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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 18-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 recites the limitation “the notch” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the following limitations:
"the first stop" in lines 18-19;
“the second ledge” in lines 21-22; and
“the first tab receiving slot” in line 22.
There is insufficient antecedent basis for these limitations in the claim.
Claim 20 is rejected by virtue of its dependency of a rejected base claim.
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.
(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.
Claims 11-15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bilal et al. (Pub. No.: 2017/0328035; hereinafter Bilal).
Regarding independent claim 11, Bilal discloses A wear member (100) comprising:
a body that defines a longitudinal axis, a vertical axis that is perpendicular to the longitudinal axis, and a lateral axis that is perpendicular to the vertical axis and the longitudinal axis, the body including:
a forward wear portion disposed along the longitudinal axis; and
a rear attachment portion (114) disposed along the longitudinal axis including an open end (112);
wherein the rear attachment portion (114) defines
an exterior surface (118);
an adapter nose receiving pocket extending longitudinally from the open end (See para. [0044] where it discloses the open end 112 is a “a tapered pocket area”);
a retaining mechanism receiving aperture (116 generally, See para. [0056]-[0057] where it discloses “connector pin openings 116 include a release opening 202 and a locking opening 204”) extending from the exterior surface (118) through the body to the adapter nose receiving pocket (as seen in Fig. 6); and
a first ledge (219) defining a first lateral undercut (See Figs. 7-8 for first ledge 219 that is cut away from the exterior surface 118, i.e., laterally from the exterior surface) in the retaining mechanism receiving aperture (204).
Regarding claim 12, Bilal discloses the wear member of claim 11, and also discloses wherein the retaining mechanism receiving aperture (204) defines an axis of rotation, a surface of revolution, and a circumferential direction (as seen in Fig. 8), and the first ledge (219) extends circumferentially from a first stop (222) to a first tab receiving slot (220) that is spaced circumferentially away (as seen in Fig. 8) the first stop (222), that is exposed to an exterior of the wear member (See Fig. 7 where the first ledge 219 is exposed to an exterior of the of the wear member), and which is defined by a second ledge (211) that is spaced axially inwardly from the first ledge (219) toward the adapter nose receiving pocket (See Fig. 7 where the second ledge 211 extends further axially inward the nose pocket 112 than the first ledge 219).
Regarding claim 13, Bilal discloses the wear member of claim 12, and also discloses a first ejector ramp (216) extending circumferentially away from the first tab receiving slot (220) to an exterior of the first ledge (219, See Figs 7-8 where 216 is depicted as extended circumferentially away from the first tab receiving slot 220 towards element 212 to an exterior of the exterior surface 118, i.e., an exterior of the first ledge 219).
Regarding claim 14, Bilal discloses a wear assembly comprising the wear member of claim 13, and further discloses a pin (106) including a first tab (134) that is disposed circumferentially adjacent the first stop (222) and laterally in the first lateral undercut (220, See first two sentences of para. [0063] where it discloses the first tab 134 is fully behind the first ledge 219, with a proximal facing surface 174 of the first tab 134 may be engaged or positioned to interface with the first tab receiving slot 220 and the first stop 222), and a second tab (128) that is spaced circumferentially away from the first tab (134) being disposed axially adjacent the second ledge (211) in the first tab receiving slot (220; See Fig. 9C where it is depicted that when the first tab 134 is in the first tab receiving slot 220, the second tab 128 is spaced circumferentially away from the first tab 134, where the second tab 128 is within element 212, i.e., axially adjacent the second ledge 211).
Regarding claim 15, Bilal discloses a wear assembly comprising the wear member of claim 13, and further discloses a pin (106) including a first tab (134) this is disposed circumferentially in the first tab receiving slot (220) axially adjacent the second ledge (211, See Fig. 9B and corresponding disclosure para. [0062] where it discloses the first tab 134 has proximal surface 174 that may slide against the first tab receiving slot 220, the first tab 134 being depicted in Fig. 9B as axially away from the second ledge 211), and a second tab (128) that is spaced circumferentially way from the first tab (134) contacting the first ejector ramp (216, See Fig. 9B and corresponding disclosure in para. [0062] the second tab 128 engages the ejector ramp 216 as depicted in Fig. 9B).
Regarding claim 17, Bilal discloses the wear assembly of claim 14, and also discloses wherein the pin (106) includes a cylindrical surface (as seen in Fig. 2) from which the first tab (134) and the second tab (128) radially extend.
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.
Claims 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bilal in view of Voelz (Pub. No.: 2018/0073220).
Regarding claim 16, Bilal discloses the wear assembly of claim 14, but fails to disclose wherein the pin defines a notch spaced axially away from the first tab and the second tab toward the adapter nose receiving pocket. Voelz discloses a wear assembly (135) for coupling a tooth point (130) to an adapter (125) comprising a pin (140, See para. [0025] for general disclosure of these elements). More specifically, Voelz teaches wherein the pin (140) defines a notch (165, notch 165 depicted in Figs. 6-7) axially spaced away from the proximal head region (145) toward the adapter receiving pocket (170). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the pin of Bilal to include the notch of Voelz, in order to “inhibit axial movement of the pin 140 back out of the adapter (125)” thereby decreasing downtime of the tool during operation.
Regarding claim 18, Bilal discloses the wear assembly of claim 14, but fails to disclose wherein the pin includes a conical surface that defines a notch. Voelz discloses a wear assembly (135) for coupling a tooth point (130) to an adapter (125) comprising a pin (140, See para. [0025] for general disclosure of these elements). More specifically, Voelz teaches wherein the pin (140) includes a conical surface (See Fig. 6 where the conical surface is disposed around the distal end region 150, also See para. [0026] where it discloses the distal end region tapers, thereby creating a conical surface) that defines (at least partially) the notch (165, further See 112b rejection above for the notch). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the pin of Bilal to include the notch of Voelz, in order to “inhibit axial movement of the pin 140 back out of the adapter (125)” thereby decreasing downtime of the tool during operation.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bilal in view of Emrich (Pub. No.: 2004/0237354).
Regarding independent claim 19, Bilal discloses a wear member assembly (100) comprising:
a body that defines a longitudinal axis, a vertical axis that is perpendicular to the longitudinal axis, and a lateral axis that is perpendicular to the vertical axis and the longitudinal axis, the body including:
a forward wear portion disposed along the longitudinal axis; and
a rear attachment portion (114) disposed along the longitudinal axis including an open end (112);
wherein the rear attachment portion (114) defines
an exterior surface (118);
an adapter nose receiving pocket extending longitudinally from the open end (See para. [0044] where it discloses the open end 112 is a “a tapered pocket area”);
a retaining mechanism receiving aperture (116 generally, See para. [0056]-[0057] where it discloses “connector pin openings 116 include a release opening 202 and a locking opening 204”) extending from the exterior surface (118) through the body to the adapter nose receiving pocket (as seen in Fig. 6); and
a first ledge (219) defining a first lateral undercut (See Figs. 7-8 for first ledge 219 that is cut away from the exterior surface 118, i.e., laterally from the exterior surface) in the retaining mechanism receiving aperture (204).
receiving aperture (1402);
a pin (106) including a first tab (134) that is disposed circumferentially adjacent the first stop (222) and laterally in the first lateral undercut (220, See first two sentences of para. [0063] where it discloses the first tab 134 is fully behind the first ledge 219, with a proximal facing surface 174 of the first tab 134 may be engaged or positioned to interface with the first tab receiving slot 220 and the first stop 222), and a second tab (128) that is spaced circumferentially away from the first tab (134) being disposed axially adjacent the second ledge (211) in the first tab receiving slot (220; See Fig. 9C where it is depicted that when the first tab 134 is in the first tab receiving slot 220, the second tab 128 is spaced circumferentially away from the first tab 134, where the second tab 128 is within element 212, i.e., axially adjacent the second ledge 211).
However, Bilal fails to disclose wherein the wear assembly comprises a retaining block configured to be received in the adapter, the retaining block including a central pin receiving aperture.
Emrich discloses a similar wear assembly comprising a pin (62) with a tab (104, See Fig. 11 for depiction of pin 62). More specifically, Emrich discloses the wear assembly also comprises a retaining block (66) configured to be received in an adapter of the wear part (as seen in Fig. 5 via recess 56) including a central pin receiving aperture (68, See Fig. 11).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the wear assembly of Bilal, to include the retaining block of Emrich, with a reasonable expectation of success, in order to provide an additional retaining means to the pin thereby further preventing removal of the pin during extreme operations.
Regarding claim 20, the above combination discloses the wear member assembly of claim 19. Emrich, of the combination also discloses wherein the retaining block (66) is polygonal (See para. [0053] where it discloses 66 is a “D-shaped configuration”, i.e., polygonal).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references disclose similar wear assemblies that are considered reasonably pertinent: Guimaraes (Pat. No.: 10, 385,548); Vengunta (Pat. No.: 10,030,368); Wallis (Pat. No.: 9,476,184); Lopez Alemdros (Pat. No.: 7,707,755); Ruvang (Pat. No.: 6,826,855); Pippins (Pat. No.: 6,757,995); Ruvang (Pat. No.: 5,718,070).
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/A.L.L./Examiner, Art Unit 3671
/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671