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 09/23/2026, see Applicant’s Arguments/Remarks Made in an Amendment, have been fully considered but they are not persuasive. In the interest of compact prosecution, examiner wishes to respond to specific arguments made by applicant.
With regard to the objections to claims 1-2, 5-8, and 11-12, appropriate corrections have been made and the objections have been withdrawn.
With regard to the rejections under 35 USC 112(b) of claim 1, 6-7, and 12, in light of the amendments made, the rejections have been withdrawn.
Applicant argues in point 1 that the key inventive step of the claimed invention lies in the completely static and passive nature of the signaling member 14, supported by paragraph 45 of the specification. Applicant posits that the signaling member of Kollmann (US 20200002913 A1) is a complex, active, moving mechanism, and as such, is disadvantageous when compared to the claimed invention as it applies to work in a harsh working environment, and as such, one of ordinary skill in the art at the time the invention was properly filed would not seek the disclosure of Kollmann to arrive at the instant application.
Examiner does not find this argument persuasive. Examiner acknowledges that the movable nature of Kollmann is different in application that the static nature of the instant application; however, there is no suggestion, requirement, or recitation in the claimed language that requires a fixed, passive apparatus as argued that would overcome any comparison to Kollmann. To require such details to be required in the claimed invention as they pertain to the specification of the application would be improperly importing limitations from the specification into the claims, as the claimed language is broader in scope than the recitation of the particular embodiment that requires a static, passive signaling mechanism described in the specification (MPEP 2111.01, Subsection II).
Applicant further argues in point 2 that the invention requires both a front and lateral indicator, specifically head 120 of prismatic member 12 and static signaling member 14 respectively, to indicate a sufficient and safe coupling, and that both signals in combination, simultaneous, are required, and that neither Kollmann nor Faivre (US 20190368156 A1) teach, alone or in combination, and therefore the claimed invention is distinguished over prior art.
Examiner does not find this argument persuasive. There is no recitation of a requirement that a front and lateral indicator must both, in combination, simultaneously indicate that the coupling is secure. As stated above, to require such details to be required in the claimed invention as they pertain to the specification of the application would be improperly importing limitations from the specification into the claims, as the claimed language is broader in scope than the recitation of the particular embodiment that requires the two simultaneous signaling members that are described in the specification (MPEP 2111.01, Subsection II).
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, 6-7, and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kollmann as part of US 20200002913 A1, hereinafter referred to as Kollmann.
Regarding Claim 1: Kollmann teaches of a safety device for a quick coupling installable at a free end of an articulated arm of an operating machine (Paragraph 2, quick couplings are installable between a boom structure of a machine such as an excavator and an implement attachment; Paragraph 6, the quick change coupler device includes a signaling device to increase safety through the ability to monitor proper locking conditions of the coupling) and designed to stably grab an adapter associated with a tool and provided with two parallel axles (Fig. 1-2, couplings 5 and 6 are grabbed by the quick change coupler device 1 to attach the implement to the boom of the machine); said quick coupling comprising
a box-shaped frame which extends in a given direction (Fig. 2, support member 7 together with parallel side sections 12, of quick change coupler device 1 define a box shaped frame which extends in a direction between receiving members 8 and 9) and has a seat at the front developed in a direction transverse to said direction for a first axle of said two axles (Fig. 1, receiving members 8 define a seat in the axial direction of coupling member 5);
said frame having two parallel sides which extend in said given direction (Fig. 2, the defined frame of coupler device 1 comprises two parallel side sections 12 extending the defined direction);
at least one elongated locking member delimited axially by a respective end portion (Fig. 7, locking members 10 are limited at curvature 30 at their respective end portions) being carried by a moving element coupled to said frame in a movable manner along said direction (Fig. 7, locking members 10 are movable via cylinder 15) between a neutral position in which each said elongated member has the respective said end portion rearwardly distinct from a second axle of said two axles (Fig. 5-7, locking members 10 are shown to be in a retracted position, where the retracted position is rearward of coupling member 6) and an active position in which each said elongated member has the respective said end portion in locking contact with said second axle (Fig. 7, locking members 10 are shown to be in an active position, wherein the curvature end 30 is in locking contact with the coupling member 6);
wherein the safety device further comprises visual signaling means (Fig. 1-2, signaling member 17) which, when said first axle is housed in said seat and each said elongated member is arranged in the respective said active position, are adapted to visually distinguish a condition of incomplete coupling between said quick coupling and said adapter in which said second axle is distinct from said end portion from a condition of complete coupling between said quick coupling and said adapter in which said second axle is locked by said end portion (Fig. 5-8; Paragraph 38, signaling member 17 translationally moves between an unlocked and locked position, as is determined by the coupling members 5 and 6 not engaging in the receiving members 8 and 9 respectively);
said visual signaling means comprising at least one signaling member associated externally with a first side of said two sides and arranged in position such as to be, in use, invisible exclusively in the case of complete coupling between said quick coupling and said adapter (Fig. 5-7, signaling member 17 may comprise a flap, one side of which is invisible to the operator when the flap is in the locked position, located on the first side of the quick change coupler device defined by the location of coupling member 5).
Regarding Claim 6: Kollmann teaches of the apparatus described above in claim 1.
Kollmann further teaches of the apparatus being wherein said signaling member is delimited by a face detected relative to the respective said first side (Fig. 1, signaling member 17 is limited in its movement by the face of casing 18, which is disposed on the defined first side) having a thickness less than or equal to a length calculated as half of the difference between a free longitudinal extension of said first and second axles and a distance between the outer surfaces of said sides (Fig. 1-2, the thickness of signaling member 17 is shown to be less than or equal to half of a length calculated by half of the distance between the coupling members 5 and 6 in a longitudinal direction, and the outer surfaces of parallel side sections 12).
Regarding Claim 7: Kollmann teaches of a quick coupling installable at a free end of an operating machine (Paragraph 2, quick couplings are installable between a boom structure of a machine such as an excavator and an implement attachment) and designed to stably grab an adapter associated with a tool and provided with two parallel axles (Fig. 1-2, couplings 5 and 6 are grabbed by the quick change coupler device 1 to attach the implement to the boom of the machine); said quick coupling comprising
a box-shaped frame which extends in a given direction (Fig. 2, support member 7 together with parallel side sections 12, of quick change coupler device 1 define a box shaped frame which extends in a direction between receiving members 8 and 9) and has a seat at the front developed in a direction transverse to said direction for a first axle of said two axles (Fig. 1, receiving members 8 define a seat in the axial direction of coupling member 5);
said frame having two parallel sides which extend in said given direction (Fig. 2, the defined frame of coupler device 1 comprises two parallel side sections 12 extending the defined direction);
at least one elongated locking member delimited axially by a respective end portion (Fig. 7, locking members 10 are limited at curvature 30 at their respective end portions) and carried by a moving element coupled to said frame in a movable manner along said direction (Fig. 7, locking members 10 are movable via cylinder 15) between a neutral position in which each said elongated member has the respective said end portion rearwardly distinct from a second axle of said two axles (Fig. 5-7, locking members 10 are shown to be in a retracted position, where the retracted position is rearward of coupling member 6) and an active position in which each said elongated member has the respective said end portion in locking contact with said second axle (Fig. 7, locking members 10 are shown to be in an active position, wherein the curvature end 30 is in locking contact with the coupling member 6);
wherein the safety device comprises visual signaling means (Fig. 1-2, signaling member 17) which, when said first axle is housed in said seat and each said elongated member is arranged in the respective said active position, are adapted to visually distinguish a condition of incomplete coupling between said quick coupling and said adapter wherein said second axle is distinct from said end portion from a condition of complete coupling between said quick coupling and said adapter wherein said second axle is locked by said end portion (Fig. 5-8; Paragraph 38, signaling member 17 translationally moves between an unlocked and locked position, as is determined by the coupling members 5 and 6 not engaging in the receiving members 8 and 9 respectively);
said visual signaling means comprising at least one signaling member associated externally with a first side of said two sides and arranged in position such as to be, in use, invisible exclusively in the case of complete coupling between said quick coupling and said adapter (Fig. 5-7, signaling member 17 may comprise a flap, one side of which is invisible to the operator when the flap is in the locked position, located on the first side of the quick change coupler device defined by the location of coupling member 5).
Regarding Claim 12: Kollmann teaches of the apparatus described above in claim 7.
Kollmann further teaches of the apparatus being wherein said signaling member is delimited by a face detected relative to the respective said first side (Fig. 1, signaling member 17 is limited in its movement by the face of casing 18, which is disposed on the defined first side) having a thickness less than or equal to a length calculated as half of the difference between a free longitudinal extension of said first and second axles and a distance between the outer surfaces of said sides (Fig. 1-2, the thickness of signaling member 17 is shown to be less than or equal to half of a length calculated by half of the distance between the coupling members 5 and 6 in a longitudinal direction, and the outer surfaces of parallel side sections 12).
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.
Claims 2-5 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kollmann in view of Faivre et al as part of US 20190368156 A1, hereinafter referred to as Faivre.
Regarding Claim 2: Kollmann teaches of the apparatus described above in claim 1.
Kollmann further teaches of the apparatus being wherein said visual signaling means comprise a member which extends in a direction parallel to said direction and is stably coupled to said moving element (Kollmann: Fig. 7-8, bolt 20 extends in a direction parallel to said defined direction and is rigidly coupled to cylinder 15 via hinge 21, jointed rod 23, and movable rod 19, which causes bolt 20 to move in response to cylinder 15 extending or retracting),
said frame having a hole at the front for a head of said member (Kollmann: Fig. 5-8, casing 18, which may be considered as part of the frame of quick coupler device 1, proves a hole for the head of bolt 20).
While Kollmann teaches that the visual indicator may be a flap, a bolt or any other suitable signaling member (Kollmann: Paragraph 10), Kollmann does not teach of the member being prismatic or colored in such a way that it contrasts with the color of the frame.
Faivre teaches of a latching arrangement for a coupling, which attaches a work implement to a work machine (Faivre: paragraph 7, the front loader is mounted to a work vehicle), wherein a locking mechanism is indicated to the operator a state of the coupling on the implement (Faivre: paragraph 6, the disclosure provides a latching arrangement that enables an operator to easily detect that the loader is coupled to the work vehicle), wherein the indicator has a contrasting color relative to said frame (Faivre: Paragraph 46, gauge surfaces 150 and 152 may be color coded through the application of paint, stickers, etching, etc. to visually indicate different configurations to an operator).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the signaling member of Kollmann to be a signaling member that is brightly or prismatically colored relative to the frame, such as the indication means taught by Faivre, to more easily indicate a locking condition between the vehicle and the implement to the operator (Faivre: Paragraph 46, the coloration of the gauge surfaces 150 and 152 would act to indicate to an operator the position of the latch system 102). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of indicating to the operator the condition of the locking member via the use of a colored/prismatic member.
Regarding Claim 3: Kollmann in view of Faivre teaches of the apparatus described in claim 2.
Kollmann further teaches of the apparatus being wherein said hole is obtained above said seat (Kollmann: Fig. 1, the hole in casing at 18 is laterally above the seat for coupling member 5).
Regarding Claim 4: Kollmann in view of Faivre teaches of the apparatus described in claim 3.
Kollmann further teaches of the apparatus being wherein each of said sides has a hook at the front for defining said seat (Kollmann: Fig. 1-2, receiving member 8 comprises hooks which define the seat for coupling member 5);
said frame having a concave portion facing on the side opposite to said seat adapted, in use, to coact with each said elongated member arranged in said active position to rearwardly delimit a "C" shaped space adapted to house said second axle (Kollmann: Fig. 2, receiving member 9, opposite from receiving member 8, comprises a concave portion which creates a "C" shaped space when the locking members 10 are engaged to engage coupling member 6).
Regarding Claim 5: Kollmann in view of Faivre teaches of the apparatus described in claim 4.
Kollmann further teaches of the apparatus being wherein said signaling member is positioned close to said concave portion (Kollmann: Fig. 1, signaling member 17 is configured vertically close to the concave portion defined by locking members 10).
Regarding Claim 8: Kollmann teaches of the apparatus described above in claim 7.
Kollmann further teaches of the apparatus being wherein said visual signaling means comprise a member which extends in a direction parallel to said direction and is stably coupled to said moving element (Kollmann: Fig. 7-8, bolt 20 extends in a direction parallel to said defined direction and is rigidly coupled to cylinder 15 via hinge 21, jointed rod 23, and movable rod 19, which causes bolt 20 to move in response to cylinder 15 extending or retracting),
said frame having a hole at the front for a head of said member (Kollmann: Fig. 5-8, casing 18, which may be considered as part of the frame of quick coupler device 1, proves a hole for the head of bolt 20).
While Kollmann teaches that the visual indicator may be a flap, a bolt or any other suitable signaling member (Kollmann: Paragraph 10), Kollmann does not teach of the member being prismatic or colored in such a way that it contrasts with the color of the frame.
Faivre teaches of a latching arrangement for a coupling, which attaches a work implement to a work machine (Faivre: paragraph 7, the front loader is mounted to a work vehicle), wherein a locking mechanism is indicated to the operator a state of the coupling on the implement (Faivre: paragraph 6, the disclosure provides a latching arrangement that enables an operator to easily detect that the loader is coupled to the work vehicle), wherein the indicator has a contrasting color relative to said frame (Faivre: Paragraph 46, gauge surfaces 150 and 152 may be color coded through the application of paint, stickers, etching, etc. to visually indicate different configurations to an operator).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the signaling member of Kollmann to be a signaling member that is brightly or prismatically colored relative to the frame, such as the indication means taught by Faivre, to more easily indicate a locking condition between the vehicle and the implement to the operator (Faivre: Paragraph 46, the coloration of the gauge surfaces 150 and 152 would act to indicate to an operator the position of the latch system 102). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of indicating to the operator the condition of the locking member via the use of a colored/prismatic member.
Regarding Claim 9: Kollmann in view of Faivre teaches of the apparatus described in claim 8.
Kollmann further teaches of the apparatus being wherein said hole is obtained above said seat (Kollmann: Fig. 1, the hole in casing at 18 is laterally above the seat for coupling member 5).
Regarding Claim 10: Kollmann in view of Faivre teaches of the apparatus described in claim 9.
Kollmann further teaches of the apparatus being wherein each of said sides has a hook at the front for defining said seat (Kollmann: Fig. 1-2, receiving member 8 comprises hooks which define the seat for coupling member 5);
said frame having a concave portion facing on the side opposite to said seat adapted, in use, to coact with each said elongated member arranged in said active position to rearwardly delimit a "C" shaped space adapted to house said second axle (Kollmann: Fig. 2, receiving member 9, opposite from receiving member 8, comprises a concave portion which creates a "C" shaped space when the locking members 10 are engaged to engage coupling member 6).
Regarding Claim 11: Kollmann in view of Faivre teaches of the apparatus described in claim 11.
Kollmann further teaches of the apparatus being wherein said signaling member is positioned close to said concave portion (Kollmann: Fig. 1, signaling member 17 is configured vertically close to the concave portion defined by locking members 10).
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.
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.
/EVAN A BREGEL/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
Prosecution Insights