloses the retainer (34) is alternatively reversibly mounted (i.e., the retainer may be reversed so that the top surface that abuts the head of the bolt 45 as seen in Fig. 3, would abut the nut 44) in the retainer opening (33) to releasably retain the pin (29) when the pin is in the pin hole (36). However, Larsen fails to disclose wherein the component includes another pin hole, the pin holes are spaced from each other to alternatively receive the pin.
Hyde discloses a component for use in an excavating operation for receiving a second component (66, See Fig. 3 and para. [0018] where the claimed component is specifically a trunnion bracket). More specifically, Hyde discloses wherein the component includes a pin hole (70) and another pin hole (72), the pin holes are spaced from each other to alternatively receive a pin (68, See Fig. 3 for spaced-apart pin holes and para. [0029] where it discloses “connector 66 can be attached via a pin 68 to hole 70 to define a first connection point 40a or to hole 72 to define a second connection point 40b rearward of the first connection point).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component of Larsen, to include the second pin hole of Hyde, with a reasonable expectation of success, in order to provide another pinned connection means for rigging components if the first pin hole were to fail during operation (damage from abrasive debris) that would not require a new component entirely.
Regarding claim 9, Larsen discloses the pin assembly of claim 1, but fails to disclose wherein the component is a trunnion bracket for dragline bucket. Hyde discloses a component for use in an excavating operation for receiving a second component (66, See Fig. 3 and para. [0018] where the claimed component is specifically a trunnion bracket). Therefore, it would have been obvious, to one having ordinary skill in the art, to modify the component of Larsen, to be compatible as the trunnion bracket of Hyde, with a reasonable expectation of success, to provide a pinned connection to a trunnion bracket.
Regarding independent claim 20, Larsen discloses a dragline bucket (10) comprising:
a shell including opposite sidewalls, each of the sidewalls having a bracket (17), and each bracket (17) including an outer surface facing away from the respective sidewall (See Fig. 2 where the claimed outer surface corresponds to the surface in arm 24 that the head 30 of the pin 29 abuts), a pin hole (26) and a retainer opening (33), wherein the pin hole (26) and the retainer opening (33) each open in the outer surface (as seen in Fig. 2, note that the claimed limitation of “open in” is broad and is being interpreted as to be accessible from)
a pin (29) received in the pin hole (26) to secure a rigging component (25) to the bracket (17); and
a retainer (34) including a body receivable in the retainer opening (33, retainer body best depicted in Fig. 4, See col. 3, lns. 48-50 where it discloses “the head of the bolt 45 abuts the top surface of the retainer plate while the nut 44 is drawn tightly against the under-surface thereof) and at least one lock (45) secured (via 44) to the body (retainer body best depicted in Fig. 4, See col. 3, lns. 48-50 where it discloses “the head of the bolt 45 abuts the top surface of the retainer plate while the nut 44 is drawn tightly against the under-surface thereof), wherein the body is fixed (i.e., fastened securely in position) to the pin (29), and the at least one lock (45) releasably secures the retainer (34) within the retainer opening (33) to prevent removal of the pin (29) from the pin hole (26) and turning of the pin in the pin hole (See col. 4, lns. 3-9 where it discloses to disassemble the structure, the locks 45 are removed so that the pin 29 can be freed, note that the abutting relationship between the head of the pin with the secured retainer will prevent turning of the pin in the pin hole as claimed).
However, Larsen fails to disclose that the bracket is specifically a trunnion bracket. Hyde discloses a component for use in an excavating operation for receiving a second component (66, See Fig. 3 and para. [0018] where the claimed component is specifically a trunnion bracket). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective fling date of the claimed invention, to modify the component of Larsen, to be compatible as the trunnion bracket of Hyde, with a reasonable expectation of success, to provide a pinned connection to a trunnion bracket.
Allowable Subject Matter
Claims 10-11, 13-19, and 26-27 are allowed.
Claims 4-6 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.
Response to Arguments
Applicant's arguments filed 05/23/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1-11 and 13-27 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references generally relate to pinned connections for an excavation operation and are considered reasonably pertinent: Silva (Pat. No.: 7,448,823), Hughes (Pat. No.: 5,367,798), Carter (Pat. No.: 3,922,040), Hughes (Pat. No.: 5,345,702), and Rangaswamy (Pat. No.: 3,959,899).
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/A.L.L./Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671