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 Non-Final action is in reply to the application 18041786 filed on 01/30/2023.
Claims 1 – 12 are allowable
Claims 1 - 12 are currently pending and have been examined.
Claim Objections
Claims 2 and 3 are objected to because of the following informalities: The claim element ““the lip” should recite “the joined lip”. Appropriate correction is requested.
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 – 12 are 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 line 3 which states “set of spare parts” and it is unclear which parts are part of the set of spare parts. It is unclear whether the parts from the set of spare parts also a part of the “includes” limitation from the paragraph above or from the “second model”. Appropriate correction is requested.
Claim 1 recites in line 4 which states “ wherein includes” is unclear as to what “includes” is referring to. For example, such that the bucket would include or the first model includes or the handles or if it something entirely different that includes. Appropriate correction is requested.
Claim 1 recites both “an upper part (27)” and “the top (27)” and it is unclear whether the applicant is referring to “an upper part” and “ the top” as two different elements or if “(27) is the part and the naming convention is inconsistent. Appropriate correction is requested.
Claim 1 line 7 recites “forming the volume of the bucket” and it is unclear regarding “an upper part (27) attached to lower part (22), forming the volume of the bucket (3)” whether these are the referring to the spare parts as well as the bucket parts and whether these parts are a part of the modified bucket or a different bucket. Appropriate correction is requested.
Claim 1 line 13 recites “regulating elements (pitch brace) (13)”and it is unclear whether the pitch element is required or just any broad regulating equipment. Appropriate correction is requested.
Claim 1 line 12 recite of “bushings and connection pins (15)” and “ line 13 recites “their pushing and connection pins(16)”. It is unclear regarding the bushing and connector pins whether these are referring to the same element, additionally, on line 13 “their bushing and connection pins (16)” is not a proper positive recitation of a claim element and therefore it is unclear whether the bushings and connector pins is intended as the first recitation or a dependency from previous bushing and connector pins. The examiner states that in line 15 recites “that are connected with their hubs and connection pins” with the same issue of an improper positive recitation of a claim element. Appropriate correction is requested.
Claim 1 line 20 – 22 recites of “ connection means for join”, it is unclear if any of the previously recited claim elements are a part of this connections means for join. Also noted, the claim element reciting “the modifying bucket(3)” also have reference to (3) but labeled as “modified bucket (3)” and “bucket (3)”. Appropriate correction is requested.
Claim 2 recites “wherein the lip attached to the lower part (22) is a lip(23) of the second model of cable excavator shovels(2), which comprises a plurality of noses in its outer edge that has installed a plurality of soil tools (GET)(25) of said second model of cable excavator shovel(2) “ however it is unclear whether the shovel comprises the nose or the lip. In addition, it is unclear which element is referred to in the following claim element recitation “has installed a plurality of soil tools”. Appropriate correction is requested.
Claim 3 recites “wherein the lip attached to the lower part (22) is a lip(23) of the second model of cable excavator shovels(2), which comprises a plurality of noses that it has installed a plurality of soil tools (GET) of said first model of cable excavator shovel” however it is unclear whether the shovel comprises the nose or the lip. Additionally if “a joined lip” from claim 1 is a component of the second model of excavator shovel, how is this not the component of the first model of excavator shovel. Appropriate correction is requested.
Claim 6 recites “the door brake” however it appears that the applicant may intend to say “ the door stop” unless “the door stop” is a new feature, appropriate correction is requested.
Claim 7 recites “the door brake” however it appears that the applicant may intend to say “ the door stop” unless “the door stop” is a new feature, appropriate correction is requested.
Claim 8 recites “ an upper part ” (36), however in claim 1 “an upper part” (27) has already been recited. It is unclear whether these are supposed to be two different upper parts or the same upper part. Additionally, the claims states of connection means however the scope of the connection is unclear. Appropriate correction is requested.
Claim 8 recites of “modified bucket (3) according to claim 1 wherein comprises” is indefinite because it is not clear what part or element is being referred too. It doesn’t state what further comprises i.e. bucket, spare parts etc. appropriate correction is requested.
Claim 11 recites the limitation “a system of padlocks (padlock)” however it is unclear whether the system requires a single padlock or a plurality of padlocks. Appropriate correction is requested.
Claim 12 recites the limitation “a handle system (bail)” which is confusing because it unclear what the scope of bail is, and additionally, a handle system is not clear because a handle has already been mentioned and thus a handle system does provide clarity to bail. Appropriate correction is requested.
Claim 10 recites the limitation "the bucket(11)" in “ wherein the lower part of the modified bucket (3) corresponds to the lower part of the bucket (11) of the first model of cable excavator shovel (1).” However there is no antecedent basis for “bucket (11)”. Additionally, claim 1 discloses of a “modified bucket(3)” but not “bucket (11)”. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is requested
The examiner states that dependent claims dependent on the independent claims one are further rejected herewithin.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 4 is improperly dependent on claims 1 – 3 . Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1 – 12 are allowable
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 2 - 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
KUNZ discloses of a replacement part dipper lip that can be supplied for replacement or as a retro fit. Known for replacing worn components on a dipper instead of a whole new dipper to reduce down time and add cost for new dipper components.
TUPPEN discloses a method for taking worn parts, refurbishing them with retro fit parts and welding the replacement parts back on to existing parts.
However KUNZ / TUPPEN do not explicitly disclose of entirety of the concept of CLAIM 1 including :
a set of spare parts and/or pieces of a second model of cable excavator shovel (2) comprising a lower part (22) with a joined lip; an upper part (27) attached to the lower part (22), forming the volume of the bucket (3); a door (24) attached to the rear of the top (27) by bushings and pins (29), and a door stop (28) on the top (27) to cushion the closing of the door (24) ;connection components of a first model of cable excavator shovel (1) to connect the bucket (3) to the handle (12) of said first model of cable excavator shovel (1), comprising bushings and connection pins (15) of the handle (12); regulating elements (pitch brace ) (13) with their bushings and connection pins (16) that regulate the connection with the handle (12); and inclination cable connection elements that are connected with their hubs and connection pins (17) to generate the inclination movement of the bucket (3) by means of cables; wherein the upper part (27) has a replaced portion, by means of a cut that generates a contour (34), to place an adaptation kit (33), which is welded on said contour (34), which includes connection means for join the modifying bucket (3) to the handle (12) of the first model of cable excavator shovel (1) in which the connection components are connected. Such a modification would require too significant of a redesign and 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.
EP2284361 – Tuppen – developments in or relating to drum rotors – discloses a method for taking worn parts, refurbishing them with retro fit parts and welding the replacement parts back on to existing parts.
US PG Pubs 20220412042 – Kunz – Dipper lip – discloses of a replacement part dipper lip that can be supplied for replacement or as a retro fit. Known for replacing worn components on a dipper instead of a whole new dipper to reduce down time and add cost for new dipper components.
US PG Pub 20170073935 – Friend – control system for a rotating machine – discloses cabling system for a dipper bucket that includes padlock and bail.
US PG Pub 20170306585 – Zamorano Jones – pivot system with adjustable height to actuate a door latch for an excavator – discloses excavator latch mechanism
US PG Pub 20170350092 – Bozich – snubber for a dipper door – discloses a of a hydraulic mechanism for softening the closing of a dipper door
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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/A.H.T/Examiner, Art Unit 3671
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676