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 .
Election/Restrictions
Applicant’s election without traverse of group 1, claims 1-23, in the reply filed on 6-24-2026 is acknowledged.
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 use the word “means,” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
Such claim limitation(s) is/are:
“biasing means” in claims 2, 3, 14, 16, 18, 22.
“means for restraining” in claim 14
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 Objections
Claim 22 is objected to because of the following informalities:
“the second locating portion 72” should read: “ the second locating portion 74”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 3, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 18 uses the phrase “can be” which renders the claim indefinite as it is unclear if the limitations following “can be” are required by the claim or are optional.
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.
Claim(s) 1-7, 14 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giudice (WO 2020/113261).
Regarding claim 1, Giudice discloses a locking assembly (1 figure 10A) for locking a ground engaging tool (2) over a base (adapter 3), the locking assembly (As shown Figures 5 and 6) including a lock (body 4) arranged to pivot (pivots on concave surface 18) between a locking position and a release position (shown for example between figures 11A and 11B), the lock being biased into the locking position (Figure 6B shows the lock in a freely movable position. ¶0067 discloses the lock may be fitted within the top of the tool instead of the sides. In the configuration of the lock being in the freely movable position and in the top surface gravity would bias the lock downward into the locking position), the lock having a first face (bottom face of lock opposite of crank 9) arranged to act against an activating surface of the base (nose surface of the adapter 3), wherein the action of the first face of the lock against the activating surface of the base causes pivoting of the lock into the release position (Sliding the tool onto the adapter when the lock able to freely move would rotate the lock upwardly into the released position before it reaches cavity 22).
Regarding claim 2, Giudice discloses wherein the lock has a second face which is arranged to act against a resilient biasing means (biasing means 14 acts against a second face of the lock).
Regarding claim 3, Giudice discloses wherein the biasing means 26 is formed of elastically deformable material (¶0087 discloses rubber).
It is noted that the claim does not positively disclose spring steel, however it would be further obvious to one of ordinary skill in the art to use any known resilient material such as a spring.
Regarding claim 4 and 5, Giudice discloses wherein the second face is angled at about 50 degrees relative to the first face (The second face forms an angle of greater than 45 degrees with the first face and is considered to be about 50 degrees. See annotated figure below).
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Regarding claim 6, Giudice discloses wherein the lock 18 has a third face (front face portion pointed to by indicator 7) which is arranged, in use, to engage with a holding face of the base (Face portion of cavity 22 as seen for example in figure 11B).
Regarding claim 7, Giudice discloses wherein the third face is arcuate (Figure 5 and 6 show that the end of the face is curved at the bottom to form an arcuate shape).
Regarding claim 14, Giudice discloses wherein the locking assembly includes a lock supporting member (20) having means for restraining the biasing means (When protruding outwardly of the lock body 4).
Regarding claim 23, Giudice discloses ground engaging tool (2) having an internal socket arranged to locate over a base (adapter 3), and an external wear face, the ground engaging tool having a lock receiving aperture (As seen in figure 10A) in which is located a locking assembly (1) as claimed in claim 1.
Allowable Subject Matter
Claims 8-13 and 15-22 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Paizes (USPN 4881331).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J BEHRENS whose telephone number is (303)297-4336. The examiner can normally be reached M-F 9am-2pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca can be reached at (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J BEHRENS/ Primary Examiner, Art Unit 3671
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