Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 1/5/2026 is acknowledged. The traversal is on the ground(s) that Group I and Group define “the same essential characteristics of a single disclosed embodiment of the invention.”
This is not found persuasive because the subcombinations are distinct and they do not overlap in scope and not obvious variants:
Claim 1 (Group I)
Claim 8 (Group II)
A stover conveyor system, comprising:
a stover conveyor that extends from a corn head to a stover chopper and having a first end and a second end;
the first end of the conveyor connected to a lift cylinder with a first mounting member, wherein the first mounting member is non-pivotal;
the second end of the conveyor is connected to a frame with a second mounting member; and
a third mounting member connected to the stover chopper and the frame.
A stover conveyor system, comprising:
a stover conveyor that extends from a corn head to a stover chopper and having a first end and a second end; and
a stover guide having a pair of sidewalls connected to a gate, wherein the stover guide is positioned over the stover conveyor.
Claim 11 (Group I)
Claim 8 (Group II)
A stover conveyor system, comprising:
a stover conveyor that extends from a corn head to a stover chopper and having a first end and a second end;
the first end of the conveyor non-pivotally connected to a lift cylinder with a non-pivotal mounting member;
a link pivotally connected to the second end of the conveyor and pivotally connected to a frame of an agricultural implement; and
a pivotal mounting member pivotally connected to the stover chopper and the frame.
A stover conveyor system, comprising:
a stover conveyor that extends from a corn head to a stover chopper and having a first end and a second end; and
a stover guide having a pair of sidewalls connected to a gate, wherein the stover guide is positioned over the stover conveyor.
Therefore, the Group II sub-combination, i.e. “a stover guide having a pair of sidewalls connected to a gate, wherein the stover guide is positioned over the stover conveyor”, is not present in the Group I sub-combination, and do not define the same essential characteristics of a single disclosed embodiment.
Regarding, the “serious burden not demonstrated” is not agreed with. Specifically, the Restriction Requirement, dated 11/5/2025, clearly states the search burden:
“The sub-combinations would require different search queries for having different
and divergent subject matter, and searching for a stover conveyor that extends from a
corn head to a stover chopper and having a first end and a second end; where the first
end of the conveyor connected to a lift cylinder with a first mounting member, the first
mounting member is non-pivotal; and, where the second end of the conveyor is
connected to a frame with a second mounting member; and a third mounting member
connected to the stover chopper and the frame (Group I), is not required when
searching for a stover guide having a pair of sidewalls connected to a gate, where the stover guide is positioned over the stover conveyor (Group II).”
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “22” (fig 1) has been used to designate both combine and conveyor. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Applicant’s attention is directed to Straeter J E (2012/0023883), fig 1, which illustrates substantially the same drawing (shown below); and/or Vande et al (1003923), fig 1.
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The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the “first end of the conveyor connected to a lift cylinder with a first mounting member, … the first mounting member is non-pivotal” (cl. 1, and similar language in cl. 11);
NOTE: when comparing figs 2 and 3, it is clearly shown the lift cylinder 24 and the first mounting member are pivotal, allowing the lift cylinder to pivot at the first mounting member:
[AltContent: arrow][AltContent: arrow]
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[AltContent: textbox (Pivotal connection)]
“the second end … is connected to a frame” (cl. 1, 11);
“the second mounting member is pivotal at both ends” (cl. 3);
“a stover guide positioned over at least a portion of the first end” & “has a door” (cl. 5, 6; NOTE: it is not shown how the mounting member & lift cylinder embodiment would also accommodate and not interfere with a stover guide 44 & a door 52, shown in the 2nd embodiment figs 4, 5);
“the lift cylinder is configured to raise and lower a corn head” & “link … connected to a frame” (cl. 11, 12; NOTE: if the element 20 is a link and/or lift cylinder, it is unclear how it is capable of / configured to raise the header as shown)
must be shown or the feature(s) canceled from the claim(s).
No new matter should be entered.
Following on the heels of Liebel-Flarsheim v. Medrad, this case reaffirms the principle that the full scope of a claim must be enabled. Enablement of a single embodiment is not sufficient. As a matter of law, enablement of the novel aspects of an invention must be enabled by the specification even if implementation would have been within the PHOSITA’s skill level.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: “feed plate 54” should be – feeder plate 20 – (see amendment, dated 6/17/2025).
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 5-7, 11-12, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al (CN 108617266), in view of Soots et al (4567719).
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Han teaches the claimed invention, except as noted:
[AltContent: textbox (Corn head)][AltContent: textbox (Stover chopper)][AltContent: arrow][AltContent: textbox (Conveyor extends between the head & the chopper)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Guide roller / gate )]
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1. (previously presented) A stover conveyor system, comprising:
a stover conveyor that extends from a corn head to a stover chopper and having a first end and a second end (marked up);
the first end of the conveyor connected to a lift cylinder (not shown/specified in the drawings) with a first mounting member (obvious the 1st end is non-pivotally mounted),
wherein the first mounting member is non-pivotal (discussed above);
the second end of the conveyor is connected to a frame with a second mounting member (from fig 1, it is obvious the 2nd is mounted to the frame); and
a third mounting member connected to the stover chopper and the frame (from fig 1, it is obvious the chopper is mounted to the frame).
Soots teaches that it has been known a header fixedly connected to a first end of a conveyor, the rear / 2nd end is mounted pivotally:
“(5) The pickup belt 42 with its crop engaging fingers 44 (shown only in FIG. 1) is trained around three rigid rollers which extend the full width of the pickup (rear roller 46, forward roller 48 and center roller 50). The belt is driven by a hydraulic motor 52 through the rear roller 46 which is coaxial with the float pivot axis 36 of the belt pickup.”
“(10) FIG. 5 represents a simplified schematic of that portion of the combine electrical system directly related to automatic control of the height or position of the header 16 responsive to the attitude of the belt pickup 34 relative to the auger platform 32. It includes the electrical power source 28 (which may for example, include a battery 164) and portions of the electrohydraulic control assembly 30, comprising a raise portion 170 and a lower portion 172 each, when suitably energized, causing the actuation of the hydraulic cylinders 24 respectively to raise or lower the header 16.”
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the header of Han with the teachings of Soots, with a reasonable expectation of success since hydraulic lift actuator is has been well known to lift the header, including the conveyor fixedly connected to both, in order to successively avoid bump, or make headland turnaround easier.
5. (original) The system of claim 1 further comprising a stover guide positioned over at least a portion of the first end of the stover conveyor (marked up, see Han, guide roller defining a gate/door to the conveyor).
6. (original) The system of claim 5 wherein the stover guide has a door (already addressed above, see cl. 5).
7. (previously presented) The system of claim 1 wherein the lift cylinder is configured to raise and lower a corn head (already addressed above in the combination, see teachings in Soots).
12. (new) The stover conveyor system of claim 1 further comprising the corn head connected to the lift cylinder (already shown/taught in the combination, see teachings in Soots).
Claim(s) 1, 5-7, 11-12, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al (CN 108617266), in view of Efimkin et al (RU 179951).
Han teaches the claimed invention, except as noted above in detail.
Efimkin teaches yet another arrangement of a lift cylinder with a first mounting member, at a first end of conveyor, fixed to a header (fig 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the header of Han with the teachings of Efimkin, with a reasonable expectation of success since hydraulic lift actuator is has been well known to lift the header, including the conveyor fixedly connected to both, in order to successively avoid bump, or make headland turnaround easier.
Claim(s) 3, 11, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al (CN 108617266), and Soots et al (4567719) and/or Efimkin et al (RU 179951), in view of Cornil (FR 2275983).
Han, and Soots and/or Efimkin combination teaches the claimed invention, except as noted:
3. (original) The system of claim 1 wherein the second mounting member is pivotal at both ends (not shown).
Cornil (FR 2275983) teaches two mountings, where the rear (2nd end) mounting (28) is pivotal at both ends, while the 1st end is fixed in position relative to head:
[AltContent: textbox (Pivotal connection at both ends)][AltContent: arrow][AltContent: arrow]
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide at the 2nd end of Han, and Soots and/or Efimkin combination with the teachings of Cornil, with a reasonable expectation of success since the flexible pivoting of the rear end, would lessen the weight on the header as it is being raised (shown in Cornil).
The following are already addressed above, unless otherwise noted:
11. (previously presented) A stover conveyor system, comprising:
a stover conveyor that extends from a corn head to a stover chopper and having a first end and a second end; the first end of the conveyor non-pivotally connected to a lift cylinder with a non-pivotal mounting member; a link pivotally connected to the second end of the conveyor and pivotally connected to a frame of an agricultural implement; and a pivotal mounting member pivotally connected to the stover chopper and the frame (see in re cl. 1, 3).
15. (new) The stover conveyor system of claim 11 wherein the stover conveyor is configured to transport stover from the corn head to the stover chopper (shown/taught above, see Han, fig 1).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al (CN 108617266), and Soots et al (4567719) and/or Efimkin et al (RU 179951), in view of Gouvernal (FR 7905520).
Han, and Soots and/or Efimkin combination teaches the claimed invention, except as noted:
4. (original) The system of claim 1 wherein the third mounting member is pivotal at both ends.
Gouvernal teaches a chopper that is pivotal at both ends:
[AltContent: textbox (Stover chopper)][AltContent: arrow][AltContent: textbox (pivotal at both ends (pivots 21, 22))][AltContent: arrow][AltContent: arrow]
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide of Han, and Soots and/or Efimkin combination with the teachings of Gouvernal, with a reasonable expectation of success since it would provide flexibility and avoid undue stress on the chopper mounting and possible failure when contacting ground undulations.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-7, 11-12, 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892.
Evelguenne et al (EP 1483953) teaches chopper (12) having a mounting member between a frame and the chopper, and having pivotal connection at either end of the mounting member.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARPAD FABIAN-KOVACS whose telephone number is (571) 272-6990. The examiner can normally be reached Mo-Th.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached on (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARPAD FABIAN-KOVACS/
Primary Examiner, Art Unit 3671