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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "within said receiving space" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 8 is now dependent on claim 1 so claim 4 (which introduces a receiving space) is no longer in the dependency tree.
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 1-4 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Choi KR 20200124476 A in view of Kim KR 20110033437 A.
Regarding claim 1, Choi teaches a continuous track with end connector removal system comprising: each continuous track comprising a plurality of track pads 10a,10b being removably coupled to each other and being positioned successively along each continuous track; a plurality of end connectors 50a,50b removably securing said track pads 10a,10b together; and a track extractor assembly 100 being configured for pushing a pair of end connectors 50a,50b away from said track pads, 10a,10b wherein said track extractor assembly 100 simultaneously removes said pair of end connectors 50a,50b from said track pads 10a,10b. (Figs. 3-6)
Choi does not teach said track extractor assembly including a breaker bar having a nut and being configured for engaging with a ratcheting wrench, wherein said ratcheting wrench rotates said breaker bar when said ratcheting wrench rotates, said breaker bar including a first end and a second end, said first end having a right- handed exterior threading, said second end having a left-handed exterior threading; and a pair of extraction members being removably secured to said breaker bar such that both of said extraction members are positioned to one side of said nut, said extraction members being positionable removably engaging with said pair of end connectors.
Kim teaches a bar 3 having a nut 33 and being configured for engaging with a ratcheting wrench, wherein said ratcheting wrench rotates said bar 3 when said ratcheting wrench rotates (no ratcheting wrench is shown but one could obviously be used on the hex head/nut), said bar 3 including a first end and a second end, said first end having a right- handed exterior threading 31, said second end having a left-handed exterior threading 32; and a pair of members 1,2 being removably secured to said bar 3 such that both of said members 1,2 are positioned to one side of said nut 33, said members being positionable removably engaging with said pair of end connectors.
Spreader bolts (“breaker bars”) are commonly used in the automotive realm to apply tension and pressure, either in contraction or extension. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the bar taught by Kim as a simpler, lighter weight alternative to the hydraulic assembly taught by Choi with a reasonable expectation of success. The mobility and weight savings provided by the breaker bar assembly over the hydraulic assembly would be especially beneficial in a military environment.
Neither Choi nor Kim teaches a battle tank having a frame; a pair of continuous tracks being rotatably attached to said frame however, battle tanks with frames and a pair of continuous tracks are well known in the art. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the claimed track with end connector removal system on a battle tank with a reasonable expectation of success. Official notice is hereby given.
Regarding claim 2, Choi and Kim teach the continuous track with end connector removal system of claim 1. Choi further teaches wherein each track pad 10a,10b has a pair of side edges, said side edges of said track pads being positioned in alignment with each other, a pair of connecting pins 30 being positioned on each one of said side edges of each track pad. (Fig. 3)
Regarding claim 3, Choi and Kim teach the continuous track with end connector removal system of claim 2. Choi further teaches wherein each end connector 50a,50b has a top side, a bottom side, and a pair of lateral sides, a pair of apertures being positioned on and extending through said lateral sides, said apertures of each end connector removably receiving one of said connecting pins 30 of each track pad 10a,10b and securing each track pad 10a,10b to a neighboring track pad 10a,10b. (Fig. 3)
Regarding claim 4, Choi and Kim teach the continuous track with end connector removal system of claim 3. Choi further teaches wherein said top side of each end connector 50a,50b has a pocket 51a,51b extending through and defines a receiving space. (Fig. 2)
Regarding claim 8, Choi and Kim teach the continuous track with end connector removal system of claim 7. Kim further teaches wherein each extraction member 1,2 comprises a base 13 and a protrusion 11 being attached to and extending from said base, said base 13 having a hole 12 extending through said base 13 and defining a breaker bar receiving space, said breaker bar receiving space having an interior threading, said base 13 of each extraction member 1,2 is threadably engaged to said first and second ends of said breaker bar 3, wherein each extraction member 1,2 is moved away from each other when said breaker bar 3 rotates. (Fig. 1) It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a base with a threaded hole on the extraction member to thread them onto the bar and a protrusion removably inserted within the receiving space of each end connector so the breaker bar can engage the end connectors with a reasonable expectation of success.
Regarding claim 9, Choi teaches a continuous track with end connector removal system comprising: each continuous track comprising a plurality of track pads 10a,10b being removably coupled to each other and being positioned successively along each continuous track; each track pad 10a,10b having a pair of side edges, said side edges of each track pad being positioned flush to each other, a pair of connecting pins 30 being positioned on each one of said side edges of each track pad, (Fig. 3) a plurality of end connectors 50a,50b removably securing said track pads 10a,10b together; each end connector 50a,50b has a top side, a bottom side, and a pair of lateral sides, a pair of apertures being positioned on and extending through said lateral sides, said apertures of each end connector removably receiving one of said connecting pins 30 of each track pad 10a,10b and securing each track pad 10a,10b to a neighboring track pad 10a,10b, (Fig. 3) said top side of each end connector 50a,50b has a pocket 51a,51b extending through and defines a receiving space, (Fig. 2) a track extractor assembly 100 being configured for pushing a pair of end connectors 50a,50b away from said track pads, 10a,10b wherein said track extractor assembly 100 simultaneously removes said pair of end connectors 50a,50b from said track pads 10a,10b. (Figs. 3-6)
Choi does not teach a battle tank having a frame; a pair of continuous tracks being rotatably attached to said frame however, battle tanks with frames and a pair of continuous tracks are well known in the art. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the claimed track with end connector removal system on a battle tank with a reasonable expectation of success. Official notice is hereby given.
Choi also does not teach, but Kim teaches, said track extractor assembly includes a bar 3 having a nut 33 and is configured for engaging with a ratcheting wrench, wherein said ratcheting wrench rotates said bar 3 when said ratcheting wrench rotates, wherein said breaker bar 3 includes a first end and a second end, said first end having a right-handed exterior threading 31, said second end having a left-handed exterior threading 32 a pair of extraction members 1,2 being removably secured to said bar 3 such that both of said extraction members 1,2 are positioned to one side of said nut 33, the extraction members 1,2 being positionable removably engaging with said pair of end connectors, each extraction member 1,2 comprises a base 13 and a protrusion 11 being attached to and extending from said base, said protrusion 11 being removably inserted within said receiving space of each end connector, said base 13 having a hole 12 extending through said base 13 and defining a breaker bar receiving space, said breaker bar receiving space having an interior threading, said base 13 of each extraction member 1,2 is threadably engaged to said first and second ends of said breaker bar 3, wherein each extraction member 1,2 is moved away from each other when said breaker bar 3 rotates. (Figs. 1 and 2)
Spreader bolts (“breaker bars”) are commonly used in the automotive realm to apply tension and pressure, either in contraction or extension. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the bar taught by Kim as a simpler, lighter weight alternative to the hydraulic assembly taught by Choi with a reasonable expectation of success. The mobility and weight savings provided by the breaker bar assembly over the hydraulic assembly would be especially beneficial in a military environment.
Response to Arguments
Applicant's arguments filed 15 July, 2025 have been fully considered but they are not persuasive.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
In response to applicant's argument that “the positioning of the nut relative to the extraction members positions the ratchet mechanism laterally relative to the track… which is not disclosed, taught, suggested, or contemplated in the collective teaching of the cited references which place the mechanism in the center or overlapping the track for use”, a recitation of the intended use (or physical orientation) of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Furthermore, when the bar taught by Kim is used to separate the end connectors as an alternative to the hydraulic system taught by Choi, it would be oriented the exact same direction and function in an identical manner to the claimed invention of the instant application.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/AP/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615