Information Disclosure Statement
The information disclosure statement filed October 31, 2024 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. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Claim Rejections - 35 USC § 112
Claims 1 & 8-9 & 15-16 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. The scope of the claims of is unclear. The preamble indicates the claims are directed to a pin retainer alone. However, in the body of the claims a padlock pin is recited in combination with the retainer (see “pin attachment portion fixed rotationally to the padlock pin” in claim 1) which would indicate the claims are directed to combination comprising both a retainer and a padlock pin.
Claim Rejections - 35 USC § 102
Claims 1 & 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Starkey, US 4,998,875. Starkey shows a retainer (10) that could be used for a padlock pin, the padlock pin being adapted to connect a padlock to a lug of a bucket of a rope shovel, the retainer comprising:
a pin attachment portion (see in Fig. 1 the left half of the retainer 10) fixed (see “affixed” at col. 2, line 43) rotationally to the padlock pin (14), the pin attachment portion comprising an aperture (22) for receiving the padlock pin; and
an arm (at Fig. 1 nominally indicated by reference numeral 34), the arm comprising a bucket-facing surface (68), wherein Figs. 1-2 show the bucket-facing surface has a length (68) along a plane that is perpendicular to a center-axis of the padlock pin, and wherein the length is larger than a maximum distance across the aperture,
wherein Fig. 6 shows the pin attachment portion is attached to an end of the padlock pin,
wherein Figs. 1-2 show the bucket-facing surface (68) is flat, i.e. adapted to contact a portion of the bucket of the rope shovel.
Claim(s) 4-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carbaugh, US 9,587,375. Carbaugh discloses a retainer (24) for a padlock pin (18), the padlock pin being adapted to connect a padlock (col. 2, line 27) to a lug (12) of a bucket (10) of a rope shovel (col. 2, line 29), the retainer comprising:
a pin attachment portion (44) adapted (40) to be rotationally fixed to the padlock pin; and
an arm (44) having a length (see in Fig. 5 the width of the retainer to the left of number 40) and a second length (see in Fig. 5 the width of the retainer at its bottom) along a plane that is perpendicular to the center axis of the padlock pin (18), and wherein the length is larger than the second length by at least 50%.
Claim Rejections - 35 USC § 103
Claims 2-3 & 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Starkey.
As to claims 2-3, Starkey discloses length (68) but does not expressly disclose the length is at least 90% of a minimum distance from the bucket-facing surface (68) to the center axis of the padlock pin (14). However, it would have been obvious to one having ordinary skill in the art to have the length is at least 90% of a minimum distance from the bucket-facing surface (68) to the center axis of the padlock pin (14), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990).
As to claims 8-9, Starkey discloses length (68) but does not expressly disclose the length is 17 to 19 inches. However, it would have been obvious to one having ordinary skill in the art to have the length between 17 and 19 inches, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990).
Claim(s) 7 & 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carbaugh, US 9,587,375. Carbaugh discloses a retainer (24) for a padlock pin (18), the padlock pin being adapted to connect a padlock (col. 2, line 27) to a lug (12) of a bucket (10) of a rope shovel (col. 2, line 29), the retainer comprising:
a pin attachment portion (44) adapted (40) to be rotationally fixed to the padlock pin; and
an arm (44), the arm comprising a bucket-facing surface (see in Fig. 5 the bottom of the retainer 22). Carbaugh does not expressly disclose the bucket-facing surface has an area sized to prevent yielding of 60%-100% of the area when the padlock pin is subject to a rotational load. However, it would have been obvious to one having ordinary skill in the art to have the bucket-facing surface with an area sized to prevent yielding of 60%-100% of the area when the padlock pin is subject to a rotational load, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990).
As to claims 12-14, Carbaugh discloses a retainer (24) with a back-facing surface but does not expressly disclose the surface is made from steel with a yield point of 21,000psi to 110,000psi. However it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the surface from steel with a yield point of 21,000psi to 110,000psi, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). See MPEP 2144.07
As to claim 7, at Fig. 5 Carbaugh shows a transition (see curved portion crossed by lead line for number 24) but does not expressly disclose the transition is wedge shape. However, it would have been an obvious matter of design choice to make the transition is wedge shape, since such a modification would have involved a mere change in the shape of the transition. A change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of Hayden and Bales discloses a pin retainer rotationally fixed to a pin.
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/Greg Binda/Primary Examiner, Art Unit 3679
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