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 Non-Final action is in reply to the application 18/540,559 filed on 12/14/2023.
Claims 1 – 20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on was filed after the mailing date of the 12/16/2025, 12/14/2023 are fully considered by examiner The submission is in compliance with the provisions of 37 CFR 1.97.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1- 6, 8, 10 – 16, and 18 are rejected under 35 U.S.C. 102(a1)(a2) as being unpatentable over US Patent 6249992 – Irving et al. hereinafter as IRVING
Regarding Claim 1
IRVING discloses:
1. A snow wing assembly for a machine, comprising:
a moldboard; (Fig. 2 - Blade 12)
a linkage assembly comprising:
a first linkage coupled to the moldboard; (Fig. 2 – first linkage - pivot hinge with outer U-shaped plate 17 , moldboard – blade 12)
a second linkage pivotally coupled to the first linkage at a first outboard end of the second linkage; (Fig. 2 – second linkage - bottom box beam 18 couple to first linkage - pivot hinge with outer U-shaped plate 17, first outboard end of bottom box beam 18, moldboard – blade 12)
a third linkage pivotally coupled to the first linkage at a second outboard end of the third linkage; and ( Fig. 2 – Third Linkage - One cylinder 21, first linkage pivot hinge outer U-shaped plate 17, second outboard end of third linkage one cylinder 21)
a fourth linkage coupled to the machine and pivotally coupled to a first inboard end of the second linkage and a second inboard end of the third linkage; ( Fig. 2 – fourth linkage - inner U-shaped plate 16, coupled to tractor, connected to inboard end of second linkage - bottom box beam 18, and second inboard end of the third linkage - One cylinder 21)
wherein the third linkage is selectively adjustable to vary a distance between the second outboard end and the second inboard end for tilting the moldboard. ( Fig. 2 –wherein third linkage - One cylinder 21 can adjust distance)
[AltContent: textbox (Fourth linkage - inner U-shaped plate 16,)]
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[AltContent: textbox (Inboard end second linkage 18 )][AltContent: arrow][AltContent: textbox (tractor)][AltContent: textbox (First linkage – pivot hinge with outer U-shaped plate 17)][AltContent: arrow][AltContent: textbox (second outboard end of third linkage one cylinder 21)][AltContent: arrow][AltContent: textbox (Third Linkage - One cylinder 21)][AltContent: textbox (Second Linkage - bottom box beam 18)][AltContent: textbox (First outboard end of second linkage 18 connected to linkage 1 -hinge 17)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Moldboard – blade 12)][AltContent: arrow][AltContent: arrow]
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Regarding Claim 2 IRVING discloses claim 1
2. The snow wing assembly of claim 1, wherein the linkage assembly extends non- perpendicularly from a centerline of the machine. ( fig. 1 - Wherein the linkage assembly is not perpendicular to centerline of machine)
Regarding Claim 3
IRVING discloses claim 1
3. The snow wing assembly of claim 1, the second linkage comprising a hydraulic actuator and at least one side member, the at least one side member defining an opening, the opening configured to receive at least one hydraulic hose in fluid communication with the hydraulic cylinder. ( fig.4 – second linkage - bottom box beam 18 has a lower cylinder 22, second linkage has a side member on the bottom box beam 18, based on broadest reasonable interpretation the side member defining an opening is interpreted such that the side member connects to the top of bottom box beam and creates an opening between second linkage and hydraulic cylinders)
Regarding Claim 4
IRVING discloses claim 1
4. The snow wing assembly of claim 1, wherein the third linkage is a hydraulic cylinder (Fig. 4 – third linkage - hydraulic cylinder 21)
Regarding Claim 5
IRVING discloses claim 1
5. The snow wing assembly of claim 1, the moldboard comprising an outboard side (Fig. 1 the side piece that is on the outboard side of the blade) and an inboard side opposite the outboard side(Fig. 2 - the side piece that is on the inboard side of the blade toward the hinge of outer U-shaped plate 17), wherein an extension of the third linkage is configured tilt the outboard side downwards relative to the inboard side.( fig. 4 - extending cylinder 21 would tilt outboard side downwards)
Regarding Claim 6
IRVING discloses claim 1
6. The snow wing assembly of claim 1, the moldboard comprising an outboard side ( Fig. 1 the side piece that is on the outboard side of the blade)and an inboard side opposite the outboard side(Fig. 2 - the side piece that is on the inboard side of the blade toward the hinge of outer U-shaped plate 17), wherein a retraction of the third linkage is configured tilt the outboard side upwards relative to the inboard side. ( fig. 4 - retracting cylinder 21 would tilt outboard side upwards)
Regarding Claim 8
IRVING discloses claim 1
8. The snow wing assembly of claim 1, wherein the moldboard is pivotally coupled to the first linkage at a pivot( fig. 4 – blade 12 pivotally coupled to the hinge 27 connected to first linkage pivot hinge with outer U-shaped plate 17) , the linkage assembly further comprising a rear linkage assembly including an actuator configured to selectively rotate the moldboard relative to the first linkage about the pivot to rotate the moldboard between a deployed position and a stowed position. (fig. 5 - hydraulic cylinder 35 to pivot the angle of the blade relative to the first linkage)
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Regarding Claim 10
IRVING discloses claim 8
10. The snow wing assembly of claim 8, the moldboard comprising a bottom, the actuator configured to retract to move the moldboard to a stowed position, the stowed position including the bottom of the moldboard positioned substantially parallel with a ground surface and above a rear wheel of the machine. ( FIG. 9 is a view of a vehicle with the blade raised parallel to the vehicle, and see 8. A side wing plow assembly as claimed in claim 7 wherein the blade is adapted to swing into a transport (stowed) position in which the blade is raised and substantially parallel to the longitudinal axis of the vehicle.)
Regarding Claim 11
IRVING discloses claim 10
11. The snow wing assembly of claim 10, wherein in the stowed position, a portion of the moldboard extending across a portion of a window of the machine defines an upper viewing window above a top of the moldboard and a lower viewing window below the bottom of the moldboard. ( fig. 9 and fig. 1 - based on the driver and the angles of the images, the driver should be about view the of the blade upper and lower portions of the blade as it is sits parallel)
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Regarding Claim 12
IRVING discloses claim 1
12. The snow wing assembly of claim 1, the moldboard comprising a bottom, wherein the linkage assembly is configured to extend non-perpendicularly from a centerline of the machine such that at least a portion of the bottom is visible from a cab of the machine. ( moldboard has a bottom and should be visible based on fig. 9 and fig. 1)
Regarding Claim 13
IRVING discloses claim 1
13. The snow wing assembly of claim 1, the second linkage including a first aperture and the fourth linkage including a second aperture, the first aperture and the second aperture configured to receive a pin, the pin configured to prevent the second linkage from rotating relative to the fourth linkage with the pin received in the first aperture and the second aperture. (Fig. 2 – second linkage – 18, has an aperture, fourth linkage 16 and a second aperture, and a pin 19 prevents linkage rotation relative to fourth linkage 16)
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Regarding Claim 14
IRVING discloses
14. A linkage assembly for a machine, comprising:
a first linkage defining a first axis; (fig. 2 – First linkage – pivot hinge with outer U-shaped plate 17)
a second linkage pivotally coupled with the first linkage at a first outboard end of the second linkage; (Fig. 2 – second linkage - bottom box beam 18 couple to first linkage - pivot hinge with outer U-shaped plate 17, first outboard end of bottom box beam 18, moldboard – blade 12)
a third linkage pivotally coupled with the first linkage at a second outboard end of the third linkage; ( Fig. 2 – Third Linkage - One cylinder 21, first linkage pivot hinge outer U-shaped plate 17, second outboard end of third linkage one cylinder 21)
a fourth linkage configured to couple with the machine, the fourth linkage pivotally coupled with a first inboard end of the second linkage and a second inboard end of the third linkage, ( Fig. 2 – fourth linkage - inner U-shaped plate 16, coupled to tractor, connected to inboard end of second linkage - bottom box beam 18, and second inboard end of the third linkage - One cylinder 21)
wherein the third linkage is selectively adjustable to alter an orientation of the first axis with respect to a ground surface. ( Fig. 2 –wherein third linkage - One cylinder 21 can adjust distance to change orientation)
Regarding Claim 15
IRVING discloses claim 14:
15. The linkage assembly of claim 14, wherein the third linkage is extendable to rotate the first linkage about a second axis, wherein the second linkage is coupled to the first linkage at the second axis. ( fig. 2 – extending cylinder 21 rotates first linkage about a second axis.)
Regarding Claim 16
IRVING discloses claim 14
16. The linkage assembly of claim 14, wherein at least the second linkage comprises an actuator, the actuator selectively adjustable to rotate the second linkage relative to the fourth linkage. ( fig.4 – second linkage - bottom box beam 18 has a lower cylinder 22, adjust to rotate relative to the fourth linkage 16 )
Regarding Claim 18
IRVING discloses
18. A snow wing assembly for a machine, comprising:
a first linkage assembly, comprising:
a first linkage; (fig. 2 – First linkage – pivot hinge with outer U-shaped plate 17)
a second linkage coupled with the first linkage at a first outboard end of the second linkage and pivotable about a tilt axis; (Fig. 2 – second linkage - bottom box beam 18 couple to first linkage - pivot hinge with outer U-shaped plate 17, first outboard end of bottom box beam 18, moldboard – blade 12)
a third linkage comprising a first actuator, the third linkage coupled with the first linkage at a second outboard end of the third linkage; ( Fig. 2 – Third Linkage - One cylinder 21, first linkage pivot hinge outer U-shaped plate 17, second outboard end of third linkage one cylinder 21)
a fourth linkage configured to couple with the machine, the fourth linkage pivotally coupled with the second linkage at a first inboard end of the second linkage and the third linkage at a second inboard end of the third linkage; ( Fig. 2 – fourth linkage - inner U-shaped plate 16, coupled to tractor, connected to inboard end of second linkage - bottom box beam 18, and second inboard end of the third linkage - One cylinder 21)
a second linkage assembly coupled, at a third inboard end of the second linkage assembly, to the machine, the second linkage assembly comprising a second actuator; and ( fig.4 – second linkage - bottom box beam 18 has a lower cylinder 22)
a moldboard comprising an outboard side ( Fig. 1 the side piece that is on the outboard side of the blade) and an inboard side opposite the outboard side(Fig. 2 - the side piece that is on the inboard side of the blade toward the hinge of outer U-shaped plate 17), the moldboard coupled with the first linkage on the inboard side and pivotable about an angle axis, (fig. 2 and fig.4 - First linkage is pivot hinge with outer U-shaped plate 17, second actuator – cylinder 22 – pivots about axis 24 for an angle axis)the moldboard pivotally coupled with a third outboard end of the second linkage assembly on the outboard side, the first actuator configured to rotate the moldboard about the tilt axis( third linkage – cylinder 21 tilts about axis of pin 20) and the second actuator configured to rotate the moldboard about the angle axis. (second actuator – cylinder 22 – pivots about axis 24 for an angle axis)
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) 9 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 6249992 – Irving et al. hereinafter as IRVING in view of CA3129773 – Niemela et al. hereinafter as NIEMELA
Regarding Claim 9
IRVING discloses claim 8
IRVING discloses the rear linkage assembly of the snow plow
NIEMELA discloses of a snow plow that has a linkage that includes a relief valve configured to prevent a pressure within the actuator from exceeding a threshold amount. (page 20, first paragraph - The hydraulic cylinder 214 may include a relief valve or otherwise be hydraulically linked to the actuator 220 in a manner such that upon an impact event at the blade assembly 116, the hydraulic pressure increase in the hydraulic cylinder 214 from the impact at the blade assembly 116 directs high pressure fluid to the actuator 220 to force the entire blade assembly 116 upwardly to further reduce or eliminate damage to the apparatus 210 or vehicle 112 )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for IRVING’s rear linkage assembly of the snow plow wing that has an actuator to utilize a linkage that includes a relief value to prevent a pressure within the actuator from exceed a threshold amount as taught by NIEMELA. This would allow IRVING to redirect high pressure and to eliminate damage to the plow or vehicle. (page 20, first paragraph - … relief valve or otherwise be hydraulically linked to the actuator 220 in a manner such that upon an impact event …reduce or eliminate damage to the apparatus 210 or vehicle 112 )
Claim(s) 7, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 6249992 – Irving et al. hereinafter as IRVING in view of US PG Pubs 20130300095 – Wrensch et al. hereinafter as WRENSCH
Regarding Claim 7
IRVING discloses claim 1
IRVING discloses wherein the first outboard end of the second linkage is coupled to the first linkage at a pivot and the second outboard end of the third linkage is coupled to the first linkage.
WRENSCH discloses of the second outboard end of the third linkage is couple to the first linkage via a float member, WRENSCH discloses:
the second outboard end of the third linkage is coupled to the first linkage via a float member, the float member slidably coupled to the second outboard end to allow the moldboard to freely rotate about the pivot by an amount. (para. 0021 – wherein there is a float feature between the actuator 20 (third linkage) to the front arm (first linkage). The float feature is a bushing that is secured on the actuator ( third linkage).)
It would be obvious to one of ordinary skill in the art for IRVINGs linkages of the first outboard end of the second linkage is coupled to the first linkage at a pivot and the second outboard end of the third linkage is coupled to the first linkage includes a float member between the third linkage and first linkage, such that the second outboard end of the third linkage is coupled to the first linkage via a float member, the float member slidably coupled to the second outboard end to allow the moldboard to freely rotate about the pivot by an amount as taught by WRENSCH. This would allow IRVING to provide movement between the linkages to reduce excessive load. (WRENSCH - Para. 0021)
Regarding Claim 17
IRVING discloses claim 14
IRVING discloses wherein the first outboard end of the second linkage is coupled to the first linkage at a pivot and the second outboard end of the third linkage is coupled to the first linkage.
WRENSCH discloses of the second outboard end of the third linkage is couple to the first linkage via a float member, WRENSCH discloses:
the second outboard end of the third linkage is coupled to the first linkage via a float member, the float member slidably coupled to the second outboard end to allow the moldboard to freely rotate about the pivot by an amount. (para. 0021 – wherein there is a float feature between the actuator 20 (third linkage) to the front arm (first linkage). The float feature is a bushing that is secured on the actuator ( third linkage).)
It would be obvious to one of ordinary skill in the art for IRVINGs linkages of the first outboard end of the second linkage is coupled to the first linkage at a pivot and the second outboard end of the third linkage is coupled to the first linkage includes a float member between the third linkage and first linkage, such that the second outboard end of the third linkage is coupled to the first linkage via a float member, the float member slidably coupled to the second outboard end to allow the moldboard to freely rotate about the pivot by an amount as taught by WRENSCH. This would allow IRVING to provide movement between the linkages to reduce excessive load. (WRENSCH - Para. 0021)
Regarding Claim 20
IRVING discloses claim 18
IRVING discloses wherein the first outboard end of the second linkage is coupled to the first linkage at a pivot and the second outboard end of the third linkage is coupled to the first linkage.
WRENSCH discloses of the second outboard end of the third linkage is couple to the first linkage via a float member, WRENSCH discloses:
the second outboard end of the third linkage is coupled to the first linkage via a float member, the float member slidably coupled to the second outboard end to allow the moldboard to freely rotate about the pivot by an amount. (para. 0021 – wherein there is a float feature between the actuator 20 (third linkage) to the front arm (first linkage). The float feature is a bushing that is secured on the actuator ( third linkage).)
It would be obvious to one of ordinary skill in the art for IRVINGs linkages of the first outboard end of the second linkage is coupled to the first linkage at a pivot and the second outboard end of the third linkage is coupled to the first linkage includes a float member between the third linkage and first linkage, such that the second outboard end of the third linkage is coupled to the first linkage via a float member, the float member slidably coupled to the second outboard end to allow the moldboard to freely rotate about the pivot by an amount as taught by WRENSCH. This would allow IRVING to provide movement between the linkages to reduce excessive load. (WRENSCH - Para. 0021)
Claim(s) 19 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 6249992 – Irving et al. hereinafter as IRVING in view of US PG Pub20220136193 – Weihl et al. hereinafter as WEIHL
Regarding Claim 19
IRVING discloses claim 18
IRVING discloses of a snow plow that has actuators WEIHL discloses an accumulator fluidly coupled with the second actuator, WEIHL further discloses:
an accumulator fluidly coupled with the second actuator and configured to allow the second actuator to retract by a predefined amount. (para. [0081] In one embodiment, the cap side 1147 of the actuator 1145 may include an accumulator (e.g., a reservoir or tank) for the compressible gas. The accumulator may be integrated into the cap side 1147 of the actuator 1145 or may be external to the actuator 1145.)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for IRVING’s snow plow that utilizes hydraulic actuators to utilize hydraulic actuators with an accumulator in order to retract a certain predefined amount as disclosed in WEIHL. This would allow IRVING to facilitate longer travel of with an external accumulator as a lack of an accumulator may not have enough gas pressure through the range of motion to retract in response to an obstruction. ( para. 00116)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 114086499 – QI - Snow Shoveling Device And Land Scraper, 4 bar two stage wing plow
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671