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 Arguments
Applicant's arguments filed 11/6/2025 have been fully considered but they are not persuasive.
It appears Applicant is reading limitations from the specification into the claims; although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims.
In this case, neither the “front side” nor “back side” are defined in the claims. As such, Examiner interprets the claim language under the Broadest Reasonable Interpretation (BRI) standard and has defined the “front side” to be the side of the bucket in front of the “back edge” of the torque tube. Further, “integrated” is a broad term and is interpreted as being “in an assembled state”. Under these interpretations, all actuators and pin connections are considered to be integrated onto a front side of the ground engaging tool as claimed.
In addition, Applicant’s newly amended limitations introduce indefiniteness issues into the independent claims as noted within this Office Action. There are no “pin connections” specifically claimed in the thumb assembly or ground engaging tool and, therefore, it is unclear to Examiner how these pin connections are integrated onto the front side of the bucket.
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.
Claims 1-19 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 1 recites the limitation “all actuators and pin connections” in line 9. While there are actuators claimed, there are no “pin connections” claimed. As such, there is insufficient antecedent basis for this limitation in the claim. Claims 2-5 are rejected due to their dependency on claim 1.
Claim 6 recites the limitation “all actuators and pin connections” in line 9. While there are actuators claimed, there are no “pin connections” claimed. As such, there is insufficient antecedent basis for this limitation in the claim. Claims 7-10 are rejected due to their dependency on claim 6.
Claim 11 recites the limitation “all actuators and pin connections” in line 8. While there are actuators claimed, there are no “pin connections” claimed. As such, there is insufficient antecedent basis for this limitation in the claim. Claims 12-19 are rejected due to their dependency on claim 11.
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) 1-9, 11, 13-15, 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wolin et al. (US 6453586).
Regarding claim 1, Wolin discloses an apparatus, comprising:
a top assembly comprising a top member with a front edge and a back edge, wherein the top assembly is attached to a ground engaging tool (see Annotated Figure 1);
a thumb assembly attached to the top member, the thumb assembly comprising:
a mount extending from the front edge of the top member (mount 74),
at least one arm attached to the mount (73); and
at least one actuator attached to the mount and the at least one arm, wherein the actuator is configured to move the at least one arm with respect to the ground engaging tool (actuator 85 moves arm relative to the tool),
wherein all actuators and pin connections of the thumb assembly are integrated onto a front side of the ground engaging tool (claim language is broad; the “front side” is considered to be front of the “back edge” in the Annotated Figure 1; in this case, all actuators and pins of the thumb assembly are located in front of the back edge; pin connections 78, 75, 89, 90, 88).
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Annotated Figure 1
Regarding claim 2, Wolin discloses the apparatus wherein the thumb assembly comprises a first arm and a second arm, wherein the first arm and the second arm extend along a direction normal to the longitudinal axis of the top member, and wherein the first arm is substantially parallel to the second arm (first and second arms 73 are considered to extend along a direction normal to the longitudinal axis of the top member and are substantially parallel to each other).
Regarding claim 3, Wolin discloses the apparatus wherein a first end of the first arm and a first end of the second arm are attached to the mount, and a second end of the first arm and a second end of the second arm are attached to a distal edge of a frame of the thumb assembly (first ends of the arms 73 are connected to the mount 74 and the seconds ends of the arms 73 are connected to a frame through elements 81 and 82 in the same way as Applicant’s invention).
Regarding claim 4, Wolin discloses the apparatus wherein a first actuator is attached to a first flange of the mount and extends substantially parallel to the first arm, and a second actuator is attached to a second flange of the mount and extends substantially parallel to the second arm (first and second actuators 85 are attached to the mounts 74 and are substantially parallel to the arms 73 of the frame; col 4, lines 63-67; Fig 6).
Regarding claim 5, Wolin discloses the apparatus wherein the first actuator and the second actuator are independently chosen from electrical, mechanical, hydraulic, pneumatic, piezoelectric, and combinations thereof (“hydraulic actuators”; col 5, lines 49-51; Examiner understands the other types of actuators listed to be obvious modifications of actuators in excavator buckets).
Regarding claim 6, Wolin discloses a thumb apparatus, comprising:
a mount comprising an arrangement of flanges configured for attachment to a first surface of a torque tube of a ground engaging tool, wherein the first surface of the torque tube is opposed to a second surface to which power is applied to the torque tube (see Annotated Figure 1; the top assembly is considered to form a torque tube to transfer loads across the entire bucket; mount with flanges 74 is connected to the torque tube);
a frame attached to the flanges, wherein the frame comprises a distal edge configured to engage with a ground-contacting base portion of the tool (frame 73 is connected to the flanges 74; Fig 4B depicts the distal end of frame engaging the tool), and
at least one actuator attached to the flanges and the frame, wherein the actuator is configured to move the frame with respect to the base portion of the tool (actuator 85 is attached to the flanges and the frame and moves the frame relative to the tool),
wherein all actuators and pin connections of the thumb assembly are integrated onto a front side of the ground engaging tool (claim language is broad; the “front side” is considered to be front of the “back edge” in the Annotated Figure 1; in this case, all actuators and pins of the thumb assembly are located in front of the back edge; pin connections 78, 75, 89, 90, 88).
Regarding claim 7, Wolin discloses the apparatus wherein the frame comprises a first arm and a second arm, and wherein the first arm is substantially parallel to the second arm (first and second arms 73 are substantially parallel to each other).
Regarding claim 8, Wolin discloses the apparatus wherein the at least one actuator comprises a hydraulic cylinder (“hydraulic actuators”; col 5, lines 49-51).
Regarding claim 9, Wolin discloses the apparatus wherein the tool comprises a bucket (bucket 61).
Regarding claim 11, Wolin discloses a kit, comprising:
a thumb apparatus configured for attachment to a torque tube of a ground engaging tool, wherein the torque tube comprises a front edge and a back edge (see Annotated Figure 1; the top assembly is considered to form a torque tube to transfer loads across the entire bucket; thumb apparatus 62 attaches to the torque tube), the thumb apparatus comprising:
a mount comprising a plurality of flanges configured for attachment to the front edge of the torque tube (mount with flanges 74 is connected to the torque tube),
a frame comprising at least one arm configured for attachment to the flanges (frame with arm 73), and
at least one actuator configured for attachment to the mount and the frame (actuator 85 attaches to mount 74 and frame 73),
wherein all actuators and pin connections of the thumb assembly are integrated onto a front side of the ground engaging tool (claim language is broad; the “front side” is considered to be front of the “back edge” in the Annotated Figure 1; in this case, all actuators and pins of the thumb assembly are located in front of the back edge; pin connections 78, 75, 89, 90, 88).
Regarding claim 13, Wolin discloses the kit wherein the torque tube comprises an interface member attached thereto, wherein the interface member extends from the front edge of the torque tube to the back edge of the torque tube (interface member 63 extends from the front edge to the rear edge of the torque tube).
Regarding claim 14, Wolin discloses the kit wherein the plurality of flanges comprises two pairs of substantially parallel flanges configured for mounting on the torque tube, wherein the flanges are configured to be mounted outboard of the interface member (Fig 5 depicts two pairs of flanges 74 mounted outboard of the interface member 63.
Regarding claim 15, Wolin discloses the kit wherein the frame comprises two substantially parallel arms (substantially parallel arms 73).
Regarding claim 18, Wolin discloses the kit wherein the actuator comprises at least one hydraulic cylinder (“hydraulic actuators” 85; col 5, lines 49-51).
Regarding claim 19, Wolin discloses the kit of wherein the actuator comprises two hydraulic cylinders, and wherein each of the hydraulic cylinders is attached to an arm (“hydraulic actuators”; col 5, lines 49-51; each actuator 85 is attached to an arm 73).
Claim Rejections - 35 USC § 103
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) 10, 12, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wolin as applied to claims 6, 11, and 15 above.
Regarding claim 10, Wolin discloses another embodiment of the apparatus wherein the tool comprises a rake similar to Applicant’s invention (Wolin; Fig 1).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the bucket tool of Wolin to be a rake. One would have made this modification as a design choice as Wolin states all different types of tools that could be used (col 1, lines 11-25). Examiner understands this to mean that the invention of Wolin could be used on any of these tools such as the tool in Fig 1 of Wolin.
Regarding claim 12, Wolin is silent on the kit further comprising fittings configured for attachment of the at least one actuator and a corresponding fitting on a member to which the ground engaging tool is to be attached.
However, Wolin does disclose the hydraulic lines for the actuators being connected to the accessory control circuit of the machine (col 4, lines 2-6). Examiner understands this to mean there would have to be some kind of hydraulic fitting on a member of the machine to connect the hydraulic fluid lines of the actuators.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have included hydraulic fittings on the machine and a corresponding fitting on the actuator. One would have made this modification to connect the actuators to the accessory control circuit of the machine (col 4, lines 2-6; Figs 7-8).
Regarding claim 16, Wolin discloses the kit wherein a crossmember is between the parallel arms (crossmember 83 between the parallel arms 73).
Wolin is silent on this crossmember comprising a housing and fittings within the housing. However, Wolin does further teach housings 40 on the thumb assembly (col 4, lines 47-51) and the actuators being within the housing and secured by pin on flange 52 (col 4, lines 2-4; col 4, lines 63-67; in this case, a pin is considered to be a fitting).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have included a housing on the thumb assembly for the hydraulic actuators. This housing would be considered part of the crossmember as in Fig 2; it is reasonable to consider the housing as part of the crossmember. With the actuators within the housing, the hydraulic fittings would have to be within the housing as well. One would have made this modification to better protect the actuators and hydraulic fittings (col 4, lines 2-6).
Regarding claim 17, Wolin further teaches the kit wherein the housing comprises a removable cover (claim 13 of Wolin; “removable top plate” 43).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified any of the housings on the invention of Wolin to include a removable top cover. One would have made this modification to better protect the actuators and hydraulic fittings therein (col 4, lines 2-6).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAKE SCOVILLE whose telephone number is (571)270-7654. The examiner can normally be reached M-F 10:30-6 (ET).
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 Sebesta can be reached at (571) 272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BLAKE E SCOVILLE/ Examiner, Art Unit 3671
/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672