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 18251001 filed on 11/13/2023.
Claim 20 is allowable
Claims 1 - 20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/16/2023 02/07/2024 and 11/17/2025 was fully considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1– 14, 17, 17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20100257759 – Ko et al . hereinafter as KO in view of US Patent 5016365 – Robinson et al. hereinafter as ROBINSON
Regarding claim 1
KO discloses:
(Original) A ground-engaging apparatus that is mountable at a distal end of an articulated arm of a ground-excavating machine( fig. 14 - para. 0004 - Excavator bucket), wherein the ground-engaging apparatus includes a plurality of teeth arranged in a row for engaging onto ground to be excavated( para. 0004 – teeth ); and
wherein the teeth are retained onto
KO discloses of teeth retained on the ground engaging apparatus, KO doesn’t explicitly disclose of a carrier, however KO does disclose of teeth that are mounted to the front bottom portion of the bucket.
ROBINSON discloses of a system of wear assemblies from an excavator :
wherein the teeth are retained onto a carrier of the ground-engaging apparatus( figure 1 and and col 3 line 60 – col 4 line 23 – where in the plate lip 10 reads on the carrier of the ground engaging apparatus )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the bucket teeth locking pins as disclosed by KO to include wherein the teeth are retained onto a carrier of the ground engaging apparatus as disclosed by ROBINSON. This would allow KO to have a wear assembly that can protect the edges of the bucket and extend useful working life of bucket for easier replacement and repair ( ROBINSON - col 1 – line 43 – 63)
Regarding claim 2
KO / ROBINSON disclose claim 1
ROBINSON disclose the carrier combination as disclosed above.KO discloses:
(Original) A ground-engaging apparatus of claim 1, wherein elongate axes of the locking pins are substantially orthogonal to corresponding elongate axes of the teeth, and the elongate axes of the locking pins are substantially orthogonal to a principal plane
ROBINSON discloses the carrier combination:
a principal plane of the carrier of the ground-engaging apparatus.( fig. 1 – plate 10 - reads on carrier of the ground engaging apparatus)
Regarding Claim 3
KO / ROBINSON disclose claim 1
KO discloses
(Currently Amended) A ground-engaging apparatus of claim 1, wherein the locking pins are spring-loaded so that they are ejected when the threshold amount of wear occurs at an underside of the teeth. ( fig. 5 - para. 0055 – where in the spring can pop out, if the material wears till element 52, the spring will pop)
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Regarding Claim 4
KO / ROBINSON disclose claim 1
ROBINSON discloses the carrier combination above in claim 1
(Currently Amended) A ground-engaging apparatus of claim 1, wherein the plurality of teeth are mounted via corresponding adapters onto the carrier. ( fig. 1 bucket lip reads on carrier of the ground engaging apparatus, fig. 5 – adapters 29)
Regarding Claim 5
KO / ROBINSON disclose claim 4
ROBINSON discloses the adapter / carrier combination in claim 4 above
wherein the adapters are slide mountable into corresponding retaining slots of the carrier, such that the adapters can also be slidably demounted from the carrier. (fig. 5 where in the adapters 29 are slidably mountable to the retaining slots on the carrier and figure 2 – adapter 29 and fig. 1 – carrier 10, adapter 29 slides into adapter receiving portions 19 and center portions 21)
Regarding Claim 6
KO / ROBINSON disclose claim 5
ROBINSON discloses the adapter / carrier combination in claim 5 above
(Original) A ground-engaging apparatus of claim 5, wherein the retaining slots are arranged in a tapered configuration such that retention of the adapters is progressively enhanced as the adapters are slid into their respective slots of the carrier.(fig. 4 and fig. 5 show increasing more enhanced taper for 57)
Regarding Claim 7
KO / ROBINSON disclose claim 6
ROBINSON discloses the adapter / carrier combination in claim 6 above
(Original) A ground-engaging apparatus of claim 6, wherein the retaining slots are configured as a set of converging rails that are converging in a direction from frontward to rearward of the adapters. ( fig. 6 where in the retaining slots include converging rails as disclosed 61)
Regarding Claim 8
KO / ROBINSON disclose claim 4
KO discloses the adapter and teeth of an excavator bucket, ROBINSON discloses the adapter and carrier of the teeth and adapters as disclosed. ROBINSON additionally discloses:
(Currently Amended) A ground-engaging apparatus of claim 4, further comprises a shroud protection member having extended tabs along both long edges of the shroud protection member, such that the extended tabs mate with channels disposed in side walls of the adjacent adapters when the shroud protection member is pushed rearwards into the channels. ( where in the shroud is disclosed in fig. 1 – shroud 25)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the bucket teeth adapters as disclosed by KO to include a shroud protection member having extended tabs along both long edges of the shroud protection member, such that the extended tabs mate with channels disposed in side walls of the adjacent adapters when the shroud protection member is pushed rearwards into the channels as taught by ROBINSON. This would allow KO to improve the protection of the bucket through protector shrouds ( ROBINSON - col 5 line 27 -30 and col 1 line 53 – 57 to extend the useful life of the bucket through enhanced protections)
Regarding Claim 9
KO / ROBINSON disclose claim 8
ROBINSON discloses the SHROUD and CARRIER combination in claim 8
(Original) A ground-engaging apparatus of claim 8, wherein the shroud protection member is frustrum shaped with a rearward extending portion having a smaller cross sectional width that expands laterally toward a forward facing edge when slotted into the channels disposed in the side walls of the adapters. ( fig. 1 - shroud protector – 25 and fig. 11, and 12 frustrum shaped)
Regarding Claim 10
KO / ROBINSON disclose claim 7
KO discloses the adapter and teeth of an excavator bucket, ROBINSON discloses the adapter and carrier of the teeth and adapters as disclosed. ROBINSON additionally discloses:
(Original) A ground-engaging apparatus of claim 7, further comprises a front protection member having recessed pocket rails disposed underside the front protection member, such that the front protection member can be secured against the corresponding set of converging rails on the adapter prior to the adapter being installed onto the carrier. ( fig. 1 - front protector – 27 and fig. 10 – rail)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the bucket teeth adapters as disclosed by KO to include a front protection member having recessed pocket rails disposed underside the front protection member, such that the front protection member can be secured against the corresponding set of converging rails on the adapter prior to the adapter being installed onto the carrier as taught by ROBINSON. This would allow KO to improve the protection of the bucket through protector shrouds ( ROBINSON - col 5 line 27 -30 and col 1 line 53 – 57 to extend the useful life of the bucket through enhanced protections)
Regarding Claim 11
KO / ROBINSON disclose claim 1KO discloses the adapter and teeth of an excavator bucket, ROBINSON discloses the carrier that includes the adapter and teeth as disclosed. ROBINSON additionally discloses:
(Currently Amended) A ground-engaging apparatus of claim1,wherein the ground-engaging apparatus further includes side members that are mountable substantially at elongate ends of the carrier to provide lateral wear protection to the distal end of the articulated arm of the ground-excavating machine. (Fig. 3 – vertical shroud are the side members at the ends of the bucket lip)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the bucket teeth adapters as disclosed by KO to include wherein the ground-engaging apparatus further includes side members that are mountable substantially at elongate ends of the carrier to provide lateral wear protection to the distal end of the articulated arm of the ground-excavating machine by ROBINSON. This would allow KO to improve the protection of the bucket through protection shrouds ( ROBINSON - col 5 line 27 -30 and col 1 line 53 – 57 to extend the useful life of the bucket through enhanced protections, )
Regarding Claim 12
KO / ROBINSON disclose claim 11
ROBINSON discloses the CARRIER combination in claim 11 above
(Original) A ground-engaging apparatus of claim 11, wherein the side members have 1800 rotational symmetry, and are designed to be mountable in at least two angular orientations mutually 1800 apart in respect of the ground-engaging apparatus.
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(Fig. 3 –symmetry of the vertical shrouds)
Regarding Claim 13
KO / ROBINSON disclose claim 11
ROBINSON discloses the CARRIER combination in claim 11 above
(Currently Amended) A ground-engaging apparatus of claim 11 wherein the side members are configured to abut onto the carrier, such that the carrier prevents rotation of the side members when the ground-engaging apparatus is in use for excavating ground. ( col 6 line 28 – 41 – where in the restraint between forwards and rearward movement would prevent rotation of the vertical shrouds - wherein The engagement between the extremity 111 and the protruberance 113 restrains the shroud 39 against forward movement Rearward movement of the shroud 39 is restrained by contact between an inner surface 115 of the shroud and a forward surface 117 of the corner adapter 31)
Regarding Claim 14
KO / ROBINSON disclose claim 11
ROBINSON discloses the CARRIER combination above
(Currently Amended) A ground-engaging apparatus of claim 11 wherein the side members are configured to be connected to the ends of the ground-engaging apparatus by a fastening means disposed within a recessed pocket formed in outer walls of the side members. ( where in the recess pocket is 121 – aligned apertures)
Regarding Claim 16
KO / ROBINSON disclose claim 1
KO discloses:
(Currently Amended) A ground-engaging apparatus of claim 1,wherein at least one of the teeth has a substantially frustum-shaped wall defining a cavity therein, wherein the cavity has a smaller cross-section frontward within the at least one of the teeth, and a larger cross-section rearward within the at least one of the teeth. ( fig. 3 – where in there is a frustrum shaped wall cavity)
Regarding Claim 17
KO / ROBINSON disclose claim 1
KO discloses:
(Currently Amended) A tooth for a ground-engaging apparatus of claim 1,wherein the tooth is elongate and has a cutting edge at a first end of the tooth, and a recessed tapered cavity at a second end of the tooth, wherein the tooth is provided with an aperture on a lower ground-contacting wall of the cavity, wherein the aperture is configured to restrain a locking pin to maintain the tooth in a mounted state until a threshold amount of wear has occurred to the lower ground-contacting wall of the cavity. ( see figure 2 – recessed taper cavity, and aperture for locking pin that will spring out if wear continues past certain threshold. and see claim 1 and para. 10)
Regarding Claim 19
KO / ROBINSON disclose claim 1
KO discloses the adapter and teeth of an excavator bucket, discloses:
wherein the adapter at its first end is configured to engage into a cavity of a tooth and be retained therein by a locking pin that is automatically ejected after the tooth has undergo
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ne a threshold amount of wear ( fig 2 and fig. 5 – shows where the wear would cause the pin to spring out- element 52 )
ROBINSON discloses :
(Currently Amended) An adapter for a ground-engaging apparatus of claim 1,wherein the adapter at its first end
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It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the bucket teeth adapters as disclosed by KO to include the adapter at its first end and the adapter at its second end is configured to slidably engage into a tapered slot of a carrier of the ground engaging apparatus as taught by ROBINSON. This would allow KO to have a wear assembly that can protect the edges of the bucket and extend useful working life of bucket for easier replacement and repair ( ROBINSON - col 5 line 27 -30 and col 1 line 53 – 57 )
Claim(s) 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20100257759 – Ko et al . hereinafter as KO in view of US Patent 5016365 – Robinson et al. hereinafter as ROBINSON in view of US PG Pub 20180044894 – Tuto et al. hereinafter as TUTO
Regarding Claim 15
KO / ROBINSON disclose claim 1
ROBINSON discloses the CARRIER combination KO / ROBINSON doesn’t explicitly disclose:
wherein at least one of the locking pins includes a plurality of cylinders of mutually different diameters that are co-axially arranged with increasing diameters therein, with a cylinder having a largest diameter of the plurality of cylinders forming a second portion of the at least one locking pin.
TUTO discloses of a locking device operating on a excavator wear part, TUTO discloses:
wherein at least one of the locking pins includes a plurality of cylinders of mutually different diameters that are co-axially arranged with increasing diameters therein, with a cylinder having a largest diameter of the plurality of cylinders forming a second portion of the at least one locking pin. ( fig. 4, 5 and 6a para. 0044 – where in the various diameter is for the ability for anti rotation where in the locking pin has various different diameters)
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it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for KO locking pin within a wear assembly to include wherein at least one of the locking pins includes a plurality of cylinders of mutually different diameters that are co-axially arranged with increasing diameters therein, with a cylinder having a largest diameter of the plurality of cylinders forming a second portion of the at least one locking pin as taught by TUTO. This would allow for KO to have some form of anti rotational means to avoid rotation with varying diameter. ( TUTO - para. 0044)
Regarding Claim 18
KO / ROBINSON disclose claim 1
ROBINSON discloses the CARRIER combination KO / ROBINSON doesn’t explicitly disclose:
wherein the aperture is formed such that it has a frustum shaped first section and a cylindrical shaped second section.
TUTO discloses of a locking device operating on a excavator wear part,TUTO discloses:
wherein the aperture is formed such that it has a frustum shaped first section and a cylindrical shaped second section. ( fig, 4 and 5 – round 21 and cylindrical fig. 4 cylinder near the spring shape)
it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for KO locking pin within a wear assembly to include wherein the aperture is formed such that it has a frustum shaped first section and a cylindrical shaped second section as taught by TUTO. This would allow for KO to have some form of anti-rotational means to avoid rotation with varying diameter. ( TUTO - para. 0044)
Allowable Subject Matter
Claim 20 is allowable
While wear members are known (KO / ROBINSON / TUTO) such references do not disclose the specifics regarding the detail of the cylindrical shape second section and frustum shaped first section of the first end of the adapter. Such a modification would require too significant of a redesign and would constitute an improper degree of hindsight reasoning.
Conclusion
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/A.H.T/Examiner, Art Unit 3671
/TARA SCHIMPF/ Supervisory Patent Examiner, Art Unit 3676