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 .
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.
Claim(s) 1, 5, 6, 8, 12, 13, 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nielsen (US 5,803,531 A).
Nielsen ‘531 (“Nielsen”) discloses a liner assembly for a work implement (12), the liner assembly adapted to be coupled to a body of the work implement, the liner assembly comprising:
CLAIM 1 a plurality of liners (32a-32c, 34a-34d, 36a, 36b) coupled to the body of the work implement (12, cl. 1)1, wherein each of the plurality of liners comprises a base plate defining:
a first surface (Fig. 5, top surface) adapted to contact material present in the work implement;
a second surface (Fig. 5, bottom surface) adapted to contact the body of the work implement; and
a plurality of grooves (66) extending between the first surface and the second surface, wherein each of the plurality of grooves defines a first maximum length between two ends thereof (corner-to-corner), and wherein each of the plurality of grooves is adapted to receive welding material (70) to couple a corresponding liner with the body of the work implement;
CLAIM 5 wherein the plurality of grooves comprises:
a set of first grooves disposed at a first end of each liner, each groove of the set of first grooves extends along a first axis;
a set of second grooves disposed at a second end of each liner, each groove of the set of second grooves extends along a second axis; and
a set of third grooves disposed between the set of first grooves and the set of second grooves, each groove of the set of third grooves extends along a third axis; and
CLAIM 6 wherein each of the first axis, the second axis, and the third axis are parallel to each other (see annotated Fig. 3 below).
NIELSEN
FIG. 3
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CLAIM 8 All of the limitations recited therein are taught by Nielsen, as applied above to CLAIM 1. Additionally, the work implement (12) of Nielsen comprises a body defining an inner surface and a material receiving space.
CLAIM 12 All of the limitations recited therein are taught by Nielsen, as applied above to CLAIM 5.
CLAIM 13 All of the limitations recited therein are taught by Nielsen, as applied above to CLAIM 6.
CLAIM 15 All of the limitations recited therein are taught by Nielsen, as applied above to CLAIMS 1 and 8. Additionally, Nielsen teaches a work machine (20) comprising a frame (inherently), wherein the work implement (12) is coupled to the frame.
CLAIM 18 All of the limitations recited therein are taught by Nielsen, as applied above to CLAIM 5.
CLAIM 19 All of the limitations recited therein are taught by Nielsen, as applied above to CLAIM 6.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2, 9 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nielsen (US 5,803,531 A) in view of Kostecki (US 2005/0126056 A1).
CLAIM 2 Nielsen further teaches each liner of the plurality of liners (32a-32c, 34a-34d, 36a, 36b) is adapted to engage with an adjacent liner of the plurality of liners along at least one of a longitudinal axis and a transverse axis that is orthogonal to the longitudinal axis (Fig. 2).
Nielsen fails to teach expressly a gap between adjacent liners. Kostecki ‘056 (“Kostecki”) shows a liner assembly for a work implement and teaches a gap between adjacent liners, which gap is adapted to receive welding material ([0070]). It would have been obvious for one having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the prior art liner assembly (Nielsen) such that each liner of the plurality of liners (Nielsen) would have been spaced apart from an adjacent liner of the plurality of liners by a gap (Kostecki, [0070]) along a lateral axis that is orthogonal to the longitudinal axis and the transverse axis, as suggested by Kostecki. The motivation for making the modification would have been to have provided ease of replacement of a liner section (Kostecki, [0070]), and to have done so with a reasonable expectation of success.
CLAIM 9 All of the limitations recited therein are taught by the combination of Nielsen and Kostecki, as applied above to CLAIM 2.
CLAIM 16 All of the limitations recited therein are taught by the combination of Nielsen and Kostecki, as applied above to CLAIM 2.
Allowable Subject Matter
Claims 3, 4, 7, 10, 11, 14, 17 and 20 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
D’Amico (US 6,129,409 A) discloses a liner assembly for a work machine.
Davies (US 2012/0088055 A1) shows a liner assembly for a work machine, the assembly including a plurality of grooves.
Chewning et al. (US 10,232,801 B2) shows a liner assembly for a work machine, the assembly including a plurality of grooves.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARA MAYO whose telephone number is (571)272-6992. The examiner can normally be reached Monday through Friday 8:30AM-5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph 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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/TARA MAYO/Primary Examiner, Art Unit 3671
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19 March 2026
1 On line 2 of claim 1, Nielsen recites “a containment structure adapted to be secured to a surface of the compartment for hauling material.”