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 .
Drawings
The drawings were received on 2 June 2026. These drawings are approved.
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 11 and 18-19 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.
Claim 11 is indefinite due to the fact that the phrase “configured to be” is generally narrative (see section 5 below) and fails to describe any actual physical structure of the invention.
Claims 18-19 are indefinite due to the fact that the phrase “configured to guide” is generally narrative (see section 5 below) and fails to describe any actual physical structure of the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poetter (2002/0070606).
Per claim 19, Poetter shows a track undercarriage 10 having an elongated structure 14, a first wheel 18 rotatably mounted at a first end of the elongated structure 14, and a second wheel 23 rotatably mounted at a second end of the elongated structure 14. A track 12 is looped around the first 18 and second 23 wheels, and includes an inner face having at least one protrusion 29 for engaging the wheels (18, 23). The track 12 defines a path section along which the track contacts the ground. A track guide 28 extends between the first 18 and second 23 wheels, and guides the protrusion 29 as the track 12 travels. The track 12 includes two parallel protrusions 29 extending from the inner face thereof. The two protrusions 29 define a recess therebetween in which the track guide 28 is slidably and dimensionally housed.
Allowable Subject Matter
Claims 1, 3-10, and 12-17 are allowed.
Claims 11 and 18 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.
Response to Arguments
Applicant's arguments filed 2 June 2026 have been fully considered but they are not persuasive. The Applicant argues that Poetter does not “disclose or suggest a tracked undercarriage that includes a track and a track guide” with the track having “two parallel protrusions” extending from the inner face to define a recess that houses the track guide. The Applicant then argues that Poetter shows “a crawler link slide” mounted on a projection extending from a frame, and that “each individual link has guides (29) that engages an external slide (28)”. However, the Applicant is arguing semantics. Namely, Poetter shows a track 12 that encircles first 18 and second 23 wheels disposed on opposite ends of an elongated structure 14 (i.e. frame). The track includes an inner surface with two parallel protrusions 29 extending therefrom and defining a recess in which a track guide 28 is slidingly housed. The claims lack any actual physical structure that precludes the assembly of Poetter.
The Applicant argues that the “continuous recess formed by two parallel protrusions on a track is structurally and functionally distinct from Poetter’s arrangement”. However, the Applicant is arguing a feature not set forth in the claims (see below). Furthermore, the recess formed by the protrusions 29 of Poetter of each link 16 is considered to be “continuous” with respect to the entire track assembly.
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 JASON R BELLINGER whose telephone number is (571)272-6680. The examiner can normally be reached M-F 9-4.
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, Samuel (Joe) Morano can be reached at (571)272-6684. 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.
/JASON R BELLINGER/ Primary Examiner, Art Unit 3615
Prosecution Insights