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 Final action is in reply to the application 18264834 amendment filed on 03/31/2026
Claim 1, 5, 6, 8, 9, 10, 11, 14 and 15 are amended
Claims 16 – 19 are new
Claims 1 - 19 are currently pending and have been examined.
Response to arguments
Response to 103
The examiner does not find the applicants arguments for independent claim 1 persuasive.
The examiner states that the applicants argument regarding “ … the claimed invention orients the magnet in a perpendicular direction to maximize the detection of the wear element but to minimize detection of residual magnetic fields from the magnetization of surrounding materials.” The examiner doesn’t find this argument persuasive because minimizing the residual magnetic field is not a requirement of the independent claim 1. The need to minimize detection of the residual magnetic field is not a part of the claims that requires the prior art to disclose this particular element.
The examiner states that HYDE discloses fig. 10 is the magnet orientation 35 is perpendicular to the secondary surface which is the line
The examiner suggests that the applicant provide more details to claim 1 that represents the applicants arguments with respect to minimizing the detection of the residual magnetic field.
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Examiner states that amendments to independent claims 9 and 10 are allowable based upon allowable subject matter. Dependent claims 11 and 12 are dependent on independent claims 9 and 10 respectively.
With respect to claims 5 and 6, The applicant argues that the combination is improper because there is no reason for such a combination, however the examiner states that Doing so merely constitutes the substitution of one known magnet type for another to produce the predictable result of an effective strong magnet (MPEP 2143, subsection I, B). Additionally the examiner states that a finding that one of ordinary skill in the art could have substituted one known element for another, and the results of the substitution would have been predictable was true with regards to the substitution of a known magnet type. With respect to claim 6, HYDE would be motivated to utilize this magnetic detector to be encapsulated in epoxy resin as a design choice. ( para. 0061 – wherein the body filler can be one of either resin, polymer, or polyurethane)
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 – 4, 7 – 8 , 13 – 15, and 19 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20200378091 – Hyde et al. in view of US PG Pub 20160237657 – Carpenter et al. hereinafter as CARPENTER
Regarding Claim 1
HYDE discloses:
A wear assembly (fig. 3 – 7 wear assembly ) of an earth-moving machine comprising: -
a wear element ; (fig. 5 – wear element 15)
a support ; ( fig. 5 – support clamp 11)
wherein said wear element (fig. 5 – wear element 15) configured to be coupled to said support ( fig. 5 – support clamp 11) such that an interface is defined between said support and said wear element , with a first interface surface (within wear element 15, the inner polygon surface that mimics surface 17) and a second interface surface ( on support clamp 11, surface 17 ), opposite one another;
wherein said second interface surface has:
a channel extending from said second interface surface to a first depth inside the corresponding wear element or support ; and- ( fig. 10 and 51 and 35 that are within a channel - – wherein the magnetic detector hits between wear member and base for communications and where in device is placed in 55 wherein the hole is the interpreted to be the channel)
HYDE Discloses :
a magnetic portion (fig. 9 and 10 – 51’ magnetic portion) configured to generate a magnetic field, said magnetic portion being provided at one of said wear element and said support (fig. 9 and 10 - magnetic portion 51’ and 35’), such that one of the magnetic poles of said magnetic field is perpendicular to said second interface surface ( where in figure 9 and para. 0069 – 51’ and 35’ the poles are perpendicular to second interface surface 23);
a magnetic detector , (fig. 9 and fig. 10 – para . 0069 - 51’ and 35’ which would me a magnetic sensor pair) provided at the other end of said wear element and said support , such that the magnetic detector has a maximum of detection in a direction perpendicular to said second interface surface ;( para. 0069 – wherein the magnetic detector hits between wear member and base for communications and where in device is placed in 51 .)
For HYDE these would be a design choice such a modification merely constitutes the use of a known value for interfacing of magnetic poles of said magnetic field is perpendicular to said second interface surface (Paragraphs 0053 – measuring a change in electrical potential due to an introduce magnetic field)
HYDE discloses of a wear member and wear member elements but does not explicitly disclose of a shape such as a step recess, CARPENTER also discloses of wear member and wear member elements that have a particular stepped shape recess, CARPENTER discloses:
a step-shaped recess adjoining said channel and extending from said second interface surface to a second depth, said second depth being less than said first depth; ( fig. 16, 17 and 18 where in the opening channel has a trench shape 162 and an elongated opening between cavity 162 and 160)
said magnetic detector being provided in said step-shaped recess . ( para. 0116 – magnetic wave receiver, and step shaped recess, fig 16, 17 and 18 wherein the elongated opening between cavity 162 and 160)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for HYDE’s magnetic detector to include the ability to put the detector device into a recess wherein the recess is a step-shaped recess adjoining said channel and extending from said second interface surface to a second depth, said second depth being less than said first depth;
said magnetic detector being provided in said step-shaped recess as taught by CARPENTER. Doing so merely constitutes the substitution of one known recess for a detector device for another to produce the predictable result of providing a recess to secure a monitoring device(MPEP 2143, subsection I, B).
Regarding Claim 2
HYDE / CARPENTER discloses claim 1:
HYDE discloses of wear member and wear member supports, however HYDE does discloses:
2. The wear assembly according to claim 1, wherein said channel has a trench shape opening into said interface at an elongated opening. ( fig. 10 and 51 and 35 that are within a channel - – wherein the hole is the interpreted to be the channel)
Regarding Claim 3
HYDE / CARPENTER discloses claim 1:
HYDE discloses of wear member and wear member supports and wherein the magnetic detector is encapsulated in epoxy resin. (fig. 8 - para. 0020) HYDE would be motivated to utilize this magnetic detector to be encapsulated in epoxy resin as a design choice. ( para. 0061 – wherein the body filler can be one of either resin, polymer, or polyyeurathane)
CARPENTER disclose the step shaped recess as disclosed in claim 1
3. The wear assembly according to claim 1, wherein said second interface surface (St), said channel , and said step-shaped recess are formed in the corresponding support or wear element , said magnetic detector encapsulated in a non-ferromagnetic material. ( fig. 18 wherein the channel is a step shaped recess , para. Where in this is encapsulated in epoxy resin – para. 0075)
Regarding Claim 4
HYDE / CARPENTER discloses claim 1:
HYDE discloses of wear member and wear member supports and wherein the magnetic detector is encapsulated in epoxy resin. (fig. 8 - para. 0020) HYDE would be motivated to utilize this magnetic detector to be encapsulated in epoxy resin as a design choice. ( para. 0061 – wherein the body filler can be one of either resin, polymer, or polyurethane)
CARPENTER discloses the step shaped recess combination as disclosed in claim 1
4. The wear assembly according to claim 1, wherein said magnetic detector is provided inside a protective capsule , such that said second interface surface , said channel , and said step-shaped recess are formed in said capsule . ( fig. 18 wherein the channel is a step shaped recess , para. Where in the this is encapsulated in epoxy resin – para. 0075)
Regarding Claim 7
HYDE / CARPENTER discloses claim 5:
7. The wear assembly according to claim 5, wherein said magnet is provided in a magnet holder comprising a casing which houses (para. 0059 – houses 29)said magnet, said casing being configured to be inserted in a housing in the corresponding support or wear element . (fig. 8 para. 0020 – where in proximity device and magnet is encapsulated and is affixed in resin material. And para. 0059 – wherein the housing is protect the monitoring device)
Regarding Claim 8
HYDE discloses:
8. The wear assembly according to claim 7, wherein said wear element and said support each have pin openings , such that when said wear element is coupled to said support , said pin openings create a pin hole configured to receive a pin (fig. 6 pin 150) for fixing said wear element to said support ; wherein said wear assembly further comprises a U-shaped fixing bracket (fig. 6 where in there is u shaped bracket for the pin) for fixing said pin in said wear assembly , with an arc-shaped end and two separate arms extending in a central segment and ending at an open end ;said casing being configured to secure said bracket in said arc-shaped end , and said open end being configured to engage with retaining means provided in the corresponding wear element or support ; wherein said housing and said retaining means are located on opposite sides of one of said pin openings . ( fig. 6 wherein the casing to configure bracket has an arc shaped end formed from 124 and 125, pin 150 is the retaining pin)
Regarding Claim 13
HYDE discloses:
13.The wear assembly according to claim 7,wherein said casing is manufactured from a heat-resistant plastic. ( para. 0061 where in elastomers thermoplastics thermosets and other nonconductive materials)
Regarding Claim 14
HYDE discloses claim 7:
HYDE discloses of wear assemblies wherein the casing is made from multiple materials, HYDE discloses:
14. The wear assembly according to claim 7,wherein said casing is manufactured from metal and preferably has a strip of elastic material. (para. 0061 , 0062 - poly urethane and multi material construction, wherein the casing material of metal is made from a known material such that the casings that include construction of different types of plastic would also include the ability for the casing to be made of a known material such as metal.)
Regarding Claim 15
HYDE discloses:
15.Earth-moving machine comprising at least one wear assembly according to claim 1 as detailed above (fig. 15)
Regarding Claim 19
HYDE / CARPENTER discloses claim 14
HYDE discloses:
Wherein said elastic material is polyurethane . (para. 0061 , 0062 - poly urethane and multi material construction, wherein the casing material of metal is made from a known material such that the casings that include construction of different types of plastic would also include the ability for the casing to be made of a known material such as metal.)
Claim(s) 5, 6, 16 – 18 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20200378091 – Hyde et al. in view of US PG Pub 20160237657 – Carpenter et al. hereinafter as CARPENTER in view of US PG Pub 20220220710 – Underwood et al. hereinafter as UNDERWOOD
Regarding Claim 5
HYDE / CARPENTER discloses claim 1:
5. The wear assembly according to Claim 1, wherein said magnetic portion comprises a magnet, ( para. 0053 – magnet )
Regarding Claim 6
HYDE / CARPENTER / UNDERWOOD discloses claim 5:
HYDE discloses of wear member and wear member supports and wherein the magnetic detector is encapsulated in epoxy resin. (fig. 8 - para. 0020) HYDE would be motivated to utilize this magnetic detector to be encapsulated in epoxy resin as a design choice. ( para. 0061 – wherein the body filler can be one of either resin, polymer, or polyurethane)
CARPENTER discloses the step shaped recess combination as disclosed in claim 5
6. The wear assembly according to claim 5, wherein said magnet is inserted in a recess in the corresponding wear element or support and encapsulated in a non-ferromagnetic material, ( fig. 18 wherein the channel is a step shaped recess , para. Where in the this is encapsulated in epoxy resin – para. 0075)
Regarding Claim 16
HYDE / CARPENTER discloses claim 3:
CARPENTER disclose the step shaped recess as disclosed in claim 3
wherein non-ferromagnetic material is an epoxy resin.. ( fig. 18 wherein the channel is a step shaped recess , para. Where in this is encapsulated in epoxy resin – para. 0075)
Regarding Claim 17
HYDE / CARPENTER discloses claim 5
HYDE does not discloses:
a neodymium magnet.
UNDERWOOD discloses a wear member attachment mechanism which uses magnetic elements wherein the magnets used may be neodymium magnet. ( para. 0172 – rare earth magnet neodymium)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for HYDE’s wear assembly to includes a magnet and such that the magnet was a neodymium magnet as disclosed in UNDERWOOD. Doing so merely constitutes the substitution of one known magnet type for another to produce the predictable result of an effective strong magnet (MPEP 2143, subsection I, B).
Regarding Claim 18
HYDE / CARPENTER / UNDERWOOD discloses claim 6:
CARPENTER discloses the step shaped recess combination as disclosed in claim 6
wherein a non-ferromagnetic material, is an epoxy resin. ( fig. 18 wherein the channel is a step shaped recess , para. Where in the this is encapsulated in epoxy resin – para. 0075)
Allowable subject matter
Claims 9 - 12 is allowable.
HYDE discloses of a wear assembly with a magnetic detection. While wear assemblies are with magnetic detection is known, HYDE / CARPENTER, such references do not disclose the specific details for the bracket, casing depressions as well as retaining protrusions as needed in the claims. Such modification would require too significant modifications and would constitute an improper degree of hindsight reasoning.
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 ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached on 5712720547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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