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
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.
Claim 1-2, 4-14, 18-21, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Griffin et al as part of US 20210238829 A1, hereinafter referred to as Griffin, in view of Bierwith as part of US 5526592 A, hereinafter referred to as Bierwith.
Regarding Claim 1: Griffin teaches of a shroud for a front edge of a lip of an earth moving machine (Griffin: Fig. 1, shroud 20 attached to the lip 12 of excavating bucket 13), comprising:
a body adapted to couple with the front edge (Griffin: Fig. 1-3, shroud 20 comprises a body that attaches to base 16),
the body comprising two opposite C-shaped members adapted for sliding each said C-shaped member along one nose of the lip to make the body contact the front edge (Griffin: Fig. 2-3, shroud 20 comprises two opposite C shaped portions on the left and right side, adapted to engage with the front edge of the lip 12 between the noses 14).
Griffin does not explicitly teach of the shroud being pinless.
Bierwith teaches of a pinless shroud for a front edge of a lip of an earth moving machine (Bierwith: Fig. 1, lip shroud 24 attaches to the front lip 12 of an excavation bucket without a locking pin member), comprising:
a body adapted to couple with the front edge (Bierwith: Fig. 2, lip shroud 24 comprises a body which couples to the front lip 12 via the adapter lugs 29).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed substitute the locking pin mechanism to secure the shroud to the lip taught by Griffin with the pinless locking system taught by Bierwith to create a device that reduces wear on the lip of the excavation bucket (Bierwith: Col. 1, line 12-20, loosening of pins or locking hardware may cause movement of the shroud, which imparts wear on the lip of the bucket). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing a pinless shroud to protect the lip of an excavation bucket (MPEP 2143, Subsection I, B).
Regarding Claim 2: Griffin in view of Bierwith teaches of the apparatus described in claim 1.
Griffin further teaches wherein the body further comprises two opposite straps for covering both a portion of a first surface of the lip and a portion of a second surface of the lip, the first surface being opposite the second surface (Griffin: Fig. 7, shroud 20 comprises two opposite legs 44 and 46 that cover a portion of the top and bottom surface of the lip 12).
Regarding Claim 4: Griffin teaches of a shroud for a lateral edge of a lip of an earth moving machine (Griffin: Fig. 1, shroud 20 attached to the lip 12 of excavating bucket 13), comprising:
a body adapted to couple with the lateral edge, the body being C-shaped (Fig. 1, shroud 20 couples to lip 12 and is generally C shaped), and the body comprising:
two side portions (Griffin: Fig. 7, shroud 20 comprises a left and right side from the center delineated by lifting hook 66);
at least one recess on one of the two side portions (Griffin: Fig. 13, each of the left and right sides of shroud 20 comprise a tapered recess),
the at least one recess being adapted for sliding the body along a protruding guide of the lip along a sliding direction (Griffin: Paragraph 60, the legs 44 and 46 and the tapered recesses therebetween correspond to the C shape of the base 16), and an opening of the C-shaped body that gets larger in across-section of the opening as more inwards in the lip, along the sliding direction, that the cross-section of the opening is taken (Griffin: Fig. 14-15, the opening between legs 44 and 46 that receive base 16 of lip 12 widens in the direction away from the front edge 58);
and a protruding member on a central portion of the C-shaped body that protrudes in a same direction as the two side portions, the protruding member being adapted to slide along a recessed portion of the lip (Griffin: Fig. 13, the opening between legs 44 and 46 comprises two convex contours that match a complementary recess on lip 12).
Griffin does not explicitly teach of the shroud being pinless.
Bierwith teaches of a pinless shroud for a lateral edge of a lip of an earth moving machine, comprising a body adapted to couple with the lateral edge (Bierwith: Fig. 1, lip shroud 24 attaches to the front lip 12 of an excavation bucket without a locking pin member via the adapter lugs 29), the body being C shaped (Bierwith: Fig. 2, the cross section of shroud 24 is C shaped).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed substitute the locking pin mechanism to secure the shroud to the lip taught by Griffin with the pinless locking system taught by Bierwith to create a device that reduces wear on the lip of the excavation bucket (Bierwith: Col. 1, line 12-20, loosening of pins or locking hardware may cause movement of the shroud, which imparts wear on the lip of the bucket). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing a pinless shroud to protect the lip of an excavation bucket (MPEP 2143, Subsection I, B).
Regarding Claim 5: Griffin in view of Bierwith teaches of the apparatus described in claim 4.
Griffin further teaches wherein the at least one recess comprises first and second recesses, the first recess being on a first said side portion of the body and the second recess being on a second said side portion of the body (Griffin: Fig. 13, each of the left and right sides of shroud 20 comprise a tapered recess).
Regarding Claim 6: Griffin in view of Bierwith teaches of the apparatus described in claim 4.
Griffin further teaches wherein an opening of each said at least one recess gets larger in cross-section as more inwards in the lip, along the sliding direction, that the cross-section of the opening is taken (Griffin: Fig. 14-15, each of the tapered recesses of shroud 20 grows larger in cross section towards the rear end of the shroud).
Regarding Claim 7: Griffin in view of Bierwith teaches of the apparatus described in claim 4.
Griffin further teaches wherein each recess has a variable depth, from the opening of the C-shaped body, and the depth decreases until the depth is nil, at a point close to another opening of the C- shaped body (Griffin: Fig. 13-15, the tapered recesses of shroud 20 are variable in depth between legs 44 and 46, where the nil depth is defined as the innermost point at the peak of the convex curve towards the opposite recess in the body).
Regarding Claim 8: Griffin in view of Bierwith teaches of the apparatus described in claim 4.
Griffin further teaches wherein ends of the C-shaped body further comprise at least one projection (Griffin: Fig. 14-15, the C shaped body comprises a projection in the form of a convex curve facing towards lip 12).
Regarding Claim 9: Griffin teaches of an assembly, comprising:
a lip for an earth moving machine, the lip comprising a plurality of noses (Griffin: Fig. 1, lip 12 of bucket 13 comprises a plurality of noses 14);
and one or both of the following:
one or more shrouds wherein:
each of the one or more shrouds is detachably couplable with a front edge of the lip between two neighboring noses of the plurality of noses (Griffin: Fig. 1, a plurality of shrouds 20 are placed on lip 12 between noses 14);
and each of the one or more shrouds comprises a body comprising two opposite C-shaped members adapted for sliding each said C-shaped member along one said nose of the lip;
to make the body contact the front edge of the lip (Griffin: Fig. 2-3, shroud 20 comprises two opposite C shaped portions on the left and right side, adapted to engage with the front edge of the lip 12 between the noses 14);
one or two shrouds wherein:
each of the one or two shrouds being detachably coupled with a lateral edge of the lip (Griffin: Fig. 1, a plurality of shrouds 20 are placed on lip 12 between noses 14);
each of the one or two shrouds comprises a C-shaped body (Griffin: Fig. 14, shroud 20 is generally C shaped),
and the C-shaped body comprising:
at least one recess on one of two side portions of the C-shaped body, the at least one recess being adapted for sliding the C-shaped body along a protruding guide of the lip along a sliding direction (Griffin: Fig. 13, each of the left and right sides of shroud 20 comprise a tapered recess that slides into a matching protrusion of base 16 on lip 12),
and an opening of the C-shaped body that gets larger in cross-section as more inwards in the lip, along the sliding direction, that across-section of the opening is taken (Griffin: Fig. 14-15, each of the tapered recesses of shroud 20 grows larger in cross section towards the rear end of the shroud);
and a protruding member on a central portion of the C-shaped body that protrudes in a same direction as the two side portions, the protruding member being adapted to slide along a recessed portion of the lip (Griffin: Fig. 13, the opening between legs 44 and 46 comprises two convex contours that match a complementary recess on lip 12).
Griffin does not explicitly teach of the shroud being pinless.
Bierwith teaches of a pinless shroud for a lateral edge of a lip of an earth moving machine, comprising a body adapted to couple with the lateral edge (Bierwith: Fig. 1, lip shroud 24 attaches to the front lip 12 of an excavation bucket without a locking pin member via the adapter lugs 29), the body being C shaped (Bierwith: Fig. 2, the cross section of shroud 24 is C shaped).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed substitute the locking pin mechanism to secure the shroud to the lip taught by Griffin with the pinless locking system taught by Bierwith to create a device that reduces wear on the lip of the excavation bucket (Bierwith: Col. 1, line 12-20, loosening of pins or locking hardware may cause movement of the shroud, which imparts wear on the lip of the bucket). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing a pinless shroud to protect the lip of an excavation bucket (MPEP 2143, Subsection I, B).
Regarding Claim 10: Griffin in view of Bierwith teaches of the apparatus described in claim 9.
Griffin further teaches wherein the assembly at least comprises the one or two of said pinless shrouds (Griffin: Fig. 1, a plurality of shrouds 20 are placed on lip 12 between noses 14),
and wherein the lip comprises:
one protruding guide on portions of the lip adjacent to one or both corner noses of the plurality of noses (Griffin: Fig. 2, lip 12 comprises a forward guide projection that matches the surface of shroud 20 adjacent to nose 14),
or two protruding guides on opposite surfaces on portions of the lip adjacent to one or both of said corner noses of the plurality of noses (Griffin: Fig. 2, lip 12 comprises two forward guide projections that match the surface of shroud 20 adjacent to each nose 14).
Regarding Claim 11: Griffin in view of Bierwith teaches of the apparatus described in claim 10.
Griffin further teaches wherein each protruding guide of the one protruding guide or the two protruding guides gets larger in cross-section as more inwards in the lip that a cross section of the one protruding guide or two protruding guides is taken (Griffin: Fig. 1-3, the forward guide projections of lip 12 grow wider in cross section in a direction away from the leading edge of the lip).
Regarding Claim 12: Griffin in view of Bierwith teaches of the apparatus described in claim 9.
Griffin further teaches wherein the assembly at least comprises one or two of said pinless shrouds (Griffin: Fig. 1, a plurality of shrouds 20 are placed on lip 12 between noses 14),
and wherein the lip comprises a recessed portion on a respective said lateral edge of the lip (Griffin: Fig. 2, the lip 12 comprises two recesses on the lateral edge to the left and right of base 16).
Regarding Claim 13: Griffin in view of Bierwith teaches of the apparatus described in claim 9.
Griffin further teaches wherein ends of the C- shaped body of the one or two of said pinless shrouds further comprise projections (Griffin: Fig. 14-15, the C shaped body comprises a projection in the form of a convex curve facing towards lip 12).
Regarding Claim 14: Griffin in view of Bierwith teaches of the apparatus described in claim 9.
Griffin further teaches wherein the assembly comprises two of the one or more pinless shrouds (Griffin: Fig. 1, a plurality of shrouds 20 are placed on lip 12 between noses 14).
Regarding Claim 18: Griffin in view of Bierwith teaches of the apparatus described in claim 14.
Griffin further teaches wherein the lip comprises:
one protruding guide on portions of the lip adjacent to one or both of said corner noses of the plurality of noses (Griffin: Fig. 2, lip 12 comprises a forward guide projection that matches the surface of shroud 20 adjacent to nose 14),
or two protruding guides on opposite surfaces on the portions of the lip adjacent to one or both of said corner noses of the plurality of noses (Griffin: Fig. 2, lip 12 comprises a forward guide projection that matches the surface of shroud 20 adjacent to nose 14);
and a recessed portion on a respective said lateral edge of the lip (Griffin: Fig. 2, the lip 12 comprises recesses on the lateral edge to the left and right of base 16).
Regarding Claim 19: Griffin in view of Bierwith teaches of the apparatus described in claim 18.
Griffin further teaches wherein each protruding guide of the one protruding guide or two protruding guides gets larger in cross-section as more inwards in the lip, along the sliding direction, that the cross-section is taken (Griffin: Fig. 1-3, the forward guide projections of lip 12 grow wider in cross section in a direction away from the leading edge of the lip).
Regarding Claim 20: Griffin in view of Bierwith teaches of the apparatus described in claim 18.
Griffin further teaches wherein ends of the C-shaped body of the one or two pinless shrouds further comprise projections (Griffin: Fig. 14-15, the C shaped body comprises projections in the form of a convex curves facing towards lip 12).
Regarding Claim 22: Griffin in view of Bierwith teaches of the apparatus described in claim 1.
Griffin further teaches wherein the pinless shroud is symmetrical with respect to a plane intersecting the pinless shroud as if the plane were a plane of the lip when the shroud is coupled therewith (Griffin: Fig. 9-11, shroud 20 is shown to be symmetrical about a plane intersecting the shroud 20 as if the plane were a plane of the lip 12 when the shroud is coupled therewith, as defined in the specification of the instant application)
Regarding Claim 23: Griffin in view of Bierwith teaches of the apparatus described in claim 4.
Griffin further teaches wherein the pinless shroud is symmetrical with respect to a plane intersecting the shroud as if the plane were a plane of the lip when the shroud is coupled therewith (Griffin: Fig. 9-11, shroud 20 is shown to be symmetrical about a plane intersecting the shroud 20 as if the plane were a plane of the lip 12 when the shroud is coupled therewith, as defined in the specification of the instant application).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Griffin in view of Bierwith, further in view of Kunz as part of US 20180023272 A1, hereinafter referred to as Kunz.
Regarding Claim 3: Griffin in view of Bierwith teaches of the apparatus described in claim 2.
While Griffin in view of Bierwith does not teach of any length relationship between the distance between a ground engaging edge of the shroud and the c-shaped member, and a portion of the C shaped member, Kunz teaches of a lip shroud for the lip of an earth moving machine comprising a body coupled to the lip (Kunz: Fig. 2, shroud 26 is attached to lip 24 of bucket 10) and a c-shaped portion of the shroud which makes contact with the front edge of the lip (Kunz: Fig. 10, shroud 26 is shown to comprise a c-shaped section in the form of groove 123 which couples to the lip 24), wherein the distance between a ground-engaging edge of the pinless shroud and a portion of each said C-shaped member measured along a sliding direction is demonstrated to be considerably shorter than the length of the pinless shroud measured along the sliding direction, the portion of each said C-shaped member being either a portion closest to the ground-engaging edge or a portion adapted to contact a surface of the nose when the pinless shroud is coupled with the lip (Kunz: Fig. 10, the length between the edge of wedge shaped portion 50 and the forwardmost point of groove 123 is shown to be much shorter than the length of the forwardmost portion of groove 123 and the rear edge 53 of rear mounting portion 52) in the interest of extending the life of the wear shroud by reducing stresses (Kunz: Paragraph 32, the shape of the upper surface 115 may significantly reduce structural stresses).
As such, it would be understood to one of ordinary skill in the art that the length relation between such elements of a wear shroud would be a results effective variable. In light of such a determination, the relative lengths of a distance between a ground-engaging edge of the pinless shroud and a portion of each said C-shaped member measured along a sliding direction, and the length of the pinless shroud measured along the sliding direction, the portion of each said C-shaped member being either a portion closest to the ground-engaging edge or a portion adapted to contact a surface of the nose when the pinless shroud is coupled with the lip would be characterized through routine experimentation to achieve an optimal result, and therefore a results effective variable and obvious to try, such that the specific length relationship would render the distance between a ground-engaging edge of the pinless shroud and a portion of each said C-shaped member measured along a sliding direction to be less than 30% the length of the pinless shroud measured along the sliding direction, the portion of each said C-shaped member being either a portion closest to the ground-engaging edge or a portion adapted to contact a surface of the nose when the pinless shroud is coupled with the lip (MPEP 2144.05, Subsection II, B)
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Griffin in view of Bierwith.
Regarding Claim 21: Griffin in view of Bierwith teaches of the apparatus described in claim 2.
While Griffin in view of Bierwith does not explicitly teach of any size relationship between the thickness of the straps of the shroud and the opening between them by which the lip is received, it is demonstrated by Griffin that the thickness of the straps is considerably smaller than the opening therebetween (Griffin: Fig. 14-15, the width of legs 44 and 46 are shown to be variable in length, and slimmer in profile at their widest than the opening 48 which receives lip 12), and the distance between the legs 44 and 48 is entirely dependent on the width of the lip 12 of the bucket 13 on which they are designed to be attached, rendering the width of the legs 44 and 46 compared to the opening 48 a results-effective variable. In light of such a determination, the relative widths of legs 44 and 48 and the opening 48 would be characterized by routine experimentation to achieve an optimal result of mating the shroud to the lip (Paragraph 2, it is desirable to have close fitting parts with as few gaps as possible between a wear member and the digging edge of a bucket), and therefore a results-effective variable and obvious to try, such that the thickness of the straps of the shrouds would be between 20% and 35% the width of a height of an opening formed by the two straps, the opening adapted to receive the lip (MPEP 2144.05, Subsection II, B)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zenier et al as part of US 20170321396 A1 teaches of a shroud for a front edge of a lip of an earth moving machine, comprising a body adapted to couple with the front edge, the body comprising two opposite C-shaped members adapted for sliding each said C-shaped member along one nose of the lip to make the body contact the front edge, two side portions and at least one recess on one of the two side portions adapted for sliding the body along a protruding guide of the lip along a sliding direction, and an opening of the C-shaped body that gets larger in across-section of the opening as more inwards in the lip, along the sliding direction, that the cross-section of the opening is taken, and wherein the lip comprises a plurality of noses.
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