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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” “Some embodiments of the present disclosure may include,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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, 2, 10-13, 15-17, 20 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,041,529 A to Ruvang, (hereinafter "Ruvang '529").
As per claim 1, Ruvang '529 discloses a wear member (10, 18; The wear runner assembly 10 is of a very simple construction and includes an elongated rectangular metal weld base member 16 (see FIGS. 2, 3, 5 and 6); an elongated rectangular metal wear runner member 18 (see FIGS. 1-4); two bolts 20 (see FIG. 7); and two conical locking nuts 22 (see FIG. 8); Figs. 1-4; col. 3, lines 16-21) attachable to a base (12, 16; Figs. 1-3) of a material displacement apparatus (14; a specially designed bolt-on wear runner assembly 10 which is securable to a surface, such as a lower side surface 12 of a metal excavating bucket 14, to protect the surface 12 from earth abrasion wear during use of the excavating bucket 12; Figs. 1-3; col. 3, lines 3-7), comprising: a top wear surface (48; Figs. 2, 3); a bottom surface (top 64; Bottom side recess 60 has an inner side surface 62 in which are formed a pair of elongated depressions 64 each configured to complementarily receive one of the weld base member locator bosses 42; Fig. 3; col. 3, lines 48-51) opposite the top wear surface; a first lateral side (58; Figs. 1, 3, 4); a second lateral side (56; Figs. 1, 3, 4) opposite the first lateral side; a first rib (1a, 1b; Annotated Figure 1) projecting away from the bottom surface, wherein the first rib extends between the first lateral side and the second lateral side (Fig. 3), and wherein the first rib comprises: a first laterally facing surface (1c; Annotated Figure 1) configured to contact a corresponding laterally facing surface (1d; Annotated Figure 1) on the base (Figs. 3, 4; col. 3, lines 48-51); a first lower surface (1c; Annotated Figure 1) configured to contact and bear against a corresponding horizontal surface (24; the weld base member 16 has a pair of elongated upstanding locator boss portions 42 formed on its top side 24 and extending parallel to its length and positioned on opposite sides of its central opening 36 and its undercut slots 38; Figs. 1-4; col. 3, lines 30-34) on the base (Figs. 1-4; col. 3, lines 48-51); and an opening (68; A pair of circularly cross-sectioned openings 68 are formed through the wear runner member 18 between the depressions 64 at opposite ends of the wear indicator recess 66. As best illustrated in FIG. 2, each opening 68 has a relatively small diameter lower portion 68a extending upwardly from the inner side surface 62 of the bottom side recess 60, a diametrically enlarged upper portion 68b extending upwardly through the top side 48 of the wear runner member 18, and an annular, downwardly and inwardly sloped intermediate surface portion 68c positioned between the opening portions 68a,68b; Figs. 1, 2, 4; col. 3, lines 56-67) extending from the top wear surface to the first lower surface of the first rib (Figs. 1-4).
As per claim 2, Ruvang '529 discloses the wear member of claim 1, wherein the opening comprises a first ramp (68 is tapered inwards; Fig. 2).
As per claim 10, Ruvang '529 discloses the wear member of claim 1, further comprising a wall (50; Figs. 3, 4) projecting downward from the bottom surface, wherein the wall extends around at least a portion of a perimeter (60; Fig. 4) of the wear member.
As per claim 11, Ruvang '529 discloses a wear member (10, 18; The wear runner assembly 10 is of a very simple construction and includes an elongated rectangular metal weld base member 16 (see FIGS. 2, 3, 5 and 6); an elongated rectangular metal wear runner member 18 (see FIGS. 1-4); two bolts 20 (see FIG. 7); and two conical locking nuts 22 (see FIG. 8); Figs. 1-4; col. 3, lines 16-21) attachable to a base (12, 16; Figs. 1-3) of a material displacement apparatus (14; a specially designed bolt-on wear runner assembly 10 which is securable to a surface, such as a lower side surface 12 of a metal excavating bucket 14, to protect the surface 12 from earth abrasion wear during use of the excavating bucket 12; Figs. 1-3; col. 3, lines 3-7), comprising: a top wear surface (48; Figs. 2, 3); a bottom surface (top 64; Bottom side recess 60 has an inner side surface 62 in which are formed a pair of elongated depressions 64 each configured to complementarily receive one of the weld base member locator bosses 42; Fig. 3; col. 3, lines 48-51) opposite the top wear surface; an outer boundary (50; Fig. 4) defined by an outer perimeter edge (52, 54, 56, 58; Fig. 4); a laterally facing bearing surface (1c; Annotated Figure 1) disposed within the outer boundary (Figs. 3, 4) and facing toward the outer boundary (Figs. 3, 4), the laterally facing bearing surface structurally configured to bear against walls (1d; Annotated Figure 1) of the base (Figs. 3, 4; col. 3, lines 48-51); and a lock-recciving opening (68; A pair of circularly cross-sectioned openings 68 are formed through the wear runner member 18 between the depressions 64 at opposite ends of the wear indicator recess 66. As best illustrated in FIG. 2, each opening 68 has a relatively small diameter lower portion 68a extending upwardly from the inner side surface 62 of the bottom side recess 60, a diametrically enlarged upper portion 68b extending upwardly through the top side 48 of the wear runner member 18, and an annular, downwardly and inwardly sloped intermediate surface portion 68c positioned between the opening portions 68a,68b; the nuts 22 are tightened onto the upper ends of the bolt bodies 20a, which are downwardly recessed into the upper wear runner member opening portions 68b so that the conically tapered annular side surfaces 22a (see FIG. 8) of the nuts 22 firmly engage the complementarily shaped sloping annular surfaces in the wear runner member opening portions 68c. This operation removably positions the wear runner member 18 on the weld base member 16 in a manner shielding a portion of the surface 12 from abrasion wear; Figs. 1, 2, 4, 7, 8; col. 3, lines 56-67; col. 4, lines 26-34) extending from the top wear surface through the wear member (Figs. 1-4).
As per claim 12, Ruvang '529 discloses the wear member of claim 11, comprising a rib (1a, 1b; Annotated Figure 1) protruding from the bottom surface, the rib having a surface (le; Annotated Figure 1) substantially parallel to the bottom surface (Fig. 3) and configured to act as a bearing surface (via 24; the weld base member 16 has a pair of elongated upstanding locator boss portions 42 formed on its top side 24 and extending parallel to its length and positioned on opposite sides of its central opening 36 and its undercut slots 38; Figs. 1-4; col. 3, lines 30-34) on the base (Bottom side recess 60 has an inner side surface 62 in which are formed a pair of elongated depressions 64 each configured to complementarily receive one of the weld base member locator bosses 42; Fig. 3; col. 3, lines 48-51), the laterally facing bearing surface forming a side surface (1c; Annotated Figure 1) of the rib.
As per claim 13, as best understood, Ruvang '529 discloses the wear member of claim 12, wherein the rib extends between opposing sides (52/54; 56/58; Figs. 1-4) of the outer perimeter edge.
As per claim 15, Ruvang '529 discloses a wear member (10, 18; The wear runner assembly 10 is of a very simple construction and includes an elongated rectangular metal weld base member 16 (see FIGS. 2, 3, 5 and 6); an elongated rectangular metal wear runner member 18 (see FIGS. 1-4); two bolts 20 (see FIG. 7); and two conical locking nuts 22 (see FIG. 8); Figs. 1-4; col. 3, lines 16-21) attachable to a base (12, 16; Figs. 1-3) of a material displacement apparatus (14; a specially designed bolt-on wear runner assembly 10 which is securable to a surface, such as a lower side surface 12 of a metal excavating bucket 14, to protect the surface 12 from earth abrasion wear during use of the excavating bucket 12; Figs. 1-3; col. 3, lines 3-7), comprising: a top wear surface (48; Figs. 2, 3); a bottom surface (top 64; Bottom side recess 60 has an inner side surface 62 in which are formed a pair of elongated depressions 64 each configured to complementarily receive one of the weld base member locator bosses 42; Fig. 3; col. 3, lines 48-51) opposite the top wear surface; a first lateral side (58; Figs. 1, 3, 4); a second lateral side (56; Figs. 1, 3, 4) opposite the first lateral side; a first end (52; Figs. 1, 2, 4); a second end (54; Figs. 1, 2, 4) opposite the first end; a rib (la, 1b; Annotated Figure 1) projecting downward from the bottom surface, wherein the rib extends between the first lateral side and the second lateral side (Fig. 3), and wherein the rib comprises a lower surface (1e; Annotated Figure 1) configured to contact a corresponding horizontal surface (24; the weld base member 16 has a pair of elongated upstanding locator boss portions 42 formed on its top side 24 and extending parallel to its length and positioned on opposite sides of its central opening 36 and its undercut slots 38; Figs. 1-4; col. 3, lines 30-34) on the base; a wear member wall (50; Figs. 3, 4) extending downward from at least one of the first lateral side, the first end, the second lateral side, or the second end (Figs. 3, 4), wherein a first vertical surface (60; Figs. 3, 4) of the wear member wall is configured to contact a corresponding vertical surface (bottom/outer 16; Fig. 3) on the base (Figs. 3, 4; col. 3, lines 48-51); and an opening (68; A pair of circularly cross-sectioned openings 68 are formed through the wear runner member 18 between the depressions 64 at opposite ends of the wear indicator recess 66. As best illustrated in FIG. 2, each opening 68 has a relatively small diameter lower portion 68a extending upwardly from the inner side surface 62 of the bottom side recess 60, a diametrically enlarged upper portion 68b extending upwardly through the top side 48 of the wear runner member 18, and an annular, downwardly and inwardly sloped intermediate surface portion 68c positioned between the opening portions 68a,68b; Figs. 1, 2, 4; col. 3, lines 56-67) extending from the top wear surface to the lower surface of the rib (Figs. 1-4).
As per claim 16, Ruvang '529 discloses the wear member of claim 15, wherein the opening comprises a first tab (projection inwardly extending from bottom 68b and ending at 68a; Fig. 2) extending inward from an opening wall (inner 68b; Fig. 2) of the opening.
As per claim 17, Ruvang '529 discloses the wear member of claim 16, wherein a tab bottom surface of the first tab (bottom surface of the tab abutting 24; Fig. 2) is aligned with the lower surface of the rib (Figs. 1-4; col. 3, lines 48-51).
As per claim 20, Ruvang '529 discloses the wear member of claim 16, wherein the first tab comprises a tab top surface (tapered portion between bottom 68b and top 68a; Fig. 2), and wherein the tab top surface is angled upward from a tab outer surface (68a; Fig. 2) of the first tab to the opening wall.
As per claim 21, Ruvang '529 discloses the wear member of claim 15, further comprising a corner shelf (1f, 1g, 62; Annotated Figure 1) extending downward from a corner of the bottom surface (1h; Annotated Figure 1) and comprising: a second vertical surface (1f; Annotated Figure 1) configured to contact a corresponding vertical surface (li; Annotated Figure 1) on the base.
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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ruvang '529. Ruvang '529 discloses all the limitations of the claims as discussed above; and
Ruvang '529 discloses the wear member of claim 11. Ruvang '529 further discloses sidewalls (50; Fig. 4) defining the outer perimeter edge, the sidewalls having a height from the bottom surface (height defined between top 64 and bottom 50; Fig. 3) [equal to] a height (height of 16; Fig. 3) of the base (Bottom side recess 60 has an inner side surface 62 in which are formed a pair of elongated depressions 64 each configured to complementarily receive one of the weld base member locator bosses 42; Fig. 3; col. 3, lines 48-51).
Ruvang '529 does not directly show:
Claim 14: the sidewalls having a height from the bottom surface greater than a height of the base.
Ruvang '529 suggests a similar device having:
Claim 14: the sidewalls having a height from the bottom surface greater than a height of the base;
since a modification would involve a mere change in the size of a component. See MPEP 2144.04(IV)(A), quoting from Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
with a reasonable expectation of success for the purpose of preventing the top of the bosses from wearing or damaging the bottom surface of the wear member. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ruvang '529 as taught by Ruvang '529 and include Ruvang '529’s similar device having:
Claim 14: the sidewalls having a height from the bottom surface greater than a height of the base;
with a reasonable expectation of success for the purpose of preventing the top of the bosses from wearing or damaging the bottom surface of the wear member.
Claim(s) 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ruvang '529 in view of Ruvang, (hereinafter "Ruvang '390"). Ruvang '529 discloses all the limitations of the claims as discussed above; and
Claim 4: Ruvang '529 further discloses a first end (52; Figs. 1, 2, 4) extending between the first lateral side and the second lateral side; a second end (54; Figs. 1, 2, 4) opposite the first end and extending between the first lateral side and the second lateral side (Figs. 1, 3, 4);
Claim 5: Ruvang '529 further discloses the laterally facing surface (1c; Annotated Figure 1) configured to contact a corresponding laterally facing surface (1d; Annotated Figure 1) on the base (Figs. 3, 4; col. 3, lines 48-51); and the lower surface (1e; Annotated Figure 1) configured to contact a corresponding horizontal surface (24; the weld base member 16 has a pair of elongated upstanding locator boss portions 42 formed on its top side 24 and extending parallel to its length and positioned on opposite sides of its central opening 36 and its undercut slots 38; Figs. 1-4; col. 3, lines 30-34) on the base (Figs. 1-4; col. 3, lines 48-51);
Claim 8: the first lower surface (1e; Annotated Figure 1) of the first rib.
Ruvang '529 does not directly show:
Claim 4: the wear member, further comprising: a second rib projecting downward from the bottom surface, wherein the second rib extends from the first end to the second end.
Claim 5: the second rib comprises: a third laterally facing surface configured to contact a corresponding laterally facing surface on the base; and a second lower surface configured to contact a corresponding horizontal surface on the base;
Claim 6: the first rib and the second rib intersect at an intersection;
Claim 7: the opening is disposed at the intersection of the first rib and the second rib;
Claim 8: the first lower surface of the first rib and the second lower surface of the second rib are aligned in a common plane.
Ruvang '390 suggests a similar device having:
Claim 4: the wear member, further comprising: a second rib projecting downward from the bottom surface, wherein the second rib extends from the first end to the second end;
(Ruvang '390 discloses a wear member (36; Referring additionally now to FIGS. 6-8, an example of a cover 36 for the wear assembly 14 is representatively illustrated. The cover 36 is designed to wear during operation of the apparatus 10, and then to be conveniently replaceable when sufficiently worn; Figs. 1, 7-9; paragraph [0028]), further comprising: a second rib (inclined surfaces 44 (Figs. 7, 8) associated with 32 angled from lower/left 16 to upper/right 16 (Fig. 3); The cover 36 includes a generally planar surface 42 therein, which in some examples can contact the surface 30 of the base 16 for resisting loads applied normal to the attachment surface 18. The cover 36 also includes inclined surfaces 44 which slope downwardly from the surface 42. In this manner, the surfaces 42, 44 of the cover 36 are complementarily shaped relative to the respective surfaces 30, 32 of the base 16; Figs. 3, 7-9; paragraph [0031]) projecting downward from a bottom surface (42; Figs. 7, 9), wherein the second rib extends from a first end (top 16; Fig. 3) to a second end (bottom 16; Fig. 3). It would have been obvious to one of ordinary skill in the art, prior to the relevant date, to modify the system of Ruvang '529 to include the wear member, further comprising: a second rib projecting downward from the bottom surface, wherein the second rib extends from the first end to the second end, as taught by Ruvang '390)
Claim 5: the second rib comprises: a third surface (44; Figs. 7-9) configured to contact a corresponding surface (32; Figs. 3, 4) on a base (16; The cover 36 includes a generally planar surface 42 therein, which in some examples can contact the surface 30 of the base 16 for resisting loads applied normal to the attachment surface 18. The cover 36 also includes inclined surfaces 44 which slope downwardly from the surface 42. In this manner, the surfaces 42, 44 of the cover 36 are complementarily shaped relative to the respective surfaces 30, 32 of the base 16; Figs. 3, 7-9; paragraph [0031]). It would have been obvious to one of ordinary skill in the art, prior to the relevant date, to modify the system of Ruvang '529 to include the second rib comprises: a third surface configured to contact a corresponding surface on the base, as taught by Ruvang '390;
Claim 6: Ruvang '390 discloses a first rib (inclined surfaces 44 (Figs. 7, 8) associated with 32 angled from upper/left 16 to lower/right 16 (Fig. 3); The cover 36 includes a generally planar surface 42 therein, which in some examples can contact the surface 30 of the base 16 for resisting loads applied normal to the attachment surface 18. The cover 36 also includes inclined surfaces 44 which slope downwardly from the surface 42. In this manner, the surfaces 42, 44 of the cover 36 are complementarily shaped relative to the respective surfaces 30, 32 of the base 16; Figs. 3, 7-9; paragraph [0031]) and the second rib intersect at an intersection (22, 30; Fig. 3);
Claim 7: Ruvang '390 discloses an opening (46, 48; Another recess 46 and an opening 48 are provided in the cover 36 to receive a fastener 50 (see FIGS. 9-11) therein. Preferably, a head 52 of the fastener 50 is retained in the recess 46, and a threaded portion of the fastener extends through the opening 48 into threaded engagement with the nut 24; Figs. 7-9; paragraph [0032]) is disposed at the intersection of the first rib and the second rib (Figs. 3, 4, 7-9);
Claim 8: Ruvang '390 discloses a first surface (upper/left 32 of the first rib; Fig. 3) of the first rib and a second surface (lower/left 32 of the first rib; Fig. 3) of the second rib are aligned in a common plane. It would have been obvious to one of ordinary skill in the art, prior to the relevant date, to modify the system of Ruvang '529 to include a first surface of the first rib and a second surface of the second rib are aligned in a common plane, as taught by Ruvang '390, in order to resist loads applied laterally to the wear member (Ruvang '390, paragraph [0033]);
with a reasonable expectation of success for the purpose of (Claims 4/5/6) resisting loads applied laterally to the wear member (Ruvang '390, paragraph [0033]), (Claim 5) reducing rotational misalignment of the wear member relative to the base during heavy use, (Claim 7) reduce the amount of holes in the wear member, and/or (Claim 8) reducing assembly time. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ruvang '529 as taught by Ruvang '390 and include Ruvang '390’s similar device having:
Claim 4: the wear member, further comprising: a second rib projecting downward from the bottom surface, wherein the second rib extends from the first end to the second end;
Claim 5: the second rib comprises: a third laterally facing surface configured to contact a corresponding laterally facing surface on the base; and a second lower surface configured to contact a corresponding horizontal surface on the base;
Claim 6: the first rib and the second rib intersect at an intersection;
Claim 7: the opening is disposed at the intersection of the first rib and the second rib;
Claim 8: the first lower surface of the first rib and the second lower surface of the second rib are aligned in a common plane;
with a reasonable expectation of success for the purpose of (Claims 4/5/6) resisting loads applied laterally to the wear member, (Claim 5) reducing rotational misalignment of the wear member relative to the base during heavy use, (Claim 7) reduce the amount of holes in the wear member, and/or (Claim 8) reducing assembly time.
Allowable Subject Matter
Claims 3, 9, and 18 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 following is a statement of reasons for the indication of allowable subject matter:
Re. Claim 3:
The prior art does not teach or fairly suggest the wear member of claim 2, wherein a bottom of the first ramp is aligned with the first lower surface of the first rib. In the closest prior art, Ruvang '529 discloses the wear member, wherein a bottom of the first ramp is [angled relative to] the first lower surface of the first rib (68 is tapered inwards and is angled relative to 1e; Fig. 2; Annotated Figure 1). However, Ruvang '529 and the references of record fail to disclose a bottom of the first ramp is aligned with the first lower surface of the first rib. It would not have been obvious to one of ordinary skill in the art, prior to the relevant date, to have employed this system, because none of the references uncovered disclosed the nuances of the instant claim in a cumulative manner while still allowing for a plausible motivation to combine said references. While Ruvang '529 does disclose the wear member, there is no disclosure of a bottom of the first ramp is aligned with the first lower surface of the first rib. The references taken solely, or in combination, fail to include the required limitations, and modification of any complementary combination of the references of record would be impermissible and not provide any advantages over the present application.
Re. Claim 9:
The prior art does not teach or fairly suggest the wear member of claim 8, wherein the first lower surface of the first rib and the second lower surface of the second rib form a single lower surface. In the closest prior art, Ruvang '529 discloses the wear member, [comprising] the first lower surface (1c; Annotated Figure 1) of the first rib. In the second closest prior art, Ruvang '390 discloses the wear member, [comprising] a second lower surface of the second rib (inclined surfaces 44 associated with 32 of the second rib; The cover 36 includes a generally planar surface 42 therein, which in some examples can contact the surface 30 of the base 16 for resisting loads applied normal to the attachment surface 18. The cover 36 also includes inclined surfaces 44 which slope downwardly from the surface 42. In this manner, the surfaces 42, 44 of the cover 36 are complementarily shaped relative to the respective surfaces 30, 32 of the base 16; Figs. 3, 7-9; paragraph [0031]). However, Ruvang '529 and Ruvang '390 and the references of record fail to disclose the first lower surface of the first rib and the second lower surface of the second rib form a single lower surface. It would not have been obvious to one of ordinary skill in the art, prior to the relevant date, to have employed this system, because none of the references uncovered disclosed the nuances of the instant claim in a cumulative manner while still allowing for a plausible motivation to combine said references. The references taken solely, or in combination, fail to include the required limitations, and modification of any complementary combination of the references of record would be impermissible and not provide any advantages over the present application.
Re. Claims 18-19:
The prior art does not teach or fairly suggest the wear member of claim 17, wherein the opening comprises a second tab extending inward from the opening wall and radially spaced from the first tab. In the closest prior art, Ruvang '529 discloses the wear member, wherein the opening comprises [the first] tab (projection inwardly extending from bottom 68b and ending at 68a; Fig. 2). However, Ruvang '529 and the references of record fail to disclose the opening comprises a second tab extending inward from the opening wall and radially spaced from the first tab. It would not have been obvious to one of ordinary skill in the art, prior to the relevant date, to have employed this system, because none of the references uncovered disclosed the nuances of the instant claim in a cumulative manner while still allowing for a plausible motivation to combine said references. While Ruvang '529 does disclose the wear member, there is no disclosure of the opening comprises a second tab extending inward from the opening wall and radially spaced from the first tab. The references taken solely, or in combination, fail to include the required limitations, and modification of any complementary combination of the references of record would be impermissible and not provide any advantages over the present application. Claim 19 depends on Claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5241765 discloses a wear member 30 in FIG. 2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
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, Saul Rodriguez can be reached at (571) 272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Gerald McClain/Primary Examiner, Art Unit 3652
Prosecution Insights