DETAILED ACTION
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 .
Response to Amendment
The Amendment filed 6 December 2024 has been entered. Claims 1-20 remain pending in the application. Applicant's amendments to the Claims have overcome the 112(b) rejection previously set forth in the Non-Final Office Action dated 11 September 2024; however, upon further consideration new rejections are set forth as explained below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7, 12-14, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wissler et al. (US 2017/0000103).
Regarding claim 1, Wissler teaches a boom (1), comprising: a tubular structure defining a rounded triangular section (fig. 2) that extends from a first boom end (2) to a second boom end (3, see figs. 3, 4), the tubular structure comprising three flat plates (fig. 1 – two of the plates are comprised of braces 9, which are flat as shown in figs. 2 and 3 and described as having a “uniform thickness” in par. 54, the third plate is comprised of element 12) fastened together by three curved connecting members (8, see figs. 1, 2), wherein the plates comprise a first material and the curved members comprise a second material different from the first material (par. 50).
Regarding claim 2, Wissler teaches the boom described regarding claim 1 and further wherein the first material comprises carbon fiber (par. 59).
Regarding claim 3, Wissler teaches the boom described regarding claim 1 and further wherein the second material comprises aluminum (portion 17, see par. 56, 59).
Regarding claim 4, Wissler teaches the boom described regarding claim 1 and further wherein at least one of the three plates defines a plurality of cut-outs formed therein (fig. 1).
Regarding claim 5, Wissler teaches the boom described regarding claim 1 and further wherein at least one of the three connecting members is fastened between a respective two of the three plates (figs. 1, 2) by fasteners selected from the group consisting of bolts and rivets (par. 7).
Regarding claim 6, Wissler teaches the boom described regarding claim 1 and further wherein at least one of the three connecting members is fastened between a respective two of the three plates (figs. 1, 2) by adhesive (par. 7).
Regarding claim 7, Wissler teaches the boom described regarding claim 1 and further comprising dispensing nozzles mounted to the boom and configured to dispense liquid (par. 52).
Regarding claim 12, Wissler teaches a method of manufacturing a crop sprayer boom (1), the method comprising: fastening three flat plates (fig. 1 – two of the plates are comprised of braces 9, which are flat as shown in figs. 2 and 3 and described as having a “uniform thickness” in par. 54, the third plate is comprised of element 12) together with three curved connecting members (8, see figs. 1, 2) to form a tubular structure with a rounded triangular section (fig. 2) that extends from a first boom end (2) to a second boom end (3, see figs. 3, 4), wherein the flat plates are formed from a first material and the curved members are formed from a second material different from the first material (par. 50).
Regarding claim 13, Wissler teaches the method described regarding claim 12, and further wherein fastening three plates together with three curved connecting members comprises fastening each of the three connecting members to a respective pair of the three plates (figs. 1, 2) with a fastener selected from the group consisting of bolts and rivets (par. 7).
Regarding claim 14, Wissler teaches the method described regarding claim 12, and further wherein fastening three plates together with three curved connecting members comprises gluing (par. 7) each of the three connecting members to respective adjacent pairs of the three plates (figs. 1, 2).
Regarding claim 19, Wissler teaches the boom described regarding claim 1, and further wherein this boom is part of an agricultural crop sprayer comprising a chassis (par. 2) and a fluid storage tank (par. 47).
Regarding claim 20, Wissler teaches the agricultural crop sprayer described regarding claim 19, and wherein the boom comprises a plurality of boom sections (5/6/7) configured to pivot relative to one another (par. 56; figs. 3, 4).
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.
Claims 8-11 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wissler in view of Klemp et al. (US 2017/0216871).
Regarding claim 8, Wissler discloses the boom described regarding claim 1, but not further comprising an end element disposed inside the tubular structure at the first boom end, wherein the end element is mated to the three plates by one selected from the group consisting of bolts, rivets, and adhesive.
Klemp teaches a boom (410) comprising a tubular structure defining a rounded triangular section that extends from a first boom end to a second boom end (fig. 16), the tubular structure comprising three plates (430/450/470) and having an end element (660) disposed inside the tubular structure at the first boom end (par. 83; figs. 22-24), wherein the end element is mated to the three plates by one selected from the group consisting of bolts, rivets, and adhesive (par. 83).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the boom of Wissler to further comprise an end element disposed inside the tubular structure at the first boom end, wherein the end element is mated to the three plates by one selected from the group consisting of bolts, rivets, and adhesive, as taught by Klemp. Such a modification was known to prevent twisting of the end of the boom section and also eliminates stress on the rivet (or bolt) holes (Klemp – par. 83).
Regarding claim 9, Wissler in view of Klemp discloses the boom described regarding claim 1, and Klemp further teaches wherein the end element exhibits an external profile that matches a profile of the triangular section (fig. 22).
Regarding claim 10, Wissler in view of Klemp discloses the boom section described regarding claim 8, and further that this is a first boom section (6) that is part of a multi-section boom arrangement (fig. 1 – element 1), and a second boom section (5) is hingedly attached to the end element (par. 56; figs. 3, 4).
Regarding claim 11, Wissler in view of Klemp discloses the multi-section boom arrangement described regarding claim 10, and further wherein this arrangement is part of an agricultural crop sprayer comprising a chassis (par. 2) and a fluid storage tank (par. 47).
Regarding claim 15, Wissler discloses the method described regarding claim 12, and Wissler in view of Klemp further discloses fastening an end element inside the tubular structure, as described regarding claim 8.
Regarding claim 16, Wissler in view of Klemp discloses the method described regarding claim 15, and further wherein fastening an end element inside the tubular structure comprises fastening the end element to the three plates by one selected from the group consisting of bots, rivets, and adhesive, as also described regarding claim 8.
Regarding claim 17, Wissler in view of Klemp discloses the method described regarding claim 15, and further comprising hingedly attaching a second tubular structure to the end element, as described regarding claim 10.
Regarding claim 18, Wissler discloses the method described regarding claim 12, but not explicitly comprising securing a plurality of nozzles to the tubular structure. Klemp teaches the boom described regarding claim 8, and further comprising securing a plurality of nozzles (200) to the tubular structure (par. 60; figs. 1-3). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Wissler to further include securing a plurality of nozzles to the tubular structure, as taught by Klemp, since this was known to provide a means for dispersing the fluid material along the length of the boom (Klemp – par. 60).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues that Wissler does not teach three flat plates because element 9, the diagonal braces, which the Office has interpreted to comprise two of the flat plates, cannot be reasonably interpreted to be a “flat plate”. Applicant does not provide further explanation or evidence in support of this assertion. In response, it is noted that Wissler teaches that the diagonal braces 9 are “flat plates” because Figures 2 and 3 show them as being flat and Paragraph 54 describes them as having “a uniform thickness”. Therefore, Applicant’s argument is not convincing and the rejections are maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CODY J LIEUWEN whose telephone number is (571)272-4477. The examiner can normally be reached Monday - Thursday 8-5, Friday varies.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached on (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CODY J LIEUWEN/Primary Examiner, Art Unit 3752
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