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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 28-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shepherd (7,661,210).
Regarding claim 28, Shepherd discloses a reconfigurable material moving attachment for a vehicle comprising:
A blade having a blade working face
A coupling mechanism for reversibly mounting the blade to a vehicle, the coupling mechanism including:
A first coupling portion (88) fixed to the blade (24)
A second coupling portion (22,26) mountable to the vehicle (30), the second coupling portion releasably interconnectable with the first coupling portion in a forward pushing configuration (Figure 4), in which the blade working face is directed away from the vehicle for pushing the material forward, and a back dragging configuration, in which the blade working face is directed toward the vehicle for back dragging the material (Figure 1) (column 2 lines 17-29; 40-41)
Regarding claim 29, the coupling mechanism further includes a locking mechanism (pivot driver 44) for axially locking the first and second coupling portions relative to each other when interconnected in the forward pushing configuration and in the back dragging configuration.
Regarding claim 30, Shepherd discloses the locking mechanism (100) includes a locking member (104) moveably coupled to one of the first and second coupling portions (88) and when the first and second coupling portions are interconnected in either the pushing configuration and the back dragging configuration, the locking member (104) is movable relative to an abutment structure (44) fixed to the other one of the first and second coupling portions (22,26) between a locked position (motor not moving drum) for interlocking engagement with the abutment structure to axially lock the first and second coupling portions relative to each other and an unlocked position (motor moving drum) clear of the abutment structure.
Allowable Subject Matter
Claims 1, 5-8, 10-11, 13-14, 21-27 are allowed.
Claim 31 is 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 28-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris 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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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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