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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on December 20, 2023 and March 19, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 5, 6 and 14-18 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Rhodine et al. (USP 10,865,541).
Regarding claim 1: Rhodine discloses an intermediate section for a dipper handle (as seen in figures 2-7, generally 54), the intermediate section comprising:
an open first end (as seen in figure 6, area of 156);
an interior cavity (as seen in figure 6, area of 140) extending, along a longitudinal axis, into the intermediate section from the first end; and
a pair of crowd bores extending (as seen in figure 7, at 144), along a lateral axis that is orthogonal to the longitudinal axis, through respective ones of opposing sides of the intermediate section, into the interior cavity, wherein the pair of crowd bores are aligned with each other along the lateral axis (as seen in figure 9); wherein a first longitudinal distance from the first end to a center of each of the pair of crowd bores is at least 50% of an outer diameter of the intermediate section at the first end (as seen in annotated figure 7 below).
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Regarding claims 5 and 6: Rhodine discloses the intermediate section of claim 1. Further Rhodine discloses wherein the intermediate section further comprises a pair of bosses on respective ones of the opposing sides of the intermediate section, wherein each of the pair of bosses encircles a respective one of the pair of crowd bores and the intermediate section further comprises a fillet around each of the pair of bosses (as seen in annotated figure 9 below).
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Regarding claim 14: Rhodine discloses the intermediate section of claim 1. Further Rhodine discloses wherein the device comprises a second end, opposite the first end along the longitudinal axis, wherein a thickness of a wall of the intermediate section, defining the interior cavity, decreases from a portion of the first end towards the second end (as seen in annotated figure 7 below).
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Regarding claim 15: Rhodine discloses the intermediate section of claim 1. Further Rhodine discloses wherein the device comprises a second end, opposite the first end along the longitudinal axis, wherein the first end has a circular cross-sectional profile, wherein the second end has a rectangular cross-sectional profile, and wherein the intermediate section transitions from the circular cross-sectional profile to the rectangular cross-sectional profile along the longitudinal axis (as seen in figure 6).
Regarding claim 16: Rhodine discloses the intermediate section of claim 14. Further Rhodine discloses wherein the second end comprises an opening that extends into the interior cavity along the longitudinal axis (as seen in figure 8).
Regarding claim 17: Rhodine discloses a dipper handle (as seen in figure 1) comprising:
a tube section (as seen in figures 2 and 3, at 58) that is joined to the first end of the intermediate section; the intermediate section of Claim 1, wherein the intermediate section further comprises a second end, opposite the first end along the longitudinal axis; and
an engagement section (as seen in figures 4 and 5, area of 78) that is joined to the second end of the intermediate section, wherein the engagement section is configured to be joined to a dipper (as seen in figure 1).
Regarding claim 18: Rhodine discloses an electric rope shovel (column 1, lines 17-19) comprising:
one or more ground-engaging members;
a turntable connected to the one or more ground-engaging members;
a main body comprising a chassis that is mounted on the turntable;
a boom extending from the main body (all inherent in the Caterpillar Model 7495, as disclosed on column 1, lines 20-21);
the dipper handle of Claim 17;
a crowd control, secured to the boom via a saddle block (as seen in figure 1, area of 24) and secured to the dipper handle via the intermediate section, wherein the crowd control is configured to extend and retract the dipper handle (column 1, lines 29-38), relative to the boom; and
a dipper (as seen in figure 1, at 2) secured to the engagement section of the dipper handle.
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.
Claims 2-4, and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Rhodine et al. (USP 10,865,541).
Regarding claims 2-4 and 7-13: Rhodine discloses the intermediate section substantially as discussed above but fails to disclose the distance percentages as claimed by the applicant. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to contrive any number of desirable ranges for the distance percentage limitations disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Refer to MPEP § 2144.05.
Allowable Subject Matter
Claims 19 and 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose or fairly suggest in combination with other claimed features/limitation a machine having a dipper handle comprising a hollow tube section having a first end and a second end along a longitudinal axis, wherein a wall of the tube section has a uniform first thickness from the first end to a first point that is a first distance from the second end, transitions to a second thickness from the first point to a second point that is a second distance from the second end, and has the second thickness from the second point to an edge of the second end, wherein the edge of the second end is beveled; an intermediate section that includes an open third end that is joined to the second end of the tube section, wherein the third end has a first cross-sectional profile, a fourth end that is opposite the third end along the longitudinal axis, wherein the fourth end has a second cross-sectional profile that is different from the first cross-sectional profile, wherein the intermediate section transitions from the first cross-sectional profile to the second cross-sectional profile along the longitudinal axis and a wall that extends from an edge of the third end to the fourth end.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Baron (USP 3,856,161) discloses an intermediate section for a dipper handle employing an interior cavity with crowd bores and allied fillets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT ERIC PEZZUTO whose telephone number is (703)756-1320. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca can be reached at 571-272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT E PEZZUTO/Examiner, Art Unit 3671
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