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 18,567,135 filed on 12/05/2023.
Claims 2, 4 – 6 are allowed
Claims 1 – 9 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 12/05/2023 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) 1,7 – 9 are rejected under 35 U.S.C. 102(a1)(a2) as being unpatentable by US PG Pub 20120017474 – Rol Corredor et al. hereinafter as ROL CORREDOR
Regarding Claim 1:
ROL CORREDOR discloses:
A pin for coupling between a wear element and a support of an earth-moving machine, with:
An elongated body with two curved surfaces, a concave upper surface and a convex lower surface, the upper surface having an upper orifice for access to a cavity inside the body, (Fig. 18 – 3 elongated body with two curved surfaces, a convex 34, concave 33)
An elastic block arranged inside the cavity of the body with an upper surface ,and characterized in that it comprises: ( fig. 25 – Resilient element - 322, para. 143 – resilient non-metal material)
A latch partially housed in the cavity of the body, said latch (latch 32) having:
A curved outer surface, (Fig. 25 – curved outer surface) An upper surface and a lower surface (fig. 25 – upper surface and lower surface), connected by the curved outer surface( curved outer surface connects the upper surface and lower surface), the lower surface being in contact with the upper surface of the elastic block, ( lower surface is contacting the resilient element 322) A partially curved intermediate surface opposite the outer surface and after the upper surface( see fig. 25 – 32 figure shows elements), Two flat side surfaces (two flat surfaces on either side of 32 that are flat) , and A cylinder by way of rotation shaft of the latch, arranged between the intermediate surface and the lower surface, the ends thereof extending beyond the flat side surfaces of the latch. ( fig. 25 - the ends of the flat side surface of 32)
[AltContent: arrow][AltContent: textbox (Flat side surface – opposite of side 1)][AltContent: textbox (Flat side surface – side 1 )][AltContent: arrow][AltContent: arrow][AltContent: textbox (A cylinder by way of rotation)][AltContent: arrow][AltContent: textbox (Partially curved intermediate surface opposite the outer surface and after the upper surface)][AltContent: textbox (Curved outer surface)][AltContent: textbox (upper surface of the elastic block 322)][AltContent: arrow][AltContent: textbox (Lower surface)][AltContent: textbox (Upper surface)][AltContent: arrow][AltContent: arrow][AltContent: arrow]
PNG
media_image1.png
452
670
media_image1.png
Greyscale
Regarding Claim 7
ROL CORREDOR discloses:
7. (currently amended): The pin, according to claim 1, characterized in that the lower surface of the latch is flat. (fig. 25 - wherein the lower surface of the latch is flat)
Regarding Claim 8
ROL CORREDOR discloses:
[AltContent: textbox (Inner cavity)]8. (currently amended): The pin, according to claim 1, characterized in that the inner cavity of the body has a circular gap for housing the cylinder of the latch.
[AltContent: textbox (circular gap)][AltContent: arrow][AltContent: arrow]
PNG
media_image2.png
122
215
media_image2.png
Greyscale
Regarding Claim 9
9. (currently amended): A coupling system between a wear element with a cavity (Fig. 22 – wear element with a cavity) and a support with a nose of an earth-moving machine, said support comprising a convex recess in at least one of the surfaces of the nose(see figure 22 for convex recess on the nose of the support) and said wear element comprising a concave projection in at least one of the surfaces that make up the cavity( See figure 22 concave projection), such that when the nose is inserted into the cavity, the recess and the projection are aligned determining a cavity( nose and cavity are aligned to fill cavity) characterized in that it comprises a pin according to claim 1 inserted into said cavity. ( wherein the pin is shown in fig. 22)
[AltContent: textbox (latch)][AltContent: arrow][AltContent: textbox (Convex recess)]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (pin)][AltContent: textbox (Wear element with cavity)][AltContent: textbox (Nose of support)][AltContent: textbox (Concave projection within cavity)][AltContent: arrow][AltContent: arrow][AltContent: arrow]
PNG
media_image2.png
122
215
media_image2.png
Greyscale
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) 3 is rejected under 35 U.S.C. 103 as being unpatentable over US PG Pub 20120017474 – Rol Corredor et al. hereinafter as ROL CORREDOR in view of BASF: Engineeering Plastics hereinafter as BASF
Regarding Claim 3
ROL CORREDOR discloses:
(currently amended): The pin, according to claim 1, characterised in that the elastic block has a first compressible block made of resilient non metal material.
BASF discloses of nonmetal resilient material known as CELLASTO that is made of polyurethane base microcellular foam.( page 36 - CELLASTO)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the material used in the elastic block made of a resilient nonmetal material of ROK CORREDOR to utilize CELLASTO of which is a polyurethane based microcellular foam as taught by BASF. This would allow ROL CORREDOR to enhance the elastic block to insulate from noise, vibration and harshness.
Allowable Subject Matter
Claims, 2 , 4, 5 and 6 are allowable
ROL CORREDOR / BASF disclose the pin for coupling between a wear element and a support of an earth-moving machine as taught above. ROL CORREDOR / BASF does not disclose the specific details of the pin / latch or rigid block. Such a modification would require too significant of a redesign and would consititute an improper degree of hindsight reasoning.
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
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676