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 18035897 amendment filed on 01/05/2026.
Claims 1,3, 5, 7, 8, 11, 13, 15, 16, 18 and 23 are amended
Claims 6, 17, 21 and 22 are cancelled
Claim 8 and 18 are allowable
Claim 1 – 5, 7 – 8, 9 – 16, 18 – 20, 23 are currently pending and have been examined.
Response to Arguments
The examiner states that the applicant is arguing limitations that are not within the claim. The claim states of “ a drive shaft fixedly coupled to the top mount, the drive shaft being received in and extending between the first coupling flange aperture of the bucket and the second coupling flange aperture of the bucket such that the bucket is pivotally couple to the shaft” and “a drive lug fixedly coupled to and depending from the drive shaft at a first position between the first and second coupling flanges of the bucket” The applicant is arguing that the tilt pin is not connected to the tilt cylinder 30. The applicant states FUJI does not explicitly disclose this claim element, however the examiner respectfully disagrees and states that the claim does not require that tilt cylinder needs to be attached to the drive shaft. Fixedly couple to and depending from the drive shaft, read broadly, does not explicitly states that the drive lug is explicitly connected TO the drive shaft. The examiner suggests that the applicant clarify the elements that required to be connected to the drive shaft. Based upon the broad interpretation of the claim, the claims are still fixedly coupled and depending from the drive shaft. Examiner suggests applicant clarify the coupling elements that connect to the shaft in order expedite the prosecution. The examiner does not find the applicants arguments persuasive.
Claim Rejections - 35 USC § 102
(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, 4, 5, 7, 10 are rejected under 35 U.S.C. 102(a)(1)(2) as being unpatentable by US Patent 9689145 – Fujii et al. hereinafter as FUJII
Regarding Claim 1:
FUJII discloses:
(Original) A tilt bucket assembly for an excavator comprising:
a bucket having: (fig 2 – bucket 8)
first and second coupling flanges spaced apart from each other, the first and second coupling flanges extending upwardly from a top wall of the bucket and extending laterally between first and second side plates of the bucket to define a compartment therebetween, (fig. 2 – bracket 87 ) the first coupling flange defining a front wall of the compartment(fig. 2 – bracket 87 has a front wall of the coupling flange) and the second coupling flange defining a rear wall of the compartment (fig. 2 – bracket 87 is rear wall of the coupling flange), the first coupling flange having a first coupling flange aperture and the second coupling flange having a second coupling flange aperture aligned with the first coupling flange aperture; (fig. 2 – bracket 87 with holes along j4 axis of bracket of the front wall and rear wall)
a linkage assembly coupled to the bucket, the linkage assembly being configured to be releasably coupled to an arm of the excavator and to tilt the bucket relative to the arm of the excavator, the linkage assembly comprising: a top mount configured to be fixedly releasably coupled to the arm of the excavator; (fig. 2 0- linkage assembly 90 - mounted to be releasable by the arm of excavator)
a drive shaft fixedly coupled to the top mount,( fig. 2 – shaft 80 to connect top mount 90 and bracket 97) the drive shaft being received in and extending between the first coupling flange aperture of the bucket( bracket 87 first coupling flange aperture) and the second coupling flange aperture of the bucket ( bracket 87 first coupling flange aperture) such that the bucket is pivotally coupled to the drive shaft( bucket from bracket 87 is not connected through shaft 80 to connect top mount 90);
a drive lug fixedly coupled to and depend from the drive shaft at a first position between the first and second coupling flanges of the bucket; and ( fig. 2 - drive lug – 30b wherein dependence from shaft 80 is mounted on bracket 97 that is connected to top mount 90)
a linear actuator having a first end coupled to the top wall of the bucket and a second end fixedly coupled to the drive lug, (fig. 3 - J5 axis wherein actuator 30a is mounted to 30A on top wall, the drive lug is 30b attached to bracket 97) the linear actuator being movable between a retracted position and an extended position to pivot the bucket about an axis of the drive shaft. (fig. 3 - actuator 30a is movable in different positions to pivot bucket around shaft 80 J4)
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Regarding Claim 4:
FUJII discloses claim 1:
4. (Original) The tilt bucket assembly of claim 1, wherein the second end of the linear actuator is coupled to the drive lug at a position between the first coupling flange and the second coupling flange. ( fig. 2 and fig. 3 where in 30 is the actuator is located between the first and second coupling flanges, 30b is the drive lug)
Regarding Claim 5:
FUJII discloses claim 1:
5. (Original) The tilt bucket assembly of claim 1, wherein the drive lug includes:
a mounting portion configured to fixedly couple the drive lug to the drive shaft; (fig. 3 - the drive lug is 30b mounted to bracket 97)
a distal portion configured to fixedly couple the drive lug to the linear actuator. (fig. 3 - J5 axis wherein actuator 30 is mounted to 30A on top wall, the drive lug is 30b attached to bracket 97 rotates around shaft 80, where in the lug is coupled to the linear actuator 30)
Regarding Claim 7:
FUJII discloses claim 5
(Original) The tilt bucket assembly of claim 5, wherein the mounting portion of the drive lug has an aperture configured to receive and surround the drive shaft. (fig. 3 the drive lug is 30b attached to bracket 97 where in bracket 97 is the aperture to receive and surround shaft 80)
Regarding Claim 10:
FUJII discloses claim 1:
(Original) The tilt bucket assembly of claim 1, wherein the linear actuator is a hydraulic cylinder. (col 4 line 63 – 67 – col 5 line 8 – hydraulic actuator.)
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, 9, 11 – 16, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9689145 – Fujii et al. hereinafter as FUJII in view of US PG Pub20170089030 – Rochel et al. hereinafter as ROCHEL
Regarding Claim 2:
FUJII discloses claim 1:
FUJII discloses of tilt bucket with a linear actuator, ROCHEL discloses a tilt bucket with a linear actuator that has a compartment formed by attached panels ( fig. 1 – actuators under 44 and 46 panels)
It would be obvious to one of ordinary skill in the art before the effective filling date for FUJII’s tilt bucket with a linear actuator to utilize the Rochel’s tilt bucket to form the compartment formed by members 33 and 46 as this would allow FUJII’s purpose of providing a protective barrier (para. 0014)
Regarding Claim 3:
FUJII discloses claim 1:
FUJII discloses of tilt bucket with a linear actuator, ROCHEL discloses one or more protective covers configured to couple to the first and second coupling flanges and cover the drive shaft, the drive lug and the linear actuator. ( fig. 1 – actuators under 44 and 46 panels for protective coverings)
It would be obvious to one of ordinary skill in the art before the effective filling date for FUJII’s tilt bucket with a linear actuator to utilize the Rochel’s tilt bucket to form the compartment formed by members 33 and 46 and have one or more protective covers configured to couple to the first and second coupling flanges and cover the drive shaft as this would allow FUJII’s purpose of providing a protective barrier (para. 0014)
Regarding Claim 9:
FUJII discloses claim 1:
FUJII discloses of tilt bucket with a linear actuator, ROCHEL discloses one or more side covers
one or more side covers coupled to the first coupling flange and the second coupling flange, the one or more side covers being configured to cover at least a portion of the linear actuator. ( fig. 1 – actuators under 44 and 46 panels for protective coverings)
It would be obvious to one of ordinary skill in the art before the effective filling date for FUJII’s tilt bucket with a linear actuator to utilize the Rochel’s tilt bucket to one or more side covers
one or more side covers coupled to the first coupling flange and the second coupling flange, the one or more side covers being configured to cover at least a portion of the linear actuator as this would allow FUJII’s purpose of providing a protective barrier (para. 0014)
Regarding Claim 11:
FUJII discloses claim 1:
FUJII discloses of tilt bucket with a first linear actuator and a first drive lug, ROCHEL discloses of a tilt bucket wherein the linkage assembly includes:
first and second drive lugs (Fig.4 first and second drive lugs) configured to be fixedly coupled to and depend from the drive shaft (fig. 1 – shaft 24 and 40 and 42 are brackets that’s connected to fig. 2 top end 30 and to shaft 24)at respective first and second positions between the first and second coupling flanges( fig. 1 – front coupling flange 20 and rear coupling flange 22) of the bucket; and
first and second linear actuators(fig. 4 - first and second actuators 41 and 43) each having a first end coupled to the top wall of the bucket and a second end fixedly coupled to one of the first and second drive lugs (fig. 4 first drive lug, and second drive lug), the first linear actuator being movable between a retracted position and an extended position to pivot the bucket in a first direction about the axis of the shaft and the second linear actuator being movable between a retracted position and an extended position to pivot the bucket in a second direction about the axis of the drive shaft. (fig.4 wherein the linear actuators move between a retracted positions and extended position)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute the linear mechanism and drive lug mechanism of FUJII for first and second drive lugs configured to be fixedly coupled to and depend from the drive shaft at respective first and second positions between the first and second coupling flanges of the bucket; first and second linear actuators each having a first end coupled to the top wall of the bucket and a second end fixedly coupled to one of the first and second drive lugs, the first linear actuator being movable between a retracted position and an extended position to pivot the bucket in a first direction about the axis of the drive shaft and the second linear actuator being movable between a retracted position and an extended position to pivot the bucket in a second direction about the axis of the drive shaft as taught by ROCHEL. Doing so merely constitutes the substitution of one known work attachment mechanism for another to produce the predictable result of a tilt mechanism (MPEP 2143, subsection I, B). Additionally, Examiner notes that ROCHEL further teaches that the additional mechanism would allow for more precise movement( ROCHEL - para. 0039 – tilt bucket accurately)
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Regarding Claim 12:
FUJII / ROCHEL disclose the first and second linear actuators of claim 11 ROCHEL disclose:
12. (Original) The tilt bucket assembly of claim 11, wherein the first and second linear actuators are contained within the compartment. (fig. 1 – panel 44 and panel 46 wherein these panels are considered protective panels to form a compartment in which elements are more protected)
Regarding Claim 13:
FUJII / ROCHEL disclose the first and second linear actuators of claim 11, ROCHEL disclose:
13. (Original) The tilt bucket assembly of claim 11 further comprising one or more protective covers configured to couple to the first and second coupling flanges and cover the drive shaft, the first and second drive lugs and the first and second linear actuators. (fig. 1 – panel 44 and panel 46 are protective covers)
Regarding Claim 14:
FUJII / ROCHEL disclose of claim 11
FUJII / ROCHEL disclose the first and second linear actuators. ROCHEL disclose:
14. (Original) The tilt bucket assembly of claim 11, wherein the second end of the first linear actuator is coupled to the first drive lug at a first position between the first coupling flange and the second coupling flange, and the second end of the second linear actuator is coupled to the second drive lug at a second position between the first coupling flange and the second coupling flange. (fig. 4 where in the first and second drive lugs are at the position of extension and contract depending on the position of a first linear actuator between the first coupling flange and second coupling flange.)
Regarding Claim 15:
FUJII / ROCHEL disclose of claim 14
FUJII / ROCHEL disclose the first and second linear actuators. ROCHEL disclose:
15. (Original) The tilt bucket assembly of claim 14, wherein the first position and the second position are spaced apart from each other along the axis of the drive shaft. ( fig. 4 wherein the first and second position are dependent on the extension and contraction of the linear actuators driving the lugs along the shaft 24)
Regarding Claim 16:
FUJII / ROCHEL disclose the first and second linear actuators in claim 11 , ROCHEL disclose:
16. (Original) The tilt bucket assembly of claim 11, wherein each of the first drive lug and the second drive lug include: (fig. 4 – a first drive lug and a second drive lug show in figure)
a mounting portion configured to fixedly couple the drive lug to the drive shaft; (fig. 2 – top end 30 is connected to40 and 42 bracket that’s through shaft 24)wherein the a distal portion configured to fixedly couple the drive lug to the second end of one of the linear actuators. (fig. 4 where in drive lug are at the end of the linear actuators)
Regarding Claim 19:
FUJII / ROCHEL disclose the first and second linear actuators in claim 11 , ROCHEL disclose:
19. (Original) The tilt bucket assembly of claim 11 further comprising one or more side covers coupled to the first coupling flange and the second coupling flange, the one or more side covers being configured to cover at least a portion of the first and second linear actuators. ( fig. 1 44 and 46 side covers to protect the mechanisms)
Regarding Claim 20:
FUJII / ROCHEL disclose the first and second linear actuators in claim 11 , ROCHEL disclose:
20. (Original) The tilt bucket assembly of claim 11, wherein the first and second linear actuators are each hydraulic cylinders. ( para. 0014 and fig. 1 where in the actuators are hydraulic actuators)
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9689145 – Fujii et al. hereinafter as FUJII in view of US patent 5487230 – Weyer et al. hereinafter WEYER
Regarding Claim 23:
FUJII disclose of a drive shaft, and the top mount has at least one aperture to fixedly couple the drive shaft to the top mount. WEYER discloses wherein the drive shaft includes a set of grooves extending longitudinally along the axis of the drive shaft, and at least one aperture with a profile shaped to receive the grooves to fixedly couple the drive shaft to the aperture.( col 5 line 20 – 30 - The extending shaft portion 56 has a splined portion 72 with straight, longitudinally extending splines which extend within and engage straight splines of a correspondingly splined central aperture 74 of a splined locking ring 76 positioned adjacent to the shaft nut 58. Preferably, the locking ring 76 rotates with the shaft 50. The shaft nut 58 has circumferentially arranged threaded apertures that each threadably receive bolt 78 to releasably secure the splined locking ring 76 to the shaft nut to insure the shaft nut will rotate in unison with the shaft 50 and not detach therefrom.)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute the drive shaft and aperture mechanism of the tilt bucket of FUJII for wherein the drive shaft includes a set of grooves extending longitudinally along the axis of the drive shaft, and at least one aperture with a profile shaped to receive the grooves to fixedly couple the drive shaft to the aperture as taught by WEYER. Doing so merely constitutes the substitution of one known work attachment mechanism for another to produce the predictable result of a tilt mechanism (MPEP 2143, subsection I, B). Additionally, Examiner notes that WEYER further teaches that the additional mechanism would allow for more precise movement.( col 1 – line 37 – 41 – control the amount of lateral tiliting to hold tool at desired tilt angles)
Allowable Subject Matter
Claim 8 and claim 18 are potentially allowable.
While the tilt mechanism are known, such references do not disclose the specific elements wherein the mounting portion of the first drive lug and the second drive lug comprises a u-shaped portion to be received by a squared-portion of the drive shaft. Such a modification would require too significant of a redesign of the drive shaft that would constitute an improper degree of hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PG Pub 20110147032 – tilt bucket shaft with splines para. 0061 – shaft with splines
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached on 5712720547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671