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 .
Response to Amendment
This Final Rejection is in response to the Amendment dated February 20, 2026 filed in response to the Non-final Rejection dated October 29, 2025.
The 35 U.S.C. 103 rejections in the previous Office action are withdrawn in view of the amendments made to the claims. However, the claims continue to be rejected as explained below.
Response to Arguments
Applicant first argues, in the bottom half of page 18, neither Robinson ‘070 nor Kalliokoski ‘611 teach or suggest the apparatus as claimed in amended claim 1. Examiner agrees. Accordingly, the 35 U.S.C. 103 rejection in the previous Office action has been withdrawn as stated above. However, new grounds of rejection necessitated by the claim amendments is presented below.
Applicant then argues, starting in the middle of page 19, Eggers ‘532 fails to describe the subject matter of claims 9 and 19. Examiner finds the argument persuasive. Accordingly, the 35 U.S.C. 103 rejection in the previous Office action is withdrawn as stated above.
Claim Rejections - 35 USC § 102
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 1-4, 6-8, 10-14, 16-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chinese Patent Publication No. CN 110328728 A by Shen et al., hereinafter “Shen”.
Regarding claim 1, Shen discloses a wood chipping apparatus (Figs. 1 and 2; [0002]-[0004] and [0022] and [0023]), including a hydraulic mechanism for adjusting and fixing an operational set point, being an axial position of an axially displaceable shaft and rotary chipper disc combination, comprising:
an axially displaceable shaft having a long dimension (shaft spindle 5 in Fig. 1 is axially displaceable; [0026]) and a first end and a second end and a middle portion, said first end or said middle portion being attached to a rotary chipper disc (the left end of spindle 5 is attached to disc 1 in Fig. 1), said axially displaceable shaft and said rotary chipper disc being configured to rotate together around an axis of rotation (spindle 5 and disc 1 rotate around the axis of rotation shown in Fig. 1);
one or more axial thrust bearing assemblies (axial thrust bearing assembly piston rod 8 in Fig. 1; [0028]) that are each configured to apply an axial force to said axially displaceable shaft, in either one or both of two opposing axial directions being parallel to said long dimension of said axially displaceable shaft, in response to a force that is applied to said at least one of said thrust bearing assemblies, via an axial adjustment mechanism (piston rod 8 in Fig. 1 applies an axial force to spindle 5 in both directions along the axis of rotation via axial adjustment mechanism piston 7 inside hydraulic cylinder body 6);
said axial adjustment mechanism, including one or more components that collectively enable application of said force to said axially displaceable shaft via at least one of said axial thrust bearing assemblies (piston 7 is fixed to axial thrust bearing piston rod 8 and is fitted inside cylinder body 6 such that changes in hydraulic fluid pressure inside cylinder 6 axially moves piston 7 which in turn axially moves piston 8 that in turn axially moves spindle 5), said components including a hydraulic fluid chamber that is configured to surround a curved outer surface of said axially displaceable shaft (hydraulic cylinder body 6 in Fig. 1 is a hydraulic fluid chamber surrounding the curved outer surface of spindle 5), and configured to apply a force of a sufficient amount to cause axial displacement of at least one of said axial thrust bearing assemblies, and to cause movement of said axially displaceable shaft towards at least one of said axial directions (changes in hydraulic fluid pressure inside cylinder 6 axially moves piston 7 which in turn axially moves piston 8 that in turn axially moves spindle 5); and wherein
said axial adjustment mechanism is configured to operate without requiring attachment to nor obstruction of, an end face of said second end of said shaft (Fig. 1 shows hydraulic cylinder body 6 and piston 7 is configured to operate without requiring attachment nor obstruction of the right end face of spindle 5).
Regarding claim 2, Shen anticipates the apparatus of claim 1 as explained above. Shen further discloses wherein a size of said hydraulic fluid chamber is configured to be expandable and collapsable while surrounding said curved outer surface of said axially displaceable shaft (the size of the hydraulic fluid chamber on either side of piston 7 inside cylinder 6 in Fig. 1 expand and collapse to axially move piston 7; [0028] and [0029]).
Regarding claim 3, Shen anticipates the apparatus of claim 1 as explained above. Shen further discloses a lower elevation arresting mechanism (bearing support 2 bolted to hydraulic cylinder 6 in Fig. 1 are an arresting mechanism) that is configured to prevent an axial position of at least one of said thrust bearing assemblies from being moved in a direction towards a lower elevation and/or in a direction towards a chipper motor of the apparatus (rightward movement of axial thrust bearing piston 8 toward the chipper motor illustrated in Fig. 1 is prevented beyond where bearing sleeve 3 is capable of being moved within bearing support 2 where it is stopped by the left face of cylinder 6).
Regarding claim 4, Shen anticipates the apparatus of claim 3 as explained above. Shen further discloses wherein said lower elevation arresting mechanism includes at least one threaded component. Fig. 1 shows hydraulic cylinder 6 threadedly bolted to bearing support 2.
Regarding claim 6, Shen anticipates the apparatus of claim 1 as explained above. Shen further discloses a higher elevation arresting mechanism (bearing support 2 bolted to hydraulic cylinder 6 in Fig. 1 are an arresting mechanism) that is configured to prevent an axial position of at least one of said thrust bearing assemblies from being moved in a direction towards a higher elevation and/or in a direction towards said rotary chipper disc (leftward movement of axial thrust bearing piston 8 toward disc 1 is prevented beyond where bearing sleeve 3 is capable of being moved within bearing support 2).
Regarding claim 7, Shen anticipates the apparatus of claim 6 as explained above. Shen further discloses wherein said higher elevation arresting mechanism includes at least one threaded component. Fig. 1 shows hydraulic cylinder 6 of the arresting mechanism is threadedly bolted to bearing support 2.
Regarding claim 8, Shen anticipates the apparatus of claim 6 as explained above. Shen further discloses wherein said higher elevation arresting mechanism includes one or more tension rods. The bolts shown in Fig. 1 bolting hydraulic cylinder 6 to bearing support 2 are placed in tension, as tension rods, when axial force is exerted against the left inner end of bearing support 2.
Regarding claim 10, Shen anticipates the apparatus of claim 1 as explained above. Shen further discloses wherein said at least one thrust bearing assembly is attached to said axial displaceable shaft in such a manner so as to not permit axial movement of said axially displaceable shaft relative to said thrust bearing assembly of an amount that is permitted by axial clearances of said thrust bearing assembly. Thrust bearing piston 8 in Fig. 1 is attached to shaft spindle 5 in a manner which does not permit axial movement of spindle 5 relative to piston 8 of the amount permitted by the axial clearance between bearing sleeve 3 and bearing support 2.
Regarding claim 11, Shen discloses a hydraulic method for adjusting and fixing an operational set point of a wood chipping apparatus (apparatus of Figs. 1 and 2; [0002]-[0004] and [0022] and [0023]), being an axial position of an axially displaceable shaft and rotary chipper disc combination, comprising the steps of:
providing an axially displaceable shaft having a long dimension (shaft spindle 5 in Fig. 1 is axially displaceable; [0026]) and a first end and a second end and a middle portion, said first end or said middle portion being attached to a rotary chipper disc (the left end of spindle 5 is attached to disc 1 in Fig. 1), said axially displaceable shaft and said rotary chipper disc being configured to rotate together around an axis of rotation (spindle 5 and disc 1 rotate around the axis of rotation shown in Fig. 1);
providing one or more axial thrust bearing assemblies (axial thrust bearing assembly piston rod 8 in Fig. 1; [0028]) that are each configured to apply an axial force to said axially displaceable shaft, in either one or both of two opposing axial directions being parallel to said long dimension of said axially displaceable shaft, in response to a force that is applied to said at least one of said thrust bearing assemblies, via an axial adjustment mechanism (piston rod 8 in Fig. 1 applies an axial force to spindle 5 in both directions along the axis of rotation via axial adjustment mechanism piston 7 inside hydraulic cylinder body 6);
said axial adjustment mechanism, including one or more components that collectively enable application of said force to said axially displaceable shaft via at least one of said axial thrust bearing assemblies (piston 7 is fixed to axial thrust bearing piston rod 8 and is fitted inside cylinder body 6 such that changes in hydraulic fluid pressure inside cylinder 6 axially moves piston 7 which in turn axially moves piston 8 that in turn axially moves spindle 5), said components including a hydraulic fluid chamber that is configured to surround a curved outer surface of said axially displaceable shaft (hydraulic cylinder body 6 in Fig. 1 is a hydraulic fluid chamber surrounding the curved outer surface of spindle 5), and configured to apply a force being of a sufficient amount to cause axial displacement of at least one of said axial thrust bearing assemblies, and to cause movement of said axially displaceable shaft towards at least one of said axial directions (changes in hydraulic fluid pressure inside cylinder 6 axially moves piston 7 which in turn axially moves piston 8 that in turn axially moves spindle 5); and wherein
said axial adjustment mechanism is configured to operate without requiring attachment to nor obstruction of, an end face of said second end of said shaft (Fig. 1 shows hydraulic cylinder body 6 and piston 7 is configured to operate without requiring attachment nor obstruction of the right end face of spindle 5).
Regarding claim 12, Shen anticipates the method of claim 11 as explained above. Shen further discloses wherein a size of said hydraulic fluid chamber is configured to be expandable and collapsable while surrounding said curved outer surface of said axially displaceable shaft (the size of the hydraulic fluid chamber on either side of piston 7 inside cylinder 6 in Fig. 1 expand and collapse to axially move piston 7; [0028] and [0029]).
Regarding claim 13, Shen anticipates the method of claim 11 as explained above. Shen further discloses a lower elevation arresting mechanism (bearing support 2 bolted to hydraulic cylinder 6 in Fig. 1 are an arresting mechanism) that is configured to prevent an axial position of at least one of said thrust bearing assemblies from being moved in a direction towards a lower elevation and/or in a direction towards a chipper motor of the apparatus (rightward movement of axial thrust bearing piston 8 toward the chipper motor illustrated in Fig. 1 is prevented beyond where bearing sleeve 3 is capable of being moved within bearing support 2 where it is stopped by the left face of cylinder 6).
Regarding claim 14, Shen anticipates the method of claim 13 as explained above. Shen further discloses wherein said lower elevation arresting mechanism includes at least one threaded component. Fig. 1 shows hydraulic cylinder 6 threadedly bolted to bearing support 2.
Regarding claim 16, Shen anticipates the method of claim 11 as explained above. Shen further discloses a higher elevation arresting mechanism (bearing support 2 bolted to hydraulic cylinder 6 in Fig. 1 are an arresting mechanism) that is configured to prevent an axial position of at least one of said thrust bearing assemblies from being moved in a direction towards a higher elevation and/or in a direction towards said rotary chipper disc (leftward movement of axial thrust bearing piston 8 toward disc 1 is prevented beyond where bearing sleeve 3 is capable of being moved within bearing support 2).
Regarding claim 17, Shen anticipates the method of claim 16 as explained above. Shen further discloses wherein said higher elevation arresting mechanism includes at least one threaded component. Fig. 1 shows hydraulic cylinder 6 of the arresting mechanism is threadedly bolted to bearing support 2.
Regarding claim 18, Shen anticipates the method of claim 16 as explained above. Shen further discloses wherein said higher elevation arresting mechanism includes one or more tension rods. The bolts shown in Fig. 1 bolting hydraulic cylinder 6 to bearing support 2 are placed in tension, as tension rods, when axial force is exerted against the left inner end of bearing support 2.
Regarding claim 20, Shen anticipates the method of claim 11 as explained above. Shen further discloses wherein said at least one thrust bearing assembly is attached to said axial displaceable shaft in such a manner so as to not permit axial movement of said axially displaceable shaft relative to said thrust bearing assembly of an amount that is permitted by axial clearances of said thrust bearing assembly. Thrust bearing piston 8 in Fig. 1 is attached to shaft spindle 5 in a manner which does not permit axial movement of spindle 5 relative to piston 8 of the amount permitted by the axial clearance between bearing sleeve 3 and bearing support 2.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Shen in view of U.S. Patent No. 5,727,611 to Kalliokoski, hereinafter “Kalliokoski”.
Regarding claim 5, Shen anticipates the apparatus of claim 3 as explained above. However, Shen does not disclose bearing support 2 bolted to hydraulic cylinder 6 in Fig. 1, as an arresting mechanism, includes one or more gravity opposing adjusting screws.
In the same field of chipping apparatus, Fig. 3 of Kalliokoski teaches a bearing adjustment system with adjusting screws 14 and 16 which may be used to adjust the position of bearing 11 locked to shaft 2. See col. 2, line 49-67.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute Kalliokoski’s adjusting screws 14 and 16 for the screws connecting hydraulic cylinder 6 to bearing support 2 as a lower elevation arresting mechanism which includes one or more gravity adjusting screws. A person of ordinary skill would have recognized applying the teaching of Kalliokoski to Shen’s chipping apparatus would have achieved the predictable result of providing Shen’s apparatus with a lower elevation arresting mechanism which has one or more gravity opposing adjusting screws.
Regarding claim 15, Shen anticipates the method of claim 13 as explained above. However, Shen does not disclose bearing support 2 bolted to hydraulic cylinder 6 in Fig. 1, as an arresting mechanism, includes one or more gravity opposing adjusting screws.
In the same field of chipping apparatus, Fig. 3 of Kalliokoski teaches a bearing adjustment system with adjusting screws 14 and 16 which may be used to adjust the position of bearing 11 locked to shaft 2. See col. 2, line 49-67.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute Kalliokoski’s adjusting screws 14 and 16 for the screws connecting hydraulic cylinder 6 to bearing support 2 as a lower elevation arresting mechanism which includes one or more gravity adjusting screws. A person of ordinary skill would have recognized applying the teaching of Kalliokoski to Shen’s chipping apparatus would have achieved the predictable result of providing Shen’s apparatus with a lower elevation arresting mechanism which has one or more gravity opposing adjusting screws.
Allowable Subject Matter
Claims 9 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to disclose or teach an arresting mechanism designed to sever at a tensile axial force threshold as claimed.
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 PAUL DEREK PRESSLEY whose telephone number is (313)446-6658. The examiner can normally be reached 7:30am to 3:30pm Eastern.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/P DEREK PRESSLEY/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
Prosecution Insights