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 22 objected to because of the following informalities:
The term “counter clockwise” as recited in claim 22, appears to be a typographical error. Appropriate correction to “counterclockwise” 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.
Claims 1, 5-6, 10-11, and 15-22 are rejected under 35 U.S.C. 103 as being unpatentable over Meier et al. (US 4739609 A) in view of Hoffman et al. (US 20110302897 A1).
Regarding claim 1, Meier teaches an agricultural machine system (Meier Col. 1, lines 6-7 "device for mowing and conditioning crops"), comprising:
an agricultural work vehicle (1) including an agricultural work vehicle frame (Meier Col. 3, line 49 " three-point quick hitch frame").
a mower-conditioner machine (Meier Col. 3, lines 48-52 "mower-conditioner machine") coupled with the agricultural work vehicle frame (Meier Col. 3, line 49 " three-point quick hitch frame") and including:
a mower-conditioner machine frame (5).
a conditioner (13) coupled with the mower-conditioner machine frame (5).
a swath gate (16) coupled with the mower-conditioner machine frame (5) and configured for encountering a flow of a crop material; and
a hood (15) coupled with the mower-conditioner machine frame (5), and including a plurality of fins (15') configured for directing a flow of the crop material from the conditioner (13), wherein a leading end of the plurality of fins extends aft of an outlet (via A; See Meier annotated Fig. 4 below) of the conditioner; and
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the hood (15) being positioned upstream of the swath gate (16), the plurality of fins (15') being configured for directing the flow of the crop material inwardly, and wherein the hood is fixed relative to the mower-conditioner machine frame (5), and the swath gate is configured for pivoting (16') relative to the mower-conditioner machine frame. (Meier Col. 4, lines 7-12 and annotated Fig. 1 and 2)
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However, Meier does not disclose the conditioner comprising two conditioner rolls.
Hoffman teaches the conditioner (20) comprising two conditioner rolls (21, 22). (See Hoffman annotated Fig. 1 and 5 below)
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It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the agricultural machine system as taught by Meier with the conditioning rolls as disclosed by Hoffman in order to increase conditioning effectiveness and throughput while reducing crop slippage and improving reliability when processing dense or high volume crop material.
Regarding claim 5, Meier teaches the agricultural machine system of claim 1, wherein the plurality of fins (15' via 15) is a first plurality of fins (15' via 15), the swath gate (16) including a second plurality of fins (15' via 16) configured for directing the flow of the crop material. (See Meier annotated Fig. 2 below)
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Regarding claim 6, Meier teaches a mower-conditioner machine (Meier Col. 3, lines 48-52 "mower-conditioner machine") of an agricultural machine system (Meier Col. 1, lines 6-7 "device for mowing and conditioning crops"), the agricultural machine system including an agricultural work vehicle (1) including an agricultural work vehicle frame (Meier Col. 3, line 49 " three-point quick hitch frame"), the mower-conditioner machine being coupled with the agricultural work vehicle frame, the mower-conditioner machine comprising:
a mower-conditioner machine frame (5).
a conditioner (13) coupled with the mower-conditioner machine frame. (Meier Col. 1, lines 6-12 "coupling frame")
a swath gate (16) coupled with the mower-conditioner machine frame and configured for encountering a flow of a crop material; and (Meier Col. 2, lines 49-55)
a hood (15) coupled with the mower-conditioner machine frame, and including a plurality of fins (15’) configured for directing a flow of the crop material from the conditioner (13), wherein a leading end of the plurality of fins extends aft of an outlet (via A; See Meier annotated Fig. 4 below) of the conditioner; and
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the hood (15) being positioned upstream of the swath gate (16), the plurality of fins (15') being configured for directing the flow of the crop material inwardly, and wherein the hood is fixed relative to the mower-conditioner machine frame (5), and the swath gate is configured for pivoting (16') relative to the mower-conditioner machine frame. (Meier Col. 4, lines 7-12 and annotated Fig. 1 and 2)
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However, Meier does not disclose the conditioner comprising two conditioner rolls.
Hoffman teaches the conditioner (20) comprising two conditioner rolls (21, 22). (See Hoffman annotated Fig. 1 and 5 below)
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It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the agricultural machine system as taught by Meier with the conditioning rolls as disclosed by Hoffman in order to increase conditioning effectiveness and throughput while reducing crop slippage and improving reliability when processing dense or high volume crop material.
Regarding claim 10, Meier teaches the mower-conditioner machine of claim 6, wherein the plurality of fins (15' via 15) is a first plurality of fins (15' via 15), the swath gate (16) including a second plurality of fins (15' via 16) configured for directing the flow of the crop material. (See Meier annotated Fig. 2 below)
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Regarding claim 11, Meier teaches a method of using an agricultural machine system (Meier Col. 1, lines 6-7 "device for mowing and conditioning crops"), the method comprising the steps of:
providing the agricultural machine system (Meier Col. 1, lines 6-7 "device for mowing and conditioning crops"), which includes an agricultural work vehicle (1) and a mower-conditioner machine (Meier Col. 3, lines 48-52 "mower-conditioner machine"), the agricultural work vehicle including an agricultural work vehicle frame (Meier Col. 3, line 49 " three-point quick hitch frame"), the mower-conditioner machine being coupled with the agricultural work vehicle frame and including a mower-conditioner machine frame (See Col. 3, lines 48-52 "mower-conditioner machine"), a conditioner coupled with the mower- conditioner machine frame (See Col. 1, lines 6-12 "coupling frame"), a swath gate (16) coupled with the mower-conditioner machine frame and configured for encountering a flow of a crop material, and a hood (15) coupled with the mower-conditioner machine frame (5), the hood being positioned upstream of the swath gate, the plurality of fins (15') being configured for directing the flow of the crop material inwardly, and wherein the hood is fixed relative to the mower-conditioner machine frame, and the swath gate is configured for pivoting (16') relative to the mower-conditioner machine frame; and (Meier Col. 4, lines 7-12 and annotated Fig. 1 and 2)
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directing, by a plurality of fins (15') of the hood (15), a flow of the crop material from the conditioner (13), and wherein a leading end of the plurality of fins extends aft of an outlet (via A; See Meier annotated Fig. 4 below) of the conditioner.
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However, Meier does not disclose the conditioner comprising two conditioner rolls.
Hoffman teaches the conditioner (20) comprising two conditioner rolls (21, 22). (See Hoffman annotated Fig. 1 and 5 below)
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It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the agricultural machine system as taught by Meier with the conditioning rolls as disclosed by Hoffman in order to increase conditioning effectiveness and throughput while reducing crop slippage and improving reliability when processing dense or high volume crop material.
Regarding claim 15, Meier teaches the method of claim 11, wherein the plurality of fins (15' via 15) is a first plurality of fins (15' via 15), the swath gate including a second plurality of fins (15' via 16) configured for directing the flow of the crop material. (See Meier annotated Fig. 2 below)
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Regarding claim 16, Meier teaches the agricultural machine system of claim 1, wherein the plurality of fins (15') each comprise a body including a base and a crop-directing portion on the hood (15). (See Meier annotated Fig. 2 below)
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However, Meier fails to disclose the base including fastener holes configured to connect the fin to the hood.
Hoffman teaches an agricultural machine including fins (50) mounted on the swath gate (40) (See Hoffman annotated Fig. 4 below). As shown in Fig. 5, the fins include a plurality of receptacles (62) extending through the fin surfaces, which would be understood by one of ordinary skill in the art as fastener holes. Thus, Hoffman teaches the limitation of 'a plurality of fins having holes configured to connect the fin to the hood,' as recited in claim 16.
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It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the agricultural machine system as taught by Meier so as to utilize a plurality of receptacles as disclosed by Hoffman to give a secure, modular, and serviceable attachment to the hood. Thus, making the fins easily replaceable and possibly adjustable.
Regarding claim 17, Meier teaches the agricultural machine system of claim 5, wherein the first plurality of fins (15' via 15) and the second plurality of fins (15' via 16) are parallel to one another on a respective side of a longitudinally extending midline of the mower-conditioner machine. (See Meier annotated Fig. 2 below)
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Regarding claim 18, Meier teaches the agricultural machine system of claim 5, wherein the first plurality of fins (15' via 15) are parallel to one another on a respective side of a longitudinally extending midline of the mower-conditioner machine, and the second plurality of fins (15' via 16) are parallel to one another on a respective side of the longitudinally extending midline of the mower-conditioner machine. (See Meier annotated Fig. 2 below)
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Regarding claim 19, Meier teaches the agricultural machine system of claim 5, wherein an angle of the second plurality of fins (See Meier Fig. 2 below; It appears that the second plurality of fins (15') on the swath gate (16) are inwardly angled with respect to the reference line at about 45 degrees) with respect to the longitudinally extending midline of the mower- conditioner machine is greater than an angle of the first plurality of fins (See Meier Fig. 2 below; It appears that the first plurality of fins (15') on the hood (15) are inwardly angled with respect to the reference line at about 20 degrees) with respect to the longitudinally extending midline of the mower-conditioner machine.
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Regarding claim 20, Meier teaches the agricultural machine system of claim 1, wherein the hood (15) and the swath gate (16) include crop control surfaces (See Meier annotated Fig. 2 below) on a bottom of the hood and the swath gate, each of control surfaces being configured to be engaged by the flow of crop material, which flows from a cutting mechanism (10), to the conditioner (13), to the hood, and to the swath gate at least substantially in that order (See Meier annotated Fig. 1 below).
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Regarding claim 21, Meier teaches the agricultural machine system of claim 1.
However, Meier does not disclose wherein the two conditioner rolls rotate opposite of one another.
Hoffman teaches wherein the two conditioner rolls (21, 22) rotate opposite of one another. (See Hoffman annotated Fig. 1 and 5 below)
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It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the agricultural machine system as taught by Meier with the conditioning rolls as disclosed by Hoffman in order to increase conditioning effectiveness and throughput while reducing crop slippage and improving reliability when processing dense or high volume crop material.
Regarding claim 22, Meier teaches the agricultural machine system of claim 21.
However, Meier does not disclose wherein a top roll of the two conditioner rolls rotates in a clockwise direction and a bottom roll of the two conditioner rolls rotates in a counter clockwise direction and form a gap between the top roll and the bottom roll through which the crop material flows.
Hoffman teaches wherein a top roll (21) of the two conditioner rolls rotates in a clockwise direction and a bottom roll (22) of the two conditioner rolls rotates in a counter clockwise direction and form a gap between the top roll and the bottom roll through which the crop material (1) flows. (See Hoffman annotated Fig. 1 and 5 below)
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Hoffman also states, "Conditioning rolls 21, 22 are closely spaced apart on parallel, transverse axes such that a gap is created therebetween through which severed crop material 1 passes." (See Hoffman Pg. 2, ¶ [0021], lines 17-20)
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the agricultural machine system as taught by Meier with the conditioning rolls as disclosed by Hoffman in order to increase conditioning effectiveness and throughput while reducing crop slippage and improving reliability when processing dense or high volume crop material.
Claims 2, 7, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Meier et al. (US 4739609 A) in view of Hoffman et al. (US 20110302897 A1) as applied to claims 1, 5-6, 10-11, and 15-22 above, and further in view of Hill (US 10477774 B2).
Regarding claim 2, Meier, as part of the assembly taught by the combined teachings of Meier, in view of Hoffman, teaches the agricultural machine system of claim 1.
However, Meier in view of Hoffman fails to disclose wherein the agricultural work vehicle is a self-propelled windrower, and the mower-conditioner machine is a header.
Hill teaches wherein the agricultural work vehicle is a self-propelled windrower (10), and the mower-conditioner machine is a header (22).
Hill states, “a conventional self-propelled mower-conditioner 10 is operable to mow and collect standing crop in a field, condition the cut crop as it moves through the machine to improve its drying characteristics, and then return the conditioned material to the field in a windrow or swath. The windrower 10 includes a main frame 12 supported on driven right and left front wheels 14R and 14L, respectively and on right and left caster mounted rear wheels, of which only a left rear wheel 16L is shown. Carried on a forward end region of the frame 12 is a cab 18. Mounted on the frame 12 behind the cab 18 is a housing 20 within which is located a power source (not shown) such as an internal combustion engine. A harvesting header 22 is coupled, in a well-known manner, so as to be supported by the forward end of the frame 12. Operator controls (not shown) are provided in the cab 18 for operation of the mower-conditioner 10, including the attached harvesting header 22.” (Hill Col. 3, lines 35-52)
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the agricultural machine system as taught by Meier in view of Hoffman so as to utilize a self-propelled mower-conditioner as disclosed by Hill to provide superior crop through, field efficiency, ease of use, and multi-crop adaptability. The self-propelled base combined with a mower-conditioner header is ideal for production in high acreage forage operations.
Regarding claim 7, Meier, as part of the assembly taught by the combined teachings of Meier, in view of Hoffman, teaches the agricultural machine system of claim 6.
However, Meier in view of Hoffman fails to disclose wherein the mower-conditioner machine is a header which is configured for coupling with the agricultural work vehicle formed as a self-propelled windrower.
Hill teaches wherein the mower-conditioner machine is a header (22) which is configured for coupling with the agricultural work vehicle formed as a self-propelled windrower (10).
Hill states, “a conventional self-propelled mower-conditioner 10 is operable to mow and collect standing crop in a field, condition the cut crop as it moves through the machine to improve its drying characteristics, and then return the conditioned material to the field in a windrow or swath. The windrower 10 includes a main frame 12 supported on driven right and left front wheels 14R and 14L, respectively and on right and left caster mounted rear wheels, of which only a left rear wheel 16L is shown. Carried on a forward end region of the frame 12 is a cab 18. Mounted on the frame 12 behind the cab 18 is a housing 20 within which is located a power source (not shown) such as an internal combustion engine. A harvesting header 22 is coupled, in a well-known manner, so as to be supported by the forward end of the frame 12.” (Hill Col. 3, lines 35-51)
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the agricultural machine system as taught by Meier in view of Hoffman so as to utilize a self-propelled mower-conditioner as disclosed by Hill to make the header modular to maximize operational flexibility, efficiency, and serviceability. Thus, making it ideal for multi-crop farming operations.
Regarding claim 12, Meier, as part of the assembly taught by the combined teachings of Meier, in view of Hoffman, teaches the method of claim 11.
However, Meier in view of Hoffman fails to disclose wherein the agricultural work vehicle is a self-propelled windrower, and the mower-conditioner machine is a header.
Hill teaches wherein the agricultural work vehicle is a self-propelled windrower (10), and the mower-conditioner machine is a header (22).
Hill states, “a conventional self-propelled mower-conditioner 10 is operable to mow and collect standing crop in a field, condition the cut crop as it moves through the machine to improve its drying characteristics, and then return the conditioned material to the field in a windrow or swath. The windrower 10 includes a main frame 12 supported on driven right and left front wheels 14R and 14L, respectively and on right and left caster mounted rear wheels, of which only a left rear wheel 16L is shown. Carried on a forward end region of the frame 12 is a cab 18. Mounted on the frame 12 behind the cab 18 is a housing 20 within which is located a power source (not shown) such as an internal combustion engine. A harvesting header 22 is coupled, in a well-known manner, so as to be supported by the forward end of the frame 12. Operator controls (not shown) are provided in the cab 18 for operation of the mower-conditioner 10, including the attached harvesting header 22.” (Hill Col. 3, lines 35-52)
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the agricultural machine system as taught by Meier in view of Hoffman so as to utilize a self-propelled mower-conditioner as disclosed by Hill to provide superior crop through, field efficiency, ease of use, and multi-crop adaptability. The self-propelled base combined with a mower-conditioner header is ideal for production in high acreage forage operations.
Response to Arguments
Applicant's arguments filed 25 November 2025 have been fully considered but they are not persuasive. Applicant amended claims 1, 6, and 11 to recite that the conditioner comprises two conditioner rolls and added new claims 21 and 22. Applicant argues that Meier does not disclose two conditioner rolls.
The argument is not persuasive because the rejection is based on Meier in view of Hoffman. Hoffman discloses a conditioner 20 comprising two conditioner rolls, including an upper roll 21 and a lower roll 22 that rotate in opposite directions to define a gap through which crop material 1 flows (See Hoffman Pg. 2, ¶ [0021], lines 17-20). Accordingly, the applied prior art teaches the amended limitations, and the rejection of claims 1, 6, 11, 21, and 22 remains proper.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE ANTONIO MARTINEZ whose telephone number is (571)272-5896. The examiner can normally be reached M-F 7:30-5.
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JOSE ANTONIO. MARTINEZ
Examiner
Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671