IN THE UNITED STATES PATENT AND TRADEMARK OEEICE
`
`PATENTS
`
`Confirmation No:
`
`4517
`
`Applicant:
`
`Miller, Gary
`
`Atty. Docket:
`
`96172000004
`
`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 fromjuly 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:
`
`87616371
`
`Page 1 0f 13
`
`CATERPILLAR EXHIBIT 1008
`
`Page 1 of 13
`
`CATERPILLAR EXHIBIT 1008
`
`
`
`PATENTS
`
`Confirmation No:
`
`4517
`
`Applicant:
`
`Miller, Gary
`
`Atty. Docket:
`
`96172000004
`
`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 fromjuly 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:
`
`87616371
`
`Page 1 0f 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.
`
`87616371
`Page 2 of 13
`
`2
`
`Page 2 of 13
`
`
`
`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.
`
`87616371
`Page 3 0f 13
`
`3
`
`Page 3 of 13
`
`
`
`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
`
`87616371
`Page 4 of 13
`
`4
`
`Page 4 of 13
`
`
`
`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 jaw/
`
`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.
`
`87616371
`Page 5 0f 13
`
`5
`
`Page 5 of 13
`
`
`
`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.
`
`87616371
`Page 6 0f 13
`
`6
`
`Page 6 of 13
`
`
`
`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 0.3x and 0.1x 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;
`
`[[b]]c) providing an accessory with two attachment pins thereon sized and spaced to fit
`
`into the two jaws of the coupler;
`
`[[c]]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;
`
`[[d]]e) powering the excavator arm to curl the coupler relative to the accessory to locate
`
`the second attachment pin into the opened jaw; and
`
`[[e]]f) powering the powered latch to engage the powered latch against the second
`
`attachment pin to secure it within that now closed jaw.
`
`87616371
`Page 7 0f 13
`
`7
`
`Page 7 of 13
`
`
`
`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
`
`87616371
`Page 8 0f 13
`
`8
`
`Page 8 of 13
`
`
`
`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.
`
`87616371
`Page 9 0f 13
`
`9
`
`Page 9 of 13
`
`
`
`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.
`
`87616371
`Page 10 0f 13
`
`l 0
`
`Page 10 of 13
`
`
`
`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 4447 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 W02008/O31590 (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.
`
`87616371
`Page 11 of 13
`
`1
`
`l
`
`Page 11 of 13
`
`
`
`The remaining claims 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 claims.
`
`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.
`
`87616371
`Page 12 of 13
`
`1 2
`
`Page 12 of 13
`
`
`
`Dated:
`
`August 8, 2011
`
`Respectfufly submitted,
`
`W 7 SEW/M
`
`MichaeI]. Didas, Registration No. 55,112
`
`Harter Secrest & Emery LLP
`1600 Bauseh 6g Lomb P1aee
`
`Rochester, New York 14604
`
`Telephone: 5852326500
`Fax: 5852322152
`
`87616371
`Page 13 0f 13
`
`'I 3
`
`Page 13 of 13
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still 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.
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.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
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.
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.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
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
