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 .
Response to Amendment
The Examiner acknowledges Applicant’s amendment of claim(s) 15 in Applicant’s Response to Official Action dated 12/29/2025 (“Response”). Claims 1-19 are currently pending in this application and are subject to examination herein.
Based on Applicant’s amendment of the Drawings to include element 40, the Examiner’s prior objection to the Drawings on that ground is withdrawn.
Based on Applicant’s amendment of Para. [0040] to recite “target pressing means tension 48” rather than “nominal pressing means tension”, the Examiner’s prior objection to the Specification is withdrawn.
Response to Arguments
In response to applicant's argument that the references fail to show certain features of the invention, the Examiner respectfully disagrees. It is noted that the features upon which applicant relies (i.e., that the references do not teach two clamping arms, but then appears to argue that the reference does not teach two independently-actuatable or independently-actuated arms (Response at p. 8, line 32 to p. 10, line 12)) are not recited in the rejected claim(s). Nevertheless, Applicant concedes that Simmons does disclose two clamping arms (“[0026] A pair of take up arms 51 (only one shown) are mounted . . . .”) (Response at p. 9) (emphasis added). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Therefore, the Examiners maintains that Simmons discloses all of the limitations recited in Claim 1. Applicant may wish to add the limitation that the two clamping arms are “two independent clamping arms”. However, depending on the ultimate amended claim language, Simmons may still anticipate such amendment based on the Examiner’s identification in claim 1 of “the first clamping arm and the second clamping arm (pair of take-up arms 51 and/or pair of belt tension arms 55) (Figs. 2-4; Paras. [0026], [0028], [0030], [0033])” wherein one or more of take-up arms 51 and one or more of belt tension arms 55 could be interpreted to meet a “two independent clamping arms” limitation.
Regarding Applicant’s second argument that the references fail to disclose the limitation “the adjustable limit pressure value is above the pressure value which corresponds to a target pressing device tension to achieve the compaction pressure”, the Examiner respectfully disagrees. The portion of Simmons that is cited for this limitation indicates that the pressure set in the system corresponds to a desired density of resultant bales (Para. [0030]). The pressure applied to the clamping arm would have to be higher than the pressure corresponding to the desired density due to the fact that some of the force put into the clamping arm (target pressing device tension in the language of the claim) will cause bending of that arm and the compacting pressure will be less than that value. Thus, to use the system disclosed in Simmons, the pressure applied to take up arms 51 and/or belt tension lever arms 55 must necessarily be higher than the desired compaction pressure of the bale.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 8-13 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2013/0298787 to Simmons et al. (hereinafter Simmons) in view of U.S. Pat. No. 5,622,104 to Viesselmann et al. (hereinafter Viesselmann).
Regarding claim 1, Simmons discloses a method for operating a round baler (round baler 10) (Figs. 1-7; Para. [0023]), the method comprising:
operating the round baler (round baler 10) (Figs. 1-7; Para. [0023]), the round baler (round baler 10) (Figs. 1-7; Para. [0023]) having a baling chamber (bale-forming chamber 20) (Figs. 1-4; Paras. [0024], [0028]; Claim 1) with a variable diameter (Para. [0029]; Claim 1) and positioned in a housing (housing formed by main frame 11 and tailgate 13) (Figs. 1-4; Paras. [0023]-[0025]; Claim 1), the baling chamber (bale-forming chamber 20) (Figs. 1-4; Paras. [0024], [0028]; Claim 1) being bounded by a rotating pressing device (apron 40 comprising a plurality of side-by-side belts) (Figs. 2-4; Paras. [0025]-[0026], [0028]), wherein the pressing device is one or both of driven or guided by rollers (driven rollers 31 and/or 32, idler roller 33, guide rollers 43, 44, 45, 46 and/or 47) (Figs. 1-4; Paras. [0024]-[0025]), wherein one or more of the rollers (driven rollers 31 and/or 32, idler roller 33, guide rollers 43, 44, 45, 46 and/or 47) (Figs. 1-4; Paras. [0024]-[0025]) are adjusted in their position by a first clamping arm and a second clamping arm (pair of take-up arms 51 and/or pair of belt tension arms 55) (Figs. 2-4; Paras. [0026], [0028], [0030], [0033]) which are each pivotably mounted (via cross shaft 52) (Figs. 2-4; Para. [0026]) on a side of the housing (housing formed by main frame 11 and tailgate 13) (Figs. 1-4; Paras. [0023]-[0025]; Claim 1), wherein one or more hydraulically-actuated actuators (hydraulic bale tension cylinder 56) (Figs. 2-4; Paras. [0026], [0030]; Claim 2) of a hydraulic system adjust the first clamping arm and the second clamping arm (pair of take-up arms 51 and/or pair of belt tension arms 55) (Figs. 2-4; Paras. [0026], [0028], [0030], [0033]) in their position so that at least one compaction pressure is generated with which the pressing device (apron 40 comprising a plurality of side-by-side belts) (Figs. 2-4; Paras. [0025]-[0026], [0028]) acts to form a round bale;
regulating the at least one compaction pressure by a control unit (adjuster 105) (Figs. 5-7; Paras. [0030]-[0033]) assigning at least one pressure relief valve (relief valve 104) (Figs. 6-7; Paras. [0031]-[0032]) an adjustable limit pressure value (pressure value based on setting of adjuster 105 for desired bale density) (Figs. 5-7; Paras. [0030]-[0033]) for transitioning the at least one pressure relief valve (relief valve 104) (Figs. 6-7; Paras. [0031]-[0032]) from a closed position into an open position;
wherein the adjustable limit pressure value (pressure value based on setting of adjuster 105) (Figs. 5-7; Paras. [0030]-[0033]) is above a pressure value which corresponds to a target pressing device tension to achieve the at least one compaction pressure (Para. [0030]); and
wherein the control unit (adjuster 105) (Figs. 5-7; Paras. [0030]-[0033]) actuates the at least one pressure relief valve (relief valve 104) (Figs. 6-7; Paras. [0031]-[0032]) to transfer the at least one pressure relief valve (relief valve 104) (Figs. 6-7; Paras. [0031]-[0032]) to its open position.
However, Simmons does not expressly disclose the control unit actuating the pressure relief valve (to the extent that adjusting adjuster 105 would not be considered to be “actuating” the pressure relief valve). Nevertheless, Viesselmann teaches a round baler wherein a control unit (microprocessor 160) (Fig. 3; Col. 7, lines 43-53) actuates (via solenoid portion of solenoid valve 88’) (Fig. 3; Col. 6, line 57 to col. 7, line 20; col. 7, lines 43-53) at least one pressure relief valve (valve portion of solenoid valve 88’) (Abstract; Fig. 3; Col. 6, line 57 to col. 7, line 20; col. 7, lines 43-53).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the round baler disclosed in Simmons with the actuator and controller taught in Viesselmann with a reasonable expectation of success in order to allow automatic sensing of the bale size and adjustment of the pressure relief valve to provide a more refined and consistent bale density, as taught in Viesselmann (Col. 7, lines 5-20). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the round baler disclosed in Simmons with the actuator and controller taught in Viesselmann with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 2, Simmons in view of Viesselmann teaches the method of claim 1 (see above). Furthermore, Viesselmann teaches a method further comprising inputting, by an operator via an input/output unit (manual override) (Col. 7, lines 43-53), a value for at least one input variable (Col. 7, lines 43-53); and wherein the limit pressure value is selected depending on the value for the at least one input variable (Col. 7, lines 43-53).
Regarding claim 3, Simmons in view of Viesselmann teaches the method of claim 2 (see above). Furthermore, Viesselmann teaches a method wherein the at least one input variable comprises one or more of a harvested material type, a bale shape, bale diameters, or absolute or relative values for compaction pressures (Col. 7, lines 43-53).
Regarding claim 8, Simmons in view of Viesselmann teaches the method of claim 1 (see above). Furthermore, Simmons discloses a method wherein working pressures of the one or more actuators (hydraulic bale tension cylinder 56) (Figs. 2-4; Paras. [0026], [0030]; Claim 2) of each clamping arm (pair of take-up arms 51 and/or pair of belt tension arms 55) (Figs. 2-4; Paras. [0026], [0028], [0030], [0033]) are monitored by the at least one pressure relief valve (relief valve 104) (Figs. 6-7; Paras. [0031]-[0032]).
Regarding claim 9, Simmons in view of Viesselmann teaches the method of claim 1 (see above). Furthermore, Viesselmann teaches a method wherein the control unit (microprocessor 160) (Fig. 3; Col. 7, lines 43-53) determines an increase in bale diameter (via bale size sensing device S1 (Col. 7, lines 5-20); and wherein the control unit (microprocessor 160) (Fig. 3; Col. 7, lines 43-53) increases the limit pressure value depending on the increase in bale diameter (Col. 7, lines 5-20).
Regarding claim 10, Simmons discloses a round baler (round baler 10) (Figs. 1-7; Para. [0023]) comprising:
a baling chamber (bale-forming chamber 20) (Figs. 1-4; Paras. [0024], [0028]; Claim 1) that is positioned in a housing (housing formed by main frame 11 and tailgate 13) (Figs. 1-4; Paras. [0023]-[0025]; Claim 1), the baling chamber (bale-forming chamber 20) (Figs. 1-4; Paras. [0024], [0028]; Claim 1) have a variable diameter (Para. [0029]; Claim 1);
a rotating pressing device (apron 40 comprising a plurality of side-by-side belts) (Figs. 2-4; Paras. [0025]-[0026], [0028]) configured to bound the baling chamber (bale-forming chamber 20) (Figs. 1-4; Paras. [0024], [0028]; Claim 1), the pressing device (apron 40 comprising a plurality of side-by-side belts) (Figs. 2-4; Paras. [0025]-[0026], [0028]) including one or more rollers (driven rollers 31 and/or 32, idler roller 33, guide rollers 43, 44, 45, 46 and/or 47) (Figs. 1-4; Paras. [0024]-[0025]) configured to perform one or both of drive or guide the pressing device (apron 40 comprising a plurality of side-by-side belts) (Figs. 2-4; Paras. [0025]-[0026], [0028]), with a first clamping arm and a second clamping arm (pair of take-up arms 51 and/or pair of belt tension arms 55) (Figs. 2-4; Paras. [0026], [0028], [0030], [0033]) pivotably mounted (via cross shaft 52) (Figs. 2-4; Para. [0026]) on a side of the housing (housing formed by main frame 11 and tailgate 13) (Figs. 1-4; Paras. [0023]-[0025]; Claim 1) to adjust at least one or more rollers (driven rollers 31 and/or 32, idler roller 33, guide rollers 43, 44, 45, 46 and/or 47) (Figs. 1-4; Paras. [0024]-[0025]);
one or more hydraulically-actuated actuators (hydraulic bale tension cylinder 56) (Figs. 2-4; Paras. [0026], [0030]; Claim 2) configured to adjust position of the first clamping arm and the second clamping arm (pair of take-up arms 51 and/or pair of belt tension arms 55) (Figs. 2-4; Paras. [0026], [0028], [0030], [0033]) in order for the first clamping arm and the second clamping arm (pair of take-up arms 51 and/or pair of belt tension arms 55) (Figs. 2-4; Paras. [0026], [0028], [0030], [0033]) to generate a compaction pressure with which the pressing device (apron 40 comprising a plurality of side-by-side belts) (Figs. 2-4; Paras. [0025]-[0026], [0028]) acts to form a round bale; and
a control unit (adjuster 105) (Figs. 5-7; Paras. [0030]-[0033]) in communication with the one or more hydraulically-actuated actuators (hydraulic bale tension cylinder 56) (Figs. 2-4; Paras. [0026], [0030]; Claim 2) and configured to:
specify to at least one pressure relief valve (relief valve 104) (Figs. 6-7; Paras. [0031]-[0032]) an adjustable limit pressure value (pressure value based on setting of adjuster 105 for desired bale density) (Figs. 5-7; Paras. [0030]-[0033]) for switching the at least one pressure relief valve (relief valve 104) (Figs. 6-7; Paras. [0031]-[0032]) from a closed position to an open position in order to regulate the compaction pressure, wherein the specified limit pressure value (pressure value based on setting of adjuster 105 for desired bale density) (Figs. 5-7; Paras. [0030]-[0033]) is above a pressure value which corresponds to a target pressure device tension to achieve the compaction pressure; and
adjust the at least one pressure relief valve (relief valve 104) (Figs. 6-7; Paras. [0031]-[0032]) in order to periodically switch the at least one pressure relief valve (relief valve 104) (Figs. 6-7; Paras. [0031]-[0032]) into its open position during a forming process of the round bale.
However, Simmons does not expressly disclose the control unit actuating the pressure relief valve (to the extent that adjusting adjuster 105 would not be considered to be “actuating” the pressure relief valve). Nevertheless, Viesselmann teaches a round baler wherein a control unit (microprocessor 160) (Fig. 3; Col. 7, lines 43-53) actuates (via solenoid portion of solenoid valve 88’) (Fig. 3; Col. 6, line 57 to col. 7, line 20; col. 7, lines 43-53) at least one pressure relief valve (valve portion of solenoid valve 88’) (Abstract; Fig. 3; Col. 6, line 57 to col. 7, line 20; col. 7, lines 43-53).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the round baler disclosed in Simmons with the actuator and controller taught in Viesselmann with a reasonable expectation of success in order to allow automatic sensing of the bale size and adjustment of the pressure relief valve to provide a more refined and consistent bale density, as taught in Viesselmann (Col. 7, lines 5-20). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the round baler disclosed in Simmons with the actuator and controller taught in Viesselmann with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 11, Simmons in view of Viesselmann teaches the round baler of claim 10 (see above). Furthermore, Simmons discloses a round baler (round baler 10) (Figs. 1-7; Para. [0023]) further comprising an input-output unit (manual override) (Col. 7, lines 43-53) configured for an operator to input at least one value for at least one input variable (Col. 7, lines 43-53).
Regarding claim 12, Simmons in view of Viesselmann teaches the round baler of claim 11 (see above). Furthermore, Viesselmann teaches a round baler (round baler 10) (Figs. 1-7; Para. [0023]) wherein the input-output unit (manual override) (Col. 7, lines 43-53) is configured to input values for the at least one input variable (Col. 7, lines 43-53); and wherein the at least one input variable comprises one or more of harvested material type, bale shape, bale diameter or absolute or relative values for compaction pressures (Col. 7, lines 43-53).
Regarding claim 13, Simmons in view of Viesselmann teaches the round baler of claim 11 (see above). Furthermore, Viesselmann teaches a round baler (round baler 10) (Figs. 1-7; Para. [0023]) wherein the control unit (microprocessor 160) (Fig. 3; Col. 7, lines 43-53) is configured to modify the limit pressure value depending on the values of the at least one input variable (Col. 7, lines 43-53).
Regarding claim 18, Simmons in view of Viesselmann teaches the round baler of claim 10 (see above). Furthermore, Simmons discloses a round baler (round baler 10) (Figs. 1-7; Para. [0023]) wherein the at least one pressure relief valve (relief valve 104) (Figs. 6-7; Paras. [0031]-[0032]) is configured to monitor working pressures of the one or more actuators (hydraulic bale tension cylinder 56) (Figs. 2-4; Paras. [0026], [0030]; Claim 2) of each clamping arm (pair of take-up arms 51 and/or pair of belt tension arms 55) (Figs. 2-4; Paras. [0026], [0028], [0030], [0033]).
Regarding claim 19, Simmons in view of Viesselmann teaches the round baler of claim 10 (see above). Furthermore, Viesselmann teaches a round baler (round baler 10) (Fig. 1; Col. 4, 11-14) wherein the control unit (microprocessor 160) (Fig. 3; Col. 7, lines 43-53) is configured to:
determine an increase in bale diameter (via bale size sensing device S1 (Col. 7, lines 5-20); and
increase the limit pressure value depending on the increase in bale diameter (Col. 7, lines 5-20).
Allowable Subject Matter
Claim 15 is allowed.
Claims 4-7, 14 and 16-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAUDE J BROWN whose telephone number is (571)270-5924. The examiner can normally be reached Mon-Fri 8AM-5PM.
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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671