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 with traverse of election in the reply filed on 12/01/2025 is acknowledged. The traversal is on the ground(s) that there is no serious burden for the examiner to search/examiner all the claims in the present application. This is not found persuasive because the two groups require different classification for the apparatus and the method, which is a serious burden to the examiner.
The requirement is still deemed proper and is therefore made FINAL.
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 1- 3, 5 – 7, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Feistel (U.S. Patent # 11698062) in view of Gorman et al. (U.S. Patent # 4807890).
Regarding Claim 1, Feistel discloses a hydraulic cylinder for a work vehicle (21, fig 9), the hydraulic cylinder comprising: a cylinder extending between a first end and a second end (radial inner and outer ends of 17, fig 2 same as fig 9), the cylinder including a retention feature (5) positioned adjacent to the first end (radial inner end of 17); a rod (2) slidingly disposed in the cylinder (17); and a scraper assembly (3, 5, 7 , 8, 12) circumscribing the cylinder and the rod (figs 1 and 2), the scraper assembly comprising:a ring (8, fig 2) including an outer surface (outer surface of 8) and a radially spaced inner surface (inner surface of 8), the radially spaced inner surface contacting a portion of the rod (inner surface of 8 contacting 2); a collar (7) extending between a first surface (radial inner surface of 7) and a radially spaced second surface (radial outer surface of 7),
the collar including a first portion contacting the retention feature of the cylinder;
and a plate (12) contacting the first surface of the collar ( as seen in examiner annotated fig 1 below),wherein the collar and the plate cooperate to radially compress the ring against the rod (7 and 12 configured to radially compress the ring against the rod).
Feistel does not disclose the collar including a first portion contacting the outer surface of the ring.
However, Gorman teaches the collar including a first portion (67, fig 3c) contacting the outer surface of the ring (outer surface of 65, fig 3c).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the ring of Feistel with that of Gorman with a reasonable expectation of success so that the split ring in the packing box prevents the necessity of having to seal against high pressure hydraulic fluid by the ring
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Regarding Claim 2, the combination of Feistel and Gorman discloses the hydraulic cylinder, wherein the retention feature defines one or more notches (5 with notches 14).
Regarding Claim 3, the combination of Feistel and Gorman discloses the hydraulic cylinder, wherein: a first plurality of fasteners (first plurality of screws running through 14) secure the plate to the collar (first plurality of screws through 14 secure 12 to 7), the first plurality of fasteners extend through each of the one or more notches ( first plurality of fasteners through 14), and the first plurality of fasteners cooperate to limit rotation of the plate and the collar relative to the cylinder ( first plurality of fasteners cooperate to limit rotation of 12 and 7 relative to 17, fig 2) .
Regarding Claim 5, the combination of Feistel and Gorman discloses the hydraulic cylinder, wherein: the ring extends between a first surface and an axially spaced second surface (Gorman two axial surfaces of 65 as seen in examiner annotated Gorman fig 3c below), a step (step of 65 as seen in examiner annotated Gorman fig 3c below) extends radially inward from the radially spaced inner surface and is positioned between the first surface of the ring and the axially spaced second surface of the ring (as seen in examiner annotated Gorman fig 3c below), a first portion of the ring is defined between the first surface and the step (as seen in examiner annotated Gorman fig 3c below), and a second portion of the ring is defined between the step and the axially spaced second surface (as seen in examiner annotated Gorman fig 3c below).
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Regarding Claim 6, the combination of Feistel and Gorman discloses the hydraulic cylinder, wherein one of the first portion and the second portion of the ring contacts the rod (radial inner portion of Gorman 65 contacts the shaft) and the other of the first portion and the second portion of the ring is spaced apart from the rod (radial outer portion of Gorman 65 spaced apart from the shaft).
Regarding Claim 7, the combination of Feistel and Gorman discloses the hydraulic cylinder, wherein the first surface of the ring contacts the plate (first surface of Gorman 65 contacts plate 12 of Feistel), the axially spaced second surface of the ring contacts the collar (second surface of Gorman 65 contacts collar 7 of Feistel), and the second portion of the ring contacts the rod (second portion of Gorman 65 contacts the shaft).
Regarding Claim 9, the combination of Feistel and Gorman discloses the hydraulic cylinder, wherein the scraper assembly further comprises a seal (Feistel 3, 5, 11).
Regarding Claim 10, the combination of Feistel and Gorman discloses the hydraulic cylinder, wherein: the seal includes an outer surface (Feistel outer surface of 3, 5) and an inner surface (Feistel inner surface of 1) spaced radially inward from the outer surface (Feistel fig 1), the outer surface of the seal contacts a third portion of the collar (Feistel outer surface of 3, 5 contacts a third portion of 7), and the inner surface of the seal contacts the rod (Feistel inner surface of 11 contacts 2).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Feistel in view of Gorman and in further view of Siems ( U.S. Patent # 4106592).
Regarding Claim 4, the combination of Feistel and Gorman discloses the hydraulic cylinder, wherein : the first surface of the collar defines a plurality of apertures extending therethrough (first surface of collar with plurality of 14).
The combination of Feistel and Gorman does not disclose a second plurality of fasteners are received in the plurality of apertures, and the second plurality of fasteners cooperate to secure the plate to the collar.
However, Siems teaches a second plurality of fasteners (second plurality of fasteners 22 in 28, fig 3) are received in the plurality of apertures (apertures 28, fig 3), and the second plurality of fasteners cooperate to secure the plate to the collar (fasteners 22 in 28 cooperate to secure plate 19 to collar 14, fig 9) .
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the second plurality of fasteners of Siems that secure the plate and collar of Gorman with a reasonable expectation of success so that two sets of fasteners accommodate in two sets of apertures with different radial distances in the cylinder to secure the plate to the collar (Siems Col 4 Lines 26 – 41).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Feistel in view of Gorman and in further view of Schaefer (U.S. Patent # 5513556).
Regarding Claim 8, the combination of Feistel and Gorman discloses the hydraulic cylinder.
The combination of Feistel and Gorman does not disclose wherein the first surface of the ring contacts the collar, the axially spaced second surface of the ring contacts the plate, and the second portion of the ring contacts the rod.
However, Schaefer teaches wherein the first surface of the ring contacts the collar (first surface of 38, fig 4 contacts collar 37), the axially spaced second surface of the ring contacts the plate (second surface of 38 contacts plate 39), and the second portion of the ring contacts the rod (second portion of 38 contacts the shaft).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the ring of Feistel with that of Schaefer with a reasonable expectation of success so that the collar urges the ring of the seal into engagement with the outer surface of the piston rod (Schaefer Col 3 Line 65 – Col 4 Line 3).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Feistel in view of Gorman an in further view of Zhou (U.S. PG Pub # 20220074400).
Regarding Claim 11, the combination of Feistel and Gorman discloses the hydraulic cylinder.
The combination of Feistel and Gorman discloses wherein the ring is formed of a metallic material.
However, Zhou teaches wherein the ring is formed of a metallic material (Para 0053 -114 made of metal bronze).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the material of the ring of Feistel with that of Zhou with a reasonable expectation of success so that the ring withstands a high pressure differential (Zhou Para 0053).
Regarding Claim 12, the combination of Feistel, Gorman and Zhou discloses the hydraulic cylinder, wherein the ring is formed of bronze, copper, alloys thereof, and combinations thereof (Zhou Para 0053 -114 made of metal bronze).
Claims 13 and 15 - 18 are rejected under 35 U.S.C. 103 as being unpatentable over Feistel in view of Gorman and in further view of Radke (U.S. Patent # 3124502).
Regarding Claim 13, the combination of Feistel and Gorman discloses the hydraulic cylinder.
The combination of Feistel and Gorman does not disclose wherein the ring includes a first semi-circular ring and a second semi-circular ring.
However, Radke teaches wherein the ring includes a first semi-circular ring and a second semi-circular ring (7, 8, fig 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the ring of Feistel with two semi-circular rings as in Radke with a reasonable expectation of success so that the ring provides easier insertion into the seal assembly.
Regarding Claim 14, the combination of Feistel and Gorman discloses the hydraulic cylinder.
The combination of Feistel and Gorman does not disclose wherein the collar includes a first semi-circular collar and a second semi-circular collar.
However, Radke teaches wherein the collar includes a first semi-circular collar and a second semi-circular collar (7, 8, fig 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the collar of Feistel with two semi-circular collars as in Radke with a reasonable expectation of success so that the collar provides easier insertion into the seal assembly.
Regarding Claim 15, the combination of Feistel and Gorman discloses the hydraulic cylinder.
The combination of Feistel and Gorman does not disclose wherein the plate includes a first semi-circular plate and a second semi-circular plate.
However, Radke teaches wherein the plate includes a first semi-circular plate and a second semi-circular plate (7, 8, fig 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the plate of Feistel with two semi-circular plates as in Radke with a reasonable expectation of success so that the plate provides easier insertion into the seal assembly.
Regarding Claim 16, Feistel discloses a hydraulic cylinder for a work vehicle (21, fig 9), the hydraulic cylinder comprising: a cylinder extending between a first end and a second end (two ends of 21), wherein a retention feature (5, fig 1 same as fig 9) is positioned adjacent to the first end (first end of 21); a rod (2) slidingly disposed in the cylinder (21).
Feistel does not disclose a first semi-circular ring and a second semi-circular ring.
However, Radke teaches wherein the ring includes a first semi-circular ring and a second semi-circular ring (7, 8, fig 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the ring of Feistel with two semi-circular rings as in Radke with a reasonable expectation of success so that the ring provides easier insertion into the seal assembly.
Feistel does not disclose a first semi-circular collar and a second semi-circular collar.
However, Radke teaches wherein the collar includes a first semi-circular collar and a second semi-circular collar (7, 8, fig 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the collar of Feistel with two semi-circular collars as in Radke with a reasonable expectation of success so that the collar provides easier insertion into the seal assembly.
Feistel does not disclose a first semi-circular plate and a second semi-circular plate.
However, Radke teaches wherein the plate includes a first semi-circular plate and a second semi-circular plate (7, 8, fig 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the plate of Feistel with two semi-circular plates as in Radke with a reasonable expectation of success so that the plate provides easier insertion into the seal assembly.
The combination of Feistel and Radke discloses a scraper assembly comprising : a first semi-circular ring and a second semi-circular ring contacting the first semi-circular ring (two semi-circular rings of 8 of Feistel modified with Radke contacting each other), the first semi-circular ring and the second semi-circular ring circumscribing and contacting a portion of the rod (two semi-circular rings of 8 of Feistel modified with Radke contacting Feistel 2); a first semi-circular collar and a second semi-circular collar contacting the first semi-circular collar (two semi-circular collars of 7 of Feistel modified with Radke contacting each other), a first portion of each of the first semi-circular collar and the second semi-circular collar contacting the retention feature of the cylinder (first portion of each of first and second semi-circular collars of 7 of Feistel modified with Radke contacting Feistel 5) and a second portion of each of the first semi-circular collar and the second semi-circular collar contacting the first semi-circular ring and the second semi- circular ring (second portion of each of first and second semi-circular collars of 7 of Feistel modified with Radke contacting the first semi-circular ring and the second semi- circular ring of Feistel 8 modified with Radke); and a first semi-circular plate and a second semi-circular plate contacting the first semi-circular plate (two semi-circular plates of 12 of Feistel modified with Radke contacting each other), the first semi-circular plate and the second semi-circular plate circumscribing the rod ( two semi-circular plates of 12 of Feistel modified with Radke circumscribing Feistel 2); wherein the first semi-circular collar, the second semi-circular collar, the first semi-circular plate, and the second semi-circular plate cooperate to radially compress the first semi-circular ring and the second semi-circular ring against the rod (the first semi-circular collar, the second semi-circular collar of Feistel 7, the first semi-circular plate, and the second semi-circular plate of Feistel 12 cooperate to radially compress the first semi-circular ring and the second semi-circular ring of Feistel 8 against the rod of Feistel 2).
Regarding Claim 17, the combination of Feistel and Radke discloses the hydraulic cylinder, wherein: the first semi-circular plate contacts the both of the first semi-circular collar and the second semi-circular collar (the first semi-circular plate of Feistel 12 contacts the both of the first semi-circular collar and the second semi-circular collar of Feistel 7), and the second semi-circular plate contacts both the first semi-circular collar and the second semi-circular collar (the second semi-circular plate of Feistel 12 contacts both the first semi-circular collar and the second semi-circular collar of Feistel 7).
Regarding Claim 18, the combination of Feistel and Radke discloses the hydraulic cylinder.
Feistel does not disclose wherein the scraper assembly further includes a first semi-circular seal and a second semi-circular seal.
However, Radke teaches wherein the scraper assembly further includes a first semi-circular seal and a second semi-circular seal (7, 8, fig 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the seal of Feistel with two semi-circular seals as in Radke with a reasonable expectation of success so that the seal provides easier insertion into the seal assembly.
The combination of Feistel and Radke discloses wherein the first semi-circular collar, the second semi-circular collar, the first semi- circular plate, and the second semi-circular plate cooperate to radially compress the first semi-circular seal and the second semi-circular seal against the rod (the first semi-circular collar, the second semi-circular collar of Feistel 7, the first semi- circular plate, and the second semi-circular plate of Feistel 12 cooperate to radially compress the first semi-circular seal and the second semi-circular seal of Feistel 3, 5, 11 against the rod Feistel 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to L. Susmitha Koneru whose telephone number is 571.270.5333. The examiner can normally be reached from Monday-Friday, 9:00 AM-4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached on 571.272.8322. The fax phone number for the organization where this application or proceeding is assigned is 571.273.8300.
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/L. SUSMITHA KONERU/Examiner, Art Unit 3675