DETAILED ACTION
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
This Final action is in reply to the application 18470692 amendment filed on 03/03/2026.
Claim 1,6, 7, and 13 is amended
Claim 5 is cancelled
Claim 7 – 12 is allowable
Claim 21 is new
Claims 1 – 4, 6 - 21 are currently pending and have been examined.
Response to arguments
The examiner does not find this argument persuasive.
The examiner states that the prior art STEPE still reads on the applicants amended claim 1. The examiner states that based upon the applicants amended claim 1, STEPE still discloses the claim limitation as disclosed :
a head portion( fig. – 28) having an upper surface( Fig. 2 – 48 – upper surface), a lower surface(fig. 2 – underside with phantom line), a front surface( Fig. 2 –66 front surface) and an inner surface ( fig. 2 – part that’s fits around plate 30) between the front surface and the back surface
a protrusion extending from the inner surface of the head portion, the protrusion, positioned between the upper surface of the head portion and the lower surface of the head portion.( fig. 2 - : the portion of the tip which includes 46 since it extends downward between the phantom portion and the upper surface at 60)
Based on the applicants amendments to the Independent claim 7, examiner finds the applicants amendments persuasive and finds the independent claim 7 and dependent claims allowable.
The examiner states that the applicants amendments to the claim 13 are not persuasive as the applicant has broadening elements to the amendments, the examiner still finds prior art STEPE / BEDFORD disclose of claim 13 and prior art STEPE / BEDFORD / CONGDON disclose newly amended claim 21 .
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.
Claim(s) 1 – 2, 4 – 6 are rejected under 35 U.S.C. 102(a1)(a2) as being unpatentable by US Patent 4047312 – Stepe et al. hereinafter as STEPE
Regarding Claim 1:STEPE discloses:
A corner segment( fig. 2 – 12 corner segment) configured to be mounted to a work implement using a plurality of bolts( Fig. 1 – 74 and 76 bolts, col 3 line 39 – 47 – wherein corner tooth assembly has counter sunk plow bolts 74 and 76) , the corner segment comprising:
a head portion( fig. – 28) having an upper surface( Fig. 2 – 48 – upper surface), a lower surface(fig. 2 – underside with phantom line), a front surface( Fig. 2 –66 front surface) and an inner surface ( fig. 2 – part that’s fits around plate 30) between the front surface and the back surface
a base portion,(fig. 2 24 base plate) integrally formed with the head portion, and having at least one base bolt hole (fig. 2 36 bolt holes) extending from a lower surface ( fig. 2 30 lower surface) of the base portion to an upper surface of the base portion( fig. 2 32 upper surface of base portion), the at least one base bolt hole being configured to receive a bolt to secure the corner segment to the work implement( col 3 line 39 – 47 - As shown in FIG. 1, the bottom plate 24 of each of the corner tooth assemblies 12 is secured exteriorly 40 against the floor member 14 of the bucket 10 by a pair of countersunk plow bolts and associated nuts 74 which extend upwardly through the openings 36 in the bottom plate and through the floor member. Likewise, the side protection plate 26 is secured exteriorly against the side 45 wall member 16 by a pair of countersunk plow bolts and associated nuts 76; )
a side portion, ( fig. 2 26 side portion ~ side protection plate – Col 2 line 56 – 61) integrally formed with the head portion and the base portion,( fig. 2 ) and having at least one side bolt hole (fig. 2 – 44 bolts) extending from an outer surface(fig. 2 38 outer surface) of the side portion to an inner surface of the side portion(fig. 2 – 26 inner surface), the at least one side bolt hole being configured to receive a bolt to secure the corner segment to the work implement. ( col 3 line 39 – 47 As shown in FIG. 1, the bottom plate 24 of each of the corner tooth assemblies 12 is secured exteriorly 40 against the floor member 14 of the bucket 10 by a pair of countersunk plow bolts and associated nuts 74 which extend upwardly through the openings 36 in the bottom plate and through the floor member. Likewise, the side protection plate 26 is secured exteriorly against the side 45 wall member 16 by a pair of countersunk plow bolts and associated nuts 76;)
a protrusion extending from the inner surface of the head portion, the protrusion, positioned between the upper surface of the head portion and the lower surface of the head portion.( fig. 2 - : the portion of the tip which includes 46 since it extends downward between the phantom portion and the upper surface at 60)
[AltContent: textbox (Head Portion – upper surface – 48)][AltContent: textbox (a protrusion extending from the inner surface of the head portion, the protrusion, positioned between the upper surface of the head portion and the lower surface of the head portion( lower surface near 46 and upper surface 60))][AltContent: arrow][AltContent: textbox (Back surface)][AltContent: textbox (Inner surface)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Lower surface of head portion with phantom line)][AltContent: arrow][AltContent: textbox (Front surface – 66)][AltContent: textbox (Head Portion - 28)]
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Regarding Claim 2:STEPE discloses:
2. The corner segment according to claim 1, wherein a plane of the at least one base bolt hole and a plane of the at least one side bolt hole are at an angle of about 90° relative to each other. ( col 4 line 1 – 5 right angle relationship)
Regarding Claim 4:
STEPE discloses:
4. The corner segment according to claim 1, wherein the side portion has two side bolt holes. ( fig. 2 – 44 bolts)
Regarding Claim 5:
STEPE discloses:
5. The corner segment according to claim 1, further comprising a protrusion, provided on the inner surface of the side portion. ( fig. 2 wherein 27 is the protrusion coming from the inner surface of the side portion)
Regarding Claim 6:
STEPE discloses:
6. The corner segment according to claim 5, wherein the protrusion has a maximum height at a front end, towards a front of the side portion, and a minimum height at a back end, towards a back of the side portion. Fig. 2 – 27 where in the protrusion has max height at a front tend towards 28 and front side portion 60, min height back end near back of 46 and 56 is the back side portion)
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.
Claim(s) 3 are rejected under 35 U.S.C. 102(a1)(a2) as being unpatentable by US Patent 4047312 – Stepe et al. hereinafter as STEPE in view of US PG Pub 20220389690 – Bjerke et al hereinafter as BJERKE
Regarding Claim 3:
STEPE discloses claim 1
STEPE discloses of a base portion of two base bolt holes.
STEPE does not disclose
3. The corner segment according to claim 1, wherein the base portion has four base bolt holes.
BJERKE discloses:
3. The corner segment according to claim 1, wherein the base portion has four base bolt holes. (fig. 3 – 4 bolt holes)
It would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for STEPE to use 4 bolts instead of 2 as the number of bolts merely serves as a means of applying a desired amount of holding force for the bracket, and as such constitutes a results effective variable. It has been held that routine optimization of a results effective variable is obvious (MPEP 2144.05, II, B), wherein the number of bolts directs relates to the holding force (Stepe, col 3 line 39 – 47).
Claim(s) 13, 18, 20 are rejected under 35 U.S.C. 103 as being unpatentable by US Patent 4047312 – Stepe et al. hereinafter as STEPE in view of US Patent 4776113 – Bedford et al. hereinafter as BEDFORD
Regarding Claim 13:
13. A corner segment( fig. 2 – 12 corner segment) configured to be mounted to a work implement using a plurality of bolts( Fig. 1 – 74 and 76 bolts, col 3 line 39 – 47 – wherein corner tooth assembly has counter sunk plow bolts 74 and 76) , the corner segment comprising:
a head portion(fig. 2 48 and 66 head portion) having an upper surface(fig. 2 - upper 48), a lower surface(fig. 2 - lower 48), a front surface(fig. 2 tip of 66), a back surface(fig.2 – 52), an inner surface;(fig. 2 – surface 27)
a base portion, (fig. 2 24 base plate col 2 line 49 - 55) integrally formed with and adjacent to the head portion( fig. 2 24 is integrated with head portion 27), and having a an upper surface( fig. 2 32), a lower surface( fig. 2 – 30), a back surface( fig. 2 – 24), an inner surface( fig. 2 inner surface 30), and at least one base bolt hole (fig. 2 – 36 bolt holes) extending from the upper surface to the lower surface thereof; and
a side portion( fig. 2 26 side portion ~ side protection plate – Col 2 line 56 – 61), integrally formed with and adjacent to the head portion and the base portion( fig. 2 ), the side portion including:
a back side portion( fig. 2 – 26 side protection plate – col 2 line 56 – 61), integrally formed with and adjacent to the base portion and the front side portion,( fig. 2 ) and having an upper surface( fig. 2 – upper surface of 38), a lower surface( fig. 2 lower surface in connection with base 24), a back surface (fig. 2 42 ), an inner surface(fig. 2 – 40), an outer surface( fig. 2 0 38), and at least one side bolt hole( fig. 2 44 bolts), extending from the outer surface to the inner surface thereof;
a protrusion extending from the inner surface of the head portion, the protrusion, positioned between the upper surface of the head portion and the lower surface of the head portion.( fig. 2 - : the portion of the tip which includes 46 since it extends downward between the phantom portion and the upper surface at 60)
STEPE does not discloses:
a front side portion, integrally formed with and adjacent to the head portion, and having an upper surface, a lower surface, a front surface, a back surface, an inner surface, and an outer surface;
a protrusion, integrally formed with and adjacent to the front side portion
STEPE discloses of a protrusion integrally formed with and adjacent to the head portion and back side portion, BEDFORD discloses:
a front side portion( fig. 1 – 48 forward portion), integrally formed with and adjacent to the head portion(fig. 1 - 40 head), and having an upper surface( fig. 1 – upper 56), a lower surface( fig. 1 lower 40), a front surface (48 facing out of the page), a back surface( 46 back surface), an inner surface( 58 inner surface), and an outer surface (60 outer surface);
a protrusion, integrally formed with and adjacent to the front side portion( fig. 1 and fig. 2 - 28 and 30 that form the protrusion )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the corner segment of STEPE to include the a front side portion, integrally formed with and adjacent to the head portion, and having an upper surface, a lower surface, a front surface, a back surface, an inner surface, and an outer surface and a protrusion, integrally formed with and adjacent to the front side portion as taught by BEDFORD. This would allow STEPE to improve the strength of and load transfer of bucket. ( Bedford – load transfer col 3 line 30 – 35)
Regarding Claim 18:
STEPE / BEDFORD discloses claim 13:
BEDFORD discloses the combination as taught in claim 13
18. The corner segment according to claim 13, wherein a maximum width of the back side portion is less than the maximum width of the front side portion. ( Fig.1 – 50 back side and 44 front side. Where in the back side is less than the max width of the front side)
Regarding Claim 20:
STEPE / BEDFORD discloses claim 13:
STEPE discloses:
20. The corner segment according to claim 13, further comprising an extension, integrally formed with and extending from the head portion.( wherein extension is interpreted to be with regard to the protrusion as disclosed in claim 13, fig. 2 – extension toward rear end of 46))
Claim(s) 14, 15, 17, 21 are rejected under 35 U.S.C. 103 as being unpatentable by US Patent 4047312 – Stepe et al. hereinafter as STEPE in view of US Patent 4776113 – Bedford et al. hereinafter as BEDFORD in view of US PG Pub 20160032567 – Congdon et al. hereinafter as CONGDON
Regarding Claim 14:
STEPE / BEDFORD discloses of claim 13:
STEPE discloses of providing chamfers on certain portions of the corner assembly surfaces ( fig. 2 )
However STEPE doesn’t explicitly disclose:
14. The corner segment according to claim 13, wherein an interface between the front surface of the front side portion and the outer surface of the front side portion is chamfered, and has a radius of curvature of about 50 mm to about 150 mm.
CONGDON discloses of a wear member, CONGDON further discloses:
14. The corner segment according to claim 13, wherein an interface between the front surface of the front side portion and the outer surface of the front side portion is chamfered,( para. 0042 – chamfered edges on any surface)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the corner segment that has the chamfers on surfaces of STEPE to include wherein an interface between the front surface of the front side portion and the outer surface of the front side portion is chamfered as taught by CONGDON. This allows for STEPE’s chamfered surfaces is a known practice to achieve any desired shape known for these elements in the art( CONGDON – para. 0042 – any surface can be machined as designed)
STEPE does not disclose:
Wherein the interface and has a radius of curvature of about 50 mm to about 150 mm.
BEDFORD discloses:
Wherein the interface and has a radius of curvature of about 50 mm to about 150 mm. ( para. 0037 – radius of curvature)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the corner segment and curvature of surfaces of STEPE to include Wherein the interface and has a radius of curvature of about 50 mm to about 150 mm as taught by BEDFORD. This would allow STEPE to improve the strength of and load transfer of bucket. ( Bedford – load transfer col 3 line 30 – 35)
Regarding Claim 15:
STEPE / BEDFORD discloses of claim 13:
STEPE discloses of providing chamfers on certain portions of the corner assembly surfaces ( fig. 2 ),
STEPE does not explicitly discloses:
15. The corner segment according to claim 13, wherein an interface between the upper surface of the front side portion and the outer surface of the front side portion is chamfered.
CONGDON discloses of a wear member, CONGDON further discloses:
15. The corner segment according to claim 13, wherein an interface between the upper surface of the front side portion and the outer surface of the front side portion is chamfered. ( para. 0042 – chamfered edges on any surface)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the corner segment that has the chamfers on surfaces of STEPE to include wherein an interface between the outer surface of the front side portion and the outer surface of the back side portion is chamfered as taught by CONGDON. This allows for STEPE’s chamfered surfaces is a known practice to achieve any desired shape known for these elements in the art( CONGDON – para. 0042 – any surface can be machined as designed)
Regarding Claim 17:
STEPE / BEDFORD discloses of claim 13:
STEPE discloses of providing chamfers on certain portions of the corner assembly surfaces ( fig. 2 ),
STEPE does not explicitly discloses:
17. The corner segment according to claim 13, wherein an interface between the lower surface of the head portion and the front surface of the head portion is chamfered.
CONGDON discloses of a wear member, CONGDON further discloses:
17. The corner segment according to claim 13, wherein an interface between the lower surface of the head portion and the front surface of the head portion is chamfered. ( para. 0042 – any surface can be chamfered)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the corner segment of STEPE to include wherein an interface between the lower surface of the head portion and the front surface of the head portion is chamfered as taught by CONGDON. This allows for STEPE’s chamfered surfaces is a known practice to achieve any desired shape known for these elements in the art( CONGDON – para. 0042 – any surface can be machined as designed)
Regarding Claim 21:
STEPE / BEDFORD discloses claim 13:
STEPE discloses of a corner wear element of a bucket, STEPE does not explicitly disclose:
wherein a ratio of a maximum width of the front side portion to a minimum width of the front side portion is in a range of 2:1 to 1:1, and
a ratio of a maximum width of the back side portion to a minimum width of the back side portion is in a range of 2:1 to 1:1, and
wherein a ratio of a maximum depth of the front side portion to a depth of the inner surface of the head portion is in a range of 2:1 to 1:1.
CONGDON discloses of a wear member, CONGDON further discloses:
Congdon discloses a wear member, wherein geometric ratios of the wear element portions are known to be controlled for as part of producing a wear element which is applicable to different environments and maximizes work efficiency (Paragraphs 0080, 0098). As a result, the ratio of dimensions of the wear elements and corner segments is seen as a results effective variable.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the applicants invention to utilize the claimed ratios for dimensions of the wear elements/corner segments as it has been held that routine optimization of a results effective variable is obvious, in this case to achieve a desired ratio for operating in a specific condition or to control wear and efficiency.
Claim(s)16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable by US Patent 4047312 – Stepe et al. hereinafter as STEPE in view of US Patent 4776113 – Bedford et al. hereinafter as BEDFORD in view of US PG Pub 20220389690 – Bjerke et al hereinafter as BJERKE
Regarding Claim 16:
STEPE / BEDFORD discloses of claim 13:
STEPE discloses of providing chamfers on certain portions of the corner assembly surfaces ( fig. 2 ),
STEPE does not explicitly discloses:
16. The corner segment according to claim 13, wherein an interface between the outer surface of the front side portion and the outer surface of the back side portion is chamfered, and has a radius of curvature of about 30 mm to about 200 mm.
CONGDON discloses:
16. The corner segment according to claim 13, wherein an interface between the outer surface of the front side portion and the outer surface of the back side portion is chamfered( para. 0042 – chamfered edges on any surface),
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the corner segment that has the chamfers on surfaces of STEPE to include wherein an interface between the outer surface of the front side portion and the outer surface of the back side portion is chamfered as taught by CONGDON. This allows for STEPE’s chamfered surfaces is a known practice to achieve any desired shape known for these elements in the art( CONGDON – para. 0042 – any surface can be machined as designed)
STEPE / BEDFORD does not disclose:
Wherein the interface has a radius of curvature of about 30 mm to about 200 mm. .
BJERKE discloses:
Wherein the interface has a radius of curvature of about 30 mm to about 200 mm. ( para. 0037 – radius of curvature)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the corner segment of STEPE to combine in light of BJERKE teaching the radius curvature of 30 – 200 mm. For STEPE these would be a design choice for the user, such a modification merely constitutes the use of a known value for interfacing of parts in corner guard elements (Paragraphs 0037-0039)
Regarding Claim 19:
STEPE / BEDFORD discloses claim 13:
STEPE discloses of a corner assembly:
STEPE does not disclose:
19. The corner segment according to claim 13, further comprising an intermediate portion, provided between the front side portion and the back side portion, the intermediate portion having an eye with an opening configured for use for lifting or moving the corner segment.
BJERKE discloses of a corner wear member, BJERKE further discloses:
19. The corner segment according to claim 13, further comprising an intermediate portion, provided between the front side portion and the back side portion, the intermediate portion having an eye with an opening configured for use for lifting or moving the corner segment. Where in the eye opening is configured for lifting the corner segment - 364)
It would be obvious to one of ordinary skill in the art before the effective filling date of applicants invention for STEPE’s corner assembly to include the ability to move of lift the corner segment , an intermediate portion, provided between the front side portion and the back side portion, the intermediate portion having an eye with an opening configured for use for lifting or moving the corner segment as taught by BJERKE. As this would allow STEPE to improve the function and usefulness by having the ability to lift the bucket through these eye hooks.
Allowable Subject Matter
Claims 7 – 12 are allowable
While corner segments are known within the art, STEPE / BEDFORD discloses of a corner segment of a replaceable wear part, does not explicitly disclose these particular portions of the amended claim limitations of claim 7:
“a base portion defining a substantially horizontal first plane, the base portion integrally formed with and adjacent to the head portion, and having an upper surface, a lower surface, a back surface, an inner surface, and at least one base bolt hole extending from the upper surface to the lower surface thereof, a substantially vertical second plane extending through the at least one bolt hole; a front side portion defining a substantially vertical third plane that is parallel to the substantially vertical second plane, the front side portion integrally formed with and adjacent to the head portion, and having an upper surface, a lower surface, a front surface, a back surface, an inner surface, and an outer surface; :a lower surface spaced a first distance from the base portion, an upper surface spaced a second distance from the head portion, and an inner surface, the protrusion being positioned between the substantially vertical second plane and the substantially vertical third plane.”
Such modifications would require too significant of a modification and would constitute an improper degree of hindsight reasoning
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 ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached on 5712720547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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