Final Rejection
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 08/07/2026 have been fully considered but they are not persuasive. In light of the amendments made, a modified grounds of rejection is presented herein under 35 USC 102(a)(2). With respect to the rejections under 35 USC 112(b), in light of the amendments made, the rejections are withdrawn.
In the interest of compact prosecution, Examiner wishes to respond to specific arguments presented by Applicant.
Applicant notes that Sjogren et al as part of US 4587751 A, hereinafter referred to as Sjogren does not teach of a recess that completely extends around the perimeter profile of the wear component, and as such, the claimed invention is not anticipated by Sjogren under 35 USC 102(a)(2). While Examiner cedes that the presented interpretation in the prior office action does not sufficiently provide a recess that completely surrounds a perimeter profile of the entire wear component, as is suggested by Applicant in their arguments, there is no specification in the claim language that would positively define what profile this perimeter is being viewed relative to, nor what would constitute the perimeter being surrounded. For example, when the wear members of Sjogren are viewed straight-on to top wall 16, the recess defined in the previous office action does entirely surround the perimeter profile from side to side of adaptor 10. Examiner does cede that this interpretation is broadly reading the definition of “a perimeter profile”; however, this definition is consistent with what one of ordinary skill in the art at the time the invention was properly filed may consider to constitute “a perimeter profile” short of more specific detail given in the claim. A modified rationale is presented below with respect to this aspect of claim 1.
Applicant further posits that the disclosures of Jacobson et al as part of US 6839969 B2, hereinafter referred to as Jacobson, and Bjerke et al as part of US 20190301129 A1, hereinafter referred to as Bjerke, do not cure the perceived deficiency of Sjogren. Examiner disagrees, as with respect to Jacobson, Fig. 8 demonstrates that a recess defined as the space between the inner contact walls of first half 110a and 110b, and the inner surface of flanges 100c completely enclose the mounting portion 60 along a profile between surfaces 60d.
Applicant further argues with respect to claim 11, that the vertical bore 12 of Sjogren is insufficient to satisfy the limitation “an opening between the inner side and the external side for receiving a replaceable wear component”, and that modification of the bore 12 would prevent the device from operating as intended. Examiner does not find this argument persuasive, as the vertical bore 12 is what is utilized to attach the adaptor 10 to the excavating equipment via insertion of a lock pin through the vertical bore 12. As such, considering adaptor 10 and the lock pin are utilized exclusively in conjunction with each other to attach the adaptor 10 to the excavating equipment, it is reasonable to consider the adaptor 10 and the lock pin as part of a single assembly, which may be referred to as “a replaceable wear component”. Further, vertical bore 12 would be required to extend through the excavating equipment between an inner side and outer side to allow for the lock pin to secure the adaptor 10, and would therefore be “for receiving a replaceable wear component.”
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, 5-6, and 9-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sjogren.
Regarding Claim 1: Sjogren teaches of a replaceable wear component for an industrial accessory (Col. 1, line 7-10, the invention relates to a wear cap style excavating tooth), wherein the wear component comprises:
an inner wear member comprising an inner wear surface,
an outer wear member comprising an outer wear surface (Fig. 1-2, wear caps 15 are installed on the inner and outer side of adapter 10),
wherein the inner and outer wear members are configured to be releasably attached to each other so that the inner and outer wear surfaces are provided on opposing sides of the wear component (Fig. 1-2, the wear caps 15 are releasably attached to the adaptor 10 on opposite sides), and
wherein each of the inner and outer wear members further comprises:
a support surface provided on an opposite side with respect to its wear surface (Fig. 1-2, wear caps 15 comprise a support surface that abuts adaptor 10, opposite the top wall 16),
a protruding portion provided on said opposite side, wherein the protruding portion extends away from the support surface and in a direction away from the wear surface of the wear member so that it forms an extension of the wear member (Fig. 1-2, wear caps 15 comprise a protrusion in the form of side walls 17, which extends away from the support surface that abuts adaptor 10 and the top wall 16),
and wherein the protruding portion comprises a mating surface facing away from the wear surface of the wear member,
and wherein the mating surface of the inner wear member is adapted to face the mating surface of the outer wear member when the inner and outer wear members are attached to each other (Fig. 1-2, side walls 17 comprise rails 19, in which comprise a surface that mates to adaptor 10 while facing the corresponding mating face of the rail 19 of the opposite side wall 17),
and wherein the inner and outer wear members are configured so that the support surfaces and the protruding portions thereof form a recess between the inner and outer wear members when being attached to each other (Fig. 2, the wear caps 15 create a recess in the space between the support surfaces and the side walls 17 when the wear caps are attached to each other),
wherein the recess extends completely around a perimeter profile of the wear component when the inner and outer wear members are attached to each other (Fig. 2, the recess formed by the wear caps 15 completely extend around a perimeter profile of the adaptor 10, the profile defined by looking directly perpendicular to a place parallel to top wall 16).
Regarding Claim 5: Sjogren teaches of the apparatus described in claim 1.
Sjogren further teaches of the apparatus further comprising an intermediate washer element being adapted to be placed in-between the mating surface and the corresponding mating surface when the inner and outer wear members are attached to each other (Fig. 2, wear cap lock means 25 sits between the mating surfaces of side walls 17 when the wear caps 15 are attached to each other).
Regarding Claim 6: Sjogren teaches of the apparatus described in claim 1.
Sjogren further teaches wherein the inner wear member comprises at least one bore for receiving a respective attachment member, and wherein the outer wear member comprises at least one corresponding bore for receiving the respective attachment member, wherein the inner and outer wear members are adapted to be releasably attached to each other by insertion of the respective attachment member into the at least one bore and into the at least one corresponding bore (Fig. 2, wear caps 15 comprise matched notches 36, which are configured to receive an attachment member in the form of lock means 25 which are adapted to releasably attach the wear caps 15 when inserted into the notches 36).
Regarding Claim 9: Sjogren teaches of the apparatus described in claim 1.
Sjogren further teaches wherein at least one of the inner and outer wear members is made in one single piece (Fig. 1-2, wear caps 15 are shown as being one single piece).
Regarding Claim 10: Sjogren teaches of the apparatus described in claim 1.
Sjogren further teaches wherein the protruding portion of the at least one of the inner and outer wear members has an oblong profile, as seen in an extension of the protruding portion corresponding to an extension of the wear surface of the at least one of the inner and outer wear members (Fig. 1-2, side walls 17 are oblong in nature, in that they are shown to be longer than they are tall, and an extension of the side wall 17 corresponding to an extension of top surface 16).
Regarding Claim 11: Sjogren teaches of an industrial accessory comprising an inner side which is subjected to internal wear during use caused by abrasive material and an external side which is subjected to external wear during use caused by abrasive material (Col. 1, line 30-40, the wear caps on the top and bottom of the adaptor, which are positioned on the point of an excavator, vis, bucket, dredge, dipper, etc., are subjected to abrasion), wherein the industrial accessory further comprises:
an opening between the inner side and the external side for receiving a replaceable wear component (Fig. 1-2; Col 2, line 11-15, adapter 10 is equipped with vertical bore 12 which receives a pin lock for attaching the adaptor to the excavating equipment), and
the replaceable wear component according to claim 1 (see claim 1), wherein the replaceable wear component is received in the opening by providing the inner wear member from the inner side so that the inner wear surface faces away from the opening, and by providing the outer wear member from the external side so that the outer wear surface faces away from the opening, and wherein the protruding portion of the inner and outer wear members extends into the opening (Fig. 1-2; Col. 2, line 11-15, the pin lock which is received in vertical bore 12 enters the receiving hole of the excavating equipment to attach the adaptor 10 to the excavating equipment; the top wall 16 of both wear caps 15 face away from the vertical bore 12, and both side walls 17 extend in the same direction as the vertical bore 12).
Regarding Claim 12: Sjogren teaches of the apparatus described in claim 11.
Sjogren further teaches wherein the recess at least partially encloses a portion of the industrial accessory which at least partly defines a perimeter of the opening (Fig. 2, the wear caps 15 create a recess in the space between the support surfaces and the side walls 17 when the wear caps are attached to each other; the recess formed by the wear caps 15 serves to encompass at least part of the perimeter of the adaptor 10 and therefore at least a portion of the excavating equipment within, as the edge of wear members 15 overlap the vertical bore 12 by which the adaptor is attached to the excavating equipment).
Regarding Claim 13: Sjogren teaches of the apparatus described in claim 12.
Sjogren further teaches wherein the industrial accessory is an earth moving accessory for an earth moving machine, a load platform for moving earth material, and a load bay for moving earth material. (Col. 1, line 30-40, the wear caps on the top and bottom of the adaptor, which are positioned on the point of an excavator, vis, bucket, dredge, dipper, etc.).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sjogren in view of Jacobson.
Regarding Claim 4: Sjogren teaches of the apparatus described in claim 1.
Sjogren does not explicitly demonstrate the mating surfaces of the wear members in conforming contact with each other.
Jacobson teaches of a replaceable wear component for an industrial accessory (Jacobson: Col. 1, line 53-54, the invention relates to a replaceable tip for a heavy-duty demolition shear), wherein the wear component comprises:
an inner wear member comprising an inner wear surface,
an outer wear member comprising an outer wear surface (Jacobson: Fig1-2, shearing tip 110 comprises first half 110a and second half 110b),
wherein the inner and outer wear members are configured to be releasably attached to each other so that the inner and outer wear surfaces are provided on opposing sides of the wear component (Jacobson: Fig. 1-2, first half 110a and 110b are releasably secured to tip mounting portion 60 on opposite sides thereof), and
wherein at least one of the inner and outer wear members further comprises:
a support surface provided on an opposite side with respect to its wear surface (Jacobson: Fig. 1-2, first half 110a and second half 110b comprise a support surface that abut mounting surfaces 60a and 60b respectively, opposite the external face of the first and second half 110a and 110b),
a protruding portion provided on said opposite side, wherein the protruding portion extends away from the support surface and in a direction away from the wear surface of the wear member so that it forms an extension of the wear member (first half 110a and second half 110b comprise flange 110c, which extends away from the support surface and away from the external wear surface opposite the support surface),
and wherein the protruding portion comprises a mating surface facing away from the wear surface of the wear member, and wherein the mating surface of the at least one of the inner and outer wear members is adapted to face a corresponding mating surface of the other one of the inner and outer wear members when the inner and outer wear members are attached to each other (Fig. 6, flanges 110c comprise a mating surface at their distal ends, which face towards each other),
wherein the wear component is adapted so that the mating surface and the corresponding mating surface are able to be in conforming contact with each other when the inner and outer wear members are attached to each other (Jacobson: Fig. 6, flanges 110c are shown to be in conforming contact with each other when the first half 110a and second half 110b are attached).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the side walls taught by Sjogren to be in conforming contact with each other, such as is taught by Jacobson, to prevent damage to the upper jaw of the device upon which the wear member is being attached (Jacobson: Col. 2, line 10-13, the advantage of the tip encapsulating the upper jaw is that it prevents damage to the jaw). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of protecting the base wear component that the wear members encapsulate (MPEP 2143, Subsection I, A).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Sjogren in view of Bjerke.
Regarding Claim 7: Sjogren teaches of the apparatus described in claim 1.
Sjogren teaches that it is known for removable wear caps to be easily removable when replacement is indicated; however, no further details on this indication methodology is described (Sjogren: Col. 1, line 21-29, wear caps are designed to be placed under shock loads and be easily removable when a replacement is indicated, from 5-20 times over the life of the adaptor).
Bjerke teaches of a wear member assembly for an earth moving machine (Bjerke: paragraph 1, the invention relates to wear member for the cutting edges of mining, construction, and earth working machines), wherein at least one of the inner and outer wear members comprises a wear indicator which is adapted to provide a visual and/or haptic wear indicia to a user during use (Bjerke: Fig. 3; paragraph 22, the wear member 200 includes a wear indicator 218, which comprises a groove or protrusion to indicate to the user that the wear member needs to be replaced).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the unspecific indica of the disclosure of Sjogren with the specific groove or protrusion that gives visual indication to the user as taught by Bjerke (Bjerke: Paragraph 21-22, the wear indicator 218, which may be grooves or protrusions 224, indicates when the wear member 200 needs replacement without impacting the performance of the wear member 200). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of providing indication to the user of when the wear member needs to be replaced (MPEP 2143, Subsection I, B).
Allowable Subject Matter
Claims 14 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and to overcome rejections under 35 USC 112(b).
Regarding claim 14 and 15, while many examples of wear member assemblies that satisfy the conditions of claim 11 and 12 were found in prior art, no such examples were found wherein the structures described applied to a replaceable wear member designed to be placed within an opening or in contact with an opening disposed on a heel section of a bucket, provided between the bottom section and side wall of the bucket.
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.
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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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