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 .
Claim Objections
Claim 11 is objected to because of the following informalities:
Claim 11, line 2 recites the limitation “a frame” which should be changed to “the frame”.
Appropriate correction is required.
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 (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 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 Applicant’s Admitted Prior Art (AAPA) in view of Tiede et al. (US 2021/0101650 A1) and Agnew (US 2023/0124346 A1).
For claim 1, AAPA discloses a tandem wheel assembly 300 [for a track system] (page 18, paragraph [0091]), the tandem wheel assembly comprising:
a wheel-carrying structure 300,
[the wheel-carrying structure including a first portion (portion comprising 312, 314) extending on one side of the wheel-carrying structure and a second portion (portion comprising 322, 324) extending on the other side of the wheel-carrying structure] (fig. 3B);
a first wheel 382 and a second wheel 384 [rotationally connected to the first portion] (fig. 8A, page 18, paragraph [0091]),
[the first wheel being longitudinally spaced by a first distance from the second wheel] (figs. 3B and 8A); and
a third wheel 382 and a fourth wheel 384 [rotationally connected to the second portion] (fig. 8A, page 18, paragraph [0091]), [the third wheel being longitudinally spaced by a second distance from the fourth wheel] (figs. 3B and 8A), but does not explicitly disclose
the wheel-carrying structure pivotably connectable to a frame of the track system, the wheel-carrying structure being configured to pivot relative to the frame about a pivot axis,
the second distance being different from the first distance.
Tiede et al. discloses a track-module apparatus 10 comprising a leading idler arm; a trailing idler arm 16; a leading-arm suspension element 58; a trailing-arm suspension element 60; a front bogie connecting arm 66; a rear bogie connecting arm 68; a front ground-engaging bogie-wheel set 80; a rear ground-engaging bogie-wheel set 82; [front bogie-wheel set includes two tandem pairs of bogie wheels, front-set front pair 84 and front-set rear pair 86; each of these tandem pairs includes a corresponding axle 84a and 86a to which bogie wheels 84 and 86, respectively, are rotatably attached; bogie axles 84a and 86a are attached to each end of a bogie support 96 which is rotatably attached to bogie-connecting-arm distal end 70; and rear bogie-wheel set includes a similar structure as the front bogie-wheel set] (page 4, paragraph [0054]); but does not explicitly disclose the second distance being different from the first distance.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the frame and track of Tiede et al. with the wheel-carrying structure of AAPA with a reasonable expectation of success because it would allow for distributing loads evenly during traversal over uneven ground, thus reducing overall maintenance costs.
Agnew discloses a vehicle 300 comprising [a main frame 310 having a lower frame 311 and an upper frame 312; each side of the lower frame operatively supports two rigid axles 328] (page 10, paragraph [0096]); [each axle is configured to operatively support a tractive element 319, each tractive element is configured as an endless track pod 319] (page 10, paragraph [0097]); the endless track pod comprising a track frame 350 including [an inboard support plate 358 includes a first exterior plate 358A that is coupled to a first interior plate 358B, the first exterior plate defines a first plurality of holes 398 to rotatably receive and support corresponding roller axle 396 of a first roller 390A and third roller 392A] (page 12, paragraph [0110]); [an outboard support plate 360 includes a second exterior plate 360A having a second plurality of holes 402 configured to rotatably receive and support corresponding roller axle 396 of a second roller 390B and fourth roller 392B] (page 12, paragraph [0112]); and [a first ratio of a first roller offset distance 406 to a pitch of embeds and a second ratio of a second roller offset distance 412 to a pitch of the embeds can range between greater than 0.4 and less than 0.5; moreover, the first and second ratios may not be equal to one another and at least one may be a multiple of 0.5] (page 13, paragraph [0118]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the spacing of Agnew with the wheel-carrying structure of AAPA modified as above with a reasonable expectation of success because it would allow for an improved roller configuration, thus improving overall ride quality.
For claim 2, AAPA modified as above discloses the tandem wheel assembly [wherein the tandem wheel assembly is selectively connectable to the frame of the track system] (fig. 3B of AAPA and fig. 7A of Tiede, wherein the wheel-carrying structure may be rotated such that first axles 312, 314 are repositioned from a first side of the longitudinal center plane 310 to a second side of the longitudinal center plane).
For claim 3, AAPA modified as above discloses the tandem wheel assembly [wherein the tandem wheel assembly is connectable to the frame in one of a first orientation and a second orientation] (fig. 3B of AAPA and fig. 7A of Tiede, wherein the wheel-carrying structure may be rotated such that first axles 312, 314 are repositioned from a first side of the longitudinal center plane 310 to a second side of the longitudinal center plane).
For claim 4, AAPA modified as above discloses the tandem wheel assembly [wherein in the first orientation, the first portion of the wheel-carrying structure is disposed on a first side of the frame, and in the second orientation, the second portion of the wheel-carrying structure is disposed on the first side of the frame] (fig. 3B of AAPA and fig. 7A of Tiede, wherein the wheel-carrying structure may be rotated such that first axles 312, 314 are repositioned from a first side of the longitudinal center plane 310 to a second side of the longitudinal center plane).
For claim 5, AAPA modified as above discloses the tandem wheel assembly [wherein at least one of the first distance and the second distance is different from a pitch of traction lugs, and discrete multiples thereof, of an endless track of the track system] (page 13, paragraph [0118] of Agnew).
For claim 6, AAPA modified as above discloses the tandem wheel assembly [wherein the wheel-carrying structure is symmetrical about a lateral center plane of the wheel-carrying structure] (fig. 3B).
For claim 7, AAPA modified as above discloses the tandem wheel assembly [wherein the wheel-carrying structure is asymmetrical about a lateral center plane of the wheel-carrying structure] (fig. 10 of Agnew).
For claim 8, AAPA modified as above discloses the tandem wheel assembly [wherein the first distance is a sum of (i) a radius of the first wheel, (ii) a radius of the second wheel and (iii) a longitudinal clearance distance between the first wheel and the second wheel] (fig. 10 of Agnew).
For claim 9, AAPA modified as above discloses the tandem wheel assembly [wherein the second distance is a sum of (i) a radius of the third wheel, (ii) a radius of the fourth wheel and (iii) a longitudinal clearance distance between the third wheel and the fourth wheel] (fig. 10 of Agnew).
For claim 10, AAPA modified as above discloses the tandem wheel assembly wherein:
the first portion comprises a first carrying-arm including:
a first axle 312 [onto which the first wheel is mounted] (page 18, paragraph [0091]), and
a second axle 314 [onto which the second wheel is mounted] (page 18, paragraph [0091]), and
the second portion comprises a second carrying-arm including:
a third axle 322 [onto which the third wheel is mounted] (page 18, paragraph [0091]), and
a fourth axle 324 [onto which the fourth wheel is mounted] (page 18, paragraph [0091]).
For claim 11, AAPA modified as above discloses a track system comprising:
a frame 14, 16; and
one or more tandem wheel assembly, [each of the one or more tandem wheel assembly being pivotably connected to the frame] (page 4, paragraph [0051] of Tiede et al., via trailing-arm suspension-element lower end 64 and leading-arm-suspension-element lower end 62).
For claim 12, AAPA modified as above discloses the track system [wherein at least one of the one or more wheel assemblies is further removably connected to the frame] (fig. 7A, page 4, paragraph [0054]).
For claim 13, AAPA modified as above discloses the track system [wherein at least one of the one or more tandem wheel assembly is further connected to the frame in at least one of:
a first configuration in which the at least one tandem wheel assembly is connected to the frame such that first and second wheel thereof are disposed inwardly from a longitudinal center plane of the track system and towards the vehicle, and
a second configuration, in which the at least one tandem wheel assembly is connected to the frame such that first and second wheel thereof are disposed outwardly from a longitudinal center plane of the track system and away from the vehicle] (fig. 3B of AAPA and fig. 7A of Tiede, wherein the wheel-carrying structure may be rotated such that first axles 312, 314 are repositioned from a first side of the longitudinal center plane 310 to a second side of the longitudinal center plane).
For claim 14, AAPA modified as above discloses the track system wherein:
[the one or more tandem wheel assembly comprises a plurality of wheel assemblies] (fig. 3 of Tiede), and
[one tandem wheel assembly of the plurality of wheel assemblies in the first configuration, and
a second tandem wheel assembly of the plurality of wheel assemblies is in the second configuration] (fig. 3B of AAPA and fig. 7A of Tiede, wherein the wheel-carrying structure may be rotated such that first axles 312, 314 are repositioned from a first side of the longitudinal center plane 310 to a second side of the longitudinal center plane),
[another tandem wheel assembly of the of the plurality of wheel assemblies is further selectively connected to the frame in a third configuration where the other tandem wheel assembly is connected to the frame such that first and second wheel thereof are disposed inwardly from a longitudinal center plane of the track system and towards the vehicle] (fig. 3B of AAPA and fig. 7A of Tiede, wherein the wheel-carrying structure may be rotated such that first axles 312, 314 are repositioned from a first side of the longitudinal center plane 310 to a second side of the longitudinal center plane).
For claim 15, AAPA modified as above discloses a vehicle 300 comprising:
a frame 310 of Agnew;
[at least one track system operatively connected to the frame] (page 10, paragraph [0096] of Agnew); and
[a powertrain supported by the frame and configured to generate power and transmit said power to the at least one track system] (page 6, paragraph [0074] of Agnew).
For claim 16, AAPA modified as above discloses the vehicle wherein:
[the at least one track system is a plurality of track system comprising a first track system and a second track system] (fig. 5 of Agnew),
[the first track system comprises a first tandem wheel assembly, and
the second track system comprises a second tandem wheel assembly] (fig. 5 of Agnew).
For claim 17, AAPA modified as above discloses the vehicle [wherein the first and second wheel assemblies are in a first configuration, in which the first and second wheel assemblies are connected to the frame such that first and second wheel thereof are disposed inwardly from a longitudinal center plane of the track system and toward the vehicle] (fig. 3B of AAPA and fig. 7A of Tiede, wherein the wheel-carrying structure may be rotated such that first axles 312, 314 are repositioned from a first side of the longitudinal center plane 310 to a second side of the longitudinal center plane).
For claim 18, AAPA modified as above discloses the vehicle [wherein the first and second wheel assemblies are in a second configuration, in which the first and second wheel assemblies are connected to the frame such that first and second wheel thereof are disposed outwardly from a longitudinal center plane of the track system and away from the vehicle] (fig. 3B of AAPA and fig. 7A of Tiede, wherein the wheel-carrying structure may be rotated such that first axles 312, 314 are repositioned from a first side of the longitudinal center plane 310 to a second side of the longitudinal center plane).
For claim 19, AAPA modified as above discloses the vehicle [wherein the first and second track systems are one of: front track systems of the vehicle, rear track systems of the vehicle, right track systems of the vehicle, and left track systems of the vehicle] (fig. 5 of Agnew).
For claim 20, AAPA modified as above discloses a method for adjusting a traction of a vehicle, the method comprising:
providing a tandem wheel assembly [the tandem wheel assembly being removably connected a track system operatively connected to the vehicle in a first configuration such that first and second wheels thereof are disposed inwardly from a longitudinal center plane of the track system and towards the vehicle;
disconnecting the tandem wheel assembly from the track system; and
reconnecting the tandem wheel assembly to the track system in a second configuration such that first and second wheels thereof are disposed outwardly from the longitudinal center plane of the track system and away from the vehicle] (fig. 3B of AAPA and fig. 7A of Tiede, wherein the wheel-carrying structure may be rotated such that first axles 312, 314 are repositioned from a first side of the longitudinal center plane 310 to a second side of the longitudinal center plane).
Response to Arguments
Applicant's arguments filed 07/10/26 have been fully considered but they are not persuasive. Applicant argues the prior art fails to disclose a roller space in general is not the same as the claim arrangement, which specifically requires “the first distance between the first and second wheels on the first portion to be different from the second distance between the third and fourth wheels on the second portion”. The applicant argues the proposed combination therefore relies on impermissible hindsight and the Office Action does not identify a teaching, suggestion, or articulated reasoning that would have led to modify the prior-art wheel-carrying structure.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Agnew specifically recited in paragraph [0119], “the relative spacing at different sets of rollers about a vertical plane passing through a drive axis can also be configured to reduce the amount of vibration felt by an operator, thereby improving ride quality”. Therefore, the modification above is not based upon improper hindsight reasoning, but rather based upon benefits explained by the prior art, Agnew.
Conclusion
THIS ACTION IS MADE FINAL. 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 Jacob D. Knutson whose telephone number is (571)270-5576. The examiner can normally be reached 8:00 am - 4:00 pm.
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/JACOB D KNUTSON/Primary Examiner, Art Unit 3611
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