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 .
Claim Objections
Claims 5 and 15 are objected to because of the following informalities:
The word “wherein" should be added before "the mounting arrangement" in claim 5, line 1.
The word “wherein” should be added before "the mounting arrangement" in claim .
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 1-20 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 1 recites “the rearward end portion of the intermediate shaft assembly being arranged for connection to the driven apparatus of the implement” in lines 12-13. For examination purposes, the "driven apparatus" will be interpreted as the "driven assembly" as driven apparatus does not make sense for this part of the claim.
Claim 11 recites “the rearward end portion of the intermediate shaft assembly being connected to the driven apparatus;” in lines 14-15. For examination purposes, the "driven apparatus" will be interpreted as the "driven assembly" as driven apparatus does not make sense for this part of the claim.
Claims 2-10 are rejected for being dependent on claim 1.
Claims 12-20 are rejected for being dependent on claim 11.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-7, 11-13 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20150334910 A1 ("Treffer").
Claim 1: Treffer teaches a drive apparatus for an implement driven by a tractor having a drawbar (10) and a power take-off defining a rotary output of the tractor (Fig. 1; para. 15, lines 10-18), the implement comprising a frame including a hitch arm (12) for connecting the frame to the drawbar of the tractor such that the implement can be towed in a forward working direction with the tractor (para. 15, lines 13-18), a driven assembly (mechanically driven components; para. 19, lines 6-9) on the frame, and a power take-off shaft (58) arranged for connection to the power-take-off of the tractor (Fig. 2; para. 19, lines 1-3), the drive apparatus comprising: an intermediate shaft assembly (16, 54. 56) including a forward end portion (46) and a rearward end portion (48) telescopically (not specifically disclosed but required to allow relative operational movement between the PTO shaft and 54 and the mechanically driven components and 56 that would move relative to each other during operation) to the forward end portion such that a length of the intermediate shaft assembly is adjustable (Fig. 2; para. 19, lines 1-9); the forward end portion (46) of the intermediate shaft assembly being arranged for connection (54) to the power take-off shaft of the implement (Fig. 2; para. 19, lines 1-3); the rearward end portion (48) of the intermediate shaft assembly being arranged for connection (56) to the driven assembly of the implement (Fig. 2; para. 19, lines 3-9); a forward bearing assembly (54s connection to PTO Shaft) arranged for rotatably supporting the forward end portion of the intermediate shaft assembly rotatably on the frame of the implement (Fig. 2; para. 19, lines 1-3); a mounting arrangement (34; para. 17, lines 6-7) supporting the forward bearing assembly (connection of 54) in fixed relation to the frame in either one of a forward mounting location on the frame in a forward position of the forward bearing assembly (46; para. 19, lines 1-3) or a rearward mounting location on the frame in a rearward position in which the rearward mounting location is spaced rearwardly of the forward mounting location (48; para. 19, lines 3-9) (Fig. 2; para. 18, lines 3-8); the forward end portion of the intermediate shaft assembly being movable with the forward bearing assembly between the forward mounting location and the rearward mounting location so as to vary the length of the intermediate shaft assembly between the forward position to the rearward position of the forward bearing assembly (not specifically disclosed but required to allow relative operational movement between the PTO shaft and 54 and the mechanically driven components and 56 that would move relative to each other during operation; Fig. 2; para. 19, lines 1-12).
Claim 2: Treffer teaches the limitations of claim 1 as noted above. Treffer further teaches the apparatus, wherein the mounting arrangement (34) is arranged to support the forward bearing assembly (54s connection to PTO Shaft) in fixed relation to the frame in at least one intermediate mounting location on the frame between the forward mounting location (46) and the rearward mounting location (48) corresponding to a respective intermediate position of the mounting arrangement (Fig. 2; para. 17, lines 6-7).
Claim 3: Treffer teaches the limitations of claim 1 as noted above. Treffer further teaches the apparatus, wherein the mounting arrangement (34) comprises a bracket assembly including an upper bracket (40) supporting the forward bearing assembly therein and lower bracket (30) mounted at a fixed location on the frame, the upper bracket being movable between the different mounting locations of the mounting arrangement with the forward bearing assembly, and the upper bracket being arranged to be fixedly mounted onto the lower bracket at each of the mounting locations of the mounting arrangement (Fig. 3; para. 17, lines 1-15).
Claim 5: Treffer teaches the limitations of claim 1 as noted above. Treffer further teaches the apparatus, wherein the mounting arrangement (34) includes a row of fasteners apertures (apertures that would be used for the fasteners that are shown on side panels 38 and 36 for mounting arrangement 34; Fig. 1) spaced apart in the forward working direction to define the mounting locations of the mounting arrangement respectively.
Claim 6: Treffer teaches the limitations of claim 1 as noted above. Treffer further teaches the apparatus, wherein the rear end portion (48) of the intermediate shaft assembly is rotatably supported on the frame by a rearward bearing assembly (56s connection to driven components) at a fixed location in the forward working direction relative to the frame (Fig. 2; para. 19, lines 3-9).
Claim 7: Treffer teaches the limitations of claim 1 as noted above. Treffer further teaches the apparatus, further comprising a shield assembly (sides 36 and 38 that cover parts 46 and 48; Fig. 2) including a front section extending overtop of the front end portion (46) of the intermediate shaft assembly between the front bearing assembly and a junction between the front end portion and the rear end portion (48) of the intermediate shaft assembly, the front section of the shield assembly being movable with the forward bearing assembly between the different mounting locations of the mounting arrangement (inherently required to allow relative operational movement between the PTO shaft and 54 and the mechanically driven components and 56 that would move relative to each other during operation; Fig. 2; para. 19, lines 1-12).
Claim 11: Treffer teaches an implement arranged to be towed by a tractor having a drawbar (10) and a power take-off defining a rotary output of the tractor (Fig. 1; para. 15, lines 10-18), the implement comprising a frame including a hitch arm (12) for connecting the frame to the drawbar of the tractor such that the implement can be towed in a forward working direction with the tractor (para. 15, lines 13-18), a driven assembly (mechanically driven components; para. 19, lines 6-9) on the frame, and a power take-off shaft (58) arranged for connection to the power-take-off of the tractor (Fig. 2; para. 19, lines 1-3), the drive apparatus comprising: an intermediate shaft assembly (16, 54. 56) including a forward end portion (46) and a rearward end portion (48) telescopically (not specifically disclosed but required to allow relative operational movement between the PTO shaft and 54 and the mechanically driven components and 56 that would move relative to each other during operation) to the forward end portion such that a length of the intermediate shaft assembly is adjustable (Fig. 2; para. 19, lines 1-9); the forward end portion (46) of the intermediate shaft assembly being connected (54) to the power take-off shaft of the implement (Fig. 2; para. 19, lines 1-3); the rearward end portion (48) of the intermediate shaft assembly being connected (56) to the driven assembly of the implement (Fig. 2; para. 19, lines 3-9); a forward bearing assembly (54s connection to PTO Shaft) rotatably supporting the forward end portion of the intermediate shaft assembly rotatably on the frame of the implement (Fig. 2; para. 19, lines 1-3); a mounting arrangement (34; para. 17, lines 6-7) supporting the forward bearing assembly (connection of 54) in fixed relation to the frame in either one of a forward mounting location on the frame in a forward position of the forward bearing assembly (46; para. 19, lines 1-3) or a rearward mounting location on the frame in a rearward position in which the rearward mounting location is spaced rearwardly of the forward mounting location (48; para. 19, lines 3-9) (Fig. 2; para. 18, lines 3-8); the forward end portion of the intermediate shaft assembly being movable with the forward bearing assembly between the forward mounting location and the rearward mounting location so as to vary the length of the intermediate shaft assembly between the forward position to the rearward position of the forward bearing assembly (not specifically disclosed but required to allow relative operational movement between the PTO shaft and 54 and the mechanically driven components and 56 that would move relative to each other during operation; Fig. 2; para. 19, lines 1-12).
Claim 12: Treffer teaches the limitations of claim 11 as noted above. Treffer further teaches the apparatus, wherein the mounting arrangement (34) is arranged to support the forward bearing assembly (54s connection to PTO Shaft) in fixed relation to the frame in at least one intermediate mounting location on the frame between the forward mounting location (46) and the rearward mounting location (48) corresponding to a respective intermediate position of the mounting arrangement (Fig. 2; para. 17, lines 6-7).
Claim 13: Treffer teaches the limitations of claim 11 as noted above. Treffer further teaches the apparatus, wherein the mounting arrangement (34) comprises a bracket assembly including an upper bracket (40) supporting the forward bearing assembly therein and lower bracket (30) mounted at a fixed location on the frame, the upper bracket being movable between the different mounting locations of the mounting arrangement with the forward bearing assembly, and the upper bracket being arranged to be fixedly mounted onto the lower bracket at each of the mounting locations of the mounting arrangement (Fig. 3; para. 17, lines 1-15).
Claim 15: Treffer teaches the limitations of claim 11 as noted above. Treffer further teaches the apparatus, wherein the mounting arrangement (34) includes a row of fasteners apertures (apertures that would be used for the fasteners that are shown on side panels 38 and 36 for mounting arrangement 34; Fig. 1) spaced apart in the forward working direction to define the mounting locations of the mounting arrangement respectively.
Claim 16: Treffer teaches the limitations of claim 11 as noted above. Treffer further teaches the apparatus, wherein the rear end portion (48) of the intermediate shaft assembly is rotatably supported on the frame at a fixed location in the forward working direction relative to the frame (Fig. 2; para. 19, lines 3-9) by a rearward bearing assembly (56s connection to driven components).
Claim 17: Treffer teaches the limitations of claim 11 as noted above. Treffer further teaches the apparatus, further comprising a shield assembly (sides 36 and 38 that cover parts 46 and 48; Fig. 2) including a front section extending overtop of the front end portion (46) of the intermediate shaft assembly between the front bearing assembly and a junction between the front end portion and the rear end portion (48) of the intermediate shaft assembly, the front section of the shield assembly being movable with the forward bearing assembly between the different mounting locations of the mounting arrangement (inherently required to allow relative operational movement between the PTO shaft and 54 and the mechanically driven components and 56 that would move relative to each other during operation; Fig. 2; para. 19, lines 1-12).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 8-10, 14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20150334910 A1 ("Treffer") in view of US 4840604 A ("Nusbaum").
Claim 4: The prior art teaches the limitations of claim 1 as noted above. Treffer further teaches the apparatus, wherein the mounting arrangement (34) is arranged to be fixedly mounted to the frame at each one of the mounting locations (46 and 48 of the gearbox 16; Fig. 2; para. 17, lines 6-7) of the mounting arrangement using fasteners (fasteners are shown on side panels 38 and 36 for mounting arrangement 34; Fig. 1). But does not teach the fasteners being threaded.
However, Nusbaum teaches threaded fasteners (fasteners in Fig. 2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Treffer with the features of Nusbaum. One of ordinary skill in the art would have been motivated to do so as such a modification is merely the substitution of one known fastener for another fastener, and the results of such a substitution would have been predictable, namely, a fastener with threading being used.
Claim 8: Treffer teaches the limitations of claim 1 as noted above. Treffer further teaches the apparatus, further comprising a shield assembly (36 and 38) including a front section (sides 36 and 38 that cover parts 46) and a rear section (sides 36 and 38 that cover parts 48) extending overtop of the intermediate shaft assembly between the front bearing assembly (54s connection to PTO Shaft) and a junction between the front end portion and the rear end portion of the intermediate shaft assembly (Figs. 1 and 2), but does not teach the front section and the rear section of the shield assembly being coupled to one another such that an overall length of the shield assembly is adjustable corresponding to adjustment of the length of the intermediate shaft assembly.
However, Nusbaum in a similar field of art teaches the front section (20) and the rear section (27) of the shield assembly (10) being coupled to one another such that an overall length of the shield assembly is adjustable corresponding to adjustment of the length of the intermediate shaft assembly (moving via pin 26; Figs. 3-5). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Treffer with the features of Nusbaum. One of ordinary skill in the art would have been motivated to do so as Nusbaum teaches a shield that can be adjusted that can be used on a PTO shaft.
Claim 9: The prior art teaches the limitations of claim 8 as noted above. Nusbaum further teaches the apparatus, including fasteners joining the front section (20) and the rear section (27) of the shield assembly (10) in overlapping arrangement with one another (Figs. 1 and 3), the fasteners (26) being received in slots (48) formed in at least one of the front section or the rear section in which the slots are elongate in the forward working direction to receive the fasteners slidably therein as the shield assembly is adjusted in overall length (Figs. 3-5).
Claim 10: The prior art teaches the limitations of claim 8 as noted above. Treffer further teaches the apparatus, wherein the rear end portion (48) of the intermediate shaft assembly is rotatably supported on the frame at a fixed location in the forward working direction relative to the frame by a rearward bearing assembly (56s connection to driven components) and wherein the rear section of the shield assembly (sides 36 and 38 that cover parts 48; Fig. 2) is supported on the frame on a common mounting bracket with the rearward bearing assembly.
Claim 14: The prior art teaches the limitations of claim 11 as noted above. Treffer further teaches the apparatus, wherein the mounting arrangement (34) is arranged to be fixedly mounted to the frame at each one of the mounting locations (46 and 48 of the gearbox 16; Fig. 2; para. 17, lines 6-7) of the mounting arrangement using fasteners (fasteners are shown on side panels 38 and 36 for mounting arrangement 34; Fig. 1). But does not teach the fasteners being threaded.
However, Nusbaum teaches threaded fasteners (fasteners in Fig. 2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Treffer with the features of Nusbaum. One of ordinary skill in the art would have been motivated to do so as such a modification is merely the substitution of one known fastener for another fastener, and the results of such a substitution would have been predictable, namely, a fastener with threading being used.
Claim 18: Treffer teaches the limitations of claim 1 as noted above. Treffer further teaches the apparatus, further comprising a shield assembly (36 and 38) including a front section (sides 36 and 38 that cover parts 46) and a rear section (sides 36 and 38 that cover parts 48) extending overtop of the intermediate shaft assembly between the front bearing assembly (54s connection to PTO Shaft) and a junction between the front end portion and the rear end portion of the intermediate shaft assembly (Figs. 1 and 2), but does not teach the front section and the rear section of the shield assembly being coupled to one another such that an overall length of the shield assembly is adjustable corresponding to adjustment of the length of the intermediate shaft assembly.
However, Nusbaum in a similar field of art teaches the front section (20) and the rear section (27) of the shield assembly (10) being coupled to one another such that an overall length of the shield assembly is adjustable corresponding to adjustment of the length of the intermediate shaft assembly (moving via pin 26; Figs. 3-5). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Treffer with the features of Nusbaum. One of ordinary skill in the art would have been motivated to do so as Nusbaum teaches a shield that can be adjusted that can be used on a PTO shaft.
Claim 19: The prior art teaches the limitations of claim 8 as noted above. Nusbaum further teaches the apparatus, including fasteners joining the front section (20) and the rear section (27) of the shield assembly (10) in overlapping arrangement with one another (Figs. 1 and 3), the fasteners (26) being received in slots (48) formed in at least one of the front section or the rear section in which the slots are elongate in the forward working direction to receive the fasteners slidably therein as the shield assembly is adjusted in overall length (Figs. 3-5).
Claim 20: The prior art teaches the limitations of claim 8 as noted above. Treffer further teaches the apparatus, wherein the rear end portion (48) of the intermediate shaft assembly is rotatably supported on the frame at a fixed location in the forward working direction relative to the frame by a rearward bearing assembly (56s connection to driven components) and wherein the rear section of the shield assembly (sides 36 and 38 that cover parts 48; Fig. 2) is supported on the frame on a common mounting bracket with the rearward bearing assembly.
Conclusion
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/A.R.C./Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614