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 .
Information Disclosure Statement
The information disclosure statement (IDS) filed 2/24/2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. This IDS has been placed in the application file, but the information related to the foreign patent document and the non-patent literature document have not been considered.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains an implied phrase (i.e., "Related apparatus in a bucket lip assembly is also disclosed."). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 12-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 12 recites "the shroud body is laterally symmetric about the central plane." However, the shroud body being laterally symmetric lacks support in the original disclosure. To the contrary, para. 0006 of the specification recites: "The shroud body is laterally asymmetric about the vertical plane." Further, para. 0024 of the specification recites: "Shroud body 46 may be laterally asymmetric about vertical plane 101." Additionally, claim 3 recites: "... the shroud body is laterally asymmetric." As such, a shroud body that "is laterally symmetric about the central plane" was not described to reasonably convey possession thereof. Thus, claim 12 fails to satisfy the written description requirement, and claim 12 is rejected under 35 U.S.C. 112(a). Additionally, claims 13-20 are rejected because of their dependency on claim 12.
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.
Claims 1-20 are 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 1 recites "a bucket assembly," in lines 11-12. However, claim 1 previously sets forth "a bucket lip assembly" in line 1. It is unclear if these are the same assembly or if another assembly is being introduced. As such, the metes and bounds of the bucket assembly/assemblies in claim 1 cannot be determined. Therefore, claim 1 is indefinite and rejected under 35 U.S.C. 112(b) such that clarification and/or correction are required. Additionally, claims 2-11 are rejected because of their dependency on claim 1.
Claim 12 recites "the shroud body is laterally symmetric about the central plane." Particularly in light of the specification, it is unclear how or in what manner "the shroud body is laterally symmetric about the central plane." As such, the metes and bounds of the shroud body in claim 12 cannot be determined. Therefore, claim 12 is indefinite and rejected under 35 U.S.C. 112(b) such that clarification and correction are required. Additionally, claims 13-20 are rejected because of their dependency on claim 12. The recitation of "symmetric" in claim 12 appears to be a typographical error, and claim 12 is being further examined as though "symmetric" reads "asymmetric" (in accordance with the specification) in line 14.
Claim 12 recites the limitation "the central plane." There is insufficient antecedent basis for this limitation in the claim. Claim 12 is being further examined as though it concludes "the vertical plane."
Claim 13 recites the limitation "the central plane." There is insufficient antecedent basis for this limitation in the claim. Claim 13 is being further examined as though it concludes "the vertical plane."
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.
Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Hooijmans (US 2016/0362874) in view of Johansson et al. (US 4,414,764)
Regarding claim 1, Hooijmans discloses a shroud (including 10) for a bucket lip wing in a bucket lip assembly comprising:
a shroud body including a front end (including or of 20) forming a plow edge (along which front 22 is situated), a first leg (16) and a second leg (14) each extending to a back end (see Figs. 1-4), and a wing-mounting channel defined between the first leg and the second leg (see Figs. 1-4);
the shroud body further including a first shroud body lateral surface (of or on 16) formed in part upon the first leg (16), and a second shroud body lateral surface (of or on 14) formed in part upon the second leg (14);
the first leg (16) having formed therein a retention pocket (including 31) in communication with the wing-mounting channel and opening at the back end (see Fig. 3); and
the front end further including a forward lower edge (at or along 18) defining a shroud body lateral width (see Figs. 1 and 2).
Hooijmans does not explicitly disclose the forward lower edge forming a fit pad as claimed. Johansson teaches a shroud (10) for a bucket lip wing in a bucket lip assembly comprising a shroud body including a front end (end of 10 adjacent and/or including 15), a first leg (30), a second leg (31), and a wing-mounting channel defined therebetween (see Figs. 1 and 4),
wherein the front end further includes a forward lower edge (including that of 15 and extending laterally therefrom) defining a shroud body lateral width (see Figs. 1 and 4), and forming a fit pad (including 15), for interlocking engagement with a coupler (including or of 1) in a bucket assembly, defining a fit pad lateral width (of 15) less than the shroud body lateral width (see Figs. 1 and 4).
Johansson is analogous because Johansson discloses a shroud for a bucket lip wing in a bucket lip assembly comprising a shroud body including a forward lower edge forming a fit pad. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the shroud of Hooijmans with interlocking means as taught by Johansson in order to lock the various parts relative to each other. (See Johansson, col. 2, lines 4-30.) Additionally, providing the shroud of Hooijmans with the forward lower edge structure of Johansson is a combination of prior art elements (i.e., the shroud of Hooijmans and the forward lower edge structure of Johansson) according to known methods to yield predictable results (as taught by Johansson). See MPEP § 2143(I)(A).
Regarding claim 2, in view of the modification made in relation to claim 1, Johansson teaches the forward lower edge (including that of 15 and extending laterally therefrom) forming a first setback extending between the fit pad (including 15) and a first shroud body lateral surface (of or on 30; see Figs. 1 and 4), and a second setback extending between the fit pad (including 15) and a second shroud body lateral surface (of or on 31; see Figs. 1 and 4).
Regarding claim 3, Hooijmans discloses the forward lower edge (at or along 18) defining a leading profile that is laterally symmetric (see Fig. 1), and the shroud body being laterally asymmetric (see Figs. 1-4).
Regarding claim 4, Hooijmans discloses:
the first leg (16) being longer (along the back end) than the second leg (14; as the back end of 16 extends circuitously as shown in Fig. 2); and
the first leg (16) defining a greater leg thickness dimension between the wing-mounting channel and the first shroud body lateral surface (see Figs. 2 and 3), and the second leg (14) defining a lesser leg thickness dimension between the wing-mounting channel and the second shroud body lateral surface (see Figs. 2 and 3).
Regarding claim 5, Hooijmans discloses the shroud body further including a shroud body upper surface (including or of 45) extending forward from the wing-mounting channel to the plow edge (see Figs. 1, 3, and 4).
Regarding claim 6, Hooijmans discloses the front end (including or of 20) including a first material impingement face (face of 20 extending from front 22 to 16) and a second material impingement face (face directly labeled 20 in Fig. 1), and the plow edge (along which front 22 is situated) being defined at an intersection of the first material impingement face and the second material impingement face (see Fig. 1).
Regarding claim 7, Hooijmans discloses the front end further including a protruding lateral lip (including or of side 22) extending between the second material impingement face (face directly labeled 20 in Fig. 1) and the second shroud body lateral surface (of or on 14; see Fig. 1).
Regarding claim 8, Hooijmans discloses a material chute (within side 22, through which material may pass) being formed by the second material impingement face (face directly labeled 20 in Fig. 1) and the protruding lateral lip (including or of side 22).
Regarding claim 9, Hooijmans discloses the protruding lateral lip (including or of side 22) extending angularly outward relative to the second shroud body lateral surface (of or on 14) upon the second leg (14; see Fig. 1), and the front end further including a swept-back transition surface extending between the first material impingement face (face of 20 extending from front 22 to 16) and the first shroud body lateral surface (of or on 16; see rounded edge of 45 between the first material impingement face and the first shroud body lateral surface in Fig. 4, indicating a swept-back transition surface).
Regarding claim 10, Hooijmans discloses the first material impingement face (face of 20 extending from front 22 to 16) and the second material impingement face (face directly labeled 20 in Fig. 1) being concave curvilinear (see Figs. 1-3).
Regarding claim 11, Hooijmans discloses the shroud body upper surface (including or of 45) being at least partially planar, and including a trailing edge, a first forward edge, and a second forward edge, arranged in a triangular pattern (see Figs. 1, 3, and 4).
Regarding claim 12, Hooijmans discloses a shroud (including 10) for a bucket lip wing in a bucket lip assembly comprising:
a shroud body including a front end (including or of 20) forming a plow edge (along which front 22 is situated) defined at an intersection of a first material impingement face (face of 20 extending from front 22 to 16) and a second material impingement face (face directly labeled 20 in Fig. 1);
the plow edge extending upwardly and rearwardly from a forward lower edge (at or along 18; see Fig. 1), and extending laterally between a first shroud body lateral surface (of or on 16) and a second shroud body lateral surface (of or on 14); and
the shroud body further including a wing-mounting channel (between 16 and 14) extending rearwardly of the front end and defining a vertical plane (at or along G) extending through the plow edge; and
the shroud body is laterally asymmetric about the vertical plane (see Figs. 1-4).
Hooijmans does not explicitly disclose the forward lower edge forming a fit pad and extending as claimed. Johansson teaches a shroud (10) for a bucket lip wing in a bucket lip assembly comprising:
a shroud body including a front end (end of 10 adjacent and/or including 15) forming a plow edge (along the center of 10) defined at an intersection of a first material impingement face (face shown extending from the plow edge toward 30 in Fig. 4) and a second material impingement face (face opposite the first material impingement face);
the plow edge extending upwardly and rearwardly (see Figs. 1 and 4) from a forward lower edge (including that of 15 and extending laterally therefrom) forming a fit pad (including 15), for interlocking engagement with a coupler (including or of 1), extending laterally between a first setback defined between the fit pad (including 15) and a first shroud body lateral surface (of or on 30; see Figs. 1 and 4); and a second setback defined between the fit pad (including 15) and a second shroud body lateral surface (of or on 31; see Figs. 1 and 4); and
the shroud body further including a wing-mounting channel (between 30 and 31) extending rearwardly of the front end and defining a vertical plane extending through the plow edge (see Figs. 1 and 4).
Johansson is analogous because Johansson discloses a shroud for a bucket lip wing in a bucket lip assembly comprising a shroud body including a forward lower edge forming a fit pad. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the shroud of Hooijmans with lower edge means as taught by Johansson in order to lock the various parts relative to each other. (See Johansson, col. 2, lines 4-30.) Additionally, providing the shroud of Hooijmans with the forward lower edge structure of Johansson is a combination of prior art elements (i.e., the shroud of Hooijmans and the forward lower edge structure of Johansson) according to known methods to yield predictable results (as taught by Johansson). See MPEP § 2143(I)(A).
Regarding claim 13, Hooijmans discloses the forward lower edge (at or along 18) defining a leading profile that is laterally symmetric about the vertical plane (see Fig. 1).
Regarding claim 14, Hooijmans discloses the wing-mounting channel (between 16 and 14) being defined between a first leg (16) having formed therein a mounting pocket (including 31) and a fastening aperture (40) in communication with the mounting pocket, and a second leg (14).
Regarding claim 15, Hooijmans discloses the front end further including a swept-back transition surface extending between the first material impingement face (face of 20 extending from front 22 to 16) and the first shroud body lateral surface (of or on 16; see rounded edge of 45 between the first material impingement face and the first shroud body lateral surface in Fig. 4, indicating a swept-back transition surface), and a protruding lip (including or of side 22) extending between the second material impingement face (face directly labeled 20 in Fig. 1) and the second shroud body lateral surface (of or on 14).
Regarding claim 16, Hooijmans discloses each of the first material impingement face (face of 20 extending from front 22 to 16), the second material impingement face (face directly labeled 20 in Fig. 1), and the plow edge being concave curvilinear (see Figs. 1-3).
Regarding claim 17, Hooijmans discloses the shroud body further including a shroud body upper surface (including or of 45) that is at least partially planar and includes a trailing edge formed at an intersection with the wing-mounting channel (between 16 and 14), a first forward edge formed at an intersection with the first material impingement face (face of 20 extending from front 22 to 16), and a second forward edge formed at an intersection with the second material impingement face (face directly labeled 20 in Fig. 1; see Figs. 1, 3, and 4).
Regarding claim 18, Hooijmans discloses the trailing edge (of 45), the first forward edge (of 45), and the second forward edge (of 45) being arranged in a triangular pattern (see Figs. 1, 3, and 4).
Regarding claim 19 in view of the modification made in relation to claim 12, Johansson teaches the fit pad (including 15) including a fit pad forward surface (forward surface of 15, i.e., bottom, leftmost surface shown of 15 in Fig. 4) and a fit pad upper surface (including surface extending from that directly labeled 15 in Fig. 4 to the plow edge), and wherein the plow edge (along the center of 10) extends forward to a lateral midline of the fit pad forward surface (see Figs. 1 and 4).
Regarding claim 20, in view of the modification made in relation to claims 12 and 19, Johansson teaches each of the first and second material impingement faces (face shown extending from the plow edge toward 30 in Fig. 4, and face opposite the first material impingement face) originating at a respective intersection with the fit pad upper surface (including surface extending from that directly labeled 15 in Fig. 4 to the plow edge) that is angularly oriented to the fit pad forward surface (see Figs. 1 and 4).
Regarding claim 21, Hooijmans discloses a bucket lip assembly (for 200) comprising:
a bucket lip (70) including a bucket lip upper surface extending laterally between a first bucket lip wing (first 64) and a second bucket lip wing (second 64), a bucket lip forward edge, and a plurality of mounting stations arranged along the bucket lip forward edge (see Figs. 5 and 9);
a coupler (shown attached to 70 forward of 10 in Fig. 9) mounted to one of the plurality of mounting stations in alignment with the first bucket lip wing (first 64; see Fig. 9); and
a wing shroud (including 10) including a front end (including or of 20) having a plow edge (along which front 22 is situated) defined at an intersection of a first material impingement face (face of 20 extending from front 22 to 16) and a second material impingement face (face directly labeled 20 in Fig. 1), and a wing-mounting channel (between 16 and 14) receiving the first bucket lip wing (first 64).
Hooijmans does not explicitly disclose the wing shroud including a forward lower edge interlocked with the coupler. Johansson teaches a bucket lip assembly comprising:
a bucket lip (including 3) including a bucket lip upper surface (5) extending laterally between a first bucket lip wing (including first 9) and a second bucket lip wing (including second 9);
a coupler (including or of 1); and
a wing shroud (10) including a front end (end of 10 adjacent and/or including 15) and a wing-mounting channel (between 30 and 31) receiving the first bucket lip wing (including first 9),
wherein the wing shroud (10) includes a forward lower edge (including that of 15 and extending laterally therefrom) interlocked (via 15) with the coupler (see col. 2, lines 4-30).
Johansson is analogous because Johansson discloses a bucket lip assembly comprising a bucket lip, a coupler, and a wing shroud interlocked with the coupler. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of Hooijmans with interlocking means as taught by Johansson in order to lock the various parts relative to each other. (See Johansson, col. 2, lines 4-30.) Additionally, providing the assembly of Hooijmans with the interlocking structure of Johansson is a combination of prior art elements (i.e., the shroud of Hooijmans and the interlocking structure of Johansson) according to known methods to yield predictable results (as taught by Johansson). See MPEP § 2143(I)(A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Lukavich (US 3,851,413), Bedford et al. (US 4,776,113), Robinson (US 5,016,365), and Bjerke (US 10,190,291) each teach a wing shroud having fit pad structure as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joel F. Mitchell whose telephone number is (571)272-7689. The examiner can normally be reached 9:30-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher 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.
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/JFM/6/26/26
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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