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 of Group I in the reply filed on July 31, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 11-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 0026, lines 1-2, recites “the given traction lug at least substantially perpendicular to a longitudinal plane of the track body” which is grammatically incorrect and should be amended to recite --the given traction lug is at least substantially perpendicular to a longitudinal plane of the track body--.
Paragraph 0029, lines 2-3, recites “a leasing idler wheel assembly” which is grammatically incorrect and should be amended to recite --a leading idler wheel assembly--.
Appropriate correction is required.
Claim Objections
Claims 6 and 20 are objected to because of the following informalities:
Claim 6, line 2, recites “the plurality of position” which is grammatically incorrect and should be changed to --the plurality of positions--.
Claim 20, line 3, recites “the primary frame about” which should be changed to --the primary frame member about-- to maintain consistent claim language.
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.
Claim 9 is 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.
Claim 9, line 2, recites “the pivot axis” which is indefinite because it is unclear if the Applicant is trying to refer the first pivot axis from claim 1, line 3, the second pivot axis from claim 1, line 5, or to a newly claimed pivot axis.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 8, 10, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sauvageau et al. (WO 2021/149008 A1).
Regarding claim 1, Sauvageau et al. discloses a track system for a vehicle (60), the track system comprising:
a drive wheel assembly (300) operatively connectable to a shaft (68) of the vehicle, the drive wheel assembly being rotatable about a first pivot axis (the axial centerline of 68 or along axis 65);
a frame assembly (100) including:
a first frame member (110) configured to removably connect to the vehicle, a second frame member (120l, 120t) pivotally connected to the first frame member about a second pivot axis (126; Figure 12C), the second pivot axis being vertically spaced from the first pivot axis;
an undercarriage assembly (200) comprising:
a beam (210) having a connecting pin (232);
at least one resilient bushing (240, 242) having a first surface (the surface of the bushing(s) that attach to 232) fixedly connected to the connecting pin, and a second surface (the surface of the bushing(s) that directly contact 120l or 120t) fixedly connected to the second frame member; and
at least one support wheel assembly (202) connected to the beam;
an endless track (180) drivingly engaged to the drive wheel assembly.
Regarding claim 2, Sauvageau et al. discloses that the first frame member is **[configured to connect to an axle housing of the vehicle]**.
Regarding claim 3, Sauvageau et al. discloses that the second frame member is at least partially below the first frame member (see Figure 8).
Regarding claim 4, Sauvageau et al. discloses that the frame assembly is disposed at least partially laterally inwardly from the drive wheel (see Figures 5-7).
Regarding claim 5, Sauvageau et al. discloses that the first frame member is **[configured to connect to the vehicle in a plurality of positions]**.
Regarding claim 8, Sauvageau et al. discloses that the first frame member has:
a first portion (114l) disposed on a first longitudinal side (see Figure 3) of the drive wheel assembly;
a second portion (114t) disposed on a second longitudinal side (see Figure 3) of the drive wheel assembly; and
the first and second portions of the first frame member at least partially surround the drive wheel assembly (see Figure 3).
Regarding claim 10, Sauvageau et al. discloses that the first frame member has stoppers (the recessed areas on the bottom of 110 in Figure 10C that the top of 250 protrudes into) **[to limit pivotal moment of the first and second frame members]**.
Regarding claim 20, Sauvageau et al. discloses a track system for a vehicle (60), the track system comprising:
a multi-member frame assembly (100) including:
a primary frame member (110) defining a mounting portion (the part of 110 that connects to 62 as shown in Figure 6), and a secondary frame member (120l, 120t) below the primary frame member and pivotable relative to the primary frame about a pivot axis (126; Figure 12C);
a drive wheel (300) operatively connected to an axle (68) of the vehicle;
a leading idler wheel assembly (160l) at least indirectly connected to the multi-member frame assembly;
a trailing idler wheel assembly (160t) at least indirectly connected to the multi-member frame assembly;
a suspended undercarriage assembly (200) resiliently connectable to the secondary frame member; and
an endless track (180) wrapped around the multi-member frame assembly, the leading and trailing idler wheel assemblies, and the suspended undercarriage assembly, wherein the mounting portion is removably connectable to a fixed structure (62) of the vehicle (see Paragraph 007).
**The above statements in brackets are instances of intended use and functional language. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does, see MPEP 2114. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Allowable Subject Matter
Claims 6 and 7 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.
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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.
Kautsch (US 10,112,663 B1) discloses a track assembly that includes a plurality of movement stoppers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D ROGERS whose telephone number is (571)272-6561. The examiner can normally be reached Monday through Friday from 6AM-2:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at (571)272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM D ROGERS/ Primary Examiner, Art Unit 3617
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