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 18561639 response to restriction filed 04/08/2026
Claims 1 – 15 are elected.
Claims 16 – 24 are withdrawn.
Claims 7 and 9 and 13-14 are objected
Claims 1 – 24 are currently pending and have been examined.
Election/Restrictions
Claims 16 – 24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected groups II and III, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/08/2026.
Applicant's election with traverse of group I of claims 1 – 15 in the reply filed on 04/08/2026 is acknowledged. The traversal is on the ground(s) that the unelected groups II and III does not substantially increase in burden over examining group I. This is not found persuasive because this application is a 371, the examiner states that since the application is based on the unity of invention. As the unity of invention is based on the distinctness and additional burden of the claimed groups. Thus the applicants arguments does not apply due to unity of invention.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on04/08/2026 was fully considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
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.
Claim 2 and 4 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 2 is rejected because the claims limitation is unclear with respect to “a discrete assembly”. It is unclear to determine what the meets and bounds of discrete assembly. Appropriate correction is required.
Claim 4 is rejected because the claims limitation is dependent on claim 4 of which is unclear and indefinite. Appropriate correction is required. Examiner states claim will be interpreted as depending from claim
Claim Rejections - 35 USC § 102
(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, and 8 is rejected under 35 U.S.C. 102(a1)(a2) as being unpatentable by US PG Pub 20120036743 – McClanahan et al. hereinafter as MCCLANAHAN
Regarding Claim 1
MCCLANAHAN discloses:
A wear assembly arranged to locate over a lip of a digging apparatus( fig. 1 – 103 – the lip), the lip having a first face and a second face ( fig. 1 – 103 – the lip top face – 12, bottom face 14), the lip having an aperture extending between the first face and the second face , ( Fig. 1 –hole 31 on lip) the aperture including an engaging surface and a bearing surface ;( fig. 2 – Engaging surface of hole on lip – corner section before tapered wall - 39, Bearing surface – tapered wall 39 )
the wear assembly including a wear member having at least one extending leg ( fig. 1 – wear member 100 – wear member, inner leg 136), the extending leg having an outer surface arranged to face away from the first face of the lip ( fig. 1 – wear member 100 – wear member, inner leg 136 – face away from first face) and an inner surface arranged to face towards the first face of the lip ( fig. 1 – wear member 100 – wear member, inner leg 136 – inner surface face towards from first face – see diagram), and a lock-receiving opening extending between the outer surface of the extending leg and the inner surface of the extending leg ; ( Fig. 2 – Inner leg through hole – 140 – lock receiving opening)
the lock-receiving opening and the aperture of the lip being arranged, when aligned, to form a through-hole; ( Fig. 2 – inner leg through hole – 140 – lock receiving opening and 141 are aligned )
the wear assembly including a lock having a lock body and an actuator , (fig. 2 – lock 108 – lock body and wedge – 106 - actuator ) the lock body having a locating portion and an active portion ( Fig. 2 – locating portion and fig. 6 - active portion shown on diagram), the locating portion being arranged to locate within the lip aperture , ( Fig. 2 – the locating portion within hole 31 - lip aperture) the locating portion having an engaging surface arranged to engage with the engaging surface of the lip aperture ( Fig. 2 Engaging surface on lock – locating portion –corner of lock adjacent to 116 engages with Engaging surface of hole on lip – corner section before tapered wall - 39 ) and a bearing surface arranged to bear against the bearing surface of the lip aperture ( Fig.2 - Bearing surface – inclined inner surface – 116 against surface Bearing surface – tapered wall 39) , the active portion being arranged to locate within the lock-receiving opening of the wear member , the active portion having an effective length, the actuator being located within the active portion of the lock body ; (fig. 2 - actuator – 106 – wedge locates within the active portion of lock body, fig. 5 - active portion - 126 of lock body – 108 )
the actuator being operable to alter the effective length of the active portion of the lock body , (fig. 2 - actuator – 106 – wedge the actuator having a bearing surface arranged to bear against a bearing surface of the wear member and thus restrain disengagement of the wear assembly from the lip . ( Fig. 2 wherein the bearing member part opening of 141 for the lock body 108 and actuator 106 – wedge, thus engagement into wear assembly into lip for locking mechanics.)
[AltContent: arrow][AltContent: textbox (Wear end – 138)][AltContent: arrow][AltContent: textbox (Locating portion)][AltContent: textbox (Inner surface of inner leg)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Outer surface of inner leg)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second Face)][AltContent: textbox (First face)]
PNG
media_image1.png
444
764
media_image1.png
Greyscale
[AltContent: textbox (141 bearing surface)][AltContent: arrow][AltContent: textbox (Active portion - 126)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Bearing surface – inclined inner surface - 116)][AltContent: arrow][AltContent: textbox (Engaging surface of hole on lip – corner section before tapered wall - 39)][AltContent: arrow][AltContent: textbox (Bearing surface – tapered wall 39)][AltContent: arrow][AltContent: textbox (Engaging surface on lock – locating portion –corner of lock adjacent to 116)][AltContent: textbox (locating portion )][AltContent: textbox (actuator)][AltContent: arrow][AltContent: textbox (Lock body)]
PNG
media_image2.png
984
558
media_image2.png
Greyscale
[AltContent: arrow][AltContent: textbox (Active portion)]
PNG
media_image3.png
612
634
media_image3.png
Greyscale
Regarding Claim 2
MCCLANAHAN discloses:
2. (Currently Amended) A wear assembly as claimed in claim 1, wherein the lock is formed as a discrete assembly. ( fig. 1 – the lock is discrete from the tooth)
Regarding Claim 3
MCCLANAHAN discloses:
3. (Currently Amended) A wear assembly as claimed in claim 1, wherein the bearing surface of the wear member is located within the lock-receiving opening. ( Fig. 1 wherein the surface 141 touches the actuator 106)
Regarding Claim 4
MCCLANAHAN discloses:
4. (Currently Amended) A wear assembly as claimed in claim 4, wherein the bearing surface is oriented so as to face towards a wear end of the wear member. ( fig. 2 – bearing surface 116 facing towards wear end - 138)
Regarding Claim 5
MCCLANAHAN discloses:
5. (Currently Amended) A wear assembly as claimed in claim 1wherein the actuator is able to be extended in an axial direction between a release position and a locked position, the actuator having an axial length when in the locked position greater than when in the release position. (fig. 1 - Where in actuator 106 extends in axial direction and locked position wherein the it is greater than in axial direction)
Regarding Claim 6
6. (Currently Amended) A wear assembly as claimed in claim 5, wherein the actuator (84) has an extendible member (109), such that extension of the extendible member (109) alters the effective length of the active portion (88) of the lock body (82). ( Fig. 1 such that as the actuator is pressed into position, it extends and the activated length portion of the actuator is extended. The more the actuator is in the locked position the more the actuator has an effective extended member of the actuation of the actuator)
Regarding Claim 8
8. (Currently Amended) A wear assembly as claimed in claim 1 wherein the aperture of the lip has a first wall representing the bearing surface( fig. 1 where in the aperture – 31 forms the wall of the aperture, of the lip 103 has the wall – 31), the first wall being opposed to a second wall (fig. 1 - First wall indicated below, opposite of second wall) , the engaging surface being located on the second wall. ( fig. 1 – wherein engaging surface is indicated in the figure below)
[AltContent: textbox (Engaging surface)][AltContent: arrow][AltContent: textbox (Second Wall)][AltContent: textbox (First wall)][AltContent: arrow][AltContent: arrow]
PNG
media_image1.png
444
764
media_image1.png
Greyscale
Claim(s) 10 – 12, and 15 are rejected under 35 U.S.C. 102(a1)(a2) as being unpatentable by US PG Pub 20170370076 – Campomanes et al. hereinafter as CAMPOMANES
Regarding Claim 10
CAMPOMANES discloses:
(Currently Amended) A wear member arranged to locate over a lip ( fig. 1 – 103 – the lip) of a digging apparatus, the wear member having at least one extending leg ( fig. 1 – wear member 100 – wear member, inner leg 136), the extending leg having an outer surface arranged to face away from the lip ( fig. 1 – wear member 100 – wear member, inner leg 136 – face away from first face) and an inner surface arranged to face towards the lip , ( fig. 1 – wear member 100 – wear member, inner leg 136 – inner surface face towards from first face – see diagram) and a lock-receiving opening extending between the outer surface of the extending leg and the inner surface of the extending leg; (Fig. 2 – inner leg through hole – 140 – lock receiving opening and 141 are aligned)
wherein a bearing surface of the wear member is located within the lock-receiving opening , the bearing surface being oriented towards a wear end of the wear member . ( Fig. 2 wherein the bearing surface 141 of wear member 102 )
PNG
media_image4.png
752
1066
media_image4.png
Greyscale
Regarding Claim 11
MCCLANAHAN discloses claim 10:
(Currently Amended) A wear member as claimed in claim 10, wherein the bearing surface is annular. ( fig. 3 – wherein the shape of the bearing surface is round )
Regarding Claim 12
CAMPOMANES discloses:
(Currently Amended) A bucket of a digging apparatus, the bucket having an outer lip , the lip having a first face and a second face ( fig. 5 - Outer lip – first face and second face below) , the lip having an aperture extending between the first face and the second face ,( fig. 2 – aperture 36) the aperture including an engaging surface and a bearing surface ; wherein the aperture has a first wall representing the bearing surface , the first wall being opposed to a second wall, the engaging surface being formed by a shoulder located on the second wall. ( fig. 5 – wherein the offset portion 37 - is the second wall that creates a shoulder)
[AltContent: textbox (Engaging surface)][AltContent: textbox (First Face)][AltContent: textbox (Bearing surface)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second face)]
PNG
media_image4.png
752
1066
media_image4.png
Greyscale
Regarding Claim 15
(Currently Amended) A bucket of a digging apparatus as claimed in claim 12,wherein the digging apparatus is a cable shovel. (para. 0002 - cable shovel)
Allowable Subject Matter
Claims 7,9, 13 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
While wear members are known in the prior arts , such references do not disclose the specific details that discloses all of the limitations of the claims. specifically, wherein the extendible member is formed by an externally threaded adjustment bolt located within an internally threaded barrel nut , the barrel nut having an outer head that forms the bearing surface of the actuator. wherein the engaging surface is formed by a shoulder located on the second wall. wherein the shoulder extends across the second wall in a direction parallel to the first face of the lip and wherein the distance between the first wall and the second wall is greater at the second face of the lip than at the first face of the lip. Such a modification would rely on an improper degree of hindsight reasoning, The prior art of record teaches the general concept of the invention.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
Prosecution Insights