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 .
Claim Objections
Claim 1 is objected to because it recites "wherein the plurality of wedge recesses define …" in line 5 (rather than "defines" to agree with "the plurality"). Appropriate correction is required.
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 1, 2, 4-6, 8-13, and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wier et al. (US 3,047,076)
Regarding claim 1, Wier discloses a wear block assembly for a three-point hitch, comprising:
a wedge block (including 34) including a top surface and a bottom surface, wherein the top surface includes a plurality of wedge recesses (including 36F and 36R), each extending laterally along the top surface and being spaced from one another along a longitudinal direction between a first end of the wedge block and a second end of the wedge block, wherein the plurality of wedge recesses defines an alternating series of peaks and valleys formed along the top surface (see Figs. 2, 3, 5, and 8); and
a wear block including a contact surface (on or of 38) and a tooth (including or of 41) that protrudes (via 37) from the contact surface, wherein the tooth is configured to be received within one of the plurality of wedge recesses and engage a securing face of the one of the plurality of wedge recesses to interlock the wedge block and the wear block (see Figs. 2, 3, and 5-8).
Regarding claim 2, Wier discloses the wear block including a wear surface (on or of 40).
Regarding claim 4, Wier discloses a height of the plurality of wedge recesses (including 36F and 36R) gradually increasing along the longitudinal direction between the first end and the second end, the height being defined between a bottom plane extending along the bottom surface and a top plane extending along the top surface (see annotated Fig. A, below).
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Figure A. Wier et al. (US 3,047,076) rotated and annotated Fig. 3.
Regarding claim 5, Wier discloses the wear block being coupled to the wedge block by a fastener (37a or 37b, which at least in part couples 34 to 40), and wherein the fastener extends along an axis (see Figs. 6 and 7).
Regarding claim 6, Wier discloses the tooth (including or of 41) including a locking face that extends along a plane (vertically in Figs. 6 and 7), and wherein the plane of the locking face is arranged at an angle relative to the axis (see Figs. 6 and 7).
Regarding claim 8, Wier discloses the top surface of the wedge block (including 34) being arranged at an acute angle relative to the bottom surface of the wedge block (see annotated Fig. A, above).
Regarding claim 9, Wier discloses a wear block assembly for a three-point hitch, comprising:
a wedge block (including 34) including a first end, a second end, a bottom surface, and a top surface, wherein the top surface includes a plurality of wedge recesses (including 36F and 36R), each extending laterally along the top surface and being spaced from one another along a longitudinal direction between the first end and the second end, wherein a height of the plurality of wedge recesses gradually increases along the longitudinal direction between the first end and the second end, the height being defined between a bottom plane extending along the bottom surface and a top plane extending along the top surface (see annotated Fig. A, above); and
a wear block including a wear surface (on or of 40), a contact surface (on or of 38), and a tooth (including or of 41) that protrudes (via 37) from the contact surface, wherein the tooth is configured to be received within one of the plurality of wedge recesses (see Figs. 2, 3, and 5-8).
Regarding claim 10, Wier discloses the top surface of the wedge block (including 34) being arranged at an angle relative to the bottom surface of the wedge block (see annotated Fig. A, above).
Regarding claim 11, Wier discloses each of wedge recesses (including 36F and 36R) including a securing face, and wherein the tooth (including or of 41) is configured to engage one of the securing faces to interlock the wedge block and the wear block (see Figs. 2, 3, and 5-8).
Regarding claim 12, Wier discloses the wear block being coupled to the wedge block by a fastener (37a or 37b, which at least in part couples 34 to 40), and wherein the fastener extends along an axis (see Figs. 6 and 7).
Regarding claim 13, Wier discloses the tooth including a locking face that extends along a plane (vertically in Figs. 6 and 7), and wherein the plane of the locking face is arranged at an angle relative to the axis (see Figs. 6 and 7).
Regarding claim 15, Wier discloses a three-point hitch for a vehicle, comprising:
a frame including a sway surface (including 29); and
a draft arm (including 16) including a wear block assembly, the wear block assembly including:
a wedge block (including 34) including a first end, a second end, a bottom surface, and a top surface, wherein the top surface includes a plurality of wedge recesses (including 36F and 36R), each extending laterally along the top surface and being spaced from one another along a longitudinal direction between the first end and the second end, wherein a height of the plurality of wedge recesses gradually increases along the longitudinal direction between the first end and the second end, the height being defined between a bottom plane extending along the bottom surface and a top plane extending along the top surface (see annotated Fig. A, above); and
a wear block including a wear surface (on or of 40) configured to engage the sway surface, a contact surface (on or of 38), and a tooth (including or of 41) that protrudes (via 37) from the contact surface, wherein the tooth is configured to be received within one of the plurality of wedge recesses (see Figs. 2, 3, and 5-8).
Regarding claim 16, Wier discloses the top surface of the wedge block (including 34) being arranged at an angle relative to the bottom surface of the wedge block (see annotated Fig. A, above).
Regarding claim 17, Wier discloses each of wedge recesses (including 36F and 36R) including a securing face, and wherein the tooth is configured to engage one of the securing faces to interlock the wedge block and the wear block (see Figs. 2, 3, and 5-8).
Regarding claim 18, Wier discloses the wear block being coupled to the wedge block by a fastener (37a or 37b, which at least in part couples 34 to 40), and wherein the fastener extends along an axis (see Figs. 6 and 7).
Regarding claim 19, Wier discloses the tooth (including or of 41) including a locking face that extends along a plane (vertically in Figs. 6 and 7), and wherein the plane of the locking face is arranged at an angle relative to the axis (see Figs. 6 and 7).
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 7, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wier in view of Barnes (US 5,823,268).
Regarding claim 7, 14, and 20, Wier discloses the assembly of claim 6, the assembly of claim 13, and the hitch of claim 19, as set forth above. Wier does not explicitly disclose the fastener configured to be tightened as claimed. However, Barnes teaches a wear block assembly having a block (including 56 and/or 44) coupled by a fastener (including 60 and portions of 58 extending horizontally in Fig. 2), wherein the fastener is configured to be tightened (via rotation of 60).
Barnes is analogous because Barnes discloses a wear block assembly for a three-point hitch including a fastener configured to be tightened. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute structure including 37a, 37b, and 41 in Wier with the structure including the fastening means as taught by Barnes in order to secure the assembly in place. (See Barnes, col. 5, lines 53-62.) Additionally, providing Wier with the fastening means as taught by Barnes is also a simple substitution of one known element (i.e., a U-bolt and nuts) for another (i.e., flanges and a pin) to obtain predictable results. See MPEP § 2143(B).
Further, in the above combination (i.e., substitution), when the fastener is tightened (via rotation of the nuts) to fasten the wear block to the wedge block (of Wier), the locking face (of the portion of the U-bolt replacing 41 in Wier) engages the one of the securing faces (of 36F or 36R in Wier) and the angle between the plane of the locking face and the axis (about which a nut rotates) is configured to generate a shifting force from the locking face to the one of the securing faces, and wherein the shifting force acts in a direction toward the second end of the wedge block (due to the shape of 36F or 36R) so that the locking face is brought into engagement with the one of the securing faces (as the portion of the U-bolt replacing 41 engages 36F or 36R).
Response to Arguments
Applicant’s arguments filed 4/18/2025 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. Additionally, Examiner acknowledges differences between the prior art and that described and shown in the instant specification, particularly regarding the increasing height of peaks/valleys shown in Fig. 17. However, a reading of the specification provides no evidence to indicate that these limitations must be importing into the claims to give meaning to terms within the claims. Constant v. Advanced Micro-Devices Inc., 7 USPQ2d 1064. Further, to require specific details not positively recited in the claims would require improperly imparting limitations from the specification into the claims, in direct contradiction of paras. 0071-0077 in the instant specification.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Joel F. Mitchell whose telephone number is (571)272-7689. The examiner can normally be reached 9:30-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher 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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/JFM/10/28/25
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671