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 .
Response to Arguments
Applicant’s filing of 1/28/26 have been entered. The amendments have resolved the previously presented drawing objections and 112(b) rejections.
Applicant's arguments filed have been fully considered but they are not persuasive.
Regarding applicant’s arguments that the amendments differentiate from Yeager, specifically because of the orientation of the “positioning bar” relative to the retention pin. The examiner notes the broad, but reasonable interpretation of the recited “positioning bar” presented in the rejection below (see annotated figure below), upon further consideration of Yeager. The examiner notes the lack of functional or structural particulars which preclude this interpretation. Claim limitations directed to further defining the positioning bar, or by requiring the examiner to draw the currently identified “positioning bar” to another element of a coupler, would be productive.
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Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Please see discussion below for instances in which 112(f) is considered to be invoked.
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.
Claims 1-2 and 4-13 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.
Claim 1 recites “a piston […] in direct mechanical contact with a second end of the retention pin”. It is unclear what applicant means by “direct mechanical contact”, particularly when read in light of the claims and specification. For example, it is unclear whether this “direct mechanical contact” is intended to preclude intermediate mechanical parts or permit intermediate mechanical parts which would provide a direct mechanical force. It is noted that dependent claim 2 suggests applicant’s intention to permit intermediate parts, which would appear to be inconsistent with the ordinary meaning of the phrase “direct mechanical contact”. Claims 2 and 4-13 are rejected for depending from a rejected claim.
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.
Claim(s) 1-2, 4-6, 9-12, 14-16, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeager (US 20080296031 A1), in view of Schmidt (US 20210262451 A1).
Regarding claim 1, Yeager teaches a coupler, the coupler comprising:
a positioning bar defining a first elongate direction of the coupler (see annotated figure 2 in the response to arguments, elongate direction in the “long” direction of the bar. This facilities positioning of the coupler on the attachment by virtue of features such as 13)
a retention pin (Fig 4, pin 21) defining a second elongate direction and configured to be disposed on the coupler (see Fig 6, extending in second elongate direction seen) that is perpendicular to the first elongate direction (Fig 6, second elongate direction is perpendicular to the first elongate direction, as seen),
wherein, to secure the coupler to an attachment, the retention pin is configured to move in the elongate direction to insert a first end, of the retention pin, into an opening in the attachment (See Fig 6 and Fig 1, inserted in attachment as seen).
Yeager is silent on the particulars of the thermoactuator.
Schmidt teaches a thermoactuator (Fig 3, actuator 100).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Yeager by using the thermoactuator of Schimdt as the actuator in Yeager because it is “simple, reliable, and efficient” (Para 0005).
Yeager as modified teaches a chamber containing a material that changes in volume as a function of a temperature of the material (Fig 3, chamber 122, containing material 140, Para 0031, “a phase-change material, such as wax”),
a piston, sealing an end of the chamber in direct mechanical contact with a second end of the retention pin (Fig 3 of Schmidt, actuator piston 130 with end 136 coupled to pin as a modification to Yeager, see Fig 6, the second end is inside and the first end is outside for pin 21. Piston portion 130 seals/segregates chamber 122. Note for the purpose of examination, at least in view of the 112 issue, the piston may additionally or alternatively be construed as including the level piston of Yeager and thus in direct mechanical contact with the second end of the retention pin), the second end being disposed opposite the first end (Fig 7 of Yeager, ends of pin 21); and
an electric temperature-altering device (Para 0037, Fig 3, of Schimdt coil 124), configured to change the temperature and the volume of the material to cause the piston to exert a first force (Fig 3, Para 0036 of Schimdt) on the retention pin that moves the retention pin in the second elongate direction relative to the opening in the attachment (Fig 7-9, actuated state of actuator 33 of Yeager causes movement of pin relative to the opening).
Regarding claim 2, Yeager teaches wherein the piston is mechanically connected to the retention pin via one or more levers (Fig 7, lever 37).
Regarding claim 4, Yeager as modified teaches wherein: the thermoactuator comprises a wax motor, the electric temperature-altering device comprises a heater (Para 0037, Fig 3, of Schimdt coil 124), and the material comprises a wax that increases in volume the temperature increases (Para 0031 of Schimdt, “a phase-change material, such as wax”).
Regarding claim 5, Yeager as modified teaches wherein the wax undergoes a phase change from solid to liquid with increasing the temperature that produces a majority of an increase in volume of the material (Para 0031 of Schimdt, “a phase-change material, such as wax” see also Fig 3).
Regarding claim 6, Yeager as modified teaches further comprising cooling device configured to cool the material when the heater is off (Para 0040 of Schimdt, “a thermoelectric cooler, e.g., a Peltier cooler, or other known cooling configurations can be incorporated to reduce the time for the phase-change material 140 to solidify”).
Regarding claim 9, Yeager as modified teaches wherein the retention pin is inserted in the opening in the attachment when the electric temperature-altering device is not active (Fig 9 of Yeager, when the actuator is not extended/off in Schimdt, the pin 21 is in an inserted state).
Regarding claim 10, Yeager as modified teaches wherein the piston and the retention pin are substantially coplanar (Fig 7 of Yeager, piston of LF is coplanar).
Regarding claim 11, Yeager as modified teaches wherein the piston and the retention pin lie along substantially parallel or substantially collinear lines (Fig 7 of Yeager, piston of LF is collinear).
Regarding claim 12, Yeager as modified teaches further comprising a spring disposed on the coupler, mechanically connected to the retention pin, and configured to apply a second force on the retention pin capable of displacing the retention pin into the opening in the attachment (Fig 9 of Yeager, spring 31).
Regarding claim 14, Yeager as modified teaches a coupler comprising:
a positioning bar defining a first elongate direction of the coupler (see annotated figure 2 in the response to arguments, elongate direction in the “long” direction of the bar. This facilities positioning of the coupler on the attachment by virtue of features such as 13)
a retention pin (Fig 4, pin 21) configured to move in a second elongate direction, perpendicular to the first elongate direction (see Fig 6, extending in second elongate direction seen, second elongate direction is perpendicular to the first elongate direction, as seen), to insert a first end into an opening to secure the coupler to an attachment (See Fig 6 and Fig 1, inserted in attachment as seen for securing the elements together).
Yeager is silent on the particulars of the thermoactuator.
Schmidt teaches a thermoactuator (Fig 3, actuator 100).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Yeager by using the thermoactuator of Schimdt as the actuator in Yeager because it is “simple, reliable, and efficient” (Para 0005).
Yeager as modified teaches a chamber containing a material that changes in volume as a function a temperature of the material (Fig 3, chamber 122, containing material 140, Para 0031, “a phase-change material, such as wax”),
a piston, sealing an end of the chamber, mechanically connected to the retention pin proximate to a second end of the retention pin (Fig 3 of Schmidt, actuator piston 130 with end 136 coupled to pin as a modification to Yeager, see Fig 6, the second end is inside and the first end is outside for pin 21, the second end being disposed opposite the first end (Fig 7 of Yeager, ends of pin 21), and
an electric temperature-altering device that (Para 0037, Fig 3, of Schimdt coil 124), while activated, changes the temperature and the volume of the material causing the piston to exert a first force (Fig 3, Para 0036 of Schimdt) on the retention pin that moves the retention pin in the second elongate direction relative to the opening in the attachment (Fig 7-9, actuated state of actuator 33 of Yeager causes movement of pin relative to the opening); and
a spring, coupled to at least one of the piston or the retention pin, configured to bias the retention pin in a direction opposite the first force (Fig 7, spring 31).
Regarding claim 15, Yeager as modified teaches wherein: the thermoactuator comprises a wax motor (Para 0031 of Schimdt, chamber containing wax; “a phase-change material, such as wax”), the electric temperature-altering device comprises a heater (Para 0037, Fig 3, of Schimdt coil 124), and the material comprises a wax that increases in volume as the temperature increases (Para 0031 of Schimdt, “a phase-change material, such as wax”).
Regarding claim 16, Yeager as modified teaches wherein the wax undergoes a phase change from solid to liquid with increasing the temperature that produces an increase in volume of the material (Para 0031 of Schimdt, “a phase-change material, such as wax” see also Fig 3).
Regarding claim 19, Yeager as modified teaches a machine comprising:
a means of moving (Para 0001-0002, excavator; note 112(f) has been invoked, the corresponding structure is seen in e.g. Fig 1);
a coupler configured to be disposed on the machine (Fig 1, coupler 3) and including a device to securely connect an attachment to the machine via the coupler (see following elements), the device including:
a retention pin (Fig 4, pin 21) defining an elongate direction and configured to be disposed on the coupler (see Fig 6, extending in elongate direction seen), wherein to secure the coupler to the attachment (See Fig 6 and Fig 1, inserted in attachment as seen), the retention pin is configured to move in the elongate direction to insert a first end of the retention pin into an opening in the attachment (See Fig 6 and Fig 1, inserted in attachment as seen); and
Yeager is silent on the particulars of the thermoactuator.
Schmidt teaches a thermoactuator (Fig 3, actuator 100).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Yeager by using the thermoactuator of Schimdt as the actuator in Yeager because it is “simple, reliable, and efficient” (Para 0005).
Yeager as modified teaches a chamber configured to be fastened to the coupler, containing a material comprising a volume that changes as a function of temperature (Fig 3, chamber 122, containing material 140, Para 0031, “a phase-change material, such as wax”), and sealed at an end with a piston that is mechanically connected to the retention pin proximate to a second end of the retention pin (Fig 3 of Schmidt, actuator piston 130 with end 136 coupled to pin as a modification to Yeager, see Fig 6, the second end is inside and the first end is outside for pin 21), the second end being disposed opposite the first end (Fig 7 of Yeager, ends of pin 21); and
an electric temperature-altering device that (Para 0037, Fig 3, of Schimdt coil 124), while activated, changes the temperature and volume of the material causing the piston to exert a first force (Fig 3, Para 0036 of Schimdt) on the retention pin that moves the retention pin relative to the opening in the attachment (Fig 7-9, actuated state of actuator 33 of Yeager causes movement of pin relative to the opening).
Regarding claim 20, Yeager as modified teaches wherein: the thermoactuator comprises a wax motor, the electric temperature-altering device comprises a heater (Para 0037, Fig 3, of Schimdt coil 124), and the material comprises a wax that increases in volume as a function of increasing temperature (Para 0031 of Schimdt, “a phase-change material, such as wax”).
Claim(s) 7-8 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeager (US 20080296031 A1), in view of Schmidt (US 20210262451 A1), in view of Schmidt 197 (US 20110056197 A1).
Regarding claim 7, Yeager as modified is silent on a temperature sensor configured to measure a temperature that is monotonically related to the temperature of the material.
Schmidt 197 teaches a temperature sensor configured to measure a second temperature that is monotonically related to the temperature of the material (Fig 6, 602).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Yeager by having the temperature sensor and control system as disclosed by Schmidt 197 because “to continually control the temperature of the material according to the temperature reading” (Para 0054).
Regarding claim 8, Yeager as modified teaches further comprising a controller that is configured to: maintain the temperature at a first predetermined temperature when the retention pin is inserted in the opening in the attachment or maintain the temperature at a second predetermined temperature when the retention pin is not inserted in the opening in the attachment (Fig 6, Para 0054-0055 of Schmidt 197 ensures heating to the desired temperature as a modification to Yeager as modified this corresponds to the actuated/unactuated state and correspondingly the insertion into the opening).
Regarding claim 17, Yeager as modified is silent on the device further comprises a temperature sensor configured to measure a second temperature that is monotonically related to a temperature of the material.
Schmidt 197 teaches a temperature sensor configured to measure a temperature that is monotonically related to a second temperature of the material (Fig 6, 602).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Yeager by having the temperature sensor and control system as disclosed by Schmidt 197 because “to continually control the temperature of the material according to the temperature reading” (Para 0054).
Regarding claim 18, Yeager as modified teaches wherein the coupler further comprises a controller configured to maintain the temperature at a first predetermined temperature when the retention pin is inserted in the opening in the attachment or maintain the temperature at a second predetermined temperature when the retention pin is not inserted in the opening in the attachment (Fig 6, Para 0054-0055 of Schmidt 197 ensures heating to the desired temperature as a modification to Yeager as modified this corresponds to the actuated/unactuated state and correspondingly the insertion into the opening).
Allowable Subject Matter
Claims 19-21 are allowed.
Claim 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 13 recites “a second thermoactuator disposed on the coupler and configured, when activated, to exert a third force on the retention pin that is opposed to the first force”. Claim 19 recites “a second thermoactuator mechanically coupled to the retention pin and configured to exert a second force on the retention pin in a direction opposite the first force”. As discussed with respect to the other independent claims Yeager, as modified by Schmidt (US 20210262451 A1) is the best available combination of references and does not teach the recited limitation.
While Mullaney (US 20210259748 A1) does teach rod accumulator/actuators to move the rod of an actuator (see Fig 2 and Para 0064-0065), the second thermoactuator has been recited as “exert a second force on the retention pin in a direction opposite the first force” or “a third force on the retention pin that is opposed to the first force”, as recited. Even if hypothetically modified with Mullaney, construing a pump as the second actuator, would not have this missing limitation.
The missing limitation is not taught or rendered obvious, individually or as a of combination of references, known to the examiner without the benefit of impermissible hindsight.
Conclusion
THIS ACTION IS MADE FINAL. 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 THEODORE N YAO whose telephone number is (571)272-8745. The examiner can normally be reached typically 8am-4pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TARA SCHIMPF can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE N YAO/Primary Examiner, Art Unit 3676