`
`PATENT
`
`N THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`in re the application of:
`
`Gary MILLER
`
`US Application No.:
`
`iI/349,491
`
`Filed: February 7, 2006
`
`Confirmation No.: 7942
`
`Examiner: Amiri, Nahid
`
`Group Art Unit: 3679
`
`
`
`For: NON—REMOVEABLE SAFETY PIN
`
`Mail Stop Amendment
`
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`
`November 5, 2007
`
`RESPONSE TO RESTRICTION REQUIREMENT
`
`AND PRELIMINARY AMENDMENT
`
`Sir:
`
`Please consider the foliowing amendments and remarks in response to
`
`the outstanding Office Action mailed October 4, 2007.
`
`Page 1 0f 12
`
`1
`
`CATERPILLAR EXHIBIT 1005
`
`Page 1 of 12
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`CATERPILLAR EXHIBIT 1005
`
`
`
`l§\l THE CLAiMS:
`
`Piease CANCEL claims 8, ii, 2i, 24, and 44 without prejudice to, or
`
`disclaimer of, the subject matter recited there. Please AMEND ciairns i, 9, 17,
`
`20, 22, 23, 25~43, 45, S3, and 62 and ADD new claim 64 as follows.
`
`1.
`
`(Currently Amended) A safety pin comprising a head, a shaft, a
`
`distal end and a longitudinal axis starting at the head, extending along the
`
`shaft and terminating at the distai end, wherein eitheeeelaet—h at ieast one of
`
`the shaft and the distai end inciudes are—leeyeel—se—as—te—have an element
`
`thereon that extends relative to a side of the shaft, wherein the shaft is semiw
`
`cylindricai, having a semi—circular cross—section.
`
`2.
`
`(Original)
`
`The safety pin of claim i, wherein the element
`
`extends outwards.
`
`3.
`
`(Original)
`
`The safety pin of claim 1, wherein the element
`
`extends in a direction that is generally perpendicular to the longitudinal axis of
`
`the safety pin.
`
`4.
`
`(Originai)
`
`The safety pin of claim i, wherein the element
`
`extends radially outward from the rest of the shaft and the distal end.
`
`5.
`
`(Original)
`
`The safety pin of claim 1, wherein the head
`
`extends radially outward from the side of the shaft.
`
`6.
`
`(Originai)
`
`The safety pin of claim 1, wherein the element is
`
`formed by stamping the distal end to flatten and widen it.
`
`Page 2 of 12
`
`2
`
`Page 2 of 12
`
`
`
`7.
`
`(Original)
`
`The safety pin of claim 1, wherein the distal end is
`
`integral with the shaft.
`
`8.
`
`9.
`
`(Cancelled)
`
`(Currently Amended) The safety pin of claim i, wherein the shaft
`
`has onertwefithtee or more flat sides er-faees.
`
`10.
`
`(Original)
`
`The safety pin of claim 9, wherein there are two 0t
`
`more sides that are positioned at different radial distances away from the
`
`longitudinal axis of the safety gain.
`
`1 1.
`
`(Cancelled)
`
`12.
`
`(Original)
`
`The safety pin of claim 1, wherein the distai end of
`
`the safety pin is substantially cylindrical.
`
`33.
`
`(Original)
`
`The safety pin of claim i,whetein the distal end
`
`has steps therein.
`
`14.
`
`(Original)
`
`The safety pin of claim 1, wherein the distal end
`
`has flat sides.
`
`t5.
`
`(Original)
`
`The safety pin of claim t, wherein the distal end of
`
`the safety pin has a transverse hole therein.
`
`Page 3 of 12
`
`3
`
`Page 3 of 12
`
`
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`16.
`
`(Original)
`
`The safety pin of claim 1, wherein a distal tip of
`
`the distal end of the safety pin is tapered.
`
`17.
`
`(Currently Amended) The safety pin of claim l,whereén the
`
`element comprises is—in—theiemseef a shoulder between the a distai end tip of
`
`the safety pin and the shaft.
`
`18.
`
`(Original)
`
`The safety pin of claim 1, wherein the eiement is
`
`
`rigidiy fixed in its position reiative to one of the shaft and the oi: distal end.
`
`19.
`
`(Original)
`
`The safety pin of ciaim 1, wherein the head is
`
`removahly connected to the shaft.
`
`20.
`
`(Currently Amended) A system for retaining engagement of first
`
`and second elements within a coupier, the system comprising: heie~f~ei¢
`
`.
`
`.
`
`f
`
`.
`
`.
`
`l'
`
`.
`
`.
`
`|
`
`a safety pin insertabie into an aperture formed through a
`
`sidewall of the coupler, the safety pin comprising a head, a shaft depending
`
`from the head along a iongitudinal axis, m a distal end of the shaft opposite
`
`
`
`shaft and the distal end including a+e—leeyed—sees~te++aye an element thereon
`
`that extends radiaily outwardly from a portion of the shaft; and
`
`Page 4 of 12
`
`Page 4 of 12
`
`
`
`a plate disposed over a sector of the aperture to occlude a
`
`portion of the aperture and prevent passage of the distal end of the safety pin
`
`through the aperture.WW
`
`2}.
`
`(Cancelled)
`
`22.
`
`(Currentiy Amended) The system ee—mleinatiee of claim 21,
`
`wherein the plate is removable.
`
`23.
`
`(Currently Amended) The system eembinatiee of claim 22,
`
`wherein by removing the plate, the size of the hole is altered to allow the shaft,
`
`the distal end and the element to pass through the hole.
`
`24.
`
`(Cancelled)
`
`25.
`
`(Currently Amended) The system ofeenqleieatien claim 20,
`
`wherein the element extends outwards.
`
`26.
`
`(Currently Amended) The system eenebinatiee of claim 20,
`
`wherein the element extends in a direction that is generally perpendicular to
`
`the longitudinal axis of the safety pin.
`
`27.
`
`(Currently Amended) The system eemle—inatien of claim 20,
`
`wherein the element extends radially outward from the rest of the shaft and the
`
`distal end.
`
`28.
`
`(Currently Amended) The system eemlainatien of claim 20,
`
`wherein the head extends radially outward from the side of the shaft.
`
`Page 5 of 12
`
`S
`
`Page 5 of 12
`
`
`
`29.
`
`(Currently Amended) The system eemleinatien of claim 20,
`
`wherein the element is formed by stamping the distal end to fiatten and widen
`
`it.
`
`30.
`
`(Currentiy Amended) The system eemhinatien of ciaim 20,
`
`wherein the distai end is integral with the shaft.
`
`3 i.
`
`(Currentiy Amended) The system eeneiainatien of claim 20,
`
`wherein the shaft is substantially cylindrical.
`
`32.
`
`(Currently Amended) The system eeneiei—natien of claim 20,
`
`wherein the shaft has one,—twe,—thFee or more flat sides tar—faces.
`
`33.
`
`(Currently Amended) The system eenehi—natien of claim 32,
`
`wherein there are two or more sides that are positioned at different radial
`
`distances away from the Jongitudinai axis of the safety pin.
`
`34.
`
`(Currentiy Amended) The system eemlaination of ciaim 20,
`
`wherein the shaft is semi—cylindrical, having a semi—circular cross section.
`
`35.
`
`(Currently Amended) The system eembination of claim 20,
`
`wherein the distal end of the safety pin is substantially cylindrical.
`
`36.
`
`(Currently Amended) The system eemiainatien of claim 20,
`
`wherein the distal end has steps therein.
`
`37.
`
`(Currentiy Amended) The system eemie—inatien of claim 20,
`
`wherein the distal end has flat sides.
`
`Page 6 of 12
`
`6
`
`Page 6 of 12
`
`
`
`38.
`
`(Currently Amended) The system eemlainatien of claim 20,
`
`wherein the distal end of the safety pin has a transvetse hoie therein.
`
`39.
`
`(Currently Amended) The system eemlel—Hatlen of claim 20,
`
`wherein a distal tip of the distal end of the safety pin is tapered.
`
`40.
`
`(Currently Amended) The system eemlelhatien of claim 20,
`
`wherein the element is in the form of a shoulder between a distal tip ofthe
`
`safety pin and the shaft.
`
`41.
`
`(Currently Amended) The system eemlei-nati-en of claim 20,
`
`wherein the element is rigidly fixed in its position relative to one of the shaft
`
`and the er distal end.
`
`42.
`
`(Currently Amended) The system eemleinatien of claim 20,
`
`wherein the head is removably connected to the shaft.
`
`43.
`
`(Currently Amended) A coupler for coupiing an accessory to an
`
`excavator, the coupler comprising:
`
`two side plates and a iatchihg element that is moveable
`
`substantially parallel to and between the two side plates; the—eomleinatiewofa
`
`he-Ie—in—the—eeu—pler and
`
`Page 7 of 12
`
`7
`
`Page 7 of 12
`
`
`
`a safety pin passing through a hole in one of the side plates for
`
`engaging the iatching element for securing it, the safety pin comprising a head,
`
`a shaft, a distal end and a longitudinai axis starting at the head, extending
`
`along the shaft and terminating at the distal end, wherein at least one eitheieer
`
`both of the shaft and the distal end inciudes aFe—leeyed—se—as—teehave an element
`
`thereon that extends relative to a side of the shaft, the element preventing
`
`removai of the safety pin from the coupler.
`
`44.
`
`(Cancelled)
`
`45.
`
`(Currently Amended) The coupier of elai—m—44 ciaim 43, wherein
`
`there is also an opposing hole in axial alignment with the first hoie, the
`
`opposing hoie being in an opposite side plate of a coupler.
`
`46.
`
`(Original)
`
`The coupler of claim 43, wherein the element
`
`extends outwards.
`
`47.
`
`(Original)
`
`The coupier of claim 43, wherein the element
`
`extends in a direction that is generally perpendicular to the longitudinal axis of
`
`the safety pin.
`
`48.
`
`(Original)
`
`The coupler of claim 43, wherein the element
`
`extends radially outward from the rest of the shaft and the distai end.
`
`49.
`
`(Originai)
`
`The coupler of ciaim 43, wherein the head extends
`
`radially outward from the side of the shaft.
`
`Page 8 of 12
`
`8
`
`Page 8 of 12
`
`
`
`50.
`
`(Original)
`
`The coupler of claim 43, wherein the element is
`
`formed by stamping the distal end to fiatten and widen it.
`
`Si.
`
`(Original)
`
`The coupler of claim 43, wherein the distal end is
`
`integral with the shaft.
`
`52.
`
`(Original)
`
`The coupler of claim 43, wherein the shaft is
`
`substantially cylindrical.
`
`53.
`
`(Currentiy Amended) The coupler of claim 43, wherein the shaft
`
`has onertwerthatee or more flat sides or faces.
`
`54.
`
`(Original)
`
`The coupler of claim 53, wherein there are two or
`
`more sides that are positioned at different radial distances away from the
`
`longitudinal axis of the safety pin.
`
`55.
`
`(Original)
`
`The coupler of claim 43, wherein the shaft is
`
`semi—cylindrical, having a semi—circular cross section.
`
`56.
`
`(Original)
`
`The coupler of claim 43, wherein the distal end of
`
`the safety pin is substantially cylindrical.
`
`57.
`
`(Original)
`
`The coupler of claim 43, wherein the distal end
`
`has steps therein.
`
`58.
`
`(Original)
`
`The coupler of claim 43, wherein the distal end
`
`has fiat sides.
`
`Page 9 of 12
`
`9
`
`Page 9 of 12
`
`
`
`59.
`
`(Original)
`
`The coupler of claim 43, wherein the distai end of
`
`the safety pin has a transverse hole therein.
`
`60.
`
`(Origihai)
`
`The coupler of claim 43, wherein a distal tip of the
`
`distal end ofthe safety pin is tapered.
`
`6i.
`
`(Original)
`
`The coupler of ciaim 43, wherein the element is in
`
`the form of a shouider between a distal tip of the safety pin and the shaft.
`
`62.
`
`(Currently Amended)
`
`The coupler of claim 43, wherein the
`
`
`element is rigidly fixed in its position relative to one of the shaft and the ear
`
`distal end.
`
`63.
`
`(Original)
`
`The coupler of claim 43, wherein the head is
`
`removably connected to the shaft.
`
`64.
`
`(New)
`
`The system of claim 34, wherein the distal end of
`
`the safety pin is substantiaily cylindrical and wherein the plate includes
`
`substantially half of the aperture to allow passage of the half—cyiindricai shaft
`
`through the aperture, but to prevent the cylindricai distal end from passing
`
`through the aperture.
`
`Page 10 of 12
`
`30
`
`Page 10 of 12
`
`
`
`REMARKS
`
`Favorabie reconsideration of the subject appiication is requested in View
`
`of the foregoing amendments and the foliowing remarks.
`
`Claims 3—7, 9, 10, 12—20, 22, 23, 25—43, and 45—64 are pending in the
`
`appiication. By this amendment, claims 8, 11,2}, 24, and 44 have been
`
`cancelied without prejudice or disclaimer, claims i, 9, l7, 20, 22, 23, 25—43,
`
`45, 53, and 62 have been amended to more particularly recite applicants
`
`invention and to improve their form, and claim 64 is newly added. Support for
`
`the amendments and for the new claim may be found in the application as
`
`originally filed; no new matter has been added.
`
`The Office Action mailed October 4, 2007, in this application aiieges
`
`that the application contains claims directed to three patentabiy distinct species
`
`of the claimed invention. Specificaliy, the Examiner has identified the following
`
`three groups:
`
`Group 1, Figures 1 and 2, "irected to a pin having 9.: U) m
`
`'T r:EL :5 CL
`
`shaft and a cylindrical end;
`
`Group 2, Figures 3—6, directed to a pin having a cylindrical shaft with a
`
`removable head and a flattened end; and
`
`Group 3, Figures 7w9, a pin having three flat surfaces and one rounded
`
`su rface.
`
`The Examiner indicates that ofthe claims, claims 1, 20, and 43 are
`
`generic claims. Applicant notes that the groups are ciosely related, and that a
`
`Page 11 of 12
`
`3 l
`
`Page 11 of 12
`
`
`
`search of one group likely would result in searching all of the groups.
`
`Nevertheless, applicant elects to prosecute the invention of Group 1, which is
`
`drawn to Figures 1 and 2. Currentiy, claims 1—5, 7, 9, 12, 13, 15—18, 20, 22,
`
`23, 25—28, 30, 32, 34, 35, 38—41, 43, 45—49, 51, 53, 55, 56, 59—62, and 64
`
`read on Group 1. Of these claims, claim 43 is generic of ail groups.
`
`Applicant’s below—signed representative may be reached by telephone
`
`at (585) 232—6500 with any questions regarding this application. All written
`
`correspondence should continue to be forwarded to the address of record for
`
`this application.
`
`Respectfully su bmitted,
`
`
`
`Micha l}. Didas, Registration No. 55,112
`Customer Number 2338?
`
`HARTER SECREST & EMERY LLP
`
`1600 Bausch 84 Lomb Piece
`
`Rochester, New York 14604
`
`Telephone: 585—232—6500
`Fax: 585w232M2152
`
`Page 12 of 12
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`1 2
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`Page 12 of 12
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`
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