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 .
Status of Claims:
Claims 5, 16, 20 and 21 are pending.
Clams 1-4, 6-15, 17-19 and 22 have been cancelled.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 5, 16, 20 and 21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US-20130049453-A1 to Pattyn (“Pattyn”).
Regarding Claim 5, Pattyn (Fig 3-7) discloses a chisel nut (10 “stud support”) for use in improving traction of a ground engaging drive element (2 “Flexible track”) of a vehicle (1 “snowmobile”), the chisel nut comprising:
a body (12 “base”, 14 “first boss” ,16 “second boss”, Para 31, Fig 3) having a first end (42 “bottom end”) structured to engage the ground engaging drive element and a second end (41 “distal end”) disposed opposite the first end;
a chisel face (two chisel faces: 28 ”first peak” with downward tapering 24 “side flange; 34 ”second peak” with downward tapering 230 “side flange”) defined in (Fig 3) a side of the body spaced a distance (Annotated Fig 3 “AF3”) from the first end and extending to an edge (AF3) at the second end of the body, the chisel face sized and configured to extend outward from the ground engaging drive element beyond lug members of the ground engaging drive element; and
a hole (two of 18 “boss aperture” Fig 3, 4, 5)) defined in the body about a longitudinal axis (vertical centerline of 18) and extending from an opening (18 Figs 3, 5, 7) at the first end of the body toward the second end of the body, the hole having a threaded portion (Para 31 lines 11-12) structured to threadingly engage with (Para 38, lines 4-5) a threaded portion of a cooperatively sized fastener (3 “stud”, Fig 2) positioned in the hole;
an indexing structure, when defined by the body at or about the first end of the body, the indexing structure structured to prevent rotation of the body about the longitudinal axis when the chisel nut is coupled to the ground engaging drive element by the fastener (two apertures 18 with studs 3 threadedly mounted therein, act as an indexing structure preventing 10 stud support from rotating upon 2 track, Para 38, Fig 2), wherein:
the body comprises a flared base portion (lower end of 12 body Fig 3) extending radially outward (has a wide rectangular 42 bottom end then tapers upwardly, Fig 3) from the first end of the body, the flared base portion having an engagement surface (42, 44 Fig 3, 7 ) structured to engage the ground engaging drive element when the chisel nut is coupled to the ground engaging drive element by the fastener (when 3 studs are installed in backside of track, and threadedly connected to 10 stud support, the base thereof engages the track. Para 38, Fig 2) ,
the indexing structure comprises a number of features (two of 18 apertures) extending into or from the engagement surface.
wherein the number of features comprises a plurality of through holes (two of 18 apertures) extending through the flared base portion.
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Regarding Claim 16, Pattyn discloses
a chisel nut (10 “stud support”) for use in improving traction of a ground engaging drive element (2 “Flexible track”) of a vehicle (1 “snowmobile”), the chisel nut comprising:
a body (12 “base”, 14 “first boss” ,16 “second boss”, Para 31, Fig 3) having a first end (42 “bottom end”) structured to engage the ground engaging drive element and a second end (41 “distal end”) disposed opposite the first end;
a chisel face (two chisel faces: 28 ”first peak” with downward tapering 24 “side flange; 34 ”second peak” with downward tapering 230 “side flange”) defined in (Fig 3) a side of the body spaced a distance (Annotated Fig 3 “AF3”) from the first end and extending to an edge (AF3) at the second end of the body, the chisel face sized and configured to extend outward from the ground engaging drive element beyond lug members of the ground engaging drive element; and
a through hole (two of 18 “boss aperture” Fig 3, 4, 5) defined in the body about a longitudinal axis (vertical centerline of 18) and extending from a first opening (upper end of 18 Figs 3, 5, 7) at the first end of the body to a second opening (lower end of 18 Figs 3, 5, 7) defined in or near the second end (41 “distal end”) of the body, the through hole having a threaded portion (Para 38, lines 4-5, Fig 2) structured to threadingly engage with (Para 38, lines 4-5) a threaded portion (Para 31 lines 11-12, Para 38, Fig 2) of a cooperatively sized fastener fastener (3 “stud”, Fig 2) positioned in (Fig 2) the hole;
an indexing structure, when defined by the body at or about the first end of the body, the indexing structure structured to prevent rotation of the body about the longitudinal axis when the chisel nut is coupled to the ground engaging drive element by the fastener (two apertures 18 with studs 3 threadedly mounted therein, act as an indexing structure preventing 10 stud support from rotating upon 2 track, Para 38, Fig 2), wherein:
the body comprises a flared base portion (lower end of 12 body Fig 3) extending radially outward (has a wide rectangular 42 bottom end then tapers upwardly, Fig 3) from the first end of the body, the flared base portion having an engagement surface (42, 44 Fig 3, 7 ) structured to engage the ground engaging drive element when the chisel nut is coupled to the ground engaging drive element by the fastener (when 3 studs are installed in backside of track, and threadedly connected to 10 stud support, the base thereof engages the track. Para 38, Fig 2) ,
the indexing structure comprises a number of features (two 18 apertures) extending into or from the engagement surface.
wherein the number of features comprises a plurality of through holes (two 18 apertures) extending through the flared base portion.
Regarding Claim 20, Pattyn discloses a traction improving arrangement (including 10 “stud support” and 3 “stud”, Para 31, Fig 2) for coupling to a ground engaging drive element (2 “Flexible track”) of a vehicle (1 “snowmobile”), the arrangement comprising:
a fastener (3 “stud”, Fig 2) having a threaded portion (Para 31, lines 11-12, Fig 2); and
a chisel nut (10 “stud support”, Fig 3) comprising:
a body (12 “base”, 14 “first boss” ,16 “second boss”, Para 31, Fig 3) having a first end (42 “bottom end”) structured to engage the ground engaging drive element and a second end (41 “distal end”) disposed opposite the first end;
a chisel face (two chisel faces: 28 ”first peak” with downward tapering 24 “side flange; 34 ”second peak” with downward tapering 230 “side flange”) defined in (Fig 3) a side of the body spaced a distance (Annotated Fig 3 “AF3”) from the first end (upper end of 18 Figs 3, 5, 7) and extending to an edge (AF3) at the second end (lower end of 18 Figs 3, 5, 7) of the body, the chisel face sized and configured to extend outward from the ground engaging drive element beyond lug members of the ground engaging drive element;
a hole (two of 18 “boss aperture” Fig 3, 4, 5) defined in the body about a longitudinal axis (vertical centerline of 18) and extending from an opening (upper end of 18 Figs 3, 5, 7) at the first end of the body toward the second end of the body, the hole having a threaded portion (Para 38, lines 4-5, Fig 2) structured to threadingly engage (Para 31, lines 11-12,Para 38, lines 4-6) with the threaded portion (Para 38, lines 4-6, Fig 2) of the fastener (3 “stud”, Fig 2); and
an indexing structure, defined by the body at or about the first end of the body, the indexing structure structured to prevent rotation of the body about the longitudinal axis when the chisel nut is coupled to the ground engaging drive element by the fastener (two apertures 18 with studs 3 threadedly mounted therein, act as an indexing structure preventing 10 stud support from rotating upon 2 track, Para 38, Fig 2), wherein:
the body comprises a flared base portion (lower end of 12 body Fig 3) extending radially outward (has a wide rectangular 42 bottom end then tapers upwardly, Fig 3) from the first end of the body, the flared base portion having an engagement surface (42, 44 Fig 3, 7 ) structured to engage the ground engaging drive element when the chisel nut is coupled to the ground engaging drive element by the fastener (when 3 studs are installed in backside of track, and threadedly connected to 10 stud support, the base thereof engages the track. Para 38, Fig 2) ,
the indexing structure comprises a number of features (two 18 apertures) extending into or from the engagement surface.
wherein the number of features comprises a plurality of through holes (two 18 apertures) extending through the flared base portion.
Regarding Claim 21, Pattyn discloses a traction improving arrangement (including 10 “stud support” and 3 “stud”, Para 31, Fig 2) for coupling to a ground engaging drive element (2 “Flexible track”) of a vehicle (1 “snowmobile”), the arrangement comprising:
a fastener (3 “stud”, Fig 2) having a threaded portion (Para 31, lines 11-12, Fig 2); and
a chisel nut (10 “stud support”, Fig 3) comprising:
a body (12 “base”, 14 “first boss” ,16 “second boss”, Para 31, Fig 3) having a first end (42 “bottom end”) structured to engage the ground engaging drive element and a second end (41 “distal end”) disposed opposite the first end;
a chisel face (two chisel faces: 28 ”first peak” with downward tapering 24 “side flange; 34 ”second peak” with downward tapering 230 “side flange”) defined in (Fig 3) a side of the body spaced a distance (Annotated Fig 3 “AF3”) from the first end (upper end of 18 Figs 3, 5, 7) and extending to an edge (AF3) at the second end (lower end of 18 Figs 3, 5, 7) of the body, the chisel face sized and configured to extend outward from the ground engaging drive element beyond lug members of the ground engaging drive element; and
a through hole (two of 18 “boss aperture” Fig 3, 4, 5) defined in the body about a longitudinal axis (vertical centerline of 18) and extending from a first opening (upper end of 18 Figs 3, 5, 7) at the first end of the body to a second opening (lower end of 18 Figs 3, 5, 7) defined in or near the second end (41 “distal end”) of the body, the through hole having a threaded portion (Para 38, lines 4-5, Fig 2) structured to threadingly engage with (Para 38, lines 4-5) a threaded portion (Para 31 lines 11-12, Fig 2) of the fastener to couple the chisel nut to the ground engaging drive element (Para 31, lines 11-12, Para 38, Fig 2),
wherein the fastener is sized and configured to protrude from (Fig 2, AF5) the second opening of the body of the chisel nut a distance beyond (AF5 ) the edge of the chisel face when (Fig2) the chisel nut is coupled to the ground engaging drive element with the fastener,
wherein the chisel nut further comprises an indexing structure, defined by the body at or about the first end of the body, the indexing structure structured to prevent rotation of the body about the longitudinal axis when the chisel nut is coupled to the ground engaging drive element by the fastener (two apertures 18 with studs 3 threadedly mounted therein, act as an indexing structure preventing 10 stud support from rotating upon 2 track, Para 38, Fig 2),
wherein: the body comprises a flared base portion (lower end of 12 body Fig 3) extending radially outward (has a wide rectangular 42 bottom end then tapers upwardly, Fig 3) from the first end of the body, the flared base portion having an engagement surface (42, 44 Fig 3, 7 ) structured to engage the ground engaging drive element when the chisel nut is coupled to the ground engaging drive element by the fastener (when 3 studs are installed in backside of track, and threadedly connected to 10 stud support, the base thereof engages the track. Para 38, Fig 2) ,
wherein the number of features comprises a plurality of through holes (two 18 apertures) extending through the flared base portion
Response to Argument
Applicant’s arguments, see Remarks , filed 10/28/2025, with rejections of claims 5 and 16 under 35 USC §112 (b) have been fully considered and are persuasive. The rejections of claims 5 and 16 under 35 USC §112 (b) have been withdrawn.
Applicant’s arguments with respect to objections to claim 1, and rejections under 35 USC § 103 or § 102 have been considered but are moot in light of claim amendments or cancelations. New rejections are contained herein for the remaining amended claims.
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 EVA LYNN COMINO whose telephone number is (571)270-5839. The examiner can normally be reached M-F 8:00-5:30.
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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615