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 .
DETAILED ACTION
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: lateral ends 60. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 8 is objected to because of the following informalities: while claim 8 claims dependency in the alternative form, however it is claimed from itself, i.e. claim 8 depends from claim 8. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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 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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vandeven et al (2019/0110404, cited by applicant).
It should be noted that the recitation “for," "adapted to," etc. is considered as merely an intended use. Applicants attention is drawn to MPEP 2111.02 which states that intended use statements must be evaluated to determine whether the intended use results in a structural difference between the claimed invention and the prior art. Only if such structural difference exists, does the recitation serve to limit the claim. If the prior art structure is capable of performing the intended use, then it meets the claim.
Since it is the language itself of the claims which must particularly point out and distinctly claim the subject matter which the applicant regards as his invention, without limitations imported from the specification, whether such language is couched in terms of means plus function or consists of a detailed recitation of the inventive matter. Limitations in the specification not included in the claim may not be relied upon to impart patentability to an otherwise unpatentable claim. In re Lundberg, 113 USPQ 530 (CCPA 1957).
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1. A row crop header for harvesting crop in a field, the header comprising:
a header frame extending between opposite ends, the header frame including a center section (116) adapted to removably couple the header to a harvester (intended use, shown in fig 1) and a pair of side wing sections operatively coupled to the center section (112);
the center section including a top portion and a bottom portion extending laterally between a pair of opposing side edges (marked up);
each of the side wing sections including
an upper support beam and lower support beam extending laterally between a pair of inner and outer support members (marked up);
an upper link pivotally coupled between the center section and each one of the side wing sections adjacent the top portion and upper support beam (connecting link 158A);
a lower link pivotally coupled between the center section and each one of the side wing sections adjacent the bottom portion and lower support beam (connecting link 158B);
wherein the upper links and lower links provide independent pivotal movement of the side wing sections relative to the center section to contour to the surface of the field (intended function is within the capability provided by the parallelogram links shown above).
“Each resilient float element 140 is operable to produce a force output that varies with a position of the wing 112 with respect to the center section 116.”
“FIG. 2 provides a general overview of the wing float system, which includes two independent float circuits or sub-systems, each of which includes the resilient float element 140 (e.g., a single-acting hydraulic cylinder) coupled via a hydraulic line to an accumulator 144 (e.g., a gas-charged accumulator).”
2. The row crop header as set forth in claim 1 further including a float system operatively coupled between the center section and each one of the side wing sections to adjust the weight of the side wing sections on the surface of the field (taught above; also, par. 15-18).
3. The row crop header as set forth in claim 2 wherein the float system includes a hydraulic cylinder extending between the center section and each one of the side wing sections (taught above).
4. The row crop header as set forth in claim 3 wherein each hydraulic cylinder includes a first end coupled to the inner support member of the side wing section and an opposite second end coupled to the center section above the upper link (fig 3).
5. The row crop header as set forth in claim 2 wherein the float system includes a spring attachment arm extending between a medial end pivotally coupled to each side edge of the center section to an opposite terminal lateral end (taught in par. 15, the resilient float is considered, in the art, a spring).
“Each resilient float element 140 is operable to produce a force output that varies with a position of the wing 112 with respect to the center section 116. However, each of the resilient float elements 140 can be coupled in a manner that allows a relatively constant float force to be applied to the wing 112 while encountering various changes in terrain during harvesting, despite changes in the actual force output of the resilient float element 140.”
6. The row crop header as set forth in claim 5 wherein the float system includes a spring extending between the lateral end of the spring attachment arm and lower support beam of each side wing section for supporting the weight of the side wing section from the center section (see quote above, a constant float force, i.e. counter the weight of the wing).
7. The row crop header as set forth in claim 6 wherein the float system includes a hydraulic cylinder extending from each spring attachment arm between the medial and lateral ends thereof to the corresponding side edge of the center section for pivoting the spring attachment arms relative to the center section and thereby adjusting the position of the spring to regulate the spring force and weight of the side wing sections on the surface of the field (see par. 15 & quoted text in re cl. 6, the float includes a hydraulic cylinder).
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8. The row crop header as set forth in claim 4 [or 8] further including a locking link selectively extending between the center section and each of the side wing sections for locking the pivotal position of the side wing section relative to the center section (marked up).
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9. The row crop header as set forth in claim 8 wherein each of the side wing sections including a second lower support beam spaced forward of the first lower support beam and fixedly coupled there by a plurality of intermediate supports extending therebetween (marked up).
“For example, the circuit supplied by the pressure rail 230 can include one or more hydraulic actuators for any combination of: feeder draper belt drive, reel drive, reel lift, auger drive, auger adjustment, gauge wheel adjustment, etc.”
10. The row crop header as set forth in claim 9 further including an auger assembly comprising an auger pan extending the first lower support beams and intermediate supports of each side wing section and extending between a lateral end and a medial end disposed adjacent a center vertical line of the center section (not referenced, but shown at the center section in fig 1; par. 21, inherent auger).
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.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vandeven et al (2019/0110404), in view of Kejr (4487004).
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Vandeven teaches the claimed invention above, except:
11. The row crop header as set forth in claim 10 further including a flexible material extending between the medial ends of each auger pan to allow the auger pans to independently pivot with the respective side wing sections (not shown).
Kejr teaches that it has been known to include a flexible material (158):
“(47) The cover member 158 can be made of a flexible plastic material that would allow it to bend to cover the gap indicated at 164 to prevent grain and the like from falling through the gap 164.”
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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 auger pan of Vandeven with the teachings of Kejr, with a reasonable expectation of success since it would allow to bend to cover the gap (see teachings above in Kejr).
12. The row crop header as set forth in claim 11 wherein each auger pan has a generally arcuate shape with a rear cutout portion disposed adjacent the medial end to allow crop to enter an aperture in the center section for transport to the harvester (taught in the combination, see Kejr, marked up).
13. The row crop header as set forth in claim 12 wherein the auger assembly includes an auger rotatably supported above each auger pan of the side wing sections to transfer cut crops through the aperture in the center section (taught in the combination, see Kejr, fig 1).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vandeven et al (2019/0110404) and Kejr (4487004), in view of Ritter et al (9198353).
Vandeven & Kejr combination teaches plurality of row units as claimed (Vandeven, fig 1), except:
14. The row crop header as set forth in claim 13 further including a plurality of row units pairs extending forwardly from the second lower support beam of each side wing section and forming a channel therebetween for gathering and cutting the row crops and a conical snout supported above each of the row unit pairs for directing crops into the channels (snout not shown).
Ritter teaches what is well known, that row units include snouts:
“Corn head 100 further comprises a plurality of row units 101 fixed to frame 102 and extending forward therefrom. In FIG. 1, these row units are covered by corresponding points 106 and covers 108 disposed behind the points 106 that serve to divide the crop into individual rows and feed the crop into the gap between the arms 170 of adjacent row units 101. These row units 101 are seen in greater detail in FIGS. 2-7.”
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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 row unit of Vandeven & Kejr with the teachings of Ritter, with a reasonable expectation of success since it would divide the crop into individual rows and feed the crop into the gap / channel, as a well known feature of combine harvester.
15. The row crop header as set forth in claim 14 further including a skid shoe assembly operatively coupled to at least one of the row units adjacent each end of the header frame for maintaining the cut height of the header as the skid shoe assembly engages the surface of the field of crops to be harvested (Vandeven, skid 143, par. 15).
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vandeven et al (2019/0110404), Kejr (4487004), and Ritter et al (9198353), in view of Yanke et al (CA 3012682).
Vandeven, Kejr & Ritter combination teaches the skid (Vandeven, ref 143, par. 15, except:
16. The row crop header as set forth in claim 15 wherein the skid shoe assembly includes a skid shoe bracket affixed to the row unit, a skid shoe plate for engaging the surface of the field of crops to be harvested, and front and rear attachment arms extending between the skid shoe bracket and skid shoe plate for rotatably adjusting the position of the skid shoe plate relative to the skid shoe bracket between a retracted position engaged against the bracket to an extended position spaced downwardly from the bracket (as highlighted, not shown in the combination).
Yanke teaches it has been known that the skid plate includes means for mounting (bracket) & means for rotatably adjusting (not limited to the embodiment shown below):
“During use the system harvester 200 with head 704, active member 726 may be supported at various heights relative to the underlying terrain, depending upon characteristics of the crop being harvested or otherwise interacted upon.”
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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 skid of Vandeven, Kejr & Ritter with the teachings of Yanke, with a reasonable expectation of success since various heights can be achieved depending upon characteristics of the crop being harvested (see teaches above, Yanke).
17. The row crop header as set forth in claim 16 wherein the skid shoe assembly further includes a hydraulic cylinder extending between the skid shoe bracket and the rear attachment arms for automatically rotating the front and rear attachment arms and move the skid shoe plate between the retracted and extended positions relative to the side wing sections thereby adjusting the cutting height of the header (taught in the combination, Yanke, powered actuator 734).
18. The row crop header as set forth in claim 17 wherein the skid shoe plate includes a vertically-elongated slot for slidably receiving lower portions of the rear attachment arms to allow the skid shoe plate to pivot relative to the rear attachment arms when engaging with objects in the field of row crops to be harvested (taught in the combination, Yanke, fig 11).
Allowable Subject Matter
Claim(s) 19-20 is/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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892.
Schroeder et al (10531607) teaches a skid with a hydraulic cylinder extending between the skid shoe bracket to move the skid between the retracted and extended positions (fig 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARPAD FABIAN-KOVACS whose telephone number is (571) 272-6990. The examiner can normally be reached Mo-Th.
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/ARPAD FABIAN-KOVACS/
Primary Examiner, Art Unit 3671