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.
Specification
The abstract of the disclosure is objected to because the colons should be removed and the semicolons should be removed or replaced by a comma. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claims 4-5, 9-10, 13, and 19 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.
In Claims 4-5, 9-10, 13, and 19, it is unclear if the phrases after “optionally” are positively recited. It is assumed that they are not positively recited therein.
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.
Claim(s) 1, 11-15, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Durney (US 2008/0187427).
Claim 1: a first end and a second end having an elongate body extending therebetween, the body comprising:
first and second opposing panels;
third and fourth opposing panels, the third panel extending between a first edge of the first and second panels and the fourth panel extending between a second edge of the first and second panels to provide a box section;
the third and fourth panels comprising:
at least one pivot mount for connecting the working arm member to a further working arm member or the working machine; and,
at least one actuator mount for connecting a working actuator, the working actuator being operable to move the working arm member,
wherein the first, second, third and fourth panels are structurally bonded together by an adhesive (FIG. 1-4 clearly show above structures; para. [0062]-[0064] disclose adhesive bonding);
Claim 11: wherein the third and fourth panels are longer than the first and second panels (FIG. 4);
Claim 12: at least one reinforcement member located around the at least one actuator mount and/or the at least one pivot mount (FIG. 2, 44/47);
Claim 13: a plurality of pivot mounts and actuator mounts, wherein the reinforcement member comprises a plate which extends between the plurality of pivot mounts and actuator mounts, wherein, optionally, there are at least three pivot and actuator mounts (FIG. 1-2);
Claim 14: wherein the reinforcement member extends around a peripheral edge of the third and/or fourth panels (FIG. 1-2);
Claim 15: wherein the reinforcement member is flush with the peripheral edge of the third and/or fourth panels (FIG. 1-2);
Claim 18: wherein the member is a dipper of a working arm of an excavator (FIG. 1-2; 30 functions as part of a dipper);
Claim 20: a working arm member, the working arm member including:
a first end and a second end having an elongate body extending therebetween, the body comprising:
first and second opposing panels;
third and fourth opposing panels, the third panel extending between a first edge of the first and second panels and the fourth panel extending between a second edge of the first and second panels to provide a box section (FIG. 1-4 clearly show above structures);
the third and fourth panels comprising:
at least one pivot mount for connecting the working arm member to a further working arm member or the working machine;
at least one actuator mount for connecting a working actuator, the working actuator being operable to move the working arm member,
wherein the first, second, third and fourth panels are structurally bonded together by an adhesive (FIG. 1-2 clearly show above structures; para. [0062]-[0064] disclose adhesive bonding).
Allowable Subject Matter
Claims 2-3, 6-8, and 16-17 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.
Claims 4-5, 9-10, and 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter for Claims 2-10, 16-17, and 19: Durney and other prior art do not disclose (Claim 2) wherein the first panel and second panel each comprise a unitary plate arranged as a U-channel having a base wall and side walls extending therefrom, the first and second panels opposing one another such that the base walls provide opposing external walls of the box section and the side walls extend towards one another to provide the respective first and second edges between which the third and fourth panels extend.
US 2001/0038789 to Espanel et al. discloses two U-channels welded together in para. [0002]; however, Espanel does not disclose wherein the first panel and second panel each comprise a unitary plate arranged as a U-channel having a base wall and side walls extending therefrom, the first and second panels opposing one another such that the base walls provide opposing external walls of the box section and the side walls extend towards one another to provide the respective first and second edges between which the third and fourth panels extend.
The following is a statement of reasons for the indication of allowable subject matter for Claims 16-17: Durney and other prior art do not disclose (Claim 2) wherein the first and second panels comprise a first steel type having a first strength and the third and fourth panels comprise a second steel type having a second strength, wherein the second strength is greater that the first strength.
Durney discloses that steel may be used in para. [0077]; however, Durney does not disclose (Claim 16) wherein the first and second panels comprise a first steel type having a first strength and the third and fourth panels comprise a second steel type having a second strength, wherein the second strength is greater that the first strength.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2019/0316316 discloses panels at 100/102.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
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, Saul Rodriguez can be reached at (571) 272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Gerald McClain/Primary Examiner, Art Unit 3652