UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.goV
`
`APPLICATION NO.
`
`F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONF {MATION NO.
`
`12/698,700
`
`02/02/2010
`
`Gary Miller
`
`96172.000004
`
`4517
`
`StephenB. Salai, Esq. —
`°“’°8’2°“
`"90
`Harter Secrest & Emery LLP
`PEZZUTO, ROBERT ERIC
`BER
`1600 Bausch & Lomb Place
`ART UNIT
`PAPER
`Rochester, NY 14604-2711
`‘-
`3671
`
`04/08/201 1
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on aboVe—indicated "Notification Date" to the
`following e—mail address(es):
`bsalai @hselaW.c0m
`coffen @hselaW.c0m
`
`PTOL_90A (Rev_ 04/07)
`Page 1 of 5
`
`CATERPILLAR EXHIBIT 1007
`
`Page 1 of 5
`
`CATERPILLAR EXHIBIT 1007
`
`

`
`Office Action Summary
`
`Application No.
`
`App|icant(s)
`
`12/698,700
`
`MILLER ET AL.
`
`Examiner
`ROBERT E. PEZZUTO
`
`A“ Unit
`3671
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE § MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`—
`— Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)IXl Responsive to communication(s) filed on 29 March 2011.
`
`2a)I:I This action is FINAL.
`
`2b)IXl This action is non—final.
`
`3)I:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)IZl Claim(s) 1’ is/are pending in the application.
`
`4a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`5 I:l Claim s)
`
`is/are allowed.
`
`)
`
`s)
`
`)
`
`is/are objected to.
`
`are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)I:l The specification is objected to by the Examiner.
`
`10)|:| The drawing(s) filed on j is/are: a)I:I accepted or b)I:l objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)|Z| All
`
`b)I:l Some * c)|:| None of:
`
`1.|ZI Certified copies of the priority documents have been received.
`
`2.|:| Certified copies of the priority documents have been received in Application No. _.
`
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) El Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) IX] Information Disclosure Statement(s) (PTO/SB/08)
`
`Paper No(s)/Mail Date 3/25/11 3/29/11.
`U.S. Patent and Trademark Office
`
`4) El Interview Summary (PTO-413)
`Paper N°(5)/II/Ia" DaTe- E
`5) I:I Notice of informal Patent Application
`6) D Other:
`.
`
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20110401
`
`Page 2 of 5
`
`Page 2 of 5
`
`

`
`Application/Control Number: 12/698,700
`
`Page 2
`
`Art Unit: 3671
`
`DETAILED ACTION
`
`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 —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States.
`
`Claims 1-43 are rejected under 35 U.S.C. 102(b) as being anticipated by WO
`
`2008/031590 (‘590).
`
`‘590 discloses a coupler (figures 1-19) having a top half for
`
`attachment to an excavator (via 16 and 18) and a bottom half for attaching to an
`
`accessory (at 24 and 26) wherein the bottom half comprising first and second jaws (at
`
`20 and 22) with the first jaw having an opening generally towards the front end and the
`
`second jaw having an opening generally in the downward direction (as seen in figure
`
`13). Further, ‘590 discloses the use of first (generally 40) and second (generally 30)
`
`latching mechanisms wherein the first latching mechanism has an arm extending
`
`therefrom towards the second latching mechanism (as seen in figure 13) as well as a
`
`blocking means (as seen in figure 13) that is independent the first latching mechanism.
`
`Further, ‘590 discloses the first latching mechanism comprising a finger (as seen in
`
`figure 13, area of reference numeral 44) that extends in a different direction to the arm
`
`and can provide at least partial blocking of the first jaw (as seen in figure 8). Further,
`
`Page 3 of 5
`
`Page 3 of 5
`
`

`
`Application/Control Number: 12/698,700
`
`Page 3
`
`Art Unit: 3671
`
`‘590 discloses the use of gravity activation as well as the use of a hydraulic ram
`
`(generally 32) with the device.
`
`Regarding method claims 35-37, in view of the structure disclosed by ‘590, the
`
`method of operating the device would be inherent since it is the normal and logical
`
`means by which the device could be employed.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ROBERT E. PEZZUTO whose telephone number is
`
`(571)272-6996. The examiner can normally be reached on 7:00 am to 5:00 pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Thomas B. Will can be reached on (571) 272-6998. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Page 4 of 5
`
`Page 4 of 5
`
`

`
`Application/Control Number: 12/698,700
`
`Page 4
`
`Art Unit: 3671
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Robert E Pezzuto/
`
`Primary Examiner, Art Unit 3671
`
`Page 5 of 5
`
`Page 5 of 5