`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re the application of:
`
`Confirmation No.: 7942
`
`Cary MILLER
`
`US Application No.: 11/349,491
`
`Filed: February 7, 2006
`
`For: NON-REMOVEABLE SAFETY PIN
`
`Mail Stop Amendment
`
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`
`Examiner: Amiri, Nahid
`
`Group Art Unit: 3679
`
`June 24, 2008
`
`RESPONSE TO OFFICE ACTION
`
`Sir:
`
`Please consider the following amendments and remarks in response to
`
`the outstanding Office Action mailed March 24, 2008,.
`
`Page 1 0f 15
`
`CATERPILLAR EXHIBIT 1006
`
`Page 1 of 15
`
`CATERPILLAR EXHIBIT 1006
`
`
`
`MM;
`
`Please AMEND claims 20 and 64 as follows.
`
`1.
`
`(Previously Presented) 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 distal end, wherein at least one of the shaft and the
`
`distal end includes an element thereon that extends relative to a side of the
`
`shaft, wherein the shaft is semi—cylindrical, having a semi—circular cross—
`
`section.
`
`2.
`
`(Original) The safety pin of claim 1, 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.
`
`(Original) The safety pin of claim ii, 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.
`
`(Withdrawn). The safety pin of'clai'm l,-wherein the element is
`
`formed by stamping the distal end to flatten and widen it.
`
`Page 2 of 15
`
`Page 2 of 15
`
`
`
`7.
`
`(Original) The safety pin of claim 1, wherein the distal end is
`
`integral with the shaft.
`
`8.
`
`9.
`
`(Cancelled)
`
`(Previously Presented) The safety pin of claim 1, wherein the
`
`shaft has one or more flat sides.
`
`10.
`
`(Withdrawn) The safety pin of claim 9, wherein there are two or
`
`more sides that are positioned at different radial distances away from the
`
`longitudinal axis of the safety pin.
`
`1 i.
`
`(Cancelled)
`
`12.
`
`(Original) The safety pin of claim 1, wherein the distal end ofthe
`
`safety pin is substantially cylindrical.
`
`i3.
`
`(Withdrawn) The safety pin of claim 1. wherein the distal end has
`
`steps therein.
`
`14.
`
`(Withdrawn) The safety pin of claim i,Wherein the distal end has
`
`flat sides.
`
`15.
`
`(Original) The safety pin of claim 1, wherein the distal end of the
`
`safety pin has a transverse hole therein.
`
`16.
`
`(Original) The safety pin of claim 1, wherein a "distal tipiof the
`
`distal end of the safety pin is tapered.
`
`Page 3 0f 15
`
`Page 3 of 15
`
`
`
`l7.
`
`(Previously Presented) The safety pin of claim 1, wherein the
`
`element comprises a shoulder between the distal end of the safety pin and the
`
`shaft.
`
`18.
`
`(Previously Presented) The safety pin of claim 1, wherein the
`
`element is rigidly fixed in its position relative to one of the shaft and the distal
`
`end.
`
`19.
`
`(Withdrawn) The safety pin of claim 1, wherein the head is
`
`removably connected to the shaft.
`
`20.
`
`(Currently Amended) A system for retaining engagement of first
`
`and second elements within ‘a Coupler, the system comprising:
`
`a safety pin insertable into an aperture formed through a
`
`sidewall of the coupler, the safety pin comprising ahead, a shaft depending
`
`from the head along a longitudinal axis, and a distal end. of the shaft opposite
`
`the head, at least one of the shaft and the distal end including an element
`
`thereon that extends radially outwardly from a portion of the shaft; and
`
`a plate fixable to the sidewall of the coup" ler and 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.
`
`21.
`
`(Cancelled)
`
`Page 4 of 15
`
`Page 4 of 15
`
`
`
`22.
`
`(Previously Presented) The system of claim 21, wherein the plate
`
`is removable.
`
`23.
`
`(Previously Presented) The system 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.
`
`(Previously Presented) The system of claim 20, wherein the
`
`element extends outwards.
`
`26.
`
`(Previously Presented) The system of claim 20, wherein the
`
`element extends in a direction that is generally perpendicular'to the
`
`longitudinal axis of the safety pin.
`
`27.
`
`(Previously Presented) The system of claim 20, wherein the
`
`element extends radially outward from the rest of the shaft and the distal end.
`
`28.
`
`(Previously Presented) The system of claim 20, wherein the head
`
`extends radially outward from the. side of the shaft.
`
`29.
`
`(Withdrawn) The system of claim 20, wherein the element is
`
`formed by Stamping the distal end to flatten and widen it.
`
`30.
`
`(Previously Presented) The system of claim 20, wherein the distal
`
`end is integral with the shaft.
`
`Page 5 0f 15
`
`Page 5 of 15
`
`
`
`31.
`
`(Previously Presented) The system of claim 20, wherein the shaft
`
`is substantially cylindrical.
`
`32.
`
`(Previously Presented) The system of claim 20, wherein the shaft
`
`has one or more flat sides.
`
`33.
`
`(Previously Presented) The system of claim 32, wherein there are
`
`two or more sides that are positioned at different radial distances away from
`
`the longitudinal axis of the safety pin.
`
`34.
`
`(Previously Presented) The system of claim 20, wherein the shaft
`
`is semi-cylindrical, having a semi~circular cross section.
`
`35.
`
`(Previously Presented) The system of claim 20, wherein the distal
`
`end of the safety pin is substantially cylindrical.
`
`36.
`
`(Withdrawn) The system of claim 20, wherein the distal end has
`
`steps therein.
`
`37.
`
`(Withdrawn) The system of claim 20, wherein the distal end has
`
`flat sides.
`
`38.
`
`(Previously Presented) The system of Claim 20, wherein the distal
`
`end of the safety pin has a transverse hole therein.
`
`39.
`
`(Previously Presented) The system of claim 20, wherein a distal
`
`tip of the distal end of the safety pin is tapered.
`
`Page 6 0f 15
`
`Page 6 of 15
`
`
`
`40.
`
`(Previously Presented) The system of claim 20, wherein the
`
`element is in the form of a shoulder between a distal tip of the safety pin and
`
`the shaft.
`
`4].
`
`(Previously Presented) The system of claim 20, wherein the
`
`element is rigidly fixed in its position relative to one of the shaft and the distal
`
`end.
`
`42.
`
`(Previously Presented) The system of claim 20, wherein the head
`
`is removably connected to the shaft.
`
`43.
`
`(Previously Presented) A coupler 'for coupling an accessory to an
`
`excavator, the coupler comprising:
`
`two side plates and a latching element that is moveable
`
`substantially parallel to and between the' two side plates; and
`
`a safety pin passing through a hole in one of the side plates for
`
`engaging the latching element for securing it, the safety pin comprising a head,
`
`a shaft, a distal end and a longitudinal axis startingia't the head, extending
`
`along the shaft and terminating at the distal end, wherein at least one of the
`
`shaft and the distal end includes an element thereon thatextends relative to a
`
`side of the shaft, the element preventing remoVal ofthe Safety pin from the
`
`coupler.
`
`44.
`
`(Cancelled)
`
`Page 7 0f 15
`
`Page 7 of 15
`
`
`
`45.
`
`(Previously Presented) The coupler of claim 43, wherein there is
`
`also an opposing hole in axial alignment with the first hole, the opposing hole
`
`being in an opposite side plate of a coupler.
`
`46.
`
`(Original) The coupler of claim 43, wherein the element extends
`
`outwards.
`
`47.
`
`(Original) The coupler 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 distal end.
`
`49.
`
`(Original) The coupler of claim 43, wherein the head extends
`
`radially outward from the side of the shaft.
`
`50.
`
`(Withdrawn) The coupler of claim 43, wherein the element is
`
`formed by stamping the distal end to flatten and widen it.
`
`51.
`
`(Original) The coupler ofclaim 43, wherein the distal end is
`
`integral with the shaft.
`
`52.
`
`(Original) The coupler of claim 43, wherein the shaft is
`
`substantially cylindrical.
`
`53.
`
`(Previously Presented) The coupler of'claim 43, wherein the shaft
`
`has one or more flat sides or faces.
`
`Page 8 0f 15
`
`Page 8 of 15
`
`
`
`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.
`
`(Withdrawn) The coupler of claim 43, wherein the distal end has
`
`flat sides.
`
`59.
`
`(Original) The coupler of claim 43, wherein the distal end ofthe
`
`safety pin has a‘ transverse hole therein.
`
`60.
`
`(Original) The coupler of claim 43, wherein a distal tip of the
`
`distal end of the safety pin is tapered.
`
`61.
`
`(original) The coupler of claim 43, wherein the element is in the
`
`form of a shoulder between a distal tip of the safety pin and the shaft.
`
`62.
`
`(Previously Presented) The coupler of claim 43,'wherein the
`
`element is rigidly fixed in its position relative to one ofthe shaft and the distal
`
`end.
`
`Page 9 0f 15
`
`10
`
`Page 9 of 15
`
`
`
`63.
`
`(Original) The coupler of claim 43, wherein the head is
`
`removably connected to the shaft.
`
`64.
`
`(Currently Amended) The system of claim 34, wherein the distal
`
`end of the safety pin is substantially cylindrical and wherein the plate includes
`
`substantially half of the aperture to allow- passage of the semi—cylindrical shaft
`
`half—eylindfiea-l—shaft through the aperture, but to prevent the cylindrical distal
`
`end from passing through the aperture.
`
`Page 10 0f 15
`
`l l
`
`Page 10 of 15
`
`
`
`IN THE DRAWINGS:
`
`Please amend the drawings by replacing original Drawing Sheets l/S —
`
`5/5 with attached Replacement Drawing Sheets l/S—S/S. The Replacements
`
`Sheets contain changes to Figures 1-3, 5, and 7-9. No new matter is being
`
`added.
`
`Page 11 of 15
`
`Page 11 of 15
`
`
`
`REMARKS
`
`Favorable reconsideration of the subject application is requested in view
`
`of the foregoing amendments and the following remarks.
`
`Claims 1—5, 7, 9, i2, lS—l8, 22, 23, 25—28, 30—35, 38—43, 45—49, 51,
`
`57, and 59-64 are pending in the application, with claims 1, 20, and 43 being
`
`the independent claims. By this amendment, claims 6, lo, l3, 14, 19, 29, 36,
`
`37, 50 and 58 have been withdrawn, and claims 20 and 64 have been amended
`
`to clarify the invention. No new matter has been added.
`
`In the Office Action, the drawings were objected to because the same
`
`reference numerals were used to identify all variations of the same name part.
`
`Replacement drawing sheets are submitted herewith to obviate these
`
`objections. Favorable consideration of the replacement drawings and
`
`withdrawal of the objections to the drawings are requested.
`
`Claims 20—23, 25—42, and 64 have been rejected under 35 USC l 12,
`
`second paragraph. The first reason for these rejeCtions isthat “at least one .of
`
`the shaft" in claim 20 is unclear. Applicant traverses this rejection, because the
`
`claim reads “at least one of the shaft and the distal end." Applicant submits
`
`that this is definite, requiring one or both of (l) the. shaft and (2) thedistal end.
`
`Claim 64 also is rejected under Section 112, because there is no
`
`antecedent basis for "half-cylindrical shaft." Claim 64 has been amended to
`
`obviate this rejection by replacing “half-cylindrical shaft” with “semi—cylindrical
`
`Page 12 of 15
`
`12
`
`Page 12 of 15
`
`
`
`shaft,” which does have antecedent basis. Favorable consideration and
`
`withdrawal of the rejections under Section 112 are requested.
`
`Claims 1—5, 7, 10, 16—18, 27, 28, 33, 43, 45—47, 49, 51, 52, 54, 55, 56,
`
`and 60—62 stand rejected under 35 USC 102 as anticipated by US Patent No.
`
`166,379 (Hipkins et al.). Claims 1, 12 20, 25, 26, 30, 31, 34, 35, 40, and 41
`
`stand rejected under 35 USC 102 as anticipated by US patent No. 355,980
`
`(Dimon). Claims 1, 3, 7, 12, 15, 43, and 59 stand rejected under 35 USC 102
`
`as anticipated by US Patent No. 6,877,259 (Nishimura et al.) Claim 9 stands
`
`rejected under 35 USC'103 as u'npatentable over Hipkins et al. in view of US
`
`Patent No. 4,030,694 (Schimmel) and claim 32 stands rejected under 35 USC
`
`103 as unpatenta‘b'le over Dimon in view of Schimmel. Applicant traverses
`
`these rejections.
`
`Hipkins et al. relates to railroad rail joint fastenings‘ and discloses a
`
`system including fish plates, slotted rails, andvT—headed bolts. Dimon relates
`
`to a clevis comprising a plow clevis and a clevis pin. Nishimura'et al. relates to
`
`a pin assembly and an implements connecting apparatus including a pin
`
`assembly for connetting first and second members. HOwever, nowhere does
`
`. any of Hipkins et al., Dimon, and Nishimura et al. teach or suggest a semi—
`
`cylindrical shaft having a semi—circular cross-section, as recited in independent
`
`claim 1. The Examiner appears to be taking that a cylindrical s‘haft would also
`
`include a semi—cylindrical shaft, but such a position is untenable. Claim 1
`
`requires a semi—cylindrical shaft, and none of the cited documents teaches this
`
`feature. Accordingly, Applicant submits that claim 1
`
`is patentable.
`
`Page 13 0f 15
`
`13
`
`Page 13 of 15
`
`
`
`Dimon was used in the Office Action to reject independent claim 20.
`
`Applicant disagrees. As now recited in claim 20, a plate is fixable to the
`
`sidewall of the coupler and is disposed over a sector of the aperture. Dimon
`
`does not teach or suggest such a feature. Accordingly, Applicant submits that
`
`claim 20 is patentable over the art of record.
`
`With regard to independent claim 43, Applicant submits that the cited
`
`documents fail to teach or suggest two side plates and a latching element that
`
`is movable substantially parallel to and between the two side plates. The
`
`Examiner indicates that elements C and C’ are the parallel plates, but no
`
`latching element is-unde’rstood to be' between those plates that is also movable
`
`substantially parallel thereto. Similarly. the tube indicated by the examiner by
`
`reference numeral 24in Nishimura et al. is not understood to move
`
`substantially parallel to two side plates. Because the cited documents fail to
`
`teach these features, claim 43 is allowable over the cited documents.
`
`For the foregoing reasons, Applicant submits that independent claims 1',
`
`20, and 43 are allowable over the cited documents. Favorable reconsideration
`
`and withdrawal of the rejections to these claims are requested.
`
`The remaining claims depend from one of the independent claims and
`
`are submitted to be allowable by virtue of this dependency, as well as for
`
`reciting other patentable features of the invention. Favorable and independent
`
`consideration of the dependent claims are requested.
`
`Page 14 of 15
`
`l4
`
`Page 14 of 15
`
`
`
`Applicant submits that this application is in condition for allowance.
`
`Favorable consideration, withdrawal of the rejections and an early Notice of
`I
`
`Allowance are requested.
`
`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 submitted,
`
`
`
`MichaelJ. Didras, Registration No. SS,l12
`Customer Number 23387
`
`HARTER SECREST & EMERY LLP
`1600 Bausch 6: Lamb Place
`
`Rochester. New York 14604
`
`Telephone: 585-232—6500
`Fax: 58S~232—2l 52
`
`Page 15 0f 15
`
`l S
`
`Page 15 of 15
`
`
![](/site_media/img/document_icon.png)
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ ChargeStill Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
![](/site_media/img/error_icon.png)
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
![](/site_media/img/error_icon.png)
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
![](/site_media/img/error_icon.png)
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
![](/site_media/img/document_icon.png)
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
![](/site_media/img/document_icon.png)
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
![](/site_media/img/error_icon.png)
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site