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 .
STATUS OF CLAIMS
This Final action is in reply to the application 18713173 amendment filed on 09/08/2026
Claim 1 – 10 are amended
Claim 11 is new
Claims 2 – 11 are objected
Claims 1 - 11 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/06/2026 was fully considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Response to arguments
The examiner states that the applicants argument with respect to the applicants arguments are not persuasive. The examiner states that the prior art and the claim invention are not exact, however states that based upon the examiners interpretation of the claim,
F1 is “the sheath thereby being fixed in rotation relative to said tooth holder about the keyway axis by means of the outer wall” This is taught in fig. 2 and fig. 1 – 40 outer wall sheath, wherein the sheath – 40 is fixed in rotation as the sheath fits into 14 wherein fixed in rotation by outer wall means no rotation because of shape of sheath.
F2 is “the key being received in said housing duct so as to be pivotable relative to said sheath, between: an insertion orientation of the key relative to said sheath ... and a locking orientation of the key relative to said sheath” The examiner states that this is taught in Fig.16 – key 50, fits inside sheath 40, key 50 fits housing duct 48 known as the longitudinal inner cavity and fig. 6 – 14 show the orientation of sheath. and bearing end , the end part of key 50 in fig. 16.
F3 is “a key which is monolithic and comprises a bearing cam” This is taught by Fig.16 – key 50
and
F4 is “the keying device clamps said tooth against said tooth holder along the nesting direction under the action of said key, by bearing of said bearing end directly against said bearing seat, along the nesting direction, and by bearing of said bearing cam against said housing duct, in the opposite direction to the nesting direction” this is taught in fig. 7 – where in the start shape surface is the bearing seat that fits the bearing end of the key 50, wherein bearing seat would be the bearing end resting on the bearing seat. Wherein the bearing seat is located inside of the sheath.)
The examiner states that the applicants arguments with regards to the claimed elements above are read in light of the specification. Claimed elements such as a key being monolithic and comprises a bearing cam does not need to impart the limitations of the element from the specification into the claims because that would be improper. Additionally, the specification does not indicate that the claimed structure must be read as having the same scope as written in the specification. As such, the claims elements are read in light of the specification.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1 is rejected under 35 U.S.C. 10(a1)(a2) as being unpatentable by US PG Pub 20140298692 – Marchand – et al. hereinafter MARCHAND
Regarding Claim 1
MARCHAND discloses:
(currently amended) A wear assembly for a bucket of an extraction or work machine, the wear assembly comprising:
a tooth holder attached to the bucket and comprising a keyway, traversed by a keyway axis;( Fig. 1 – tooth holder 10)
a tooth, which is configured to be nested onto said tooth holder along a nesting direction, and comprising a bearing seat; and(fig. 1 – tooth 20)
a keying device, comprising: (fig. 2 - keying device 30 )
a sheath, comprising: ( Fig. 2 – sheath – 40 - outer wall fits into a keyway in tooth holder)
a housing duct: and( the orifice that fits a key inside the sheath 40)
an outer wall, the sheath being configured to be received in said keyway by means of the outer wall, the sheath thereby being fixed in rotation relative to said tooth holder about the keyway axis by means of the outer wall and ( fig. 2 and fig. 1 – 40 outer wall sheath)
a key which is monolithic and comprises a bearing cam and a bearing end formed in one
piece, the key being received in said housing duct so as to be pivotable relative to said sheath, between: (Fig.16 – key 50 fits inside sheath 40 and bearing end , the end part of key 50 in fig. 16 )
an insertion orientation of the key relative to said sheath, wherein the key is able to be slid into said housing duct while said sheath is received in the said keyway: and( fig. 6 – 14 orientation of sheath into keyway 14~housing duct)
a locking orientation of the key relative to said sheath, wherein, while said sheath is received in the said keyway the keying device clamps said tooth against said tooth holder along the nesting direction under the action of said key, by bearing of said bearing end directly against said bearing seat ( fig. 7 – where in the start shape surface is the bearing seat that fits the bearing end of the key 50, wherein bearing seat would be the bearing end resting on the bearing seat. Wherein the bearing seat is located inside of the sheath.), along the nesting direction, and by bearing of said bearing against said housing duct, in the opposite direction to the nesting direction ( fig. 5 shows bearing and housing duct sitting at z25)
Allowable subject matter
Claim 2- 10 are allowable.
Claim 2 – 10 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.
MARCHAND discloses of a wear assembly. While wear assemblies are with magnetic detection is known, MARCHAND / SERRURIER, such references do not disclose the specific details for the sheath and key. Such modification would require too significant modifications and would constitute an improper degree of hindsight reasoning.
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 ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
