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 .
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 5-8, 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Johannsen et al. (US 2010/0148575 A1; hereinafter “Johannsen ‘575”; previously cited and applied) in view of Johannsen et al. (US 2006/0284485 A1; hereinafter “Johannsen ‘485”; previously cited and applied) ‘485 and Mulligan (US 2010/0102624 A1; previously cited and applied).
Regarding claims 1 and 7, Johannsen ‘575 discloses an endless track chain 10 for use with a track-type vehicle (paragraph [0011]), the endless track chain comprising: a first link set (inner links 17a and 17b; Fig. 1) and a second link set (outer links 15; Fig. 1), the first link set including a first link 17a and a second link 17b, the second link set including a third link (“right-side” outer link 15 in Fig. 1) and a fourth link (“left-side” outer link 15 in Fig. 1); the first, second, third and fourth links including first 24a, second 24b, third (aperture 24 of “right-side” outer link 15 in Fig. 1) and fourth (aperture 24 of “left-side” outer link 15 in Fig. 1) bores therethrough (Fig. 1); and a cartridge 20 received through the first, second, third and fourth bores and connecting the first link set and the second link set (evident from Figs. 1 and 2), the cartridge including: a pin 39; a bushing 42 journaled on an axially central portion of the pin for relative rotation between the bushing and the pin (Fig. 2); first (“right-side” seal insert 44 in Fig. 2) and second (“left-side” seal insert 44 in Fig. 2) collars rotatably disposed on the pin on axially opposite sides of the bushing (Fig. 2; paragraph [0015]), the first and second collars being received in the first and second bores (evident from Figs. 1-3) and having axially form-fitting connections (comprised of seal insert recess 81, aperture recess 110 and retaining mechanism 32 as shown in Figs. 2 and 3) to the first and second links (Figs. 1 and 2); and third (“right-side” collar 48 shown in Fig. 2) and fourth (“left-side” collar 48 shown in Fig. 2) collars disposed on the pin axially outboard of the first and second collars, respectively (Fig. 2), the third and fourth collars being rotationally fixed and press fit to the pin (paragraph [0017]), wherein the axial form-fitting connection between the first collar and the first link includes a first radially outward facing groove (“right-side” 81 in Fig. 2) defined in an outer surface of the first collar (Fig. 2), a first radially inward facing groove 110 defined in an inner surface of the first bore (Fig. 3), and a resilient locking ring (“right-side” 32 in Fig. 2) partially received in each of the grooves to axially lock the first collar to the first link (Fig. 3; paragraphs [0012] and [0018]); and wherein the axial form-fitting connection between the second collar and the second link includes a second radially outward facing groove (“left-side” 81 in Fig. 2) defined in an outer surface of the second collar (Fig. 2), a second radially inward facing groove 110 defined in an inner surface of the second bore (evident from paragraph [0018] and Fig. 3); and a second resilient locking ring (“left-side” 32 in Fig. 2) partially received in each of the grooves to axially lock the second collar to the second link (Fig. 3; paragraphs [0012] and [0018]).
Regarding claims 1 and 7, Johannsen ‘575 fails to expressly disclose the third and fourth collars being rotationally fixed and press fit within the third and fourth bores so that the pin and the third and fourth collars are fixed relative to the third and fourth links to permit relative rotation between the first link set and the second link set.
Johannsen ‘485, however, teaches an endless track chain in which the third and fourth collars are rotationally fixed and press fit within the third and fourth bores (paragraph [0017]) and rotationally fixed and press fit to the pin (paragraph [0017]), so that the pin and the third and fourth collars are fixed relative to the third and fourth links (“may be press fit therewith” per paragraph [0016]) to permit relative rotation between the first link set and the second link set (evident from Fig. 2, and paragraph [0016]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the endless track chain of Johannsen ‘575 by rotationally fixing and press fitting the third and fourth collars within the third and fourth bores so that the pin and the third and fourth collars are fixed relative to the third and fourth links to permit relative rotation between the first link set and the second link set, such as taught by Johannsen ‘485, as a well-known endless track chain arrangement that would have a reasonable expectation of success in allowing the endless track chain to advance through its closed-loop path about the wheels of the vehicle to allow the vehicle upon which the track chain is mounted to move.
Regarding claim 1, Johannsen ‘575 further fails to expressly disclose the outside diameter of the third collar is less than an outside diameter of the first collar; and the outside diameter of the fourth collar is less than an outside diameter of the second collar.
Johannsen ‘485, however, teaches an endless track chain in which the outside diameter of the third collar 44a is less than an outside diameter of the first collar 36a (“Insert members 36a and 36b may have a slightly larger outer diameter than collars 44a and 44b” per paragraph [0017]); and wherein the outside diameter of the fourth collar 44b is less than an outside diameter of the second collar 36b (“Insert members 36a and 36b may have a slightly larger outer diameter than collars 44a and 44b” per paragraph [0017]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the endless track chain of Johannsen ‘575 by forming the third and fourth collars to have outside diameters that are less than outside diameters of the first collar and second collars, respectively, such as taught by Johannsen ‘485, with a reasonable expectation of success in facilitating the assembly of the endless track chain by allowing the third and fourth collars to more easily pass through the first and second bores, respectively, during assembly.
Moreover regarding claim 1, although Johannsen ‘485 further teaches “Each track link 15 will typically be identical” (paragraph [0017]) such that the amount of interference between the smaller diameter third and fourth collars 44a, 44b and the bores would implicitly be less than the amount of interference between the larger diameter first and second collars 36a, 36b and the bores, Johannsen ‘575, as modified by Johannsen ‘485, further fails to expressly disclose the outside diameter of the third collar being less than an inside diameter of the first bore so that the third collar can pass axially through the first bore without being press fit through the first bore; and the outside diameter of the fourth collar being less than an inside diameter of the second bore so that the fourth collar can pass axially through the second bore without being press fit through the second bore.
Mulligan, however, teaches an endless track chain in which the outside diameters of the collars are designed to be less than the inside diameters of the link bores through which the collars pass axially during assembly to avoid being press fit through such bores and to avoid “undue scoring of the cartridge components and the links” (paragraph [0041]).
From this teaching, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the endless track chain of Johannsen ‘575, as modified by Johannsen ‘485, by forming the outside diameter of the third and fourth collars to be less than the inside diameters of the first and second bores, respectively, so that third and fourth collars are capable of passing axially through the first and second bores, respectively, without being press fit thereto, with a reasonable expectation of success in avoiding undue scoring of the third and fourth collars and the first and second links.
Regarding claim 3, Johannsen ‘575 further discloses the first and second resilient locking rings each have a rectangular or a square cross-section (Fig. 3; paragraph [0012]).
Regarding claim 5, Johannsen ‘575 further discloses the outer surface of the first collar is press-fit within the first bore (paragraphs [0011] and [0016]).
Regarding claim 6, Johannsen ‘575 further discloses the outer surface of the first collar is not knurled (evident from Figs. 2 and 3, and paragraph [0016]).
Regarding claim 8, Johannsen ‘575 further discloses the first and second collars include first 51 and second 51 seal rings (Fig. 2), respectively, engaging opposite axial ends of the bushing; and the third and fourth collars include third 53 and fourth 53 seal rings (Fig. 2), respectively, engaging axially outer ends of the first and second collars, respectively (Fig. 2).
Regarding claim 10, Johannsen ‘575 discloses a method of assembling two end portions of a rotating pin cartridge assembly 20 with a first 17 and a second 17 axially inner chain link, the cartridge assembly including a pin 39, a first (collar 44 on a first side) and a second (collar 44 on a second side) collar rotatably received on the pin (Fig. 2; paragraph [0015]), and a third (collar 48 on the first side) and fourth (collar 48 on the second side) collar rotationally fixed to the pin (paragraph [0017]), wherein the first collar is axially inner of the third collar and the second collar is axially inner of the fourth collar (Fig. 2), the method comprising: radially compressing (step 410 in Fig. 4; paragraphs [0024-0025]) a first resilient locking ring (snap ring 32 on the first side) within a radially outwardly facing groove 81 of the first collar (Figs. 3 and 4; paragraphs [0024-0025]); passing the third collar through a bore of the first axially inner chain link (implicit from Figs. 1 and 2); axially moving the first collar into the bore of the first axially inner chain link while holding the first resilient locking ring radially compressed within the groove until the groove of the first collar aligns with a radially inward facing groove 110 of the bore of the first axially inner chain link (Figs. 3 and 4; paragraphs [0024-0025]); expanding the first resilient locking ring into the radially inward facing groove of the bore of the first axially inner chain link to axially lock the first collar to the first axially inner chain link (paragraph [0025]; Fig. 3); radially compressing a second resilient locking ring (snap ring 32 on the second side as shown in Fig. 2 and described in paragraph [0012]) within a radially outward facing groove (a second recess 81) of the second collar; passing the fourth collar through a bore of the second axially inner chain link (implicit from Figs. 1 and 2); axially moving the second collar into the bore of the second axially inner chain link while holding the second resilient locking ring radially compressed within the groove until the groove of the second collar aligns with a radially inward facing groove (a second recess 110) of the bore of the second axially inner chain link (Figs. 3 and 4; paragraphs [0024-0025]); and expanding the second resilient locking ring into the radially inward facing groove of the bore of the second axially inner chain link to axially lock the second collar to the second axially inner chain link (paragraph [0025]; Fig. 3)
Regarding claim 10, Johannsen ‘575 fails to expressly disclose the outside diameter of the third collar is less than an outside diameter of the first collar; and the outside diameter of the fourth collar is less than an outside diameter of the second collar.
Johannsen ‘485, however, teaches an endless track chain in which the outside diameter of the third collar 44a is less than an outside diameter of the first collar 36a (“Insert members 36a and 36b may have a slightly larger outer diameter than collars 44a and 44b” per paragraph [0017]); and wherein the outside diameter of the fourth collar 44b is less than an outside diameter of the second collar 36b (“Insert members 36a and 36b may have a slightly larger outer diameter than collars 44a and 44b” per paragraph [0017]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the endless track chain of Johannsen ‘575 by forming the third and fourth collars to have outside diameters that are less than outside diameters of the first collar and second collars, respectively, such as taught by Johannsen ‘485, with a reasonable expectation of success in facilitating the assembly of the endless track chain by allowing the third and fourth collars to more easily pass through the first and second bores, respectively, during assembly.
Regarding claim 10, although Johannsen ‘575 discloses passing the third collar through a bore of the first axially inner chain link and passing the fourth collar through a bore of the second axially inner chain link (implicit from Figs. 1 and 2), Johannsen ‘575 fails to expressly disclose such passing is without any press fitting of the third and fourth collars through the bores of the first and second axially inner chain links, respectively.
Mulligan, however, teaches an endless track chain in which the outside diameters of the collars are designed to be less than the inside diameters of the link bores through which the collars pass axially during assembly to avoid being press fit through such bores and to avoid “undue scoring of the cartridge components and the links” (paragraph [0041]).
From this teaching, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the endless track chain of Johannsen ‘575, as modified by Johannsen ‘485, so that the passing of the third and fourth collars through the bores of the respective first and second axially inner chain links is without any press fitting of the third and fourth collars through the bores of the respective first and second axially inner chain links with a reasonable expectation of success in avoiding undue scoring of the third and fourth collars and the first and second inner chain links.
Regarding claim 13, Johannsen ‘575 fails to expressly disclose first and second axially outer chain links being fixed to the third and fourth collars, respectively.
Johannsen ‘485, however teaches an endless track chain in which the first 15a and second 15a axially outer chain links are fixed to the third 44a and fourth 44b collars, respectively (paragraph [0017]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the endless track chain of Johannsen ‘575 by fixing the first and second axially outer chain links to the third and fourth collars, respectively, such as taught by Johannsen ‘485, as a well-known endless track chain arrangement that would have a reasonable expectation of success in allowing the endless track chain to advance through its closed-loop path about the wheels of the vehicle to allow the vehicle upon which the track chain is mounted to move.
Response to Arguments
Applicant's arguments filed 8 September 2026 have been fully considered but they are not persuasive.
In response to Applicant's arguments against the Johannsen ‘485 and Mulligan references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to Applicant’s statement regarding Johannsen ‘485 that “he is not saying that the outside diameter of the third collar is less than an inside diameter of the first bore or that the outside diameter of the fourth collar is less than an inside diameter of the second bore”, it is noted that Office Action made no such assertion. Instead, as noted above, Johannsen ‘485 expressly teaches the outside diameter of the third and fourth collars 44a, 44b is less than an outside diameter of the first and second collars 36a, 36b (“Insert members 36a and 36b may have a slightly larger outer diameter than collars 44a and 44b” per paragraph [0017]). Inasmuch as Johannsen ‘485 further discloses “Each track link 15 will typically be identical” (paragraph [0017]), it is clear to one having ordinary skill in the art that Johannsen ‘485 implicitly teaches the amount of interference between the smaller diameter third and fourth collars 44a, 44b and first and second bores would implicitly be less than the amount of interference between the larger diameter first and second collars 36a, 36b and the same bores, thus facilitating the assembly of the endless track chain by allowing the third and fourth collars to more easily pass through the first and second bores, respectively, during assembly.
In response to Applicant’s arguments that “the cartridge of Mulligan differs significantly from what is required by amended claim 1”, note again the rejection of claim 1 is based upon the combination of Johannsen ‘575, Johannsen ‘485 and Mulligan. As noted above, Mulligan was used as a general teaching of forming the outside diameters of the collars to be less than the inside diameters of the link bores through which the collars pass axially during assembly to avoid being press fit through such bores and to avoid “undue scoring of the cartridge components and the links” (paragraph [0041]). From this teaching, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the endless track chain of Johannsen ‘575, as modified by Johannsen ‘485, by forming the outside diameter of the third and fourth collars to be less than the inside diameters of the first and second bores, respectively, so that third and fourth collars are capable of passing axially through the first and second bores, respectively, without being press fit thereto, with a reasonable expectation of success in avoiding undue scoring of the third and fourth collars and the first and second links.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIP T KOTTER whose telephone number is (571)272-7953. The examiner can normally be reached 9:30-6 EST Monday-Friday.
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/Kip T Kotter/Primary Examiner, Art Unit 3615
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