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 .
This is the First Office Action on the merits of Application No. 18/992110, filed on 01/07/2025. Claims 1-16 are still pending in the application.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 1515056 to Wimmer (henceforth referred to as Wimmer).
Regarding claims 1-4, Wimmer discloses a wear pad assembly (i.e. Fig. 3) for an extendable boom (i.e. Fig. 2a) having a first boom section (i.e. Fig. 2a, ref. 1a) and a second boom section (i.e. Fig. 2a, ref. 1b), the wear pad assembly comprising: a base plate (i.e. Fig. 3, ref. 8) for mounting to the first boom section, the base plate comprising one or more locating protrusions (i.e. Fig. 3, ref. 4); and
a wear pad (i.e. Fig. 3, ref. 2, 3) having a thickness extending between a coupling surface and an opposing sliding surface, the coupling surface comprising a recess (i.e. Fig. 3, ref. 5) for engagement with the one or more locating protrusions of the base plate; wherein the recess is configured to provide a clearance fit with the one or more locating protrusions of the base plate (i.e. Machine Translation page 3, lines 1-2: “sliding element 2, which rests only loose in the frame 8”).
Wherein the recess is sized and/or shaped to provide the clearance fit with the one or more locating protrusions of the base plate (i.e. Machine Translation page 3, lines 1-2: “sliding element 2, which rests only loose in the frame 8”).
Wherein one or more edges of a perimeter of the sliding surface of the wear pad comprises a chamfer (i.e. Mark up of Fig. 3).
Wherein the base plate further comprises a base plate tab (i.e. Mark up of Fig. 3) extending in a plane of the base plate from a side of the base plate.
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Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US Patent No. 11,041,526 to Calago et al (henceforth referred to as Calago).
Regarding claims 1-6, Calago discloses a wear pad assembly (i.e. Fig. 1, ref. 1) for an extendable boom having a first boom section and a second boom section (i.e. Column 2, lines 22-23: “stationary structure could be an outer tube of a telescoping crane boom and the moving structure could be the inner tube of the telescoping boom”), the wear pad assembly comprising: a base plate (i.e. Fig. 1, ref. 26) for mounting to the first boom section, the base plate comprising one or more locating protrusions (i.e. Fig. 1, ref. 14); and
a wear pad (i.e. Fig. 1, ref. 10) having a thickness extending between a coupling surface and an opposing sliding surface, the coupling surface comprising a recess (i.e. Fig. 1, ref. 22) for engagement with the one or more locating protrusions of the base plate; wherein the recess is configured to provide a clearance fit with the one or more locating protrusions of the base plate (i.e. Column 3, lines 7-8: “two push clearance holes are preferably formed through wear pad 10 to provide clearance for ends of the at least two pushing fasteners 14”).
Wherein the recess is sized and/or shaped to provide the clearance fit with the one or more locating protrusions of the base plate (i.e. Column 3, lines 7-8: “two push clearance holes are preferably formed through wear pad 10 to provide clearance for ends of the at least two pushing fasteners 14”).
Wherein one or more edges of a perimeter of the sliding surface of the wear pad comprises a chamfer (i.e. Mark up of Fig. 1).
Wherein the base plate further comprises a base plate tab (i.e. Fig. 1, ref. 28) extending in a plane of the base plate from a side of the base plate.
Wherein the base plate further comprises at least one base plate aperture (i.e. Fig. 2, ref. 32).
Wherein each base plate aperture extends through a locating protrusion of the one or more locating protrusions (i.e. Fig. 1, ref. 14).
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The extendable boom having a first boom section and a second boom section (i.e. Column 2, lines 22-23: “stationary structure could be an outer tube of a telescoping crane boom and the moving structure could be the inner tube of the telescoping boom”), the extendable boom comprising a wear pad assembly (i.e. Fig. 4, ref. 1) according to claim 7.
Wherein the wear pad assembly is mounted to the first boom section (i.e. Fig. 4, ref. 100) and the second boom section (i.e. Fig. 4, ref. 102) is configured to slide relative to the first boom section along the sliding surface of the wear pad.
Wherein the wear pad assembly is located between the first boom section and the second boom section (i.e. Fig. 4, ref. 1, 100, 102).
Wherein the wear pad and the base plate are constrained in a direction perpendicular to ta plane of the first boom section by the first boom section and the second boom section (i.e. Fig. 4, ref. 1 is constrained in all directions via ref. 16).
A telehandler (i.e. Column 2, line 23: “telescoping crane boom”) comprising an extendable boom according to claim 12.
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(s) 7-9 and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 11,041,526 to Calago et al.
Regarding claims 7-9 and 12-16, Calago Figs. 1-5 does not specifically teach one or more shims. However, Calago teaches in “discussion of the prior art” that shims are known in the art to reduce a gap caused when a wear pad has been worn down (i.e. Column 1, lines 25-27: “Thus it is recommended to reduce the gap, between two components, after the wear pad is eroded. The gap can be reduced by adding shims… to reduce the gap between components”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use one or more shims with shim apertures for clearance fit engagement with the one or more protrusions of the base plate to reduce a gap between the first and second boom sections after the wear pad has been eroded down and there would have been reasonable expectation of success.
Allowable Subject Matter
Claims 10-11 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.
WO 2023/018541 to Sheehan teaches a wear pad for a telescopic boom with a base plate and protrusions;
US Patent Application Publication No. 2016/0130119 to Fortunato et al teaches a wear pad for a telescopic boom with a base plate and protrusions;
US Patent Application Publication No. 2026/0008656 to Holden teaches a wear pad for a telescopic boom;
WO 2024/011013 to Surtees et al teaches a wear pad for a telescopic boom with a base plate and protrusions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIEM M TRAN whose telephone number is (571)270-7825. The examiner can normally be reached M 9-5, W-F 10-2.
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/DIEM M TRAN/Examiner, Art Unit 3654
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