DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Final action is in reply to the application 17957062 amendment filed on 09/27/2025.
Claims 1, 2,5, 12, 14, 15, and 18 are amended.
Claims 5 – 7, 15 – 17 and 20 are allowable
Claims 1 - 20 are currently pending and have been examined.
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.
(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.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by US Patent 2717704 – Pilch et al. hereinafter as PILCH
Regarding Claim 1:
PILCH discloses:
An attachment (30, 31) for an industrial or farm vehicle (column 1, lines 15-21), said attachment comprising
An upper jaw (30) formed of a plurality of first grappling bars (50)
A lower jaw (31) formed of a plurality of second grappling bars (48)
An articulated connection (linkage system shown at least as 42, 43, 44, 22, 37, 15) between said upper and lower jaw (Column 2, lines 19-47)
A crossmember (51) that extends between and is attached to at least first, second and third grappling bars included in either said plurality of first grappling bars or in said second grappling bars (Column 2, lines 48-53 - connected to the first plurality of grappling bars), wherein said crossmember has a bent cross-sectional profile (as shown on Figures 3 and 6, the cross-sectional shape is triangular), wherein said first, second and third grappling bars have rearward ends proximate said articulate connection between said upper jaw and said lower jaw and formed tips opposite said rearward ends, and wherein said crossmember is attached to said first, second and third grappling bars at a position closer to said forward tips as compared to said rearward ends (as shown on Figure 3 and 8, the most forward crossmember (51) is closer to the front end than the rear end of the grappling bars).
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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 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.
Claim(s) 2 – 3, 8, 9, 12 – 14 are rejected under 35 U.S.C. 103 as being unpatentable by US Patent 2717704 – Pilch et al. hereinafter as PILCH in view of US PG Pubs 20060182600 – Deyo et al. hereinafter as DEYO
Regarding Claim 2:
PILCH discloses:
2. (Currently Amended) The attachment according to claim 1, wherein said crossmember has first and second longitudinal edges and first and second end edges, bent cross-sectional profileeach of said first and second side edges. ( Figure.6 – show cross member 51 with first and second longitudinal edges and a first and second end edges)
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PILCH discloses of a cross member with end edges and show said bent cross sectional profile as a triangle shaped cross sectional profile of said cross member.
DEYO discloses of wherein said first and second end edges are curved and show said bent cross sectional profile as a substantially U shaped cross sectional profile of said crossmember (fig. 3 24 has a first end edge and a second end edge as shown in figure 2. 24. The longitudinal edges are longer than the first and second side edges are a part of the bottom part of the profile edge )
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It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for a cross member with end edges and show said bent cross sectional profile as a triangle shaped cross sectional profile of said cross member of PILCH to utilize a cross member with a substantially U shaped cross sectional profile of said cross members wherein said first and second edges are curved as taught by DEYO. Doing so merely constitutes the substitution of a bent cross sectional profile cross member support for another to produce the predictable result of structural support crossmember (MPEP 2143, subsection I, B).
Regarding claim 3
PILCH / DEYO discloses of claim 2
DEYO disclose of the combination of U shaped profile cross member
3. (Original) The attachment according to claim 2, wherein said first, second and third grappling bars are included in said plurality of first grappling bars of said upper jaw, and wherein said first and second longitudinal edges face toward said lower jaw, andtriangle shaped, cross-sectional profile faces away from said lower jaw. ( See figure 6 and drawing annotations from claim 2)
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[AltContent: textbox (Curved base)]DEYO discloses a curved base of said U-shaped, cross sectional profile ( see figure 3 with rounded edges)
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Regarding Claim 8:
PILCH discloses claim 1
PILCH discloses of a cross member wherein said first longitudinal edge faces in a first direction and second longitudinal edge faces in a second direction (Fig.6 – see below wherein the direction of the faces intersect)
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DEYO discloses:
wherein said first longitudinal edge faces in a first direction and said second longitudinal edge faces in a second direction, which is within plus or minus thirty degrees to being parallel to the first direction. ( figure – 4 and para. 0023 – bracket 80 – which is a c channel bracket and has a first direction and second direction where in the faces are substantially parallel)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for a cross member with longitudinal edges and have a bent cross sectional profile as a triangle shaped cross sectional profile of said cross member of PILCH to utilize wherein said first longitudinal edge faces in a first direction and said second longitudinal edge faces in a second direction, which is within plus or minus thirty degrees to being parallel to the first direction as taught by DEYO. Doing so merely constitutes the substitution of a bent cross sectional profile cross member support for another to produce the predictable result of structural support crossmember (MPEP 2143, subsection I, B).
Regarding Claim 9:
PILCH / DEYO discloses claim 8
DEYO discloses the combination in claim 8
wherein the second direction is substantially parallel to the first direction. ( figure – 4 – bracket 80 – which is a c channel bracket and has a first direction and second direction substantially parallel)
Regarding Claim 12:
PILCH discloses:
12. (Currently Amended) An attachment for an industrial or farm vehicle, said attachment comprising:
an upper jaw formed of a plurality of grappling bars; (fig. 6 – 30 upper jaw, grappling bars 50)
a crossmember (51) that extends between and is attached to at least first, second and third grappling bars included in said plurality of grappling bars(Column 2, lines 48-53 - connected to the first plurality of grappling bars), wherein said crossmember has a bent cross-sectional profile( 51), wherein said first, second and third grappling bars have rearward ends proximate said articulated connection between said upper jaw and said lower jaw and forward tips opposite said rearward ends, and wherein said crossmember is attached to said first, second and third grappling bars at a position closer to said forward tips as compared to said rearward ends. (as shown on Figure 3 and 8, the most forward crossmember (51) is closer to the front end than the rear end of the grappling bars).
PILCH discloses of an upper jaw(30) formed of a plurality of grappling bars(50), and a lower jaw(31) formed by a plurality of grappling bars(48), an articulated connection between said upper jaw(30) and lower jaw(31). ( figure. 6 - wherein 30 is upper jaw and 31 is lower jaw) PILCH doesn’t disclose of lower jaw forming a bucket. DEYO discloses:
a lower jaw formed as a bucket; (fig. 4 – lower jaw bucket )
said bucket; (fig. 4 – lower jaw bucket )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for a grappling attachment with an upper jaw and a lower jaw of PILCH to utilize an upper jaw and lower jaw formed as a bucket as taught by DEYO. Doing so merely constitutes the substitution of lower jaw grappling attachment for another to produce the predictable result of grappling ground engaging items (MPEP 2143, subsection I, B).
Regarding Claim 13:
PILCH discloses claim 12:
PILCH discloses of a grappling attachment with a upper jaw and lower jaw. PILCH doesn’t explicitly disclose the lower part of the grappling mechanism to incorporate a bucket. DEYO discloses:
wherein said bucket includes a substantially planar, bottom panel, first and second upwardly extending end walls attached to opposing side ends of said bottom panel, afront lip on a forward end of said bottom panel and a backstop wall extending upwardly from a rearward end of said bottom panel. ( wherein para. 0023 – fig. 4 – wherein 78 , 80 are u-shaped channel brackets, grappling bars 52, fig.5 wherein the bucket contains a bottom panel 114 and side walls 112 attached to opposite ends of the bottom panel. Fig. 5 wherein 113 is the backstop panel)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for a grappling attachment with an upper jaw with grappling bars and a lower jaw with grappling bars of PILCH to utilize such that an upper jaw with grappling bars and lower portion that is formed as a bucket as taught by DEYO. Doing so merely constitutes the substitution of lower jaw grappling attachment for another to produce the predictable result of grappling ground engaging items (MPEP 2143, subsection I, B).
Regarding Claim 14:
PILCH discloses claim 12:
PILCH discloses:
wherein said crossmember has first and second longitudinal edges and first and second end edges, bent cross-sectional profilelower jaw, and bent cross-sectional profile faces away from said lower jaw.( Figure 6 – upper jaw, edges face toward lower jaw, bent cross section profile cross member faces away from lower jaw)
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PILCH discloses of a cross member with end edges and show said bent cross sectional profile as a triangle shaped cross sectional profile of said cross member.
DEYO discloses of wherein said first and second end edges are curved and show said bent cross sectional profile as a substantially U shaped cross sectional profile of said crossmember (fig. 3 24 has a first end edge and a second end edge as shown in figure 2. 24. The longitudinal edges are longer than the first and second side edges are a part of the bottom part of the profile edge )
DEYO additionally discloses a curved base of said U-shaped, cross sectional profile ( see figure 3 with rounded edges)
DEYO additionally discloses of a bucket( see figure 4 para. 0023 )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for a cross member with end edges and show said bent cross sectional profile as a triangle shaped cross sectional profile of said cross member, wherein the grappling attachment has a upper jaw with grappling bars and a lower jaw with grappling bars of PILCH to utilize a cross member with a substantially U shaped cross sectional profile of said cross members wherein said first and second edges are curved and where in the lower portion of the grappling attachment is a bucket as taught by DEYO. Doing so merely constitutes the substitution of a bent cross sectional profile cross member support for another to produce the predictable result of structural support crossmember (MPEP 2143, subsection I, B).
Claim(s) 10 – 11, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable by US Patent 2717704 – Pilch et al. hereinafter as PILCH in view of US PG Pub 20160281318 – Perry et al. hereinafter a PERRY
Regarding Claim 10:
PILCH discloses claim 1
PILCH discloses of grappling bars having an inner profile characterized by a curved inner edge facing lower jaw.(fig. 6 - the inner profile of 50 grappling bar)
PERRY discloses of grappling bars having an inner profile characterized by a curved inner edge facing to said lower jaw and serrations formed along at least a portion of said inner edge.( fig. 6b – 123 wherein the inner profile has serrations formed along the inner edge 207 and 211)
It would be obvious to one of ordinary skill in the art at the time of the invention was filled for PILCH’s grappling bars with a curved inner edge facing lower jaw to utilize the PERRY’s grappling bars having an inner profile characterized by a curved inner edge facing to said lower jaw and serrations formed along at least a portion of said inner edge. Additionally, Examiner notes that PILCH would allow an enhancement in gripping power through serrated edges (fig 6a – 207, 211 jagged edges on inner profile)
Regarding Claim 11:
PILCH / PERRY discloses claim 10
PILCH discloses of second grappling bars has a same inner profile characterized by a curved inner edge, ( see figure 6 lower jaw bars – 48 facing upper jaw 50)PERRY discloses of wherein each of said plurality of second grappling bars has a same inner profile characterized by a curved inner edge facing to said upper jaw and serrations formed along at least a portion of said inner edge.( fig. 6b – 121 wherein the inner profile has serrations formed along the inner edge 137)
It would be obvious to one of ordinary skill in the art at the time of the invention was filled for PILCH’s grappling bars with a curved inner edge of lower jaw facing upper jaw to utilize the PERRY’s grappling bars having an inner profile wherein each of said plurality of second grappling bars has a same inner profile characterized by a curved inner edge facing to said upper jaw and serrations formed along at least a portion of said inner edge. Additionally, Examiner notes that PILCH would allow an enhancement in gripping power through serrated edges (fig 6b – 137 jagged edges on inner profile)
Regarding Claim 18:
PILCH discloses:
18. (Currently Amended) An attachment (30, 31)for an industrial or farm vehicle(column 1, lines 15-21), said attachment comprising:
an upper jaw(30) formed of a plurality of grappling bars;(50)
a lower jaw(31);
an articulated connection(linkage system shown at least as 42, 43, 44, 22, 37, 15) between said upper jaw and said lower jaw; (Column 2, lines 19-47)
a crossmember (51)that extends between and is attached to at least first, second and third grappling bars included in said plurality of grappling bars(Column 2, lines 48-53 - connected to the first plurality of grappling bars), wherein said crossmember has a bent cross-sectional profile, and wherein slots formed in one of said crossmember or said first, second and third grappling bars accept edges of the other of said first, second and third grappling bars or said crossmember, (as shown on Figure 3 and 8, the most forward crossmember (51) is closer to the front end than the rear end of the grappling bars).
PILCH discloses the cross member and grappling bars, PILCH doesn’t explicitly disclose welding of crossmember to grappling bars however PERRY discloses of a grappling assembly wherein the individual gripping jaw elements (205) are connected to their bracing support element (215) through welding at the point of contact (para. 0071 – welding as a means of fixedly joined.)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention for PILCH grappling attachment to attach elements together using fasteners to utilize PERRY’s grappling attachment to fixedly join by means of welding to attach the cross member to the structures taught by PERRY (para. 0071 - welding). Doing so merely constitutes the substitution of attachment mechanism for another to the ability to improve the strength of attachment points for structural support (MPEP 2143, subsection I, B).
Regarding Claim 19:
PILCH / PERRY discloses:
19. (Original) The attachment according to claim 18, wherein said plurality of grappling bars is a first plurality of grappling bars, and wherein said lower jaw is formed of a plurality of second grappling bars. ( See figure 6, 30 and 31 upper jaw and lower jaw, where in 50 and 51 are upper grappling bars and lower grappling bars)
Claim(s) 4 are rejected under 35 U.S.C. 103 as being unpatentable by US Patent 2717704 – Pilch et al. hereinafter as PILCH in view of US PG Pubs 20060182600 – Deyo et al. hereinafter as DEYO in view of US PG Pub 20160281318 – Perry et al. hereinafter a PERRY
Regarding Claim 4:
PILCH / DEYO discloses of claim 3
PILCH discloses of a length of said first longitudinal edge in a grapple attachment, PERRY discloses a grapple system (55-1) which includes spaced apart gripping jaw elements (205) which are connected by a cross bracing element (215), which include a plurality of serrations formed along a length of said first longitudinal edge (227; Paragraph 0084)
It would be obvious to one of ordinary skill in the art at the time of the invention was filled for PILCH’s grapple attachment to utilize the gripping jaw element that includes which include a plurality of serrations formed along a length of said first longitudinal edge (figure 6a – 227 serrated edge) as taught by PERRY. Additionally, Examiner notes that PILCH would allow an enhancement in gripping power through serrated edges (PERRY fig 6a – 227 jagged edges on plate)
Allowable subject matter
Claims 5 – 7, 15 – 17 and 20 are allowable
PILCH / DEYO / PERRY disclose of a grappling attachment for farm equipment. However PILCH / DEYO / PERRY does not explicitly disclose at least a first plurality of slots cut into said first longitudinal edge and a second plurality of slots cut into said second longitudinal edge, wherein a width of each slot of said first and second pluralities of slots is sufficient to accept accepts a width of one of said first, second or third grappling bars therein. wherein said first plurality of slots number eight and said second plurality of slots number eight,and wherein in addition to said first, second and third grappling bars, said upper jaw includes fourth, fifth, sixth, seventh and eighth grappling bars, and wherein each of said first through eighth grappling bars is welded into one of said first plurality of slots and one of said second plurality of slots. wherein said first longitudinal edge and said serrations thereon recess toward said base of said U-shaped, cross-sectional profile between adjacent slots of said first plurality of slots. wherein said lower jaw is formed as a bucket, and further comprising:plurality of slots cut into said crossmember, wherein a width of each slot is sufficient to accept a width of one of said first, second or third grappling bars therein. Such a modification would require too significant of a redesign of the u shaped profile cross member and would constitute an improper degree of hindsight reasoning.
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 ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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/A.H.T/Examiner, Art Unit 3671
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676