DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
2. Claim 10 is objected to because of the following informalities:
· The term “flat” should be replaced with the term --planar-- to describe the invention without using indefinite terms.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
3. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
4. Claims 1, 6, 7, and 12 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Caldwell (US3714976A).
Regarding claim 1, Caldwell discloses a connecting element (20 “traction clear member”; Fig. 1) for connecting link chains (22 “chain linkages” and/or 28 “side chain”; Figs. 1 and 3), comprising: a base portion (32 “ring-shaped base”; Figs. 1 and 3) defining a central hole (34; Col. 2, lines 52-54; Figs. 1 and 3), wherein the connecting element 20 comprises a plurality of curved portions (44 “hook”; Figs. 1 and 3) extending from the base portion 32, wherein the curved portions 44 releasably connect ends of the link chains 22/28 to the connecting element 20 (Abstract; Col. 1, lines 54-66), and wherein each of the plurality of curved portions 44 is curved towards the centre hole 34 (As shown in Fig. 3, the curved portions 44 are curved towards the central hole 34; Examiner interprets that the claim language specifies only the direction of curvature of the curved portions, but does not specify the location of the curved portions) .
Regarding claim 6, Caldwell discloses each of the plurality of curved portions has an inner edge having an semi-circular cross section (Refer to the inner edge and semi-circular cross section in the below annotated Fig. 3; Fig. 4).
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Examiner’s annotated Fig. 3 of Caldwell
Regarding claim 7, Caldwell discloses a distance between the inner edge and an outer edge (Refer to the outer edge in the above annotated Fig. 3) of the curved portion 44 decreases towards a tip (Refer to the tip in the above annotated Fig. 3; Fig. 4) of the curved portion 44.
Regarding claim 12, Caldwell discloses the connecting element 20 is made in one piece by casting (Col. 1, lines 67-69; Col. 2, lines 59-61) or forging.
Claim Rejections - 35 USC § 103
5. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
6. Claims 1, 2, 8-11, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sunde (US1635017A) in view of Caldwell (US3714976A).
Regarding claim 1, Sunde discloses a connecting element (7 “body portion”, 9 “coupling members”, and 10 “inturned bill”, when considered together, correspond to the claimed connecting element; Figs. 1 and 2; Lines 70-82 on page 1) for connecting link chains (3 and 4 “tread chain sections”), comprising: a base portion (7 and 9) defining a centre hole (Figs. 1 and 2), wherein the connecting element (7, 9, and 10) comprises a plurality of curved portions (10; Fig. 2) extending from the base portion (7 and 9), and wherein each of the plurality of curved portions (10) is curved towards the centre hole (Fig. 2), but fails to disclose the curved portions releasably connect ends of the link chains to the connecting element.
Caldwell, however, teaches a detachable connection arrangement in which traction cleat members 20 are detachable connected to each other and to side chains 28 (Figs. 1, 3, and 4; Abstract; Col. 1, lines 54-66).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified the hook-like coupling members 9 of Sunde by incorporating the detachable connection arrangement, as taught by Caldwell, thereby allowing the curved portions to releasably connect the ends of the link chains to the connecting element, with the motivation to facilitate assembly, disassembly, adjustment, and replacement of the tire chain.
Regarding claim 2, Sunde further discloses the tips (Refer to the tips in the below annotated Fig. 2) of the plurality of curved portions (10) are arranged to extend in an essentially perpendicular manner in relation to a plane defined by the base portion (7 and 9; Figs. 1 and 2).
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Examiner’s annotated Fig. 2 of Sunde
Regarding claim 8, Sunde further discloses the connecting element (7, 9, and 10) comprises at least three curved portions (Refer to the curved portions in the below annotated Fig. 2).
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Examiner’s annotated Fig. 2 of Sunde
Regarding claim 9, Sunde further discloses the connecting element (7, 9, and 10) has an even number of curved portions (Refer to the above annotated Fig. 2), and wherein the curved portions are arranged in pairs opposite to each other (Refer to the above annotated Fig. 2).
Regarding claim 10, Sunde further discloses the base portion (7 and 9) has a flat or curved shape (Figs. 1 and 2).
Regarding claim 11, Sunde further discloses the base portion (7 and 9) has a form of a circular or polygonal ring (Figs. 1 and 2).
Regarding claim 14, Sunde further discloses the connecting element (7, 9, and 10) is made of iron alloy (Lines 52-56 on page 1).
Regarding claim 15, Sunde, as modified by Caldwell, discloses a traction chain (1 “chain”; Fig. 1), comprising: wherein the traction chain (1) comprises a plurality of the connecting elements (7, 9, and 10) of claim 1 releasably connecting (The limitations are disclosed as discussed above with respect to claim 1) the plurality of link chains (3-6) to each other (Although only a single connecting element is shown in Fig. 1, the disclosed traction chain necessarily comprises multiple instances of the anti-skid device to interconnect the plurality of tread chain sections).
7. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sunde, as modified by Caldwell, as applied to claims 1, 2, 8-11, 14, and 15 above, and further in view of Coles (US10266021B2; hereinafter “Coles”).
Regarding claim 3, Sunde, as modified by Caldwell, fails to disclose the tips of the plurality of curved portions are arranged to extend into the centre hole.
Coles, however, teaches the tips of the plurality of curved portions are arranged to extend into the centre hole (Refer to the below annotated Fig. 3).
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Examiner’s annotated Fig. 3 of Coles et al
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, and with a reasonable expectation of success, to have modified the connecting element of Sunde, as modified by Caldwell, by extending the tips of the curved portions into the centre hole as taught by Coles, with the motivation to improve retention of the connected link chains and reduce the risk of disengagement.
8. Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Caldwell in view of Coles et al (US10266021B2; hereinafter “Coles”) as applied to claims 1, 6, 7, and 12 above.
Regarding claims 4 and 5, Caldwell fails to disclose each of the plurality of curved portions has planar sides and the planar sides of the curved portions are tilted relative to each other.
Coles et al, however, teaches the planar sides (6 and 7 “first and second side faces”; Figs. 4-7 and 15) of the curved portions (Refer to the curve portions in the below annotated Fig. 5) are tilted relative to each other (Figs. 6, 7, and 15).
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Examiner’s annotated Fig. 5 of Coles et al
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, and with a reasonable expectation of success, to have modified the curved portions 44 of the cast traction cleat member 20 of Caldwell such that each of the curved portions has planar sides, the planar sides being tilted relative to each other, as taught by Coles et al, with the motivation to facilitate manufacture of the connecting element.
9. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Sunde, as modified by Caldwell, as applied to claims 1, 2, 8-11, 14, and 15 above, and further in view of Daniel (US4020886A).
Regarding claim 13, Sunde, as modified by Caldwell, fails to disclose the connecting element is made from several parts that are joined together by welding.
Daniel, however, teaches forming a chain connecting structure (Fig. 2) from separate components (3 “base portion of the member” and 1 “ring”) that are joined together by welding (Col. 2 lines 6-34).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, and with a reasonable expectation of success, to have modified the connecting element (7, 9, and 10) of Sunde from separate components jointed together by welding, as taught by Daniel, with the motivation to utilize a known joining technique for assembling a chain connecting structure from multiple components while providing the same connecting function.
Response to Arguments
10. Applicant’s arguments with respect to claim 1 have been considered but are moot because of the new ground of rejection.
Allowable Subject Matter
11. Claims 16 and 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.
Conclusion
12. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAEKWON CHOI whose telephone number is (571) 272-5805. The examiner can normally be reached on M-F from 9 am to 5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano, can be reached at telephone number (571) 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAEKWON CHOI/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615