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 .
Claim Objections
Claim 9 is objected to because it recites "the plurality of openings defined at the distal end of the drawbar" in line 3 (instead of "... defined by ..." or "... defined in ..." since "the distal end of the drawbar defines a plurality of openings" which goes well beyond the plurality of openings being "at" the distal end). Appropriate correction (or explanation) is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11, 17, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites "An agricultural system for adjustably supporting a drawbar of an agricultural vehicle," in lines 1-2 and "a drawbar" in line 18. It is unclear if these are the same drawbar or if a different drawbar is being introduced. Further, it is unclear if the claimed "agricultural system" is separate and distinct from the agricultural vehicle (as it is "for supporting a drawbar of an agricultural vehicle,") or if the claimed "agricultural system" is part of the agricultural vehicle (as it includes "a rear frame of the agricultural vehicle" and "a drawbar" of the agricultural vehicle). Thus, the metes and bounds of the claimed system cannot be determined. Therefore, claim 1 is indefinite and rejected under 35 U.S.C. 112(b) such that clarification and correction are required. Additionally, claims 2-11 are rejected because of their dependency on claim 1.
Claim 8 recites the limitation "the respective one of the flange holes of the first support flange" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the respective one of the flange holes of the second support flange" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites "a first pair of flange holes of the first and second support flanges" in lines 2-3 and "a separate, second pair of flange holes of the first and second support flanges" in lines 4-5. However, claim 1 (from which claim 11 depends) previously sets forth "each of the first and second support flanges ... defining flange holes ..." in lines 6-8. It is unclear whether the first and second pairs of flange holes in claim 11 are of or in addition to the flange holes introduced in claim 1. Thus, the metes and bounds of the flange holes required by claim 11 cannot be determined. Therefore, claim 11 is indefinite and rejected under 35 U.S.C. 112(b).
Claim 17 recites "a drawbar" in line 4. However, claim 12 (from which claim 17 depends) previously sets forth "a drawbar" in line 16. It is unclear if claim 17 is referring to the same drawbar or if another drawbar is being introduced. Thus, the metes and bounds of the limitations relating to "a drawbar" in claim 17 cannot be determined. Therefore, claim 17 is indefinite and rejected under 35 U.S.C. 112(b). Claim 17 is being further examined as though "a drawbar" reads "the drawbar" in line 4.
Claim 20 recites "a first pair of flange holes of the first and second support flanges" in lines 2-3 and "a separate, second pair of flange holes of the first and second support flanges" in lines 4-5. However, claim 12 (from which claim 20 depends) previously sets forth "each of the first and second support flanges ... defining flange holes ..." in lines 5-7. It is unclear whether the first and second pairs of flange holes in claim 20 are of or in addition to the flange holes introduced in claim 12. Thus, the metes and bounds of the flange holes required by claim 20 cannot be determined. Therefore, claim 20 is indefinite and rejected under 35 U.S.C. 112(b).
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 1-3, 5-14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riemann (US 2,719,733).
Regarding claim 1, Riemann discloses an agricultural system for adjustably supporting a drawbar of an agricultural vehicle (as an automobile and a hitch therefor are capable of agricultural use), the agricultural system comprising:
a rear frame (including 8) of the agricultural vehicle;
a support member (including 21 and 22) fixed (via the structures to which it is attached) relative to the rear frame, the support member comprising a first support flange (including first 21, which is an edge projecting from a first 22 for supporting and attaching 22 and structure depending therefrom) and a second support flange (including second 21, which is an edge projecting from a second 22 for supporting and attaching 22 and structure depending therefrom) spaced apart from each other in a lateral direction (see Figs. 1 and 2), each of the first and second support flanges extending between a first longitudinal end (at or adjacent 22) and a second longitudinal end (at or adjacent 45 as shown in Figs. 1 and 2) along a longitudinal direction (along 17) of the agricultural vehicle (as a direction along 17 is transverse to 8) and defining flange holes (23) spaced apart from each other along the longitudinal direction (see Figs. 1 and 2);
a drawbar hanger (including 6, 24, and 47) comprising a bar support portion (including 6, which includes 7 and 9) and a saddle portion (including 24 and 47), the bar support portion (including 6) extending (between 45s) between a first lateral end (at or adjacent first 45) and a second lateral end (at or adjacent second 45) along the lateral direction (see Figs. 1 and 2), the bar support portion defining a first bar support hole (for first 45) positioned proximate the first lateral end and a second bar support hole (for second 45) positioned proximate the second lateral end, the first bar support hole being spaced apart from the second bar support hole in the lateral direction (see Figs. 1 and 2), the saddle portion (including 24 and 47) being fixed (via structure including 21 and 22) to the bar support portion (including 6) such that an opening is formed along the longitudinal direction between the saddle portion and the bar support portion (see Figs. 1 and 2); and
a drawbar (including 10, 11, 12, and 17) extending between a proximal end (at or including 12) and a distal end (at or including 10 and 11) along the longitudinal direction, the proximal end being receivable in the opening formed between the saddle portion and the bar support portion (received longitudinally therein as seen in Figs. 1 and 2, and received vertically therein as seen in Fig. 3), and the distal end being couplable to the rear frame (as 11 couples to 8, as seen in Fig. 3),
wherein the drawbar hanger (including 6, 24, and 47) is selectively positionable relative to the first and second support flanges (including first and second 21) along the longitudinal direction such that the first and second bar support holes (for 45 in 6) are aligned with respective ones of the flange holes (23) of the first and second support flanges (see col. 4, lines 4-58).
Regarding claim 2, Riemann discloses the first lateral end (at or adjacent first 45) of the bar support portion (including 6) at least partially overlapping the first support flange (including first 21; see Figs. 1 and 2), and the second lateral end (at or adjacent second 45) of the bar support portion at least partially overlapping the second support flange (including second 21; see Figs. 1 and 2).
Regarding claim 3, Riemann discloses one or more gusset members (32), each of the one or more gusset members extending between the saddle portion and the bar support portion (see Fig. 3, wherein 32 extends between 6 and 24).
Regarding claim 5, Riemann discloses the proximal end (at or including 12) of the drawbar having an extension portion (including portion of 12 extending from 13) that at least partially overlaps a longitudinal end surface (of 24) of the saddle portion (including 24 and 47) in both the lateral direction (see Figs. 1 and 2) and a vertical direction (see Fig. 3).
Regarding claim 6, Riemann discloses an adjustable stop (including 18) receivable within a slot (including 14 or that in 24 shown receiving 18) defined within one of the extension portion (including portion of 12 extending from 13) or the saddle portion (including 24 and 47), the adjustable stop being selectively movable within the slot (see Figs. 1-3) into contact with the other of the extension portion or the saddle portion (further, 18 being selectively positionable via 41).
Regarding claim 7, Riemann discloses the saddle portion (including 24 and 47) further comprising additional members (including 25), and the saddle portion (including 24, 25, and 47) having a u-shaped cross-section viewed along the longitudinal direction (vertically extending portions of 25 and horizontally extending portions of 25 and 24 forming a u-shape).
Regarding claim 8, Riemann discloses the agricultural system further comprising:
at least one first coupling element (first 45) insertable through the first bar support hole (in 6) and a respective one of the flange holes (23) of the first support flange (including first 21); and
at least one second coupling element (second 45) insertable through the second bar support hole (in 6) and a respective one of the flange holes (23) of the second support flange (including second 21).
Regarding claim 9, Riemann discloses the distal end (at or including 10 and 11) of the drawbar defining a plurality of openings (including 27 and/or 28) spaced apart along the longitudinal direction (10 and 11, as well as the walls thereof, being spaced longitudinally, and thus, respective holes therein being spaced longitudinally), wherein each of the plurality of openings defined at the distal end of the drawbar is selectively couplable to the rear frame (as the drawbar is selectively couplable to 8 via 27 and/or 28).
Regarding claim 10, Riemann discloses the drawbar hanger (including 6, 24, and 47) being selectively positionable (via 23 and 45, and/or via 46) relative to the first and second support flanges (including first and second 21) at a first longitudinal position (wherein 45s are applied to open 23s in Fig. 1, and/or wherein 46s are tightened from the position shown in Fig. 1) along the longitudinal direction or at a second longitudinal position (as shown in Fig. 1) along the longitudinal direction, the first longitudinal position being closer to the rear frame (including 8) along the longitudinal direction than the second longitudinal position (as 24 and 47 are closer to 8 in the first longitudinal position than in the second longitudinal position).
Regarding claim 11, Riemann discloses the first and second bar support holes (for 45 in 6) being aligned with a first pair of flange holes (of 23) of the first and second support flanges (including first and second 21) in the first longitudinal position (wherein 45s are applied to open 23s in Fig. 1) and the first and second bar support holes (for 45 in 6) are aligned with a separate, second pair of flange holes (of 23) of the first and second support flanges in the second longitudinal position (as shown in Fig. 1).
Regarding claim 12, Riemann discloses a drawbar support assembly for adjustably supporting a drawbar of an agricultural vehicle (as an automobile and a hitch therefor are capable of agricultural use), the drawbar support assembly comprising:
a support member (including 21 and 22) fixable (via the structures to which it is attached) relative to a rear frame (including 8) of the agricultural vehicle, the support member comprising a first support flange (including first 21, which is an edge projecting from a first 22 for supporting and attaching 22 and structure depending therefrom) and a second support flange (including second 21, which is an edge projecting from a second 22 for supporting and attaching 22 and structure depending therefrom) spaced apart from each other in a lateral direction (see Figs. 1 and 2), each of the first and second support flanges extending between a first longitudinal end (at or adjacent 22) and a second longitudinal end (at or adjacent 45 as shown in Figs. 1 and 2) along a longitudinal direction (along 17) of the agricultural vehicle (as a direction along 17 is transverse to 8) and defining flange holes (23) spaced apart from each other along the longitudinal direction (see Figs. 1 and 2);
a drawbar hanger (including 6, 24, and 47) comprising a bar support portion (including 6, which includes 7 and 9) and a saddle portion (including 24 and 47), the bar support portion (including 6) extending (between 45s) between a first lateral end (at or adjacent first 45) and a second lateral end (at or adjacent second 45) along the lateral direction (see Figs. 1 and 2), the bar support portion (including 24 and 47) defining a first bar support hole (for first 45) positioned proximate the first lateral end and a second bar support hole (for second 45) positioned proximate the second lateral end, the first bar support hole being spaced apart from the second bar support hole in the lateral direction (see Figs. 1 and 2), the saddle portion (including 24 and 47) being fixed (via structure including 21 and 22) to the bar support portion (including 6) such that an opening along the longitudinal direction is formed between the saddle portion and the bar support portion for receiving a drawbar (including 10, 11, 12, and 17) of the agricultural vehicle (see Figs. 1 and 2);
at least one first coupling element (first 45) insertable through the first bar support hole (in 6) and one of the flange holes (23) of the first support flange (including first 21); and
at least one second coupling element (second 45) insertable through the second bar support hole (in 6) and one of the flange holes (23) of the second support flange (including second 21),
wherein the drawbar hanger (including 6, 24, and 47) is selectively positionable relative to the first and second support flanges (including first and second 21) along the longitudinal direction such that the first and second bar support holes (for 45 in 6) are aligned with respective ones of the flange holes (23) of the first and second support flanges (see col. 4, lines 4-58).
Regarding claim 13, Riemann discloses first lateral end (at or adjacent first 45) of the bar support portion (including 6) at least partially overlapping the first support flange (including first 21; see Figs. 1 and 2), and the second lateral end (at or adjacent second 45) of the bar support portion at least partially overlapping the second support flange (including second 21; see Figs. 1 and 2).
Regarding claim 14, Riemann discloses one or more gusset members (32), each of the one or more gusset members extending between the saddle portion and the bar support portion (see Fig. 3, wherein 32 extends between 6 and 24).
Regarding claim 16, Riemann discloses an axis of each of the flange holes (23), the first bar support hole (for first 45), and the second bar support hole (for second 45) extending in a vertical direction (as they are aligned to receive a vertically extending longitudinal axis of 45).
Regarding claim 17, Riemann discloses an adjustable stop (including 18) receivable within a slot (for 18 in 24) defined within the saddle portion (see Fig. 2), the slot extending along the longitudinal direction (see Fig. 2), the adjustable stop being selectively movable within the slot (see Figs. 1-3) into contact with a drawbar (via contact in 14; further 18 being selectively positionable via 41).
Regarding claim 18, Riemann discloses the saddle portion (including 24 and 47) further comprising additional members (including 25), and the saddle portion (including 24, 25, and 47) having a u-shaped cross-section viewed along the longitudinal direction (vertically extending portions of 25 and horizontally extending portions of 25 and 24 forming a u-shape).
Regarding claim 19, Riemann discloses the drawbar hanger (including 6, 24, and 47) being selectively positionable (via 23 and 45) relative to the first and second support flanges (including first and second 21) at a first longitudinal position (as shown in Fig. 1) along the longitudinal direction or at a second longitudinal position (wherein 45s are applied to open 23s in Fig. 1) along the longitudinal direction, the first longitudinal position being closer to the second longitudinal end (at or adjacent 45 in Figs. 1 and 2) of the first and second support flanges than the second longitudinal position (as 6 is closer to the second longitudinal end of 21 in Fig. 1, wherein 6 contacts the second longitudinal end, than when 45s are applied to open 23s in Fig. 1, wherein the second longitudinal end is spaced from 6).
Regarding claim 20, Riemann discloses the first and second bar support holes (for 45 in 6) being aligned with a first pair of flange holes (of 23) of the first and second support flanges (including first and second 21) in the first longitudinal position (as shown in Fig. 1), and the first and second bar support holes (for 45 in 6) are aligned with a separate, second pair of flange holes (of 23) of the first and second support flanges in the second longitudinal position (wherein 45s are applied to open 23s in Fig. 1).
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 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Riemann.
Regarding claims 4 and 15, Riemann discloses the agricultural system and the drawbar support assembly of claims 1 and 12, respectively, as set forth above. Riemann does not explicitly disclose one or more gusset members, wherein the one or more gusset members is configured to receive the saddle portion of the drawbar hanger. However, Riemann teaches connecting members (including 25) having vertically extending flanges (for receiving 22), each of the connecting members extending between the saddle portion and the bar support portion (see Figs. 1 and 2), and wherein the connecting members are configured to receive the saddle portion (including 24 and 47) of the drawbar hanger. Also, Riemann teaches gussets (32) for reinforcing vertically extending flanges (including 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the connecting members (including 25) with gussets as taught by Riemann with respect to other structure, such that the connecting members are gusset members, in order to reinforce the structure. (See Riemann, col. 3, lines 24-27.) Additionally, providing the connecting members with gussets is a combination of prior art elements (i.e., connecting elements including 25 with gussets) according to known methods to yield predictable results (as Riemann teaches gussets with similar structure). See MPEP § 2143(I)(A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. In particular, Davis (US 1,518,311) and Calhoun (US 2,412,672) disclose systems and assemblies for adjustably supporting drawbars of agricultural vehicles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joel F. Mitchell whose telephone number is (571)272-7689. The examiner can normally be reached 9:30-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JFM/11/29/25
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671