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) 1-6, 9, 11, 13, 15 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hyun et al. (KR20150001127).
Regarding claims 1, 13, 15 and 20, Hyun discloses an assembly and method for an earth moving machine comprising:
A first member (42) and a second member (41) coupled with the first member (42)
The first member (42) being a wear element for digging implements and the second member (41) being digging implements or a lip for digging implements
The first member (42) comprising a first cavity adapted to receive at least one sensor
A channel adapted to receive at least one electric wire (52) (figure 2)
at least one electric wire (52), one or more electric wires of the at least one electric wire being introduced in both the channel and the first cavity and being attached to the second member
wherein the wear element is one of an adapter, a cast nose, a weld on nose or a shroud
Regarding claim 2, the channel extends from the first cavity.
Regarding claim 3, a portion of the channel is a through hole (extends from bucket (41) through adapter (42) to tooth point (60)).
Regarding claim 4, at least one end of the channel is on a first surface of the first member (42) opposite a second surface adapted to receive or engage with the second member (41).
Regarding claim 5, the second member (41) is the lip wherein the assembly further comprises a third member (60), the third member being the digging implements and wherein the at least one electric wire is further attached to at least one surface of the third member (figure 2).
Regarding claim 6, at least a portion of the channel of the first5 member further extends through a cavity between one or more first surfaces of the first member and one or more second surfaces of the second member (Figure 2).
Regarding claim 9, Hyun discloses at least one sensor (temperature sensor) being introduced in the first cavity.
Regarding claims 11, 19 and 21, the first member/wear element (42) is an adapter.
Claim(s) 1-4, 6, 9, 13, 15 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harmon (2020/0308810).
Regarding claims 1, 13, 15 and 20, Harmon discloses an assembly and method for an earth moving machine comprising:
A first member (104) and a second member (102) coupled with the first member (104)
The first member (104) being a wear element for digging implements and the second member (102) being digging implements or a lip for digging implements
The first member (104) comprising a first cavity (at end of wire in wear threshold 144) adapted to receive at least one sensor (400) (Figure 8)
A channel (408) adapted to receive at least one electric wire (402)
at least one electric wire (402), one or more electric wires of the at least one electric wire being introduced in both the channel and the first cavity and being attached to the second member (at 408) (pgphs 0061-0062)
wherein the wear element is one of an adapter, a cast nose, a weld on nose or a shroud
Regarding claim 2, the wire extends through a channel in the first cavity (Figure 8).
Regarding claim 3, the channel comprises a through hole formed in the first member (Figure 8 – wire extends through a channel that extends from an interior surface of the first member to an exterior surface (at 144) (which forms a through hole when the tooth point is sufficiently worn to the wear threshold 144).
Regarding claim 4, at least one end of the channel is on a first surface (when tooth is worn to wear threshold 144) of the first member opposite a second surface adapted to receive or engage with the second member (Figure 8).
Regarding claim 6, at least a portion of the channel of the first member extends through a cavity between one or more first surfaces of the first member and one or more second surfaces of the second member (Figure 8).
Regarding claim 9, the at least one sensor (400) is introduced in the first cavity.
Claim Rejections - 35 USC § 103
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) 10 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harmon (2020/0308810) in view of Barscevicius et al. (2006/0243839).
Regarding claims 10 and 18, Harmon discloses the invention as described above but fails to disclose that the sensor can be a strain sensor. Like Harmon, Barscevicius also discloses a sensor for measuring wear in a working element. Unlike Harmon, Barscevicius discloses that multiple different types of sensors can be used to measure wear, one of which is a strain gauge (pgph 0022), by measuring the deformation of the wearing part. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a strain sensor in Harmon as taught by Barscevicius as a simple substitution of one known element for another to obtain predictable results (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)).
Allowable Subject Matter
Claims 7-8, 14, 16-17 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
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Cavity)][AltContent: textbox (channel)]Applicant's arguments filed 8/6/26 have been fully considered but they are not persuasive. Applicant argues that Hyun fails to disclose the channel and cavity for receiving the sensor and electric wire. The examiner disagrees. Hyun discloses both a cavity and a channel that “receives” the wire and the sensor. As can be seen in annotated Figure 4 below, the cavity and the channel both receive the wire (63) and the sensor (disclosed as being located within the wire) as it is threaded therethrough. Applicant further argues that if anything, the sensor is mounted in the tooth plate (61) and not in the first member (42). This argument is more specific that the current claims. The claims require that the cavity and the channel “receives” the wire and the sensor; not that is mounted somewhere thereto. The wire and sensor is threaded through the channel and cavity and is therefore received therein. Further structure is required to define the cavity and or how the sensor/wire is mounted thereto to read over the Hyun reference.
Regarding the Harmon reference, applicant argues that Harmon fails to disclose that the wear element is an adapter, a cast nose, a weld on nose or a shroud. There is insufficient structure claimed to prevent the tillage point of Harmon from reading on “a shroud”. A shroud is defined as “a protective covering for a piece of equipment.” The first element (104) covers the tillage point (102) and protects/shields it and can be therefore read on the term “shroud”. Applicant further points to Figure 6 of Harmon in an attempt to argue that the claimed elements are not present. This embodiment was not used in the rejection of the claims. The rejection clearly pointed to Figure 8 to disclose the claimed structure. As such the arguments against the embodiment of Figure 6 are not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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