Final 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, see Applicant Arguments/Remarks Made in an Amendment, filed 10/29/2025, with respect to the rejections of claim 1-3, 7, and 20 under 35 USC 101, have been fully considered and are persuasive. In light of the amended claim language, the statutory type double patenting has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ainge as part of US 10405472 B2, hereinafter referred to as Ainge 1040, in view of Tanke as part of US 3576216 A, hereinafter referred to as Tanke, under 35 USC 101.
Additionally, in light of the amended claim language, the rejections of claims 1 and 2 under 35 USC 102(a)(1) as being anticipated by Ainge as part of US 20170013770 A1, hereinafter referred to as Ainge 2017, as well as all claims which depend upon claims 1 and 2, have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ainge 2017 in view of Tanke under 35 USC 103.
In the interest of compact prosecution, examiner wishes to respond to specific arguments presented by applicant.
Applicant posits that Ainge 1040 does not teach of an elastically deformable spring plate separate from the harrow member, and that the deformation of the harrow member teaches away from the claimed invention. Examiner agrees with this assessment.
Applicant further posits that Ainge 2017 does not teach of elastically deformable spring plate separate from the harrow member, and that the deformation of the harrow member teaches away from the claimed invention. While Examiner does cede that Ainge 2017 does not teach of the elastically deformable spring plate being separate from the harrow member, the examiner does not find that Ainge 2017 teaches away from the claimed invention. Ainge 2017 teaches of an apparatus that serves in the same field of endeavor as the claimed invention (agricultural ground engaging disc chains) and acts to achieve a similar purpose to the claimed invention (providing harrow discs that engage with and break up soil). Ainge 2017 teaches wherein the harrow member is flexible and may be caused to elastically deform (Ainge 2017: Paragraph 13, resilient harrow member 5 is elastically deformable). Examiner notes that the harrow member 5 of the instant application may be purposefully designed to retain elasticity (Instant Application 18/024,000: Specification, Paragraph 80, “Furthermore, the centre region of the harrow member 5 may also be heat treated as this region, in this example, does not need to retain resilience and elasticity”, implying that the outer region may need to retain some level of elasticity in some circumstances). In light of such details within the instant application of a flexible harrow member, examiner does not find the argument persuasive that Ainge 2017 teaches away from the claimed invention in a way that would dissuade one of ordinary skill in the art at the time the invention was properly filed to modify Ainge 2017 in light of secondary references.
Applicant further posits that Ainge 2019 does not rectify the deficiency Ainge 2017 with regard to the elastically deformable spring plate separate from the harrow member. While examiner agrees with this assessment, this argument is moot in light of a new grounds of rejection being presented, as Ainge 2019 is no longer being relied upon.
Applicant further posits that the spring steel discs of Tanke do not constitute “a resilient spring plate that is elastically deformable and configured to urge first and second components to bear against the fastening element to retain the components of the link assembly together”, citing that Tanke teaches of flexing in response to an impact by a rock or stone (Tanke, Col. 2, line 15-35). Examiner does not find this argument persuasive.
Tanke states that discs 44 and 40 are identical, resiliently conform to the shape of blade 26 in response to bolt 24 being tightened, and blade 44 specifically functions as a Belleville washer (Tanke, Col. 2, Line 19-24). It is a known function of Belleville washers (flexible, conically shaped spring plates) to exert a force upon a bolted joint for the purposes of retaining components through compression and elastic deformation of the component (See definition provided from American Belleville). As such, examiner maintains that identical discs 44 and 40 would satisfy the claim language of utilizing elastic stress under applied pressure in a resilient spring plate, that is separate from the harrow member, to urge a first and second components to bear against a fastening element to retain the components together. Examiner acknowledges that this type of separate element is different from what is presented in the instant specification; however, the claims do not positively recite the structures with the same level of detail outside exemplary claims 15 and 17. As a result, a broad interpretation for the resilient spring plates is being applied.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 7, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 13, and 16-19 of U.S. Patent No. 10405472, hereinafter referred to as Ainge 1040, in view of Tanke as part of US 3576216 A, hereinafter referred to as Tanke.
Regarding Claim 1: Claim 1 of the instant application recites the following:
“A link assembly for an agricultural ground engaging chain including a plurality of link assemblies, the link assembly including:
a first component having a first clamping portion and a first link portion for linking with a link portion of an adjacent link assembly;
a second component having a second clamping portion and a second link portion for linking with a link portion of an adjacent link assembly;
a harrow member has a first side and an opposite second side;
at least one resilient spring plate, wherein the resilient spring plate is elastically deformable, and wherein the resilient spring plate is separate to the harrow member, and
at least one fastening element, wherein, when the link is assembled, the harrow member and the resilient spring plate are clamped between the first clamping portion and the second clamping portion, and
wherein under an applied pressure to elastically deform the resilient spring plate to enable engagement of the at least one fastening element, whereby upon release of the applied pressure, a resultant elastic stress in the resilient spring plate urges the first and second components to bear against the fastening element to retain the components of the link assembly together.”
Claim 1 of Ainge 1040 recites:
“A link assembly for an agricultural ground engaging chain including a plurality of said link assemblies, the link assembly including:
a first component having a first clamping portion and a first link portion for linking with a link portion of an adjacent link assembly;
a second component having a second clamping portion and a second link portion for linking with a link portion of an adjacent link assembly;
a resilient harrow member, wherein the resilient harrow member is elastically deformable;
and at least one fastening element; wherein, when the link is assembled: the resilient harrow member is clamped between the first clamping portion and the second clamping portion
under an applied pressure, elastically deforming to enable engagement of the at least one fastening element, whereby upon release of the applied pressure, the resultant elastic stress in the harrow member urges the first and second components to bear against the fastening element to retain the components of the link assembly together.”
While Ainge 1040 does not explicitly disclose the resilient spring plate being separate to the harrow member, Tanke discloses a deformable spring plate that enables engagement of a fastening element used to urge components to bear against fastening element and retain components of a link assembly together (Tanke: Col. 2, Line 19-24, blade 44 functions as a Belleville washer with bolt 24, thus aiding in retaining the assembly together through elastic deformation). It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the assembly taught by Ainge 1040 with the plurality of plates taught by Tanke to aid in the retainment of components. Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of securing the components of the harrow blade during operation in a releasable manner.
Regarding Claim 2: Regarding Claim 2: Claim 2 of the instant application recites the following:
“A link assembly for an agricultural ground engaging chain including a plurality of said link assemblies, the link assembly including:
a first component having at least one first fastener receiving passage, a first clamping portion, and a first link portion for linking with a link portion of an adjacent assembly;
a second component having at least one second fastener receiving passage, a second clamping portion, and a second link portion for linking with a link portion of another adjacent link assembly;
a harrow member has a first side and an opposite second side ;
a resilient spring plate, wherein the resilient spring plate is elastically deformable, and wherein the resilient spring plate is separate to the harrow member; and
at least one fastener having a shaft extending along a central shaft axis;
wherein when the link assembly is assembled;
the shaft is located, at least in part, through the first and second fastener receiving passages;
the harrow member and the resilient spring plate are located between the first and second clamping portions of the first and second components; and
the resilient spring plate is elastically deformed such that the resultant stress in the resilient spring plate causes wall portions of each of the first and second fastener receiving passages to urge against the shaft towards the shaft axis to increase the maximum static frictional force between the wall portions of the first and second fastener receiving passages and the shaft.”
Claim 16 of Ainge 1040 recites the following:
“A link assembly for an agricultural ground engaging chain including a plurality of said link assemblies, the link assembly including:
a first component having at least one first fastener receiving passage, a first clamping portion, and a first link portion for linking with a link portion of an adjacent link assembly;
a second component having at least one second fastener receiving passage, a second clamping portion, and a second link portion for linking with a link portion of another adjacent link assembly;
a resilient harrow member, wherein the resilient harrow member is elastically deformable;
and at least one fastener having a shaft extending along a central shaft axis;
wherein when the link assembly is assembled: the shaft is located, at least in part, through the first and second fastener receiving passages;
and the resilient harrow member is elastically deformed between clamping portions of the first and second components such that the resultant elastic stress in the harrow member causes wall portions of each of the first and second fastener receiving passages to urge against the shaft towards the shaft axis to increase the maximum static frictional force between the wall portions of the first and second fastener receiving passages and the shaft.”
While Ainge 1040 does not explicitly disclose the resilient spring plate being separate to the harrow member, Tanke discloses a deformable spring plate that enables engagement of a fastening element used to urge components to bear against fastening element and retain components of a link assembly together (Tanke: Col. 2, Line 19-24, blade 44 functions as a Belleville washer with bolt 24, thus aiding in retaining the assembly together through elastic deformation). It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the assembly taught by Ainge 1040 with the plurality of plates taught by Tanke to aid in the retainment of components. Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of securing the components of the harrow blade during operation in a releasable manner.
Additionally, the harrow member of the instant application is described as having a first side and an opposite side. Claim 4 of Ainge 1040 recites the following:
“The harrow member is substantially dish-shaped with the first side having a concave surface, and the second side having a convex surface”.
Regarding Claim 3: Claim 3 of the instant application recites the following:
“A link assembly according to claim 2, wherein:
the first component includes a projecting portion opposite the first link portion, wherein the first fastener receiving passage is disposed in the projecting portion,
the second component includes a socket opposite the second link portion, wherein the socket is adapted to receive at least part of the projecting portion,
the harrow member includes a harrow aperture,
the resilient spring plate includes a plate aperture wherein when the link assembly is assembled, the first component passes through the harrow aperture and the plate aperture, and the projecting portion and the first fastener receiving passage is located adjacent the second side of the harrow member, and
wherein when the link assembly is assembled, at least part of the projecting portion is located in the socket with the first and second fastener receiving passages aligned for locating the shaft.”
The language of claims 17 and 18 of Ainge 1040 recite the following:
”The link assembly according to claim 16, wherein:
the first component includes a projecting portion opposite the first link portion, wherein the first fastener receiving passage is disposed in the projecting portion,
the harrow member includes an aperture,
wherein when the link assembly is assembled, the first component passes through the harrow aperture, and the projecting portion and the first fastener receiving passage is located adjacent the second side of the harrow member.”
and
“The link assembly according to claim 17, wherein:
the second component includes a socket opposite the second link portion,
wherein the socket is adapted to receive at least part of the projecting portion,
wherein when the link assembly is assembled, at least part of the projecting portion is located in the socket with the first and second fastener receiving passages aligned for locating the shaft.”
In addition to the rejection made against claim 2, the language of the claim presented in the instant application is substantially identical to the claims presented in Ainge 1040 in the subject matter they recite. The instant application recites “the resilient spring plate includes a plate aperture”, however as previously established, Tanke discloses a deformable spring plate that enables engagement of a fastening element used to urge components to bear against fastening element and retain components of a link assembly together (Tanke: Col. 2, Line 19-24, blade 44 functions as a Belleville washer with bolt 24, thus aiding in retaining the assembly together through elastic deformation), and said blade 44 comprises an aperture (Tanke: Fig. 1-3, shaft 24 passes through an opening in plates 40, 42, 44, and 26).
Regarding Claim 7: Claim 7 of the instant application recites the following:
“A link assembly according to claim 1, wherein the first and second link portions are formed of a hook portion or a loop portion.”
Claim 13 of Ainge 1040 recites the following:
“The link assembly according to claim 1, wherein the first and second link portions are formed of a hook portion or a loop portion.”
In addition to the rejection made against claim 1, the language of claim 3 presented in the instant application is identical to the language of claim 13 of Ainge 1040 in the subject matter they recite.
Regarding Claim 20: Regarding Claim 20: Claim 20 of the instant application recites the following:
“An agricultural ground engaging chain including a plurality of link assemblies according to claim 1”.
Claim 19 of Ainge 1040 recites the following:
“An agricultural ground engaging chain including a plurality of the link assemblies according to claim 1.”
In addition to the rejection made against claim 1, the language of claim 20 presented in the instant application is identical to the language of claim 19 of Ainge 1040 in the subject matter they recite.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7, 11-14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ainge 2017 in view of Tanke.
Regarding Claim 1: Ainge 2017 teaches of a link assembly for an agricultural ground engaging chain including a plurality of link assemblies (Paragraph 119; Fig. 1, ground engaging chain 1 comprised of link assemblies 3), the link assembly comprising:
a first component having a first clamping portion and a first link portion for linking with a link portion of an adjacent link assembly (Paragraph 119; Fig. 1, first component 7 comprises first clamping portion 21 and first link portion 13, which engages with corresponding second link portion 15 of the adjacent link);
a second component having a second clamping portion and a second link portion for linking with a link portion of an adjacent link assembly (Paragraph 119; Fig. 1, second component 9 comprises second clamping portion 27 and second link portion 15, which engages with corresponding first link portion 13 of the adjacent link);
a harrow member has a first side and an opposite second side (Paragraph 123Fig. 1-2, resilient harrow member 5 is shown to have a first side 17 and an opposite second side 19);
and at least one fastening element (Fig. 3, fastener 11), wherein, when the link is assembled, the harrow member is clamped between the first clamping portion and the second clamping portion (Paragraph 124, resilient harrow member 5 acts as a spring against the clamping portions 21 and 27).
Ainge 2017 does not explicitly teach of the at least one spring plate wherein the resilient spring plate is elastically deformable, and wherein the resilient spring plate is separate to the harrow member, nor the further limitations of the resilient spring plate therein.
Tanke teaches of a ground engaging harrow implement (Tanke: Fig. 1, disc game 10), comprising a first clamping portion (Tanke: Fig. 1, spool 34) and a second clamping portion (Tanke: Fig. 1, spool 30), A harrow member comprising a first and second side (Tanke: Fig. 1, blade 26 comprises a first and second side)
At least one resilient spring plate which is elastically deformable (Tanke: Fig. 2; Col. 2, line 14-24, spring steel disc blade 44 resiliently conforms to the shape of blade 26 when bolt 24 has been tightened and function as Belleville with bolt 24, thus aiding in retaining the assembly together through elastic deformation), wherein, when the link is assembled, the harrow member and the resilient spring plate are clamped between the first clamping portion and the second clamping portion (Tanke: Fig. 2; Col. 2, line 14-24, when bolt 24 has been tightened, blade 44 and blade 26 are clamped between spools 30 and 34),
wherein under an applied pressure to elastically deform the resilient spring plate to enable engagement of the at least one fastening element, whereby upon release of the applied pressure, a resultant elastic stress in the resilient spring plate urges the first and second components to bear against the fastening element to retain the components of the link assembly together (Tanke: Col. 2, Line 19-24, blade 44 functions as a Belleville washer with bolt 24, thus aiding in retaining the assembly together through elastic deformation of blade 44 under the applied pressure of bolt 24).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the assembly taught by Ainge 2017 with the plurality of plates taught by Tanke to aid in the retainment of components (Tanke: Fig. 2; Col. 2, line 14-24, spring steel disc blade 44 resiliently conforms to the shape of blade 26 when bolt 24 has been tightened and function as Belleville with bolt 24, thus aiding in retaining the assembly together through elastic deformation). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of securing the components of the harrow blade during operation in a releasable manner.
Regarding Claim 2: Ainge 2017 teaches of a link assembly for an agricultural ground engaging chain including a plurality of link assemblies (Paragraph 119; Fig. 1, ground engaging chain 1 comprised of link assemblies 3), the link assembly comprising:
a first component having at least one first fastener receiving passage, a first clamping portion, and a first link portion for linking with a link portion of an adjacent assembly (Paragraph 119, first component 7 comprises a first link portion 13, first clamping portion 21, and first fastener receiving passage 23; Paragraph 121, hook 13 and loop 15 engage respective loops 15 and hooks 13 of adjacent link assemblies 3);
a second component having at least one second fastener receiving passage, a second clamping portion, and a second link portion for linking with a link portion of another adjacent link assembly (Paragraph 123, second component 9 comprises a second link portion 15, second clamping portion 27, and second fastener receiving passage 29; Paragraph 121, hook 13 and loop 15 engage respective loops 15 and hooks 13 of adjacent link assemblies 3);
a harrow member has a first side and an opposite second side (Fig. 1-2, resilient harrow member 5 is shown to have a first side and an opposite second side);
and at least one fastener having a shaft extending along a central shaft axis (Fig. 3, fastener 11; Paragraph 22, at least one fastener extends along a central shaft axis);
wherein when the link assembly is assembled the shaft is located, at least in part, through the first and second fastener receiving passages (Paragraph 123, when the link assembly is assembled: the shaft is located, at least in part, through the first and second fastener receiving passages);
the harrow member is located between the first and second clamping portions of the first and second components (Fig. 1-2, resilient harrow member 5, is located between first component 7 and second component 9).
Ainge 2017 does not explicitly teach of the at least one spring plate wherein the resilient spring plate is elastically deformable, and wherein the resilient spring plate is separate to the harrow member, nor the further limitations of the resilient spring plate therein.
Tanke teaches of a ground engaging harrow implement (Tanke: Fig. 1, disc game 10), comprising a first clamping portion (Tanke: Fig. 1, spool 34) and a second clamping portion (Tanke: Fig. 1, spool 30), A harrow member comprising a first and second side (Tanke: Fig. 1, blade 26 comprises a first and second side)
At least one resilient spring plate which is elastically deformable (Tanke: Fig. 2; Col. 2, line 14-24, spring steel disc blade 44 resiliently conforms to the shape of blade 26 when bolt 24 has been tightened and function as Belleville with bolt 24, thus aiding in retaining the assembly together through elastic deformation), wherein, when the link is assembled, the harrow member and the resilient spring plate are clamped between the first clamping portion and the second clamping portion (Tanke: Fig. 2; Col. 2, line 14-24, when bolt 24 has been tightened, blade 44 and blade 26 are clamped between spools 30 and 34),
wherein under an applied pressure to elastically deform the resilient spring plate to enable engagement of the at least one fastening element, whereby upon release of the applied pressure, a resultant elastic stress in the resilient spring plate urges the first and second components to bear against the fastening element to retain the components of the link assembly together (Tanke: Col. 2, Line 19-24, blade 44 functions as a Belleville washer with bolt 24, thus aiding in retaining the assembly together through elastic deformation of blade 44 under the applied pressure of bolt 24).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the assembly taught by Ainge 2017 with the plurality of plates taught by Tanke to aid in the retainment of components (Tanke: Fig. 2; Col. 2, line 14-24, spring steel disc blade 44 resiliently conforms to the shape of blade 26 when bolt 24 has been tightened and function as Belleville with bolt 24, thus aiding in retaining the assembly together through elastic deformation). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of securing the components of the harrow blade during operation in a releasable manner.
Regarding Claim 3: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 2.
Ainge 2017 further teaches wherein the first component includes a projecting portion opposite the first link portion, wherein the first fastener receiving passage is disposed in the projecting portion (Paragraph 123, first fastener receiving passage 23 is located in projecting portion 25),
the second component includes a socket opposite the second link portion, wherein the socket is adapted to receive at least part of the projecting portion (Paragraph 144, socket 51 receives projecting portion 25 of component 7; Paragraph 144, socket 51 extends into the central body portion 47, opposite from the direction that the second link portion 15 extends),
the harrow member includes a harrow aperture (Paragraph 132; Fig. 9, harrow member 5 comprises harrow aperture 41),
wherein when the link assembly is assembled, the first component passes through the harrow aperture (Paragraph 34, first component 7 passes through harrow aperture 41), and the projecting portion and the first fastener receiving passage is located adjacent the second side of the harrow member (Paragraph 34, first fastener receiving passage 23 is adjacent to the second side 19 of the harrow member 5), and
wherein when the link assembly is assembled, at least part of the projecting portion is located in the socket with the first and second fastener receiving passages aligned for locating the shaft (Paragraph 35, wherein when the link assembly is assembled, at least part of the projecting portion is located in the socket with the first and second fastener receiving passages aligned for locating the shaft).
In light of the modification presented in claim 2, Tanke teaches wherein the resilient spring plate includes a plate aperture that is concentrically aligned with the harrow aperture (Tanke: Fig. 1-3, shaft 24 passes through an opening in plates 40, 42, 44, and 26).
Regarding Claim 4: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 1.
Ainge 2017 further teaches wherein the harrow member has a first side and an opposite second side (Fig. 1-2, resilient harrow member 5 is shown to have a first side and an opposite second side);
wherein when the link assembly is assembled, the first side faces the first clamping portion of the first component and the second side faces the second clamping portion of the second component (Paragraph 162, first and second clamping portions 21 and 27 are urged against the first and second sides 17 and 19 of harrow member 5 respectively), wherein the resilient spring plate is located between the first side and the first clamping portion of the first component, or between the second side and the second clamping portion of the second component (Paragraph 131, At least part of the flexible portion of harrow member 5 can be located between the first side 17 and the hook 13, or between the second side 18 and loop 15).
Regarding Claim 5: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 4.
Ainge 2017 further teaches wherein the harrow member is substantially disc-shaped or dish-shaped with the first side having a concave surface (Fig. 1, resilient harrow disc 5 is disc or dish shaped with the first side 17 is concave), and wherein the resilient spring plate is located adjacent to the first side (Paragraph 131, heat treatment of harrow member 5 may be localized to preserve or maintain elastic properties, therefore at least part of the flexible portion of harrow member 5 may be adjacent to the first side 17).
Regarding Claim 6: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 1.
Ainge 2017 further teaches wherein the resilient spring plate is a circular plate (Paragraph 28, harrow member 5 is disc or dish shaped, but may be made with other sizes and dimensions.).
Regarding Claim 7: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 1.
Ainge 2017 further teaches wherein the first and second link portions are formed of a hook portion or a loop portion (Paragraph 121, first link portion comprises hook 13, second link portion comprises loop 15).
Regarding Claim 11: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 1.
Ainge 2017 further teaches wherein the resilient spring plate comprises a spring steel (Paragraph 131, harrow member 5 is formed from spring steel).
Regarding Claim 12: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 1.
Ainge 2017 further teaches wherein the harrow member is substantially rigid (Paragraph 131, harrow member 5 may be heat treated in such a way that different regions have reduced elastic properties).
Regarding Claim 13: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 1.
Ainge 2017 does not teach of wherein the at least one resilient spring plate comprises a plurality of resilient spring plates, wherein the combination of the plurality of resilient spring plates and the harrow member are clamped between the first clamping portion and the second clamping portion.
In light of the modifications described above in claim 1, Tanke teaches wherein the at least one resilient spring plate comprises a plurality of resilient spring plates (Tanke: Fig. 2, spring steel discs 40, 42, and 44; Col. 2, line 19-24, blades 40 and 44 are identical), wherein the combination of the plurality of resilient spring plates and the harrow member are clamped between the first clamping portion and the second clamping portion (Tanke: Fig. 2, blade 26 and spring steel discs 40, 42, and 44 are clamped between spools 30 and 34).
Regarding Claim 14: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 13.
In light of the modifications described above in claim 13, Tanke further teaches a link assembly wherein the plurality of resilient spring plates comprises:
a first spring plate (Tanke: Fig. 2, disc 40); and
at least a second spring plate (Tanke: Fig. 2, disc 42 and disc 44; Col. 2, line 19-24, blade 40 and 44 are identical).
Regarding Claim 16: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 14.
In light of the modifications described above in claim 14, Tanke further teaches wherein the first spring plate and second spring plate are circular plates configured with different respective diameters (Tanke: Fig. 2, disc 40 and disc 42 are shown to have different diameters and are established as both being disc shaped).
Regarding Claim 18: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 13.
In light of the modifications described above in claim 13, Tanke further teaches wherein the plurality of resilient spring plates comprise at least two substantially identical spring plates (Tanke: Col. 2, line 19, discs 40 and 44 are identical).
Regarding Claim 19: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 13.
In light of the modifications described above in claim 13, Tanke further teaches wherein the plurality of resilient spring plates further comprise one or more subsequent spring plates (Tanke: Fig. 2, disc 40 and 42 are subsequent from left to right).
Regarding Claim 20: Ainge 2017 in view of Tanke teaches of an agricultural ground engaging chain including a plurality of link assemblies according to claim 1 (see claim 1)
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ainge 2017 in view of Tanke, further in view of Ainge as part of WO 2019148240 A1, hereinafter referred to as Ainge 2019.
Regarding Claim 8: Ainge 2017 in view of Tanke teaches of the apparatus described above in claim 1.
Ainge 2017 in view of Tanke does not explicitly teach of the first link portion including a bulbous end, nor of the second link portion comprising a socket wherein the bulbous end of the first link portion is received.
Ainge 2019 teaches of an agricultural ground engaging chain including a plurality of link assemblies (Ainge 2019: Fig. 1, ground engaging chain 1 comprising a plurality of link assemblies 3), including:
a first component having a first clamping portion and a first link portion for linking with a link portion of an adjacent link assembly (Ainge 2019: Fig. 6a-6b, first link portion 7 includes a first link portion 13 which engages with the second link portion 15 of the adjacent link, and clamping subcomponent 22 which provides half the clamping force against harrow member 5);
a second component having a second clamping portion and a second link portion for linking with a link portion of an adjacent link assembly (Ainge 2019: Fig. 6a-6b, second link portion 9 includes second link portion 15, which engages with first link portion 13 of the adjacent link, and clamping portion 28 which provides the other half of the clamping force on harrow member 5);
a harrow member has a first side and an opposite second side (Ainge 2019: Fig. 6a-6b, Harrow member 5 comprises a first side 17 and second side 19);
wherein the first link portion, at the first side of the harrow member, includes a bulbous end (Ainge 2019: Fig. 6a-6b, first link portion 7, which is located on the first side 17 of harrow member 5, comprises bulbous end 13);
and the second link portion, at the second side of the harrow member, includes a socket, wherein to link with adjacent link assemblies, the bulbous end is received in a respective socket of an adjacent link assembly and the socket receives a respective bulbous end of another adjacent link assembly (Ainge 2019: Fig. 6a-6b, second link portion 9, located on the second side 19 of harrow member 5, comprises socket 15 which engages with the bulbous end 13’ of the adjacent link).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the hook and loop structure taught by Ainge 2017 in view of Tanke with the bulb and socket structure taught by Ainge 2019 to create a ground engaging chain system that retains the adjacent links via tension (Ainge 2019: Paragraph 17, the pocket assists in retention of the bulbous end by tension in chain). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of retaining adjacent links of the chain while in operation.
Regarding Claim 9: Ainge 2017 in view of Tanke, further in view of Ainge 2019 teaches of the apparatus described above in claim 8.
In light of the modifications described above in claim 8, Ainge 2019 further teaches wherein the second link portion includes at a first bearing surface to define, at least in part, the socket (Ainge 2019: Fig. 6a-6b, socket 15 comprises bearing surface 18 to define at least part of the inward surface of the socket) and wherein at least a portion of the first bearing surface faces towards the second side of the harrow member (Ainge 2019: Fig. 8d, at least part of bearing surface 18 faces towards second side 19 of harrow member 5), wherein when the respective bulbous end is received in the socket, the first bearing surface engages the respective bulbous end to resist movement of the respective bulbous end in a direction away from the second side (Ainge 2019: Fig. 4a-4c, bulbous end 13’ of the adjacent link engages with the bearing surface 18 of the second link member 9 to resist movement away from second side 19 of harrow member 5).
Regarding Claim 10: Ainge 2017 in view of Tanke, further in view of Ainge 2019 teaches of the apparatus described above in claim 9.
In light of the modifications described above in claim 9, Ainge 2019 further teaches wherein the first bearing surface is formed from an inwardly extending flange around a socket aperture of the socket (Ainge 2019: Fig. 5c; Paragraph 78, socket 15 comprises inwardly extending flanges 21 that provide at least in part, a first bearing surface 18), and the second link portion further comprises a track to allow insertion of the respective bulbous end into the socket (Ainge 2019: Fig. 5a-5c; Paragraph 77, track 25 allows insertion of bulbous end 13’ of the adjacent link 3’).
Allowable Subject Matter
Claims 15 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
After a complete and thorough search of prior art, though pluralities of spring plates were discussed, there was no explicit mention in the prior art that the spring constants or the thickness of the plurality of spring plates differed from plate to plate.
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.
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/EVAN A BREGEL/ Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/ Supervisory Patent Examiner, Art Unit 3671