Final 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 .
Response to Arguments
Applicant's arguments filed 07/21/2026 have been fully considered but they are not persuasive. The rejections under 35 USC 102(a)(2) of claims 1-26 and 29 as anticipated by Marchand as part of US 20140360062 A1, hereinafter referred to as Marchand, are sustained.
With respect to the rejections under 35 USC 112(a) and 112(b) of claims 13 and 26, in light of the amendments made to remove the non-enabling and indefinite language, said rejections are moot and have been withdrawn.
In the interest of compact prosecution, examiner wishes to respond to specific arguments made by applicant.
Applicant directs arguments to the requirements shared between claims 1 and 14, specifically that the tertiary fit face of the mounting nose is required to 1) extend laterally at an angle between each side wall and one of either the top surface or bottom surface, and 2) extend rearwardly, substantially in a plane, from the front bearing face to a rear end of the mounting nose. Applicant argues that Marchand does not disclose, teach, or suggest an excavator mounting nose that has both of these limitations.
Applicant argues that the tertiary fit faces described in the previous office action do not extend rearwardly, substantially in a plane, from the front bearing surface to a rear end of the mounting nose as required. Applicant asserts that the tertiary fit face is comprised of three faces that lie in different planes along the extension from the front bearing face to the rear end of the mounting nose, and as such is fundamentally incompatible with the claimed invention. Applicant further asserts that the fit faces do not extend between a top surface and a side wall, rather extending between a further surface that is located between the fit face and the top surface, and on the other side, a further surface between the fit face and the side wall.
Examiner does not find these arguments persuasive. The claimed language does not require a single, substantially planar face that extends between the front bearing face and the rear end of the socket cavity; instead, the claim language specifically refers to “tertiary fit faces extending laterally at an angle between each opposed side wall and one of the top or bottom wall, wherein each tertiary fit face also extends rearwardly substantially in a plane”. In light of the broad language defining the tertiary fit faces, a broad, reasonable interpretation of the tertiary fit faces comprising several, independently substantially planar faces that extend contiguously between a front bearing surface and a rear end of the part, such as is taught by Marchand, is possible. Further, there is no requirement that the top surface or bottom surface and respective side surface between which the tertiary fit faces laterally extend cannot be joined by an additional face; in the case of Marchand, the beveled edge described by Applicant.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-26 and 29 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Marchand as part of US 20140360062 A1, hereinafter referred to as Marchand.
Regarding Claim 1: Marchand teaches of an excavator wear member, the excavator wear member comprising:
a socket cavity opening at a rear end of the wear member, the socket cavity at least partially defined by a top wall, a bottom wall, opposed side walls and a front bearing face (Fig. 1-3,; Paragraph 39, tooth 10 comprises an internal recess designed to have a complementary profile of support 20 and nose 30, which comprises a top surface comprising top face 41, 61, and 81, bottom surface comprising bottom face 45,65, and 85, a left-handed face comprising face 47,67, and 87, a right handed face comprising face 43, 63, and 83, and flat face 34);
and tertiary fit faces extending laterally at an angle between each opposed side wall and one of the top wall or the bottom wall (Fig. 3-4, tooth 10 comprises complementary surfaces to nose 30, namely the symmetrical right hand top face 42, 62, and 82, right hand bottom face 44, 64, and 84, left hand bottom face 46, 66, and 88, and left hand top face 48, 68, and 88, which extend laterally at an angle between each respective left hand and right hand faces and the top and bottom faces);
wherein each tertiary fit face also extends rearwardly substantially in a plane within the socket cavity from the front bearing face to a rear end of the socket cavity (Fig. 3-4, each complementary tertiary face matching the profile of nose 30 extends rearwardly in a plane along the interior of the recess towards the opening of the recess).
Regarding Claim 2: Marchand teaches of the apparatus described in claim 1.
Marchand further teaches wherein the tertiary fit faces extend at an angle between each opposed side wall and each of the top wall and the bottom wall (Fig. 3-4, nose 30 comprises symmetrical right hand top face 42, 62, and 82, right hand bottom face 44, 64, and 84, left hand bottom face 46, 66, and 88, and left hand top face 48, 68, and 88, which extend laterally at an angle between each respective left hand and right hand faces and the top and bottom faces).
Regarding Claim 3: Marchand teaches of the apparatus described in claim 1.
Marchand further teaches wherein each of the tertiary fit faces also extend rearwardly from the front bearing face towards a rear end of the socket cavity (Fig. 3-4, each complementary tertiary face matching the profile of nose 30 extends rearwardly in a plane along the interior of the recess towards the opening of the recess).
Regarding Claim 4: Marchand teaches of the apparatus described in claim 1.
Marchand further teaches wherein each of the tertiary fit faces is substantially planar (Fig. 3-4, the above listed tertiary faces are substantially planar).
Regarding Claim 5: Marchand teaches of the apparatus described in claim 1.
Marchand further teaches wherein a rear portion of each tertiary fit face has a relatively greater lateral extent than an intermediate portion of each tertiary fit face (Fig. 5, the faces 41-48 are shown to have a greater lateral extent than the faces 61-68).
Regarding Claim 6: Marchand teaches of the apparatus described in claim 1.
Marchand further teaches wherein a forward portion of each tertiary fit face has a relatively greater lateral extent than an intermediate portion of each tertiary fit face (Paragraph 46; Fig. 3-4, the faces 61-68 are angled with respect to the axis X30 between 15-25 degrees in some cases, meaning there exists the possibility of the lateral extent of faces 81-86 being greater than the lateral extent of faces 61-68).
Regarding Claim 7: Marchand teaches of the apparatus described in claim 1.
Marchand further teaches wherein each tertiary fit face lies in a plane that is rearwardly divergent to a plane of an opposing tertiary fit face (Fig. 3-5, the above listed tertiary faces are shown to lie in symmetrical planes about axis X30 that diverge towards base 22).
Regarding Claim 8: Marchand teaches of the apparatus described in claim 1.
Marchand further teaches wherein the top wall has a rear bearing surface and forward bearing surface separated by an intermediate bearing surface (Fig. 3-4, the top surface comprises forward section 81, rear section 41, and intermediate section 61).
Regarding Claim 9: Marchand teaches of the apparatus described in claim 1.
Marchand further teaches wherein the bottom wall has a rear bearing surface and forward bearing surface separated by an intermediate bearing surface (Fig. 3-4, the bottom surface comprises forward section 85, rear section 45, and intermediate section 65).
Regarding Claim 10: Marchand teaches of the apparatus described in claim 8.
Marchand further teaches wherein the intermediate bearing surface of the top wall and the bottom wall are rearwardly divergent (Fig. 3-4, intermediate sections 61 and 65 are shown to diverge towards base 22).
Regarding Claim 11: Marchand teaches of the apparatus described in claim 8.
Marchand further teaches wherein the rear bearing surface and the forward bearing surface of the top wall and the rear bearing surface and the forward bearing surface of the bottom wall all lie in planes that are generally parallel (Paragraph 49; Fig. 3-4, the rear section 41 of the top face, forward section 81 of the top face, rear section 45 of the bottom face, and forward section 85 of the bottom face are substantially parallel with respect to the principle axis X30; faces 81-88 are less inclined than the flat faces 41-48, varying between 0-5 degrees).
Regarding Claim 12: Marchand teaches of the apparatus described in claim 1.
Marchand further teaches wherein each side wall has an intermediate bearing surface, the intermediate bearing surfaces diverge rearwardly with respect to each other (Fig. 4, right hand face 63 and left hand face 67 are shown to diverge towards base 22).
Regarding Claim 13: Marchand teaches of the apparatus described in claim 1.
Marchand further teaches wherein each of the tertiary fit faces are adapted to engage with a corresponding tertiary fit face on an excavator mounting nose (Paragraph 39, tooth 10 comprises an internal recess designed to have a complementary profile of support 20 and nose 30, which includes the tertiary faces listen above).
Regarding Claim 14: Marchand teaches of an excavator mounting nose, the mounting nose comprising:
a top surface, a bottom surface, two opposed side walls and a front bearing face (Fig. 1-3; Paragraph 39, support 20 and nose comprises a top surface comprising top face 41, 61, and 81, bottom surface comprising bottom face 45,65, and 85, a left-handed face comprising face 47,67, and 87, a right handed face comprising face 43, 63, and 83, and flat face 34);
and tertiary fit faces extending laterally at an angle between each opposed side walls and one of the top surface or the bottom surface (Fig. 3-4, nose 30 comprises symmetrical right hand top face 42, 62, and 82, right hand bottom face 44, 64, and 84, left hand bottom face 46, 66, and 88, and left hand top face 48, 68, and 88, which extend laterally at an angle between each respective left hand and right hand faces and the top and bottom faces);
wherein each tertiary fit face also extends rearwardly substantially in a plane from the front bearing face to a rear end of the mounting nose (Fig. 3-4, each complementary tertiary face matching the profile of nose 30 extends rearwardly in a plane along the interior of the recess towards the opening of the recess).
Regarding Claim 15: Marchand teaches of the apparatus described in claim 14.
Marchand further teaches wherein the tertiary fit faces extend at an angle between each opposed side wall and each of the top surface and the bottom surface (Fig. 3-4, nose 30 comprises symmetrical right hand top face 42, 62, and 82, right hand bottom face 44, 64, and 84, left hand bottom face 46, 66, and 88, and left hand top face 48, 68, and 88, which extend laterally at an angle between each respective left hand and right hand faces and the top and bottom faces).
Regarding Claim 16: Marchand teaches of the apparatus described in claim 14.
Marchand further teaches wherein each of the tertiary fit faces also extend rearwardly from the front bearing face towards a rear end of the mounting nose (Fig. 3-4, each tertiary face of nose 30 extends rearwardly in a plane along the interior of the recess towards the opening of the recess).
Regarding Claim 17: Marchand teaches of the apparatus described in claim 14.
Marchand further teaches wherein each of the tertiary fit faces is substantially planar (Fig. 3-4, the above listed tertiary faces are substantially planar).
Regarding Claim 18: Marchand teaches of the apparatus described in claim 14.
Marchand further teaches wherein a rear portion of each tertiary fit face has a relatively greater lateral extent than an intermediate portion of each tertiary fit face (Fig. 5, the faces 41-48 are shown to have a greater lateral extent than the faces 61-68).
Regarding Claim 19: Marchand teaches of the apparatus described in claim 14.
Marchand further teaches wherein a forward portion of each tertiary fit face has a relatively greater lateral extent than an intermediate portion of each tertiary fit face (Paragraph 46; Fig. 3-4, the faces 61-68 are angled with respect to the axis X30 between 15-25 degrees in some cases, meaning there exists the possibility of the lateral extent of faces 81-86 being greater than the lateral extent of faces 61-68).
Regarding Claim 20: Marchand teaches of the apparatus described in claim 14.
Marchand further teaches wherein each tertiary fit face lies in a plane that is rearwardly divergent to a plane of an opposing tertiary fit face (Fig. 3-5, the above listed tertiary faces are shown to lie in symmetrical planes about axis X30 that diverge towards base 22).
Regarding Claim 21: Marchand teaches of the apparatus described in claim 14.
Marchand further teaches wherein the top surface has a rear bearing surface and forward bearing surface separated by an intermediate bearing surface (Fig. 3-4, the top surface comprises forward section 81, rear section 41, and intermediate section 61).
Regarding Claim 22: Marchand teaches of the apparatus described in claim 14.
Marchand further teaches wherein the bottom surface has a rear bearing surface and forward bearing surface separated by an intermediate bearing surface (Fig. 3-4, the bottom surface comprises forward section 85, rear section 45, and intermediate section 65).
Regarding Claim 23: Marchand teaches of the apparatus described in claim 14.
Marchand further teaches wherein the intermediate bearing surface of the top surface and bottom surface are rearwardly divergent (Fig. 3-4, intermediate sections 61 and 65 are shown to diverge towards base 22).
Regarding Claim 24: Marchand teaches of the apparatus described in claim 21.
Marchand further teaches wherein the rear bearing surface and the forward bearing surface of the top surface and the rear bearing surface and the forward bearing surface of the bottom surface all lie in planes that are generally parallel (Marchand: Paragraph 49; Fig. 3-4, the rear section 41 of the top face, forward section 81 of the top face, rear section 45 of the bottom face, and forward section 85 of the bottom face are substantially parallel with respect to the principle axis X30; faces 81-88 are less inclined than the flat faces 41-48, varying between 0-5 degrees).
Regarding Claim 25: Marchand teaches of the apparatus described in claim 14.
Marchand further teaches wherein each side wall has an intermediate bearing surface, the intermediate bearing surfaces diverge rearwardly with respect to each other (Fig. 4, right hand face 63 and left hand face 67 are shown to diverge towards base 22).
Regarding Claim 26: Marchand teaches of the apparatus described in claim 14.
Marchand further teaches wherein each of the tertiary fit faces are adapted to engage with a corresponding tertiary fit face on an excavator wear member
Regarding Claim 29: Marchand teaches of an excavator wear assembly, the excavator wear assembly comprising:
an excavator mounting nose according to claim 14 (see claim 14);
an excavator wear member comprising a socket cavity opening at a rear end of the wear member, the socket cavity at least partially defined by a top wall, a bottom wall, opposed side walls and a front bearing face (Fig. 1-3,; Paragraph 39, tooth 10 comprises an internal recess designed to have a complementary profile of support 20 and nose 30, which comprises a top surface comprising top face 41, 61, and 81, bottom surface comprising bottom face 45,65, and 85, a left-handed face comprising face 47,67, and 87, a right handed face comprising face 43, 63, and 83, and flat face 34),
and tertiary fit faces extending laterally at an angle between each opposed side wall and one of the top wall or the bottom wall (Fig. 3-4, tooth 10 comprises complementary surfaces to nose 30, namely the symmetrical right hand top face 42, 62, and 82, right hand bottom face 44, 64, and 84, left hand bottom face 46, 66, and 88, and left hand top face 48, 68, and 88, which extend laterally at an angle between each respective left hand and right hand faces and the top and bottom faces),
wherein each tertiary fit face also extends rearwardly substantially in a plane within the socket cavity from the front bearing face to a rear end of the socket cavity (Fig. 3-4, each complementary tertiary face matching the profile of nose 30 extends rearwardly in a plane along the interior of the recess towards the opening of the recess);
the wear member adapted to receive at least a part of the excavator mounting nose in a socket cavity thereof (Fig. 1-2, tooth 10 is designed to be receive nose 30 of support 20 within the internal recess);
and at least one lock assembly, the lock assembly adapted to releasably secure the wear member on the excavator mounting nose (Paragraph 37, a connecting device may releasably secure tooth 10 to support 20, such as by way of a locking key that bears against tooth 10 while a sheath bears against support 20, forming a coupling connection therebetween).
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 EVAN ANTHONY BREGEL whose telephone number is (571)272-0922. The examiner can normally be reached 8:30-5:30 Eastern, M-F.
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, Christopher J Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EVAN A BREGEL/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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