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 .
Allowable Subject Matter
Claim 4 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Generally, the presence of a securing pin in addition to all the other claimed elements is an improvement over the prior art; however, the exact claim language regarding the securing pin does not make a distinction over the prior art as the prior art references have elements that could be considered securing pins. Claim 4 locates the holes for the securing pin of Applicant’s invention adequately such that the prior art references do not anticipate the claim language of claim 4. No prior art reference, nor any other reference, teaches the location of a securing pin and corresponding holes of claim 4. In view of the prior art of record, any obvious combination to locate the holes and securing pin as currently claimed would require improper hindsight reasoning and require too significant of a redesign. For this reason, the claim is allowable.
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.
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(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 1 recites “abutting members” which the specification describes as element 220 or 420. Element 220 does not appear to be depicted in any figures, but element 420 is depicted in Applicant’s Fig 14. It is not clear to the examiner how “at least one of the at least one central room [receives] one of the abutting members of the coupler” as claimed in lines 20-21 of claim 1. The specification denotes the “central room” as element 178. In Fig 17, the examiner assumes central recess 346 to be analogous to the ”central room” which does not appear receive the “abutting members” 420. Therefore, it is unclear how the abutting members are received in the central room or central recess. It appears that the disks 218 (or 418 in Fig 17) are received within the central room or recess. Claims 2-16 are rejected due to their dependence on claim 1.
Claim 17 recites the same “abutting members”. It is unclear how the abutting members are received in the central room or central recess as claimed for the reasons set forth above. It appears that the disks 218 (or 418 in Fig 17) are received within the central room or recess. Claims 18-20 are rejected due to their dependence on claim 17.
Claims 10-13, 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 10 recites the limitation "the at least one central arched wall " in line 1. There is insufficient antecedent basis for this limitation in the claim. There is only reference to “at least one central wall” in this claim or the claim from which this depends. The claim has been examined as best understood.
Claim 11 recites the limitation "the central arched wall " in line 1. There is insufficient antecedent basis for this limitation in the claim. There is only reference to “at least one central wall” in this claim or the claim from which this depends. The claim has been examined as best understood.
Claim 12 recites the limitation "the at least one central arched wall " in line 1. There is insufficient antecedent basis for this limitation in the claim. There is only reference to “at least one central wall” in this claim or the claim from which this depends. The claim has been examined as best understood.
Claim 13 recites the limitation "the two central arched walls" in line 1. There is insufficient antecedent basis for this limitation in the claim. There is only reference to “at least one central wall” in this claim and the claim from which this depends. The claim has been examined as best understood.
Claim 20 recites the limitation "abutting components" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. There is only reference to “abutting members” in this claim and the claim from which this depends. The claim has been examined as best understood.
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)(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) 1-3, 8, 10, 12, 14-15, 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beaudoin et al. (US 20190106858).
Regarding claim 1, Beaudoin discloses a bracket for reversibly mounting an excavation bucket on a coupler of an articulated arm, the coupler comprising a first shaft with mounting disks secured thereto and a second shaft with abutting members mounted thereto (claim language is broad; Fig 4A; see Annotated Figure 1; coupler 20 with first shaft 22 with mounting disks and second shaft 26 with abutting members; the abutting members are mounted to the second shaft through the brackets), the bracket comprising:
a body extending along a first plane between a frontmost position and a rearmost position, the body comprising a mounting edge for adjoining the bracket to the excavation bucket (Figs 5A-6B; bracket 100 with body 110; mounting edge of bracket mounts to bucket);
a rear recess located about the rearmost position, the rear recess comprising an arched rear wall defining a rear room, a rear opening providing access to the rear room, the rear opening being oriented substantially away from the frontmost position (Fig 6B; rear recess 140 has a generally arched rear wall that defines the rear room of the rear recess and is open to the rear);
a front recess located about the frontmost position, the front recess comprising an arched front wall defining a front room, a front opening providing access to the front room, the front opening being oriented substantially away from the rearmost position (Fig 6B; front recess 120 has a generally arched front wall that defines the front room of the front recess and is open to the front);
a central recess comprising at least one central wall each defining a central room, each of the least one central wall having a central opening oriented substantially away the mounting edge (Fig 6B; central recess 130 with a wall that defines a central room of the central recess and is open away from the mounting edge),
wherein the bracket is adapted for any of the front room and the rear room to receive one of the mounting disks of the coupler, and for at least one of the at least one central room to receive one of the abutting members of the coupler whereby mounting the bucket to the coupler either frontwards or rearwards (Figs 7A-7D depict the front room receiving the mounting disks of the coupler and the central room receiving the abutting members of the coupler).
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Annotated Figure 1
Regarding claim 2, Beaudoin discloses the bracket wherein the coupler comprises a securing pin, the bracket comprising a first hole and a second hole adapted for one of the holes to insert the securing pin therethrough when the bucket is mounted thereto (see Annotated Figure 2).
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Annotated Figure 2
Regarding claim 3, Beaudoin discloses the bracket wherein the holes are located between the rear opening and the front opening (claim language is broad; the first and second hole are considered between the front and rear openings).
Regarding claim 8, Beaudoin discloses the bracket wherein the bracket comprises locking enclosures neighboring the front room and the rear room in-between the mounting edge, each one of the locking enclosures having an opening facing away to a most-distant one among the frontmost location and the rearmost location, each one of the locking enclosures comprising a wall section about its neighboring room adapted to be abutted by a blocking bar of the coupler, wherein, when a locking enclosure and its neighboring room are housing one of the mounting disks and the blocking bar, the bracket is gripped in-between (Fig 9E; locking enclosures 240 and 224 that neighbor the front and rear rooms with an opening facing away; wall sections 222 and 242 abut the bar 27; Figs 9A-9D).
Regarding claim 10, Beaudoin discloses the bracket wherein the at least one central arched wall consists in a single central arched wall (claim language is broad; Figs 9A-9F depict a single generally arched wall 233/235/238).
Regarding claim 12, Beaudoin discloses the bracket wherein the at least one central arched wall comprises two central arched walls (claim language is broad; Figs 6A-6B depict two generally arched walls 130 and 135).
Regarding claim 14, Beaudoin discloses the bracket wherein the at least one central room comprises two central rooms, the body further comprising a lug extending between the two central rooms, the lug extending away to the mounting edge (see Annotated Figure 3).
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Annotated Figure 3
Regarding claim 15, Beaudoin discloses the bracket wherein the abutting members have a non-cylindrical shape (see Annotated Figure 1; the abutting members are non-cylindrical).
Regarding claim 17, Beaudoin discloses a kit for an excavator having an articulated arm, the kit comprising:
a coupler adapted to mount to the articulated arm, the coupler comprising a first shaft with mounting disks secured thereto and a second shaft with abutting members mounted thereto (claim language is broad; Fig 4A; see Annotated Figure 1; coupler 20 with first shaft 22 with mounting disks and second shaft 26 with abutting members; the abutting members are mounted to the second shaft through the brackets);
an excavator bucket assembly comprising a bucket and brackets secured thereto, the brackets extending parallel to one another (bucket 10; bracket 100), each of the brackets comprising:
a body extending along a first plane between a frontmost position and a rearmost position, the body comprising a mounting edge adjoining the bracket to the bucket (Figs 5A-6B; bracket 100 with body 110; mounting edge of bracket mounts to bucket);
a rear recess located about the rearmost position, the rear recess comprising an arched rear wall defining a rear room, a rear opening providing access to the rear room, the rear opening being oriented substantially away from the frontmost position (Fig 6B; rear recess 140 has a generally arched rear wall that defines the rear room of the rear recess and is open to the rear);
a front recess located about the frontmost position, the front recess comprising an arched front wall defining a front room, a front opening providing access to the front room, the front opening being oriented substantially away from the rearmost position (Fig 6B; front recess 120 has a generally arched front wall that defines the front room of the front recess and is open to the front); and
a central recess comprising at least one central wall each defining a central room, each of the least one central wall having a central opening oriented substantially away the mounting edge (Fig 6B; central recess 130 with a wall that defines a central room of the central recess and is open away from the mounting edge),
wherein the brackets are adapted for any of the front room and the rear room to receive one of the mounting disks of the coupler, and for at least one of the at least one central room to receive one of the abutting members of the coupler whereby mounting the bucket to the coupler either frontwards or rearwards (Figs 7A-7D depict the front room receiving the mounting disks of the coupler and the central room receiving the abutting members of the coupler).
Regarding claim 18, Beaudoin discloses the kit wherein the coupler comprises a dispositive to lock coupling between the coupler and the brackets (see Annotated Figure 2; the securing pin is considered a dispositive in the same way as Applicant’s invention).
Regarding claim 19, Beaudoin discloses the kit wherein the dispositive is a safety pin (see Annotated Figure 2; the securing pin is considered a safety pin in the same way as Applicant’s invention).
Regarding claim 20, Beaudoin discloses the kit wherein mounting the brackets to the coupler requires to insert the disks into two of the non-central recesses before inserting the abutting components in some of the central recesses (Beaudoin is silent on the exact assembly method; however, based on Figs 9A-9D, the shaft 22 is inserted into one of the recesses and then the coupler is pivoted downward and the abutting components are inserted into the central recess and blocking bar 26 is tightened).
The claim language “insert the disks into two of the non-central recesses before inserting the abutting components in some of the central recesses” does not further define any of the specific structure of the kit that distinguishes it from the prior art. This claim limitation is directed to a product-by-process limitation. It is noted wherein the patentability of a product does not necessarily depend on its method of assembly. See MPEP section 2113 Product-by-Process, which states, if the product in the claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product could be assembled slightly differently. In the instant case, Beaudoin discloses the same claimed structure although it may not necessarily be assembled as claimed by inserting the disks before inserting the abutting components. As such, the claim is considered to be anticipated by Beaudoin as the same claimed structure has been taught.
Claim(s) 1, 5, 9-12, 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lim et al. (US 7014385).
Regarding claim 1, Lim discloses a bracket for reversibly mounting an excavation bucket on a coupler of an articulated arm, the coupler comprising a first shaft with mounting disks secured thereto and a second shaft with abutting members mounted thereto (Fig 3; coupler 200 with first shaft 220 and mounting disks 240; second shaft 208 with the abutting members being the outer portions of 208; col 7, lines 54-57), the bracket comprising:
a body extending along a first plane between a frontmost position and a rearmost position, the body comprising a mounting edge for adjoining the bracket to the excavation bucket (Fig 10; bracket 100 with body 110 and 120 with the mounting edge depicted in Fig 10 mounting the body to the bucket);
a rear recess located about the rearmost position, the rear recess comprising an arched rear wall defining a rear room, a rear opening providing access to the rear room, the rear opening being oriented substantially away from the frontmost position (Fig 10; rear recess 122a with an arched rear wall 122 which defines a rear room and rear opening);
a front recess located about the frontmost position, the front recess comprising an arched front wall defining a front room, a front opening providing access to the front room, the front opening being oriented substantially away from the rearmost position (Fig 10; front recess 112a with an arched front wall 112 which defines a front room and front opening);
a central recess comprising at least one central wall each defining a central room, each of the least one central wall having a central opening oriented substantially away the mounting edge (Fig 10; central recess 130 with central wall around the recess defining a central room and central opening oriented away from the mounting edge),
wherein the bracket is adapted for any of the front room and the rear room to receive one of the mounting disks of the coupler, and for at least one of the at least one central room to receive one of the abutting members of the coupler whereby mounting the bucket to the coupler either frontwards or rearwards (Fig 4; front room defined by 112 receives the mounting disks 240; Fig 8B; central room 130 receives abutting members 208).
Regarding claim 5, Lim discloses the bracket wherein at least one of the rear arched wall and the front arched wall extends over 120 degrees (claim language is broad; the claim does not specify the walls extend around an axis; see Annotated Figure 4; the walls appear to extend over 180 degrees).
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Annotated Figure 4
Regarding claim 9, Lim discloses the bracket wherein the abutting members have a cylindrical shape, and the at least one central wall comprises at least one central arched wall (Fig 5; abutting members 208 have a cylindrical shape).
Regarding claim 10, Lim discloses the bracket wherein the at least one central arched wall consists in a single central arched wall (see Annotated Figure 5).
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Annotated Figure 5
Regarding claim 11, Lim discloses the bracket wherein the central arched wall extends over 120 degrees (see Annotated Figure 5; the wall appears to extend over 180 degrees; claim language is broad).
Regarding claim 12, Lim discloses the bracket wherein the at least one central arched wall comprises two central arched walls (see Annotated Figure 6).
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Regarding claim 16, Lim discloses the bracket wherein the at least one central room comprises a front wall section, a bottom wall section and a rear wall section, a front join where the front wall section adjoins the bottom wall section, a rear join where the rear wall section joins the bottom wall section, wherein the bottom wall section is a non- straight wall section comprises an apex extending away from the mounting edge beyond a plane extending between the front join and the rear join (see Annotated Figure 5; Annotated Figure 5 depicts a single central arched wall that extends around an axis continuously; therefore, there would have to be front, bottom, and rear wall sections of this continuous wall; similarly, there would have to be front and rear joins connecting the wall sections of the continuous wall; the bottom wall section is non-straight with an apex extending away from the mounting edge similar to Applicant’s invention).
Regarding claim 17, Lim discloses a kit for an excavator having an articulated arm, the kit comprising:
a coupler adapted to mount to the articulated arm, the coupler comprising a first shaft with mounting disks secured thereto and a second shaft with abutting members mounted thereto (Fig 3; coupler 200 with first shaft 220 and mounting disks 240; second shaft 208 with the abutting members being the outer portions of 208; col 7, lines 54-57);
an excavator bucket assembly comprising a bucket and brackets secured thereto, the brackets extending parallel to one another (bucket 1; bracket 100), each of the brackets comprising:
a body extending along a first plane between a frontmost position and a rearmost position, the body comprising a mounting edge adjoining the bracket to the bucket (Fig 10; bracket 100 with body 110 and 120 with the mounting edge depicted in Fig 10 mounting the body to the bucket);
a rear recess located about the rearmost position, the rear recess comprising an arched rear wall defining a rear room, a rear opening providing access to the rear room, the rear opening being oriented substantially away from the frontmost position (Fig 10; rear recess 122a with an arched rear wall 122 which defines a rear room and rear opening);
a front recess located about the frontmost position, the front recess comprising an arched front wall defining a front room, a front opening providing access to the front room, the front opening being oriented substantially away from the rearmost position (Fig 10; front recess 112a with an arched front wall 112 which defines a front room and front opening); and
a central recess comprising at least one central wall each defining a central room, each of the least one central wall having a central opening oriented substantially away the mounting edge (Fig 10; central recess 130 with central wall around the recess defining a central room and central opening oriented away from the mounting edge),
wherein the brackets are adapted for any of the front room and the rear room to receive one of the mounting disks of the coupler, and for at least one of the at least one central room to receive one of the abutting members of the coupler whereby mounting the bucket to the coupler either frontwards or rearwards (Fig 4; front room defined by 112 receives the mounting disks 240; Fig 8B; central room 130 receives abutting members 208).
Regarding claim 18, Lim discloses the kit wherein the coupler comprises a dispositive to lock coupling between the coupler and the brackets (claim language is broad; lock 270 is spring loaded with 279c between the coupler and brackets).
Regarding claim 19, Lim discloses the kit wherein the dispositive is a safety pin (claim language is broad; lock 270 comprises lever 279b which is considered a safety pin).
Regarding claim 20, Lim discloses the kit wherein mounting the brackets to the coupler requires to insert the disks into two of the non-central recesses before inserting the abutting components in some of the central recesses (Fig 8A depicts 240 inserted into two of the non-central recess between the abutting components are inserted into the central recess).
The claim language “insert the disks into two of the non-central recesses before inserting the abutting components in some of the central recesses” does not further define any of the specific structure of the kit that distinguishes it from the prior art. This claim limitation is directed to a product-by-process limitation. It is noted wherein the patentability of a product does not necessarily depend on its method of assembly. See MPEP section 2113 Product-by-Process, which states, if the product in the claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product could be assembled slightly differently. In the instant case, Lim discloses the same claimed structure although it may not necessarily be assembled as claimed by inserting the disks before inserting the abutting components. As such, the claim is considered to be anticipated by Lim as the same claimed structure has been taught.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 5, 11, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beaudoin.
Regarding claim 5, Beaudoin fails to specifically disclose the bracket wherein at least one of the rear arched wall and the front arched wall extends over 120 degrees. However, both the front and rear arched walls of Beaudoin in Fig 6B appear to extend over 180 degrees.
For the sake of argument that Beaudoin does not expressly disclose that the rear arched wall or front arched wall extend over 120 degrees, it does disclose that the arched wall of 120 conforms to a part of the cylindrical surface so it can be adjusted in order to act as a hinge shaft receiver for shaft 22 (para [0061], lines 4-11). As a result of the wall extension angle controlling the fit against a corresponding shaft, the extension angle is considered to be a results effective variable in so far as the angle may be adjusted in order to conform to the shaft surface. Therefore, it would have been obvious for one having ordinary skill in the art at the time the invention was filed to optimize the angle to be over 120 degrees, as it has been held that the optimization of a results effective variable would have been obvious so as to achieve an optimum or workable range (MPEP 2144.05, Subsection II, B).
Regarding claim 11, Beaudoin discloses the bracket wherein the central arched wall extends over 120 degrees (claim language is broad; the claim does not specify the arched wall extend around any particular axis; Fig 6B depicts the arched wall extending over 180 degrees; see Annotated Figure 7).
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For the sake of argument that Beaudoin does not expressly disclose that the central arched wall extends over 120 degrees, it does disclose that the arched wall of 130 and 135 conforms to a part of the abutting member so it can be adjusted in order to receive the abutting member (para [0070], lines 11-18). As a result of the wall extension angle controlling the fit against the abutting member, the extension angle is considered to be a results effective variable in so far as the angle may be adjusted in order to conform to the abutting member. Therefore, it would have been obvious for one having ordinary skill in the art at the time the invention was filed to optimize the angle to be over 120 degrees, as it has been held that the optimization of a results effective variable would have been obvious so as to achieve an optimum or workable range (MPEP 2144.05, Subsection II, B).
Regarding claim 13, Beaudoin discloses the bracket wherein each one of the two central arched walls extends over 120 degrees (claim language is broad; the claim does not specify the arched wall extend around any particular axis; Fig 6B depicts the arched wall extending over 180 degrees; see Annotated Figure 7).
For the sake of argument that Beaudoin does not expressly disclose that the central arched walls extends over 120 degrees, it does disclose that the arched wall of 130 and 135 conforms to a part of the abutting member so it can be adjusted in order to receive the abutting member (para [0070], lines 11-18). As a result of the wall extension angle controlling the fit against the abutting member, the extension angle is considered to be a results effective variable in so far as the angle may be adjusted in order to conform to the abutting member. Therefore, it would have been obvious for one having ordinary skill in the art at the time the invention was filed to optimize the angle to be over 120 degrees, as it has been held that the optimization of a results effective variable would have been obvious so as to achieve an optimum or workable range (MPEP 2144.05, Subsection II, B).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim.
Regarding claim 6, Lim discloses the bracket wherein the rear arched wall extends around a first axis, the front arched wall extends around a second axis, and the at least one central wall is an arched wall that extends around a third axis, and wherein a straight line joins the first axis and the second axis (Fig 10 depicts the front, rear, and central arched walls each extending around an axis; connecting line l is a straight line that connects the front and rear axes).
Lim is silent on the third axis of the central wall being along the connecting line l; however, Fig 10 depicts the third axis being very close to the connecting line and could be considered being along the connecting line so that it is joined with the front and rear axes. For this reason, it would have been an obvious matter of design choice to a person having ordinary skill in the art at the time of filing to make third axis along the connecting line to join the three axes, as Applicant has not disclosed that it solves any stated problem of the prior art or is for any particular purpose. It appears that the invention would perform equally well as the invention disclosed by slightly adjusting the location of the third axis to be along the connecting line so long as the central recess 130 intersects the center of connecting line l (Lim, col 5, lines 6-9).
Regarding claim 7, Lim discloses the bracket wherein the rear arched wall extend around a first axis, the front arched wall extends around a second axis, and the at least one central wall is an arched wall that extends around a third axis, and wherein the third axis is distant to a straight line joining the first axis to the second axis of at most 20% of a distance between the first axis and the second axis (see Annotated Figure 8; the rear, front, and central arched walls extend around first, second, and third axes as depicted in Fig 5; the third axis is depicted a distance of at most 20% of the length between the first and second axes).
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For the sake of argument that Lim does not expressly disclose the third axis being at a distance of at most 20% of the distance between the first axis and second axis, it would have been an obvious matter of design choice to a person having ordinary skill in the art at the time of filing to make third axis at a distance of at most 20% of the distance between the first and second axis, as Applicant has not disclosed that it solves any stated problem of the prior art or is for any particular purpose. It appears that the invention would perform equally well as the invention disclosed by slightly adjusting the location of the third axis to be at a distance of at most 20% of the distance between the first and second axes so long as the third axis of recess 130 is on a line normal to the connecting line l that intersects the center of connecting line l (Lim, col 5, lines 1-9).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Doyle (US 20180002888) discloses a similar bracket and coupler assembly that allows for the mounting of the excavator bucket in multiple orientations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAKE SCOVILLE whose telephone number is (571)270-7654. The examiner can normally be reached M-F 10:30-6 (ET).
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 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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/BLAKE E SCOVILLE/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
