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 .
DETAILED ACTION
Drawings
Figure 11 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Also see, paragraph [0090] of the specification. Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 16 is objected to because of the following informalities:
In claim 16, line 3, “positioning collar” should be --positioning a collar--.
Appropriate correction is required.
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.
Claims 1, 3, 16, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lapsley. Lapsley discloses (claim 1) a hydraulic cylinder for a work vehicle (industrial trucks), the hydraulic cylinder comprising a cylinder 10 extending between a first end and a second end, the cylinder including a retention member 22,24 positioned adjacent to the first end, the retention member 24 including a plurality of threaded openings (not numbered), a rod 16 slidingly disposed in the cylinder 10, and a scraper assembly 27,31,32,33,34,35 circumscribing the cylinder 10 and the rod 16, the scraper assembly comprising a collar 27,34,35 arranged at the first end of the cylinder 10, the collar 27,34,35 including a first face surface and a second face surface axially spaced from the first face surface, the collar 27,34,35 including a plurality of openings (not numbered) extending through the first face surface and the second face surface, a scraper ring 31,32,33 supported by the collar 27,34,35, and a plurality of fasteners 28 joining the collar 27,34,35 to the cylinder 10, each of the plurality of fasteners 28 extending through a corresponding one of the plurality of openings in the collar and engaging a corresponding one of the plurality of threaded openings in the retention member 22.
Regarding claim 3, Lapsley discloses that the collar 27,34,35 includes an outer surface and an annular inner surface radially spaced from the outer surface, the annular inner surface including an annular groove (between 35 and flange portion 34) that is receptive of the scraper ring 31,32,33.
Regarding claim 16, Lapsley discloses a method of assembling a scraper assembly 27,31,32,33,34,35 onto a hydraulic cylinder 10 for a work vehicle (industrial trucks), the method comprising positioning a collar 27,34,35 including a plurality of openings (not numbered) and a scraper ring 31,32,33 about a rod 16 at a first end of the hydraulic cylinder, rotating the collar 27,34,35 to align the plurality of openings in the collar with a plurality of opening elements formed in a retention member 22,24 mounted to the first end of the hydraulic cylinder, passing a fastener 28 through each of the plurality of openings in the collar into each of the plurality of opening elements in the retention member 22,24, and tightening the fastener 28 (col. 2, lines 39-59).
Regarding claim 20, Lapsley discloses that rotating the collar 27,34,35 includes aligning a plurality of elongated openings defining the plurality of openings in the collar with a plurality of threaded openings defining the plurality of openings in the retention member 22,24.
Claims 1, 10-13, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Applicant’s admitted prior art Fig. 11. Figure 11 discloses (claim 1) a hydraulic cylinder for a work vehicle, the hydraulic cylinder comprising a cylinder 330 extending between a first end 336 and a second end, the cylinder including a retention member 344 positioned adjacent to the first end, the retention member 344 including a plurality of threaded openings (not numbered), a rod 332 slidingly disposed in the cylinder 330, and a scraper assembly circumscribing the cylinder 330 and the rod 332, the scraper assembly comprising a collar 360 arranged at the first end of the cylinder 330, the collar 360 including a first face surface and a second face surface axially spaced from the first face surface, the collar 360 including a plurality of openings (not numbered) extending through the first face surface and the second face surface, a scraper ring (seals, not shown, paragraph [0091]) supported by the collar 360, and a plurality of fasteners 384 joining the collar 360 to the cylinder 330, each of the plurality of fasteners 360 extending through a corresponding one of the plurality of openings in the collar and engaging a corresponding one of the plurality of threaded openings in the retention member 344.
Regarding claim 10, Figure 11 discloses a hydraulic cylinder for a work vehicle, the hydraulic cylinder comprising a cylinder 330 extending between a first end 336 and a second end, a retention member 344 mounted at the first end of the cylinder, a rod 332 slidingly disposed in the cylinder 336, a sensor housing 374 mounted at the first end of the hydraulic cylinder, and a scraper assembly 360 circumscribing the cylinder 330 and the rod 332, the scraper assembly comprising, a collar 360 extending arranged at the first end of the cylinder, the collar 360 including a V-shaped notch portion 368 that extends about a portion of the sensor housing 374, and a scraper ring (seals, not shown, paragraph [0091]) mounted in the collar 378, the scraper ring engaging the rod 332.
Regarding claim 11, applicant’s admitted prior art Fig. 11 discloses that the collar 360 includes a first face surface, a second face surface axially spaced from the first face surface, and plurality of openings (not shown to accommodate fasteners 384) extending through the first face surface and the second face surface.
Regarding claim 12, applicant’s admitted prior art Fig. 11 discloses that the retention member 344 includes a plurality of threaded openings (not numbered).
Regarding claim 13, applicant’s admitted prior art Fig. 11 discloses a plurality of fasteners 384 joining the collar 360 to cylinder 330, each of the plurality of fasteners
384 extending through a corresponding one of the plurality of openings in the collar and engaging a corresponding one of the plurality of threaded openings in the retention member 344.
Regarding claim 16, applicant’s admitted prior art Fig. 11 discloses a method of assembling a scraper assembly onto a hydraulic cylinder 330 for a work vehicle, the method comprising: positioning collar 360 including a plurality of openings and a scraper ring (seals, not shown, paragraph [0091]) about a rod at a first end of the hydraulic cylinder; rotating the collar to align the plurality of openings in the collar 360 with a plurality of opening elements formed in a retention member 344 mounted to the first end of the hydraulic cylinder, passing a fastener 384 through each of the plurality of openings in the collar 360 into each of the plurality of opening elements in the retention member 344, and tightening the fastener 384.
Regarding claim 17, applicant’s admitted prior art Fig. 11 discloses that rotating the collar includes aligning a V- shaped notch portion 368 in the collar with a sensor housing 374 mounted at the first end of the hydraulic cylinder 330.
Regarding claim 18, applicant’s admitted prior art Fig. 11 discloses that positioning the collar includes placing a plate 378 on the collar 360.
Regarding claim 19, applicant’s admitted prior art Fig. 11 discloses that passing the fastener 384 through each of the plurality of openings in the collar includes first passing the fastener through an opening formed in the plate 378 arranged on the collar 360.
Regarding claim 20, applicant’s admitted prior art Fig. 11 discloses that rotating the collar 360 includes aligning a plurality of elongated openings defining the plurality of openings in the collar with a plurality of threaded openings defining the plurality of openings in the retention member 344.
Prior Art
Prior art made of record but not relied upon is considered pertinent to Applicant's disclosure for showing other hydraulic cylinders with scraper assemblies fastened.
Allowable Subject Matter
Claims 2, 4-9, 14, and 15 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. The improvement comprises that (claim 2) the collar includes a first collar portion and a second collar portion, the first collar portion including a first discontinuity and the second collar portion including a second discontinuity, wherein when mounted to the cylinder, the first discontinuity and the second discontinuity form a V-shaped notch section in the collar and (claims 8 and 14) each of the plurality of openings comprises an elongated opening.
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Thomas Lazo whose telephone number is (571) 272-4818. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor Nathaniel Wiehe, can be reached on (571) 272-8648. The fax phone number for this Group is (571) 273-8300.
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/THOMAS E LAZO/Primary Examiner,
Art Unit 3745
March 21, 2026