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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
Figures 1, 2, and 3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because (1) reference characters "12" and "14" have both been used to designate the same link half in Fig. 4, (2) reference characters “20” and “130” have both been used to designate the metal tube in Fig. 4, and (3) reference characters “18” and “32” have both been used to designate the narrow region in Fig. 4. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the pin must include a narrow region or the feature(s) canceled from the claim(s). In Fig. 3 and Fig. 4, the region of the pin marked by the reference character “18” is not any narrower than any other region of the pin. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because:
There are no views from which the section views of Fig. 3 and Fig. 4 are cut. 37 CFR 1.84(h)(3) states that “The plane upon which a sectional view is taken should be indicated on the view from which the section is cut by a broken line…”. The plane upon which the sectional view in Fig. 3 is taken should be indicated in Fig. 1. The view from which the plane upon which the sectional view in Fig. 4 is taken should be provided as a figure and the plane upon which the sectional view in Fig. 4 is taken should be indicated in that figure.
The background shading in Fig. 3 and Fig. 4 should be removed. 37 CFR 1.84(m) states that “The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object…”. The shading as provided does not aid in the understanding of the invention. The shading is not being used to indicate the surface of elements of an object. The shading reduces legibility as the viewer’s eye is drawn to it instead of the objects in the figures.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: reference character “18” refers to both the narrowed region and the elastomeric cylinder. Appropriate correction is required.
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, 3, and 5 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by the document cited in the IDS (JP S5398281), hereafter referred to as “JP”.
Re. Claim 1, JP discloses a chain connecting link including: two link halves (two U-shaped rods 1), each link half including a series of aligned holes (Fig. 2); a cylindrical pin (shaft 3) which is arranged to fit inside the holes of the link halves (Fig. 2); the pin includes a narrowed region (small-diameter portion 4); a retaining piece formed from an elastomeric material (“holding cylinder 9 made of an elastic body such as rubber or soft synthetic resin” [0002]); the retaining piece includes an aperture which locates about the narrowed region of the pin to retain the pin in place (Fig. 3).
Re. Claim 2, JP discloses the chain connecting link according to claim 1 (see rejection of claim 1 above), wherein the narrowed region is of constant diameter (Fig. 2 shows cross section of narrowed region to have constant diameter).
Re. Claim 3, JP discloses the chain connecting link according to claim 1 (see rejection of claim 1 above), wherein the narrowed region includes shoulders at each end where it transitions to the diameter of the pin (Fig. 3 shows the pin has a place where narrow region transitions to diameter of the rest of the pin)
Re. Claim 5, JP discloses the chain connecting link according to claim 1 (see rejection of claim 1 above), wherein the elastomeric retaining piece is cylindrical (holding cylinder 9 is cylindrical).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 3, 4, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kelting (US3104519A) in view of Manney et. al. (US3373560A) hereafter referred to as “Manney”.
Re. Claim 1, Kelting discloses a chain connecting link including: two link halves (U-shaped half links), each link half including a series of aligned holes (“aligned holes in the four overlapping end portions 3, 4, 5 and 6” Col. 2, Lines 3-4); a cylindrical pin which is arranged to fit inside the holes of the link halves (“a shear pin 11 is inserted in a plurality of aligned holes in the four overlapping end portions 3, 4, 5, and 6” Col. 2, Lines 2-4); a retaining piece formed from an elastomeric material (“liner 13 of compressible elastic material” Col. 2 Lines 16-17): the retaining piece locates about the pin to retain the pin in place (Col. 2, Lines 17-24).
Kelting does not disclose that the pin includes a narrowed region or that the retaining piece includes an aperture which locates about the narrowed region of the pin to retain the pin in place
Manney teaches a chain connecting link where the pin includes a narrowed region (reduced diameter portion 44); a retaining piece (protecting and locking device assembly, Fig. 6); the retaining piece includes an aperture (spring lock 40) which locates about the narrowed region of the pin to retain the pin in place (“this circlip or spring lock is engageable within the groove presented by the reduced diameter portion” Col. 3, Lines 4-5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the chain of Kelting by replacing the pin of Kelting with the pin of Manney in order to protect the retaining device from the possibility of damage (Manney Col. 1, Lines 60-64).
Re. Claim 2, Kelting, in view of Manney, discloses the chain connecting link according to claim 1 (see rejection of claim 1 above) and Manney further teaches that the narrowed region is of constant diameter (see Fig. 1 illustrated below).
Re. Claim 3, Kelting, in view of Manney, discloses the chain connecting link according to claim 1 (see rejection of claim 1 above) and Manney further teaches that the narrowed region includes shoulders at each end where it transitions to the diameter of the pin (see Fig. 1 illustrated below).
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Manney, Fig. 1 illustrated
Re. Claim 4, Kelting, in view of Manney, discloses the chain connecting link according to claim 1 (see rejection of claim 1 above) and Kelting discloses a metal sleeve (metal retaining sleeve 12) which surrounds the elastomeric retaining piece (“metal retaining sleeve 12 … having a central bore which is lined with a liner 13” Col. 2, Lines 14-16).
Re. Claim 5, Kelting, in view of Manney, discloses the chain connecting link according to claim 1 (see rejection of claim 1 above), and Kelting further discloses that the elastomeric retaining piece is cylindrical (Fig. 1 shows liner 13 is prismatic and Fig. 2 shows liner 13 has a circular cross section).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Devonshire et. al. (US2972223A) teaches a retaining piece formed from an elastomeric material. Fink (US3828550A) teaches a cylindrical pin which includes a narrowed region.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM D DICKSTEIN whose telephone number is (571) 272-1847. The examiner can normally be reached Monday - Friday 8:00 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM DOUGLAS DICKSTEIN/Patent Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725