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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 27, 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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 17-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anisy et al. (USP 9,315,972).
Regarding claim 17: Anisy discloses a wear assembly (as seen in figure 1, generally 1) for earth working equipment (column 1, lines 14-16) comprising:
a wear member (as seen in figure 1, generally 10) operable to couple to a digging edge of the earth working equipment, wherein the wear member includes an outer surface (as seen in figure 3, specifically in the area of 16);
a wear cap (as seen in figure 1, at 20) configured to mount on the wear member and overlie at least a portion of the outer surface (as seen in figures 1 and 3, where wear cap portion in area of 28 “overlays” outer surface in the area of 16); and
a lock (as seen in figure 3, generally 30) that secures the wear member to the digging edge and the wear cap to the wear member (as seen in figure 4).
Regarding claim 18: Anisy discloses the wear assembly of claim 17. Further, Anisy discloses wherein the wear member includes a front end (as seen in figure 4, area of 10.1) and bifurcated legs (as seen in figure 4, area of 10.3 and 10.5) extending rearwardly from the front end, each of the legs including an inner surface to face the digging edge, one said outer surface opposite the inner surface (as seen in annotated figure 4 below), and a rear wall (as seen in figure 4, area of 14), at least one of the legs having a lock opening to receive the lock therein (as seen in figure 3, area of 18).
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Regarding claim 19: Anisy discloses the wear assembly of claim 17. Further, Anisy discloses wherein the wear member includes a recess in the outer surface into which the wear cap is received (as seen in figure 1 and 4).
Regarding claim 20: Anisy discloses the wear assembly of claim 18. Further, Anisy discloses wherein the wear cap includes a top portion overlying the one said outer surface of one of the legs, and a pair of sidewalls overlying opposite sides of the one leg to resist side loads on the wear cap (as seen in annotated figure 1 below).
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Regarding claim 21: Anisy discloses the wear assembly of claim 17. Further, Anisy discloses wherein the wear member includes at least one front facing lateral wall (as seen in figure 3, area of 15 and 17), and the wear cap includes at least one rear facing bearing surface (as seen in figure 3, at 26) to engage the at least one front facing lateral wall to resist rearward movement of the wear cap (as seen in figure 4).
Regarding claim 22: Anisy discloses the wear assembly of claim 18. Further, Anisy discloses wherein the wear member includes an indentation (as seen in figure 3, at 16) on each side of the lock opening, each of the indentations includes one said front facing lateral wall (as seen in figure 3, at 17), the wear cap includes a projection to fit into each of the indentations (as seen in figure 3, at 28), and each of the projections includes one said rear facing bearing surface to bear against one of the front facing lateral walls (as seen in figure 1).
Regarding claim 23: Anisy discloses the wear assembly of claim 18. Further, Anisy discloses wherein the wear member includes at least one retaining surface that faces generally in a same direction as the inner surface of the leg with the wear cap, and which is suitable for overlying a portion of the wear cap to resist movement of the wear cap away from the wear member (as seen in annotated figure 4 below).
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Regarding claim 24: Anisy discloses the wear assembly of claim 18. Further, Anisy discloses wherein the lock includes at least one retaining surface that faces generally in a same direction as the inner surface of the leg with the wear cap (as seen in figure 4, area of 40), and which is suitable for overlying a portion of the wear cap to resist movement of the wear cap away from the wear member (as seen in figure 4, area of 22).
Regarding claim 25: Anisy discloses the wear assembly of claim 17. Further, Anisy discloses wherein the lock includes a pair of arms (as seen in figure 2, area of 38 and opposing side) that capture a portion of the wear cap (as seen in figure 2, via 33) and a portion of the wear member therebetween (as seen in figure 2, via surface at area of 10.9).
Regarding claim 26: Anisy discloses the wear assembly of claim 17. Further, Anisy discloses wherein the wear cap includes an opening in registration with the lock opening (as seen in figure 2, at 27).
Regarding claim 27: Anisy discloses the wear assembly of claim 17. Further, Anisy discloses wherein the lock includes a spool (as seen in figure 2, at 21) and a wedge (as seen in figure 2, generally 30).
Regarding claim 28: Anisy discloses the wear assembly of claim 17. Further, Anisy discloses an embodiment wherein the wear member is an adapter with a nose (as seen in figure 15, at 330) to support a point (as seen in figure 15, at 110).
Regarding claim 29: Anisy discloses the wear assembly of claim 17. Further, Anisy discloses an embodiment wherein the wear member is a shroud (as seen in figure 1, generally 1).
Regarding claim 30: Anisy discloses a wear assembly (as seen in figure 1, generally 1) for attaching to a digging edge of an earth working equipment (column 1, lines 14-16), the wear assembly comprising:
a wear member (as seen in figure 1, generally 10) including a front end (as seen in figure 4, area of 10.1) and bifurcated legs (as seen in figure 4, area of 10.3 and 10.5) extending rearwardly from the front end, each of the legs including a front portion, a rear portion rearward of the front portion, an inner surface to face the digging edge, an outer surface opposite the inner surface (as seen in annotated figure 4 below), and a rear wall (as seen in figure 4, area of 14), and at least one of the legs having a lock opening (as seen in figure 3, generally 18) to receive a lock therein;
a wear cap (as seen in figure 1, generally 20) mounted on the wear member to overlie at least a portion of the outer surface of one of the legs in the rear portion proximate the rear wall; and
the lock (as seen in figure 1, generally 30) in the lock opening to retain the wear member on the digging edge.
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Regarding claim 31: Anisy discloses the wear assembly of claim 30. Further, Anisy discloses wherein the lock (as seen in figure 4, area of 30) in the lock opening retains the wear cap (as seen in figure 4, area of 20) on the wear member and the wear member on the digging edge (as seen in figure 4).
Allowable Subject Matter
Claims 32, 33 and 61-70 are allowed.
Claim 60 is 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 January 27, 2026 have been fully considered but they are not persuasive. The applicant’s representative appears to be arguing a difference in nomenclature between applicant’s device and the prior art. The examiner respectfully believes that these arguments are not germane to the issues at hand. Under 35 USC 102, it is well established that if a prior art feature is capable of performing the claimed function, that feature anticipates the corresponding feature of the claimed device regardless of nomenclature. In Anisy, member 20 is “configured to mount on the wear member and overlie at least a portion of the outer surface” and inherently by its location providing some measure of protection against wear (as seen in figures 1 and 3, where wear cap portion in area of 28 “overlays” outer surface in the area of 16)” and therein performing the function as a wear cap as currently claimed. Also, member 30 clearly “secures the wear member to the digging edge and the wear cap to the wear member” and thus performing the function of a “lock” and therein allow Anisy to anticipate the claims as currently written.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT ERIC PEZZUTO whose telephone number is (703)756-1320. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca can be reached at 571-272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT E PEZZUTO/Examiner, Art Unit 3671