FINAL 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 .
Response to Arguments
Examiner thanks applicant for their time and attention during the interview conducted 03/19/2026.
Applicant’s arguments, see Applicant’s Arguments/Remarks Made in an Amendment, filed 05/06/2026, with respect to the rejection(s) of claim 1 under 35 U.S.C. 103 as being unpatentable over AT 349051 B, hereinafter referred to as AT349, in view of Meisel et al as part of US 5031964 A, hereinafter referred to as Meisel, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Sterwerf as part of US 4717206 A, hereinafter referred to as Sterwerf, in view of AT349, further in view of Meisel.
In the interest of compact prosecution, examiner wishes to respond to specific arguments made by applicant.
Applicant has amended claim 1 to recite “wherein one of the front end and the rear end of the body comprises two lateral plates, and the opposite end of the body comprises a central plate configured to be received between the lateral plates of an adjacent link, wherein articulation of successive links is through the front through-hole and the rear through-hole”, which applicant states is not taught by AT349, Meisel, or by combination of the two disclosures. Examiner agrees with this assessment, as neither disclosure teaches of a central plate being positioned between two lateral plates of the adjacent link, which are connected in such a way as to allow articulation of said links.
Applicant states, with respect to new claim 19, that Theurer as part of EP 0737779 A1, hereinafter referred to as Theurer, does teach of a flat surface in the through hole of the links, however Theurer does not provide rationale as to why the flat surface is used, specifically that no teaching or suggestion is made that the flat surface of the through hole does not act “so as to block an axis of the hinge means in rotation”, as is required by the claim language. Applicant further posits that reading such a functional requirement into the prior art reference relies on hindsight reasoning, and that one of ordinary skill in the art would not seek to combine the teaching of Theurer with the teachings of AT349 or Meisel, as they relate to systems subject to different mechanical constraints and operational conditions.
While examiner does cede that there is no explicit motivation for the presence of the flat surface shown by Theurer, and there is therefore no explicit benefit presented in Theurer to combine said flat surface element with the disclosures of AT349 or Meisel, examiner does not find the argument persuasive that AT349 and Meisel are related to systems mechanically or operationally different than the disclosure presented by Theurer. AT349, Meisel, and Theurer are all directed to mining or cutting implements designated to be used on stone (AT349: Page 2, line 1-5, the invention relates to a clearing and conveyer chain for cleaning track beds; Meisel: Col. 1, line 6-9, the invention relates to cutting operations of a mining apparatus; Theurer: Col. 1, line 3-10, the invention relates to engage, remove, and clean ballast from a track bed). As the three disclosures are directed towards similar functions and purposes, it would be obvious for one of ordinary skill in the art to seek solutions from the relevant disclosures.
Applicant argues with respect to new claim 21 that AT349 discloses a circular return member, not a partially elliptical guide member. Further, applicant argues that there is no stated relationship between the distance separating the front and rear longitudinal ends of the guide surface and the center distances between the through holes of the link, and therefore AT349 does not apply to the claim language of new claim 19, and Meisel similarly does not teach of such an elliptical guide member or such stated relationship.
Examiner does not find this argument persuasive. According to Dictionary.com, an ellipse is defined as “a plane curve such that the sums of the distances of each point in its periphery from two fixed points, the foci, are equal. It is a conic section formed by the intersection of a right circular cone by a plane that cuts the axis and the surface of the cone”, and being bounded by the equation “(x 2 / a2 ) + (y 2 / b2 ) = 1. If a = b the ellipse is a circle.”. As such, all circles would be correctly identified as ellipses, as a circle would satisfy both the written and mathematical definitions of an ellipse presented above. Examiner does cede that AT349 does not present a spatial relationship between the distance separating the front and rear longitudinal ends of the guide surface and the center distances between the through holes of the link.
However, the return member of Meisel defined as cutting drum 125 does satisfy the requirement of being an ellipse as defined above, as well as being shown in Fig. 6 to satisfy the spatial relationship between the distance separating the front and rear longitudinal ends of the guide surface and the center distances between the through holes of the link in a way that would satisfy the claim. Examiner further does not find the argument persuasive that there would be no motivation to combine the teachings of AT349 and Meisel, as the two arts are analogous as described above, and utilizing a concave guide surface to match a return member is clearly demonstrated in the disclosure of Meisel to improve force transfer between the link and the return member, and improve the life of the chain, which are both advantageous outcomes of such a modification (Meisel: Col. 6, line 43-54, the snug contact between the interior of link 101 and the support surface 120b maximizes friction between components, allowing for additional driving force to be delivered; Col. 6, line 62 – Col. 7, line 4, The alignment that is provided by the curvature of the links against the support surface 120b leads to the chain not experiencing adverse wear effects from the internal surface of the chain, improving chain life).
Claim Rejections - 35 USC § 112
Claim 21 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 21 recites the limitation "the guide surface". There is insufficient antecedent basis for this limitation in the claim. It is further unclear whether this guide surface is the same guide surface as “a concave guide surface” defined later in the claim. For the purposes of examination, “the guide surface” will be considered to be the same as the “a concave guide surface” defined later in the claim.
Claim Rejections - 35 USC § 103
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6, 9-10, 12-13, 16-17, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Sterwerf in view of AT349, further in view of Meisel.
Regarding Claim 1: Sterwerf teaches of an excavating chain, the excavating chain comprising a succession of links (Sterwerf: Fig. 1, chain 30 comprises a succession of link elements 31),
the excavating chain configured to be guided on a travel path by return members (Sterwerf: Col. 4, line 37-47, chain 30 is driven by a sprocket or pair of sprockets),
the excavating chain having an excavating portion (Sterwerf: Fig. 6, link elements 31 comprise lugs 41 to house attack portion bits to engage a surface),
each link of the succession of links comprising:
a body extending longitudinally between a front end and a rear end and being crossed by at least one front through-hole and a rear through-hole configured to receive hinge means with an adjacent link of the chain (Sterwerf: Fig. 6, link elements 31 extend longitudinally between a front and rear ends 31e, crossed by holes 31a; Fig. 1, holes 31a receive connection pins 32, which connect adjacent links with a pivot point to allow the chain 30 to pass over a sprocket),
the front through-hole and the rear through-hole extending along axes parallel to each other and contained in a reference plane of the body (Sterwerf: Fig. 1, pins 32 are shown to be parallel as they pass through the central axes of holes 31a, which said axes are parallel to each other and are contained in a reference plane of the body),
the link being characterized in that the body has, on an inner side of the body with respect to the reference plane, opposite to an outer side (Sterwerf: Fig. 6, link elements 31 comprise an inner side and outer side, the outer side defined by surfaces 43, 44, 45, and 46),
wherein one of the front end and the rear end of the body comprises two lateral plates, and the opposite end of the body comprises a central plate configured to be received between the lateral plates of an adjacent link, wherein articulation of successive links is through the front through-hole and the rear through-hole (Sterwerf: Fig. 2-3, link elements 31 are Y shaped, comprising a stem 31b and legs 31c, wherein stem 31b of one link is configured to be received between legs 31c of the adjacent link and attached via pins 32 through the respective through holes 31a)
a concave guide surface extending over an envelope having an axis generator parallel to the axes of the link (Sterwerf: Fig. 2, link members 31 comprise a concave surface on the inside of the link member, having an axis generator parallel to the axes of the through holes 31a),
And a first convex surface extending between the concave guide surface and the front end, and a second convex surface extending between the concave guide surface and the rear end (Sterwerf: Fig. 2, link members 31 comprise a front and rear convex surface extending between the concave surface and the respective front and rear ends 31e).
Sterwerf does not explicitly give details about the return member and its relationship to the chain links.
Meisel teaches of an excavating chain, the excavating chain comprising a succession of links (Meisel: Col. 1, line 52-54, the trim chain 100 is comprised of a plurality of interconnected links 101 and 102),
the excavating chain configured to be guided on a travel path at least by bevel return members (Meisel: Fig. 6, chain 100 travels around cutting drum 125),
each link of the succession of links comprising:
a body extending longitudinally between a front end and a rear end and being crossed by at least one front through-hole and a rear through-hole configured to receive hinge means with an adjacent link of the chain (Meisel: Fig. 3, link 101 comprises a longitudinally extending body between a front and rear end, which is crossed by a front through hole and rear through hole 101a to receive pivot pin 103 to connect adjacent links),
the front through-hole and the rear through-hole extending along axes parallel to each other and contained in a reference plane of the body (Meisel: Fig. 3-5, the through holes 101a extend along axes parallel to one another contained within a reference plane of the link 101),
the link being characterized in that the body has, on an inner side of the body with respect to the reference plane, opposite to an outer side (Meisel: Fig. 3, link 101 comprises an outer side where mounting hub 105 is disposed, and an inner side opposite hub 105),
a concave guide surface extending over an envelope having an axis generator parallel to the axes of the link, the guide surface matching, at least locally, a curvature of at least one of the return members of the device (Meisel: Fig. 3/6, the inner side of link 101 comprises a concave axis generator parallel to the axes of through holes 101a, which matches the curvature of support surface 120b; Col. 6, line 43-54, link 101 hugs support surface 120b snugly to maximize friction between the two components),
And a first convex surface extending between the concave guide surface and the front end, and a second convex surface extending between the concave guide surface and the rear end (Meisel: Fig. 3, the portions of the inner side of link 100 disposed on either side of the concave guide surface are convex, and extend between the concave surface and the front and rear ends of link 101).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the generically referred to “sprocket” return member of Sterwerf with the specific return member taught by Meisel which matches the curvature of the concave section of the link members to improve the lifespan of the chain (Meisel: Col. 6, line 62 – Col. 7, line 4, The alignment that is provided by the curvature of the links against the support surface 120b leads to the chain not experiencing adverse wear effects from the internal surface of the chain, improving chain life). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of providing a return member that matches, at least locally, the curvature of the concave section of the link member (MPEP 2143, Subsection I, B).
Sterwerf in view of Meisel do not explicitly teach of the purpose of the cutting chain disclosed being utilized beneath a railway track.
AT349 teaches of a device for excavating or clearing ballast comprising an excavating chain (AT349: Page 2, line 1-5, the invention relates to a clearing and conveyer chain for cleaning track beds), the excavating chain comprising a succession of links (AT349: Fig. 1, links 7 form conveying chain 6), the excavating chain configured to be guided on a travel path at least by bevel return members (AT349: Fig. 1, chain 6 is guided over deflecting rollers 11), the excavating chain having an excavating portion for the device below a railroad track (AT349: Fig. 1, Chain guide cross chain 10 goes through below the track 5 in the working position), each link of the succession of links comprising:
A body extending longitudinally between a front end and a rear end (AT349: Fig. 3, front and rear ends of the link are designated by the curved portions around through holes 17) and being crossed by at least one front through hole and rear through hole (AT349: Fig. 3, through holes 17) configured to receive hinge means with an adjacent link of the chain (AT349: Fig. 3, through holes 17 are designed to engage intermediate links 18 to connect adjacent links of said chain; Page 4, line 51-53),
wherein the front through-hole and the rear through-hole extending along axes parallel to each other and contained in a reference plane of the body (AT349: Fig. 3, holes 17 contain axes 19, which are parallel to each other and within a reference plane 20 of the link).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to utilize the known mining cutting chain apparatus taught by Sterwerf in view of Meisel for clearing ballast beneath a railway track, as is taught by the cutting chain for clearing ballast beneath a railway track as part of the disclosure of AT349 (Sterwerf: Col. 1, line 7-20, the chain construction may be varied in width, length, and may be used in a variety of applications, and is particularly useful as a trim chain for a drum type mining machine; Col. 1, line 24-26, such drum type mining machines comprise a vehicle having a centrally located conveyor means to remove material being mined). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing a cutting chain designed to utilized to break and cut stone clear ballast beneath a railway track.
Regarding Claim 2: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described in claim 1.
Sterwerf further teaches wherein the guide surface extends along a guiding curve having at least partially the shape of an elliptical arc (Sterwerf: Fig. 2, the concave guide surface of link members 31 are at least partially the shape of an elliptical arc).
Meisel also teaches wherein the guide surface extends along a guiding curve having at least partially the shape of an elliptical arc (Meisel: Fig. 3, the concave guide surface of link 101 is at least partially the shape of an elliptical arc).
Regarding Claim 3: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described in claim 1.
While Sterwerf in view of Meisel, further in view of AT349 does not specify the length of the concave guide surface relative to the position of the through holes, the arc length, and therefore the longitudinal length of the concave guide surface relative to the through holes of the link, would be determined by the radius of the return member, and would be a result-effective variable. In light of such a determination, the arc length of the concave surface of the link, and the longitudinal extent relative to the through holes of the link taught by Sterwerf in view of Meisel, further in view of AT349 would be a characterized by routine experimentation to achieve an optimal result, and therefore a results-effective variable and obvious to try, such that the longitudinal extent of the concave guide surface would extend past the through holes of the link to match the radius of the return member (MPEP 2144.05, Subsection II, B).
Regarding Claim 4: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described in claim 1.
Sterwerf further teaches wherein the front and rear ends of the body each have a curved convex portion free of edges (Sterwerf: Fig. 2, ends 31e are shown to be free of edges).
Meisel also teaches wherein the front and rear ends of the body each have a curved convex portion free of edges (Fig. 3, the front and rear ends of link are curved, convex, and free of edges).
AT349 also teaches wherein the front and rear ends of the body each have a curved convex portion free of edges (AT349: Fig. 3 shows curved, convex front and rear ends with no edges).
Regarding Claim 5: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described in claim 1.
Sterwerf further teaches wherein the link comprises a projection part extending from an outer side of the body with respect to the reference plane (Sterwerf: Fig. 6, link members 31 comprise a projection in the form of lug 41 welded or integral to the outside of link member 31 relative to the reference plane)
Meisel also teaches wherein the link comprises a projection part extending from an outer side of the body with respect to the reference plane (Fig. 3, link 101 comprises mounting hub 105 on the outer side of the link).
AT349 also teaches wherein the link comprises a projection part extending from an outer side of the body with respect to the reference plane (AT349: Fig. 3, each chain 7 has an airfoil body 22 protruding from base 16 perpendicular to plane 20).
Regarding Claim 6: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described in claim 5.
Sterwerf further teaches wherein the projecting part comprises a scoop for transporting ballast (Sterwerf: Col. 5, line 62-Col. 6, line 3, the specific bit of lug 41 can be exchanged for other bits, as is understood in the art; Col. 1, line 24-26, such drum type mining machines comprise a vehicle having a centrally located conveyor means to remove material being mined)
AT349 also teaches wherein that the projecting part comprises a scoop for transporting ballast (AT349: Page 2, Line 45-54, Airfoils 22 and chisels 27 carry the ballast out of the track bed 13).
Regarding Claim 9: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described in claim 6.
Sterwerf further teaches wherein the link has fingers born by the scoop and projecting outward from the outer side of the reference plane in the extension of the scoop (Sterwerf: Fig. 6, the bit held within lug 41 projects outward from the outer side of link member 31), and fingers oriented along an axis inclined with respect to the reference plane (Sterwerf: Fig. 6, the bit is oriented along an axis inclined with respect to the reference plane).
Meisel also teaches wherein the link is characterized in that the link has fingers born by a scoop (Meisel: Fig. 6, Cutting tool 25 is contained within mounting hub 105) and projecting outward from the outer side of the reference plane in the extension of the scoop (Meisel: Fig. 6, cutting tool 25 projects outwardly from the plane defined by the link 101) and the fingers oriented along an axis inclined with respect to the reference plane (Meisel: Fig. 6, cutting tool 25 is oriented at an incline with respect to the reference plane defined by link 101).
AT349 also teaches wherein the link is characterized in that the link has fingers born by a scoop (AT349: Fig. 3, chisels 27 are mounted upon airfoils 22) and projecting outward from the outer side of the reference plane in the extension of the scoop (AT349: Fig. 3, chisels 27 and airfoils 22 project outward from the side of the links that engage with rollers 11) and the fingers oriented along an axis inclined with respect to the reference plane (AT349: fig. 3, chisels 27 are inclined with respect to reference plane 20).
Regarding Claim 10: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described in claim 9.
Sterwerf further teaches wherein the fingers are located above the plane perpendicular to the parallel axes of the front and rear through holes and tangent to a lower end of said scoop (Sterwerf: Fig. 6, lug 41 sits above the reference plane perpendicular to the centers of the through holes 31a).
Meisel also teaches wherein that the fingers are located above the plane perpendicular to the parallel axes of the front and rear through holes and tangent to a lower end of said scoop (Meisel: Fig. 6, cutting tools 25 are located above the plane defined by the link 101’s front and rear through holes 101a and tangent to the lower end of mounting hub 105).
AT349 also teaches wherein that the fingers are located above the plane perpendicular to the parallel axes of the front and rear through holes and tangent to a lower end of said scoop (AT349: Fig. 3, Chisels 27 are located above plane 20 and tangent to airfoil 22 and blade 23).
Regarding Claim 12: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described in claim 1.
Sterwerf further teaches wherein the body is in one piece produced by foundry, with or without machining of the front and rear holes or the guide surface (Sterwerf: Col. 5, line 67-Col. 6, line 3, lug 41 and link element 31 may be formed as one piece via forging).
AT349 also teaches wherein the body is in one piece produced by foundry, with or without machining of the front and rear holes or the guide surfaces (AT349: Page 4, Lin 17-24, the plate and the blade are formed in one piece via casting).
Regarding Claim 13: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described in claim 1.
Sterwerf in view of Meisel, further in view of AT349 teaches of the excavating chain of claim 1 (see claim 1)
Regarding Claim 16: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described in claim 2.
In light of the modifications described above in claim 2, Meisel further teaches wherein the guide surface extends along a guiding curve having at least partially the shape of a circular arc (Fig. 3, the concave surface of link 101 follows at least partially a circular arc).
Regarding Claim 17: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described in claim 4.
While Sterwerf in view of Meisel, further in view of AT349 does not specify the length of the concave guide surface relative to the distance separating the through holes, the arc length, and therefore the longitudinal length of the concave guide surface relative to the through holes of the link, would be determined by the radius of the return member, and would be a result-effective variable. In light of such a determination, the arc length of the concave surface of the link, and the longitudinal extent relative to the through holes of the link taught by Sterwerf in view of Meisel, further in view of AT349 would be a characterized by routine experimentation to achieve an optimal result, and therefore a results-effective variable and obvious to try, such that the longitudinal extent of the concave guide surface would extend past the through holes of the link to match the radius of the return member (MPEP 2144.05, Subsection II, B).
Regarding Claim 21: Sterwerf teaches of an excavating chain, the excavating chain comprising a succession of links (Sterwerf: Fig. 1, chain 30 comprises a succession of link elements 31),
the excavating chain configured to be guided on a travel path by return members (Sterwerf: Col. 4, line 37-47, chain 30 is driven by a sprocket or pair of sprockets),
the excavating chain having an excavating portion (Sterwerf: Fig. 6, link elements 31 comprise lugs 41 to house attack portion bits to engage a surface),
each link of the succession of links comprising:
a body extending longitudinally between a front end and a rear end and being crossed by at least one front through-hole and a rear through-hole configured to receive hinge means with an adjacent link of the chain (Sterwerf: Fig. 6, link elements 31 extend longitudinally between a front and rear ends 31e, crossed by holes 31a; Fig. 1, holes 31a receive connection pins 32, which connect adjacent links with a pivot point to allow the chain 30 to pass over a sprocket),
the front through-hole and the rear through-hole extending along axes parallel to each other and contained in a reference plane of the body (Sterwerf: Fig. 1, pins 32 are shown to be parallel as they pass through the central axes of holes 31a, which said axe are parallel to each other and are contained in a reference plane of the body),
the link being characterized in that the body has, on an inner side of the body with respect to the reference plane, opposite to an outer side (Sterwerf: Fig. 6, link elements 31 comprise an inner side and outer side, the outer side defined by surfaces 43, 44, 45, and 46),
wherein the guide surface extends along a guiding curve having at least partially the shape of an elliptical arc (Sterwerf: Fig. 2, the concave guide surface of link members 31 are at least partially the shape of an elliptical arc),
a concave guide surface extending over an envelope having an axis generator parallel to the axes of the link (Sterwerf: Fig. 2, link members 31 comprise a concave surface on the inside of the link member, having an axis generator parallel to the axes of the through holes 31a),
And a first convex surface extending between the concave guide surface and the front end, and a second convex surface extending between the concave guide surface and the rear end (Sterwerf: Fig. 2, link members 31 comprise a front and rear convex surface extending between the concave surface and the respective front and rear ends 31e).
Sterwerf does not explicitly give details about the return member and its relationship to the chain links.
Meisel teaches of an excavating chain, the excavating chain comprising a succession of links (Meisel: Col. 1, line 52-54, the trim chain 100 is comprised of a plurality of interconnected links 101 and 102),
the excavating chain configured to be guided on a travel path at least by bevel return members (Meisel: Fig. 6, chain 100 travels around cutting drum 125),
each link of the succession of links comprising:
a body extending longitudinally between a front end and a rear end and being crossed by at least one front through-hole and a rear through-hole configured to receive hinge means with an adjacent link of the chain (Meisel: Fig. 3, link 101 comprises a longitudinally extending body between a front and rear end, which is crossed by a front through hole and rear through hole 101a to receive pivot pin 103 to connect adjacent links),
the front through-hole and the rear through-hole extending along axes parallel to each other and contained in a reference plane of the body (Meisel: Fig. 3-5, the through holes 101a extend along axes parallel to one another contained within a reference plane of the link 101),
the link being characterized in that the body has, on an inner side of the body with respect to the reference plane, opposite to an outer side (Meisel: Fig. 3, link 101 comprises an outer side where mounting hub 105 is disposed, and an inner side opposite hub 105),
wherein the guide surface extends along a guiding curve having at least partially the shape of an elliptical arc (Meisel: Fig. 3, the concave guide surface of link 101 is at least partially the shape of an elliptical arc),
a concave guide surface extending over an envelope having an axis generator parallel to the axes of the link, the guide surface matching, at least locally, a curvature of at least one of the return members of the device (Meisel: Fig. 3/6, the inner side of link 101 comprises a concave axis generator parallel to the axes of through holes 101a, which matches the curvature of support surface 120b; Col. 6, line 43-54, link 101 hugs support surface 120b snugly to maximize friction between the two components),
And a first convex surface extending between the concave guide surface and the front end, and a second convex surface extending between the concave guide surface and the rear end (Meisel: Fig. 3, the portions of the inner side of link 100 disposed on either side of the concave guide surface are convex, and extend between the concave surface and the front and rear ends of link 101).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the generically referred to “sprocket” return member of Sterwerf with the specific return member taught by Meisel which matches the curvature of the concave section of the link members to improve the lifespan of the chain (Meisel: Col. 6, line 62 – Col. 7, line 4, The alignment that is provided by the curvature of the links against the support surface 120b leads to the chain not experiencing adverse wear effects from the internal surface of the chain, improving chain life). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of providing a return member that matches, at least locally, the curvature of the concave section of the link member (MPEP 2143, Subsection I, B).
Sterwerf in view of Meisel do not explicitly teach of the purpose of the cutting chain disclosed being utilized beneath a railway track.
AT349 teaches of a device for excavating or clearing ballast comprising an excavating chain (AT349: Page 2, line 1-5, the invention relates to a clearing and conveyer chain for cleaning track beds), the excavating chain comprising a succession of links (AT349: Fig. 1, links 7 form conveying chain 6), the excavating chain configured to be guided on a travel path at least by bevel return members (AT349: Fig. 1, chain 6 is guided over deflecting rollers 11), the excavating chain having an excavating portion for the device below a railroad track (AT349: Fig. 1, Chain guide cross chain 10 goes through below the track 5 in the working position), each link of the succession of links comprising:
A body extending longitudinally between a front end and a rear end (AT349: Fig. 3, front and rear ends of the link are designated by the curved portions around through holes 17) and being crossed by at least one front through hole and rear through hole (AT349: Fig. 3, through holes 17) configured to receive hinge means with an adjacent link of the chain (AT349: Fig. 3, through holes 17 are designed to engage intermediate links 18 to connect adjacent links of said chain; Page 4, line 51-53),
wherein the front through-hole and the rear through-hole extending along axes parallel to each other and contained in a reference plane of the body (AT349: Fig. 3, holes 17 contain axes 19, which are parallel to each other and within a reference plane 20 of the link).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to utilize the known mining cutting chain apparatus taught by Sterwerf in view of Meisel for clearing ballast beneath a railway track, as is taught by the cutting chain for clearing ballast beneath a railway track as part of the disclosure of AT349 (Sterwerf: Col. 1, line 7-20, the chain construction may be varied in width, length, and may be used in a variety of applications, and is particularly useful as a trim chain for a drum type mining machine; Col. 1, line 24-26, such drum type mining machines comprise a vehicle having a centrally located conveyor means to remove material being mined). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing a cutting chain designed to utilized to break and cut stone clear ballast beneath a railway track.
While Sterwerf in view of Meisel, further in view of AT349 does not specify the length of the concave guide surface relative to the position of the through holes, the arc length, and therefore the longitudinal length of the concave guide surface relative to the through holes of the link, would be determined by the radius of the return member, and would be a result-effective variable. In light of such a determination, the arc length of the concave surface of the link, and the longitudinal extent relative to the through holes of the link taught by Sterwerf in view of Meisel, further in view of AT349 would be a characterized by routine experimentation to achieve an optimal result, and therefore a results-effective variable and obvious to try, such that the longitudinal extent of the concave guide surface would extend past the through holes of the link to match the radius of the return member (MPEP 2144.05, Subsection II, B).
Claims 7, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sterwerf in view of Meisel, further in view of AT349, further in view of Camilleri as part of US 5212895 A, hereinafter referred to as Camilleri.
Regarding Claim 7: Sterwerf in view of Meisel, further in view of AT349teaches the apparatus described above in claim 1.
Sterwerf in view of Meisel, further in view of AT349does not teach of a rearwardly extending stop and a counter stop on the rearward link.
Camilleri teaches of an endless chain apparatus for cutting teeth, comprising a stop surface configured to receive a counter-stop of an adjacent rear link of the chain (Camilleri: Fig. 8, cutting assemblies 76 comprise control arms 83 and blocks 85, wherein control arms 83 abut blocks 85 of the front adjacent link) so as to limit a relative rotation between the link of chain and the rear adjacent link around the axis of the rear through-hole (Camilleri: Fig. 8, the block 85 prevents further forward motion of the control arm 83 about cutter pivot 77).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to combine the stoppage mechanism taught by Camilleri with the apparatus described by Sterwerf in view of Meisel, further in view of AT349to create a device that reduces the torque placed on the cutting apparatus, and therefore the linkage (Camilleri: Col. 2, line 6-9).
Regarding Claim 11: Sterwerf in view of Meisel, further in view of AT349teaches the apparatus described above in claim 1.
Sterwerf in view of Meisel, further in view of AT349teaches that the links comprise a projecting part (AT349: Fig. 3, each chain 7 has an airfoil body 22 protruding from base 16 perpendicular to plane 20).
Camilleri teaches wherein a projecting part comprises a counter stop configured to come into abutment against a stop surface of a scoop of a front adjacent link (Camilleri: Fig. 8, cutting assemblies 76 comprise control arms 83 and blocks 85, wherein control arms 83 abut blocks 85 of the front adjacent link) to limit relative rotation between the link of chain and the front adjacent link around the axis of the front through hole (Camilleri: Fig. 8, the block 85 prevents further forward motion of the control arm 83 about cutter pivot 77).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to combine the projection taught by Sterwerf in view of Meisel, further in view of AT349with the stop mechanism taught by Camilleri to create a linkage more resistant to torque being placed upon the apparatus (Camilleri: Col. 2, line 6-9). In light of that modification, it would also be obvious to include the counter-stop mechanism taught by Camilleri in the apparatus taught by Sterwerf in view of Meisel, further in view of AT349on the protrusion of the rearward link to provide a place for the stop mechanism to engage with to reduce the torque placed upon the apparatus.
Regarding Claim 14: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described above in claim 13.
Sterwerf in view of Meisel, further in view of AT349 further teaches wherein the links of chain comprise at least one of:
a link comprising a scoop (AT349: Fig. 1-4, links 7 comprise a projecting portion comprising blade 23; Meisel: Fig. 6, link 101 comprises mounting hub 105)
a link of the type without a projecting part (AT349: Fig. 3, intermediate link 18 has no projecting part; Meisel: Fig. 6, links 102 are shown to not possess a projecting part).
Sterwerf in view of Meisel, further in view of AT349 does not tech of a link comprising a counter stop.
Camilleri teaches of an endless chain apparatus for cutting teeth, wherein a forward link comprises a projecting part (Camilleri: Fig. 8, cutting teeth 80) with rearwardly extending stop (Camilleri: Fig. 8, control arm 83) and a counter stop on the rearward link (Camilleri: Fig. 8, block 85).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to combine the projection taught by Sterwerf in view of Meisel, further in view of AT349 with the stop mechanism taught by Camilleri to create a linkage more resistant to torque being placed upon the apparatus (Camilleri: Col. 2, line 6-9). In light of that modification, it would also be obvious to include the counter-stop mechanism taught by Camilleri in the apparatus taught by Sterwerf in view of Meisel, further in view of AT349on the protrusion of the rearward link to provide a place for the stop mechanism to engage with to reduce the torque placed upon the apparatus.
Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sterwerf in view of Meisel, further in view of AT349, further in view of Morrow as part of US 2325792 A, hereinafter referred to as Morrow.
Regarding Claim 8: Sterwerf in view of Meisel, further in view of AT349 teaches of the apparatus described above in claim 1.
Sterwerf in view of Meisel, further in view of AT349 does not teach of a at least one of the through holes configured to receive hinge means with an adjacent link of the chain has a flat surface so as to bock an axis of the hinge means in rotation.
Morrow teaches of a mining chain comprising a series of connected links (Fig. 1-3, the chain described is formed of identical links 20), comprising:
a body extending longitudinally between a front end and a rear end and being crossed by at least one front through-hole and a rear through-hole configured to receive hinge means with an adjacent link of the chain (Morrow: Fig. 3, each link 20 comprises an eye opening 23 and a yoke opening 24, which receive pins 52; Fig. 14, the chain is shown to pivot at the pins 52 around a sprocket teeth 59),
wherein one of the front end and the rear end of the body comprises two lateral plates, and the opposite end of the body comprises a central plate configured to be received between the lateral plates of an adjacent link, (Morrow: Fig. 2, link 20 comprises yoke connection portion 22, which receives eye connection 35 therebetween during connection),
wherein at least one of the through holes configured to receive hinge means with an adjacent link of the chain has a flat surface so as to bock an axis of the hinge means in rotation (Fig. 8, yoke opening 25 provides a flat face 54 so as to keep pin 52 from turning within the yoke connection portion 22).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the round through holes with the flat faced eye to prevent unwanted movement of the pin connection within the through hole (Morrow: Fig. 8, yoke opening 25 provides a flat face 54 so as to keep pin 52 from turning within the yoke connection portion 22). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of preventing rotation of the pin within the through hole of the chain links (MPEP 2143, Subsection I, B). Regarding Claim 19: Sterwerf teaches of an excavating chain, the excavating chain comprising a succession of links (Sterwerf: Fig. 1, chain 30 comprises a succession of link elements 31),
the excavating chain configured to be guided on a travel path by return members (Sterwerf: Col. 4, line 37-47, chain 30 is driven by a sprocket or pair of sprockets),
the excavating chain having an excavating portion (Sterwerf: Fig. 6, link elements 31 comprise lugs 41 to house attack portion bits to engage a surface),
each link of the succession of links comprising:
a body extending longitudinally between a front end and a rear end and being crossed by at least one front through-hole and a rear through-hole configured to receive hinge means with an adjacent link of the chain (Sterwerf: Fig. 6, link elements 31 extend longitudinally between a front and rear ends 31e, crossed by holes 31a; Fig. 1, holes 31a receive connection pins 32, which connect adjacent links with a pivot point to allow the chain 30 to pass over a sprocket),
the front through-hole and the rear through-hole extending along axes parallel to each other and contained in a reference plane of the body (Sterwerf: Fig. 1, pins 32 are shown to be parallel as they pass through the central axes of holes 31a, which said axe are parallel to each other and are contained in a reference plane of the body),
the link being characterized in that the body has, on an inner side of the body with respect to the reference plane, opposite to an outer side (Sterwerf: Fig. 6, link elements 31 comprise an inner side and outer side, the outer side defined by surfaces 43, 44, 45, and 46),
a concave guide surface extending over an envelope having an axis generator parallel to the axes of the link (Sterwerf: Fig. 2, link members 31 comprise a concave surface on the inside of the link member, having an axis generator parallel to the axes of the through holes 31a),
And a first convex surface extending between the concave guide surface and the front end, and a second convex surface extending between the concave guide surface and the rear end (Sterwerf: Fig. 2, link members 31 comprise a front and rear convex surface extending between the concave surface and the respective front and rear ends 31e).
Sterwerf does not explicitly give details about the return member and its relationship to the chain links.
Meisel teaches of an excavating chain, the excavating chain comprising a succession of links (Meisel: Col. 1, line 52-54, the trim chain 100 is comprised of a plurality of interconnected links 101 and 102),
the excavating chain configured to be guided on a travel path at least by bevel return members (Meisel: Fig. 6, chain 100 travels around cutting drum 125),
each link of the succession of links comprising:
a body extending longitudinally between a front end and a rear end and being crossed by at least one front through-hole and a rear through-hole configured to receive hinge means with an adjacent link of the chain (Meisel: Fig. 3, link 101 comprises a longitudinally extending body between a front and rear end, which is crossed by a front through hole and rear through hole 101a to receive pivot pin 103 to connect adjacent links),
the front through-hole and the rear through-hole extending along axes parallel to each other and contained in a reference plane of the body (Meisel: Fig. 3-5, the through holes 101a extend along axes parallel to one another contained within a reference plane of the link 101),
the link being characterized in that the body has, on an inner side of the body with respect to the reference plane, opposite to an outer side (Meisel: Fig. 3, link 101 comprises an outer side where mounting hub 105 is disposed, and an inner side opposite hub 105),
a concave guide surface extending over an envelope having an axis generator parallel to the axes of the link, the guide surface matching, at least locally, a curvature of at least one of the return members of the device (Meisel: Fig. 3/6, the inner side of link 101 comprises a concave axis generator parallel to the axes of through holes 101a, which matches the curvature of support surface 120b; Col. 6, line 43-54, link 101 hugs support surface 120b snugly to maximize friction between the two components),
And a first convex surface extending between the concave guide surface and the front end, and a second convex surface extending between the concave guide surface and the rear end (Meisel: Fig. 3, the portions of the inner side of link 100 disposed on either side of the concave guide surface are convex, and extend between the concave surface and the front and rear ends of link 101).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the generically referred to “sprocket” return member of Sterwerf with the specific return member taught by Meisel which matches the curvature of the concave section of the link members to improve the lifespan of the chain (Meisel: Col. 6, line 62 – Col. 7, line 4, The alignment that is provided by the curvature of the links against the support surface 120b leads to the chain not experiencing adverse wear effects from the internal surface of the chain, improving chain life). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of providing a return member that matches, at least locally, the curvature of the concave section of the link member (MPEP 2143, Subsection I, B).
Sterwerf in view of Meisel do not explicitly teach of the purpose of the cutting chain disclosed being utilized beneath a railway track.
AT349 teaches of a device for excavating or clearing ballast comprising an excavating chain (AT349: Page 2, line 1-5, the invention relates to a clearing and conveyer chain for cleaning track beds), the excavating chain comprising a succession of links (AT349: Fig. 1, links 7 form conveying chain 6), the excavating chain configured to be guided on a travel path at least by bevel return members (AT349: Fig. 1, chain 6 is guided over deflecting rollers 11), the excavating chain having an excavating portion for the device below a railroad track (AT349: Fig. 1, Chain guide cross chain 10 goes through below the track 5 in the working position), each link of the succession of links comprising:
A body extending longitudinally between a front end and a rear end (AT349: Fig. 3, front and rear ends of the link are designated by the curved portions around through holes 17) and being crossed by at least one front through hole and rear through hole (AT349: Fig. 3, through holes 17) configured to receive hinge means with an adjacent link of the chain (AT349: Fig. 3, through holes 17 are designed to engage intermediate links 18 to connect adjacent links of said chain; Page 4, line 51-53),
wherein the front through-hole and the rear through-hole extending along axes parallel to each other and contained in a reference plane of the body (AT349: Fig. 3, holes 17 contain axes 19, which are parallel to each other and within a reference plane 20 of the link).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to utilize the known mining cutting chain apparatus taught by Sterwerf in view of Meisel for clearing ballast beneath a railway track, as is taught by the cutting chain for clearing ballast beneath a railway track as part of the disclosure of AT349 (Sterwerf: Col. 1, line 7-20, the chain construction may be varied in width, length, and may be used in a variety of applications, and is particularly useful as a trim chain for a drum type mining machine; Col. 1, line 24-26, such drum type mining machines comprise a vehicle having a centrally located conveyor means to remove material being mined). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing a cutting chain designed to utilized to break and cut stone clear ballast beneath a railway track.
Sterwerf in view of Meisel, further in view of AT349 does not teach of a at least one of the through holes configured to receive hinge means with an adjacent link of the chain has a flat surface so as to bock an axis of the hinge means in rotation.
Morrow teaches of a mining chain comprising a series of connected links (Fig. 1-3, the chain described is formed of identical links 20), comprising:
a body extending longitudinally between a front end and a rear end and being crossed by at least one front through-hole and a rear through-hole configured to receive hinge means with an adjacent link of the chain (Morrow: Fig. 3, each link 20 comprises an eye opening 23 and a yoke opening 24, which receive pins 52; Fig. 14, the chain is shown to pivot at the pins 52 around a sprocket teeth 59),
wherein one of the front end and the rear end of the body comprises two lateral plates, and the opposite end of the body comprises a central plate configured to be received between the lateral plates of an adjacent link, (Morrow: Fig. 2, link 20 comprises yoke connection portion 22, which receives eye connection 35 therebetween during connection),
wherein at least one of the through holes configured to receive hinge means with an adjacent link of the chain has a flat surface so as to bock an axis of the hinge means in rotation (Fig. 8, yoke opening 25 provides a flat face 54 so as to keep pin 52 from turning within the yoke connection portion 22).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the round through holes with the flat faced eye to prevent unwanted movement of the pin connection within the through hole (Morrow: Fig. 8, yoke opening 25 provides a flat face 54 so as to keep pin 52 from turning within the yoke connection portion 22). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of preventing rotation of the pin within the through hole of the chain links (MPEP 2143, Subsection I, B).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Sterwerf in view of Meisel, further in view of AT349, further in view of Morrow, further in view of Camilleri.
Regarding Claim 20: Sterwerf in view of Meisel, further in view of AT349, further in view of Morrow teaches of the apparatus described in claim 19.
Sterwerf further teaches wherein the link comprises a projection part extending from an outer side of the body with respect to the reference plane (Sterwerf: Fig. 6, link members 31 comprise a projection in the form of lug 41 welded or integral to the outside of link member 31 relative to the reference plane)
Meisel also teaches wherein the link comprises a projection part extending from an outer side of the body with respect to the reference plane (Fig. 3, link 101 comprises mounting hub 105 on the outer side of the link).
AT349 also teaches wherein the link comprises a projection part extending from an outer side of the body with respect to the reference plane (AT349: Fig. 3, each chain 7 has an airfoil body 22 protruding from base 16 perpendicular to plane 20).
Sterwerf in view of Meisel, further in view of AT349 does not teach of a rearwardly extending stop and a counter stop on the rearward link.
Camilleri teaches of a link comprising a projecting part extending from an outer side of a link body with respect to a reference plane (Fig. 8, cutting assemblies 76 project from cutting links 75, relative to a plane defined by holes defined by cutter pivots 77 that attach cutting links 75 to control links 84), and wherein a projecting part comprises a counter stop configured to come into abutment against a stop surface of a scoop of a front adjacent link (Camilleri: Fig. 8, cutting assemblies 76 comprise control arms 83 and blocks 85, wherein control arms 83 abut blocks 85 of the front adjacent link) to limit relative rotation between the link of chain and the front adjacent link around the axis of the front through hole (Camilleri: Fig. 8, the block 85 prevents further forward motion of the control arm 83 about cutter pivot 77),
wherein the counter-stop comprises a bearing surface oriented to engage the stop surface when the link and the front adjacent link are in a predetermined angular relationship relative to each other (Camilleri: Fig. 8, when the cutting assembly is in the fully extended position, control arm 85 comes into contact with the block 85 at a predetermined angle).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to combine the projection taught by Sterwerf in view of Meisel, further in view of AT349with the stop mechanism taught by Camilleri to create a linkage more resistant to torque being placed upon the apparatus (Camilleri: Col. 2, line 6-9). In light of that modification, it would also be obvious to include the counter-stop mechanism taught by Camilleri in the apparatus taught by Sterwerf in view of Meisel, further in view of AT349on the protrusion of the rearward link to provide a place for the stop mechanism to engage with to reduce the torque placed upon the apparatus.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN ANTHONY BREGEL whose telephone number is (571)272-0922. The examiner can normally be reached 8:30-5:30 Eastern, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher J Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EVAN A BREGEL/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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