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 .
Election/Restrictions
Applicant’s election of Group I, claims 1-6, 8-10, 13-23, and 25-34 in the reply filed on September 16, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDS) are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
Figures 1-3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because it fails to include section headings.
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A COMPACT DISC.
(f) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(g) BRIEF SUMMARY OF THE INVENTION.
(h) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(i) DETAILED DESCRIPTION OF THE INVENTION.
(j) CLAIM OR CLAIMS (commencing on a separate sheet).
(k) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(l) SEQUENCE LISTING (See MPEP § 2424 and 37 CFR 1.821-1.825. A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document on compact disc).
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term "means" or "step" or a term used as a substitute for "means" that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term "means" or "step" or the generic placeholder is modified by functional language, typically, but not always linked by the transition word "for" (e.g., "means for") or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term "means" or "step" or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word "means" (or "step") in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word "means" (or "step") in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
If claim limitations in this application that use the word "means" (or "step"), they are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, if claim limitations in this application that do not use the word "means" (or "step"), they are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 19-20 and 29 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.
Regarding claim 19, line 3, “an opening element” lacks clear antecedent basis because it is unclear whether this opening element is the same opening element as claimed in claim 18.
Regarding claim 29, line 3, “an opening element” lacks clear antecedent basis because it is unclear whether this opening element is the same opening element as claimed in claim 18.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-6, 8-10, 13-14, 16-20, 22-23, 25-31, and 33-34 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Naeyaert et al. (hereinafter “Naeyaert”) (US 2020/0137960 A1).
Regarding claim 1, Naeyaert discloses a baler (1) comprising a bale forming channel (2), a reciprocating plunger (5) configured to compress bale material in the bale forming channel to form a bale (see para. 46), and a binding system (see fig. 2) for binding a bale in the bale forming channel with a pair of twines (from 72 and 74) that pass around opposite sides of the bale (fig. 2), the binding system comprising a knotter (10) that includes a rotary bill hook (100) that has a rotational axis (para. 53), a twine holder (200), a twine cutter (403) and a stripper element (404), wherein the binding system is configured to tie a first knot and a second knot (fig. 2) successively in the twines during one full operating cycle of the binding system (fig. 2), wherein the bill hook is rotatable between a first position in which the bill hook engages the twines (see para. 52)and a second position in which a knot formed by the knotter is stripped from the bill hook by the stripper element (404) (para. 73), wherein the bill hook includes a catching element (101) that is configurable in a closed configuration (figs. 6F and 6H) to retain a twine to the bill hook and in an open configuration (fig. 5) to release the twine from the bill hook, wherein the catching element (101) is configured to adopt the open configuration to release a retained twine from the bill hook after a knot formed by the knotter is removed from the bill hook by the stripper element (fig. 9I and para. 75 the last 5 lines), so that the cut end of the twine is not pulled through the knot, and wherein the catching element is biased by a resilient biasing element (see “biasing means” in para. 26 and “leaf spring” in para. 77)) towards the closed configuration and is moved to the open configuration by an opening element (para. 77) that acts against the resilient biasing element, without rotating the bill hook beyond the second position (see para. 77).
Regarding claim 2, the baler according to claim 1, wherein the opening element comprises a rotary drive element (para. 53) that drives movement of the catching element (101) (see “opening of billhook 100” in para. 53) between the closed configuration and the open configuration, wherein the rotary drive element is rotatable relative to the bill hook while the bill hook is in the second position.
Regarding claim 3, the baler according to claim 2, wherein the rotary drive element comprises a cam surface (110) that engages a cam follower (103) of the catching element (101) (see para. 53).
Regarding claim 5, the baler according to claim 1, wherein the catching element (101) is moved to the open configuration by reducing (see “decrease this pressure” in para. 77) a biasing force applied by the resilient biasing element, so that the catching element opens in response to tension in the twine.
Regarding claim 6, the baler according to claim 1, wherein:
the first and second knots are tied successively by a single bill hook (see para. 58), and
the first and second knots are both loop knots (70a in para. 73 and 74).
Regarding claim 8, the baler according to claim 1, wherein the twine holder (200) comprises a rotary disk (201) with a plurality of clamping notches (211), a retainer (202) adjacent a periphery of the rotary disk (202) (fig. 7a and 7B), and a drive (para. 66) for rotating the rotary disk (201) to clamp twines in at least one of the clamping notches against the retainer, and wherein the clamping notches are arranged asymmetrically around the periphery of the rotary disk (fig. 7A).
Regarding claim 9, the baler according to claim 8, wherein the drive for rotating the rotary disk includes a worm drive (603) comprising a worm screw and a worm gear (se fig. 3A), wherein the worm screw is shifted axially to adjust the rotary position of the rotary disk between tying of the first and second knots (see para. 66).
Regarding claim 10, the baler according to any preceding claim 1, wherein the twine holder comprises a rotary disk (201) with a plurality of clamping notches (211), a retainer (202) adjacent a periphery of the rotary disk (figs. 7A and 7B), and a drive (para. 66) for rotating the rotary disk to clamp a twine in at least one of the clamping notches against the retainer, wherein the retainer (202) (para. 72) is configured so that the twine can be guided across the retainer in two different positions depending on the rotational position of the rotary disk, comprising a first position in which the twine can be cut by the twine cutter (see para. 72) and a second position in which the twine cannot be cut by the twine cutter (see “will not be able to cut the twines” in para. 78).
Regarding claim 13, the baler according to any preceding claim 1, wherein the first knot and the second knot are both loop knots (70a in para. 73 and 74).
Regarding claim 14, the baler according to any preceding claim 1, wherein the first and second knots are both right-hand knots (68 and 70).
Regarding claim 16, the baler according to claim 1, wherein the binding system further comprises a twine guide (see “guide finger” in para. 65) located between the twine holder and the bill hook.
Regarding claim 17, the baler according to claim 16, wherein the twine cutter (403) is located between the twine guide and the twine holder (fig. 3C).
Regarding claim 18, a method of binding a bale in a baler (1) comprising a bale forming channel (2), a reciprocating plunger (5) that compresses bale material in the bale forming channel to form a bale (para. 46), and a binding system (fig. 2) that binds a bale in the bale forming channel, the binding system comprising a knotter (10) that includes a rotary bill hook (100) having a rotational axis, a catching element (101), a twine holder (200), a twine cutter (403) and a stripper element (404), the method comprising passing the twines around opposite sides of the bale (fig. 2), tying a first knot and a second knot successively in the twines during one full operating cycle of the binding system (see para. 58), rotating the bill hook between a first position in which the bill hook engages the twines (para. 52) and a second position in which a knot is stripped from the bill hook by the stripper element (404) (para. 73), resiliently biasing the catching element towards a closed configuration to retain a twine on the bill hook while a knot is formed (para. 77), and moving the catching element (101) to an open configuration by operation of an opening element that acts against the resilient biasing element, without rotating the bill hook beyond the second position, to release the retained twine after the knot has been removed from the bill hook by the stripper element, so that a cut end of the twine is not pulled through the knot (para. 76-80).
Regarding claim 19, the method according to claim 18, further comprising driving movement of the catching element between the closed configuration and the open configuration by rotating an opening element relative to the bill hook while the bill hook is in the second position, said opening element comprising a rotary drive element (110, para. 53).
Regarding claim 20, the method according to claim 19, further comprising engaging a cam surface (110) of the rotary drive element with a cam follower (103) of the catching element (101, see fig. 53).
Regarding claim 22, the method according to claim 18, further comprising moving the catching element (101) to the open configuration by reducing (see “decrease this pressure” in para. 77) a biasing force applied by the resilient biasing element, so that the catching element opens in response to tension in the twine.
Regarding claim 23, the method according to claim 18, further comprising:
tying the first and second knots successively by a single bill hook, wherein the first and second knots are both loop knots (70a in para. 73 and 74).
Regarding claim 25, the method according to claim 18, wherein the twine holder (200) comprises a rotary disk (201) with a plurality of clamping notches (211) arranged asymmetrically around a periphery of the rotary disk (fig. 7A), and a retainer (202) adjacent the periphery of the rotary disk (fig. 7A), the method comprising driving rotation the rotary disk to clamp twines in at least one of the clamping notches against the retainer (para. 76-77).
Regarding claim 26, the method according to claim 25, further comprising driving the rotary disk with a worm drive (603) comprising a worm screw and a worm gear (fig. 3A), and shifting the worm screw axially to adjust the rotary position of the rotary disk between tying of the first and second knots (para. 66).
Regarding claim 27, the method according to claim 18, wherein the twine holder comprises a rotary disk (201) with a plurality of clamping notches (211), a retainer (202) adjacent a periphery of the rotary disk (fig. 7A), and a drive (para. 66) for rotating the rotary disk to clamp a twine in at least one of the clamping notches against the retainer, the method comprising guiding the twine across the retainer in two different positions (see para. 72 and 78) by adjusting the rotational position of the rotary disk, said positions comprising a first position in which the twine can be cut by the twine cutter (para. 72) and a second position in which the twine cannot be cut by the twine cutter (see “will not be able to cut the twines” in para. 78).
Regarding claim 28, the method according to claim 27, further comprising rotating the bill hook (100) between a first position in which the bill hook engages the twines (para. 52) and a second position in which a knot is stripped from the bill hook by the stripper element (para. 72), resiliently biasing the catching element (101) towards a closed configuration to retain a twine on the bill hook while a knot is formed (fig. 9H), and moving the catching element (101) to an open configuration by operation of an opening element that acts against the resilient biasing element, without rotating the bill hook beyond the second position, to release the retained twine after the knot has been removed from the bill hook, so that the cut end of the twine is not pulled through the knot (para. 76-80).
Regarding claim 29, the method according to claim 28, driving movement of the catching element (101) between the closed configuration and the open configuration by rotating the opening element relative to the bill hook while the bill hook is in the second position, said opening element comprising a rotary drive element (110, para. 53).
Regarding claim 30, the method according to any one of claim 18, wherein the first knot and the second knot are both tied as loop knots (70a in para. 73 and 74).
Regarding claim 31, the method according to claim 18, wherein the first and second knots are both tied as right-hand knots (fig. 2).
Regarding claim 33, the method according to claim 18, further comprising guiding the twine by means of a twine guide located between the twine holder and the bill hook (see “guide finger” in para. 65).
Regarding claim 34, the method according to claim 33, further comprising cutting (by a cutter 403) the twine between the twine guide and the twine holder (fig. 3C).
Claim Rejections - 35 USC § 103
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 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, 15, 21, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Naeyaert.
Regarding claims 4 and 21, as set forth above, Naeyaert discloses the catching element (101) is driven by a drive element (also see para. 58) between the closed configuration and the open configuration while the bill hook is in the second position. Naeyaert does not expressly disclose the drive element is a linear drive element.
The applicant has not disclosed that a linear drive element solves any stated problem or is for any particular purpose (see para. 22 of the specification of the publication document, which discloses the linear drive element is an option). Accordingly, it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filling date of the claimed invention to use a linear drive element to move the catching element because such drive element does not appear to provide any unexpected result.
Regarding claims 15 and 32, Naeyaert discloses the twine cutter is configured to cut the twine as set forth above. Naeyaert does not disclose the specific lengths of twine as claimed. As the Applicant has not set forth any criticality to the selection of the lengths of twine as claimed that results in any unexpected benefit, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cut the twines in the specific claimed lengths, because such selection or determination would be the result of routine optimization and does not itself warrant patentability, as one would arrive at such optimization through routine engineering and design practice.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art listed on the attached PTO 892 are cited to show balers (US 2018/0042182A1 and US 2015/0272011 A1) having a knotter that includes a rotary bill hook.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY T NGUYEN whose telephone number is (571)272-4520. The examiner can normally be reached Mon-Fri 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHRISTOPHER L TEMPLETON can be reached at 571-270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JIMMY T. NGUYEN
Primary Examiner
Art Unit 3725
/JIMMY T NGUYEN/ Primary Examiner, Art Unit 3725
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