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 .
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)(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, 8-10, 12-14, and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tan et al as part of US 20160176691 A1, hereinafter referred to as Tan.
Regarding Claim 1: Tan teaches of an apparatus, comprising:
a hook plate having an upper hook and a lower hook (Fig. 3, back side 88 comprises hooks 30 and lower hook assemblies supporting pockets 78),
the upper hook configured for hanging engagement over a work tool coupler top tube, and the lower hook configured for receiving a wedge of a work tool coupler wedge driver (Paragraph 22, hooks 30 hang over tube 38 of the coupler 28, and pockets 78 receive tip ends 68 from hydraulic cylinder 60);
and a wedge pocket plate affixed to the hook plate above the lower hook (Fig. 3, pockets 78 are shown to comprise a flat pocket plate affixed to the lower hook assemblies),
the wedge pocket plate having a wedge pocket corresponding to the hook plate (Fig. 3, pockets 78 are disposed on the flat pocket plates, one of which being associated with each of the lower hook assemblies),
the wedge pocket positioned above the lower hook (Fig. 3, pockets 78 are positioned above the lower hook assemblies),
the wedge pocket defining a passageway for allowing the wedge to pass through the wedge pocket and into the lower hook (Fig. 4, pockets 78 define a passageway for tip ends 68 to pass through and into their respective lower hook assemblies).
Regarding Claim 2: Tan teaches of the apparatus described in claim 1.
Tan further teaches of the apparatus further comprising a work tool having a back side configured for attachment to the work tool coupler (Fig. 1, the back side 88 of work tool 18 is configured to attach to the coupler 28);
and the hook plate affixed to the back side (2) Fig. 3, hooks 30 and lower hook assemblies are affixed to the back side 88 of work tool 18),
the hook plate extending from an upper end of the back side to a lower end of the back side (Fig. 3, the hooks 30 span above top 82 and the lower hook assemblies span below bottom 84).
Regarding Claim 3: Tan teaches of the apparatus described in claim 2.
Tan further teaches of the apparatus further comprising a rear work tool brace disposed along a lower end of the work tool, wherein a lower end of the hook plate terminates onto the rear work tool brace (Fig. 3, below the lower hook assemblies and bottom 84, it is shown that there is a plate where the lower hook assemblies terminate into).
Regarding Claim 4: Tan teaches of the apparatus described in claim 2.
Tan further teaches of the apparatus further comprising a support panel extending from the upper end of the back side of the work tool, wherein an upper end of each of the hook plate terminates into the support panel (Fig. 3, hooks 30 are shown to have a strut extending from the upper end of the back side 88, the rear side of the hooks 30 terminating in said struts).
Regarding Claim 8: Tan teaches of the apparatus described in claim 2.
Tan further teaches wherein the work tool coupler is affixed to a work machine and is configured for connecting the work machine to the work tool (Fig. 1-3, coupler 28 is affixed to machine 10 and configured to couple implement 18 to machine 10);
and wherein the work tool coupler top tube is disposed horizontally along an upper end of the work tool coupler (Fig. 2, coupler 28 comprises tube 38 disposed horizontally at the upper end),
the work tool coupler top tube configured for hanging engagement with the upper hook of the hook plate where the upper hook of the hook plate is configured to hang over the work tool coupler top tube (Fig. 2-3, hooks 30 are configured to hang over tube 38 when coupled together).
Regarding Claim 9: Tan teaches of the apparatus described in claim 8.
Tan further teaches wherein the work tool coupler wedge driver includes a wedge actuator operative to drive the wedge through the wedge pocket of the wedge pocket plate and into the lower hook of the hook plate (Fig. 2, hydraulic cylinders 60 drive the tip end 68 of wedge member 58 into pockets 78 of the lower hook assemblies).
Regarding Claim 10: Tan teaches of the apparatus described in claim 8.
Tan further teaches wherein the wedge includes a wedge tip at a lower end of the wedge operative for insertion through the wedge pocket of the wedge pocket plate and into the lower hook of the hook plate (Fig. 4, tip end 68 is disposed at the lower end of wedge member 58, which is inserted into pockets 78).
Regarding Claim 12: Tan teaches of the apparatus described in claim 1.
Tan further teaches wherein the work tool comprises a bucket (Paragraph 16, the tool 18 may comprise a bucket).
Regarding Claim 13: Tan teaches of the apparatus described in claim 8.
Tan further teaches wherein the work machine is a wheel-type work machine (Fig. 1, it is shown that the machine 10 comprises wheels).
Regarding Claim 14: Tan teaches of a work tool coupling system, comprising:
a work tool having a back side configured for attachment to a work machine (Fig. 1, the back side 88 of work tool 18 is configured to attach to the coupler 28);
one or more hook plates affixed to the back side, the one or more hook plates extending from an upper end of the back side to a lower end of the back side, each of the one or more hook plates having an upper hook and a lower hook (Fig. 3, back side 88 comprises hooks 30 and lower hook assemblies supporting pockets 78 affixed thereto);
a wedge pocket plate affixed to the back side, the wedge pocket plate having a wedge pocket corresponding to each of the one or more hook plates (Fig. 3, pockets 78 are shown to comprise a flat pocket plate affixed to the lower hook assemblies; pockets 78 are disposed on the flat pocket plates, one of which being associated with each of the lower hook assemblies);
a work tool coupler attached to a work machine (Fig. 1-3, coupler 28 is affixed to machine 10 and configured to couple implement 18 to machine 10), the work tool coupler having a work tool coupler top tube horizontally disposed along an upper end of a front side of the work tool coupler (Fig. 2, coupler 28 comprises tube 38 disposed horizontally at the upper end) and having a wedge driver and wedge corresponding to each of the one or more hook plates (Fig. 2, hydraulic cylinders 60 drive the tip end 68 of wedge member 58 into pockets 78 of the lower hook assemblies);
wherein the work tool is attached to the work tool coupler by hanging engagement of the upper hook of each of the one or more hook plates over the work tool coupler top tube (Fig. 2-3, hooks 30 are configured to hang over tube 38 when coupled together) and by insertion of a wedge though a wedge pocket and into a lower hook corresponding to each of the one or more hook plates (Fig. 4, tip end 68 is disposed at the lower end of wedge member 58, which is inserted into pockets 78).
Regarding Claim 17: Tan teaches of the apparatus described in claim 14.
Tan further teaches of the apparatus further comprising a rear work tool brace disposed along a lower end of the work tool, wherein a lower end of each of the one or more hook plates terminates onto the rear work tool brace (Fig. 3, below the lower hook assemblies and bottom 84, it is shown that there is a plate where the lower hook assemblies terminate into);
and a support panel extending from the upper end of the back side of the work tool, wherein an upper end of each of the one or more hook plates terminates into the support panel (Fig. 3, hooks 30 are shown to have a strut extending from the upper end of the back side 88, the rear side of the hooks 30 terminating in said struts).
Regarding Claim 18: Tan teaches of the apparatus described in claim 14.
Tan further teaches wherein the wedge driver of the wedge tool coupler includes a wedge actuator operative to drive a wedge through a corresponding wedge pocket of the wedge pocket plate and into a corresponding lower hook of a corresponding hook plate (Fig. 2, hydraulic cylinders 60 drive the tip end 68 of wedge member 58 into pockets 78 of the lower hook assemblies).
Regarding Claim 19: Tan teaches of a method of coupling a work tool with a work machine, comprising:
affixing one or more hook plates to a back side of the work tool, the one or more hook plates extending from an upper end of the back side to a lower end of the back side, each of the one or more hook plates having an upper hook and a lower hook (Fig. 3, back side 88 comprises hooks 30 and lower hook assemblies supporting pockets 78, where hooks 30 allow tube 38 of coupler 28 to couple tool 18 to machine 10; without hooks 30, coupling cannot occur);
affixing a wedge pocket plate to the back side of the work tool, the wedge pocket plate having a wedge pocket corresponding to each of the one or more hook plates (Fig. 3, pockets 78 are required to receive tip end 68; if the plates comprising pockets 78 are not affixed to tool 18, coupling cannot occur);
attaching a work tool coupler to the work machine, the work tool coupler having a work tool coupler top tube horizontally disposed along an upper end of a front side of the work tool coupler and having a wedge driver and wedge corresponding to each of the one or more hook plates (Fig. 2, coupler 28 comprises tube 38 disposed horizontally at the upper end corresponding to the hooks 30; hydraulic cylinders 60 drive the tip end 68 of wedge member 58 into pockets 78 of the lower hook assemblies);
moving the work tool coupler into engagement with the back side of the work tool such that the upper hook of each of the one or more hook plates hangs over the work tool coupler top tube and such that a wedge corresponding to each of the one or more hook plates is aligned over a corresponding wedge plate pocket (Fig. 2-3, hooks 30 are configured to hang over tube 38 when coupled together; Paragraph 22, the tip ends 68 must be withdrawn from pockets 78 in order for coupler 28 to be rotated away from tool 18, to create space to separate hooks 30 from tube 38, indicating that the coupler 28 must be rotated into position on hooks 30 to engage tip ends 68 into pockets 78);
and actuating the wedge driver to insert the wedge though the corresponding wedge plate pocket and into a lower hook of a corresponding hook plate (Fig. 4, tip end 68 is disposed at the lower end of wedge member 58, which is inserted into pockets 78 via actuation of hydraulic cylinder 60).
Regarding Claim 20: Tan teaches of the method described in claim 19.
Tan further teaches of the apparatus further comprising de-coupling the work tool from the work machine by actuating the wedge driver to withdraw the wedge from the corresponding wedge plate pocket and by moving the work tool coupler down and to disengage the upper hook of each of the one or more hook plates from the work tool coupler top tube (Paragraph 22, the tip ends 68 must be withdrawn from pockets 78 in order for coupler 28 to be rotated away from tool 18, to create space to separate hooks 30 from tube 38).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tan in view of Schumacher as part of US 7073972 B1, hereinafter referred to as Schumacher.
Regarding Claim 5: Tan teaches of the apparatus described in claim 1.
Tan does not teach of the hook plate including a surface roughness control area disposed on a back surface of the hook plate;
Schumacher teaches of an apparatus comprising a connecting plate (Schumacher: Fig. 2, plate portion 85 of conversion plate adaptor with locking system 10), wherein the connecting plate includes a surface roughness control area disposed on a back surface of the connecting plate, the surface roughness control area configured for improving connecting plate fatigue life (Schumacher: Fig. 6, serrated surfaces 90 are disposed on plate portion 85 between slotted upright member 100 and plate portion 85 to prevent slippage).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the disclosure of Tan to include the textured surfaces taught by Schumacher to reduce play between components, thus improving fatigue life of the components thereof (Schumacher: Fig. 6, serrated surfaces 90 are disposed on plate portion 85 between slotted upright member 100 and plate portion 85 to prevent slippage). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of improving fatigue life of the hook plate.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tan in view of Putz as part of US 20200270840 A1, hereinafter referred to as Putz.
Regarding Claim 12: Tan teaches of the method described in claim 9.
Tan does not specifically teach of a hydraulic pump or other hydraulic source included with the wedge actuator.
Putz teaches of an implement coupler, comprising a hydraulic cylinder involved in the coupling mechanism between a machine and an implement, wherein the coupling actuator includes a hydraulic pump operative to drive the (Putz: paragraph 15, the coupler is operated by hydraulic cylinder, which are activated by a hydraulic pump).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the unspecified hydraulic power source of Tan with the specific pump arrangement as taught by Putz. Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing a hydraulic pump to supply power to the wedge cylinder (MPEP 2143, Subsection I, B).
Allowable Subject Matter
Claims 6-7 and 15-16 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 claims 6 and 15, after a complete and thorough search of prior art, while wedge plates and hook plates were common in the art, no such examples were found wherein a hook plate passage was disposed on a forward side of the wedge pocket plate, providing a passageway for the hook plate to pass through the wedge pocket plate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Vering et al as part of US 20110020061 A1 teaches of an apparatus, comprising a hook plate having an upper hook and a lower hook, the upper hook configured for hanging engagement over a work tool coupler top tube, and the lower hook configured for receiving a wedge of a work tool coupler wedge driver, and a wedge pocket plate affixed to the hook plate above the lower hook, the wedge pocket plate having a wedge pocket corresponding to the hook plate, the wedge pocket positioned above the lower hook, the wedge pocket defining a passageway for allowing the wedge to pass through the wedge pocket and into the lower hook.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN ANTHONY BREGEL whose telephone number is (571)272-0922. The examiner can normally be reached 8:30-5:30 Eastern, M-F.
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 J 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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/EVAN A BREGEL/ Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/ Supervisory Patent Examiner, Art Unit 3671
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