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 § 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.
(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, 4, 6 and 8-9 are is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by US-237999-A to Pentecost (“Pentecost”).
Regarding Claim 1, Pentecost discloses a wear member (14 “rail segment”) for a track link (1 “base segment”), the wear member comprising: a plurality of surfaces (Figs 1-4), including an upper surface (21) and an opposite planar lower surface (17); a front portion (14b); a back portion (14a); and a plurality of dowels (20 “dowel pin”) extending from the lower surface, including at least one dowel provided on one of the front portion (Fig 2) and at least one dowel provided on the back portion (Fig 2) of the wear member.
Regarding Claim 4, Pentecost discloses the wear member of claim 1, wherein each of the plurality of dowels has a cylindrical shape (as shown Figs 1-4).
Regarding Claim 6, Pentecost discloses the a wear member (14) for a track link (1), the wear member comprising: a plurality of surfaces (Figs 1-4), including an upper surface (21) and an planar lower surface (17); a front portion (14b); a back portion (14a); and a plurality of dowels (20) extending from the lower surface, the plurality of dowels being provided offset from each other relative to a central longitudinal axis of the wear member (the left, middle and right dowels are laterally offset as shown Fig 4).
Regarding Claim 8, Pentecost discloses the wear member of claim 6, wherein the plurality of dowels includes only two dowels, including a front dowel, in the front portion of the wear member, and a back dowel, in the back portion of the wear member.
Regarding Claim 9, Pentecost discloses the wear member of claim 1, wherein each of the plurality of dowels has a cylindrical shape (Figs 1-4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-3, 7, 11-15, 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pentacost as applied to claim 1 above.
Regarding Claim 2, Pentecost discloses the wear member (14) of claim 1, with a thickness of ¾ in (Col 2, line 69) but does not disclose wherein a diameter (Fig 2 shows dowel diameter to be less than the thickness of 14 )of each of the plurality of dowels is 40% of a thickness of the wear member, the thickness being measured between an inner surface and an outer surface of the wear member, or less.
The diameter dimension of the 20 dowel pins is/are not an inventive concept, but rather a design choice made from many possible dimensional choices, made as a part of routine design optimization giving proper consideration of use, design loads, material and manufacturing requirements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected diameter dimensions for the dowel pin of the wear member such that it was 40% of the thickness dimension (i.e. .4x.75=.3in), with the motivation to ensure the pins and holes receiving them were sufficiently designed to meet the design parameters just described. This combination/modification being done with a reasonable expectation of success and having equivalent function in the combination as in the separately configurations.
Regarding Claim 3, Pentecost wear member of claim 1, but does not disclose wherein the plurality of dowels includes only two dowels, including a front dowel, as the at least one dowel in the front portion of the wear member, and a back dowel, as the at least one dowel in the back portion of the wear member. Pentecost discloses (Col 3 lines 5-13) that the description and drawings of the patented invention are illustrative and diagrammatic, and that modifications apparent to those skilled in the art will fall withing the invention, limited only by the claims. The drawings show three dowels in three pin holes.
The number of dowels connecting the wear member to the track link is/are not an inventive concept, but rather a design choice made from many possible dimensional choices, made as a part of routine design optimization giving proper consideration of use, size and dimensions coordinating parts, design loads, material and manufacturing requirements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the quantity of dowels to be two for the connection of the wear member such that a front dowel, as the at least one dowel in the front portion of the wear member, and a back dowel, as the at least one dowel in the back portion of the wear member with the motivation to ensure easy installation and location of the wear member upon the track link, requiring alignment of just 2 dowels in two pockets, avoiding any misalignment that could occur if more than 2 dowels and holes were located, due to manufacturing tolerance and thermal expansion. This combination/modification being done with a reasonable expectation of success and having equivalent function in the combination as in the separately configurations.
Regarding Claim 7, Pentecost discloses the wear member (14) of claim 6, with a thickness of ¾ in (Col 2, line 69) but does not disclose wherein a diameter of each of the plurality of dowels is 40% of a thickness of the wear member, the thickness being measured between an inner surface and an outer surface of the wear member, or less.
The diameter dimension of the 20 dowel pins is/are not an inventive concept, but rather a design choice made from many possible dimensional choices, made as a part of routine design optimization giving proper consideration of use, design loads, material and manufacturing requirements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected diameter dimensions for the dowel pin of the wear member such that it was 40% of the thickness dimension (i.e. .4x.75=.3in), with the motivation to ensure the pins and holes receiving them were sufficiently designed to meet the design parameters just described. This combination/modification being done with a reasonable expectation of success and having equivalent function in the combination as in the separately configurations.
Regarding Claim 11, Pentacost discloses a wear member (14) and track link assembly (14 attached to 1 “base segment”, Fig 1) comprising: a track link (1 “base segment”) having a plurality of surfaces (Figs 1-4),, including an upper surface (21) having a plurality of pin holes (13), and the track link further having a front portion (left Fig 1); a back portion (right Fig 1), with at least one pin hole being provided in the front portion (right 20 Fig 1-4) and at least one pin hole being provided in the back portion (left 20 Fig 1-4) of the track link; and a wear member having: a plurality of surfaces (Fig 1-4), including an upper surface (21) and a planar lower surface (17); a front portion (14b); a back portion (14a); and a plurality of dowels (20 “dowel pin”) extending from the lower surface, wherein the plurality of dowels of the wear member are configured for placement within the plurality of pin holes of the track link (Col 2 lines 27-29, Figs 1,-4), each of the plurality of dowels being provided in one of (Fig 1-4) the front portion and the back portion of the wear member.
Pentacost does not disclose wherein the plurality of dowels of the wear member are configured for placement within the plurality of pin holes with an interference fit between the plurality of dowels and the plurality of pins connecting the wear member and the track link.
The type of fit between the dowels pins [dowels] and dowel pockets [pin holes] is/are not an inventive concept, but rather a design choice made from many possible dimensional choices, made as a part of routine design optimization giving proper consideration of use, design loads, material and manufacturing requirements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected an interference fit for the connection between the of the dowels pins [dowels] and dowel pockets [pin holes] such that, with the motivation to ensure the dowels pins [dowels] are retained in the dowel pockets [pin holes] to make sure the rail segment [wear member] is held to the base link [track link] before the final installing of 18 nuts on 15 posts 15, ensuring efficient installation thereof. This combination/modification being done with a reasonable expectation of success and having equivalent function in the combination as in the separately configurations.
Regarding Claim 12, Pentecost discloses the wear member and track link assembly of claim 11, wherein the upper surface of the track link is planar (Fig 1), and wherein the planar upper surface of the track link and the planar lower surface of the wear member are congruent (each having offset link “Z” shape, Col 2, lines 32-41, Figs 1-4).
Regarding Claim 13, Pentecost discloses the wear member (14) and track link assembly (14 attached to 1 base link, Fig 1) of claim 11, the wear member having a thickness of ¾ in (Col 2, line 69), but does not disclose wherein a diameter of each of the plurality of dowels is 40% of a thickness of the wear member, the thickness being measured between an inner surface and an outer surface of the wear member, or less.
The diameter dimension of the 20 dowel pins is/are not an inventive concept, but rather a design choice made from many possible dimensional choices, made as a part of routine design optimization giving proper consideration of use, design loads, material and manufacturing requirements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected diameter dimensions for the dowel pin of the wear member such that it was 40% of the thickness dimension (i.e. .4x.75=.3in), with the motivation to ensure the pins and holes receiving them were sufficiently designed to meet the design parameters just described. This combination/modification being done with a reasonable expectation of success and having equivalent function in the combination as in the separately configurations.
Regarding Claim 14, Pentecost discloses the wear member and track link assembly of claim 11, wherein the plurality of dowels includes only a front dowel (20 left Figs 1-4), as the at least one dowel in the front portion of the wear member, and a back dowel (20 right Figs 1-4), as the at least one dowel in the back portion of the wear member, and the plurality of pin holes includes only a front pin hole (13 left Figs 1-4), as the at least one pin hole in the front portion of the track link, and a back pin hole (13 right Figs 1-4), as the at least one dowel in the back portion of the track link, and wherein the front dowel is configured for placement within the front pin hole and the back dowel is configured for placement within the back pin hole (as shown Fig 1).
Regarding Claim 15, Pentecost discloses the wear member and track link assembly of claim 11, wherein the wear member is configured for attachment (20 dowel pins seated in 13 dowel pockets, Col 2 lines 27-29, Fig 1) to the track link, but does not disclose the attachment is by an interference fit between the plurality of dowels and the plurality of pin holes.
The type of fit between the dowels pins [dowels] and dowel pockets [pin holes] is/are not an inventive concept, but rather a design choice made from many possible dimensional choices, made as a part of routine design optimization giving proper consideration of use, design loads, material and manufacturing requirements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected an interference fit for the connection between the of the dowels pins [dowels] and dowel pockets [pin holes] such that, with the motivation to ensure the dowels pins [dowels] are retained in the dowel pockets [pin holes] to make sure the rail segment [wear member] is held to the base link [track link] before the final installing of 18 nuts on 15 posts 15, ensuring efficient installation thereof. This combination/modification being done with a reasonable expectation of success and having equivalent function in the combination as in the separately configurations.
Regarding Claim 17, Pentecost discloses the wear member and track link assembly of claim 11, wherein the plurality of pin holes within the upper surface of the track link are offset from each other relative to a central longitudinal axis of the track link (13 left and 13 right are offset as shown Fig 3) and , and the plurality of dowels on the lower surface of the wear member are offset from each other relative to a central longitudinal axis of the wear member (20 left and 20 right are offset as shown Fig 3).
Regarding Claim 20, Pentecost discloses the wear member and track link assembly of claim 11, wherein each of the plurality of dowels and each of the plurality of pin holes has a cylindrical shape (as shown Figs 1-4).
Claim(s) 5, 10 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pentacost as applied to claim 1, 6 or 11 above, and further in view of US-20220348273-A1 to Zaharia (“Zaharia”).
Regarding Claims 5, 10 and 16, Pentecost discloses the wear member of claim 1 or claim 6 or the wear member and link assembly of claim 11 wherein the plurality of surfaces further includes an inner surface, between the upper surface and the planar lower surface, but does not disclose the planar lower surface has a plurality of recesses, each recess extending from the inner surface of the wear member toward a dowel, of the plurality of dowels.
Zaharia discloses a wear member (400 “transition track slider”, Para 67, Fig 9) a plurality of connections (two right and left in Fig 5, 9) between two planar surfaces (300, 302 ”slider mounting plates” of 300 [i.e first planar surface] Para 36, 48, 52, 53 Fig 4 and 404 side of 400 “rear slider” [i.e. second planar surface] Para 45, Figs 8, 9 ) having a dowel (bolt or other manner of pinned connection) in a hole (422 in 402, and 320 in 300 and , Para 69, 71 Fig 6), in each the lower surface of 300 the planar lower surface has a plurality of recesses (328/328a “recess” in 300, and 418 “aperture”, Para 51, 53, 71 Figs 5, 8, 9 ), each recess (418, Fig 6 extending from the inner surface of the wear member toward a dowel (bolt or other manner of pinned connection) in a hole (422 in 402, and 320 in 300 and , Para 69, 71 Fig 6) of the plurality of dowels.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wear member or the wear member and link assembly and the connection having a recess for prying open a plate pin to hole connection, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the wear member or the wear member and link assembly of Pentacost and the teaching of the connection having a recess for prying open a plate pin to hole connection of Zaharia, to modify the dowel pin to dowel pocket connection of Pentacost such that it includes a recess for prying open the connection (like Zaharia) with the motivation to provide easy method of removing the wear member from the track link using a tool (Zaharia, Para 53), having an expectation of equivalent function and a reasonable expectation of success.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pentecost as applied to claim 11 above, and further in view of US 3947074-A to Nelson (“Nelson”).
Regarding Claim 18, Pentecost discloses the wear member and track link assembly of claim 11, but does not disclose wherein the plurality of pin holes within the upper surface are aligned with each other on a same side of a central longitudinal axis of the track link, and the plurality of dowels on the lower surface of the wear member are aligned with each other on a same side of the central longitudinal axis of the wear member.
Nelson discloses a wear member (17 “flat rail segment”) and track link assembly (10 with symmetric track link), wherein the plurality of pin holes (16 bore) within the upper surface are aligned with each other on a same side (centered, Col 1 lines 55-58, Figs 1, 2) of a central longitudinal axis of the track link, and the plurality of dowels (18 bosses) on the lower surface of the wear member are aligned with each other on a same side of the central longitudinal axis of the wear member (centered Col 1 lines 55-58, Figs 1, 2).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wear member and track link assembly and the teaching of the wear member and track link assembly having pin holes and dowels aligned with eachother on a same side of the longitudinal axis, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the wear member and track link assembly of Pentacost and the teaching of the wear member and track link assembly of Nelson, to modify the track link and rail member (of Pentacost) such that they were a symmetric link and wear member (rather than offset), with the motivation have a wear member and track link assembly for use with symmetric track being adaptable for reversal (Col 1 lines 55-58), having an expectation of equivalent function and a reasonable expectation of success.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pentecost as applied to claim 11 above, and further in view of US 20160194039-A1 to Fitzgibbons (“Fitzgibbons”).
Regarding Claim 19, Pentecost discloses the wear member and track link assembly of claim 11, but does not disclose wherein the track link is formed of a first material and the wear member is formed of a second material different from the first material.
Fitzgibbons discloses a wear member (220 “wear plate” for a track link ( track link[ formed from a 202 first side plate and 204 second side plate) , wherein the track link is formed of a first material (202, 204 are formed of a material with less wear resistant than that of 220 , Para 26) and the wear member is formed of a second material (a material more wear resistant than that of 202, and 204, Para 26) different from the first material.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wear member and the teaching of the track link is formed of a first material and the wear member is formed of a second material different from the first material in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the wear member of Pentecost and the teaching of the track link is formed of a first material and the wear member is formed of a second material different from the first material of Fitzgibbons to modify the wear plate (of Pentecost) such that is made of a material different (more wear resistant) from the track link (like Fitzgibbons), with the motivation enable the wear member to be more wear resistant to endure a more durable track line assembly, having an expectation of equivalent function and a reasonable expectation of success.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liang (CN-203924920-U), Purcell (US 4159857 A), Saunders (US 8307974 B2), Stewart (US 2983071 A), Umbarger (US 5749635 A), Boggs (US 3795431 A), VAN ROOYEN (WO 0029276 A1), Liu (US 8905493 B2), disclose wear members for track links or pin and hole connections between two planar members having a recess.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVA LYNN COMINO whose telephone number is (571)270-5839. The examiner can normally be reached M-F 8:00-5:30.
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, Joe Morano can be reached at 571-272-6684. 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.
/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
Prosecution Insights