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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the spring of claim 27 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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 16-35 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.
Regarding claim 16, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
By virtue of their dependence on claim 16, this basis of rejection also applies to dependent claims 17-35.
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 (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 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 16-19, 22-24, 26, 28-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scharf (EP 2674022 A1).
It is noted that all citations to Scharf (EP 2674022 A1) are in reference to the corresponding English-translated document attached by the Examiner under NPL documents.
Regarding independent claim 16, Scharf discloses a pickup assembly (1, Fig. 1) for an agricultural vehicle, in particular a forage harvester, a baler or a forage wagon (para. [0023] for an agricultural harvester, such as a tractor, a baler, a forage harvester or the like), the pickup assembly comprising:
a frame (4);
a pickup drum (5) carried by the frame and carrying a plurality of tines (9); and
a windguard assembly (10 + 39) carried by the frame and comprising a first roller (12) and a second roller (13) carried in front of the pickup drum (Fig. 1), the first roller and the second roller each being pivotable relative to the frame to adjust a respective relative position to the pickup drum (para. [0026]); characterized in that:
the first roller is pivotable about a first pivot (designated “FP” in annotated image below) defining a first pivot axis that is coaxial with an axis of rotation of the second roller (para. [0029] front hold-down roller 12 pivots about the axis of rotation of rear hold-down roller 13, i.e. front roller “pivot axis can coincide…with the axis of rotation of the rear roller”, para. [0020]) when the second roller is at a position closest to the pickup drum such that the relative position of the first roller is adjustable without adjusting the relative position of the second roller when the second roller is at the position closest to the pickup drum (“the distance of the front hold-down roller 12 from the collection drum 5 to be varied independently of the distance between the rear hold-down roller 13 and the collection drum 5”, para. [0026]).
Note first roller 12 pivots about the axis of rotation of second roller 13 regardless of the position of the second roller.
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Annotated Image of Fig. 3 of Scharf
Regarding claim 17, Scharf discloses the pickup assembly of claim 16, wherein the first roller (12) is carried by a first arm (19) that is pivotable about the first pivot (para. [0029] “front hold-down roller 12, which is articulated…via two supports 19 pivotable about the axis of the hold-down roller 13”).
Regarding claim 18, Scharf discloses the pickup assembly of claim 17, wherein the first pivot (FP) is fixed relative to the pickup drum (5) (para. [0039] teaches position of arms 11 can be fixed by locking actuators 25, thereby also fixing the position of first pivot FP).
Regarding claim 19, Scharf discloses the pickup assembly of claim 17, wherein the second roller (13) is carried by a second arm (11) that is pivotable about a second pivot (22) defining a second pivot axis (para. [0031]).
Regarding claim 22, Scharf discloses the pickup assembly of claim 19, wherein the first arm (19) comprises an abutment (26) that the second arm (11) rests on when the second roller (13) is at the position closest to the pickup drum (5) (Fig. 3, para. [0031] in every position of second roller 13, arm 11 is supported by/rests on top of actuator 25 at joint 24 and is therefore also considered to rest on top of actuator 26 at joint 24).
Regarding claim 23, Scharf discloses the pickup assembly of claim 17, wherein the first pivot (FP) is mounted to a support (11) that is connected (at pivot 22) to the frame (4).
Regarding claim 24, Scharf discloses the pickup assembly of claim 23, wherein the support (11) is a leg (Fig. 3).
Regarding claim 26, Scharf discloses the pickup assembly of claim 17, further comprising an actuator (26) coupled to the first arm (19) and configured to adjust the relative position of the first roller (12) by pivoting the first arm (Fig. 3, para. [0026,0035]).
Regarding claim 28, Scharf discloses the pickup assembly of claim 16, wherein the first roller (12) is a front roller (“front hold-down roller 12”) and the second roller (13) is a rear roller (“rear hold-down roller 13”) (Fig. 3).
Regarding claim 29, Scharf discloses an agricultural vehicle (para. [0023] “a tractor, a baler, a forage harvester or the like”) comprising:
a chassis (inherent in agricultural vehicles of this type);
a crop material conveyor (6) carried by the chassis; and the pickup assembly (1) of claim 16, wherein the pickup assembly is carried by the chassis and configured to move crop material from the ground toward the crop material conveyor (para. [0028]).
Regarding claim 30, Scharf discloses the agricultural vehicle of claim 29, wherein the crop material conveyor (6) is an auger (Fig. 2, screw conveyor having spirals 16, para. [0028]).
Regarding claim 31, Scharf discloses the agricultural vehicle of claim 29, wherein the agricultural vehicle is a forage harvester, a large square baler, a small square baler, or a round baler (para. [0023] “a tractor, a baler, a forage harvester or the like”).
Regarding claim 32, Scharf discloses the agricultural vehicle of claim 29, wherein the first roller (12) of the pickup assembly is carried by a first arm (19) that is pivotable about the first pivot (“FP”, designated above) and wherein the first pivot is fixed relative to the pickup drum (5) (para. [0039] teaches position of arms 11 can be fixed by locking actuators 25, thereby also fixing the position of first pivot FP).
Claims 16-17, 19, 23-25, 27, 29-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gette et al. (US 20070119140 A1).
Regarding independent claim 16, Gette discloses a pickup assembly (1, Fig. 1) for an agricultural vehicle (“agricultural harvesting machine”), in particular a forage harvester, a baler or a forage wagon, the pickup assembly comprising:
a frame (12);
a pickup drum (15) carried by the frame and carrying a plurality of tines (16); and
a windguard assembly (“roller-type compressing device 3, 4, 20, 22, 23, 24”) carried by the frame and comprising a first roller (4) and a second roller (3) carried in front of the pickup drum (Fig. 1), the first roller and the second roller each being pivotable relative to the frame to adjust a respective relative position to the pickup drum (para. [0028-0029]); characterized in that:
the first roller is pivotable about a first pivot (21) defining a first pivot axis that is coaxial with an axis of rotation of the second roller when the second roller is at a position closest to the pickup drum such that the relative position of the first roller is adjustable without adjusting the relative position of the second roller when the second roller is at the position closest to the pickup drum (para. [0029-0030] first roller 4 pivots about rotation axis 21 independent from and relative to second roller 3).
Note first roller 4 pivots about the axis of rotation 21 of second roller 3 regardless of the position of the second roller.
Regarding claim 17, Gette discloses the pickup assembly of claim 16, wherein the first roller (4) is carried by a first arm (22) that is pivotable about the first pivot (21).
Regarding claim 19, Gette discloses the pickup assembly of claim 17, wherein the second roller (3) is carried by a second arm (20) that is pivotable about a second pivot (19) defining a second pivot axis (Fig. 1, para. [0028]).
Regarding claim 23, Gette discloses the pickup assembly of claim 17, wherein the first pivot (21) is mounted to a support (20) that is connected to the frame (12) (Fig. 1, bottom of para. [0028] – top of para. [0029]).
Regarding claim 24, Gette discloses the pickup assembly of claim 23, wherein the support (20) is a leg (Fig. 1).
Regarding claim 25, Gette discloses the pickup assembly of claim 23, wherein the support (20) has a notch (26) formed therein and the first arm (22) comprises a stop (outer surfaces of arms 22) that is pivotably aligned with the notch and configured to stop further pivoting of the first roller (4) when the first roller reaches a maximum height position (para. [0032] guide 26 comprises lower and upper end stops which define the vertical displaceability of arms 22 and thus first roller 4).
Regarding claim 27, Gette discloses the pickup assembly of claim 19, further comprising a spring (18) coupled at one side to the first arm and at the other side to the second arm (note claim does not require a direct couplings at each end to the first and second arm, therefore all elements of the pickup assembly are inherently “coupled to” each other) and configured to apply at least one of a downward pressure or an upward pressure to the second roller (para. [0036] cylinder 18 controls bearing pressure of second roller 3).
Regarding claim 29, Gette discloses an agricultural vehicle (“agricultural harvesting machine”) comprising:
a chassis (inherent in agricultural harvester);
a crop material conveyor (27) carried by the chassis; and the pickup assembly (1) of claim 16, wherein the pickup assembly is carried by the chassis and configured to move crop material from the ground toward the crop material conveyor (para. [0033]).
Regarding claim 30, Gette discloses the agricultural vehicle of claim 29, wherein the crop material conveyor (27) is an auger (Fig. 2, para. [0033] “conveyor auger 27”).
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.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Scharf as applied to claim 32 above, and further in view of Boll (DE 102012011591 A1).
It is noted that all citations to Boll (DE 102012011591 A1) are in reference to the corresponding English-translated document attached by the Examiner under NPL documents.
Regarding claim 35, Scharf discloses the pickup assembly of claim 32, wherein the first pivot (FP) is mounted to a support (11) that is connected to the frame (4) (Fig. 3).
Scharf does not explicitly detail wherein the support (11) has a notch formed therein and the first arm (19) comprises a stop that is pivotably aligned with the notch and configured to stop further pivoting of the first roller (12) when the first roller reaches a maximum height position.
In the same field of endeavor, Boll discloses a similar hold-down assembly for a pick-up comprising a first roller (8) and a second roller (9), wherein the first roller is carried by a first arm (19) pivotable about a first pivot (20) which is mounted to a support (14) of the frame (2), wherein the support (14) has a notch (21) formed therein and the first arm (19) comprises a stop (surface of arm 19 which contacts the stop pins) pivotably aligned with the notch to stop further pivoting of the first roller (8) when the first roller reaches a maximum height position (para. [0027]).
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 support and first arm of Scharf to comprise a pivotally aligned notch and stop surface respectively, as taught by Boll, in order to allow a user to selectively adjust/limit a swing motion of the first arm relative to the support based on a desired range of motion of the front roller relative to the rear roller.
Allowable Subject Matter
Claims 20-21 and 33-34 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. Rausch (US 6560953 B2) discloses a windguard attachment adapting device. West (US 2906393 A) discloses a feed assembly with independently movable front and rear rollers with adjustable hold-down force. Schafer (US 7540136 B2) discloses movable press rolls for a feeding device. Rathmer (US 20240164257 A1) discloses a hold-down device with rocker arms. Haga et al. (US 20230363312 A1) discloses a windguard attachment with two rollers. Beelaert et al. (US 20240172593 A1) discloses an adjustable windguard roller. Vogelgesang et al. (US 5293732 A) discloses a crop hold-down for a pick-up. Hemmesmann et al. (US 20250331463 A1) discloses a pick-up comprising two hold-down rollers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA C TRAN whose telephone number is (571) 272-8758. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joesph Rocca, can be reached on (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIA C TRAN/Examiner, Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671