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 .
Claim Objections
Claim 15 is objected to because of the following informalities:
Claim 15 currently depends from claim 12, however it appears as though it should depend from claim 14.
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 10 and 15 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 15 refers to “the stone barrier plate” which lack antecedent basis.
Claim 10 and 15 both refer to: “a stationary end filling element”. However the specification does not appear clearly define these terms making it unclear in view of the drawings and specification to which structure the claim is referring to. The specification must clearly describe the claims and use like terminology or the claims must be amended to be clear in view of the specification.
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.
Claim(s) 1 and 4-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bartels (USPN 1806928).
Regarding claims 1 and 4-5, Bartels discloses a combine harvester comprising: a chassis; a head (1) including a reel (Auger reel 5) rotating about an axis substantially perpendicular to a direction of travel; a cutter (sickle bar pointed to by indicator 16) at a front portion of the head; a crop feeder system (Any known system inherently included that feeds crop from the auger into the combine); a powered movable stone barrier rearward of the cutter (Figure 2 shows stone barrier pointed to by indicator 27. Powered to move laterally with sickle bar as described on page 2 lines 30-35. Although Bartels does not specifically describe this portion as a “stone barrier” is would meet the function of a stone barrier as heavier stones would be trapped at the forward ramp portion, similar in shape and function to applicants).
Regarding claim 6, Bartels discloses wherein the head comprises a laterally extending knife guard (13) at a leading edge of the cutter, and wherein the knife guard forms a laterally extending horizontal channel (17), the sickle bar moving laterally in the channel (Figure 2).
Regarding claim 7, Bartels discloses wherein the combine harvester comprises a test plot harvester (The harvester is considered capable of working on a test plot of crop).
Regarding claim 8, Bartels discloses wherein the stone barrier comprises a laterally movable plate having a portion with a rearward and upward sloping upper surface (sloping surface pointed to by indicator 27).
Regarding claim 9, Bartels discloses wherein the stone barrier comprises a substantially horizontal portion extending rearward from the portion of the plate with a rearward and upward sloping upper surface (Portion 29 extends upwards are rearward from portion 27 in the first half and maybe fully depending on the angle with the ground during operation).
Regarding claim 10, Bartels discloses a stationary end filling element below the stone barrier plate and proximate an end of the stone barrier plate (Grain pan 2 is stationary and is an end filling element to catch the crop off the barrier plate).
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaver (USPN 3118265) in view of Bartels (USPN 1806928).
Regarding claims 1-2, 4-5, 11-12, 16-17, Shaver discloses a method and a combine harvester (in the form of a forage harvester 10) comprising: a chassis (12); a head (11) including a reel (reel assembly 23) rotating about an axis substantially perpendicular to a direction of travel; a cutter (sickle 15) at a front portion of the head; a crop transport system for transporting harvested crop deposited by the reel through the head (Auger 41) feeder system (feeder conveyor belt 17).
Shaver is lacking details of the cutter bar and a powered movable stone barrier.
Graber discloses a similar header with a sickle cutter adjacent an auger and teaches a ramp portion (indicator 27) that is attached and is reciprocating with the cutterbar and acts to clear debris away from the auger (Page 2 lines 30-40).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Shaver by using the sickle bar assembly with a ramp portion as taught by Graber to further clear debris from the auger during operation.
It is noted that the phrase “powered moveable stone barrier” carries no specific structure and function with it. The combination above is deemed appropriate and would result in a similar structure as applicants, and would function in a similar manner to remove stone through the steeply shaped reciprocating ramp.
The method comprising: advancing the harvester along at least a first crop test plot and a second crop test plot (The claim limitations are considered broad and an operator running the combine of the combination would use the combine on multiple different plots of land with crops which would be considered “test plots”).
Regarding claim 3, the combination discloses wherein the crop feeder system comprises a feeder belt proximate the stone barrier (Shaver Conveyor 17).
Regarding claims 6, 13 and 19, the combination discloses wherein the head comprises a laterally extending knife guard (Bartels 13) at a leading edge of the cutter, and wherein the knife guard forms a laterally extending horizontal channel (17), the sickle bar moving laterally in the channel (Bartels figure 2).
Regarding claim 7, Shaver discloses wherein the combine harvester comprises a test plot harvester (The combine of Shavers is capable of being used for test plots).
Regarding claim 8, the combination discloses wherein the stone barrier comprises a laterally movable plate having a portion with a rearward and upward sloping upper surface (Bartels, sloping surface pointed to by indicator 27).
Regarding claims 9, 14 and 20, the combination discloses wherein the stone barrier comprises a substantially horizontal portion extending rearward from the portion of the plate with a rearward and upward sloping upper surface (Bartels Portion 29 extends upwards are rearward from portion 27 in the first half and maybe fully depending on the angle with the ground during operation).
Regarding claims 10 and 15, the combination discloses a stationary end filling element below the stone barrier plate and proximate an end of the stone barrier plate (To be defined as any element to block or carry grain from the stone barrier plate. For example Bartels grain pan 2 is stationary and is an end filling element to catch the crop off the barrier plate. Belt 17 of Shaver is stationary as it rotates and the plate could obviously extend over the belts end to limit crop loss).
Regarding claim 18, the combination discloses wherein cutting the crop comprises cutting the crop with a reciprocating cutter, the method further comprising driving the reciprocating cutter and the stone barrier together with a single driver (Bartels pitman 18).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Graeber (USPN 3990218) discloses a movable stone barrier that would read on claim 1 and could be combined with any known combine structure to reads on additional claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J BEHRENS whose telephone number is (303)297-4336. The examiner can normally be reached M-F 9am-2pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached at (571) 272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J BEHRENS/Primary Examiner, Art Unit 3671