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 .
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.
Claim Objections
Claim 14 is objected to because of the following informalities: lines 6-7 of the claim recite “that when said mounting bracket is attached to the angularly variable link, places the scraper body in a working state” which should read “that when said mounting bracket is attached to the angularly variable link, is placed in a working state” in order to correct what appears to be a grammatical mistake. 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.
Claims 3, 5, and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "said mounting bracket" in the last line of the claim. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation will be interpreted as if the same as the claimed “scraper holder”.
Claims 5 and 11 are rejected by virtue of their dependency from a rejected base 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 1-3, 7, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hughes (Pat. No.: 5,626,196) in view of Arksey (Pub. No.: 2018/0288930).
Regarding independent claim 1, Hughes discloses a row unit for a seeding implement, said row unit comprising:
a disc (3 or 4) arranged to be displaced across an area of ground in a forward travel direction to open a primary furrow in the ground (as discloses in col. 4, lns. 56-60);
an angularly variable link (24 and 25 correspond to the link, See Fig. 1) on which the disc (3 or 4) is carried (See Fig. 1), and whose angular orientation varies with adjustment of a working depth to which the disc penetrates into the ground (See col. 5, lns. 3-9, where it discloses the link has a depth adjustment mechanism via springs 34 and detents 32 which thereby varies its angular orientation);
a scraper assembly (See Fig. 2) supported (at least operably) on said angularly variable link (24 and 25, See Fig. 1) and comprising:
a scraper body (body of 55) supported alongside the disc (3 or 4, See Fig. 1) in a position operable scrape soil buildup therefrom during rotation thereof (as disclosed See col. 5, lns. 51-54); and
a wing (64) projecting laterally from the scraper body (body of 55) to an outer side thereof opposite the disc;
wherein the scraper body (body of 55) is supported in an adjustable manner selectively repositionable into a plurality of differently pitched orientations (See col. 6, lns. 15-26 where it discloses the scraper body is “adjustable in angle” into a plurality of different pitched orientations via element 63), relative to said link (24 and 25, See Fig. 1), about a reference axis that penetrates transversely through a plane of the disc from one side thereof to another in a direction of transverse relationship to the forward travel direction (See Fig. 2 where the claimed reference axis corresponds to the dotted line depicted for inserting element 82).
Hughes fails to disclose a wing projecting laterally from the scraper body (body of 55) to an outer side thereof opposite the disc.
Arksey, discloses a row unit with a similar disc and scraper assembly (18, See Fig. 2) that is adjustable to a plurality of differently pitched positions via slots (32, See Fig. 4). More specifically, Arksey teaches wherein the scraper assembly comprises a wing (60 as seen in Fig. 4) projecting laterally from the scraper body to an outer side thereof opposite the disk (See para. [0044] where it discloses “a wing member formed separately of the scraper body and attached thereto to project laterally therefrom to an outer side thereof opposite the disc”).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the scraper assembly of Hughes to include the wing of Arksey, with a reasonably expectation of success, in order to “widen a lower part of the already cut shelf” via the wing (See para. [0086]).
Regarding claim 2, the combination discloses the row unit of claim 1. Hughes, of the combination, further discloses a pivot stud (82) lying on said reference axis (See Fig. 2 where the claimed reference axis corresponds to the dotted line depicted for inserting element 82), on which the scraper body (body of 55) is at least partially supported, and about which the scraper body (body of 55) is pivotable during repositioning thereof among said plurality of differently pitched orientations (See col. 6, lns. 9-26 for a disclosure of pivoting the scraper body about the claimed axis”).
Regarding claim 3, the combination discloses the row unit of claim 1. Hughes, of the combination, further discloses wherein the scraper assembly comprises a scraper holder (53, See Fig. 2) that is suspended (i.e., hangs below) from said angularly variable link (24 and 25) and through which the scraper is indirectly supported on the angularly variable link (24 and 25), wherein said pivot stud (82) projects from a first one of either said scraper holder or said scraper body (See Fig. 2 where stud 82 is depicted as projecting from the scraper body) into engaged or engageable relation with an aligned pivot hole (62) belonging to a second one of either said mounting bracket or said scraper body (See Fig. 2 where the claimed aligned pivot hole 62 belongs to the scraper holder 53).
Regarding claim 7, the combination discloses the row unit of claim 1. Hughes, of the combination, also discloses wherein the pivot stud (82) is externally threaded (as seen in Fig. 2), and is accompanied by a mating pivot hex bore (76) that “mates” (See col. 6, lns. 5-9) with the head of the pivot stud (82). However, Hughes fails to disclose wherein the mating pivot hex bore is specifically a nut that is threaded or threadable onto said pivot stud at a side of the pivot hole opposite that from which the pivot stud penetrates said pivot hole. Nonetheless, Hughes discloses a plurality of nuts (84 and 74) that are threadable for securing other studs (83 and 73 respectively) at a side of respective holes (63 and 72) opposite that from which the others studs penetrate their respective holes (as seen in Fig. 2). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the mating pivot hex bore of Hughes, to specifically be the threaded nut configuration disclosed for other elements in Hughes, as using nuts to secure threaded elements to mounting components is well within the skill of one having ordinary skill in the art.
Regarding claim 10, the combination discloses the row unit of claim 1. Hughes, of the combination, further discloses, a positioning stud (83) engaged or engageable in any selected one of a plurality a cooperable positioning positions (See Fig. 2 where the plurality of positions exist along slotted opening 63), of which each positioning position corresponds to a different respective one of the plurality of differently pitched positions of the scraper body, so that, when so engaged, the positioning stud (83) blocks pivotal movement of the scraper body about the reference axis (See col. 6, lns. 9-26 where it discloses that when the positioning stud is loosely engaged by a corresponding nut within arcuate slot 63, the scraper is “adjustable in angle by loosening the nut and moving the plate back and forth along the slot).
Although Hughes discloses the positioning stud is engaged or engageable in any one of the plurality of cooperable positioning positions, Hughes fails to discloses wherein the plurality of positions are created by a plurality of holes. Arksey, discloses a row unit with a similar disc and scraper assembly (18, See Fig. 2) that is adjustable to a plurality of differently pitched positions via slots (32, See Fig. 4). More specifically, Arksey teaches wherein the scraper assembly comprises an adjustable mounting stud (See para. [0070] where it discloses the corresponding stud for mounting holes 32 are “not shown”) engaged in any one of a plurality of cooperating positioned holes (32, See Fig. 4). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the positioning positions of Hughes, to specifically be the positioning holes of Arksey, with a reasonable expectation of success, as a modification directed towards hole shape is well within one having ordinary skill in the art, and it appears that the invention would perform equally well as the one disclosed by Hughes.
Regarding claim 11, the combination discloses the combination discloses the row unit of claim 1. Hughes, of the combination, further discloses, a positioning stud (83) engaged or engageable in any selected one of a plurality a cooperable positioning positions (See Fig. 2 where the plurality of positions exist along slotted opening 63), of which each positioning position corresponds to a different respective one of the plurality of differently pitched positions of the scraper body, so that, when so engaged, the positioning stud (83) blocks pivotal movement of the scraper body about the reference axis (See col. 6, lns. 9-26 where it discloses that when the positioning stud is loosely engaged by a corresponding nut within arcuate slot 63, the scraper is “adjustable in angle by loosening the nut and moving the plate back and forth along the slot); wherein said positioning stud (83) projects from the same first one of either said mounting bracket or said scraper body as the pivot stud (See Fig. 2 where stud 83 is depicted as projecting from the scraper holder 53), and the positioning positions belong to the same second one of either said mounting bracket or said scraper body as the pivot hole (See Fig. 2 where the claimed positioning positions in slot 63 belongs to the scraper mounting bracket 53).
Although Hughes discloses the positioning stud is engaged or engageable in any one of the plurality of cooperable positioning positions, Hughes fails to disclose wherein the plurality of positions are created by a plurality of holes. Arksey, discloses a row unit with a similar disc and scraper assembly (18, See Fig. 2) that is adjustable to a plurality of differently pitched positions via slots (32, See Fig. 4). More specifically, Arksey teaches wherein the scraper assembly comprises an adjustable mounting stud (See para. [0070] where it discloses the corresponding stud for mounting holes 32 are “not shown”) engaged in any one of a plurality of cooperating positioned holes (32, See Fig. 4). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the positioning positions of Hughes, to specifically be the positioning holes of Arksey, with a reasonable expectation of success, as a modification directed towards hole shape is well within one having ordinary skill in the art, and it appears that the invention would perform equally well as the one disclosed by Hughes.
Regarding claim 12, the combination discloses the row unit of claim 10. Arksey, of the combination, further discloses wherein said positioning holes (32) are of overlapping relation to one another, and thereby form a multi-lobed slot (as seen in Fig. 4).
Regarding claim 13, the combination discloses the row unit of claim 10. Hughes, of the combination fails to discloses wherein the positioning holes reside in the scraper body. Arksey, of the combination, discloses that the plurality of positioning holes (32) are located on a scraper body (18, See Fig. 4). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the location of the holes from the scraper mounting bracket to the scraper itself, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Claims 4-6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hughes in view of Arksey and further in view of Strandlund (Pat. No.: 1,787,127).
Regarding claim 4, the resultant combination discloses the row unit of claim 2.
Similar to the combination, Strandlund discloses that a bracket (16) is supported in an adjustable manner selectively repositionable into a plurality of differently pitched orientations, about a reference axis that penetrates in a direction of transverse relationship to the forward travel direction (See pg. 2, lns. 12-26 where it discloses “the bracket 16 can be shifted to different points of vertical readjustment on the plow beam”, the disclosed vertical readjustment generally corresponds to the claimed plurality of pitched positions; the claimed reference axis is defined by a pivot stud 22 which is disclosed in pg. 2, lns. 27-52). Also similar to the combination, Strandlund discloses that the similar pivot stud (22) is pivotable during repositioning of the bracket (16), and a positioning stud (17, See Fig. 3 where two bolts 17 are depicted, the claimed positioning stud corresponds to one of the two depicted bolts 17) engageable in a positioning slot (18), so that when engaged the positioning stud blocks pivotal movement of the bracket about the axis (See pg. 2, lns. 12-26 for a disclosure of this operation, further note that since Strandlund discloses the claimed structure of the positioning stud, it will also be capable of the functional limitation of “so that when engaged the positioning stud blocks pivotal movement of the bracket about the axis” since the above cited portion of Strandlund discloses that the repositioning is accomplished by disengaging and retightening the associated positioning nut 21, the positioning stud is thereby operable to block pivotal movement by loosening/tightening the guide nut 21 so that pivotal movement of the bracket is blocked i.e., holds the new set position).
Unlike the combination, Strandlund teaches a guide stud (17, See Fig. 3 where two bolts 17 are depicted, the claimed guide stud corresponds to the other of the two depicted bolts 17) engageable in an aligned guide slot (18) in a manner operable to constrain pivotal movement of the bracket during repositioning thereof among said plurality of pitched positions (See pg. 2, lns. 12-26 for a disclosure of this operation, further note that since Strandlund discloses the claimed structure of the guide stud, it will also be capable of the functional limitation of “operable to constrain pivotal movement of the bracket during repositioning” since the above cited portion of Strandlund discloses that the repositioning is accomplished by disengaging and retightening the associated guide nut 21, the guide stud is thereby operable to constrain pivotal movement by loosening/tightening the guide nut 21 so that pivotal movement of the bracket is limited, but still physically possible, i.e., constrained).
Therefore, it would have been obvious to one having ordinary skill in the art, to provide the guide stud of Strandlund to the row unit of the combination, in order to provide means of coarsely aligning the scraper assembly of the combination before final positioning of the scraper assembly. Additionally, Applicant should note that the deficiencies of the combination are directed towards fastening/adjusting mechanisms of an agricultural element, and a disclosure pertaining to the same will be considered reasonably pertinent.
Regarding claim 5, the resultant combination discloses the row unit of claim 1.
Similar to the combination, Strandlund discloses that a bracket (16) is supported in an adjustable manner selectively repositionable into a plurality of differently pitched orientations, about a reference axis that penetrates in a direction of transverse relationship to the forward travel direction (See pg. 2, lns. 12-26 where it discloses “the bracket 16 can be shifted to different points of vertical readjustment on the plow beam”, the disclosed vertical readjustment generally corresponds to the claimed plurality of pitched positions; the claimed reference axis is defined by a pivot stud 22 which is disclosed in pg. 2, lns. 27-52). Also similar to the combination, Strandlund discloses that the similar pivot stud (22) is pivotable during repositioning of the bracket (16), and a positioning stud (17, See Fig. 3 where two bolts 17 are depicted, the claimed positioning stud corresponds to one of the two depicted bolts 17) engageable in a positioning slot (18), so that when engaged the positioning stud blocks pivotal movement of the bracket about the axis (See pg. 2, lns. 12-26 for a disclosure of this operation, further note that since Strandlund discloses the claimed structure of the positioning stud, it will also be capable of the functional limitation of “so that when engaged the positioning stud blocks pivotal movement of the bracket about the axis” since the above cited portion of Strandlund discloses that the repositioning is accomplished by disengaging and retightening the associated positioning nut 21, the positioning stud is thereby operable to block pivotal movement by loosening/tightening the guide nut 21 so that pivotal movement of the bracket is blocked i.e., holds the new set position).
Unlike the combination, Strandlund teaches a guide stud (17, See Fig. 3 where two bolts 17 are depicted, the claimed guide stud corresponds to the other of the two depicted bolts 17) engageable in an aligned guide slot (18) in a manner operable to constrain pivotal movement of the bracket during repositioning thereof among said plurality of pitched positions (See pg. 2, lns. 12-26 for a disclosure of this operation, further note that since Strandlund discloses the claimed structure of the guide stud, it will also be capable of the functional limitation of “operable to constrain pivotal movement of the bracket during repositioning” since the above cited portion of Strandlund discloses that the repositioning is accomplished by disengaging and retightening the associated guide nut 21, the guide stud is thereby operable to constrain pivotal movement by loosening/tightening the guide nut 21 so that pivotal movement of the bracket is limited, but still physically possible, i.e., constrained).
Therefore, it would have been obvious to one having ordinary skill in the art, to provide the guide stud of Strandlund to the row unit of the combination, in order to provide means of coarsely aligning the scraper assembly of the combination before final positioning of the scraper assembly. Additionally, Applicant should note that the deficiencies of the combination are directed towards fastening/adjusting mechanisms of an agricultural element, and a disclosure pertaining to the same will be considered reasonably pertinent. The combination therefore also discloses wherein said guide stud projects from the same first one of either said mounting bracket or said scraper body as the pivot stud (See claim 3 where the pivot stud projects from the scraper holder, i.e., the mounting bracket, further see 112 rejection above), and the guide slot belongs to the same second one of either said mounting bracket or said scraper body as the pivot hole (See claim 3 where the pivot slot belongs to the scraper holder 53).
Regarding claim 6, the above combination discloses the row unit of claim 8. Strandlund, of the combination, also discloses wherein the guide stud (17) is externally threaded, and is accompanied by a mating guide-stud nut (21) that is threaded or threadable onto the guide stud (17) at a side of the guide slot opposite that from which the guide stud penetrates the said guide slot (See pg. 2, lns. 12-26 for general disclosure of the mating relationship between the stud and nut).
Regarding claim 8, the resultant combination discloses the row unit of claim 1.
Similar to the combination, Strandlund discloses that a bracket (16) is supported in an adjustable manner selectively repositionable into a plurality of differently pitched orientations, about a reference axis that penetrates in a direction of transverse relationship to the forward travel direction (See pg. 2, lns. 12-26 where it discloses “the bracket 16 can be shifted to different points of vertical readjustment on the plow beam”, the disclosed vertical readjustment generally corresponds to the claimed plurality of pitched positions; the claimed reference axis is defined by a pivot stud 22 which is disclosed in pg. 2, lns. 27-52). Also similar to the combination, Strandlund discloses that the similar pivot stud (22) is pivotable during repositioning of the bracket (16), and a positioning stud (17, See Fig. 3 where two bolts 17 are depicted, the claimed positioning stud corresponds to one of the two depicted bolts 17) engageable in a positioning slot (18), so that when engaged the positioning stud blocks pivotal movement of the bracket about the axis (See pg. 2, lns. 12-26 for a disclosure of this operation, further note that since Strandlund discloses the claimed structure of the positioning stud, it will also be capable of the functional limitation of “so that when engaged the positioning stud blocks pivotal movement of the bracket about the axis” since the above cited portion of Strandlund discloses that the repositioning is accomplished by disengaging and retightening the associated positioning nut 21, the positioning stud is thereby operable to block pivotal movement by loosening/tightening the guide nut 21 so that pivotal movement of the bracket is blocked i.e., holds the new set position).
Unlike the combination, Strandlund teaches a guide stud (17, See Fig. 3 where two bolts 17 are depicted, the claimed guide stud corresponds to the other of the two depicted bolts 17) engageable in an aligned guide slot (18) in a manner operable to constrain pivotal movement of the bracket during repositioning thereof among said plurality of pitched positions (See pg. 2, lns. 12-26 for a disclosure of this operation, further note that since Strandlund discloses the claimed structure of the guide stud, it will also be capable of the functional limitation of “operable to constrain pivotal movement of the bracket during repositioning” since the above cited portion of Strandlund discloses that the repositioning is accomplished by disengaging and retightening the associated guide nut 21, the guide stud is thereby operable to constrain pivotal movement by loosening/tightening the guide nut 21 so that pivotal movement of the bracket is limited, but still physically possible, i.e., constrained).
Therefore, it would have been obvious to one having ordinary skill in the art, to provide the guide stud of Strandlund to the row unit of the combination, in order to provide means of coarsely aligning the scraper assembly of the combination before final positioning of the scraper assembly. Additionally, Applicant should note that the deficiencies of the combination are directed towards fastening/adjusting mechanisms of an agricultural element, and a disclosure pertaining to the same will be considered reasonably pertinent.
Regarding claim 9, the above combination discloses the row unit of claim 8. Strandlund, of the combination, also discloses wherein the guide stud (17) is externally threaded, and is accompanied by a mating guide-stud nut (21) that is threaded or threadable onto the guide stud (17) at a side of the guide slot opposite that from which the guide stud penetrates the said guide slot (See pg. 2, lns. 12-26 for general disclosure of the mating relationship between the stud and nut).
Claims 14-17 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Martin in view of Arksey and further in view of Mayerle (Pat. No.: 6,237,696).
Regarding independent claim 14, Martin discloses a scraper assembly (See Fig. 4) for a row unit of a seeding implement (See Fig. 1), said scraper assembly comprising:
a mounting bracket (54);
a scraper body (53b) supported or supportable on said mounting bracket (54) in a mounted state thereon (as depicted in Fig. 2), and the scraper body is situated alongside a disc (51) of the row unit in proximity thereto in a working state to scrape soil buildup therefrom during rotation thereof; and
wherein the scraper body (53a-53c) is selectively repositionable into a plurality of differently pitched orientations (via element 57 depicted in Fig. 4), relative to said mounting bracket (54), about a reference axis (axis defined by 55 in Fig. 3 and Fig. 4) that, in the mounted position of the mounting bracket (54), penetrates transversely through a plane of a disc (51) from one side thereof to another (as seen in Fig. 3, See col. 4, lns. 16-34 for a general disclosure of the differently pitched positions).
Martin fails to disclose a wing projecting laterally from the scraper body to an outer side thereof opposite the disc.
Arksey, discloses a row unit with a similar disc and scraper assembly (18, See Fig. 2) that is adjustable to a plurality of differently pitched positions via slots (32, See Fig. 4). More specifically, Arksey teaches wherein the scraper assembly comprises a wing (60 as seen in Fig. 4) projecting laterally from the scraper body to an outer side thereof opposite the disk (See para. [0044] where it discloses “a wing member formed separately of the scraper body and attached thereto to project laterally therefrom to an outer side thereof opposite the disc”).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the scraper assembly of Martin to include the wing of Arksey, with a reasonably expectation of success, in order to “widen a lower part of the already cut shelf” via the wing (See para. [0086]).
The resultant combination fails to disclose that the mounting bracket is attachable to an angularly variable link of the row unit in a mounted position thereon and when said mounting bracket is attached to the angularly variable link, the scraper body is placed in the working state situated alongside the disc of the row unit in proximity thereto to scrape soil buildup therefrom during rotation thereof.
Mayerle taught a similar scraper body (50) and a mounting bracket (51) attachable (via bracket 16, See Fig. 4) to an angularly variable link (10) of the row unit in a mounted position thereon (See col. 3, lns. 31-46 where it discloses the variable link 10 supports the bracket 16, and See col. 5, lns. 1-11 where it discloses the scraper 50 is fixed to the bracket 16) and when said mounting bracket (51) is attached to the angularly variable link (10), the scraper body (50) body is placed in the working state situated alongside a disc (22) of the row unit in proximity thereto to scrape soil buildup therefrom during rotation thereof.
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide the details of the angularly variable link and mounting bracket taught above by Mayerle, to the scraper assembly of the combination, as providing various/desired configurations between known elements of a row unit is well within the skill of one having ordinary skill in the art.
Regarding claim 15, the above combination discloses the row unit of claim 14. Martin, of the combination, also discloses a pivot stud (55) and a pivot hole (See Fig. 4 where the pivot hole is the depicted but unlabeled, hole associated with nut 59 and stud 55) each belonging to a respective one of either the scraper body or the mounting bracket (See Fig. 4 where the pivot hole is depicted belonging to scraper body 53a-53c, and pivot stud belonging to mounting bracket 54), and by which the scraper is at least partially supported (53a is supported on 54 via pivot stud) on the mounting bracket (54) by said pivot stud (55), and about which the scraper body (53a-53c) is pivotable during repositioning thereof among said plurality of differently pitched orientations (as disclosed in col. 4, lns. 16-34).
Regarding claim 16, the above combination discloses the row unit of claim 15. Martin, of the combination, also discloses wherein the pivot stud (55) projects from the mounting bracket (54, projection seen in Fig. 3), and the pivot hole resides in the scraper body (as seen in Fig. 3).
Regarding claim 17, the above combination discloses the row unit of claim 16. Martin, of the combination, also discloses wherein the pivot stud is externally threaded, and is accompanied by a mating pivot-nut (59) that is threaded or threadable onto said pivot stud (55) at a side of the pivot hole opposite that from which the pivot stud penetrates said pivot hole (as seen in Fig. 4).
Regarding claim 21, the above combination discloses the row unit of claim 14. Martin, of the combination, also discloses a positioning stud (56) and a positioning slot (57), of which a first one of either said positioning stud or said cooperable set of positioning holes belongs to a first one of either the mounting bracket or the scraper body (See Fig. 3 and Fig. 4 where the positioning stud belongs the mounting bracket), and a second one of either said positioning stud or said positioning slot belongs to a second one of either the mounting bracket or the scraper body (See Fig. 3 and Fig. 4 where the positioning slot belongs to the scraper body), wherein the positioning stud (56) is engageable in any part of the positioning slot (57), of which each positioning of the positioning stud along the positioning slot corresponds to a different respective one of the plurality of differently pitched positions of the scraper body (53a-53c), so that, when so engaged, the positioning stud (56) blocks pivotal movement of the scraper body about the reference axis (pivotal movement blocked via nut 58, See Fig. 4).
Martin fails to disclose wherein the positioning slot is specifically a set of positioning holes. Arksey, discloses a row unit with a similar disc and scraper assembly (18, See Fig. 2) that is adjustable to a plurality of differently pitched positions via slots (32, See Fig. 4). More specifically, Arksey teaches wherein the scraper assembly comprises an adjustable mounting stud (See para. [0070] where it discloses the corresponding stud for mounting holes 32 are “not shown”) engaged in any one of a plurality of cooperating positioned holes (32, See Fig. 4). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the positioning positions defined by the positioning slot of Martin, to specifically be the positioning holes of Arksey, with a reasonable expectation of success, as a modification directed towards hole shape is well within one having ordinary skill in the art, and it appears that the invention would perform equally well as the one disclosed by Martin.
Regarding claim 22, the above combination discloses the row unit of claim 21. Martin, of the combination, also discloses wherein the positioning stud (56) projects form the mounting bracket (54, as seen in Fig. 4), and the cooperable set of positioning holes (generally defined by slot 57) reside in the scraper body (53a-53c, as seen in Fig. 4).
Regarding claim 23, the above combination discloses the row unit of claim 22. Arksey, of the combination, also discloses wherein said positioning holes (32) are of overlapping relation to one another, and thereby form a multi-lobed slot (as seen in Fig. 4).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Martin in view of Arksey and Mayerle and further in view of Strandlund.
Regarding claim 18, the resultant combination discloses the scraper assembly of claim 14.
Similar to the combination, Strandlund discloses that a bracket (16) is supported in an adjustable manner selectively repositionable into a plurality of differently pitched orientations, about a reference axis that penetrates in a direction of transverse relationship to the forward travel direction (See pg. 2, lns. 12-26 where it discloses “the bracket 16 can be shifted to different points of vertical readjustment on the plow beam”, the disclosed vertical readjustment generally corresponds to the claimed plurality of pitched positions; the claimed reference axis is defined by a pivot stud 22 which is disclosed in pg. 2, lns. 27-52). Also similar to the combination, Strandlund discloses that the similar pivot stud (22) is pivotable during repositioning of the bracket (16), and a positioning stud (17, See Fig. 3 where two bolts 17 are depicted, the claimed positioning stud corresponds to one of the two depicted bolts 17) engageable in a positioning slot (18), so that when engaged the positioning stud blocks pivotal movement of the bracket about the axis (See pg. 2, lns. 12-26 for a disclosure of this operation, further note that since Strandlund discloses the claimed structure of the positioning stud, it will also be capable of the functional limitation of “so that when engaged the positioning stud blocks pivotal movement of the bracket about the axis” since the above cited portion of Strandlund discloses that the repositioning is accomplished by disengaging and retightening the associated positioning nut 21, the positioning stud is thereby operable to block pivotal movement by loosening/tightening the guide nut 21 so that pivotal movement of the bracket is blocked i.e., holds the new set position).
Unlike the combination, Strandlund teaches a guide stud (17, See Fig. 3 where two bolts 17 are depicted, the claimed guide stud corresponds to the other of the two depicted bolts 17) engageable in an aligned guide slot (18) in a manner operable to constrain pivotal movement of the bracket during repositioning thereof among said plurality of pitched positions (See pg. 2, lns. 12-26 for a disclosure of this operation, further note that since Strandlund discloses the claimed structure of the guide stud, it will also be capable of the functional limitation of “operable to constrain pivotal movement of the bracket during repositioning” since the above cited portion of Strandlund discloses that the repositioning is accomplished by disengaging and retightening the associated guide nut 21, the guide stud is thereby operable to constrain pivotal movement by loosening/tightening the guide nut 21 so that pivotal movement of the bracket is limited, but still physically possible, i.e., constrained).
Therefore, it would have been obvious to one having ordinary skill in the art, to provide the guide stud of Strandlund to the row unit of the combination, in order to provide means of coarsely aligning the scraper assembly of the combination before final positioning of the scraper assembly. Additionally, Applicant should note that the deficiencies of the combination are directed towards fastening/adjusting mechanisms of an agricultural element, and a disclosure pertaining to the same will be considered reasonably pertinent. Further, the combination therefore discloses that the guide stud belongs to the mounting bracket (as is the case with the positioning and pivot studs in claims 21 and 15 respectively) and the guide slot corresponds to the scraper body (as is the case with the positioning and pivot slot/hole in claims 21 and 15 respectively).
Regarding claim 19, the above combination discloses the row unit of claim 18. The combination therefore discloses that the guide stud projects from the mounting bracket, and the guide slot resides in the scraper body (as is the case with the positioning/pivoting stud/slot in claims 16 and 22).
Regarding claim 20, the above combination discloses the row unit of claim 19. Strandlund, of the combination, also discloses wherein the guide stud (17) is externally threaded, and is accompanied by a mating guide-stud nut (21) that is threaded or threadable onto the guide stud (17) at a side of the guide slot opposite that from which the guide stud penetrates the said guide slot (See pg. 2, lns. 12-26 for general disclosure of the mating relationship between the stud and nut).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are generally directed towards adjustable scraper assemblies: Schilling (Pub. No.: 2011/0108296), Stam (Pat. No.: 3,175,622), and Shoup (Pat. No.: 5,884,711). Additional references relevant but not cited can be found in the attached 892.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
/A.L.L./Examiner, Art Unit 3671