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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP 2024007407, filed on 01/22/2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hisada et al. (US 20230183940), hereinafter Hisada.
Regarding claim 1, Hisada teaches
A joint mechanism (Figure 1, drive transmission device 1; Paragraph 0043, The boom 108, the arm 109, and the bucket 110 are rotatably coupled to each other via a drive transmission device 1)
for a construction machine, comprising (Figure 1, excavator 100; Paragraph 0007, The present disclosure provides a drive transmission device and a construction machine):
a first member (Figure 2, shaft portion 2; Paragraph 0041, the drive transmission device 1 includes a shaft portion 2, a reduction unit 4, a housing portion 6, and a bearing 8)
having a first facing surface (Figure 3, stepped surface 2e; Paragraph 0068, An end surface 6b of the housing portion 6 that faces toward the attachment bracket 111 is opposed to a stepped surface 2e);
a second member (Figure 2, housing portion 6; Paragraph 0041, the drive transmission device 1 includes a shaft portion 2, a reduction unit 4, a housing portion 6, and a bearing 8)
rotatable around a rotation axis relative to the first member (Figure 3, see second rotation axis C2; Paragraph 0040, the drive transmission device 1 is disposed on the second rotation axis C2 (an example of the rotation axis in the claims) of the bucket 110 relative to the arm 109)
and having a second facing surface facing the first facing surface (Figure 3, concave groove 9b; Paragraph 0071, the labyrinth seal 9 includes a projection 9a formed on the stepped surface 2e and a concave groove 9b formed in the end surface 6b);
a power transmission mechanism (Figure 3, reduction unit 4; Paragraph 0047, The reduction unit 4 is coupled to the motor shaft 120a via the transmission shaft 121)
for transmitting power for rotation to the second member (Paragraph 0047, The reduction unit 4 receives the drive rotation from the motor 120 via a first bevel gear 71 and a second bevel gear 72);
a first wall protruding from the first facing surface (Figure 3, projection 9a; Paragraph 0071, the labyrinth seal 9 includes a projection 9a formed on the stepped surface 2e and a concave groove 9b formed in the end surface 6b)
and having an annular shape around the rotation axis (Figure 3, see labyrinth seal 9; Paragraph 0070, The labyrinth seal 9 is formed in conformity to the gap between the end surface 6b and the stepped surface 2e, and the labyrinth seal 9 extends over the entire circumference of the shaft portion 2 around the second rotation axis C2);
and a second wall protruding from the second facing surface (Figure 3, end surface 6b; Paragraph 0071, Specifically, the labyrinth seal 9 includes a projection 9a formed on the stepped surface 2e and a concave groove 9b formed in the end surface 6b)
and having an arc-like shape around the rotation axis (Figure 3, see labyrinth seal 9; Paragraph 0070, The labyrinth seal 9 is formed in conformity to the gap between the end surface 6b and the stepped surface 2e, and the labyrinth seal 9 extends over the entire circumference of the shaft portion 2 around the second rotation axis C2),
wherein the power transmission mechanism is located on an inner side of the first wall in a radial direction around the rotation axis (Figure 3, see shaft portion 2, projection 9a, and reduction unit 4; Paragraph 0047, The first bevel gear 71 and the second bevel gear 72 are located in the internal space 2c of the shaft portion 2),
and wherein the second wall is located on an outer side of the first wall in the radial direction and overlaps at least partly with the first wall in a direction along the rotation axis (Figure 3, see projection 9a and end surface 6b).
Regarding claim 2, in addition to the teachings above for claim 1, Hisada further teaches
further comprising a third wall protruding from the second facing surface (Figure 3, see wall projection adjacent to tight seal 9c; Paragraph 0071, Specifically, the labyrinth seal 9 includes a projection 9a formed on the stepped surface 2e and a concave groove 9b formed in the end surface 6b)
and having an annular shape around the rotation axis (Figure 3, see labyrinth seal 9; Paragraph 0070, The labyrinth seal 9 is formed in conformity to the gap between the end surface 6b and the stepped surface 2e, and the labyrinth seal 9 extends over the entire circumference of the shaft portion 2 around the second rotation axis C2),
wherein the third wall is located between the power transmission mechanism and the first wall in the radial direction and overlaps at least partly with the first wall in the direction along the rotation axis (Figure 3, see wall projection adjacent to tight seal 9c, projection 9a, and output shaft 76).
Regarding claim 3, in addition to the teachings above for claim 1, Hisada further teaches
wherein the second wall extends around the rotation axis for 180 degrees or more (Figure 3, see labyrinth seal 9; Paragraph 0070, The labyrinth seal 9 is formed in conformity to the gap between the end surface 6b and the stepped surface 2e, and the labyrinth seal 9 extends over the entire circumference of the shaft portion 2 around the second rotation axis C2).
Regarding claim 4, in addition to the teachings above for claim 1, Hisada further teaches
wherein the second member includes a bucket with an opening (Figure 2, bucket 110; Paragraph 0044, The rotation transmitting portion 2b has a substantially cylindrical outer surface extending at least along the bucket 110 and centered on the second rotation axis C2),
wherein an opening direction refers to a direction perpendicular to an opening surface of the bucket and extending from an interior to an exterior of the bucket through the opening surface, wherein, as viewed in a direction along the rotation axis, a first straight line refers to a virtual straight line connecting the rotation axis and the opening surface by a shortest distance, and a second straight line refers to a virtual straight line extending from the rotation axis in the opening direction (See Hisada annotated figure 1 below),
and wherein in a circumferential direction around the rotation axis, the second wall extends over an entire angular region formed by the first straight line and the second straight line on a side toward which the opening surface is open (Figures 1 and 2, see drive transmission device 1 and bucket 110; It can be seen in the figures that the drive transmission device 1, which encompasses the second wall, completely covers the entire region of the connection to the bucket 110).
Regarding the opening direction, first straight line, and second straight line, see the annotated image of Hisada below.
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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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Seisakusho (US 4204794).
Regarding claim 8, Seisakusho teaches
A joint mechanism for a construction machine, comprising (Column 1, lines 7-8, An apparatus for attaching an implement to an earth moving vehicle):
a first member (Figure 12-I, lift arm 11; Column 3, lines 24-26, the implement 39 is tilted back to allow the stopper face 43 of the upper coupler 12 to abut against the stopper 44 of the lift arms 11);
a second member rotatable relative to the first member (Figure 12-I, upper coupler 12; Column 3, lines 24-26, the implement 39 is tilted back to allow the stopper face 43 of the upper coupler 12 to abut against the stopper 44 of the lift arms 11);
a first stopper protruding from the first member (Figure 12-II, stopper face 43; Column 3, lines 24-26, the implement 39 is tilted back to allow the stopper face 43 of the upper coupler 12 to abut against the stopper 44 of the lift arms 11);
and a second stopper protruding from the second member (Figure 12-II, stopper 44; Column 3, lines 24-26, the implement 39 is tilted back to allow the stopper face 43 of the upper coupler 12 to abut against the stopper 44 of the lift arms 11)
and configured to contact the first stopper when the second member has rotated by a first angle from a predetermined reference position (Figure 12-II, see lift arm 11, stopper 44, upper coupler 12, and stopper face 43; Column 3, lines 24-26, the implement 39 is tilted back to allow the stopper face 43 of the upper coupler 12 to abut against the stopper 44 of the lift arms 11).
The claim recites the limitation of a first stopper specifically protruding from the first member. While Seisakusho teaches a stopper face which meets the limitation requirements, this stopper face is not taught as a protrusion from an upper coupling. However, Seisakusho does teach a stopper protruding from a lift arm. Thus, it would be obvious for a person having ordinary skill in the art to add a protruding stopper in place of just a stopper face which reaches the limitations recited. A person having ordinary skill in the art would have had the capability to make this substitution and would have recognized that the combination would yield predictable results. Furthermore, each element in the replaced context would perform the same function they did separately. For further information regarding this rationale, see MPEP 2143(I)(B).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Seisakusho (US 4204794) in view of Hisada (US 20230183940).
Regarding claim 9, in addition to the teaching above for claim 8, Seisakusho further teaches wherein the second member includes a bucket with an opening (Figure 12-II, implement 39; Column 3, lines 24-26, the implement 39 is tilted back to allow the stopper face 43 of the upper coupler 12 to abut against the stopper 44 of the lift arms 11).
Seisakusho fails to fully teach further comprising a power transmission mechanism connecting the first member and the second member so as to be capable of relative rotation and configured to transmit power for rotation to the second member.
However, Hisada teaches further comprising a power transmission mechanism connecting the first member and the second member so as to be capable of relative rotation and configured to transmit power for rotation to the second member (Figure 3, reduction unit 4; Paragraph 0047, The reduction unit 4 is coupled to the motor shaft 120a via the transmission shaft 121).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine a power transmission mechanism, as taught by Hisada, with the lift arm and upper coupler of Seisakusho. One would have been motivated to make this combination as a means of replacing the linear actuator of Seisakusho with a rotary actuator to make the system more efficient (Hisada paragraph 0005, However, a linear actuator is inefficient because it does not work when the direction of thrust is not perpendicular to an input lever. In contrast, a rotary actuator is more efficient because it works regardless of the direction of the input lever).
A person having ordinary skill in the art would have had the capability to combine these systems and would have recognized that the combination would yield predictable results. Furthermore, each element in the combined context would perform the same function they did separately.
A person having ordinary skill in the art would be motivated to incorporate the teachings of Hisada to Seisakusho because they are in the same field of endeavor directed to the same technology (construction equipment), which would prompt its use based on design improvements that are predictable and recognized by one having ordinary skill in the art.
Allowable Subject Matter
Claims 5-7 and 10 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.
Regarding claim 5, prior art in the area of endeavor fails to fully teach a first and second stopper operating together to limit motion of two members along with the recited limitations of the parent claim. Based on prior art of record, while there exists stopping surfaces and mechanisms for the joint mechanisms within the area of endeavor (See at least Seisakusho US 4204794 and Nagoshi US 3920139), it would not have been obvious to adapt such systems to the joint mechanism taught by Hisada without significant modification of the Hisada system. Thus, it is considered to distinguish over the prior art.
Regarding claims 6 and 7, they are dependent on claim 5 and further limit the system and thus are likewise considered to distinguish over the prior art.
Regarding claim 10, Seisakusho teaches wherein the second member includes a bucket with an opening (Figure 12-II, implement 39; Column 3, lines 24-26, the implement 39 is tilted back to allow the stopper face 43 of the upper coupler 12 to abut against the stopper 44 of the lift arms 11). However, Seisakusho and other prior art fails to fully teach wherein an opening direction refers to a direction perpendicular to an opening surface of the bucket and extending from an interior to an exterior of the bucket through the opening surface, and wherein, as viewed in a direction along a rotation axis of the second member, when the second stopper is at a position at which the second stopper contacts the first stopper, a virtual half line extending from the rotation axis in a direction opposite to the first stopper intersects a virtual half line extending from the opening surface in the opening direction. This specific relation of the opening direction of the attached bucket and the stopper as recited by the claim is not taught in the prior art in the area of endeavor. Thus, it is considered to distinguish over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure [See PTO-892 Notice of References Cited] because the prior art references contain subject matter that related to one or more the of the Applicant’s claim limitations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN THOMAS KOSKY whose telephone number is (571)270-7277. The examiner can normally be reached Monday - Friday (8:00 am - 4:30 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob S Scott can be reached at (571) 270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.T.K./ Examiner, Art Unit 3655
/JACOB S. SCOTT/ Supervisory Patent Examiner, Art Unit 3655
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