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 Rejections - 35 USC § 103
1. 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.
2. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
3. Claims 1, 2, 5, 7, 8, 10, 11, 14, 16, 17, 21 and 79 are rejected under 35 U.S.C. 103 as being unpatentable over Roy et al. (CA 2566225 A1; previously cited and applied; hereinafter “Roy”) in view of Gagne et al. (US 2005/0104450 A1; previously cited and applied; hereinafter “Gagne”).
Regarding claim 1, Roy discloses an endless track 200 for a track system, the endless track comprising: a carcass 205 free of laterally extending rigid reinforcing member (evident from Figs. 4 and 5), the carcass including: an inner surface 204; an outer surface 202; a first lateral edge (labeled in reproduced and annotated Fig. 4 provided below); a second lateral edge (labeled in reproduced and annotated Fig. 4 provided below); a plurality of central lugs 230 extending from the inner surface, each central lug of the plurality of central lugs being longitudinally spaced from one another (Fig. 3), and the plurality of central lugs being configured to engage with a sprocket wheel assembly (Figs. 5-7; paragraph [0050]); a plurality of traction projections 210 extending from the outer surface (Fig. 3), the plurality of traction projections being configured to engage with a ground surface (Fig. 3; paragraph [0019]), at least some of the plurality of traction projections defining outer recesses (unlabeled recesses positioned between the traction projections in the longitudinal direction shown in Figs. 3, 5 and 6), and the plurality of traction projections forming a plurality of traction projection sets (Figs. 3, 5 and 6), first traction projection sets of the plurality of traction projection sets being longitudinally aligned with corresponding central lugs (evident from Figs. 3, 5 and 6), and second traction projection sets of the plurality of traction projection sets being disposed longitudinally between two of the first traction projection sets (evident from Figs. 3, 5 and 6); a belting member 280 disposed within the carcass (Fig. 4; paragraph [0054]); wherein the inner surface has a first wheel engaging portion 240 disposed on one side of the plurality of central lugs and a second wheel engaging portion 240 disposed on an other side of the plurality of central lugs, the first lateral edge is vertically lower than the first wheel engaging portion, and the second lateral edge is vertically lower than the second wheel engaging portion (evident from Figs. 3 and 4; paragraph [0055]); and wherein the inner surface further includes a first sloped portion (labeled in reproduced and annotated Fig. 4 provided below) extending between the first wheel engaging portion and the first lateral edge and a second sloped portion (labeled in reproduced and annotated Fig. 4 provided below) extending between the second wheel engaging portion and the second lateral edge, and wherein the belting member does not extend below the first and second sloped portions (evident from Fig. 4).
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Although Roy, as noted above, discloses the first traction projection sets and second traction projection sets, Roy fails to disclose the second traction projection sets being longitudinally offset from the plurality of central lugs.
Gagne, however, teaches an endless track for a track system that includes a plurality of traction projections 26, 28 forming a plurality of traction projection sets (Figs. 1-4), first traction projection sets (comprised of longer traction projections in the longitudinal direction) of the plurality of traction projection sets being longitudinally aligned with corresponding central lugs (evident from Fig. 4), and second traction projection sets (comprised of shorter traction projections in the longitudinal direction) of the plurality of traction projection sets being disposed longitudinally between two of the first traction projection sets (evident from Figs. 3 and 4), wherein the second traction projection sets are longitudinally offset from the plurality of central lugs (evident from Fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the endless track of Roy by substituting its plurality of traction projections for traction projections having second traction projection sets that are disposed longitudinally between two of the first traction projection sets, wherein the second traction projection sets are longitudinally offset from the plurality of central lugs, such as taught by Gagne, as a well-known alternative traction projection pattern that would have a reasonable expectation of success in providing the endless traction with desired tractive properties for the intended use of the endless track.
Regarding claim 2, Roy further discloses the plurality of central lugs is configured to laterally guide the endless track with respect to wheel assemblies of the track system (Figs. 5-7; paragraph [0050]).
Regarding claim 5, Roy further discloses the belting member is a single set of cables 280 (paragraphs [0045] and [0054]; Fig. 4).
Regarding claim 7, Roy further discloses the endless track defines a neutral axis 203, and the belting member is aligned with the neutral axis (paragraph [0054]; Fig. 4).
Regarding claim 8, Roy further discloses the belting member extends along at least about 55% of a width of the endless track the track width (evident from Fig. 4).
Regarding claim 10, Gagne further discloses each one of the plurality of traction projection sets including at least two longitudinally aligned traction projections 26, 28 (Fig. 2).
Regarding claim 11, Gagne further discloses the plurality of traction projection sets defines an alternating sequence of long traction projections followed by short traction projections (Figs. 3 and 4).
Regarding claim 14, both Roy and Gagne further disclose the plurality of outer recesses is generally aligned with a leading end of a base portion of a central lug, and a trailing end of a base portion of an adjacent central lug (Fig. 6 of Roy; Fig. 4 of Gagne).
Regarding claim 16, Roy further discloses the first and second sloped portions are configured to (i.e., capable of) evacuate debris laterally outwardly from the first and second wheel engaging portions (evident from Fig. 4).
Regarding claim 17, Roy further discloses the first and second sloped portions each have sloped portion width and a sloped portion height (evident from Fig. 4), and a ratio of the sloped portion height over the sloped portion width is at least about 20% (clearly shown in Fig. 4).
Regarding claim 21, Roy further discloses a track system for a vehicle (paragraph [0003]), the track system comprising: a frame (implicit from at least Figs. 5 and 8); a plurality of wheel assemblies connected to the frame (paragraph [0006]), the plurality of assemblies including at least one of a sprocket wheel assembly 300, an idler wheel assembly 500; and a support wheel assembly 400; and the endless track at least partially surrounding the frame and the plurality of wheel assemblies (evident from Fig. 8).
Regarding claim 79, Roy further discloses the belting member is disposed along a neutral axis 203 of the carcass (paragraph [0054]; Fig. 4).
4. Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Roy in view of Gagne, as applied to claim 1 above, and further in view of Sugihara (US 2010/0013298 A1; previously cited and applied).
Regarding claims 3 and 4, although Roy further discloses each one of the plurality of central lugs has a lug base length and a lug base height (evident from Figs. 3-5), Roy, as modified by Gagne, fails to expressly disclose a ratio of the lug height over the lug base length is equal or less than about 80% and a ratio of a longitudinal distance between two adjacent central lugs of the plurality of central lugs over the lug base length is equal or less than about 170%.
Sugihara, however, teaches an endless track wherein each one of the plurality of central lugs has a lug base length B and a lug base height H, a ratio of the lug height over the lug base length is equal or less than about 80% (Figs. 6 and 7; paragraphs [0097-0100]), and a ratio of a longitudinal distance C between two adjacent central lugs of the plurality of central lugs over the lug base length is equal or less than about 170% (Figs. 6 and 7; paragraphs [0097-0100]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified each one of the plurality of central lugs of Roy, as modified by Gagne, so that a ratio of the lug height over the lug base length is equal or less than about 80% and a ratio of a longitudinal distance between two adjacent central lugs of the plurality of central lugs over the lug base length is equal or less than about 170%, such as taught by Sugihara, with a reasonable expectation of success in increasing the durability of the endless track by minimizing the deformation of the central lugs and reducing teeth skipping phenomenon occurring between the sprocket wheel assembly and the central lugs during use.
Response to Arguments
5. Applicant’s arguments with respect to independent claim 1 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specifically, as noted above, upon reconsideration of the Roy reference, it is noted that Roy clearly discloses the lateral regions of the inner surface to be chamfered (note at least Figs. 3 and 4) so as to define the claimed first and second sloped portions (labeled in reproduced and annotated Fig. 4 provided above), each extending between a respective wheel engaging portion and a respective lateral edge. Further, Fig. 4 of Roy clearly shows that the belting member 280 does not extend below these sloped portions.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIP T KOTTER whose telephone number is (571)272-7953. The examiner can normally be reached 9:30-6 EST Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) J Morano can be reached at (571)272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kip T Kotter/Primary Examiner, Art Unit 3615
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