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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 1-15 are objected to because of the following informalities:
Claim 1 recites the limitation “coupling means” on line 4 and “locking means” on line 5. Common claim language would be “a coupling means” and “a locking means” to properly introduce the coupling means. This correction is suggested.
Claims 2-15 recite the limitation “characterized in that” on line 1, respectively. Common claim language would be “wherein”. This correction is suggested.
Claim 4 recites the limitations “either claim 2” on line 1. This seems to be a typo and “either” should be removed.
Claim 8 recites the limitations “the one hand” on lines 2-3 and “the other hand” on line 4. The more common phrasing in the art for these limitations would be “one side” and “the other side”, respectively. This correction is suggested.
Claim 9 recites the limitations “the or each spring” on line 1. The more common phrasing in the art for this limitation would be “each of the one or more springs”. This change is suggested.
Claim 10 recites the limitations “the or each upper branch (105)” on lines 4-5 and “the or each lower branch (106)” on line 5. The more common phrasing in the art for these limitations would be “each of the one or more upper branches (105)” and “each of the one or more lower branches (106)”, respectively. This change is suggested.
Claim Interpretation
The limitation “in particular” is used throughout the claims. Some of these uses cause the claim to be unclear and are thus detailed in the section “Claim Rejections - 35 USC § 112” below. The remaining uses of the limitation are as follows:
Claim 1 on line 7
Claim 2 on line 2
Claim 7 on lines 2 and 4
Claim 8 on line 3
Claim 10 on line 7
Claim 12 on line 2
The uses of “in particular” in these sections are used to further limit the system in a way that does not conflict with the other limitations of the claim. Thus, for the purposes of examination, the limitations that follow each use of “in particular” in the sections indicated above are treated as further limiting the system and not exemplary uses.
Claim Rejections - 35 USC § 112
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 1-16 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 1 recites the limitation “a coupler, or quick-release fastener (1)” on lines 1-2. The claim later recites both “the coupler” on lines 7 and 13 and “the quick-release faster” on line 4. Because of the use of the word “or” present in the recited limitation, it is implied that the coupler and the quick-release fastener are separate options for the device but the language used in the claim refers to one or the other. This causes confusion as to what exactly is being described in the claim and thus the limitations are unclear.
Claim 1 further recites the limitation “the coupling” on line 5. There is insufficient antecedent basis for this limitation in the claim. While a coupling means is introduced on line 4, it is unclear whether this is the same coupling means or related to the coupler introduced in line 1.
Claim 1 further recites the limitation “intended” on lines 2-5, “such as” on lines 2 and 4, and “preferably” on line 6. These limitations render the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In light of the 112(b) issues above, the intended purpose of the limitations in the claims is unclear. For the purposes of examination, the claim is being interpretated as:
“A device forming a coupler comprising a quick-release fastener (1), a connection device (2), a coupling means to couple the quick-release fastener (1) to the connection device (2), and a locking means intended to lock the coupling means; the connection device (2) comprising at least one trunnion (5) which are in particular parallel with one another; the coupler comprising a base body in which a rear receiving cavity (300) for at least one of the trunnions is defined, a lever (103) being mounted such that it moves between a closed position in which it holds at least one of the trunnions in the rear receiving cavity (300) and an open position in which it does not hold any of the one or more trunnions (5), the locking means being arranged such that they block the lever (103) in the closed position, characterised in that a rear plate (500) forming a stop is mounted on a rear end of the coupler such that, in the closed position of the lever (103), part of the lever abuts against the rear plate (500).”
Claims 2-16, which are dependent on claim 1, inherit the limitations detailed above and are thus likewise indefinite.
Claim 2, in addition to the 112(b) issues inherited from claim 1 detailed above, further recites the limitation “the locked position” on lines 4-5. There is insufficient antecedent basis for this limitation in the claim. While a closed position is introduced in claim 1 on line 9, it is unclear whether this is the same position. Thus, the claim is rendered indefinite.
Claims 3-5 and 11-12, which are dependent on claim 2, inherit the limitation detailed above and are thus likewise indefinite.
Claim 7, in addition to the 112(b) issues inherited from claim 1 detailed above, further recites the limitation “locking means” on line 3. There is insufficient antecedent basis for this limitation in the claim. While a locking means is introduced in claim 1 on line 5, it is unclear whether this is the same locking means or a new one. Thus, the claim is rendered indefinite.
Claim 7 further recites the limitation “the blocked state” on line 5. There is insufficient antecedent basis for this limitation in the claim. Thus, the claim is rendered indefinite.
Claim 8, in addition to the 112(b) issues inherited from claim 1 detailed above, further recites the limitation "in particular two springs" on line 2. This renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). While the limitation “in particular” is also used on line 3, this use of the phrase is not indefinite as it does not conflict with other limitations in the claim and instead further limits the attachment location of the spring. See claim interpretation section above.
Claim 9, which is dependent on claim 8, inherits the limitation detailed above and is thus likewise indefinite.
Claim 10, in addition to the 112(b) issues inherited from claim 1 detailed above, further recites the limitation " in particular two left and right lateral upper branches" on lines 2-3 and “in particular two left and right lateral lower branches” on lines 3-4. This renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 10 further recites the limitation “the trunnion (5)” on line 8. Claim 1 recites the limitation “at least one trunnion” which implies the possibility of more than one trunnion. Because claim 10 does not make reference of a particular trunnion, it is unclear which of the potential plurality of trunnions is being referenced and thus the claim is rendered indefinite. For the purposes of examination, the limitations are being interpreted as “at least one of the one or more trunnions (5)”.
Claim 10 further recites the limitation “the lug (502)” on line 8. There is insufficient antecedent basis for this limitation in the claim. While a lug is introduced in claim 2, claim 10 is not dependent on claim 2. Thus, the claim is rendered indefinite.
Claim 11, in addition to the 112(b) issues inherited from claim 1 detailed above, further recites the limitation “and thus a lower weight” on line 3. The claim provides the limitations of the front part having smaller dimensions than the rear part. However, the dimensions being smaller does not necessarily mean that the front part always has a lower weight. For example, the front and rear part could be made of differing materials with different densities. Thus, the limitations of the front part weighing less than the rear part solely based on its dimensions renders the claim indefinite. For purposes of examination, the limitation is being interpreted as “the front part having smaller dimensions and a lower weight than the rear part”.
Claim 11 further recites the limitation “tends to” on line 4. This renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 14, in addition to the 112(b) issues inherited from claim 1 detailed above, further recites the limitation “in particular two left and right lateral front hooks” on lines 2-3. This renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 15, which is dependent on claim 14, inherits the limitation detailed above and is thus likewise indefinite.
Claim 16, in addition to the 112(b) issues inherited from claim 1 detailed above, further recites the limitation “in particular a lifting arm” on lines 1-2 and “in particular a bucket (3)” on line 2. These limitations render the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 3, in addition to the 112(b) issues inherited from claim 2 detailed above, recites the limitation “characterized in that the lug (502) is mounted such that it pivots in relation to the lever (103)” on lines 1-2. Claim 2, on which claim 3 is dependent, recites the limitation “a lug (502), in particular mounted such that it pivots in relation to the lever (103)”. These two limitations are substantially the same and thus the recitation in claim 3 fails to further limit claim 2. Because this is the only limitation present in claim 3, the claim fails to further limit the system and thus is rejected.
Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements. It is suggested that the claim is either canceled as its limitation is already present in claim 2 or that claim 2 and claim 3 are amended to remove the overlap between the limitation.
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.
(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, 6, 10, and 13-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Pisco et al. (US 6254331), hereinafter Pisco.
Regarding claim 1, as best understood based on the 35 U.S.C. 112(b) issues identified above, Pisco teaches
A device forming a coupler comprising a coupler (Column 1, lines 7-9, This invention relates to a coupler for connecting a bucket, a breaker, a compactor or some other attachment to the free end of a boom or working arm or the like on a piece of work equipment, such as a backhoe, etc.),
or quick-release fastener (1) (Figure 1, coupler 10; Column 1, lines 32-36, There is a need for an easier-to-use coupler that allows a quick and automatic coupling of the attachment to the coupler without anyone having to insert lock pins through aligned openings. A principal object of the invention is to provide such an improved coupler),
which is intended to be attached to a construction machine (Figure 1, boom 12; Column 3, lines 66-67, FIG. 1 shows a coupler 10 connected to the free end of a boom 12),
such as a mechanical shovel (Column 1, lines 8-9, free end of a boom or working arm or the like on a piece of work equipment, such as a backhoe, etc.),
a connection device (2), which is intended to be attached to a tool, such as a bucket (3) (Figure 1, side plates 100 and 102; Column 5, lines 40-46, The coupler 10 cooperates with structure on an attachment for coupling the attachment to the arm 12. By way of typical and therefore non-limiting example, the attachment 94 may be a bucket. In any event, the attachment 94 includes a pair of coupler pins 96, 98. The coupler pins 96, 98 may be attached at their ends to a pair of laterally spaced apart 45 side plates 100, 102 that are connected to and project upwardly from the attachment 94),
coupling means intended to couple the quick-release fastener (1) to the connection device (2) (Figure 1, side hooks 44 and 46; Figure 2, central hook member 52; See figure 2; Column 5, lines 58-59, FIG. 2 shows the coupler 10 being connected to the attachment 94)
and locking means intended to lock the coupling (Figure 7, lock arm 66; Column 5, lines 4-6, When in this position, the hook arm 66 locks the front end hook structure 5 in its up position);
the connection device (2) comprising
at least one trunnion (5), preferably two trunnions (Figure 1, coupler pins 96 and 98; Column 5, lines 47-50, Coupler pin 96 is receivable within the hook throat 48, 50 of the rear end hook structure. Coupler pin 98 is receivable within the hook throat 54 of the front end hook structure 52),
which are in particular parallel with one another (Figure 1, see coupler pins 96 and 98);
the coupler comprising
a base body (Figure 1, see bottom plate 40, side hook 44, central hook member 52, and pivot pin 42; Column 4, lines 14-16, coupler 10 comprises a frame composed of a pair of opposite side plates 34, 36 and a bottom plate 40; Column 4, lines 24-29, below the bottom plate 40 there is a rear end hook structure that is connected to the plate 40. Rear end hook structure includes a rearwardly opening rear hook throat. Below bottom plate 40, there is also a front end hook structure having a front hook throat end and a opposite pivot end)
in which a rear receiving cavity (300) for the or one of the trunnions is defined (Figure 2, see hook throat 54 and coupler pin 98; Column 5, lines 49-50, Coupler pin 98 is receivable within the hook throat 54 of the front end hook structure 52; For purposes of comparison, the "front end "of reference patent is being treated as "rear" described in limitations),
a lever (103) (Figure 1, Front hook member 52; Column 4, lines 51-52, Front hook member 52 includes an upwardly projecting hook tine 60)
being mounted such that it moves between a closed position in which it holds the trunnion (5) or one of the trunnions in the rear receiving cavity (300) (Figure 3, see front hook member 52, hook tine 60, hook throat 54, and coupler pin 98)
an open position in which it does not hold the trunnion (5) (Figure 2, see front hook member 52, hook tine 60, hook throat 54, and coupler pin 98),
the locking means being arranged such that they block the lever (103) in the closed position, characterised in that a rear plate (500) forming a stop is mounted on a rear end of the coupler such that, in the closed position of the lever (103), part of the lever abuts against the rear plate (500) (Figure 7, see front hook member 52, hook tine 60, and lock arm 66; Column 6, lines 15-17, the rounded upper end of hook tine 60 contacts the lock arm 66 as tine 60 moves upwardly and it cams the lock arm 66 rearwardly; The lock arm 66 is equivalent to the rear plate 500).
Regarding claim 6, as best understood based on the 35 U.S.C. 112(b) issue identified above, in addition to the teachings above for claim 1, Pisco further teaches
characterised in that the lever (103) is mounted such that it pivots in relation to a rotating axle (104) (Figures 2 and 7, see front hook member 52 and pivot pin 42; Column 4, lines 39-43, The front hook structure comprises a single central hook member 52 that is connected at its rear end to the pin 42, or is connected at its rear end to pivot around the pivot pin 42).
Regarding claim 10, as best understood based on the 35 U.S.C. 112(b) issue identified above, in addition to the teachings above for claim 6, Pisco further teaches
characterised in that the lever (103) comprises at least one upper branch (105) (Figure 2, see upper side of hook throat 54 and upper side of U-shaped side member 56; Column 4, lines 49-51, U-shaped side members 56, 58 may be secured to the opposite sides of the front hook member 52, so as to widen the hook throat 54),
in particular two left and right lateral upper branches (Figure 1, see upper side of U-shaped side members 58 and 56),
and at least one lower branch (106) (Figure 2, see lower side of hook throat 54 and lower side of U-shaped side member 56; Column 4, lines 49-51, U-shaped side members 56, 58 may be secured to the opposite sides of the front hook member 52, so as to widen the hook throat 54),
in particular two left and right lateral lower branches (Figure 1, see lower side of U-shaped side members 58 and 56),
which extend towards the rear from the axle (104) of the lever (Figure 2, see upper and lower side of hook throat 54 and U-shaped side member 56 and pivot pin 42),
the or each upper branch (105) extending further towards the rear than the or each lower branch (106) (Figure 2, see upper and lower side of hook throat 54 and U-shaped side member 56; It is clear in the image that the upper side of hook throat 54 and U-shaped member 56 is longer than the lower side of hook throat 54 and U-shaped member 56, respectively, and thus reaches further toward the rear end of the system),
each pair of lower and upper branches, left and right respectively, defining a respective C-shaped cavity (Figure 2, see shape formed by upper and lower parts of hook throat 54 and U-shaped member 56, respectively),
in particular with an opening facing rearwards (Figure 2, see direction of hook throat 54 and U-shaped member 56),
in which the trunnion (5) is received in the closed position (Figure 3, see hook throat 54 and U-shaped member 56 (element number not printed) and coupler pin 98),
the lug (502) being mounted in the region of the rear end of the upper rear branch or the rear ends of the upper rear branches (Figure 2, see upper side of hook throat 54, upper side of U-shaped member 56, and hook tine 60).
For better clarity regarding these references, an annotated image of figures 2 and 3 of Pisco showing the selected front, rear, upper, and lower portions of the drawing.
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Regarding claim 13, as best understood based on the 35 U.S.C. 112(b) issue identified above, in addition to the teachings above for claim 1, Pisco further teaches
characterised in that the rear receiving cavity (300) is open towards the bottom (Figure 2, see direction of opening of hook throat 54). See annotated image above for reference for lower, or bottom, direction.
Regarding claim 14, as best understood based on the 35 U.S.C. 112(b) issue identified above, in addition to the teachings above for claim 1, Pisco further teaches
characterised in that the coupling means comprise at least one front hook (7), in particular two left and right lateral front hooks (Figure 1, side hooks 44 and 46; Column 4, lines 37-40, the rear end hook structure comprises a pair of side hooks 44, 46, each having a generally rearwardly directed hook throat 48, 50),
protruding from the front of the base body (Figure 1, see side hooks 44 and 46 and bottom plate 40)
and the connection device (2) comprises two trunnions (5, 6) (Figure 1, coupler pins 96 and 98; Column 5, lines 47-50, Coupler pin 96 is receivable within the hook throat 48, 50 of the rear end hook structure. Coupler pin 98 is receivable within the hook throat 54 of the front end hook structure 52),
one of which is intended to be received in the rear receiving cavity (300) (Figure 1, see hook throat 54 and coupler pin 98)
and the other in a front receiving cavity (200) or cavities defined by the front hook (7) or hooks (Figure 1, see hook throats 48 and 50 and coupler pin 96).
For better clarity regarding these references, an annotated image of figure 1 of Pisco showing the selected front and rear portions of the drawing.
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Regarding claim 15, as best understood based on the 35 U.S.C. 112(b) issue identified above, in addition to the teachings above for claim 14, Pisco further teaches
characterised in that the coupler, or quick-release fastener (1), comprises a base plate from which two lateral flanks (102) protrude downwards (Figure 1, see center of side hooks 44 and 46 and bottom plate 40; Column 4, lines 24-25, below the bottom plate 40 there is a rear end hook structure that is connected to the plate 40; Column 4, lines 37-38, the rear end hook structure comprises a pair of side hooks 44, 46),
each flank terminating on the front side in a respective hook (7) (Figure 1, see side hooks 44 and 46; Column 4, lines 37-39, the rear end hook structure comprises a pair of side hooks 44, 46, each having a generally rearwardly directed hook throat 48, 50).
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by McCormack et al. (US 20220042274), hereinafter McCormack.
Regarding claim 1, as best understood based on the 35 U.S.C. 112(b) issue identified above, McCormack teaches
A device forming a coupler comprising a coupler, or quick-release fastener (1) (Figure 7, quick hitch coupler 1; Paragraph 0069, a quick hitch coupler according to the invention and indicated generally by the reference numeral 1 releasably hitches an attachment in the form of a bucket 2 to the dipper arm 3),
which is intended to be attached to a construction machine, such as a mechanical shovel (Figure 7, dipper arm 3; Paragraph 0069, a quick hitch coupler according to the invention and indicated generally by the reference numeral 1 releasably hitches an attachment in the form of a bucket 2 to the dipper arm 3; Paragraph 0069, The dipper arm is typically connected to a working machine such as an excavator/digger by a boom arm operated by boom operating rams),
a connection device (2), which is intended to be attached to a tool, such as a bucket (3) (Figure 7, bucket 2; Paragraph 0069, a quick hitch coupler according to the invention and indicated generally by the reference numeral 1 releasably hitches an attachment in the form of a bucket 2 to the dipper arm 3),
coupling means intended to couple the quick-release fastener (1) to the connection device (2) (Figure 7, coupling pins 10 and 11; Paragraph 0071, A pair of coupling pins, namely, a first coupling pin 10 and a second coupling pin 11 are provided on the bucket 2, or indeed, on any other attachment to be connected to the dipper arm 3 for engagement with the quick hitch coupler 1 as will be described below)
and locking means intended to lock the coupling (Figure 3, coupler ram 50; Paragraph 0082, A drive means of the quick hitch coupler 1 comprising a hydraulically operated double acting ram 50 acts between the movable engagement jaws 40 and the latch 30 for urging the movable engagement jaw 40 between the engaged and disengaged states);
the connection device (2) comprising
at least one trunnion (5), preferably two trunnions (Figure 7, coupling pins 10 and 11; Paragraph 0071, A pair of coupling pins, namely, a first coupling pin 10 and a second coupling pin 11 are provided on the bucket 2, or indeed, on any other attachment to be connected to the dipper arm 3 for engagement with the quick hitch coupler 1 as will be described below),
which are in particular parallel with one another (Figure 7, see coupling pins 10 and 11);
the coupler comprising
a base body (Figure 1, body member 12; Paragraph 0072, The quick hitch coupler 1 of the invention comprises a body member 12 formed by a pair of spaced apart side plates 13 of steel and a transversely extending connector plate 14)
in which a rear receiving cavity (300) for the or one of the trunnions is defined (Figure 2, open mouth 44; Paragraph 0079, A pair of movable engaging jaws 40 are provided by a movable engagement member 41 is slidably carried in the body member 12; Paragraph 0080, The jaws 40 extending from the movable engagement member 41 define an open mouth 44 for accommodating the second coupling pin 11 into and between the jaws 40),
a lever (103) (Figure 3, movable engaging jaws 40; Paragraph 0079, A pair of movable engaging jaws 40 are provided by a movable engagement member 41 is slidably carried in the body member 12)
being mounted such that it moves between a closed position in which it holds the trunnion (5) or one of the trunnions in the rear receiving cavity (300) (Figure 2, see movable engaging jaws 40; Figure 6, see movable engaging jaws 40 and coupling pin 11; Paragraph 0079, By virtue of movement of the movable engagement member 41 the engaging jaws 40 are slidable between an engaged state illustrated in FIGS. 2 to 4 and FIGS. 6 to 8 for engaging the second coupling pin 11 of the bucket 2)
an open position in which it does not hold the trunnion (5) (Figure 5, see movable engaging jaws; Paragraph 0079, and a disengaged state illustrated in FIG. 5 for disengaging the second coupling pin 11 for releasing the bucket 2 from the coupler 1),
the locking means being arranged such that they block the lever (103) in the closed position (Figure 3, see movable engaging jaws 40, coupler ram 50, and piston rod 52; Paragraph 0082, A drive means of the quick hitch coupler 1 comprising a hydraulically operated double acting ram 50 acts between the movable engagement jaws 40 and the latch 30 for urging the movable engagement jaw 40 between the engaged and disengaged states ... The coupler ram 50 comprises a ram housing 51 and a piston rod 52 extending from the ram housing 51),
characterised in that a rear plate (500) forming a stop is mounted on a rear end of the coupler (Figure 3, see endstop 64 and quick hitch coupler 1; Paragraph 0089, In this arrangement the endstop 64 and the rails 63 remain stationary while the movable engagement jaw 40 (by means of brackets 48) and the release block 61 are also slidable back and forth along the rails 63)
such that, in the closed position of the lever (103), part of the lever abuts against the rear plate (500) (Figure 3, see endstop, movable engagement jaw 40, and bracket 48; Paragraph 0089, In this arrangement the endstop 64 and the rails 63 remain stationary while the movable engagement jaw 40 (by means of brackets 48) and the release block 61 are also slidable back and forth along the rails 63).
Of note is the lever (103) recited in the limitations. A lever is a known feature within the art such that it consists of at least a beam pivoting about a fulcrum point. However, the claim does not provide any structural limitation regarding this pivoting capabilities. Furthermore, the limitations regarding what needs to be accomplished by the lever can be done without the need for pivoting, as taught by McCormack. In addition, the specifications of the present application states “Preferably, the lever is mounted such that it pivots” in paragraph 0010. Thus, it is implied that the lever can be mounted such that is does not pivot. Because claim 1 does not specifically recite the limitation that the lever pivots nor do other limitations in the claim require the capability for the lever to pivot, McCormack fully teaches all claim 1 limitations.
Regarding claim 7, in addition to the teaching above for claim 1, McCormack further teaches
characterised in that the lever (103) is mounted such that it is mobile in translation (Paragraph 0079, Guide tracks 42 mounted on opposite sides of the movable engagement member 41 slidably engage corresponding guide grooves on the respective inside walls of the side plates 13. This track and groove arrangement is for guiding the movable engagement member 41 and thus the fixed jaws 40 between the engaged and disengaged states with rectilinear motion (fixed jaws 40 is a typo as indicated by every other reference to element number 40 being movable engaging jaws)),
in particular in the horizontal direction from the front side to the rear side (Figure 3, see movable engagement jaws 40; It is implied that the left side of the coupler can be the rear side and the right side can be the front side),
locking means being arranged such that they push the lever (103) in a translation movement to move it into a closed position, in particular to the blocked state (Figure 3, see coupler ram 50 and movable engagement jaws 40; Paragraph 0082, A drive means of the quick hitch coupler 1 comprising a hydraulically operated double acting ram 50 acts between the movable engagement jaws 40 and the latch 30 for urging the movable engagement jaw 40 between the engaged and disengaged states).
Claims 1, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Sulzer et al. (US 20160289914), hereinafter Sulzer.
Regarding claim 1, as best understood based on the 35 U.S.C. 112(b) issue identified above, Sulzer teaches
A device forming a coupler (Paragraph 0001, The present disclosure relates to a coupler assembly of a work machine, and in particular, a coupler assembly including a plurality of locking mechanisms for releasably coupling a work tool to a work machine)
comprising a coupler, or quick-release fastener (1) (Figure 2, coupler assembly 210; Paragraph 0001, The present disclosure relates to a coupler assembly of a work machine, and in particular, a coupler assembly including a plurality of locking mechanisms for releasably coupling a work tool to a work machine),
which is intended to be attached to a construction machine, such as a mechanical shovel (Figure 2, work machine 200; Paragraph 0001, The present disclosure relates to a coupler assembly of a work machine),
a connection device (2), which is intended to be attached to a tool, such as a bucket (3) (Figure 2, work tool 202; Paragraph 0043, a work tool 202 such as a bucket may be removably coupled to the coupler assembly 210),
coupling means intended to couple the quick-release fastener (1) to the connection device (2) (Figure 2, first pin 212 and second pin 214; Paragraph 0043, a work tool 202 such as a bucket may be removably coupled to the coupler assembly 210. The work tool 202 may include a first pin 212 and a second pin 214 ... In any event, an operator may operate the controls 114 in order to couple the coupler assembly 210 to the work tool 202)
and locking means intended to lock the coupling (Figure 3, spring 330; Paragraph 0052, the coupler assembly 210 may include a spring 330 … The spring may apply a continuous spring force against the first locking mechanism 308);
the connection device (2) comprising
at least one trunnion (5), preferably two trunnions (Figure 2, first pin 212 and second pin 214; Paragraph 0043, a work tool 202 such as a bucket may be removably coupled to the coupler assembly 210. The work tool 202 may include a first pin 212 and a second pin 214 ... In any event, an operator may operate the controls 114 in order to couple the coupler assembly 210 to the work tool 202),
which are in particular parallel with one another (Figure 2, see first pin 212 and second pin 214);
the coupler comprising
a base body (Figure 3, see pair of elongated bodies 302 and first plate 304; The coupler assembly 210 includes a pair of elongated bodies 302 spaced from one another. A first plate 304 may be coupled between the pair of bodies 302 at a rear of the coupler assembly 210, whereas a second plate 1300 may be coupled therebetween at a front of the assembly 210)
in which a rear receiving cavity (300) for the or one of the trunnions is defined (Figure 3, cavity 318; Paragraph 0050, when coupling the coupler assembly 210 to the work tool 202, the second pin 214 is received within the cavity 318),
a lever (103) (Figure 3, first locking mechanism 308; Paragraph 0047, The assembly 210 may include a rear end that includes a first locking mechanism 308 and a second locking mechanism 310)
being mounted such that it moves between a closed position in which it holds the trunnion (5) or one of the trunnions in the rear receiving cavity (300) (Figure 3, see first locking mechanism 308, cavity 318, and second pin 214; Paragraph 0056, Referring to FIG. 3, the coupler assembly 210 is shown in its coupled or locked position 300)
an open position in which it does not hold the trunnion (5) (Figure 3, see first locking mechanism 308, cavity 318, and second pin 214; Paragraph 0065, In the unlocked position 500 of FIG. 5),
the locking means being arranged such that they block the lever (103) in the closed position (Figure 3, see spring 330 and first locking mechanism 308; Paragraph 0052, The spring may apply a continuous spring force against the first locking mechanism 308),
characterised in that a rear plate (500) forming a stop is mounted on a rear end of the coupler such that, in the closed position of the lever (103), part of the lever abuts against the rear plate (500) (Figure 4, see tab 314 and plug 326; Paragraph 0056, In the locked position, the tab 314 of the second locking mechanism 310 may be disposed behind or to the rear of the first locking mechanism 308).
Regarding claim 8, in addition, Sulzer further teaches the limitations of claim 8 of
characterised in that the locking means comprise at least one spring (400) (Figure 3, spring 330; Paragraph 0052, the coupler assembly 210 may include a spring 330 … The spring may apply a continuous spring force against the first locking mechanism 308),
which is/are attached on the one hand to the base body of the coupler (Figure 3, see spring 330 and retainer 334; Paragraph 0053, The spring 330 includes a first end and a second end. The first end may be coupled to a spring support 332 and the second end may be coupled to a retainer 334; Paragraph 0054, The retainer 334, or spring retainer, may be coupled to the side plate 1300),
in particular a rear part (113) of the base body of the coupler (Paragraph 0054, However, in other embodiments, the retainer 334 may be pivotably or otherwise movably coupled to the side plate 1300; It is implied that because the retainer is movable coupled to the side plate it can moved to the rear of the side plate without significant modification),
and on the other hand, to a front end part (111) of the lever (103) (Figure 3, see spring 330 and spring support 332; Paragraph 0053, The spring 330 includes a first end and a second end. The first end may be coupled to a spring support 332 and the second end may be coupled to a retainer 334; Paragraph 0053, the spring support 332 and first end of the spring 330 is pivotably coupled to the first locking mechanism 308).
The limitation “in particular two springs” is exemplary language as indicated above in the section “Claim Rejections - 35 USC § 112” and thus does not further limit the system.
Regarding claim 9, in addition to the teaching above for claim 8, Sulzer further teaches
characterised in that the or each spring (400) is a tension spring which is intended to draw the lever backwards (Paragraph 0052, The spring 330 may be a coil spring, toroidal spring, bevel spring, or any other known type of spring).
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 16 is rejected under 35 U.S.C. 103 as being unpatentable over Pisco (US 6254331). Pisco teaches
a lifting element (Figure 1, boom 12; Column 1, lines 6-9, This invention relates to a coupler for connecting a bucket, a breaker, a compactor or some other attachment to the free end of a boom or working arm or the like on a piece of work equipment, such as a backhoe, etc.),
in particular a lifting arm (Column 1, line 8, a boom or working arm or the like),
and a tool (Figure 1, attachment 94; Column 1, lines 6-9, This invention relates to a coupler for connecting a bucket, a breaker, a compactor or some other attachment to the free end of a boom or working arm or the like on a piece of work equipment, such as a backhoe, etc.),
in particular a bucket (3) (Column 1, line 7, a bucket, a breaker, a compactor or some other attachment),
and a device according to claim 1 (Figure 1, coupler 10; Column 1, lines 6-9, This invention relates to a coupler for connecting a bucket, a breaker, a compactor or some other attachment to the free end of a boom or working arm or the like on a piece of work equipment, such as a backhoe, etc.),
the coupler or quick-release fastener (1) being attached to the lifting element of the machine (Figure 1, see coupler 10 and boom 12; Column 3, lines 66-67, a coupler 10 connected to the free end of a boom 12),
while the connection device (2) is attached to the tool (Figures 2, see coupler 10 and outline of attachment 94; Column 5, lines 58-59, the coupler 10 being connected to the attachment 94).
Regarding the device according to claim 1, Pisco teaches fully for such device as detailed above in the section “Claim Rejections - 35 USC § 102” for claim 1.
Pisco fails to fully teach of such a construction machine which combines all of the recited limitations. While Pisco teaches each component individually, it focuses on how they relate to the coupler of which Pisco is focused on.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Pisco with a standard construction machine to meet the limitations of the claim. Pisco teaches that the invention is made to be used with a piece of work equipment (This invention relates to a coupler for connecting a bucket, a breaker, a compactor or some other attachment to the free end of a boom or working arm or the like on a piece of work equipment, such as a backhoe, etc.). Thus, because Pisco likewise teaches the remaining limitations of the claim, a person having ordinary skill in the art would have been able combine the teachings of Pisco with a standard construction machine and would be motivated to do so because Pisco teaches that its invention should be used with one.
Allowable Subject Matter
Claims 2-5 and 11-12 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 2, as best understood based on the 35 U.S.C. 112(b) issue identified above, Pisco teaches
characterised in that the part of the lever that abuts against the rear plate (500) comprises a lug (502) (Figure 7, hook tine 60; Column 4, lines 51-52, Front hook member 52 includes an upwardly projecting hook tine 60),
a tooth (509) protruding from the lug (502) (Figure 7, end hook 62; Column 4, lines 52-53, Hook tine 60 includes an end hook 62),
a notch (501) being formed in the rear plate (500) (Figure 4, slot 64; Column 4, lines 53-54, Tine 60 is movable upwardly into and through a slot 64 formed in the bottom of bottom plate 40),
and, in the locked position, the tooth (509) is received in the notch (501) (Column 6, lines 18-22, the rounded cam surface on top of hook tine 60 contacts a central portion of lock arm 66 and exerts a rearward force on lock arm 66 as the hook tine 60 continues to move upwardly through the slot opening 64).
Pisco fails to fully teach wherein in particular the lug is mounted such that it pivots in relation to the lever (103).
While Pisco teaches of a pivoting locking mechanism in the lock arm 66, this mechanism does not meet the limitations present in the claim. Claim 1 specifies that the lever is responsible for holding the trunnion directly. One could redefine components of Pisco to meet some of the limitations of claim 1 and 2 regarding the lever and locking mechanism to include the lock arm’s pivotability to meet the pivoting of the lug. However, because the lock arm does not directly interact with the coupler pins, the limitations of claim 1 would not be met.
McCormack and Sulzer fail to fully teach of the existence of a lug, tooth, and notch connected to the lever.
Prior art in the area of endeavor fails to fully teach, in combination, all the limitations present in the claim. While some prior art teaches nearly all the limitations, such as Pisco as seen above, and some prior art teaches a pivoting locking mechanism, such as a lock assembly (142) as taught by Thompson (US 20230019996), combining the teachings of these prior arts would not be obvious. A person having ordinary skill in the art would be capable of making the hook tine and end hook as taught by Pisco to be pivotable. However, making this component pivotable would change how the hook tine operates with the system and reduce the capabilities for the hook tine to lock the system. It would not be obvious for a person having ordinary skill in the art to modify the system of Pisco to make the hook tine pivotable and retain system operability without significant modification to the system. Furthermore, the prior art in the area of endeavor fails to fully teach nor make it obvious to meet the specific limitations and design requirements recited in the claims regarding the recited lever, pivotable lug, and tooth. Thus, the claim is considered to distinguish over the prior art.
Claims 4-5 and 12, as best understood based on the 35 U.S.C. 112(b) issues identified above, are dependent on claim 2 and further limit the system and thus are likewise considered to distinguish over the prior art.
Claim 11, if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph set forth in this Office action, is dependent on claim 2 and further limits the system and thus is likewise considered to distinguish over the prior art.
Claim 3 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(d) set forth in this Office action, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 3 is dependent on claim 2 and, if rewritten in some manner to further limit the system and remain dependent on claim 2, would likewise be considered to distinguish over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure [See PTO-892 Notice of References Cited] because the prior art references contain subject matter that related to one or more the of the Applicant’s claim limitations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN THOMAS KOSKY whose telephone number is (571)270-7277. The examiner can normally be reached Monday - Friday (8:00 am - 4:30 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob S Scott can be reached at (571) 270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.T.K./
Examiner, Art Unit 3655
/JACOB S. SCOTT/ Supervisory Patent Examiner, Art Unit 3655
