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 does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b). A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: torque assembly (Claims 1-9 and 17). The term assembly is construed to be a generic placeholder.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1, 3-15, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al. (US 2015/0016934) (“Cooper”) in view of Isley (US 5727610). Cooper discloses:
Claim 1: (Figure 2A/2BA; para. [0065]-[0066]);
boom tip attachment bracket on a boom of a working machine, the boom having an actuator attached thereto and one or more flexible lines (Figure 1);
a processing head attachment bracket for
an internal line passage for passage of the one or more flexible lines from the boom to the line connection point (Figure 2B);
wherein the boom tip attachment bracket comprises:
a first rigid frame having at least two plates spaced from each other by a first spacing distance so as to comprise at least a portion of the internal line passage (Figure 2B, top portion);
a pair of first coupling points opposed across the first spacing distance, for rotatably coupling the rigid frame to the processing head along a first rotation axis (laterally spaced pins 132);
wherein the processing head attachment bracket comprises:
a second rigid frame having at least two plates spaced from each other by a second spacing distance so as to comprise at least a portion of the internal line passage (link 116); and
a pair of second coupling points, opposed across the second spacing distance, and
rotatably coupled with the pair of first coupling points along the first rotation axis (by the laterally spaced pins 132);
wherein the internal line passage passes through at least the first rotation axis (Figure 2B);
Claim 3: wherein: the first rigid frame comprises a support plate extending between an edge of each of the at least two plates of the first rigid frame; and
the support plate is configured to provide an opening to the internal line passage (Figure 2B);
Claim 4: wherein: the boom comprises a guide configured to guide the one or more flexible lines along the boom to the internal line passage (Figure 2A, at least at 168);
Claim 5: wherein: the guide comprises a protective conduit fixed to the boom (Figure 2A, at least at 168);
Claim 6: wherein: the guide is arranged on an underside of the boom (the location of 168 may be defined as the underside of the boom, esp. if it is disconnected from the machine);
Claim 7: wherein: the actuator is arranged such that an extension of the actuator acts against a weight of the processing head attachment bracket (during extension, there is an actuator force that keeps the weight from pulling the actuator beyond what is desired that is against the weight as claimed);
Claim 8: wherein: the processing head attachment bracket further comprises a swivel mount permitting rotation of a processing head relative to the processing head attachment bracket; and
the swivel mount forms part of the second rigid frame (“The rotator link assembly 100 is particularly useful where rotation about at least one axis and actuation of an implement is desired.”);
Claim 9: wherein: the boom tip attachment bracket and the boom are formed as a single piece or the boom tip attachment bracket is a separate piece from the boom and configured for rigid attachment to the boom (Figure 2A);
Claim 17: forestry machine (“forestry equipment”; alternatively, machine is capable of being used in a forest).
Cooper does not directly show:
Claim 1: the processing head attachment bracket is (suitable for) rigidly attaching a processing head to the boom of the working machine;
wherein the processing head attachment bracket is coupled to the actuator by a torque assembly for translating actuation of the actuator into a rotation of the processing head attachment bracket about the first rotation axis;
Claim 10: wherein: the torque assembly comprises an extension portion rigidly extending away from the first rotation axis; and
the extension portion is rotatably coupled to the actuator;
Claim 11: wherein: the torque assembly comprises:
a first boom linkage, having a first end and a second end; and
a second boom linkage, having a first end and a second end;
wherein:
the first end of the first boom linkage is rotatably coupled to the first rigid frame along a second rotation axis perpendicular to the first rotation axis;
the first end of the second boom linkage is rotatably coupled to the processing head attachment bracket;
the second end of the first boom linkage and the second end of the second boom linkage are rotatably coupled to the actuator; and
the internal hose passage passes through the second rotation axis;
Claim 12: wherein: the second end of the first boom linkage and the second end of the second boom linkage are rotatably coupled to the actuator along a same rotation axis;
Claim 13: wherein: the second end of the first boom linkage and the second end of the second boom linkage are rotatably coupled to a linkage bracket; and
the linkage bracket is rotatably coupled to the actuator;
Claim 14: wherein: the first rigid frame further comprises a third pair of coupling points, arranged at the second rotation axis, and opposed across the first spacing distance, for rotatably coupling the rigid frame to the first end of the first boom linkage along the second rotation axis; and
the first boom linkage comprises a pair of first rigid connectors, each having a first end and a second end;
the first end of the each of the pair of first rigid connectors is rotatably coupled to a respective coupling point of the third pair of coupling points;
the second end of each of the pair of first rigid connectors is rotatably coupled to the actuator;
Claim 15: wherein: the first rigid frame comprises a pair of outer plates and a corresponding pair of inner plates, each inner plate defining a cavity between said inner plate and its corresponding outer plate, the cavity being arranged at least at the second rotation axis;
each of the pair of first rigid connectors is arranged within a respective cavity;
each cavity is configured for motion of the rigid connector during rotation of the second end of the rigid connector about the second rotation axis; and
the internal line passage is comprised between the pair of inner plates.
Isley shows a similar device having:
Claim 1: the processing head attachment bracket is (suitable for) rigidly attaching a processing head to the boom of the working machine;
wherein the processing head attachment bracket is coupled to the actuator by a torque assembly for translating actuation of the actuator into a rotation of the processing head attachment bracket about the first rotation axis (column 1, lines 48-54, and the mechanism shown in figure 4);
Claim 10: wherein: the torque assembly comprises an extension portion rigidly extending away from the first rotation axis; and
the extension portion is rotatably coupled to the actuator (column 1, lines 48-54, and the mechanism shown in figure 4);
Claim 11: wherein: the torque assembly comprises:
a first boom linkage, having a first end and a second end; and
a second boom linkage, having a first end and a second end;
wherein:
the first end of the first boom linkage is rotatably coupled to the first rigid frame along a second rotation axis perpendicular to the first rotation axis;
the first end of the second boom linkage is rotatably coupled to the processing head attachment bracket;
the second end of the first boom linkage and the second end of the second boom linkage are rotatably coupled to the actuator; and
the internal hose passage passes through the second rotation axis (column 1, lines 48-54, and the mechanism shown in figure 4);
Claim 12: wherein: the second end of the first boom linkage and the second end of the second boom linkage are rotatably coupled to the actuator along a same rotation axis (column 1, lines 48-54, and the mechanism shown in figure 4);
Claim 13: wherein: the second end of the first boom linkage and the second end of the second boom linkage are rotatably coupled to a linkage bracket; and
the linkage bracket is rotatably coupled to the actuator (column 1, lines 48-54, and the mechanism shown in figure 4);
Claim 14: wherein: the first rigid frame further comprises a third pair of coupling points, arranged at the second rotation axis, and opposed across the first spacing distance, for rotatably coupling the rigid frame to the first end of the first boom linkage along the second rotation axis; and
the first boom linkage comprises a pair of first rigid connectors, each having a first end and a second end;
the first end of the each of the pair of first rigid connectors is rotatably coupled to a respective coupling point of the third pair of coupling points;
the second end of each of the pair of first rigid connectors is rotatably coupled to the actuator (column 1, lines 48-54, and the mechanism shown in figure 4);
Claim 15: wherein: the first rigid frame comprises a pair of outer plates and a corresponding pair of inner plates, each inner plate defining a cavity between said inner plate and its corresponding outer plate, the cavity being arranged at least at the second rotation axis;
each of the pair of first rigid connectors is arranged within a respective cavity;
each cavity is configured for motion of the rigid connector during rotation of the second end of the rigid connector about the second rotation axis; and
the internal line passage is comprised between the pair of inner plates;
with a reasonable expectation of success for the purpose of controlling the motion of the head (column 1, lines 48-54, and the mechanism shown in figure 4).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Cooper as taught by Isley and include Isley’s similar device having:
Claim 1: the processing head attachment bracket is (suitable for) rigidly attaching a processing head to the boom of the working machine;
wherein the processing head attachment bracket is coupled to the actuator by a torque assembly for translating actuation of the actuator into a rotation of the processing head attachment bracket about the first rotation axis;
Claim 10: wherein: the torque assembly comprises an extension portion rigidly extending away from the first rotation axis; and
the extension portion is rotatably coupled to the actuator;
Claim 11: wherein: the torque assembly comprises:
a first boom linkage, having a first end and a second end; and
a second boom linkage, having a first end and a second end;
wherein:
the first end of the first boom linkage is rotatably coupled to the first rigid frame along a second rotation axis perpendicular to the first rotation axis;
the first end of the second boom linkage is rotatably coupled to the processing head attachment bracket;
the second end of the first boom linkage and the second end of the second boom linkage are rotatably coupled to the actuator; and
the internal hose passage passes through the second rotation axis;
Claim 12: wherein: the second end of the first boom linkage and the second end of the second boom linkage are rotatably coupled to the actuator along a same rotation axis;
Claim 13: wherein: the second end of the first boom linkage and the second end of the second boom linkage are rotatably coupled to a linkage bracket; and
the linkage bracket is rotatably coupled to the actuator;
Claim 14: wherein: the first rigid frame further comprises a third pair of coupling points, arranged at the second rotation axis, and opposed across the first spacing distance, for rotatably coupling the rigid frame to the first end of the first boom linkage along the second rotation axis; and
the first boom linkage comprises a pair of first rigid connectors, each having a first end and a second end;
the first end of the each of the pair of first rigid connectors is rotatably coupled to a respective coupling point of the third pair of coupling points;
the second end of each of the pair of first rigid connectors is rotatably coupled to the actuator;
Claim 15: wherein: the first rigid frame comprises a pair of outer plates and a corresponding pair of inner plates, each inner plate defining a cavity between said inner plate and its corresponding outer plate, the cavity being arranged at least at the second rotation axis;
each of the pair of first rigid connectors is arranged within a respective cavity;
each cavity is configured for motion of the rigid connector during rotation of the second end of the rigid connector about the second rotation axis; and
the internal line passage is comprised between the pair of inner plates;
with a reasonable expectation of success for the purpose of controlling the motion of the head.
Claim(s) 2 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper in view of Isley and Lysenko (US 4382624). Cooper discloses all the limitations of the claims as discussed above.
Cooper does not directly show:
Claim 2: wherein: each of the pair of first coupling points comprises an aperture configured to receive a clevis pin;
each of the pair of second coupling points comprises a clevis configured to receive a clevis pin; and
the pair of first coupling points and the pair of second coupling points are rotatably coupled by respective clevis pins extending through the clevis and the aperture;
Claim 16: wherein: each of the third pair of coupling points comprises a pair of apertures respectively arranged in the outer plate and the inner plate along the second rotation axis;
the first end of each rigid connector comprises an aperture for receiving a fixing pin; and
the first end of each rigid connector is rotatably coupled to the first rigid frame by a respective fixing pin extending through the aperture in the outer plate, the aperture in the first end of the rigid connector, and the aperture in the inner plate.
Isley shows a similar device having:
Claim 2: wherein: each of the pair of first coupling points comprises an aperture configured to receive a clevis pin;
each of the pair of second coupling points comprises a clevis configured to receive a clevis pin; and
the pair of first coupling points and the pair of second coupling points are rotatably coupled by respective clevis pins extending through the clevis and the aperture (FIG. 2; col. 2, lines 22-32);
Claim 16: wherein: each of the third pair of coupling points comprises a pair of apertures respectively arranged in the outer plate and the inner plate along the second rotation axis;
the first end of each rigid connector comprises an aperture for receiving a fixing pin; and
the first end of each rigid connector is rotatably coupled to the first rigid frame by a respective fixing pin extending through the aperture in the outer plate, the aperture in the first end of the rigid connector, and the aperture in the inner plate (FIG. 2; 44/48; col. 2, lines 22-32);
with a reasonable expectation of success for the purpose of reducing wear of the couplings during use (col. 1, lines 9-20). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Cooper as taught by Isley and include Isley’s similar device having:
Claim 2: wherein: each of the pair of first coupling points comprises an aperture configured to receive a clevis pin;
each of the pair of second coupling points comprises a clevis configured to receive a clevis pin; and
the pair of first coupling points and the pair of second coupling points are rotatably coupled by respective clevis pins extending through the clevis and the aperture;
with a reasonable expectation of success for the purpose of reducing wear of the couplings during use;
Claim 16: wherein: each of the third pair of coupling points comprises a pair of apertures respectively arranged in the outer plate and the inner plate along the second rotation axis;
the first end of each rigid connector comprises an aperture for receiving a fixing pin; and
the first end of each rigid connector is rotatably coupled to the first rigid frame by a respective fixing pin extending through the aperture in the outer plate, the aperture in the first end of the rigid connector, and the aperture in the inner plate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 9617706 discloses hoses 66.
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)).
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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