DETAILED ACTION
Acknowledgements
In the reply filed July 6, 2026, the applicant amended claims 1, 9, 15, 16, and 18,
Currently claims 1-20 are under examination.
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 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cole (U.S. Patent No. 4,074,767) in view of McCarthy (U.S. Patent No. 3,465,829)
Regarding Claim 1, Cole discloses a circle assembly for an implement of a motor grader, the circle assembly comprising:
A circle (Cole: 18); and
One or more mounting assemblies adapted to couple the circle (Cole: 18) with the implement (Cole: 31), each of the one or more mounting assemblies including:
A first bracket (Cole: 32, 33) coupled to the circle (Cole: 18), wherein the first bracket (Cole: 32, 33) includes a first arm (Cole: first 32), a second arm (Cole: second 32) axially spaced apart from the first arm (Cole: first 32), and a third arm (Cole: 33) connecting the first arm (Cole: first 32) with the second arm (Cole: second 32);
A first through-hole (Cole: Figure 5: hole through first 32 for receiving 41 therethrough) through the first arm, and
A second through-hole (Cole: Figure 5: hole through second 32 for receiving 41 therethrough) through the second arm;
A second bracket (Cole: 35, 37) removably coupled to the first bracket (Cole: 32, 33), wherein the second bracket (Cole: 35, 37) is adapted to be coupled with the implement (Cole: 31), and wherein the second bracket includes a third through-hole (Cole: Figure 5: hole through 37 for receiving 41 therethrough); and
A fastener (Cole: 41) that removably couples the first bracket (Cole: 32, 33) with the second bracket (Cole: 35, 37) via the first arm (Cole: first 32) and the second arm (Cole: second 32), wherein, when the fastener (Cole: 41) is coupled with the first bracket (Cole: 32, 33) and the second bracket (Cole: 35, 37), a portion of the second bracket (Cole: 35, 37) is axially disposed between the first arm (Cole: first 32) and the second arm (Cole: second 32).
Cole does not disclose wherein the fastener is received through the first through hole, second through hole, and the third through hole.
McCarthy discloses a fastener that is received through the first through hole, second through hole, and the third through hole (McCarthy: 14).
It would have been obvious to one having ordinary skill in the art at the time of the invention’s filing to have utilized the single rod fastener of McCarthy that connects to both arms simultaneously as old and well-known alternative to the two bolts of the invention of Cole, by one of ordinary skill in the art, in order to fasten the arms and the blade together pivotally.
Regarding Claim 2, Cole and McCarthy render obvious the circle assembly of claim 1, wherein the first bracket (Cole: 32, 33) further includes a first bushing (Cole: first 38) coupled to the first arm (Cole: first 32), and wherein, when the fastener (Cole: 41) is coupled with the first bracket (Cole: 32, 33) and the second bracket (Cole: 35, 37), the fastener (Cole: 41) is at least partially disposed in the first bushing (Cole: first 38).
Regarding Claim 3, Cole and McCarthy render obvious assembly of claim 2, wherein the fastener (Cole: 41) is a pin, wherein the pin includes a body portion and a head portion (Cole: Figure 5: first end and second end of 41), and wherein, when the fastener (Cole: 41) is coupled with the first bracket (Cole: 32, 33) and the second bracket (Cole: 35, 37), the head portion of the pin is disposed adjacent to the first bushing (Cole: first 38).
Regarding Claim 4, Cole and McCarthy render obvious the circle assembly of claim 2, wherein each of the one or more mounting assemblies further includes a first bearing (Cole: Figure 6: first rotatable interface between 38 and 41) radially disposed between the first bushing (Cole: first 38) and the fastener (Cole: 41).
Regarding Claim 5, Cole and McCarthy render obvious the circle assembly of claim 1, wherein the first bracket (Cole: 32, 33) further includes a second bushing (Cole: second 38) coupled to the second arm (Cole: second 32), and wherein, when the fastener (Cole: 41) is coupled with the first bracket (Cole: 32, 33) and the second bracket (Cole: 35, 37), the fastener (Cole: 41) is at least partially disposed in the second bushing (Cole: second 38).
Regarding Claim 6, Cole and McCarthy render obvious the circle assembly of claim 5, wherein each of the one or more mounting assemblies further includes a second bearing (Cole: Figure 6: second rotatable interface between 38 and 41) radially disposed between the second bushing (Cole: second 38) and the fastener (Cole: 41).
Regarding Claim 7, Cole and McCarthy render obvious the circle assembly of claim 1, wherein each of the one or more mounting assemblies further includes at least one third bearing (Cole: 36) radially disposed between the second bracket (Cole: 35, 37) and the fastener (Cole: 41).
Regarding Claim 8, Cole and McCarthy render obvious the circle assembly of claim 1, wherein the first bracket (Cole: 32, 33) further includes a fourth arm (Cole: 26) spaced apart from the third arm (Cole: 33) and connecting the first arm (Cole: first 32) with the second arm (Cole: second 32).
Regarding Claim 9, Cole discloses an implement (Cole: 31) assembly for a motor grader, the implement (Cole: 31) assembly comprising:
A circle assembly including: a circle (Cole: 18); and
One or more mounting assemblies that couple the circle (Cole: 18) with the implement (Cole: 31), each of the one or more mounting assemblies including:
A first bracket (Cole: 32, 33) coupled to the circle (Cole: 18), wherein the first bracket (Cole: 32, 33) includes a first arm (Cole: first 32), a second arm (Cole: second 32) axially spaced apart from the first arm (Cole: first 32), and a third arm (Cole: 33) connecting the first arm (Cole: first 32) with the second arm (Cole: second 32);
A first through-hole (Cole: Figure 5: hole through first 32 for receiving 41 therethrough) through the first arm, and
A second through-hole (Cole: Figure 5: hole through second 32 for receiving 41 therethrough) through the second arm;
A second bracket (Cole: 35, 37) removably coupled to the first bracket (Cole: 32, 33), wherein the second bracket (Cole: 35, 37) is coupled with the implement (Cole: 31), and wherein the second bracket includes a third through-hole (Cole: Figure 5: hole through 37 for receiving 41 therethrough); and
A fastener (Cole: 41) that removably couples the first bracket (Cole: 32, 33) with the second bracket (Cole: 35, 37) via the first arm (Cole: first 32) and the second arm (Cole: second 32), wherein, when the fastener (Cole: 41) is coupled with the first bracket (Cole: 32, 33) and the second bracket (Cole: 35, 37), a portion of the second bracket (Cole: 35, 37) is axially disposed between the first arm (Cole: first 32) and the second arm (Cole: second 32).
A cylinder (Cole: 43) coupled, at a first end, with the first bracket (Cole: 32, 33) and coupled, at a second end, with the second bracket (Cole: 35, 37); and an implement (Cole: 31) removably coupled with the circle assembly.
Cole does not disclose wherein the fastener is received through the first through hole, second through hole, and the third through hole.
McCarthy discloses a fastener that is received through the first through hole, second through hole, and the third through hole (McCarthy: 14).
It would have been obvious to one having ordinary skill in the art at the time of the invention’s filing to have utilized the single rod fastener of McCarthy that connects to both arms simultaneously as old and well-known alternative to the two bolts of the invention of Cole, by one of ordinary skill in the art, in order to fasten the arms and the blade together pivotally.
Regarding Claim 10, Cole and McCarthy render obvious the implement (Cole: 31) assembly of claim 9, wherein the first bracket (Cole: 32, 33) further includes a first bushing (Cole: first 38) coupled to the first arm (Cole: first 32), and wherein, when the fastener (Cole: 41) is coupled with the first bracket (Cole: 32, 33) and the second bracket (Cole: 35, 37), the fastener (Cole: 41) is at least partially disposed in the first bushing (Cole: first 38).
Regarding Claim 11, Cole and McCarthy render obvious the implement (Cole: 31) assembly of claim 10, wherein each of the one or more mounting assemblies further includes a first bearing (Cole: Figure 6: first rotatable interface between 38 and 41) radially disposed between the first bushing (Cole: first 38) and the fastener (Cole: 41).
Regarding Claim 12, Cole and McCarthy render obvious the implement (Cole: 31) assembly of claim 9, wherein the first bracket (Cole: 32, 33) further includes a second bushing (Cole: second 38) coupled to the second arm (Cole: second 32), and wherein, when the fastener (Cole: 41) is coupled with the first bracket (Cole: 32, 33) and the second bracket (Cole: 35, 37), the fastener (Cole: 41) is at least partially disposed in the second bushing (Cole: second 38).
Regarding Claim 13, Cole and McCarthy render obvious the implement (Cole: 31) assembly of claim 12, wherein each of the one or more mounting assemblies further includes a second bearing (Cole: Figure 6: second rotatable interface between 38 and 41) radially disposed between the second bushing (Cole: second 38) and the fastener (Cole: 41).
Regarding Claim 14, Cole and McCarthy render obvious the implement (Cole: 31) assembly of claim 9, wherein each of the one or more mounting assemblies further includes at least one third bearing (Cole: 36) radially disposed between the second bracket (Cole: 35, 37) and the fastener (Cole: 41).
Regarding Claim 15, Cole discloses a mounting assembly for an implement (Cole: 31) of a motor grader comprising:
A first bracket (Cole: 32, 33) adapted to be coupled to a circle (Cole: 18) of the motor grader, wherein the first bracket (Cole: 32, 33) includes a first arm (Cole: first 32), a second arm (Cole: second 32) axially spaced apart from the first arm (Cole: first 32), and a third arm (Cole: 33) connecting the first arm (Cole: first 32) with the second arm (Cole: second 32);
A first through-hole (Cole: Figure 5: hole through first 32 for receiving 41 therethrough) defined by a first bushing (Cole: 38) through the first arm, and
A second through-hole (Cole: Figure 5: hole through second 32 for receiving 41 therethrough) defined by a second bushing (Cole: 38) through the second arm;
A second bracket (Cole: 35, 37) removably coupled to the first bracket (Cole: 32, 33), wherein the second bracket (Cole: 35, 37) is adapted to be coupled with the implement (Cole: 31) and wherein the second bracket includes a third through-hole (Cole: Figure 5: hole through 37 for receiving 41 therethrough); and
A fastener (Cole: 41) that removably couples the first bracket (Cole: 32, 33) with the second bracket (Cole: 35, 37) via the first arm (Cole: first 32) and the second arm (Cole: second 32), wherein, when the fastener (Cole: 41) is coupled with the first bracket (Cole: 32, 33) and the second bracket (Cole: 35, 37), a portion of the second bracket (Cole: 35, 37) is axially disposed between the first arm (Cole: first 32) and the second arm (Cole: second 32).
Cole does not disclose wherein the fastener is received through the first through hole, second through hole, and the third through hole.
McCarthy discloses a fastener that is received through the first through hole, second through hole, and the third through hole (McCarthy: 14).
It would have been obvious to one having ordinary skill in the art at the time of the invention’s filing to have utilized the single rod fastener of McCarthy that connects to both arms simultaneously as old and well-known alternative to the two bolts of the invention of Cole, by one of ordinary skill in the art, in order to fasten the arms and the blade together pivotally.
Regarding Claim 16, Cole and McCarthy render obvious the mounting assembly of claim 15, wherein when the fastener (Cole: 41) is coupled with the first bracket (Cole: 32, 33) and the second bracket (Cole: 35, 37), the fastener (Cole: 41) is at least partially disposed in the first bushing (Cole: first 38).
Regarding Claim 17, Cole and McCarthy render obvious the mounting assembly of claim 16, wherein the mounting assembly further includes a first bearing (Cole: Figure 6: first rotatable interface between 38 and 41) radially disposed between the first bushing (Cole: first 38) and the fastener (Cole: 41).
Regarding Claim 18, Cole and McCarthy render obvious the mounting assembly of claim 15, wherein when the fastener (Cole: 41) is coupled with the first bracket (Cole: 32, 33) and the second bracket (Cole: 35, 37), the fastener (Cole: 41) is at least partially disposed in the second bushing (Cole: second 38).
Regarding Claim 19, Cole and McCarthy render obvious the mounting assembly of claim 18, wherein the mounting assembly further includes a second bearing (Cole: Figure 6: second rotatable interface between 38 and 41) radially disposed between the second bushing (Cole: second 38) and the fastener (Cole: 41).
Regarding Claim 20, Cole and McCarthy render obvious the mounting assembly of claim 15, wherein the mounting assembly further includes at least one third bearing (Cole: 36) radially disposed between the second bracket (Cole: 35, 37) and the fastener (Cole: 41).
Response to Arguments
Applicant's arguments filed July 6, 2026 have been fully considered and they are not persuasive, however upon further consideration the new elements added by the applicants amendment is rendered obvious by the combination of Cole and McCarthy as presented above.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS S WOOD whose telephone number is (571)270-5954. The examiner can normally be reached Monday through Thursday 8:30 AM - 7:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole A Coy can be reached at (571) - 272 - 5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DOUGLAS S. WOOD
Examiner
Art Unit 3672
/DOUGLAS S WOOD/Examiner, Art Unit 3672
/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672
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