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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "206" and "220" have both been used to designate the same element in Figures 2 and 7.
Reference characters "208" and "222" have both been used to designate the same element in Figures 2 and 7.
Reference characters "1820" and "1806’ " have both been used to designate the same element in Figures 18-19.
Reference characters "2508" and "2522" have both been used to designate the same element in Figures 25-27.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 3660.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 3080 and 3560.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (10,787,211).
Per claim 14, Kim shows a track shoe (P) having a base plate 20 and a polymer pad 10 coupled therewith. The pad 10 is elongated from a first side to an opposite second side along a lateral direction. The pad 10 extends from a first linear edge to an opposite second linear edge along a movement direction. The first side extending from the first linear edge to the second linear edge. One or more middle chamfered surfaces (See shaded region in annotated Figure 3 below) is disposed on one or more of the first or second sides. The middle chamfered surfaces extend along the first and second sides a chamfer length that is 90% or less of a length between the first and second linear edges (see annotated Figure 3 below).
Per claim 15, each of the middle chamfered surface is disposed midway between the first and second linear edges along the first or second sides.
Per claim 16, the middle chamfered surface spans no more than 90% of the first or second sides.
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Claim(s) 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watanabe et al (2003/0102715).
Per claims 14 and 17, Watanabe et al shows a track shoe having a base plate 30B including first and second elongated linear edges perpendicular to a first axis that extends along a movement direction thereof. First and second sides extend from the first elongated linear edge to the second elongated linear edge perpendicularly to the first axis. The pad 22 includes one or more middle chamfered surfaces disposed at one or more of the first and second sides (see annotated Figure 18 below). The middle chamfered surfaces extending along the first and second side a chamfer length that is 90% or less of the length between the first and second linear edges along the first and second sides.
Per claims 15 and 18, each of the middle chamfered surface is disposed midway between the first and second linear edges along the first or second sides.
Per claims 16 and 19, the middle chamfered surface spans no more than 90% of the first or second sides.
Regarding claim 20, the limitations therein refer to an alternative embodiment set forth in section (c) of claim 17, which is not relied upon in this rejection, and thus receives no patentable weight.
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Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. Figure 12 shows a base plate 30B having a continuous curve end shape 30b, but does not explicitly state that a polymer pad encapsulating the base plate 30B would have an end shape matching the end shape 30b.
However, Figure 16 of Watanabe et al shows a track shoe including a base plate 30E having a specific end shape 30e with a polymer pad 32 matching that specific end shape. Therefore, from this teaching, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, to form a polymer pad encapsulating the base plate of Watanabe et al having a curved end with matching end, for the purpose of preventing cracks in the pad due to stress concentration areas between the end shaped of the pad and base plate.
Allowable Subject Matter
Claims 1-9 and 12-13 are allowed.
Response to Arguments
Applicant's arguments filed 20 January 2026 have been fully considered but they are not persuasive. the Applicant argues that “all of the reference characters cited by the Office do indicate different elements, and are clearly described as such in the Subject Application”. However, in the drawings, the leader lines of the aforementioned reference characters indicate the same portion or element of the invention, which is improper. It should be noted that reference characters that indicate an overall element of the invention (such as the “first side”, “second side”, etc.) should include an arrowhead at the end of their leader lines.
The Applicant argues that neither Watanabe et al nor Kim show the features set forth in claims 14-20. The Applicant argues that the “Office merely makes a cursory mention of the alleged relevance” of certain drawing figures in the references. In an effort to clarify the record, the Examiner has provided annotated drawings referred to in the rejections set forth above (which were retained from the previous Office action). The claims do not set forth any physical features that preclude the interpretation of the references above.
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 JASON R BELLINGER whose telephone number is (571)272-6680. The examiner can normally be reached M-F 9-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at (571)272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON R BELLINGER/ Primary Examiner, Art Unit 3615