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 .
Status of Claims:
Claims 1-9 are pending.
Claims 1-7 are amended.
Claims 8 and 9 are new.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-9 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.
Regarding Claim 1, the recitation of “the vehicle” in line 2, in indefinite because there is insufficient antecedent basis for this limitation in the claim. It is suggested by the examiner to change the limit to “the machine” for greater clarity.
Claim Rejections - 35 USC § 102
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(2) as being US-201402030519-A1 to Kumar (“Kumar”).
Regarding Claim 1, Kumar discloses a machine (100 “earth moving machine”) having a drive assembly (104 a pair of “continuous track assemblies”) including a circular body (circular body having an outer cylindrical surface shown at end of 202 “motor housing” shown between 202 and 206 “final drive assembly” in Fig 2, Fig 4, Col Para 11, 12) fixed to a chassis (202 positioned inside 204 “final drive housing” of 102 “undercarriage assembly”, Fig 2, Para 11, 12) of the machine, the drive assembly including a rotating output member (206 “final drive assembly”) outward of the circular body and defining an axis of revolution (X-X, Fig 2), the drive assembly forming an annular radially constricted zone (“interior space” at “annular seam” at junction of 202 and 206, between 102 and 206, Para 15, lines 3-4, Para 20 lines 1-3, 602 ”annular groove” where 312 “seal assembly” are located, Para 14, para 15, Fig 6) between the circular body and the output member being prone to accumulate debris (Paragraphs 2, 3, 19, 20, 22 ), that can enter the drive assembly, a diametrally split guard (300 “seal protection system” including 304 “first band portion” and 306 “second band portion” [i.e. two circular segments] together having cylindrical shape, inner and outer cylindrical surfaces each having L-shaped cross section with 502 “outer edge section“ extending radially, and 304 having with 308 “first compressible element” attached at corner of 304 and 502, and 306 having 310 “second compressible element” attached at corner of 306 and 502 , Para 13, 15, 17, 18 Fig 3, 4, 5) of two segments (304, 306 Fig 4), each of the two segments including an inner cylindrical surface (inner radial surface of 502 “outer edge section“, Para 17, 18, Fig 5) configured to engage (Para 18, lines 15-17, Fig 6) an outer cylindrical surface of the circular body, such segments each being unitary (Fig 4) and extending from (Fig 6) the circular body to the output member so that together the segments enclose said zone and diminish accumulation of debris in said zone (Para 14, 20, Fig 6).
Regarding Claim 2, Kumar discloses the machine as set forth in claim 1, wherein said guard (404, 306) extends axially (504 “inner edge section” of 304, 306, extends axially along A_A axial axis, Fig 4, 5) to a plane (plane formed by any circumferential line tangent to 504 and axial axis A-A, i.e. shown where callouts for 604, 606 are directed, Fig 6) at or adjacent (Fig 6) a track sprocket (sprocket shown as part of 206 “final drive assembly”, Fig 2, 6 ).
Regarding Claim 3, Kumar discloses the machine as set forth in claim 2, wherein the output member (206) has the track sprocket (sprocket shown as part of 206 “final drive assembly”, Fig 2, 6 ) outward (Fig 2, 6 show sprocket radially outward on 206) of said output member.
Regarding Claim 4, Kumar discloses the machine as set forth in claim 1, wherein said segments are smaller in radius at an outboard end (inner radius of 502 “outer edge section” [i.e. outboard end] of 304, 306, Para 17, 18, Fig 5, 6) than a radius at an inboard end (inner radius of 504 “inner edge section” [i.e. inboard end] of 304,306, Para 17, 18, Fig 5 6).
at inboard end of 304, 306 ) is smaller than inner radius of outboard end (inner radius of 502 “outer edge section” Fig 5).
Regarding Claim 5, Kumar discloses a guard (300 “seal protection system” including 304 “first band portion” and 306 “second band portion” [i.e. two circular segments] together having cylindrical shape, inner and outer cylindrical surfaces each having L-shaped cross section with 502 “outer edge section“ extending radially, and 304 having with 308 “first compressible element” attached at corner of 304 and 502, and 306 having 310 “second compressible element” attached at corner of 306 and 502 , Para 13, 15, 17, 18 Fig 3, 4, 5) for an external drive of a ground vehicle (100 “earth moving machine”), the guard including an inner cylindrical surface (described above and shown Fig 4, 6) adapted to be fixed to an outer cylindrical surface (outer cylindrical surface shown at end of 202 “motor housing” shown between 202 and 206 “final drive assembly” in Fig 2, Fig 4, Col Para 11, 12) of a circular body (circular body having an outer cylindrical surface shown at end of 202 “motor housing” shown between 202 and 206 “final drive assembly” in Fig 2, Fig 4, Col Para 11, 12) on the exterior of the vehicle (102 “undercarriage assembly” of 10 including 204 “final drive housing” with 202 mounted therein, Fig 1, 2, 6, Para 11, 12) and having elements that extend, in one piece, from the vehicle (from 202 of 10) to a sprocket and sprocket hub assembly (sprocket shown as part of 206 “final drive assembly”, Fig 2, 6 ), the guard when assembled (italicized limits: “Product by Process”, method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113); the guard is capable of enclosing space) on the machine enclosing a space (“interior space” at “annular seam” at junction of 202 and 206, Para 15, lines 3-4, wherein 602 ”annular groove” where 312 “seal assembly” are located, Para 14, para 15, Fig 6) through which the external drive extends.
Regarding Claim 6, Kumar discloses a cylindrical guard (300 “seal protection system” including 304 “first band portion” and 306 “second band portion” [i.e. two segments [i.e. two semi-circular halves/shells having cylindrical surfaces, together forming cylindrical shape], each having L-shaped cross section with 502 “outer edge section“ extending radially, and 504 “inner edge section” extending axially , and 304 having with 308 “first compressible element” attached at corner of 304 and 502, and 306 having 310 “second compressible element” attached at corner of 306 and 502 , Para 13, 15, 17, 18 Fig 3, 4, 5) for protecting a space (“interior space” at “annular seam” at junction of 202 and 206, Para 15, lines 3-4, wherein 602 ”annular groove” where 312 “seal assembly” are located, Para 14, para 15, Fig 6) between a track sprocket (sprocket of 206 “final drive assembly”, Fig 2, 6 ) and an adjacent non-rotating original equipment part (202 “motor housing” in 204 “final drive housing”) of a track type excavator machine (100 “earth moving machine”) supporting the sprocket, the guard being formed of two semi-circular halves, each half having a semi-circular shell (304 “first band portion” , 306 “second band portion” [i.e. two segments, two semi-circular halves/shells having inner and outer cylindrical surfaces) adapted to mate with the other semi-circular shell (304, 306 mate with eachother, Fig 3,4) and each half having an inner cylindrical surface (Fig 3, 4) configured to mate with (Para 18, lines 15-17, Fig 6) a factory installed radially outward cylindrical surface (outer cylindrical surface shown at end of 202 “motor housing” shown between 202 and 206 “final drive assembly” in Fig 2, Fig 4, Col Para 11, 12) of the original equipment (italicized limits: “Product by Process”, method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113); the cylindrical guard is capable of mating with factory installed outward cylindrical surface of the original equipment) at one end of the shell, the length of each shell being proportioned to seal between a shell end (inboard end of 504 “inner edge section”) opposite the cylindrical surface and a factory installed rotating drive part (206 “final drive assembly”) (italicized limits: “Product by Process”, method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113), lengths of each shell capable of being proportional to seal and shell end opposite a cylindrical surface and a factory installed rotating drive part), each semi-cylindrical shell having a length (between sprocket of 206 and 102 “undercarriage assembly”, Para 20 lines 1-3, Fig 6) such that when mounted on the cylindrical surface the end opposite the cylindrical surface forms a running or small gap seal (where 312 “seal assembly” is seated between 102 and 206, Para 20 lines 1-3, Fig 6) with the factory installed drive part (italicized limits: “Product by Process”, method limit in product claim, [i.e. product by process], not limiting: "The patentability of a product does not depend on its method of production", (MPEP 2113), the shell having a length, capable of, when mounted on cylindrical surface at end opposite the cylindrical surface, forming a running or small gap seal).
Regarding Claim 7, Kumar discloses the cylindrical guard as set forth in claim 6, wherein the semi- circular shells (304, 306) have one radius (inner radius of 504, Fig 5) at said cylindrical surface (504 “inner edge section” Para 17, 18 , Fig 5, 6) and a smaller radius (inner radius of 502, Fig 5) at said opposite end (502 “outer edge section“, Para 17, 18 , Fig 5, 6).
Regarding Claim 8, Kumar discloses the machine as set forth in claim 1, further comprising fasteners (318 and 320 “nut and bolts arrangement” through apertures in flangelike ends of each of 304, 306, Para 16, Fig 4) extending through flanges (each flange like end of 304, 306 having 314, 316 “apertures” therein) on the two segments for securing the two segments to each other.
Regarding Claim 9, Kumar discloses the cylindrical guard as set forth in claim 6, further comprising fasteners (“fastening means” 318 and 320 “nut and bolt arrangement”) extending through flanges (314, 316 pairs of “apertures” in flange like ends of each side of 304, 306 with spacer 322 between Para 16, Fig 4 ) on the two semi-circular halves for securing the two semi-circular halves to each other ( Para 16, Fig 4).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Knell (GB-2350338-A), Jackson (WO-2012074624-A2), Freeman (US-7946661-B1), Auch (US-8632137-B2) and Tokach (US-11685451-B2) disclose machines/ground vehicles, with cylindrical guards to prevent debris from collecting between the drive member and vehicle.
Response to Argument
Applicant’s arguments, see Remarks, filed 12/10/2025, with respect to rejections of Claims 2-4 and 7 Under 35 U.S.C. § 112 have been fully considered and are persuasive, and have been withdrawn.
Applicant’s arguments with respect to rejection of claim(s) 1-7 under 35 U.S.C. §102 have been considered but are moot because amendments add new limits, to which a new rejection is included herein.
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 EVA LYNN COMINO whose telephone number is (571)270-5839. The examiner can normally be reached M-F 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615