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 .
Application Status
Claims 1-52 are pending in the instant application. All claims are eligible for examination.
Claim Objections
Claims 13, 39, 43 and 44 objected to because of the following informalities: claim 13 recites “the said” in the third line – please delete one of these words; the numbering/lettering in 39 does not start from a or 1; claim 43 depends from a later claim – it has been examined as though it depends from claim 40; claim 44 recites needs the word “at” to be inserted in the fifth line of clause (c) so that it reads “such that said at least one”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "said flex mode of operation" across the first two lines of the claim. There is insufficient antecedent basis for this limitation in the claim. The claim has been examined as though “said” had been changed to “a”, which would overcome this rejection.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-15, 19, 28-30, 32-35, and 37-42 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brimeyer et al. (US 2020/0337240 hereinafter Brimeyer).
With respect to claim 1, Brimeyer discloses an agricultural apparatus (in figure 1, Brimeyer discloses an agricultural machine) comprising:
(a) a propulsion unit (in figure 1, Brimeyer discloses element 100 is an agricultural machine that moves);
(b) an implement connected to said propulsion unit (in the abstract, Brimeyer discloses an header 104, which reads on an implement – as shown in figure 1, the header is attached to the harvester), said implement comprising:
(i) a main frame having a main frame weight (in the abstract, Brimeyer discloses a first frame assembly that inherently has mass and so weight on earth – in figure 1, this is the attachment frame 110 NOT main frame 107), said propulsion unit configured and operable to support at least a portion of said main frame weight (in figure 1, Brimeyer discloses the header being supported by the combine; the abstract discloses that there is a float system, which will transfer weight to the combine under some circumstances);
(ii) an operational unit (in figure 1 and paragraph 20, Brimeyer discloses a cutter at 106);
(iii) a unit support apparatus configured to interconnect said operational unit to said main frame (in paragraph 22 and figure 1, Brimeyer discloses main frame 107, which supports cutter 106 and connects it to frame 110),
(iv) a height adjustment apparatus comprising at least one terrain contact element (in paragraph 25, Brimeyer discloses the header being provided with ground engaging elements), said height adjustment apparatus connected to said unit support apparatus (in paragraph 25, Brimeyer discloses that the frame 107 is acted on by the actuator), said at least one terrain contact element operable to be positioned to contact the terrain surface level at a terrain contact element contact region such that said at least one terrain contact element supports the unit support apparatus at a vertical separation distance of the unit support apparatus above the terrain surface, said height adjustment apparatus being operable to adjust the vertical separation distance of the unit support apparatus above the terrain surface, and thereby adjust the position of the operational unit to adjust a vertical separation distance of the operational unit above the terrain surface (in paragraph 14, Brimeyer discloses an actuator that adjusts the height of the header).
With respect to claim 2, Brimeyer discloses the limitations of claim 1. Brimeyer further discloses the main frame is generally transversely extending (in figure 3, Brimeyer discloses the header extending transversely; the header includes frame 110), and the operational unit is generally transversely extending (in paragraph 3, Brimeyer discloses that the header has a cutter bar, which anticipates it extending transversely).
With respect to claim 3, Brimeyer discloses the limitations of claim 1. Brimeyer further discloses the unit support apparatus has a weight and the operational unit has a weight (weight is inherent for physical objects in gravity), and wherein during operation in a flex mode of operation (in the abstract, Brimeyer discloses a float for the header; when floating, the header can be considered to be in a flex mode of operation), the terrain surface supports a portion of the weight of the operational unit and a portion of the weight of the unit support apparatus (in paragraph 25, Brimeyer discloses the ground engaging elements – shoes or wheels – pushing upwardly on frame 107; since the cutter bar 106 is attached to frame 107, this upward push by the ground engaging element clearly reads on supporting a portion of the weight of the operational unit and unit support apparatus).
With respect to claim 4, Brimeyer discloses the limitations of claim 1. Brimeyer further discloses during operation in a flex mode of operation, the unit support apparatus supports a portion of the weight of the operational unit (in paragraph 22, Brimeyer discloses that the frame 107 supports cutter 106).
With respect to claim 5, Brimeyer discloses the limitations of claim 1. Brimeyer further discloses in said flex mode of operation, the unit support apparatus facilitates the operational unit to move upwards and downwards relative to the main frame (in paragraph 22, Brimeyer discloses that frame 107 – which corresponds to applicant’s support apparatus and is attached to the cutter bar / operational unit – is movable relative to frame 110, which corresponds to applicant’s main frame; in paragraph 25, Brimeyer discloses that frame 107 / support apparatus can move upwardly with respect to frame 110).
With respect to claim 6, Brimeyer discloses the limitations of claim 3. Brimeyer further discloses in said flex mode of operation, a portion of the weight of the operational unit and a portion of the weight of the unit support apparatus is supported with a spring device operationally interconnected to the unit support apparatus (in figure 2 and paragraph 31, Brimeyer discloses a cylinder 184 connected to an hydraulic circuit 191 and accumulator 190 – this combination provides the float effect thereby reading on a spring device; while this is not a traditional spring made from coiled wire, applicant has disclosed air bags as spring devices, so the hydraulic valve assembly of Brimeyer fits within a reasonably broad interpretation of spring device; note that Brimeyer discloses a diaphragm as a pressure transmitting mechanism – pressure transmitting mechanisms read on spring devices; the cylinder is connected to frame 107 / unit support apparatus).
With respect to claim 7, Brimeyer discloses the limitations of claim 6. Brimeyer further discloses during the upwards and downwards movement of the operational unit relative to the main frame, the spring device provides a counter-acting force to counter-act a portion of the weight of the operational unit and a portion of the weight of the unit support apparatus (in figure 2 and paragraphs 30-31, Brimeyer discloses the hydraulic circuit where the cylinder and piston collapse together when frame 107/support apparatus descends relative to frame 110; as the cylinder shortens, it produces a countervailing force from accumulator 190 – this countervailing force will counteract a portion of the weight of the frame 107/support apparatus and the cutter 106 that is attached to the frame 107).
With respect to claim 8, Brimeyer discloses the limitations of claim 7. Brimeyer further discloses during a range of upwards and downwards movement of the operational unit relative to the main frame, the spring device provides a substantially constant counter-acting force to counter a portion of the weight of the operational unit and a portion of the weight of the unit support apparatus (all springs have a substantially constant force over small enough ranges of motion – as such the hydraulic piston of Brimeyer reads on a spring with a substantially constant counter-acting force over a range of movement; note that a low spring constant – k – would provide substantially constant forces over a broader range of movement than an high spring constant).
With respect to claim 9, Brimeyer discloses the limitations of claim 1. Brimeyer further discloses the operational unit has an operational unit terrain contact region (in paragraph 22 and figure 1, Brimeyer discloses cutter 106/operational unit which cuts crop; the area in which the cutter cuts crop reads on operational unit terrain contact region), and wherein said height adjustment apparatus is operable to adjust the vertical separation distance of the unit support apparatus above the terrain surface (in paragraph 14, Brimeyer discloses an actuator to set the height of the header relative to the ground), and thereby adjust the position of the operational unit to adjust a vertical separation distance between the operational unit terrain contact region of the operational unit and the terrain surface (in paragraph 22, Brimeyer discloses setting the height of the cutter above the ground).
With respect to claim 10, Brimeyer discloses the limitations of claim 1. Brimeyer further discloses:
- said operational unit comprises a transversely extending cutter bar , and said cutter bar comprising a plurality of cutting devices disposed transversely along said cutter bar and operable for cutting crop material (in paragraph 33, Brimeyer discloses the cutterbar 218 including a plurality of knives; the knives read on cutting devices and are shown in figure 3 as being disposed along the length of the cutterbar);
- said operational unit support apparatus comprises a cutter bar support apparatus (in figure 2, Brimeyer discloses the cutter attached to the frame 107/unit support apparatus – the portion of the frame 107 that is connected to the cutter reads on a cutter bar support apparatus) configured to interconnect said transversely extending cutter bar to said main frame and permit upward and downward movement of said cutter bar relative to said main frame (in paragraph 22, Brimeyer discloses that frame 107 – which corresponds to applicant’s support apparatus and is attached to the cutter bar / operational unit – is movable relative to frame 110, which corresponds to applicant’s main frame; in paragraph 25, Brimeyer discloses that frame 107 / support apparatus can move upwardly with respect to frame 110); and
- said height adjustment apparatus is operable to adjust the magnitude of the vertical separation distance between the cutter bar support apparatus and the terrain surface and thereby adjust the vertical separation distance between the cutter bar and the terrain surface (in paragraph 14, Brimeyer discloses an actuator to set the height of the header relative to the ground; in paragraph 22, Brimeyer discloses setting the height of the cutter above the ground).
With respect to claim 11, Brimeyer discloses the limitations of claim 10. Brimeyer further discloses said cutter bar support apparatus is configured and operable to permit for upwards and downwards movement of said cutter bar relative to said main frame during operation of said agricultural apparatus when cutting a crop material (in paragraph 22, Brimeyer discloses that frame 107 – which corresponds to applicant’s support apparatus and is attached to the cutter bar / operational unit – is movable relative to frame 110, which corresponds to applicant’s main frame; in paragraph 25, Brimeyer discloses that frame 107 / support apparatus can move upwardly with respect to frame 110).
With respect to claim 12, Brimeyer discloses the limitations of claim 11. Brimeyer further discloses during operation of said agricultural apparatus in cutting crop material such that said propulsion unit and said agricultural implement move over said terrain surface (in figure 1, Brimeyer discloses the harvester 100 and header 104 moving over terrain surface, as indicated by arrow 146), said at least one terrain contact element of said height adjustment apparatus is configured and operable for upwards and downwards movement relative to said main frame in synchronized upwards and downwards movement with said cutter bar (in paragraph 28, Brimeyer discloses that frame 107 / unit support apparatus moves vertically with respect to frame 110 and its up and down motion is driven by the ground engaging elements; since the cutterbar is attached to the frame 107, the cutterbar will move synchronously with the ground engaging elements – see paragraph 25, which discloses the ground engaging elements acting directly on frame 107).
With respect to claim 13, Brimeyer discloses the limitations of claim 1. Brimeyer further discloses said height adjustment apparatus is operable to adjust the height of the said terrain contact element of the height adjustment apparatus such that said terrain contact element of the height adjustment apparatus establishes a minimum cutter bar separation distance extending between said cutter bar and the terrain surface beneath the cutter bar (in paragraph 14, Brimeyer discloses an actuator to set the height of the header relative to the ground; in paragraph 22, Brimeyer discloses setting the height of the cutter above the ground; in paragraph 25, Brimeyer discloses the ground engaging elements acting directly on frame 107; as the ground engaging element maintains contact with the ground regardless of the height of the header, its height is adjusted, and that height provides a minimum distance between the ground and the cutterbar).
With respect to claim 14, Brimeyer discloses the limitations of claim 1. Brimeyer further discloses said terrain element contact region of said at least one terrain contact element of said height adjustment apparatus is located longitudinally proximate to said cutter bar (in paragraph 25, Brimeyer discloses the ground engaging elements acting directly on frame 107; the cutterbar, as shown in figure 2, is attached to frame 107 – the parts of the ground that the ground engaging members contact are close to frame 107, particularly if the ground engaging members are shoes; this nearness renders this contacted ground as longitudinally proximate to the cutter bar).
With respect to claim 15, Brimeyer discloses the limitations of claim 14. Brimeyer further discloses said terrain element contact region of said at least one terrain contact element of said height adjustment apparatus is located longitudinally behind said cutter bar (in figure 1, Brimeyer discloses that the vehicle and header are travelling in a direction – the ground contacted by the ground engaging elements on the frame 107 will be located longitudinally behind the cutter bar as the vehicle travels forward).
With respect to claim 19, Brimeyer discloses the limitations of claim 1. Brimeyer further discloses said unit support apparatus is pivotally connected to said main frame and fixedly connected to said operational unit (in figure 2, Brimeyer discloses frame 107 being pivotally connected to the frame 110 by control arms 172 and 174 as well as hydraulic piston 184 – the connections are pivot points 178, 180, and 182; in the same figure, Brimeyer discloses the cutterbar 106 fixedly attached to frame 107/unit support apparatus).
With respect to claim 28, Brimeyer discloses the limitations of claim 1. Brimeyer further discloses said implement and said propulsion unit are configured and operable for upwards and downwards movement of said main frame of said implement relative to said propulsion unit (in paragraph 14, Brimeyer discloses an actuator to set the height of the header relative to the ground and that the main frame is movable relative to a traction unit like a combine harvester; in paragraph 22, Brimeyer discloses setting the height of the cutter above the ground; in figure 1, Brimeyer discloses an hydraulic shaft connecting the feeder house 108 to the propulsion unit as well as what looks like an hinge represented by a circle above, also connecting the feeder house to the propulsion unit – this combination reads on moving the frame 110 relative to the propulsion unit; note that there are no ways shown to adjust the height of the propulsion unit – when the header goes up or down with respect to the ground, an height change with respect to the propulsion unit is anticipated).
With respect to claim 29, Brimeyer discloses the limitations of claim 28. Brimeyer further discloses a frame height positioning system operable to control and adjust the height of said main frame relative to said propulsion unit (in paragraph 14, Brimeyer discloses an actuator to set the height of the header relative to the ground; in paragraph 20, Brimeyer discloses operator interface mechanisms for controlling the combine, which includes setting the height of the header; in paragraph 78, Brimeyer discloses control system 430 determining the frame assembly should be leveled, which the control system does as described in paragraph 79).
With respect to claim 30, Brimeyer discloses the limitations of claim 29. Brimeyer further discloses a sensor system operable to provide signals to the frame height positioning system indicative of the height of the operational unit above the terrain surface (in paragraph 56, Brimeyer discloses sensors that detect data about the header, such as when it is being raised – when being raised, the signal would mean that the header, and thus cutterbar, is higher than it had been).
With respect to claim 32, Brimeyer discloses the limitations of claim 30. Brimeyer further discloses said frame height positioning system is calibrated using said sensor system (in paragraphs 78, Brimeyer discloses control system 430 using inputs from sensors 440 to determine the position of the frame and determine the frame should be levelled, that is calibrated to its intended position).
With respect to claim 33, Brimeyer discloses the limitations of claim 30. Brimeyer further discloses a height set point is established by said frame height positioning system and the frame height positioning system is operable to adjust the height of the main frame relative to the propulsion unit to seek the height set point (in paragraph 14, Brimeyer discloses positioning an header at a desired height relative to the ground – the desired height reads on a height set point; in paragraphs 78, Brimeyer discloses control system 430 using inputs from sensors 440 to determine the position of the frame and determine the frame should be levelled back to this desired height level).
With respect to claim 34, Brimeyer discloses the limitations of claim 33. Brimeyer further discloses operation of said height adjustment apparatus does not influence the frame height positioning system in operating to seek the height set point (in paragraphs 78 and 79, Brimeyer discloses the controller – which reads on the frame height positioning system – operating to seek and maintain an height set point; this process is not influenced by the operation of the height adjustment apparatus).
With respect to claim 35, Brimeyer discloses the limitations of claim 33. Brimeyer further discloses the operation of the height adjustment apparatus has the effect of artificially adjusting the level of the terrain surface beneath the cutter bar (in paragraph 25, Brimeyer discloses that the frame 107 is acted on by the actuator – this adjusts the level of the cutter bar with respect to the terrain surface by mechanical, or artificial, means).
With respect to claim 37, Brimeyer discloses the limitations of claim 1. Brimeyer further discloses a hydraulic fluid supply and control system operable to actuate said height adjustment apparatus to adjust the vertical separation distance of the unit support apparatus above the terrain surface (in paragraphs 78 and 79, Brimeyer discloses using a control system 430 and hydraulic fluid supply 416 to adjust the height of the frame assembly, which includes the frame 170/unit support apparatus).
With respect to claim 38, Brimeyer discloses an agricultural implement for use with a propulsion unit, said agricultural implement configured to be connected to said propulsion unit, said agricultural implement comprising:
a main frame having a main frame weight (in the abstract, Brimeyer discloses a first frame assembly that inherently has mass and so weight on earth – in figure 1, this is the attachment frame 110 NOT main frame 107), said propulsion unit configured and operable to support at least a portion of said main frame weight (in figure 1, Brimeyer discloses the header being supported by the combine; the abstract discloses that there is a float system, which will transfer weight to the combine under some circumstances);
an operational unit (in figure 1 and paragraph 20, Brimeyer discloses a cutter at 106);
a unit support apparatus configured to interconnect said operational unit to said main frame (in paragraph 22 and figure 1, Brimeyer discloses main frame 107, which supports cutter 106 and connects it to frame 110),
a height adjustment apparatus comprising at least one terrain contact element (in paragraph 25, Brimeyer discloses the header being provided with ground engaging elements), said height adjustment apparatus connected to said unit support apparatus (in paragraph 25, Brimeyer discloses that the frame 107 is acted on by the actuator), said at least one terrain contact element operable to be positioned to contact the terrain surface level at a terrain contact element contact region such that said at least one terrain contact element supports the unit support apparatus at a vertical separation distance of the unit support apparatus above the terrain surface, said height adjustment apparatus being operable to adjust the vertical separation distance of the unit support apparatus above the terrain surface, and thereby adjust the position of the operational unit to adjust a vertical separation distance of the operational unit above the terrain surface (in paragraph 14, Brimeyer discloses an actuator that adjusts the height of the header).
With respect to claim 39, Brimeyer discloses an agricultural apparatus (in figure 1, Brimeyer discloses an agricultural machine) comprising:
a propulsion unit (in figure 1, Brimeyer discloses element 100 is an agricultural machine that moves);
an implement connected to said propulsion unit (in the abstract, Brimeyer discloses an header 104, which reads on an implement – as shown in figure 1, the header is attached to the harvester), said implement comprising:
a main frame having a main frame weight (in the abstract, Brimeyer discloses a first frame assembly that inherently has mass and so weight on earth – in figure 1, this is the attachment frame 110 NOT main frame 107), said propulsion unit configured and operable to support at least a portion of said main frame weight (in figure 1, Brimeyer discloses the header being supported by the combine; the abstract discloses that there is a float system, which will transfer weight to the combine under some circumstances);
an operational unit (in figure 1 and paragraph 20, Brimeyer discloses a cutter at 106);
a unit support apparatus configured to interconnect said operational unit to said main frame (in paragraph 22 and figure 1, Brimeyer discloses main frame 107, which supports cutter 106 and connects it to frame 110),
a height adjustment apparatus comprising at least one terrain contact element (in paragraph 25, Brimeyer discloses the header being provided with ground engaging elements), said height adjustment apparatus connected to said unit support apparatus (in paragraph 25, Brimeyer discloses that the frame 107 is acted on by the actuator), said at least one terrain contact element operable to be positioned to contact the terrain surface level at a terrain contact element contact region such that said at least one terrain contact element supports the unit support apparatus at a vertical separation distance of the unit support apparatus above the terrain surface (in paragraph 26, Brimeyer discloses frame 107 being supported by the ground engaging elements and thus maintaining a vertical separation from the ground), said height adjustment apparatus being operable to adjust the vertical separation distance of the unit support apparatus above the terrain surface, and thereby adjust the position of the operational unit to adjust a vertical separation distance of the operational unit above the terrain surface (in paragraph 14, Brimeyer discloses an actuator that adjusts the height of the header).
With respect to claim 40, Brimeyer discloses a method of operating an agricultural apparatus (in figure 1, Brimeyer discloses an agricultural machine) said agricultural apparatus comprising:
a propulsion unit (in figure 1, Brimeyer discloses element 100 is an agricultural machine that moves);
an implement connected to said propulsion unit (in the abstract, Brimeyer discloses an header 104, which reads on an implement – as shown in figure 1, the header is attached to the harvester), said implement comprising:
a main frame having a main frame weight (in the abstract, Brimeyer discloses a first frame assembly that inherently has mass and so weight on earth – in figure 1, this is the attachment frame 110 NOT main frame 107), said propulsion unit configured and operable to support at least a portion of said main frame weight (in figure 1, Brimeyer discloses the header being supported by the combine; the abstract discloses that there is a float system, which will transfer weight to the combine under some circumstances);
an operational unit (in figure 1 and paragraph 20, Brimeyer discloses a cutter at 106);
a unit support apparatus configured to interconnect said operational unit to said main frame (in paragraph 22 and figure 1, Brimeyer discloses main frame 107, which supports cutter 106 and connects it to frame 110),
a height adjustment apparatus comprising at least one terrain contact element (in paragraph 25, Brimeyer discloses the header being provided with ground engaging elements), said height adjustment apparatus connected to said unit support apparatus (in paragraph 25, Brimeyer discloses that the frame 107 is acted on by the actuator), said at least one terrain contact element operable to be positioned to contact the terrain surface level at a terrain contact element contact region such that said at least one terrain contact element supports the unit support apparatus at a vertical separation distance of the unit support apparatus above the terrain surface (in paragraph 26, Brimeyer discloses frame 107 being supported by the ground engaging elements and thus maintaining a vertical separation from the ground), said height adjustment apparatus being operable to adjust the vertical separation distance of the unit support apparatus above the terrain surface, and thereby adjust the position of the operational unit to adjust a vertical separation distance of the operational unit above the terrain surface (in paragraph 14, Brimeyer discloses an actuator that adjusts the height of the header);
said method comprising operating the height adjustment apparatus to vary the vertical separation distance between the unit support apparatus above the terrain surface and thereby adjust a vertical separation distance between the operational unit and the terrain surface (in paragraph 22, Brimeyer discloses moving frame 107 and frame 110 up or down together, which would move the cutterbar/operational unit up or down, adjusting its vertical separation from the terrain surface).
With respect to claim 41, Brimeyer discloses the limitations of claim 40. Brimeyer further discloses a frame height positioning system operable to control and adjust the height of said main frame relative to said propulsion unit (in paragraph 14, Brimeyer discloses an actuator to set the height of the header relative to the ground; in paragraph 20, Brimeyer discloses operator interface mechanisms for controlling the combine, which includes setting the height of the header; in paragraph 78, Brimeyer discloses control system 430 determining the frame assembly should be leveled, which the control system does as described in paragraph 79).
With respect to claim 42, Brimeyer discloses the limitations of claim 41. Brimeyer further discloses operating said frame height positioning system and said height adjustment apparatus contemporaneously (in paragraphs 78 and 79, Brimeyer discloses operating the height adjustment apparatus; in paragraph 25, Brimeyer discloses the ground engagement elements, which are part of the height adjustment apparatus, providing guidance for the height of the cutter bar; these two operations can occur simultaneously, thus disclosing the limitations of this claim).
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 16, 20, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Brimeyer in view of Allochis (US 2016/0316620).
With respect to claim 16, Brimeyer discloses the limitations of claim 1. Brimeyer does not disclose said unit support apparatus comprises a plurality of transversely spaced, longitudinally oriented paddles, each of said paddles being rigidly interconnected to said transversely extending cutter bar proximate a forward end region of each of said paddles and pivotally interconnected to said main frame proximate an inward end region of each of said paddles.
However, Allochis discloses a unit support apparatus comprises a plurality of transversely spaced, longitudinally oriented paddles (in figure 9, Allochis discloses cutterbar 201 with different parts of the cutterbar connected to different baseplates 273; the baseplates are shown in figure 9 as being longitudinally oriented and transversely spaced and thus read on the claimed paddles – see also paragraph 32), each of said paddles being rigidly interconnected to said transversely extending cutter bar proximate a forward end region of each of said paddles (in paragraph 32, Allochis discloses that the base plate 273 is fixed to the cutterbar 201) and pivotally interconnected to said main frame proximate an inward end region of each of said paddles (in paragraph 32, Allochis discloses that the base plates 273/paddles are connected by a rotary joint 272 to slip plates 271).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to modify the attachment of the frame 107/unit support apparatus of Brimeyer by adding base plates/paddles and slip plates as taught by Allochis with the motivation to “[w]hen the cutterbar … flexes up and down, the slip plates . . . are free to accommodate small movements” (Allochis paragraph 32).
With respect to claim 20, Brimeyer in view of Allochis discloses the limitations of claim 1 (and of claim 16). Brimeyer in view of Allochis further discloses said unit support apparatus comprises a plurality of transversely spaced and longitudinally extending paddles which are pivotally interconnected to said main frame (in figure 9 and paragraph 32, Allochis discloses base plates 273 that read on paddles), and wherein said at least one terrain contact element comprises a plurality of terrain contact elements (in paragraph 25, Brimeyer discloses plural ground engaging elements), and wherein each of said plurality of terrain contact elements is at least partially mounted on a paddle of said plurality of paddles (in paragraph 25, Brimeyer discloses that the ground engaging elements are mounted to the frame 107 which, as modified by Allochis, includes the paddles).
With respect to claim 21, Brimeyer in view of Allochis discloses the limitations of claim 20. Brimeyer in view of Allochis further discloses each terrain contact element of said plurality of terrain contact elements is at least partially mounted on said operational unit (in paragraph 25, Brimeyer discloses that the ground engaging elements are mounted to the frame 107; since the cutterbar is affixed to the frame 107, the ground engaging elements are mounted, at least indirectly on the cutterbar/operational unit).
Claims 17, 18, 22-27 are rejected under 35 U.S.C. 103 as being unpatentable over Brimeyer in view of Allochis (US 2016/0316620) as applied to claim 20 and further in view of Talbot et al. (US 2019/0029175 hereinafter Talbot).
With respect to claim 17, Brimeyer in view of Allochis discloses the limitations of claim 16. Brimeyer in view of Allochis further discloses said height adjustment apparatus comprises a plurality of terrain contact assemblies (in paragraph 25, Brimeyer discloses ground engaging elements such as shoes or gauge wheels which read on terrain contact assemblies) each of said terrain contact assemblies mounted to one of said paddles and each of said terrain contact assemblies having a terrain contact element (in paragraph 25, Brimeyer discloses the ground engaging elements pushing on the frame 107/unit support apparatus which connects the ground engaging elements to the frame 107 and thus to the paddles albeit not necessarily directly; the terrain contact element is interpreted as the part of the terrain contact assembly that touches the ground, like the tire of a wheel or sole of a shoe), the terrain contact element of each of said plurality of terrain contact assemblies being interconnected to a respective one of said plurality of paddles (in paragraph 25, Brimeyer discloses the ground engaging elements pushing on the frame 107/unit support apparatus which connects the ground engaging elements to the frame 107 and thus to the paddles albeit not necessarily directly), and each of the terrain contact elements of said plurality of terrain contact assemblies operable to be positioned by said height adjustment apparatus at a level below said cutter bar at transversely spaced locations, such that each terrain contact element of said plurality of terrain contact elements can be positioned to contact the terrain surface at a level beneath the cutter bar (in paragraph 25, Brimeyer discloses ground engaging elements engaging the surface of the ground and thus positioned beneath the cutter bar). Brimeyer in view of Allochis does not explicitly show terrain contact elements are transversely spaced across said operational unit.
However, Talbot discloses show terrain contact elements are transversely spaced across said operational unit (in figure 1, Talbot discloses ground engaging members 51 spread transversely across an header with a cutter bar – see paragraph 116 for the header including a cutter bar).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the transversely spaced ground engaging elements of Talbot with the ground engaging elements of Brimeyer in view of Allochis because each element would merely perform the same function that it does individually. The predictable result of the combination would be the ground engaging elements supporting the header weight evenly across the header’s transverse expanse (see MPEP 2143(I)(A)).
With respect to claim 18, Brimeyer in view of Allochis and Talbot discloses the limitations of claim 17. Brimeyer in view of Allochis in view of Talbot further discloses said height adjustment apparatus is operable to set the position of each of said plurality of terrain engaging elements below the cutter bar at transversely spaced locations (in paragraph 22, Brimeyer discloses setting the height of the cutter bar; in paragraph 25, Brimeyer discloses ground engaging elements, and since there are plural elements and the header is transversely lengthy, setting the ground engaging elements transversely is shown), to establish a minimum cutter bar separation distance extending between said cutter bar and the terrain surface beneath the cutter bar across substantially the entire transverse width of the cutter bar (in paragraph 25, Brimeyer discloses ground engaging elements engaging the surface of the ground and thus positioned beneath the cutter bar).
With respect to claim 22, Brimeyer in view of Allochis discloses the limitations of claim 20. Brimeyer in view of Allochis further discloses said plurality of terrain contact elements (in paragraph 25, Brimeyer discloses ground engaging elements, and since there are plural elements and the header is transversely lengthy, setting the ground engaging elements transversely is likely shown). But Brimeyer in view of Allochis does not explicitly show terrain contact elements are transversely spaced across said operational unit.
However, Talbot discloses show terrain contact elements are transversely spaced across said operational unit (in figure 1, Talbot discloses ground engaging members 51 spread transversely across an header with a cutter bar – see paragraph 116 for the header including a cutter bar).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the transversely spaced ground engaging elements of Talbot with the ground engaging elements of Brimeyer in view of Allochis because each element would merely perform the same function that it does individually. The predictable result of the combination would be the ground engaging elements supporting the header weight evenly across the header’s transverse expanse (see MPEP 2143(I)(A)).
With respect to claim 23, Brimeyer in view of Allochis discloses the limitations of claim 20. Brimeyer in view of Allochis does not disclose each of said plurality terrain contact elements is pivotally connected to said operational unit.
However, Talbot discloses each of said plurality terrain contact elements is pivotally connected to said operational unit (in figure 6, Talbot discloses a ground engaging element 51 that is connected to the rest of the header by extendible member 60 – the axel at location 59 shows the ground engaging element pivotally connected to the cutter bar 17, although not directly – see figure 7).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the pivoting wheel attachment system of Talbot with the ground engaging members of Brimeyer in view of Allochis because each element merely performs the same function as it does separately. The predictable result of the combination would be an header will ground engaging elements that function like those shown by Talbot (see MPEP 2143(I)(A)).
With respect to claim 24, Brimeyer in view of Allochis and Talbot discloses the limitations of claim 23. Brimeyer in view of Allochis and Talbot further discloses said height adjustment apparatus comprises a plurality of linkages (in figure 7, Talbot discloses linkages including a pivot near location 59; note also that, in figure 1, Talbot had disclosed multiple wheels), and wherein each linkage of said plurality of linkages is mounted to a respective one of said paddles (in figure 1, Talbot discloses the ground engaging elements spaced across the header – as combined with Brimeyer and Allochis, the spacing associates the ground engaging elements with specific paddles), each said linkage of said plurality of linkages is operable to support and facilitate upwards and downwards movement of each terrain engaging element relative to its respective said paddle (in comparing figures 7 and 8 in Talbot, that reference discloses upwards and downwards movement of the ground engaging element with respect to the cutter bar, which is attached to the paddle by the combination of Brimeyer and Allochis), and wherein said height adjustment apparatus further comprises a plurality of actuators (in paragraph 123, Talbot discloses springs 24 which read on a plurality of actuators), an actuator of each of said plurality of actuators being operably interconnected to each linkage and said terrain engaging element (in figure 5, Talbot discloses springs 24 linking to cutter 17 via link 26 – the ground engaging elements are connected to apparatus 15 that holds the cutter), each said actuator operable to adjust the vertical position of each respective terrain engaging element (in paragraph 123, Talbot discloses the springs can allow one end of the header to move independently of the other), to adjust the vertical separation distance between said operational unit and the terrain surface beneath operational unit (in comparing figures 6 and 7, Talbot discloses adjusting the vertical separation distance between the ground and the cutter; also, the springs 24 adjust the vertical separation distance by floating the header – or a portion of the header – towards a desired height).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the invention to modify the header of Brimeyer in view of Allochis and Talbot as shown with respect to claim 23 by providing the independent floating for different sections of the header as taught by Talbot with the motivation that “the header tends to follow the ground level” (Talbot paragraph 123).
With respect to claim 25, Brimeyer in view of Allochis and Talbot discloses the limitations of claim 24. Brimeyer in view of Allochis and Talbot further discloses each of said actuators is a hydraulic fluid cylinder that forms part of a height adjustment hydraulic fluid control and supply system (in paragraph 86, Talbot discloses using hydraulic cylinders to adjust the height of the wheels and thus cutterbar above the ground).
With respect to claim 26, Brimeyer in view of Allochis and Talbot discloses the limitations of claim 25. Brimeyer in view of Allochis and Talbot further discloses said height adjustment hydraulic fluid control and supply system circuit is fluidly interconnected to a bi-directional hydraulic fluid circuit of said propulsion unit and said implement (in paragraph 86, Talbot discloses using the combine’s hydraulics for the actuators; the combine is the propulsion unit and the implement).
With respect to claim 27, Brimeyer in view of Allochis and Talbot discloses the limitations of claim 26. Brimeyer in view of Allochis and Talbot further discloses said bi-directional hydraulic fluid circuit of said propulsion unit and said implement comprises a hydraulic fluid supply and control system operable to move a reel of said agricultural apparatus in a forward direction and an aft direction (in paragraph 22, Brimeyer discloses reel 105; as shown in figure 7, the hydraulic system provides power to the frame assembly; as disclosed in paragraph 22 of Brimeyer, the reel is movable relative to frame 110, including rotation which produces some forward and aft movement).
Claims 43, 44, 45, 47, 48, and 52 are rejected under 35 U.S.C. 103 as being unpatentable over Brimeyer in view of Talbot.
With respect to claim 44, Brimeyer discloses an agricultural apparatus (in figure 1, Brimeyer
discloses an agricultural machine) comprising:
a propulsion unit (n figure 1, Brimeyer discloses element 100 is an agricultural machine that moves);
an implement mounted on said propulsion unit (in the abstract, Brimeyer discloses an header 104, which reads on an implement – as shown in figure 1, the header is attached to the harvester), said implement comprising:
(a) a main frame having a main frame weight (in the abstract, Brimeyer discloses a first frame assembly that inherently has mass and so weight on earth – in figure 1, this is the attachment frame 110, NOT main frame 107), said propulsion unit configured and operable to support at least a portion of said main frame weight (in figure 1, Brimeyer discloses the header being supported by the combine; the abstract discloses that there is a float system, which will transfer weight to the combine under some circumstances);
I a height adjustment apparatus comprising at least one terrain contact element (in paragraph 25, Brimeyer discloses the header being provided with ground engaging elements), said at least one terrain contact element of said height adjustment apparatus having a terrain contact region operable to be positioned to contact the terrain surface level at a terrain contact location such that said terrain contact element of said height adjustment apparatus is operable to support said terrain contact element (in paragraph 25, Brimeyer discloses ground engaging elements supporting the frame 107);
iii. a frame height positioning system operable to control and adjust the height of said main frame relative to said propulsion unit (in paragraphs 78 and 79, Brimeyer discloses a system to adjust the level of the frame assembly);
a sensor system operable to provide sensor signals to the frame height positioning system dependent upon a position of the terrain contact element of the terrain surface following apparatus and indicative of the level of the terrain surface (in paragraph 78, Brimeyer discloses sensors 440 providing inputs that indicate the position of the frame – while Brimeyer is not relied upon to show the terrain surface following apparatus or its components, this portion will be positioned on the frame 107 and as such its position is part of the position of the frame);
wherein said apparatus is operable:
- to determine a height set point for said frame height positioning system (in paragraphs 78 and 79, Brimeyer discloses assessing if a frame is level – the standard for “level” reads on a height set point);
- using the height adjustment apparatus, adjust the position of the terrain contact element of the height adjustment apparatus in relation to the terrain surface such that the terrain contact region of the terrain contact element of the height adjustment apparatus follows the level of the terrain surface and the at least one terrain contact element region of the terrain following apparatus follows a path vertically offset from and above the path of the terrain contact element region of the height adjustment apparatus (in paragraphs 78 and 79, Brimeyer discloses adjusting the ground engaging member so that the ground engaging member engages the ground to maintain a consistent height of the cutter and frame; while Brimeyer is not relied upon to disclose the terrain following apparatus or its components, since it will be statically attached to the frame 107, all of the elements attached to frame 107 will be consistently vertically offset form and above the path of the ground).
Brimeyer does not disclose:
(b) a terrain surface following apparatus comprising at least one terrain contact element having at least one terrain contact region, said terrain contact element being forced towards the terrain surface;
[positioning] such that said least one terrain contact region of the terrain following apparatus is positioned at a vertical separation distance above the terrain surface, said height adjustment apparatus operable to adjust the magnitude of said vertical separation distance.
However, Talbot discloses:
(b) a terrain surface following apparatus comprising at least one terrain contact element having at least one terrain contact region, said terrain contact element being forced towards the terrain surface (in figure 8, Talbot discloses skid 48 which reads on a terrain surface following apparatus since it is designed to run along the ground without digging into the surface; the skid is held above ground-level in figure 8; gravity forces the skid towards the ground; the terrain contact region is the bottom of the skid that is used to run along the ground in some operating modes);
[positioning] such that said least one terrain contact region of the terrain following apparatus is positioned at a vertical separation distance above the terrain surface, said height adjustment apparatus operable to adjust the magnitude of said vertical separation distance (in figure 8, Talbot discloses the terrain contact region of the terrain following apparatus is disclosed above ground level – that is a vertical separation distance above the terrain surface; by the comparison of figures 7 and 8, Talbot discloses adjustment of the magnitude of the distance between the ground and the skid).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the skid of Talbot with the header of Brimeyer because each element merely performs the same function as it does separately. The predictable result of the combination is a header that has an additional ground engaging member that can be optionally used (see MPEP 2143(I)(A)).
With respect to claim 45, Brimeyer in view of Talbot discloses the limitations of claim 44. Brimeyer in view of Talbot further discloses at least one terrain surface following apparatus comprises at least one transversely spaced, longitudinally oriented paddle, said at least one of paddle being rigidly interconnected to a transversely extending cutter bar proximate a forward end region and pivotally interconnected to said main frame proximate a rearward end region (in figure 2, Brimeyer discloses frame 107 which reads on a single transversely space, longitudinally oriented paddle; as shown in figure 2, frame 107/paddle is rigidly connected to the cutter 106 and pivotally connected by 172, 184, and 174 to frame 110).
With respect to claim 47, Brimeyer in view of Talbot discloses the limitations of claim 44, which is an apparatus corollary for method claim 47. As such, claim 47 is rendered obvious for the same reasons.
With respect to claim 48, Brimeyer in view of Talbot discloses the limitations of claim 47. Brimeyer in view of Talbot further discloses [the method that the apparatus is operable using the height adjustment apparatus, adjust the position . . .] is performed while moving said implement with said propulsion unit to perform an agricultural operation, and while said frame height positioning system is seeking the height set point (in paragraphs 78 and 79, Brimeyer discloses using the height positioning system to maintain a selected height; this system does not require altering the height of frame 107 and so can maintain consistent height separation between the skid taught by Talbot and the ground/ground engaging element while maintaining the correct height).
With respect to claim 43, (which depends from claim 48) Brimeyer in view of Talbot discloses the limitations of claim 48. Brimeyer (as part of the combination) further discloses the operation of the height adjustment apparatus has the effect of artificially adjusting the level of the terrain surface beneath the operational unit (in paragraph 25, Brimeyer discloses that the frame 107 is acted on by the actuator – this adjusts the level of the cutter bar with respect to the terrain surface by mechanical, or artificial, means).
With respect to claim 52, Brimeyer discloses a method of operating an agricultural apparatus (in figure 1, Brimeyer discloses an agricultural machine), the agricultural apparatus comprising:
a propulsion unit (n figure 1, Brimeyer discloses element 100 is an agricultural machine that moves);
an implement mounted on said propulsion unit (in the abstract, Brimeyer discloses an header 104, which reads on an implement – as shown in figure 1, the header is attached to the harvester), said implement comprising:
(a) a main frame having a main frame weight (in the abstract, Brimeyer discloses a first frame assembly that inherently has mass and so weight on earth – in figure 1, this is the attachment frame 110, NOT main frame 107), said propulsion unit configured and operable to support at least a portion of said main frame weight (in figure 1, Brimeyer discloses the header being supported by the combine; the abstract discloses that there is a float system, which will transfer weight to the combine under some circumstances);
I a height adjustment apparatus comprising at least one terrain contact element (in paragraph 25, Brimeyer discloses the header being provided with ground engaging elements), said at least one terrain contact element of said height adjustment apparatus operable to be positioned to contact the terrain surface level at a terrain contact location, said height adjustment apparatus being operable to adjust the magnitude of said vertical separation distance (in paragraph 25, Brimeyer discloses ground engaging elements supporting the frame 107);
(d) a frame height positioning system operable to control and adjust the height of said main frame relative to said propulsion unit (in paragraphs 78 and 79, Brimeyer discloses a system to adjust the level of the frame assembly);
I a sensor system operable to provide sensor signals to the frame height positioning system dependent upon a position of the terrain contact element of the terrain surface following apparatus and indicative of the level of the terrain surface (in paragraph 78, Brimeyer discloses sensors 440 providing inputs that indicate the position of the frame – while Brimeyer is not relied upon to show the terrain surface following apparatus or its components, this portion will be positioned on the frame 107 and as such its position is part of the position of the frame);
wherein said method comprises:
- establishing a height set point for said frame height positioning system (in paragraphs 78 and 79, Brimeyer discloses assessing if a frame is level – the standard for “level” reads on a height set point);
- while the frame height positioning system is operating to move the main frame towards the height set point and maintain the height set point, then using the height adjustment apparatus to adjust the height of the terrain contact element of the height adjustment apparatus relative to the terrain surface (in paragraphs 78 and 79, Brimeyer discloses adjusting the ground engaging member so that the ground engaging member engages the ground to maintain a consistent height of the cutter and frame; while Brimeyer is not relied upon to disclose the terrain following apparatus or its components, since it will be statically attached to the frame 107, all of the elements attached to frame 107 will be consistently vertically offset form and above the path of the ground – basically, this is Brimeyer’s disclosure of maintaining the frame height via controller 430 while the float maintains the height of the cutter).
Brimeyer does not disclose:
(b) a terrain surface following apparatus comprising at least one terrain contact element having at least one terrain contact region, said terrain contact element being forced towards the terrain surface;
[positioning] such that said least one terrain contact region of the terrain following apparatus is positioned at a vertical separation distance above the terrain surface, said height adjustment apparatus operable to adjust the magnitude of said vertical separation distance.
However, Talbot discloses:
(b) a terrain surface following apparatus comprising at least one terrain contact element having at least one terrain contact region, said terrain contact element being forced towards the terrain surface (in figure 8, Talbot discloses skid 48 which reads on a terrain surface following apparatus since it is designed to run along the ground without digging into the surface; the skid is held above ground-level in figure 8; gravity forces the skid towards the ground; the terrain contact region is the bottom of the skid that is used to run along the ground in some operating modes);
[positioning] such that said least one terrain contact region of the terrain following apparatus is positioned at a vertical separation distance above the terrain surface, said height adjustment apparatus operable to adjust the magnitude of said vertical separation distance (in figure 8, Talbot discloses the terrain contact region of the terrain following apparatus is disclosed above ground level – that is a vertical separation distance above the terrain surface; by the comparison of figures 7 and 8, Talbot discloses adjustment of the magnitude of the distance between the ground and the skid).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the skid of Talbot with the header of Brimeyer because each element merely performs the same function as it does separately. The predictable result of the combination is a header that has an additional ground engaging member that can be optionally used (see MPEP 2143(I)(A)).
Allowable Subject Matter
Claims 31, 36, and 46 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.
Claims 49-51 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS JAMES MEISLAHN whose telephone number is (703)756-1925. The examiner can normally be reached 8:30-5:30 EST M-Th, M-F.
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/DOUGLAS J MEISLAHN/Examiner, Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671
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