IN THE UNITED STATES PATENT AND TRADEMARK OEEICE
`
`PATENTS
`
`Confirmation No:
`
`4517
`
`Applicant:
`
`Miller, Gary
`
`Atty. Docket:
`
`96172.000004
`
`Application No.:
`
`12/698,700
`
`EXaminer:
`
`Pezzuto, Robert Eric
`
`Eiled:
`
`Title:
`
`February 2, 2010
`
`Art Unit:
`
`3671
`
`EULLY AUTOMATIC COUPLER EOR EXCAVATOR ARM
`
`AMENDMENT
`
`Mail Stop Amendment
`Commissioner for Patents
`PO BOX 1450
`
`Alexandria, VA 22313/1450
`
`Sir:
`
`Applicant requests one/month eXtension of time to extend the deadline for responding
`
`to the Office Action dated April 8, 2011 from]uly 8, 2011, up to an including August 8, 2011.
`
`Payment for the EXtension of Time is being with the filing of this paper. The Commissioner is
`
`hereby authorized to charge any deficiency and credit any overpayment to Deposit Account No.
`
`033875.
`
`In response to the Office Action mailed April 8, 2011, please amend the above/identified
`
`application as follows:
`
`876163_1
`
`Page 1 of 13
`
`CATERPILLAR EXHIBIT 1008
`
`Page 1 of 13
`
`CATERPILLAR EXHIBIT 1008
`
`
`
`PATENTS
`
`Confirmation No:
`
`4517
`
`Applicant:
`
`Miller, Gary
`
`Atty. Docket:
`
`96172.000004
`
`Application No.:
`
`12/698,700
`
`EXaminer:
`
`Pezzuto, Robert Eric
`
`Eiled:
`
`Title:
`
`February 2, 2010
`
`Art Unit:
`
`3671
`
`EULLY AUTOMATIC COUPLER EOR EXCAVATOR ARM
`
`AMENDMENT
`
`Mail Stop Amendment
`Commissioner for Patents
`PO BOX 1450
`
`Alexandria, VA 22313/1450
`
`Sir:
`
`Applicant requests one/month eXtension of time to extend the deadline for responding
`
`to the Office Action dated April 8, 2011 from]uly 8, 2011, up to an including August 8, 2011.
`
`Payment for the EXtension of Time is being with the filing of this paper. The Commissioner is
`
`hereby authorized to charge any deficiency and credit any overpayment to Deposit Account No.
`
`033875.
`
`In response to the Office Action mailed April 8, 2011, please amend the above/identified
`
`application as follows:
`
`876163_1
`
`Page 1 of 13
`
`CATERPILLAR EXHIBIT 1008
`
`Page 1 of 13
`
`CATERPILLAR EXHIBIT 1008
`
`
`
`CLAIMS
`
`Please amend claim 35 as follows. Please also cancel claims 38/42 and add new claims
`
`44/47.
`
`1.
`
`(Original) A coupler having a top half for attaching to an end of an eXcavator arm
`
`of an eXcavator and a bottom half for attaching to an accessory; wherein:
`
`the bottom half comprises:
`
`a first jaw having an opening pointing generally towards the front end of the coupler and
`
`a second jaw having an opening pointing generally downwards with respect to the coupler;
`
`a first latching mechanism associated with the first jaw; and
`
`a second latching mechanism associated with the second jaw, the second latching
`
`mechanism being powered for movement between an open position and a closed position,
`
`wherein the first latching mechanism has an arm eXtending therefrom and towards the second
`
`latching mechanism, whereby the second latching mechanism can hold the first latching
`
`mechanism in an open position when it is in its own open position; and
`
`the coupler further comprising:
`
`a blocking mechanism that is independent of the first latching mechanism, and being for
`
`selectively blocking the second latching mechanism in its latching position, the blocking
`
`mechanism being operable between a blocking position and an unblocking position by a
`
`separate drive means, or by the influence of gravity, operation by the influence of gravity
`
`comprising attaining a blocking position when the top side of the coupler is pointing generally
`
`upwards and an unblocking position when the bottom side of the coupler is pointing generally
`
`upwards.
`
`2.
`
`(Original) The coupler of claim 1, wherein the first latching mechanism
`
`comprises a finger or block that extends in a different direction to the arm, and which provides
`
`an at least partial blockage of the opening of the first jaw when the first latching mechanism is
`
`in a jaw/closing position.
`
`876163_1
`Page 2 of 13
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`2
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`Page 2 of 13
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`
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`3.
`
`(Original) The coupler of claim 1, wherein the arm of the first latching
`
`mechanism eXtends down one side of an internal space of the coupler.
`
`4.
`
`(Original) The coupler of claim 1, wherein the blocking mechanism comprises a
`
`member that eXtends down one side of an internal space of the coupler.
`
`5.
`
`(Original) The coupler of claim 1, wherein the arm of the first latching
`
`mechanism eXtends down one side of an internal space of the coupler and the blocking
`
`mechanism comprises a member that eXtends down one side of the internal space of the coupler,
`
`the arm and member extending down different sides of the internal space of the coupler.
`
`6.
`
`(Original) The coupler of claim 1, wherein an second latching member is
`
`powered by a hydraulic ram that is located down the centre of the internal space of the coupler.
`
`7.
`
`(Original) The coupler of claim 1, wherein the blocking mechanism shares a
`
`common pivotal aXis with the second latching mechanism’s actuator.
`
`8.
`
`(Original) The coupler of claim 1, wherein the first latching mechanism is defined
`
`by a first pivotal latch.
`
`9.
`
`(Original) The coupler of claim 1, wherein the second latching mechanism is
`
`defined by a second pivotal latch.
`
`10.
`
`(Original) The coupler of claim 1, wherein a latching member of the first latching
`
`mechanism eXtends into the jaw, and has a greater width than the arm of the first latching
`
`mechanism.
`
`876163_1
`Page 3 of 13
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`3
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`Page 3 of 13
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`
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`11.
`
`(Original) The coupler of claim 10, wherein the width of the latching member is
`
`at least approximately a third of the width of the front jaw.
`
`12.
`
`(Original) The coupler of claim 1, wherein a part of the first latching mechanism
`
`is visible in the jaw when the first latching mechanism is in a jaw/closing position, and the part
`
`is painted in a high/visibility colour, or in a contrasting colour to the jaw, for making it more
`
`readily visible from the cab of the eXcavator through the opening of the jaw.
`
`13.
`
`(Original) The coupler of claim 1, wherein a free end of the eXcavator arm has an
`
`increased lateral width relative to the rest of the arm to provide a greater mass at the free end.
`
`14.
`
`(Original) The coupler of claim 1, wherein the blocking member has a width that
`
`generally corresponds to the width of one of the arm and the free end of the arm.
`
`15.
`
`(Original) The coupler of claim 1, wherein the second latching mechanism
`
`comprises a pivoting latching hook.
`
`16.
`
`(Original) The coupler of claim 15, wherein a rear surface of the latching hook
`
`has steps provided thereon for providing adjustability for the blocking mechanism, whereby a
`
`plurality of different accessories, each with different pin spacings, can be accommodated by the
`
`coupler.
`
`17.
`
`(Original) The coupler of claim 16, wherein the steps on the rear surface of the
`
`hook are down just one flank of that surface of the hook, the hook may have two such flanks,
`
`with the other flank being adapted for selectively engaging the first latching mechanism.
`
`18.
`
`(Original) The coupler of claim 1, wherein the arm of the first latching
`
`mechanism has a cut/out in its underside for accommodating the structure of the front jaw and
`
`876163_1
`Page 4 of 13
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`4
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`Page 4 of 13
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`
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`an attachment pin of an accessory, whereby that cut/out can rest against the top of the structure
`
`of the front jaw when the first latching mechanism is in a jaw/closing position.
`
`19.
`
`(Original) The coupler of claim 1, wherein the arm has an indentation in a top
`
`wall thereof for engaging a member of the frame of the coupler.
`
`20.
`
`(Original) The coupler of claim 1, wherein the first latching mechanism has a face
`
`that is adapted to face towards an attachment pin of an accessory, when the accessory pin is
`
`located fully within the front jaw, that surface eXtending generally downwardly into the jaw to a
`
`point at least one/third of the way across the opening.
`
`21.
`
`(Original) The coupler of claim 1, wherein a hinge aXis of the first latching
`
`member is located above the line of the reaction force between an attachment pin of an
`
`accessory and the pin facing/engaging surface of the latching member in the event of an
`
`attempted removal of the pin from the front jaw, once the first latching mechanism is in its jawe
`
`closing position.
`
`22.
`
`(Original) A coupler comprising two jaws and a latch for each jaw, one of the
`
`latches being powered for movement between a latching position and a non/latching position,
`
`and being associated with a blocking mechanism that is remotely movable between a blocking
`
`position and non blocking position, and the other latch being independent of the blocking
`
`mechanism, but being also remotely moveable between a latching position and a non/latching
`
`position, wherein the powered latch, in its non/latching position, can maintain both the
`
`blocking mechanism in its non blocking position and the other latch in its non/latching
`
`position, irrespective of the orientation of the coupler.
`
`23.
`
`(Original) The coupler of claim 22, wherein the blocking mechanism is gravity
`
`operated.
`
`876163_1
`Page 5 of 13
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`5
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`Page 5 of 13
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`
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`24.
`
`(Original) The coupler of claim 22, wherein the opening of a downwardly facing
`
`one of said jaws has a height / measured in the longitudinal direction of the coupler / of at least
`
`15X the height / measured in the height direction of the coupler / of the opening of the other jaw.
`
`25.
`
`(Original) The coupler of claim 22, wherein the blocking mechanism is spring
`
`biased towards a blocking position by a spring member that is adapted to engage against a
`
`portion of an eXcavator arm during certain normal conditions of use, but not in the crowd
`
`position.
`
`26.
`
`(Original) The coupler of claim 22, wherein a front one of the jaws has one of a
`
`ridge and lip, and/or one of a dip and groove, provided in an upper wall of its profile.
`
`27.
`
`(Original) The coupler of claim 26, wherein the upper wall of the front jaw’s
`
`profile extends further forwards, relative to the frame of the coupler, than the lower wall of that
`
`profile so as to overhang the lower profile.
`
`28.
`
`(Original) The coupler of claim 27, wherein the lip or ridge, and/or dip or groove,
`
`is located in the overhanging area of that upper wall.
`
`29.
`
`(Original) The coupler of claim 28, wherein the lip or ridge, and/or dip or groove,
`
`is a lip or ridge, and the gap between the bottom of the ridge or lip and a free end of the lower
`
`wall of the profile of the front jaw has a length that is no less than the distance between that
`
`lower wall and that upper wall when measured diametrically therebetween.
`
`30.
`
`(Original) The coupler of claim 22, wherein the front jaw has one of a ridge and a
`
`lip, and/or one of a dip and a groove, provided in a lower wall of its profile.
`
`876163_1
`Page 6 of 13
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`6
`
`Page 6 of 13
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`
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`31.
`
`(Original) The coupler of claim 30, wherein ridge or lip, and/or a dip or groove
`
`provides an outer lip against which the attachment pin can hit, for stopping further eXiting of
`
`the pin from the jaw, in the event of the attachment pin starting to slip out of the front jaw.
`
`32.
`
`(Original) The coupler of claim 31, wherein the ridge or lip, and/or a dip or
`
`groove is a dip or groove, and its depth is between 0.3;; and 0.lX the diametric height of the jaw.
`
`33.
`
`(Original) An excavator fitted with a coupler according to claim 22.
`
`34.
`
`(Original) An eXcavator fitted with a coupler according to claim 1.
`
`35.
`
`(Currently Amended) A method of coupling an accessory to a coupler, the
`
`method comprising:
`
`a) providing an eXcavator with a powered eXcavator arm having a coupler on an end
`
`thereof, the coupler comprising two jaws and a latch for each jaw, one of the latches being
`
`powered for movement between a latching position and a non/latching position, and being
`
`associated with a blocking mechanism that is remotely movable between a blocking position
`
`and non blocking position, and the other latch being independent of the blocking mechanism,
`
`but being also remotely moveable between a latching position and a non/latching position;
`
`b) opening the jaw with the powered latch;
`
`Q) providing an accessory with two attachment pins thereon sized and spaced to fit
`
`into the two jaws of the coupler;
`
`d) powering the excavator arm to manipulate the coupler to locate a first
`
`attachment pin of the accessory into the jaw associated with the other latch;
`
`e) powering the eXcavator arm to curl the coupler relative to the accessory to locate
`
`the second attachment pin into the opened jaw; and
`
`powering the powered latch to engage the powered latch against the second
`
`attachment pin to secure it within that now closed jaw.
`
`876163_1
`Page 7 of 13
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`7
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`Page 7 of 13
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`
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`36.
`
`(Original) The method of claim 35, wherein the powered latch is powered in step
`
`b) while the coupler is at least partially inverted, the blocking mechanism and other latch being
`
`gravity operated such that they move to non blocking and open positions, respectively, as the
`
`coupler is moved into that at least partially inverted orientation.
`
`37.
`
`(Original) A method of decoupling an accessory from a coupler, the method
`
`comprising:
`
`a) providing an eXcavator with a powered eXcavator arm having a coupler on an end
`
`thereof, the coupler comprising two jaws and a latch for each jaw, one of the latches being
`
`powered for movement between a latching position and a non/latching position, and being
`
`associated with a blocking mechanism that is remotely movable between a blocking position
`
`and non blocking position, and the other latch being independent of the blocking mechanism,
`
`but being also remotely moveable between a latching position and a non/latching position;
`
`b) providing an accessory with two attachment pins thereon fitted into the two jaws of
`
`the coupler;
`
`c) rotating the coupler and accessory into a crowd position for at least partially inverting
`
`the coupler;
`
`d) opening the jaw having the powered latch;
`
`e) powering the eXcavator arm to manipulate the coupler back from its crowd position
`
`to position the accessory on hard standing, such as the ground; and continuing to power the
`
`eXcavator arm to guide the coupler off the accessory, the two latches now being open.
`
`38.
`
`Cancelled
`
`39.
`
`Cancelled
`
`40.
`
`Cancelled
`
`41.
`
`Cancelled
`
`876163_1
`Page 8 of 13
`
`8
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`Page 8 of 13
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`
`
`42.
`
`Cancelled
`
`43.
`
`(Original) The coupler of claim 1, wherein the front jaw has a ridge or lip
`
`provided in an upper wall of its profile, wherein the upper wall of the front jaw’s profile eXtends
`
`further forwards, relative to the frame of the coupler, than the lower wall of that profile so as to
`
`overhang the lower profile, wherein the lip or ridge is located in the overhanging area of that
`
`upper wall, and wherein the gap between the bottom of the ridge or lip and the free end of the
`
`lower wall of the profile of the front jaw has a length that is no less than the distance between
`
`that lower wall and that upper wall when instead measured diametrically therebetween.
`
`44.
`
`(New) A coupler for attaching an eXcavator arm and an accessory, comprising:
`
`a first jaw having an opening pointing generally towards the front end of the coupler;
`
`a second jaw having an opening pointing generally downwards with respect to the
`
`coupler;
`
`a first latching mechanism associated with the first jaw;
`
`a second latching mechanism associated with the second jaw, the second latching
`
`mechanism being selectively moveable between an open position and a closed position; and
`
`a blocking mechanism separate from the first latching mechanism and movable between
`
`a blocking position preventing the second latching mechanism from moving from its closed
`
`position and a non/blocking position permitting the second latching mechanism to move
`
`between the closed and open positions.
`
`45.
`
`(New) The coupler of claim 44, wherein the first latching mechanism pivots
`
`about a first pivot point and the blocking mechanism pivots about a second pivot point,
`
`different from the first pivot point.
`
`876163_1
`Page 9 of 13
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`9
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`Page 9 of 13
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`
`
`46.
`
`(New) The coupler of claim 44 wherein gravity moves the blocking mechanism
`
`from the blocking position to the non/blocking position.
`
`47.
`
`(New) The coupler of claim 46, wherein when a top side of the coupler is
`
`pointing generally upwards, the blocking mechanism moves to the blocking position and
`
`wherein when a bottom side of the coupler is pointing generally upwards, the blocking
`
`mechanism moves to the non/blocking position.
`
`876163_1
`Page 10 of 13
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`‘I 0
`
`Page 10 of 13
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`
`
`REMARKS/ARGUMENTS
`
`Applicant requests favorable consideration of the application in View of the preceding
`
`amendments and the following remarks.
`
`Claims 1/37 and 4347 are pending in the application with claims 1, 22, 35, 37, and 44
`
`being the independent claims. By this paper claim 35 has been amended, claims 3842 have been
`
`cancelled and claims 44/47 have been added. Support for the amendments and for the new
`
`claims may be found in the application as originally filed.
`
`All claims were rejected as anticipated by WO2008/031590 (Hill). Applicant traverses
`
`this rejection.
`
`Hill shows a coupler for eXcavators that includes a blocking member that is preferably a
`
`bar 40 having a pivot end 42 and a jaw 44 which closes an open mouth of a recess 20 to embrace
`
`a pin 24 located in the recess 20. Thus, in Hill, the blocking member is integral with a jaw that
`
`acts as a latching mechanism.
`
`Hill’s arrangement is different from the present invention. In independent claim 1, a
`
`blocking mechanism is independent of the first latching mechanism and selectively block the
`
`second latching mechanism. In independent claims 22, 35, and 38, a coupler includes two jaws
`
`and a latch for each jaw, one of the latches being powered for movement and being associated
`
`with a blocking mechanism and the other latch is independent of the blocking mechanism. In
`
`independent claim 44, a blocking mechanism is separate from a first latching mechanism. Hill
`
`fails to show each of these features of the independent claims at least because it does not show a
`
`blocking mechanism separate from a latch; in Hill the blocking mechanism is part of the latch.
`
`For the foregoing reasons, Applicant submits that the independent claims are patentable
`
`over Hill. Favorable reconsideration and an early Notice of Allowance are requested.
`
`876163_1
`Page 11 of 13
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`‘I
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`‘I
`
`Page 11 of 13
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`
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`The remaining clairns depend from one of the independent claims and are allowable by
`
`Virtue of this dependency and for reciting other patentable features of the invention. Applicant
`
`requests favorable and independent consideration of the dependent clairns.
`
`Applicant’s below/signed attorney may be reached by telephone at (585) 232/6500 with
`
`any questions regarding the application. All Written correspondence should continue to be
`
`directed to the address of record on file for this application.
`
`876163_1
`Page 12 of 13
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`‘I 2
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`Page 12 of 13
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`
`
`Dated:
`
`August 8, 2011
`
`Respectfufly submitted,
`
`Michael]. Didas, Registration No. 55,112
`
`Harter Secrest & Emery LLP
`1600 Bausch 5Q Lomb Place
`
`Rochester, New York 14604
`
`Telephone: 585/232/6500
`FaX: 585/232/2152
`
`876163_1
`Page 13 of 13
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`‘I 3
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`Page 13 of 13
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