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
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)(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 1-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by LaHood et al as part of US 9534356 B2, hereinafter referred to as LaHood.
Regarding Claim 1: LaHood teaches of a retention component assembly for securing a work tool to a base,
the work tool having a base-engaging surface with an opening formed therein (Fig. 2-3, ground engaging tip 30 comprises mounting cavity 35 to receive adapter 20),
wherein the retention component assembly comprises:
a retention nut configured to be inserted into a cavity in the work tool through the opening in the base-engaging surface (Fig. 2; Fig. 12, lock 160 is an exemplary embodiment of lock 60, which is inserted into lock cavity 40 of ground engaging tip 30 through the inside wall of mounting cavity 35),
the retention nut comprising:
a cylindrical body having an inner surface delimiting at least one thru-hole in the retention nut (Fig. 12,lock 160 comprises a cylindrical body and through-hole 185),
and a plurality of wings extending laterally from the cylindrical body, each of the wings including an angled outer surface configured to engage with a corresponding surface of the work tool (Fig. 12-14, C shaped skirt 163 of lock 160 comprises two wing sections defined as the left and right flanks of the skirt 163, the sides of the skirt 163 extending at an angle);
a shim configured to secure the retention nut within the cavity of the work tool (Fig. 9; Col. 5, line 16-28, retainer bushing 70 seats within lock cavity 40, and lock 60 seats against retainer bushing 70 to allow rotation of lock 60 into a locking position);
and a fastener configured to engage with the inner surface of the retention nut to secure the work tool to the base (Fig. 2-3, the inner surface of lock 60 engages with lock bulge 45 of adapter 20).
Regarding Claim 2: LaHood teaches of the apparatus described in claim 1.
LaHood further teaches wherein the retention nut includes a top end having a first width and a bottom end having a second width larger than the first width, and wherein the angled outer surface of each of the wings extends from the top end of the retention nut to the bottom end of the retention nut (Fig. 12, lock 160 comprises a top end and a bottom end, where the bottom end is wider than the top end, and the angled sides of skirt 163 extend from the top end to the bottom end).
Regarding Claim 3: LaHood teaches of the apparatus described in claim 2.
LaHood further teaches wherein the bottom end of the retention nut is configured to be inserted through the opening in the base-engaging surface and to be seated on a receiving shelf within the cavity of the work tool (Fig. 9, lock 60 is inserted bottom end first into the lock cavity 40 of ground engaging tip 30, wherein lock cavity 40 may include shoulder 48 to engage the lock 60 and retainer bushing 70).
Regarding Claim 4: LaHood teaches of the apparatus described in claim 1.
LaHood further teaches wherein the retention nut is rotatable between: an unlocked state in which the retention nut is removable from the cavity through the opening in the base-engaging surface, and a locked state in which the plurality of wings are aligned with protrusions within the cavity (Col. 5, line 16-28; Fig 3, lock 60 is rotated between a locked and unlocked state to match the shape of lock cavity 40 in ground engaging top 30).
Regarding Claim 5: LaHood teaches of the apparatus described in claim 4.
LaHood further teaches wherein at least one gap is provided between the cylindrical body and the work tool when the retention nut is in the locked state (Fig. 3, a gap is shown between lock 60 and ground engaging tip 30, which is filled by retainer bushing 70).
Regarding Claim 6: LaHood teaches of the apparatus described in claim 5.
LaHood further teaches wherein the shim is configured to be received within the at least one gap between the cylindrical body and the work tool (Fig. 3, retainer bushing 70 is shown to be positioned in the gap between lock 60 and ground engaging tip 30).
Regarding Claim 7: LaHood teaches of the apparatus described in claim 5.
LaHood further teaches wherein the shim includes at least one shim leg configured to be received within the at least one gap between the cylindrical body and the work tool (Fig. 3, retainer bushing 70 comprises projections 77, which are received within the gap between lock 60 and the ground engaging tip 30).
Regarding Claim 8: LaHood teaches of the apparatus described in claim 1.
LaHood further teaches wherein the shim is configured to be placed at least partially within the cavity of the work tool to secure the retention nut against rotation relative to the work tool (Fig. 3, a gap is shown between lock 60 and ground engaging tip 30, which is filled by retainer bushing 70 to secure the lock 60; Col. 6, line 47-50, the retainer bushing 70 holds lock 60 in predetermined rotational positions).
Regarding Claim 9: LaHood teaches of the apparatus described in claim 1.
LaHood further teaches wherein the shim is configured to abut on an inner surface of the work tool and an outer surface of the cylindrical body of the retention nut (Fig. 3; Fig. 9, retainer bushing 70 abuts the outer surface of lock 60 and the inner surface 43 of the lock cavity 40).
Regarding Claim 10: LaHood teaches of the apparatus described in claim 1.
LaHood further teaches wherein the shim comprises a bridge having an opening configured to receive at least a portion of the fastener (Fig. 3, retainer bushing 70 comprises a central opening that bridges across lock bulge 45).
Claims 1, 11-17 and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cheyne et al as part of US 20130174453 A1, hereinafter referred to as Cheyne.
Regarding Claim 1: Cheyne teaches of a retention component assembly for securing a work tool to a base,
the work tool having a base-engaging surface with an opening formed therein (Fig. 14, wear member 10 comprises cavity 26 to receive base 12),
wherein the retention component assembly comprises:
a retention nut configured to be inserted into a cavity in the work tool through the opening in the base-engaging surface (Fig. 14; Fig. 25, lock 16 is inserted through hole 67 of wear member 10; Fig. 28, lock 28 comprises collar 222),
the retention nut comprising:
a cylindrical body having an inner surface delimiting at least one thru-hole in the retention nut (Fig. 27-28, collar 222 comprises a cylindrical body and central opening 258, which is a through hole),
and a plurality of wings extending laterally from the cylindrical body, each of the wings including an angled outer surface configured to engage with a corresponding surface of the work tool (Fig. 27-28, collar 222 comprises at least two wing members in the form of flange 241 and lugs 237 and 236, which all comprise angled outer surfaces designed to engage a corresponding surface of wear member 10);
a shim configured to secure the retention nut within the cavity of the work tool (Fig. 27-28, retainer 224 is configured to couple collar 222 of lock 16 into the cavity 26 of wear member 10);
and a fastener configured to engage with the inner surface of the retention nut to secure the work tool to the base (Fig. 27-29, the pin 220 engages with threads on the inner surface of collar 222, which retains the wear member 10 onto base 12 when fully inserted into cavity 26).
Regarding Claim 11: Cheyne teaches of the apparatus described in claim 1.
Cheyne further teaches wherein a portion of the fastener is configured to be introduced into the thru-hole in the retention nut while the retention nut is locked within the cavity (Paragraph 81; Fig. 34, collar 222 is inserted into hole 67 in cavity 26 and rotated into position; Paragraph 84, pin 220 is inserted installed into collar 222 from outside the wear member).
Regarding Claim 12: Cheyne teaches of the apparatus described in claim 1.
Cheyne further teaches wherein the fastener comprises:
a head portion configured to engage a receiving structure of the base (Fig. 30, pin 224 comprises end 230 which engages hole 66 of base 12);
and a threaded shank configured to be inserted through the opening in the base-engaging surface and into the thru-hole of the retention nut (Fig. 27-28, shank 249 comprises threads 254 which engage corresponding threads 258 of collar 222).
Regarding Claim 13: Cheyne teaches of the apparatus described in claim 1.
Cheyne further teaches wherein the base-engaging surface of the work tool is configured to abut on a surface of the base when the fastener matingly engages with the retention nut (Paragraph 79, lock 16 placed into top wall 20 is provided to hold wear member 10 to base 12).
Regarding Claim 14: Cheyne teaches of a ground-engaging system, comprising:
a work tool having a ground-engaging leading edge, a top surface, and a cavity with an opening along the top surface (Fig. 14, wear member 10 comprises cavity 26 to receive base 12, as well as top wall 20 and front end 24 to engage and penetrate the ground, wherein cavity 26 is disposed in top wall 20);
a base (Fig. 14, base 12);
and a retention component assembly for securing the work tool to the base (Fig. 14; Paragraph 79, lock 16 placed into top wall 20 is provided to hold wear member 10 to base 12), the retention component assembly comprising:
a retention nut configured to be inserted into the cavity in the work tool through the opening in the top surface (Fig. 28, lock 28 comprises collar 222, which is inserted into hole 67 in cavity 26), the retention nut comprising:
a cylindrical body having an inner surface delimiting at least one thru-hole in the retention nut (Fig. 27-28, collar 222 comprises a cylindrical body and central opening 258, which is a through hole),
and a plurality of wings extending laterally from the cylindrical body, each of the wings being configured to engage with a surface within the cavity in the work tool (Fig. 27-28, collar 222 comprises at least two wing members in the form of flange 241 and lugs 237 and 236, which all comprise angled outer surfaces designed to engage a corresponding surface of wear member 10);
a shim configured to secure the retention nut within the cavity in the work tool (Fig. 27-28, retainer 224 is configured to couple collar 222 of lock 16 into the cavity 26 of wear member 10);
and a fastener configured to be inserted into the cavity in the work tool through the opening in the top surface and to engage with the inner surface of the retention nut to securely arrange the top surface of the work tool in contact with a surface of the base (Fig. 27-29, the pin 220 engages with threads on the inner surface of collar 222, which retains the wear member 10 onto base 12 when fully inserted into cavity 26; Paragraph 79, lock 16 placed into top wall 20 is provided to hold wear member 10 to base 12).
Regarding Claim 15: Cheyne teaches of a method of securing a work tool to a base, comprising:
providing a work tool having a base-engaging surface with an opening formed therein (Fig. 14, wear member 10 comprises cavity 26 to receive base 12);
inserting a retention nut through the opening in the base-engaging surface and into a cavity in the work tool, the retention nut having a thru-hole (Paragraph 81; Fig. 34, collar 222 is inserted into hole 67 in cavity 26);
rotating the retention nut within the cavity to provide at least one gap between an outer surface of the retention nut and an inner surface of the work tool (Paragraph 81; Fig. 34, collar 222 is rotated into position, which leaves a gap between the collar 222 and the wall of cavity 26);
placing a shim within the at least one gap to secure the retention nut within the cavity of the work tool (4) Fig. 34, retainer 224 is configured to couple collar 222 of lock 16 into the cavity 26 of wear member 10);
providing a base and engaging a fastener with a receiving structure of the base (Fig. 25, pin 224 and hole 66 in base 12 are provided);
and engaging the fastener with the retention nut until the base-engaging surface of the work tool abuts on a surface of the base (Paragraph 79, lock 16 placed into top wall 20 is provided to hold wear member 10 to base 12).
Regarding Claim 16: Cheyne teaches of the method described in claim 15.
Cheyne further teaches wherein the retention nut comprises:
a cylindrical body having an inner surface delimiting the thru-hole of the retention nut (Fig. 27-28, collar 222 comprises a cylindrical body and central opening 258, which is a through hole);
and a plurality of wings extending laterally from the cylindrical body, wherein the wings are configured to engage with corresponding protrusions within the cavity of the work tool (Fig. 27-28, collar 222 comprises at least two wing members in the form of flange 241 and lugs 237 and 236, which all comprise angled outer surfaces designed to engage a corresponding surface of wear member 10).
Regarding Claim 17: Cheyne teaches of the method described in claim 16.
Cheyne further teaches of the method further comprising placing angled outer surfaces of the wings in contact with corresponding surfaces within the cavity (Fig. 28, flange 241 is configured to contact corresponding recess 85 against wall 93).
Regarding Claim 19: Cheyne teaches of the method described in claim 15.
Cheyne further teaches of the method further comprising arranging a head portion of the fastener at least partially within a receiving structure of the base (Fig. 30, end 230 of pin 224 is arranged within hole 66 of base 12).
Regarding Claim 20: Cheyne teaches of the method described in claim 15.
Cheyne further teaches wherein engaging the fastener with the retention nut includes inserting a threaded shank of the fastener into the thru-hole of the retention nut while the retention nut is locked within the cavity (Fig. 27-28, shank 249 comprises threads 254 which engage corresponding threads 258 of collar 222).
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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Cheyne in view of LaHood.
Regarding Claim 18: Cheyne teaches of the method described in claim 15.
Cheyne further teaches of the thru-hole of the retention nut extending between the top end and the bottom end (Cheyne: Fig. 27-28, collar 222 comprises a cylindrical body and central opening 258, which is a through hole),
and wherein inserting the retention nut into the cavity comprises:
inserting the bottom end of the retention nut through the opening in the base-engaging surface and into contact with a receiving shelf within the cavity of the work tool (Cheyne: Fig. 34; Paragraph 81, collar 222 is inserted bottom end first into hole 67 in cavity 26).
Cheyne does not teach wherein the retention nut includes a top end having a first width and a bottom end having a second width larger than the first width.
LaHood teaches of a work tool having a ground-engaging leading edge, a top surface, and a cavity (LaHood: Fig. 2-3, ground engaging tip 30 comprises mounting cavity 35 to receive adapter 20, wherein ground engaging tip 30 comprises upper surface 32);
a base (LaHood: Fig. 2, adapter 20);
and a retention component assembly for securing the work tool to the base (LaHood: Fig. 2, lock 60 acts to secure ground engaging tip 30 to the adapter 20), the retention component assembly comprising:
a retention nut configured to be inserted into the cavity in the work tool through the opening (LaHood: Fig. 2; Fig. 12, lock 160 is an exemplary embodiment of lock 60, which is inserted into lock cavity 40 of ground engaging tip 30 through the inside wall of mounting cavity 35), the retention nut comprising:
a cylindrical body having an inner surface delimiting at least one thru-hole in the retention nut (LaHood: Fig. 12,lock 160 comprises a cylindrical body and through-hole 185),
and a plurality of wings extending laterally from the cylindrical body, each of the wings being configured to engage with a surface within the cavity in the work tool (LaHood: Fig. 9; Col. 5, line 16-28, retainer bushing 70 seats within lock cavity 40, and lock 60 seats against retainer bushing 70 to allow rotation of lock 60 into a locking position);
wherein the retention nut includes a top end having a first width and a bottom end having a second width larger than the first width (Fig. 12, lock 160 comprises a top end and a bottom end, where the bottom end is wider than the top end).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the profile taught by Cheyne to comprise a conical profile to match the profile of the insertion cavity that the retention member is being inserted into, which is a known solution in the art (Fig. 12, skirt 163 extends at an angle between a first width and a second, wider width, which matches the angle of the corresponding contact members of the ground engaging tip 30 and adapter 20). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of providing an angled surface of engagement between the locking mechanism and a matching surface of the work tool.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Snyder as part of US 20170226718 A1 teaches of a retention component assembly for securing a work tool to a base, the work tool having a base-engaging surface with an opening formed therein, wherein the retention component assembly comprises a retention nut configured to be inserted into a cavity in the work tool through the opening in the base-engaging surface, the retention nut comprising a cylindrical body having an inner surface delimiting at least one thru-hole in the retention nut, and a plurality of wings extending laterally from the cylindrical body, each of the wings including an angled outer surface configured to engage with a corresponding surface of the work tool, a shim configured to secure the retention nut within the cavity of the work tool, and a fastener configured to engage with the inner surface of the retention nut to secure the work tool to the base.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN ANTHONY BREGEL whose telephone number is (571)272-0922. The examiner can normally be reached 8:30-5:30 Eastern, M-F.
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, Christopher J 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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/EVAN A BREGEL/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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