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 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.
Claim 13 is 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 13 recites the limitation "the other of the drawbar hanger or the drawbar" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. Claim 13 is being further examined as though "the other of the drawbar hanger or the drawbar" reads "the drawbar" in lines 3-4.
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, 5-12, and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Graham (US 2,873,982).
Regarding claim 1, Graham discloses a system for towing with an agricultural vehicle, the system comprising:
a drawbar hanger (including 17, 17', 21) fixable ("relatively fixed" as described in col. 2, lines 46-52) to a rear frame of the agricultural vehicle (see Fig. 1), the drawbar hanger defining an opening (shown receiving D' in Figs. 4-6) along a longitudinal direction;
a drawbar (including D') extending between a proximal end and a distal end along the longitudinal direction, the proximal end being receivable in the opening defined by the drawbar hanger (see Figs. 4-6), the distal end being couplable to the rear frame (via 25, 26, and/or D, or alternatively, in considering 25, 26, and/or D as part of the rear frame); and
an adjustable stop member (including H, P) receivable within a slot defined within one of the drawbar hanger (between 23s and/or 23's) or the drawbar (between 27 and 27'), the adjustable stop member being selectively movable within the slot to allow the adjustable stop member to be brought into contact with the other of the drawbar hanger or the drawbar (see Figs. 4-6).
Regarding claim 2, Graham discloses the proximal end of the drawbar having an extension portion (including 29) that at least partially overlaps a longitudinal end surface of the drawbar hanger in both a lateral direction and a vertical direction (see Figs. 1, 2).
Regarding claim 3, Graham discloses the drawbar hanger comprising a bar support portion (including 17, 17') and a saddle portion (including 21), the opening being defined between the bar support portion and the saddle portion (see Fig. 6), the longitudinal end surface being part of a bottom saddle wall (bottom wall of 21 seen in Fig. 6) of the saddle portion.
Regarding claim 5, Graham discloses the slot (between 27 and 27') being defined within the proximal end of the drawbar (including D'), the adjustable stop member being selectively movable within the slot to allow the adjustable stop member to be brought into contact with the drawbar hanger (see Figs. 4-6).
Regarding claim 6, Graham discloses the slot (between 23s and/or 23's) being defined within the drawbar hanger (including 17, 17', 21), the adjustable stop member being selectively movable within the slot to allow the adjustable stop member to be brought into contact with the proximal end of the drawbar (see Figs. 4-6).
Regarding claim 7, Graham discloses the drawbar hanger comprising a bar support portion (including 17, 17') and a saddle portion (including 23, 23', and bottom wall of 21 seen in Fig. 6), the opening being defined between the bar support portion and the saddle portion (see Fig. 6),
the system further comprising a gusset member (including that which is shown along the bottom side of 22' in Fig. 3 and is shown along the left side of 22' in Fig. 6), the gusset member being configured to at least partially receive the saddle portion (as the gusset member is attached along 23').
Regarding claim 8, Graham discloses the bar support portion (including 17, 17') extending along a lateral direction between a first support wall (including or of 22') and a second support wall (including or of 22) of the drawbar hanger (see Fig. 6),
wherein the gusset member extends from the saddle portion (including 23, 23', and bottom wall of 21 seen in Fig. 6) to at least one of the first support wall or the second support wall (see Figs. 2, 6).
Regarding claim 9, Graham discloses a locking fastener (including 37 and/or 39) between at least a portion of the adjustable stop member (including H, P) and the slot (between 27 and 27', or between 23s and/or 23's), the locking fastener preventing the adjustable stop member from moving relative to the slot due to vibration of the agricultural vehicle (as 37 and 39 secure P and prevent P from being lifted out).
Regarding claim 10, Graham discloses an assembly for supporting a drawbar of an agricultural vehicle, the assembly comprising:
a drawbar hanger (including 17, 17', 21) configured to be fixed relative to a rear frame of the agricultural vehicle (see Fig. 1), the drawbar hanger comprising a bar support portion (including 17, 17') and a saddle portion (including 23, 23', and bottom wall of 21 seen in Fig. 6), the saddle portion being fixed to the bar support portion such that an opening along a longitudinal direction is formed between the saddle portion and the bar support portion for receiving the drawbar (including D') of the agricultural vehicle (see Fig. 6); and
an adjustable stop member (including H, P) receivable within a slot defined within the saddle portion (between 23s and/or 23's), the adjustable stop member being selectively movable within the slot to allow the adjustable stop member to be brought into contact with the drawbar when the drawbar is received within the opening (see Figs. 4-6).
Regarding claim 11, Graham discloses the slot (between 23s and/or 23's) being defined in a longitudinal end surface of the saddle portion (rear end surface of the saddle portion viewed in the longitudinal direction, i.e., including the end surfaces of 23 and 23' opposing those shown in Fig. 6 and including the left end surface of the bottom wall of 21 seen in Figs. 4 and 5), the longitudinal end surface of the saddle portion at least partially overlaps the drawbar in both a lateral direction and a vertical direction when the drawbar is received within the opening (as the drawbar includes 29, which extends downwardly and overlaps the bottom wall of 21 in vertical and lateral dimensions).
Further regarding claim 11, Graham alternatively discloses the slot (between 23s and/or 23's) being defined in a longitudinal end surface of the saddle portion (including longitudinally extending end surfaces of 23 and 23' seen in Fig. 3 and including the upwardly facing surface of 21 covered by D' in Fig. 3), the longitudinal end surface of the saddle portion at least partially overlaps a drawbar in both a lateral direction and a vertical direction when a drawbar is received within the opening (as D' laterally and vertically overlaps the upwardly facing surface of 21 which D' overlaps in Fig. 3).
Regarding claim 12, Graham discloses the longitudinal end surface (rear end surface of the saddle portion viewed in the longitudinal direction, i.e., including the end surfaces of 23 and 23' opposing those shown in Fig. 6 and including the left end surface of the bottom wall of 21 seen in Figs. 4 and 5) being part of a bottom saddle wall (including the bottom wall of 21 seen in Fig. 6) of the saddle portion.
Regarding claim 12, Graham alternatively discloses the longitudinal end surface (including longitudinally extending end surfaces of 23 and 23' seen in Fig. 3 and including the upwardly facing surface of 21 covered by D' in Fig. 3) being part of a bottom saddle wall (the upwardly facing surface of 21 covered by D' in Fig. 3 being part of the bottom wall of 21 seen in Fig. 6) of the saddle portion.
Regarding claim 14, Graham discloses a gusset member (including that which is shown along the bottom side of 22' in Fig. 3 and is shown along the left side of 22' in Fig. 6), the gusset member being configured to at least partially receive the saddle portion (as the gusset member is attached along 23').
Regarding claim 15, Graham discloses the bar support portion (including 17, 17') extending along a lateral direction between a first support wall (including or of 22') and a second support wall (including or of 22) of the drawbar hanger (see Fig. 6),
wherein the gusset member extends from the saddle portion (including 23, 23', and bottom wall of 21 seen in Fig. 6) to at least one of the first support wall or the second support wall (see Figs. 2, 6).
Regarding claim 16, Graham discloses a locking fastener (including 37 and/or 39) between at least a portion of the adjustable stop member (including H, P) and the slot (between 23s and/or 23's), the locking fastener preventing the adjustable stop member from moving relative to the slot due to vibration of the agricultural vehicle (as 37 and 39 secure P and prevent P from being lifted out).
Regarding claim 17, Graham discloses a system for towing with an agricultural vehicle, the system comprising:
a drawbar hanger (including 17, 17', 21) fixable ("relatively fixed" as described in col. 2, lines 46-52) to a rear frame of the agricultural vehicle (see Fig. 1), the drawbar hanger comprising a bar support portion (including 17, 17') and a saddle portion (including 23, 23', and bottom wall of 21 seen in Fig. 6), the saddle portion being fixed to the bar support portion such that an opening is formed along a longitudinal direction between the saddle portion and the bar support portion (see Fig. 6); and
a drawbar (including D') extending between a proximal end and a distal end along the longitudinal direction, the proximal end being receivable in the opening formed between the saddle portion and the bar support portion (see Fig. 6), and the distal end being couplable to the rear frame (via 25, 26, and/or D, or alternatively, in considering 25, 26, and/or D as part of the rear frame),
wherein the proximal end of the drawbar (including 29) at least partially overlaps a longitudinal end surface of the saddle portion in both a lateral direction and a vertical direction (see Figs. 1, 2).
Regarding claim 18, Graham discloses an adjustable stop member (including H, P) receivable within a slot defined within the proximal end of the drawbar (between 27 and 27'), the adjustable stop member being selectively movable within the slot such that a length of the adjustable stop member (the vertical length of P seen in Fig. 3) protruding from the slot (protruding from the slot when moved upward or positioned as shown in Fig. 5) and towards the saddle portion (said length being towards 22 and/or 22') is adjusted to allow the adjustable stop member to be brought into contact with the saddle portion (see Figs. 4-6).
Regarding claim 19, Graham discloses the longitudinal end surface being part of a bottom saddle wall (including the bottom wall of 21 seen in Fig. 6) of the saddle portion.
Claims 1-7, 9-14, and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lux (US 2,273,410).
Regarding claim 1, Lux discloses a system for towing with an agricultural vehicle, the system comprising:
a drawbar hanger (including 9, 12, 27, 28, and 33) fixable (via structure including 10, 5, 8, 14, and/or 18) to a rear frame of the agricultural vehicle (6), the drawbar hanger defining an opening (within 12 and above 9) along a longitudinal direction (see Figs. 2-4 and 7, wherein a longitudinal direction is horizontal in Figs. 2-4 and is a direction into and out of Fig. 7);
a drawbar (including 8, 21, 22, and 26) extending between a proximal end and a distal end along the longitudinal direction (see Figs. 1-4), the proximal end being receivable in the opening (within 12 and above 9) defined by the drawbar hanger (see Figs. 2-4 and 7), the distal end being couplable (via 5) to the rear frame; and
an adjustable stop member (including 25) receivable within a slot defined within one of the drawbar hanger (within 33) or the drawbar (within 26), the adjustable stop member being selectively movable within the slot to allow the adjustable stop member to be brought into contact with the other of the drawbar hanger or the drawbar (see Figs. 2-4).
Regarding claim 2, Lux discloses the proximal end of the drawbar having an extension portion (including 26) that at least partially overlaps a longitudinal end surface of the drawbar hanger (including that of 33, which is shown longitudinally aligned with 26 in Figs. 2-4 and 10) in both a lateral direction (see Fig. 10) and a vertical direction (see Figs. 2-4).
Regarding claim 3, Lux discloses the drawbar hanger comprising a bar support portion (including 12) and a saddle portion (including 9, 27, 28, and 33), the opening being defined between the bar support portion and the saddle portion (see Figs. 2-4 and 7). Further, Lux discloses the longitudinal end surface (including that of 33) being part of a bottom saddle wall of the saddle portion in the embodiment of Fig. 9.
Regarding claim 4, Lux discloses the slot (within 33 or 26) extending along the longitudinal direction (see Figs. 2-4), and the adjustable stop member (including 25) being selectively movable within the slot such that a length of the adjustable stop member protruding from the slot and towards the other of the drawbar hanger or the drawbar in the longitudinal direction is adjusted (see movement between Fig. 4 and Figs. 2 and 3, wherein a length of 25 between 26 and 33 is adjusted).
Regarding claim 5, Lux discloses the slot (within 26) being defined within the proximal end of the drawbar (including 8, 21, 22, and 26), and the adjustable stop member (including 25) being selectively movable within the slot to allow the adjustable stop member to be brought into contact with the drawbar hanger (at 33).
Regarding claim 6, Lux discloses the slot (within 33) being defined within the drawbar hanger (including 9, 12, 27, 28, and 33), and the adjustable stop member (including 25) being selectively movable within the slot to allow the adjustable stop member to be brought into contact with the proximal end of the drawbar (at 26).
Regarding claim 7, Lux discloses the drawbar hanger comprising a bar support portion (including 12) and a saddle portion (including 9, 27, 28, and 33), the opening being defined between the bar support portion and the saddle portion,
the system further comprising a gusset member (including or of 29), the gusset member being configured to at least partially receive the saddle portion (see Figs. 2-4).
Regarding claim 9, Lux discloses a locking fastener (including 30) between (horizontally between in Figs. 2-4, which is "between" as described and shown by Applicant) at least a portion of the adjustable stop member (including 25) and the slot (within 33 or 26), the locking fastener preventing the adjustable stop member from moving relative to the slot due to vibration of the agricultural vehicle (as 30 secures an end of 25).
Regarding claim 10, Lux discloses an assembly for supporting a drawbar of an agricultural vehicle, the assembly comprising:
a drawbar hanger (including 9, 12, 27, 28, and 33) configured to be fixed (via structure including 10, 5, 8, 14, and/or 18) relative to a rear frame of the agricultural vehicle (6), the drawbar hanger comprising a bar support portion (including 12) and a saddle portion (including 9, 27, 28, and 33), the saddle portion being fixed to the bar support portion such that an opening (within 12 and above 9) along a longitudinal direction (see Figs. 2-4 and 7, wherein a longitudinal direction is horizontal in Figs. 2-4 and is a direction into and out of Fig. 7) is formed between the saddle portion and the bar support portion for receiving the drawbar (including 8 and 26) of the agricultural vehicle; and
an adjustable stop member (including 25) receivable within a slot (within 33) defined within the saddle portion, the adjustable stop member being selectively movable within the slot to allow the adjustable stop member to be brought into contact with the drawbar (at 26) when the drawbar is received within the opening (see Figs. 2-4).
Regarding claim 11, Lux discloses the slot (within 33) being defined in a longitudinal end surface (including that of 33) of the saddle portion, the longitudinal end surface of the saddle portion at least partially overlaps the drawbar (including 8 and 26, where 26 is shown longitudinally aligned with 33 in Figs. 2-4 and 10) in both a lateral direction (see Fig. 10) and a vertical direction (see Figs. 2-4) when the drawbar is received within the opening.
Regarding claim 12, Lux discloses the longitudinal end surface being part of a bottom saddle wall of the saddle portion in the embodiment of Fig. 9.
Regarding claim 13, Lux discloses the slot (within 33) extending along the longitudinal direction (see Figs. 2-4), and the adjustable stop member (including 25) being selectively movable within the slot such that a length of the adjustable stop member protruding from the slot and towards the drawbar (including 8 and 26) in the longitudinal direction is adjusted (see movement between Fig. 4 and Figs. 2 and 3, wherein a length of 25 between 26 and 33 is adjusted).
Regarding claim 14, Lux discloses a gusset member (including or of 29), and the gusset member being configured to at least partially receive the saddle portion (see Figs. 2-4).
Regarding claim 16, Lux discloses a locking fastener (including 30) between (horizontally between in Figs. 2-4, which is "between" as described and shown by Applicant) at least a portion of the adjustable stop member (including 25) and the slot (within 33), and the locking fastener preventing the adjustable stop member from moving relative to the slot due to vibration of the agricultural vehicle (as 30 secures an end of 25).
Regarding claim 17, Lux discloses a system for towing with an agricultural vehicle, the system comprising:
a drawbar hanger (including 9, 12, 27, 28, and 33) fixable (via structure including 10, 5, 8, 14, and/or 18) to a rear frame of the agricultural vehicle (6), the drawbar hanger comprising a bar support portion (including 12) and a saddle portion (including 9, 27, 28, and 33), the saddle portion being fixed to the bar support portion such that an opening (within 12 and above 9) is formed along a longitudinal direction between the saddle portion and the bar support portion (see Figs. 2-4 and 7, wherein a longitudinal direction is horizontal in Figs. 2-4 and is a direction into and out of Fig. 7); and
a drawbar (including 8, 21, 22, and 26) extending between a proximal end and a distal end along the longitudinal direction (see Figs. 1-4), the proximal end being receivable in the opening (within 12 and above 9) defined by the drawbar hanger (see Figs. 2-4 and 7), the distal end being couplable (via 5) to the rear frame,
wherein the proximal end (including 26) of the drawbar at least partially overlaps a longitudinal end surface (including that of 33, which is shown longitudinally aligned with 26 in Figs. 2-4 and 10) of the saddle portion of the drawbar hanger in both a lateral direction (see Fig. 10) and a vertical direction (see Figs. 2-4).
Regarding claim 18, Lux discloses an adjustable stop member (including 25) receivable within a slot defined within one of the saddle portion (within 33) or the proximal end of the drawbar (within 26), and the adjustable stop member being selectively movable within the slot such that a length of the adjustable stop member protruding from the slot and towards the other of the saddle portion or the proximal end of the drawbar is adjusted (see movement between Fig. 4 and Figs. 2 and 3, wherein a length of 25 between 26 and 33 is adjusted) to allow the adjustable stop member to be brought into contact with the other of the saddle portion or the proximal end of the drawbar (see Figs. 2-4).
Regarding claim 19, Lux discloses the longitudinal end surface being part of a bottom saddle wall of the saddle portion in the embodiment of Fig. 9.
Response to Arguments
Applicant's arguments filed 5/14/2025 have been fully considered but they are not persuasive. Applicant argues:
"It is respectfully submitted that Graham does not anticipate or suggest a drawbar hanger as recited in claim 1.
For instance, the bars 17, 17' and the yoke 21 of Graham are fixed to the stem 16, and the stem 16 is pivotably coupled to the box frame 10 such that the bars 17, 17' and the yoke 21 of Graham are not 'fixable' to the rear frame of the agricultural vehicle. For instance, as provided above, Graham specifically teaches that the 'coupling pin 19, of course extends through registering openings in the spaced link bars 15 and through one or another of the openings 18 thereby pivotally to secure the drawbar to the frame,' for instance, such that 'entire drawbar assembly may be swung to one side or the other to effect any needed lateral alignment of the rear end of draw bar D with the tongue to which it is being coupled.' (Graham, col. 2, ll. 58-61; col. 4, ll. 58-62; emphasis added). As such, one of ordinary skill in the art would not consider the bars 17, 17' and the yoke 21 of Graham to be fixable to the frame of the agricultural vehicle.
Thus, Graham fails to teach or suggest 'a drawbar hanger fixable to a rear frame of the agricultural vehicle, the drawbar hanger defining an opening along a longitudinal direction,' as currently recited in claim 1." (See Remarks of 5/14/2025, labeled p. 9, emphasis Applicant's.)
Applicant's argument is unpersuasive because the identified drawbar hanger (including 17, 17', 21) of Graham is considered "fixable" when giving the term its broadest reasonable interpretation in light of the specification. Graham explicitly recites that "The relatively fixed draft member D in this instance is composed in part of a steel bar 16 forming a stem which is disposed between the bars 15 of the frame 10 and is pivoted thereto, and a pair of steel bars 17, 17' extending rearward in parallel spaced relationship to one another from the rear end of stem 16 to which they are rigidly secured by any suitable means such as by welding." (See Graham, col. 2, lines 46-52, emphasis added.) Since the identified drawbar hanger (including 17, 17', 21) of Graham is "relatively fixed" as described by Graham and "pivotably coupled" as admitted by Applicant, it is considered to be "fixable" as claimed. Also, one of ordinary skill in the art would recognize the structure of 14 having holes in Graham (see Fig. 2) is used for fixing pivoting movement. Similar structure is detailed in Prilipp et al. (US, 1,542,581), p. 1, lines 85-96. Further, the manner in or degree to which the drawbar hanger is "fixable" is not claimed, and a reading of the specification provides no evidence to indicate that such limitations must be importing into the claims to give meaning to terms within the claims. Constant v. Advanced Micro-Devices Inc., 7 USPQ2d 1064. Additionally, to require specific details not positively recited in the claims would require improperly imparting limitations from the specification into the claims, in direct contradiction of para. 0040 in the instant specification.
Applicant argues that claims 10 and 17 are patentable over Graham for at least the reasons provided for claim 1. These arguments are not persuasive because the reasons provided for claim 1 are not persuasive. Additionally, Applicant's argument with respect to claim 10 states claim 10 recites claim language that is not found within claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. As noted above, Prilipp et al. (US 1,542,581) details holding drawbar structure at a desired angle (see p. 1, lines 85-96) with structure similar to that shown by Graham. Additionally, Casad et al. (US 4,007,945) discloses a system comprising a drawbar hanger (including 42, 44, 53), a drawbar (including 46 and 71), and an adjustable member (including 47 and/or 49) as claimed.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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.
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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.
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/JFM/11/22/25
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671