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 § 112
The following is a quotation of 35 U.S.C. 112(b):
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.
Claim 6 is 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 6 recites the limitation "the mating surface" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No.12, 3366, 245. This is a statutory double patenting rejection.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 2-3 and 5-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nov et al (US 6,571,684).
Re claim 2, Nov et al a disclose a connecting rod assembly comprising: a crosshead (20) to connect a rod (16) to a plunger, the crosshead (20) having one or more holes (48) extending through the crosshead (20); a knuckle cage (14) positioned within the crosshead (20) to extend through the one or more holes (48) of the crosshead (20), the knuckle cage (14) including a passage and a cutout (see Fig 3); a knuckle (18) positioned within the passage of the knuckle cage (14), the knuckle (18) having a mounting surface (see Fig 1), the mounting surface including a mating end to connect to the rod (16); a lubrication passage (76) extending between an outer portion of the knuckle cage (14) and the mounting surface (see Fig 1); a first lubrication aperture (66) formed in the crosshead (20); and a second lubrication aperture (76) positioned in the knuckle cage (14), the knuckle cage (14) being installed within the one or more holes (48) such that the first lubrication aperture (66) aligns with the second lubrication aperture (76) and the second lubrication aperture (76) directs a fluid toward a rotational surface of the knuckle cage (14).
Re claim 3, a third lubrication aperture (82) positioned in the knuckle (14), the third lubrication aperture (82) fluidly connected to a rotational surface of the knuckle (14); and one or more channels (78) extending through the knuckle (18), the one or more channels (78) positioned to direct a fluid to a lubrication port (79) on the mounting surface (see Fig 1).
Re claim 5, a connecting rod assembly, comprising: a crosshead (20) having an interior portion (see Fig 1), a hole (88) extending from a first end to a second end (see Fig 1), and a pair of platforms (44) positioned on opposite first and second sides of the hole (88); a knuckle cage (14) positioned within the hole (88) and extending from the first end to the second end and having a cage axis extending transverse to the pair of platforms (44), a pivot surface, and a recess positioned in the knuckle cage (14) and extending through a portion of the knuckle cage (14), thereby to provide access to the pivot surface of the knuckle cage (14) from a direction transverse to the cage axis (see Fig 1), the pivot surface at least partially defining at least a portion of a cage passage extending along the cage axis (see Fig 1); and a knuckle (18) positioned within the cage passage (see Fig 1), the knuckle (18) axially aligned with the cage axis such that the knuckle (18), responsive to a force, rotates about the cage passage during operation.
Re claim 7, one or more receiving apertures (96) positioned in the knuckle (18), the one or more receiving apertures (96) positioned transverse to the cage axis (see Fig 5), and wherein the one or more receiving apertures (96) receive one or more pins (92) to connect a connecting rod (16) to the knuckle (18).
Re claim 8, a pair of knuckle cage couplers (52, 52) secured to respective platforms (44) on the first and second sides of the hole (88), each of the knuckle cage couplers (52, 52) extending, at least partially, over the knuckle cage (14) to block axial movement of the knuckle cage (14) in at least two directions (see Fig 1).
Re claim 9, a lubrication passage (42) provides a lubricating fluid along the pivot surface of the knuckle cage (14).
Re claim 10, the recess (42) positioned in the knuckle cage (14) has a recess length that is less than a knuckle cage length (see Fig 5).
Re claim 11, one or more alignment apertures (96) positioned in the knuckle (18), the one or more alignment apertures (96) positioned transverse to the cage axis (see Fig 1), and wherein the one or more alignment apertures (96) receive one or more pins (92) associated with the knuckle (18).
Re claim 12, one or more fasteners (92) extending from the knuckle (18), the one or more fasteners (92) positioned perpendicular to the cage axis (see Fig 1), and wherein the one or more fasteners (92) engage one or more apertures (94) positioned in a connecting rod (16) to couple the connecting rod (16) to the knuckle (18).
Re claim 13, a method comprising: positioning a knuckle cage (14) within a crosshead (20); positioning a knuckle (18) within the knuckle cage (14); aligning a mating end of a rod (16) with a mounting surface of the knuckle (18); connecting the rod (16) to the knuckle (18); and aligning a first flow passage (66) extending through the crosshead (20) with a second flow passage (76) extending through the knuckle cage (14), to thereby provide a lubricating fluid through the first flow passage (66) and the second flow (76) passage during operation (see Fig 5).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nov et al (US 6,571,684).
Re claim 4, Nov et al disclose a connecting rod assembly, comprising: a crosshead (20) to connect a rod to a plunger; a knuckle cage (14) positioned within the crosshead (20), the knuckle cage (14) including a passage; (see Fig 1) and a knuckle (18) positioned within the passage of the knuckle cage (14), the knuckle (18) having a mounting surface (see Fig 1), the mounting surface including a mating end to connect to the connecting rod (16) at the mating end (see Fig 1).
Nov et al disclose the device as described above, but do not disclose at least a portion of the knuckle comprising a hardened material selected to resist wear.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to include a hardened material in order to reduce wear, since it is known to select a known material on the basis of its suitability.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4872395 connecting rod
US 20100242720 connecting rod
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/VICKY A JOHNSON/Primary Examiner, Art Unit 3617