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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation of claim 9, “wherein at least two facets of the plurality of facets include a greater width than remaining facets of the plurality of facets” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-4, 6, 8, 10-12, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grilli et al. US 4365848 A.
Regarding claim 1, Grilli discloses a master link end of a master link assembly 1, comprising: a length and a thickness; and a mating surface 2 including a first ramp 10, a second ramp 8, a third ramp (mating surface paired with the first ramp 10) and a tooth formed by and between the first ramp 10 and the second ramp 8, wherein the mating surface 2 includes a concave surface 9 between the second ramp 8 and the third ramp; wherein the tooth includes a convex crown formed by a plurality of facets 12,13; wherein each facet 12,13 of the plurality of facets 12,13 shares a common edge with one or more facets of the plurality of facets 12,13; wherein the common edges define or approximately define an arc of a circle (an arc can be drawn through the 3 longer edges of the facets). (Fig. 1)
Regarding claim 2, Grilli discloses the master link end of claim 1, wherein a length of each facet of the plurality of facets 12, 13 extends an entirety of the thickness of the master link end. (para. 10)
Regarding claim 3, Grilli discloses the master link end of claim 1, wherein the concave surface 9 is formed of a substantially continuous curve without facets. (Fig. 1)
Regarding claim 4, Grilli discloses the master link end of claim 3, wherein the convex crown is sized to be a non-load bearing surface of the master link assembly. (abstract; the teeth do not touch the bottom lands 12 which makes them non-load bearing)
Regarding claim 6, Grilli discloses the master link end of claim 1, wherein an internal angle between adjacent facets of the plurality of facets is approximately 130 degrees to approximately 180 degrees. (Fig. 1 shows the internal angle to be approximately between 130 degrees and 180 degrees)
Regarding claim 8, Grilli discloses the master link end of claim 1, wherein each facet of the plurality of facets includes a width, wherein the width of each facet of the plurality of facets is the same or approximately the same. (Fig. 4)
Regarding claim 10, Grilli discloses the master link end of claim 1, wherein the master link end is a first master link end 1a and the mating surface 2 is a first mating surface, wherein the master link assembly 1 further includes a second master link end 1b including a second mating surface; wherein the second mating surface includes a concave surface; wherein the first master link end 1a is configured to be mated with the second master link end 1b; wherein, when mated, the tooth of the first mating surface is received within the concave surface of the second mating surface, and the plurality of facets of the tooth and the concave surface of the second mating surface define a gap therebetween. (Col. 2, lines 60-65; Figs. 1 and 9 show the two link ends which are either symmetrical [Fig. 9] or nearly symmetrical [Fig. 1])
Regarding claim 11, Grilli discloses the master link end of claim 10, wherein the gap is maintained during cycling of a chain including master link end. (Col. 2, lines 60-65)
Regarding claim 12, Grilli discloses the master link end of claim 10, wherein the concave surfaces 9 of the first master link end 1a and the second master link end 1b are each formed by a continuous curve or substantially continuous curve. (Fig. 1)
Regarding claim 18, Grilli discloses a master link assembly, comprising: a first master link end 1a having a first mating surface 2; a second master link end 1b having a second mating surface; and wherein, the first mating surface and second mating surface each include a tooth and a substantially continuous concave surface, the tooth including a convex crown formed by a plurality of facets 12, 13; wherein, each facet of the plurality of facets 12, 13 shares a common edge with one or more facets of the plurality of facets 12, 13; wherein, each facet of the plurality of facets 12, 13 includes a width, wherein the width of each facet of the plurality of facets 12, 13 is the same or approximately the same (seen in Fig. 4); wherein, the first mating surface is configured to engage the second mating surface such that the tooth of the first mating surface is received within the substantially continuous concave surface 9 of the second mating surface, and the tooth of the second mating surface is received within the substantially continuous concave surface 9 of the first mating surface. (Figs. 1 and 4)
Regarding claim 19, Grilli discloses the master link assembly of claim 18, wherein an internal angle between adjacent facets of the plurality of facets is approximately 130 degrees to approximately 180 degrees. (Fig. 1)
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.
Claims 7 and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Grilli et al. US 4365848 A.
Regarding claim 7, Grilli discloses the master link end of claim 1. Grilli does not teach wherein the convex crown includes an approximate radius of curvature between approximately 10 mm and approximately 20 mm. However, Grilli does teach that the size of the tooth (height in col. 3, lines 26-28; length in col. 3, lines 53-55 which refers to the placement of the mating surface/parting line; flat bevel/facet in col. 3, lines 42-45) is a result-effective variable which affects the strength and longevity of the tooth. Given that the radius of curvature is a direct relation to the 3 dimensions listed, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention as a matter of routine optimization (MPEP 2144.05) to use an approximate radius of curvature between 10mm and 20 mm in a suitably sized master link assembly with a reasonable expectation of success.
Regarding claim 13, Grilli teaches a method of manufacturing a master link end of a master link assembly, comprising: machining a tooth formed by and between a first ramp and a second ramp, and machining a third ramp; machining a plurality of facets to form a convex crown on the tooth, wherein a width of each facet of the plurality of facets is tangent or approximately tangent to a circle. Grilli does not teach forging an approximate shape of a master link end but forging is a well-known manufacturing method and so it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to forge the rough blank of the master link end with a reasonable expectation of success. Official notice is hereby given.
Regarding claim 14, Grilli teaches the method of claim 13. Grilli does not teach wherein the plurality of facets are formed with a 4-axis milling machine. However, it is common practice and well known in the art to use a 4-axis milling machine because they are generally less expensive to purchase and operate than other machines (e.g. a 7-axis machine). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a 4-axis machine to cut the facets on the end link to save on costs with a reasonable expectation of success. Official notice is hereby given.
Regarding claim 15, Grilli teaches the method of claim 13 further comprising: machining a continuous concave surface 9 without facets between the second ramp and the third ramp. (Fig. 1)
Regarding claim 16, Grilli teaches the method of claim 13, wherein the master link end includes a thickness, wherein a length of each facet of the plurality of facets 12,13 extends an entirety of the thickness. (col. 3, lines 42-45)
Regarding claim 17, Grilli teaches the method of claim 13, wherein a width of each facet of the plurality of facets is the same width. (Fig. 1)
Allowable Subject Matter
Claims 5, 9, and 20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Johannsen US 20190054964 A1 and US 20190092404 A1 teach master link assemblies with a gap between the top of the tooth and the bottom of the receiving space.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX R PALMER whose telephone number is (703)756-1981. The examiner can normally be reached M-F 8:30 am - 5:00 pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (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.
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/AP/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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