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.
Claim 2 is 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 2 recites the limitation "the fourth connection portion is welded to the outside of the first sidewall below the second upper edge of the second sidewall” in lines 11-12 which is unclear as the fourth connection point is defined by the second sidewall throughout the claim. To overcome the rejection an amendment directed to “the fourth connection portion is welded to the outside of the [[first]] second sidewall below the second upper edge of the second sidewall”. This amendment is similar to the claim limitation presented in independent claims 7 and 13. Claim 2 has been examined in line with the proposed amendment above.
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 7-11, 13, 16-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buskirk (Pat. No.: 2,689,418).
Regarding independent claim 7, Buskirk discloses a dragline bucket comprising: a bottom wall, a first sidewall extending from the bottom wall and defining a first upper edge, the first sidewall having a first forward-facing drag lug (16), a second sidewall extending from the bottom wall and defining a second upper edge, the second sidewall having a second forward-facing drag lug (16, See annotated Fig. 1 for the bucket walls and upper edges)
a lip assembly at a front side of the bottom wall, the lip assembly having a plurality of ground engaging tools (9) extending away from the bottom wall of the dragline bucket (as seen in Fig. 1),
an arm (21) having a base portion, a first extension extending from the base portion to the first sidewall, and a second extension extending from the base portion to the second sidewall, the first and second extensions each having a connection interface (See Fig. 4 and Fig. 6 which depict the connection interfaces of the first/second extensions, note that the term connection interfaces is broad and is being interpreted as the location where two components interact for coupling, further See annotated Fig. 1 for the first/second extensions), and the base portion having an upper surface that is planar (the upper surface of the base portion is depicted as planar as seen in Fig. 3), and
a dump anchor (26) having a connection interface (i.e., the location where two components interact for coupling), a front edge, a rear edge opposite the front edge, and a portion extending from the front edge to the rear edge, the front and rear edges being planar (See annotated Fig. 3).
wherein the front edge and the rear edge of the dump anchor (26), which are planar, run parallel to a length of the upper surface of the base portion of the arm (See Fig. 1 where front edge is depicted running parallel to a length of the upper surface of the arm), are fixedly coupled to the upper surface of the base portion of the arm (31; See col. 4, lns. 69-72 where it discloses element 26 as “a line attaching fixture of any preferred or standard form carried by the top of the arch 21”),
wherein the connection interface of the first extension has a first portion (23a) at an inside of the first sidewall and a second portion (21a) at an outside of the first sidewall (See Fig. 1 where 23a is at an inside of the first/second sidewall and 21a is at an outside of the first/second sidewall; further See col. 3, lns. 53-59 for disclosure of the first/third connection point(s) 23a; and col. 4, lns. 35-48 for disclosure of the second/fourth connection point(s) 21a),
wherein the connection interface of the second extension has a third portion (23a) at an inside of the second sidewall and a fourth portion (21a) at an outside of the second sidewall (See Fig. 1 where 23a is at an inside of the first/second sidewall and 21a is at an outside of the first/second sidewall; further See col. 3, lns. 53-59 for disclosure of the first/third point(s) 23a; and col. 4, lns. 35-48 for disclosure of the second/fourth point(s) 21a).
wherein the second portion (21a) is fixedly coupled to the outside of the first sidewall below the first upper edge of the first sidewall (See col. 4, lns. 46-48 where it discloses “the ends 21a of the arch will be welded or otherwise secured in the supporting pockets 25”, See annotated Fig. 1 where the pockets 25 are below the upper edges), and
wherein the fourth portion (21a) is fixedly coupled to the outside of the second sidewall below the second upper edge of the second sidewall and not at the second upper edge of the second sidewall (See col. 4, lns. 46-48 where it discloses “the ends 21a of the arch will be welded or otherwise secured in the supporting pockets 25”, See annotated Fig. 1 where the pockets 25 are below the upper edges).
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Regarding claim 8, Buskirk discloses the dragline bucket of claim 7, and also discloses wherein the dump anchor (26) is the only dump anchor or part of a pair of dump anchors on the upper surface of the base portion of the arm (31), the dump anchor being centered along a length of the upper surface of the base portion of the arm (See Fig. 1 where front edge is depicted running parallel to a length of the upper surface of the arm).
Regarding claim 9, Buskirk discloses the dragline bucket of claim 7, and also discloses wherein each of the base portion, the first extension, and the second extension has a portion that is straight and linear (See Fig. 3 where the base portion is depicted having a straight and linear portion where 26 is fixed, each of the first and second extension have portions 21a that are straight and linear as depicted in Fig. 4), and wherein an angle at an interface between the base portion of the arch and each of the first extension and the second extension is obtuse (as seen in Fig. 2).
Regarding claim 10, Buskirk discloses the dragline bucket of claim 7, and also discloses wherein in a side elevational view of the dragline bucket, the arm is angled forward at an angle from 90 to 120 degrees (90-degree angle of arm with respect to the sidewalls is seen in Fig. 3), wherein the first extension of the arm is fixedly coupled (via welding) to the first sidewall forward of the lip assembly (at least partially forward, as depicted in Fig. 3), and wherein the second extension of the arm is fixedly coupled (via welding) to the second sidewall forward of the lip assembly (at least partially forward as depicted in Fig. 3).
Regarding claim 11, Buskirk discloses the dragline bucket of claim 7, and also discloses wherein in a side elevational view of the dragline bucket, the first forward-facing drag lug (16) extends in a forward direction more than each of the arm (21) and the lip assembly, wherein in the side elevational view of the dragline bucket, the second forward-facing drag lug (16) extends in the forward direction more than each of the arm and the lip assembly (as seen in Fig. 3).
Regarding independent claim 13, Buskirk discloses a dragline bucket assembly comprising: a bottom wall, a first sidewall extending from the bottom wall and defining a first upper edge, the first sidewall having a first forward-facing drag lug (16), a second sidewall extending from the bottom wall and defining a second upper edge, the second sidewall having a second forward-facing drag lug (16, See annotated Fig. 1 for the bucket walls and upper edges)
a lip assembly at a front side of the bottom wall, the lip assembly having a plurality of ground engaging tools extending away from the bottom wall of the dragline bucket (as seen in Fig. 1),
an arm (21) having a base portion, a first extension extending from the base portion to the first sidewall, and a second extension extending from the base portion to the second sidewall, the first and second extensions each having a connection interface (See Fig. 4 and Fig. 6 which depict the connection interfaces of the first/second extensions, note that the term connection interfaces is broad and is being interpreted as the location where two components interact for coupling, further See annotated Fig. 1 for the first/second extensions), and the base portion having an upper surface that is planar (note the upper surface of the base portion is depicted as planar as seen in Fig. 3), and
a dump anchor (26) having a connection interface (i.e., the location where two components interact for coupling), a front edge, a rear edge opposite the front edge, and a portion extending from the front edge to the rear edge, the front and rear edges being planar (See annotated Fig. 3).
wherein the connection interface of the first extension has a first connection portion (23a) at an inside of the first sidewall and a second connection portion (21a) at an outside of the first sidewall (See Fig. 1 where 23a is at an inside of the first/second sidewall and 21a is at an outside of the first/second sidewall; further See col. 3, lns. 53-59 for disclosure of the first/third connection point(s) 23a; and col. 4, lns. 35-48 for disclosure of the second/fourth connection point(s) 21a),
wherein the connection interface of the second extension has a third connection portion (23a) at an inside of the second sidewall and a fourth connection portion (21a) at an outside of the second sidewall (See Fig. 1 where 23a is at an inside of the first/second sidewall and 21a is at an outside of the first/second sidewall; further See col. 3, lns. 53-59 for disclosure of the first/third connection point(s) 23a; and col. 4, lns. 35-48 for disclosure of the second/fourth connection point(s) 21a).
wherein the second connection portion (21a) is welded to the outside of the first sidewall below the first upper edge of the first sidewall and not at the first upper edge of the first sidewall (See col. 4, lns. 46-48 where it discloses “the ends 21a of the arch will be welded or otherwise secured in the supporting pockets 25”, thereby it is not welded at the upper edge of the sidewall, and See annotated Fig. 1 where the pockets 25 are below the upper edges), and
wherein the fourth connection portion (21a) is welded to the outside of the second sidewall below the second upper edge of the second sidewall and not at the second upper edge of the second sidewall (See col. 4, lns. 46-48 where it discloses “the ends 21a of the arch will be welded or otherwise secured in the supporting pockets 25”, thereby it is not welded at the upper edge of the sidewall, and See annotated Fig. 1 where the pockets 25 are below the upper edges).
wherein the dump anchor (26) is the only dump anchor or part of a pair of dump anchors on the upper surface of the base portion of the angular arch arm (See Fig. 1 where only one dump anchor is depicted).
Regarding claim 16, Buskirk discloses the dragline bucket assembly of claim 13, and also discloses wherein the only one dump anchor (26) or the pair of dump anchors is centered along a length of the upper surface of the base portion of the arm (centering of dump anchor seen in Fig. 2).
Regarding claim 17, Buskirk discloses the dragline of claim 13, and also discloses wherein each of the base portion, the first extension, and the second extension has a portion that is straight and linear (See Fig. 3 where the base portion is depicted having a straight and linear portion where 26 is fixed, each of the first and second extension have portions 21a that are straight and linear as depicted in Fig. 4), and wherein an angle at an interface between the base portion of the arm and each of the first extension and the second extension is obtuse (as seen in Fig. 2).
Regarding claim 18, Buskirk discloses the dragline of claim 13, and also discloses wherein in a side elevational view of the dragline bucket, the arm is angled forward at an angle from 90 to 120 degrees (90-degree angle of arm with respect to the sidewalls is seen in Fig. 3).
Regarding claim 20, Buskirk discloses the dragline of claim 13, and also discloses wherein the first extension of the arm is welded to the first sidewall forward of the lip assembly (at least partially forward, as depicted in Fig. 3), and wherein the second extension of the arm is welded to the second sidewall forward of the lip assembly (at least partially forward as depicted in Fig. 3).
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 1-6, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Buskirk (Pat. No.: 2,689,418) in view of Price (Pat. No.: 2,053,970).
Regarding independent claim 1, Buskirk discloses a dragline machine comprising: a boom; a rigging assembly operatively coupled to the boom via plurality of ropes; and a dragline bucket having an inner working volume, the dragline bucket including:
a bottom wall, a first sidewall extending from the bottom wall and defining a first upper edge, the first sidewall having a first forward-facing drag lug (16), a second sidewall extending from the bottom wall and defining a second upper edge, the second sidewall having a second forward-facing drag lug (16, See annotated Fig. 1 for the bucket walls and upper edges)
a lip assembly at a front side of the bottom wall, the lip assembly having a plurality of ground engaging tools extending away from the bottom wall of the dragline bucket (as seen in Fig. 1),
an angular arch arm (21) having a base portion, a first extension extending from the base portion to the first sidewall, and a second extension extending from the base portion to the second sidewall, the first and second extensions each having a connection interface (See Fig. 4 and Fig. 6 which depict the connection interfaces of the first/second extensions, note that the term connection interfaces is broad and is being interpreted as the location where two components interact for coupling, further See annotated Fig. 1 for the first/second extensions), and the base portion having an upper surface that is planar (note the upper surface of the base portion is depicted as planar as seen in Fig. 3), and
a dump anchor (26) having a connection interface (i.e., the location where two components interact for coupling), a front edge, a rear edge opposite the front edge, and a portion extending from the front edge to the rear edge, the front and rear edges being planar (See annotated Fig. 3).
Although Buskirk discloses that the front and rear edge of the dump anchor are planar (as seen in annotated Fig. 3) and the dump anchor (26) is “a line attaching fixture of any preferred or standard form carried by the top of the arch 21” (See col. 4, lns. 69-72). Buskirk fails to specifically disclose that the front edge and the rear edge are welded to the upper surface of the base portion. Like Buskirk, Price discloses a dragline bucket including an angular arm arch (3), a dump anchor (32) with a front and rear edge opposite the front edge that are planar (as seen in Fig. 1). Unlike Buskirk, Price teaches that the front and rear edges of the dump anchor (32) are welded to the upper surface of the arm (3, See col. 2, lns. 40-48). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to attach the dump anchor to the upper surface of the arm of Buskirk via welding as taught by Price, as such a modification is standard in the art to provide an attachment means that can withstand the extreme forces experienced during excavation operations.
Regarding claim 2, the combination discloses the dragline of claim 1. Buskirk, of the combination, also discloses:
wherein the connection interface of the first extension has a first connection portion (23a) at an inside of the first sidewall and a second connection portion (21a) at an outside of the first sidewall (See Fig. 1 where 23a is at an inside of the first/second sidewall and 21a is at an outside of the first/second sidewall; further See col. 3, lns. 53-59 for disclosure of the first/third connection point(s) 23a; and col. 4, lns. 35-48 for disclosure of the second/fourth connection point(s) 21a),
wherein the connection interface of the second extension has a third connection portion (23a) at an inside of the second sidewall and a fourth connection portion (21a) at an outside of the second sidewall (See Fig. 1 where 23a is at an inside of the first/second sidewall and 21a is at an outside of the first/second sidewall; further See col. 3, lns. 53-59 for disclosure of the first/third connection point(s) 23a; and col. 4, lns. 35-48 for disclosure of the second/fourth connection point(s) 21a).
wherein the second connection portion (21a) is welded to the outside of the first sidewall below the first upper edge of the first sidewall and not at the first upper edge of the first sidewall (See col. 4, lns. 46-48 where it discloses “the ends 21a of the arch will be welded or otherwise secured in the supporting pockets 25”, thereby it is not welded at the upper edge of the sidewall, and See annotated Fig. 1 where the pockets 25 are below the upper edges), and
wherein the fourth connection portion (21a) is welded to the outside of the first sidewall (i.e., second sidewall, see 112 rejection above) below the second upper edge of the second sidewall and not at the second upper edge of the second sidewall (See col. 4, lns. 46-48 where it discloses “the ends 21a of the arch will be welded or otherwise secured in the supporting pockets 25”, thereby it is not welded at the upper edge of the sidewall, and See annotated Fig. 1 where the pockets 25 are below the upper edges).
Regarding claim 3, the combination discloses the dragline of claim 1. Buskirk, of the combination, also discloses wherein the dump anchor (26) is the only dump anchor or part of a pair of dump anchors on the upper surface of the base portion of the angular arch arm (See Fig. 1 where only one dump anchor is depicted).
Regarding claim 4, the combination discloses the dragline of claim 1. Buskirk, of the combination, also discloses wherein each of the base portion, the first extension, and the second extension has a portion that is straight and linear (See Fig. 3 where the base portion is depicted having a straight and linear portion where 26 is fixed, each of the first and second extension have portions 21a that are straight and linear as depicted in Fig. 4), and wherein an angle at an interface between the base portion of the angular arch arm and each of the first extension and the second extension is obtuse (as seen in Fig. 2).
Regarding claim 5, the combination discloses the dragline of claim 1. Buskirk, of the combination, also discloses wherein in a side elevational view of the dragline bucket, the angular arch arm is angled forward at an angle from 90 to 120 degrees (90 degree angle of arm with respect to the sidewalls is seen in Fig. 3), wherein the first extension of the angular arch arm is welded to the first sidewall forward of the lip assembly (at least partially forward, as depicted in Fig. 3), and wherein the second extension of the angular arch arm is welded to the second sidewall forward of the lip assembly (at least partially forward as depicted in Fig. 3).
Regarding claim 6, the combination discloses the dragline of claim 1. Buskirk, of the combination, also discloses wherein in a side elevational view of the dragline bucket, the first forward-facing drag lug (16) extends in a forward direction more than each of the angular arch arm (21) and the lip assembly, wherein in the side elevational view of the dragline bucket, the second forward-facing drag lug (16) extends in the forward direction more than each of the angular arch arm and the lip assembly (as seen in Fig. 3). Although the working volume of the dragline bucket appears to be within the claimed range of 3 m3 to 125 m3. Buskirk fails to specifically disclose the claimed range. It would have been an obvious matter of design choice to select the desired bucket size to meet the claimed range, as Applicant has not disclosed that it solves any stated problem of the prior art or is for any particular purpose. It appears that the invention would perform equally well as the invention disclosed by the combination. Further, there do not appear to be any details of criticality provided for in the instant specification for the claimed range.
Regarding claim 14, Buskirk discloses the dragline bucket assembly of claim 13, and also discloses that the front and rear edge of the dump anchor are planar (as seen in annotated Fig. 3) and the dump anchor (26) is “a line attaching fixture of any preferred or standard form carried by the top of the arch 21” (See col. 4, lns. 69-72). Buskirk fails to specifically disclose that the front edge and the rear edge are welded to the upper surface of the base portion. Like Buskirk, Price discloses a dragline bucket including an angular arm arch (3), a dump anchor (32) with a front and rear edge opposite the front edge that are planar (as seen in Fig. 1). Unlike Buskirk, Price teaches that the front and rear edges of the dump anchor (32) are welded to the upper surface of the arm (3, See col. 2, lns. 40-48). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to attach the dump anchor to the upper surface of the arm of Buskirk via welding as taught by Price, as such a modification is standard in the art to provide an attachment means that can withstand the extreme forces experienced during excavation operations.
Regarding claim 15, the combination discloses the dragline of claim 14. Buskirk, of the combination, also discloses wherein the front edge and the rear edge of the dump anchor (26) run parallel to a length of the upper surface of the base portion of the arm (See Fig. 1 where front edge is depicted running parallel to a length of the upper surface of the arm).
Claims 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Buskirk (Pat. No.: 2,689,418).
Regarding claims 12 and 19, Buskirk discloses the dragline bucket assembly of claims 7 and 13 respectively. Although the working volume of the dragline bucket appears to be within the claimed range of 3 m3 to 125 m3. Buskirk fails to specifically disclose the claimed range. However, it would have been an obvious matter of design choice to select the desired bucket size to meet the claimed range, as Applicant has not disclosed that it solves any stated problem of the prior art or is for any particular purpose. It appears that the invention would perform equally well as the invention disclosed by the combination. Further, there do not appear to be any details of criticality provided for the claimed range in the instant specification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references disclose dragline buckets with arched arms and various connection interfaces that are considered reasonably pertinent: Smit (Pat. No.: 5,575,092), Kudo (Pat. No.: 8,572,870), and Falkenhagen (Pub. No.: 2017/0089034). Additional references relevant but not cited here can be found in the attached 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Audrey L Lusk whose telephone number is (571)272-5132. The examiner can normally be reached M - F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
/A.L.L./Examiner, Art Unit 3671