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 Arguments
Applicant’s arguments with respect to Tamm have been considered but are moot because the new ground of rejection does not rely on this reference. Applicant’s arguments and amendments to the independent claims have overcome the Tamm reference. New limitations regarding the housing comprising two slots as well as a second joint assembly comprising a second slot is a distinction over the reference Tamm. In addition, modification of Tamm to include the new limitations would render it unsatisfactory for its intended purpose. There is no reason to include a second slot or second joint assembly with a slot in a hypothetical modification of Tamm.
Tamm remains a pertinent piece of prior art; however, the newly amended claims still read on wing hinges that contain a vertical translation component. Applicant’s arguments drawn to the reference Dobson are not persuasive and Dobson is now presented as an anticipatory reference.
More specifically, Dobson does contain multiple joint assemblies with two slots wherein the pin translates within the slots with a vertical translation component. Although the vertical component may be small, it is considered to meet the amended claim language.
Claim Rejections - 35 USC § 112
The text of the 112(b) section of Title 35, U.S. Code is not included in this action and can be found in a prior Office action.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 8 states “a locking actuator configured to couple to a wheel assembly of the wing frame” as well as “the locking actuator [being] configured to control a position of the pin within the slot”. Upon review of the specification and drawings, only the “lifting actuator (30)” is stated to be coupled to the wheel assembly. The specification and drawings don’t seem to support the locking actuator (48) being coupled to the wheel assemblies. In fact, the specification appears to consistently reference the actuators as having separate functions (para [0028]-[0029], para [0042]-[0043]). It does not appear the specification and drawings support the claimed subject matter in claim 8. To overcome this rejection, Examiner suggests amending claim 8 to include both the lifting actuator and locking actuator and clearly stating the function of each (lifting actuator appears to couple to the wheel assembly; locking actuator appears to control the pin within the slot).
Claims 6-12, 14 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 6 recites the limitations “the pin” in line 14 and “the slot” in lines 14-15. The claim introduces “a pin” and “a second pin” as well as “a slot” and “a second slot”. It is unclear which of these components are being referenced, but the claim has been examined has best understood. Claims 7-12, 14 are rejected due to their dependency on claim 6.
Similarly, claim 7 recites the limitation “the pin” in lines 1-2. It is unclear which of these components are being referenced, but the claim has been examined has best understood.
Similarly, claim 8 recites the limitation “the pin” and “the slot” in line 3. It is unclear which of these components are being referenced, but the claim has been examined has best understood.
Claim 11 introduces another “second joint assembly” in line 3. Claim 6 (from which claim 11 depends) already defines a second joint assembly. The nomenclature is unclear to Examiner and it is suggested to call the joint assembly in claim 11 –a third joint assembly--. Claim 12 is rejected due to its dependency on claim 11.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4-12, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dobson (US 6761228).
Regarding claim 1, Dobson discloses a joint assembly for an agricultural implement comprising:
a pin configured to pivotally couple an end of a wing frame to a main frame, wherein the pin enables the wing frame to pivot about a longitudinal axis relative to the main frame (pin 84 allows for the wing frame to pivot about an axis relative to the main frame; Fig 7);
a housing comprising two slots, wherein the housing is configured to couple to one of the main frame or the wing frame, and the pin is disposed within the two slots and configured to translate vertically within the two slots to enable the wing frame to move vertically relative to the main frame (housing 76/78 with slots 88 inclined upwardly; col 3, lines 64-67; Fig 12 depicts two slots in each plate 76/78; pin 84 has a vertical translation component within the two slots which allows the wing frame to move vertically relative to the main frame; Fig 7); and
a collar disposed around the pin and positioned between the two slots, wherein the collar is configured to couple to the other of the main frame or the wing frame (collar 86 is disposed around the pin; collar 86 ride within and are captured by the slots which is considered to meet the claim language; col 3, lines 61-64).
Regarding claim 4, Dobson discloses the joint assembly comprising a bearing disposed between the pin and the collar, wherein the bearing is configured to enable the collar to swivel about the pin (claim language is broad; collar 86 are stated to be “rollers” which Examiner understands to mean they can swivel around the pin; in this way, the inner surface of the collar acts as a bearing to enable the collar to swivel about the pin).
Regarding claim 5, Dobson discloses the joint assembly comprising a locking actuator configured to control a position of the pin within the two slots (Fig 12; locking actuator 70 controls the position of pin 84 within slots 88).
Regarding claim 6, Dobson discloses an agricultural system comprising:
a main frame configured to support a first plurality of ground engaging tools (Fig 1; main frame 58; claim 6 of Dobson states the frame sections have tools);
a wing frame configured to support a second plurality of ground engaging tools (Figs 2-3; wing frame 60; tools 57/59);
a joint assembly coupling the wing frame to the main frame (64; Figs 1-3), comprising:
a pin coupled to one of the main frame or the wing frame (pin 84; Fig 7); and
a housing coupled to or integrally formed with the other of the main frame or the wing frame, wherein the housing comprises a slot, and the pin is disposed within the slot (housing 76/78 with slots 88 inclined upwardly; col 3, lines 64-67); and
a second joint assembly coupling the wing frame to the main frame (66; Figs 1-3), comprising:
a second pin coupled to one of the main frame or the wing frame (pin 84; Fig 7); and
a second housing coupled to or integrally formed with the other of the main frame or the wing frame, wherein the second housing comprises a second slot, the second pin is disposed within the second slot, and the pin is configured to translate vertically within the slot and the second pin is configured to translate vertically within the second slot to enable the wing frame to move vertically relative to the main frame (housing 76/78 with slots 88 inclined upwardly; col 3, lines 64-67; Figs 1-3 depict the second housing having a second slot 88 in each plate 76/78; pin 84 has a vertical translation component within the two slots which allows the wing frame to move vertically relative to the main frame; Fig 7).
Regarding claim 7, Dobson discloses the agricultural system comprising a locking actuator coupled to the pin and configured to control a position of the pin within the slot (Fig 12; locking actuator 70 controls the position of pin 84 within slots 88).
Regarding claim 8, Dobson discloses the agricultural system comprising a locking actuator configured to couple to a wheel assembly of the wing frame, wherein the locking actuator is configured to control a position of the pin within the slot (see 112(a) rejection above; Fig 1 depicts an actuator connected to wheel assembly 50 of wing frame; locking actuator 70 controls the position of pin 84 within slots 88).
Regarding claim 9, Dobson discloses the agricultural system comprising a lifting actuator configured to couple to a wheel assembly of the wing frame (Fig 1 depicts an actuator connected to wheel assembly 50 of wing frame).
Regarding claim 10, Dobson discloses the agricultural system wherein the lifting actuator is configured to adjust a height of the wing frame relative to a ground surface (although not specifically referenced, one of ordinary skill in the art would realize that the actuators associated with wheels assemblies 50 would have to adjust the height of the wing frame relative to the ground).
Regarding claim 11, Dobson discloses the agricultural system comprising:
a second wing frame configured to support a third plurality of ground engaging tools (Figs 2-3; wing frame 60; tools 57/59; col 3, lines 48-49);
a second joint assembly coupling the second wing frame to the main frame (the other wing would have its own pair of join assemblies 64/66; col 3, lines 46-49), comprising:
a third pin, coupled to one of the main frame or the second wing frame (Fig 12; third pin 84); and
a third housing coupled to the other of the main frame or the second wing frame and comprising a third slot, wherein the third pin is disposed within the third slot and configured to translate vertically within the third slot (third housing 76/78 with slots 88 inclined upwardly; col 3, lines 64-67; Figs 1-3 depict the third housing having a third slot 88 in each plate 76/78; pin 84 has a vertical translation component within the slots which allows the wing frame to move vertically relative to the main frame; Fig 7); and
a lifting actuator coupled to a wheel of the second wing frame, wherein the lifting actuator is configured to adjust a height of the second wing frame relative to the ground (although not specifically referenced, one of ordinary skill in the art would realize that the actuators associated with wheels assemblies 50 would have to adjust the height of the wing frame relative to the ground).
Regarding claim 12, Dobson discloses the agricultural system comprising a locking actuator coupled to the third pin and configured to control a position of the third pin within the third slot (Fig 12; locking actuator 70 controls the position of pin 84 within slots 88).
Regarding claim 14, Dobson discloses the agricultural system a locking actuator coupled to the second pin and configured to control a position of the second pin within the second slot (Fig 12; locking actuator 70 controls the position of pin 84 within slots 88).
Conclusion
THIS ACTION IS MADE FINAL. 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 BLAKE SCOVILLE whose telephone number is (571)270-7654. The examiner can normally be reached M-F 10:30-6 (ET).
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.
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/BLAKE E SCOVILLE/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671