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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 9-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dahl (US Patent 5,403,026). Regarding claim 1, Dahl discloses a protective frame (24) for a wheel (14) of an agricultural work vehicle (11), comprising a first base segment (32) configured to at least partially surround a front part of the wheel of the agricultural work vehicle (See Figure 2 where the first base segment surrounds the front of the wheel), and a primary fastener element (66) configured to secure the first base segment to the wheel (See Figure 3), wherein the primary fastener element is secured to a wheel suspension frame (See Figure 3 where the primary fastener element is connected to the bushing 30 of the strut 18).
Regarding claim 2, Dahl discloses wherein the primary fastener element (66) comprises an auxiliary fastener plate (62), the auxiliary fastener plate has a bent end which enables which enables the primary fastener element to be secured on an inclined surface (See Figure 3 where the vehicle’s suspension is inclined rearward).
Regarding claim 3, Dahl discloses a secondary fastener element (110) secured to the wheel suspension frame (See Figure 3), the secondary fastener element has a hole at one end to be fitted and welded to the first base segment (the secondary fastener element is connected to the first base segment through steering arm 36).
Regarding claim 9, Dahl discloses wherein the first base segment is a single piece, metallic, and segmented, in which the segments are delimited by curves or joined by welds (See Figure 2 where the first base segment is curved).
Regarding claim 10, Dahl discloses wherein removable fasteners are screws, staples or rivets.
Allowable Subject Matter
Claims 4-8 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James A Shriver II whose telephone number is (303)297-4337. The examiner can normally be reached M-F 7:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J. Allen Shriver II can be reached at (303) 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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J. ALLEN SHRIVER II
Supervisory Patent Examiner
Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613