DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 18/906,840 filed on 10/04/2024.
Claims 1 – 20 are currently pending and have been examined.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-8, 14, 16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20120186112 – Tulibaski et al. hereinafter as TULIBASKI
Regarding Claim 1
TULIBASKI discloses:A ground engaging tool for attachment to a vehicle, the ground engaging tool comprising:
a frame defining a base plane, the frame supporting a plurality of sidewalls extending upwardly at an angle relative to the base plane; ( Fig. 1 – frame - 10, , sidewall - 35 fig. 2 wherein the base plane is based on the surface of 40)
a wear member connected to the frame, the wear member comprising:
a first cutting edge configured for working a surface; and ( Fig. 1 – cutting edge – 45)
a pair of outer cutting edges orientated perpendicularly with respect to the base plane, and an accumulator defined by the frame having a plurality of accumulator portions, each of the plurality of accumulator portions positioned aft of the wear member and between the plurality of sidewalls. ( Fig. 1 – pair outer cutting edges – 45.1a, accumulator receives material)
[AltContent: textbox (Longitudinal members- formed by member - 38)][AltContent: textbox (Outer corner tips – pointed top that flair outwardly and upwardly relative to the wear member relative to the wear member – 45.2a)][AltContent: textbox (Outer corner edges - 45.1a - )][AltContent: textbox (Side wall extending upwardly at an angle relative to base plane - 35)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (cross-members disposed in a transverse direction 55)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (accumulator - 32)]
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Regarding Claim 2
TULIBASKI discloses claim 1:
2. The ground engaging tool of claim 1, wherein the accumulator includes a plurality of longitudinal members disposed in a front to back direction and cross-members disposed in a transverse direction, the plurality of accumulator members and accumulator cross-members defining the accumulator portions. ( fig. 1 - Where in the accumulator is 32, the longitudinal members from front to back direction are formed by 38 on either side of the side wall and two cross members disposed in a transverse direction is the line formed 50 width wise of the frame 10)
Regarding Claim 3
TULIBASKI discloses claim 1:
3. The ground engaging tool of claim 2, wherein the accumulator members are disposed at an angle relative to the base plane such that material being worked can slide off the accumulator members in use. (fig. 1 - accumulator member 38 -right and left gusset forms an angle)
Regarding Claim 6
TULIBASKI discloses claim 1:
The ground engaging tool of claim 1, wherein the wear member includes a pair of outer corner tips connected by a central portion. ( fig. 1 – 45.1a)
Regarding Claim 7
TULIBASKI discloses claim 6:
wherein each outer corner tip of the pair of outer corner tips includes a sidewall angled to direct material into the accumulator. (Fig. 3 - Wherein the outer corner tip has an angled side wall that directs towards bucket. 45.1a)
Regarding Claim 8
TULIBASKI discloses claim 7:
wherein the sidewall of each outer corner tip includes an outer cutting edge. Para. 0048 – where in 45.1 blade part of side wall and a cutting edge )
Regarding Claim 14
TULIBASKI discloses claim 1:
14. The ground engaging tool of claim 1, wherein the frame further comprises a peripheral frame region to which the wear member is connected, the peripheral frame region extending from the frame at an angle relative to the base plane. ( fig. 6 – below, 45.1b at a angle)
Regarding Claim 16
TULIBASKI discloses claim 1:
16. The ground engaging tool of claim 14, wherein the peripheral frame region further comprises a beveled region to which the wear member is connected. (fig. 6 - 45.1b - peripheral frame region. – where in the front of the frame, there is a bevel)
[AltContent: textbox (Beveled region)][AltContent: arrow][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: textbox (45.2a - Wear member connects to 45.1b)][AltContent: connector][AltContent: arrow][AltContent: textbox (45.1b - peripheral frame region. )]
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Regarding Claim 18
TULIBASKI discloses claim 1:
18. The ground engaging tool of claim 1, further including a coupler pivotally connected to the frame such that the ground engaging tool is movable by a vehicle. ( para. 0051 – bucket assembly where in the operative mating portion – 61 mounts to a skid steer of vehicle and see figure. 12 and 14)
Regarding Claim 20
TULIBASKI discloses claim 1:
20. A vehicle comprising the ground engaging tool of claim 1.(para. 0045 – skid steer)
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(s) 4, 5, 9 – 13, 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20120186112 – Tulibaski et al. hereinafter as TULIBASKI
Regarding Claim 4
TULIBASKI discloses claim 3:
TULIBASKI discloses wherein the accumulator members are disposed at an angle relative to the base plane. Geometric angles of the accumulator are known to be controlled as applicable for different environments for simple, efficient, cost-effective and reliable material handling bucket ( para. 0009). As a result, the 45 degree angle for the accumulator member is a results effective variable. Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to utilize the 45 degree angle of the accumulator member as it has been held that routine optimization of a results effective variable is obvious, in this case to achieve a desired angle for operating in a specific condition to effectiveness and efficiency.
Regarding Claim 5
TULIBASKI discloses claim 4:
wherein at least one of the accumulator cross-members include an accumulator wear member to engage with the ground, the accumulator wear member further comprising a forward facing cutting edge to stabilize the ground engaging tool in use. ( fig. 1 – cross member formed with 55, wherein the cross member engages with ground wherein the wear member has a forward face edge on edge 50)
[AltContent: textbox (Accumulator cross member edge of 55)][AltContent: textbox (an accumulator wear member – forward facing cutting edge 50)][AltContent: arrow][AltContent: arrow]
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Regarding Claim 9
TULIBASKI discloses claim 8:
TULIBASKI discloses wherein each sidewall of each outer corner tip is angled relative to the central portion of the wear member, to direct material into the accumulator. Geometric angles of the outer corner tip are known to be controlled for applicable for different environments to simple, efficient, cost-effective and reliable material handling bucket ( para. 0009). As a result, the 30 degree angle for the outer corner tip is a results effective variable. Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to utilize the 30 degree angle of the outer corner tip as it has been held that routine optimization of a results effective variable is obvious, in this case to achieve a desired angle for operating in a specific condition to effectiveness and efficiency.
Regarding Claim 10
TULIBASKI discloses claim 9:
10. The ground engaging tool of claim 9, wherein the outer cutting edges are forward facing cutting edges. (Fig. 3 - Wherein the outer corner tip has an angled side wall that directs towards bucket. 45.1a wherein the forward facing edges are interpreted that the edges are facing in the vehicle moving direction.)
Regarding Claim 11
TULIBASKI discloses claim 10:
11. The ground engaging tool of claim 10, wherein the central portion is slender relative to the pair of outer corner tips to encourage flow of material into the accumulator. ( Fig. 3. Wherein 45.2a – the centra portion is slender relative the corner tips – wherein the corner tips are the pointed edges on the out corner edges of 45.1a)
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Regarding Claim 12
12. The ground engaging tool of claim 11, wherein the pair of outer corner tips flair upwardly and forwardly relative to the central portion of the wear member to encourage flow of material into the accumulator. ( fig. 1 – Outer corner tips – pointed top that flair outwardly and upwardly relative to the wear member relative to the wear member – 45.2a)
Regarding Claim 13
TULIBASKI discloses claim 1:
TULIBASKI discloses wherein each of the plurality of sidewalls extend upwardly at an angle relative to the base plane. Geometric angle ranges of the plurality of sidewalls are known to be controlled for applicable for different environments to simple, efficient, cost-effective and reliable material handling bucket ( para. 0009). As a result, the angle range of 45 – 85 degrees for the plurality of sidewall extending upwardly at an angle relative to base plane is a results effective variable. Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to utilize the angle range of 45 – 85 degrees of the plurality of sidewalls extend upwardly at an angle relative to the base plane. as it has been held that routine optimization of a results effective variable is obvious, in this case to achieve a desired range of angles for the plurality of sidewalls extending upwardly at an angle operating in a specific condition to effectiveness and efficiency.
Regarding Claim 15
TULIBASKI discloses claim 14:
TULIBASKI discloses wherein the peripheral frame region extends from the frame at an angle relative to the base plane. Geometric angle ranges relative to base plane are known to be controlled for applicable for different environments to simple, efficient, cost-effective and reliable material handling bucket ( para. 0009). As a result, the angle ranges relative to base plane of 1 and 3 degrees for the peripheral frame region extends from the frame at an angle relative to the base plane is a results effective variable. Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to utilize the angle range of 45 – 85 degrees of the plurality of sidewalls extend upwardly at an angle relative to the base plane as it has been held that routine optimization of a results effective variable is obvious, in this case to achieve a desired range of angle ranges relative to base plane of 1 and 3 degrees for the peripheral frame region extends from the frame at an angle relative to the base plane operating in a specific condition to effectiveness and efficiency.
Regarding Claim 17
TULIBASKI discloses claim 16:
TULIBASKI discloses wherein the beveled region is beveled at an angle from the base plane. Geometric angle ranges of 125 – 140 degrees are known to be controlled for applicable for different environments to simple, efficient, cost-effective and reliable material handling bucket ( para. 0009). As a result, the angle ranges of 125 – 140 degrees for the beveled region is a results effective variable. Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to utilize the angle ranges of 125 – 140 degrees of the beveled region at an angle from the base plane as it has been held that routine optimization of a results effective variable is obvious, in this case to achieve angle ranges of 125 – 140 degrees of the beveled region at an angle from the base plane operating in a specific condition to effectiveness and efficiency.
Claim(s) 19 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20120186112 – Tulibaski et al. hereinafter as TULIBASKI in view of US PG Pub 20130004282 – Grimes et al. hereinafter as GRIMES
Regarding Claim 19
TULIBASKI discloses of a ground engaging tool at a desired position but doesn’t explicitly disclose an autonomous leveling system, GRIMES further discloses:- further including an autonomous levelling system to retain the ground engaging tool at a desired position relative to the ground. ( para. 0026 - automatic bucket leveler feature by those skilled in
the art, may be based on operator selected positions of the lift adjustment controller 20)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for TULIBASKI using a ground engaging tool at a desired position to utilized a ground engaging tool at a desired position using an autonomous leveling system as taught by GRIMES. This would allow TULIBASKI to allow operators to more efficiently perform work operations ( GRIMES - para. 0046)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20200318312-A1 – Broadway – Power rake and multipurpose bucket combo – grading attachment
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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