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 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) 30-36, 38, 39, 44-52, and 54-57 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Borchers EP3228178 (provided in IDS).
Regarding claim 30, Borchers teaches a round baler (Figure 1-6, wherein ¶0068 describes the bale-wrapper combination including Figures 1-6, including the below described elements. Although Figure 1 is labeled as “prior art” it is clear from this paragraph that this “prior art” label is applied only to the bale carrier lacking guiding sheets and bale pusher, ¶0066. Therefore, the general recitation of the additional elements, such as the baler 60, are considered to be provided for all embodiments) for harvested agricultural material, comprising of:
a pressing chamber (inside 60) for pressing a round bale B, wherein the pressing chamber includes a wrapping device 62 for wrapping the pressed round bale with a sheathing material (held in 9.1 and 9.2) and comprising a transfer device 61, which is configured to form a transfer segment (including 2), via which the pressed round bale can be transferred in a transfer direction (to the right of the figures) from the pressing chamber (on the left side) to the wrapping device 62;
at least one transfer segment device 16.l, which, at least in a first position, forms at least a predominant first part (in which 16.l is the bulk of 2) of the transfer part, wherein the at least one transfer device 61 includes a transfer drive element 3.3 which, to drive the pressed round bale to the wrapping device (by movement to the right, as shown in comparing Figures 2-4, where 2 pivots clockwise), is mounted movably relative to the transfer segment device (where 3.3 pivots relative to 6, which is considered part of the transfer segment device, and in which pivoting is considered movable mounting) at least proportionally (assuming this was intended to be “partially”) in the transfer direction (toward the right) in at least one drive position (as shown in Figure 3), in which position the transfer segment device 6 is arranged at least partially between the transfer drive element 3.3 and a ground contact plane G of the round baler (wherein 3.3 is held above 6, and 6 is held above the ground G, thus 6 is arranged as claimed);
the transfer device includes an at least one actuating device 12.l with an actuating element (right side of 12.l) for moving the transfer drive element at least into the drive position;
the at least one transfer segment device 16.l includes at least one transfer segment device unit (including 31.l, 18.r, 18.l), which is pivotably movable (wherein 16.l pivots on pivot points 17.l.f) relative to a machine chassis (necessarily provided to support 60 on wheels 50.l) of the round baler about a pivot axis 30.l for the segment, from a first position, in which the transfer segment device unit is arranged when the transfer segment device is arranged in the first position (Figure 2), into a second position (Figures 3 or 4);
wherein the actuating device 12.l includes at least one transfer element (17.l.f. and 1.l) by means of which the actuating device 12.l is configured to move the transfer segment device unit 16.1 (wherein 1.l moves by engagement with actuation device 12.l. Segment 17.l.r. will also move due to the pivot connection at 25.l) from the first position (Figure 2) to a second position (Figures 3 or 4).
Regarding claim 31, Borchers teaches the round baler according to Claim 30, wherein the transfer drive element 3.3 is movably mounted at least in a pick-up support position (Figure 2), in which the transfer drive element forms a second part (wherein 3.3 is held adjacent 6) of the transfer segment.
Regarding claim 32, Borchers teaches the round baler according to Claim 30, wherein the transfer drive element 3.3 is mounted in such a way that the second part (part of 3.3, as claim 31 recites the transfer drive element itself forms the second part) of the transfer segment is arranged between the pressing chamber and the first part of the transfer segment (wherein 3.3 is arranged laterally between the first part at 6, since 3.3 is above 6, and the pressing chamber, since 3.3 is below the top of the pressing chamber).
Regarding claim 33, Borchers teaches the round baler according to Claim 30, wherein the transfer drive element 3.3 in the pick-up support position (Figure 2) extends in a spatial section (the space above 6) which is stationary relative to the pressing chamber (wherein this space does not move or rotate relative to the pressing chamber) and into which a flap element 29 (discharge gate is the same as a flap element) of the round baler extends in a pressing position (as shown in Figure 1) in which the flap element cooperates to form the pressing chamber.
Regarding claim 34, Borchers teaches the round baler according to Claim 30, wherein the transfer drive element is mounted at least partially pivotably movable about a drive pivot axis 30.1 (pivoting can be seen in comparing Figures 2 thru 4).
Regarding claim 35, Borchers teaches the round baler according to Claim 30, wherein the drive pivot axis 30.1 is arranged in an intermediate space (as shown disposed adjacent 1.1) between the ground contact plane G and a reference plane (such as a horizontal plane defined by 1.r in Figure 3) that is parallel to the ground contact plane and adjacent to the transfer segment device 16.l, in which the transfer segment device is also arranged (since the transfer segment device is attached to 30.1).
Regarding claim 36, Borchers teaches the round baler according to Claim 30, wherein the transfer drive element 3.3 is movably mounted at least in a dispensing support position (Figure 4), in which a transfer drive device (including 3.3, 18.l and 18r) comprising the transfer drive element and, in particular, mounted pivotably movable (about pivot 30.1) with the transfer drive element about the drive pivot axis forms a further part of the transfer segment (wherein 3.3, 18.r, and 18.l are moved as a unit as can be seen in Figures 2-4, where all three are pivoted together), which further part is arranged between the first part and the wrapping device where the transfer drive device including 3.3, 18.l and 18.r are all held laterally between the left most side of the first part 12.1 and the wrapping device 62).
Regarding claim 38, Borchers teaches the round baler according to Claim 37, wherein the at least one actuating device 12.l is configured to pivot the transfer drive element by at least 15 degrees (Figure 2 versus Figure 4 shows a 90 degree pivot, which far exceeds the “at least 15 degrees” requirement).
Regarding claim 39, Borchers teaches the round baler according to Claim 37, wherein the at least one actuating element 12.l in at least in one position of the transfer drive element 3.3 (Figure 3) and in the first position of the transfer segment device (Figure 2) is at least partially arranged between the transfer segment device 16.l and the ground contact plane (wherein 12.l is held between the top of 18r, which is part of 16.l and the ground G).
Regarding claim 44, Borchers teaches the round baler according to Claim 30, wherein the actuating device 12.l is configured in such a way that during a movement of the transfer drive element 3.3 from the pick-up support position to the drive position, the transfer element 17.l.f. contacts (by being attached to) a transfer mating element (the down-sloped portion and the horizontal portion of 6) of the transfer segment device unit 16.1.
Regarding claim 45, Borchers teaches the round baler according to Claim 44, wherein the transfer element 17.l.f. and/or the transfer mating element are/is shaped in such a way that the movement of the transfer segment device unit from the first position (Figure 2) ends in the second position (Figure 4), whereas the transfer drive element is moved from the pick-up support position (as shown in Figure 2) to the drive position (as shown in Figure 4, where the bale is driven to 62).
Regarding claim 46, Borchers teaches the round baler according to Claim 44, wherein the transfer mating element (downslope portion and horizontal portion of 6) includes a transfer contour (6’s profile) in longitudinal section, which comprises a first contour section (horizontal left side part of 6), in particular a straight contour section (which is horizontal and straight), and a second contour section, in particular a straight contour section which is angled (the down-sloped portion of 6) with respect to the first contour section.
Regarding claim 47, Borchers teaches the round baler according to Claim 30, wherein the at least one transfer segment device 16.l comprises at least two transfer segment device units (Figure 2 shows a left and right side, 16.l and 16.r), which units are respectively spaced apart from a longitudinal center plane (the center plane) perpendicular to the ground contact plane G and parallel to the transfer direction (in which 16.l and 16.r are parallel with each other), which extends between the transfer segment device units, and which are formed, in particular, mirror-symmetrically to the longitudinal center plane (in which 16.l and 16.r. are symmetrical to each other).
Regarding claim 48, Borchers teaches the round baler according to Claim 30, further comprising a transfer drive device 2 that includes the transfer drive element 3.3 and/or the at least one transfer segment device unit includes at least one frame element (18.r or 18.l) and, in particular, at least one roller element rotatably mounted on the frame element (wherein the frame element and roller element are not positively required, since the term “and/or” is used in the claim).
Regarding claim 49, Borchers teaches the round baler according to Claim 48, wherein the at least one frame element 18.r, in particular, two frame elements (18 l and r), of the transfer drive device 2 is arranged at least in the pick-up support position (Figure 2) of the transfer drive element in a top view at least partially between the two transfer segment device units (wherein elements 3.3 and 18.r, 18.l fit between 6, as shown in Figure 2) .
Regarding claim 50, Borchers teaches (as best understood) the round baler according to Claim 48, wherein the portion of the at least one frame element (18 l or r) of the transfer drive device that is spaced apart from the drive pivot axis 30.l extends in an elongate manner in a portion direction (in which 18 extends from left to right) which, in the dispensing support position of the transfer drive element (Figure 3), is less strongly angled to the ground contact plane than a radial (as best understood by examiner) with respect to the drive pivot axis 30.l and which radial intersects the portion.
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Figure A: annotated Figure 3.
Regarding claim 51, Borchers teaches the round baler according to Claim 41, wherein an end (left side) of the transfer segment device unit facing away from the pivot axis for the segment is formed by a collection element 31.1 which is arranged between the transfer drive element 3.3 and the ground contact plane G at least in the first position (Figure 2) of the transfer segment device and when the transfer drive element is arranged in the pick-up support position (shown in Figure 3) .
Regarding claim 52, Borchers teaches the round baler according to Claim 30, wherein the wrapping device comprises a wrapping table 8 forming a wrapping trough 19.3 for the pressed round bale and comprises a wrapping table frame (21.1 and13), wherein the wrapping device comprises a brake roller element 11.1 (wherein 11.1 is shown cylindrical, and prevents bale from moving horizontally, thus is considered a brake roller) that is rotatably mounted about a rotational axis (vertical axis of 11.1) of the brake roller that is, in particular, stationary relative to the wrapping table frame (wherein the axis is attached to 21.1, thus is considered stationary), and which is laterally arranged between (shown in Figure 4) the wrapping trough 19.3 and the transfer device 61 at least in a wrapping position of the wrapping table .
Regarding claim 54, Borchers teaches a method for operating a round baler 60 comprising:
transferring a pressed round bale B from the pressing chamber (inside 60) that is to be opened by a flap element 29 towards the transfer device, into the wrapping device 62, which comprises a/the wrapping table 8 that is movable from a wrapping position into a/the pick-up position (Figure 2- pick-up position; versus Figure 4- wrapping position) on the transfer segment and forms a/the wrapping trough 19.3 for the pressed round bale;
braking (with 11.1, which stops the bale from moving laterally) the pressed round bale when the wrapping table is moved into a bale braking position (Figure 3-4) and/or is held in the bale braking position, which corresponds to the wrapping position or in which the wrapping table is arranged between the wrapping position and the pick-up position (the wrapping table being arranged between the wrapping position and the pick-up position is not positively required);
opening the pressing chamber with the flap element (in which opening is necessarily required to transfer the bale to 62, and flap 29 is capable of being opened as described in ¶0071-0072), subsequently, to discharge the pressed round bale from the pressing chamber to the transfer device ¶0072;
moving the wrapping table to the pick-up position (as shown in Figure 2), subsequently, for picking up of the pressed round bale B, and subsequently, and moving the wrapping table to the wrapping position (as shown in Figure 6, described in ¶0066), subsequently, to wrap the picked up round bale ¶0063.
Regarding claim 55, Borchers teaches the method according to Claim 54, wherein the movement of the wrapping table into the pick-up position necessarily takes place after a certain period of time has elapsed after the opening of the flap element (since at least some transition time is required to physically move the bale to the wrapping table) and/or as a function of an output signal from a bale brake sensor for detecting a round bale being in contact with the wrapping device, in particular with the brake roller element 11.1 (wherein the function of an output signal from a bale brake sensor are not positively required in this claim).
Regarding claim 56, Borchers teaches the method according to Claim 54, wherein the bale braking position (wherein the position that brake 11.1 is set is consider the bale braking position) is set as a function of the size (different diameters are recited in ¶0072) of the pressed round bale (wherein the claim does not have further limitations describing how the position is set or what function is used- therefore any setting such as shown in Figure 2, is considered to be set as a function of bale size, since at the minimum 11.1 must be set at some position capable of receiving a bale of a selected size).
Regarding claim 57, Borchers teaches the method according to Claim 54, wherein the movement of the wrapping table, in particular the determination of the duration or the setting of the bale braking position, is dependent on an inclination of the round baler (such as the inclination shown in Figure 1, wherein the wrapping unit 62, and thus the bale braking position, is attached to the baler 60 via 6. Thus the setting of the braking position is at least partially dependent upon the inclination of the baler. There are no further limitations directed to how the movement of the wrapping table and the duration or setting of the bale braking position are dependent on the inclination of the round baler).
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(s) 58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borchers in view of McClure US2009/0282788.
Regarding claim 58, Borchers teaches a process for utilizing a round baler 60 (as described above) for harvested agricultural material, comprising of:
operating a pressing chamber (inside 60) for pressing a round bale B, wherein the pressing chamber includes a wrapping device 62 for wrapping the pressed round bale with a sheathing material 9.1 and comprising a transfer device 61, which is configured to form a transfer segment 3.3, via which the pressed round bale can be transferred in a transfer direction (to the right) from the pressing chamber to the wrapping device (as shown comparing Figures 2 thru 4);
driving (Figures 3 and 4) the pressed round bale to the wrapping device (Figure 3-4) with at least one transfer segment device 16.l, which, at least in a first position (Figure 1), forms at least a predominant first part (wherein 16.l is shown as a major component in Figure 2) of the transfer part, wherein the at least one transfer device 61 includes a transfer drive element 3.3 that is mounted movably relative (pivoting as described above) to the transfer segment device at least proportionally (as best understood to be “partially”) in the transfer direction in at least one drive position, in which position the transfer segment device is arranged (as described above) at least partially between the transfer drive element and a ground contact plane G of the round baler ; and
providing the following functions that include a transfer (the “ejected” described in ¶0072) for a pressed round bale B from the pressing chamber that is to be opened by a/the flap element towards the transfer device, into the wrapping device, which includes a wrapping table 8 that is movable from a wrapping position (Figure 4) into a pick-up position (Figure 2) on the transfer segment (wherein the wrapping table and the transfer segment are held as a unit, thus the wrapping table is considered to be on the transfer segment) and forms a wrapping trough 19.3 for the pressed round bale, provide braking of the pressed round bale (with the above described brake roller), with the wrapping table is moved into a bale braking position (Figure 2) and/or is held in the bale braking position which corresponds to the wrapping position or in which the wrapping table is arranged between the wrapping position (Figure 4) and the pick-up position (Figure 2) and then having the flap element 29 open the pressing chamber (inside of 60) to discharge the pressed round bale B from the pressing chamber to the transfer device, and then having the wrapping table moved to the pick-up position (Figure 2) for picking up of the pressed round bale, and then having the wrapping table move to the wrapping position (Figure 4) to wrap the picked up round bale;
the transfer device includes an at least one actuating device 12.l with an actuating element (right side of 12.l) for moving the transfer drive element at least into the drive position;
the at least one transfer segment device 16.l includes at least one transfer segment device unit (including 31.l, 18.r, 18.l), which is pivotably movable (wherein 16.l pivots on pivot points 17.l.f) relative to a machine chassis (necessarily provided to support 60 on wheels 50.l) of the round baler about a pivot axis 30.l for the segment, from a first position, in which the transfer segment device unit is arranged when the transfer segment device is arranged in the first position (Figure 2), into a second position (Figures 3 or 4);
wherein the actuating device 12.l includes at least one transfer element (17.l.f. and 1.l) by means of which the actuating device 12.l is configured to move the transfer segment device unit 16.1 (wherein 1.l moves by engagement with actuation device 12.l. Segment 17.l.r. will also move due to the pivot connection at 25.l) from the first position (Figure 2) to a second position (Figures 3 or 4).
Borchers additionally teaches a sensor ¶0107 to detect that a bale B has been dropped into carrier 2 in the receiving position, and detects the presence of the ejected bale, which then triggers actuators ¶0108 and that the bale has been moved to the wrapping table 8 ¶0109, to initiate moving the bale carrier 2 back to its original position, or that the sensors detect the bale on the wrapping table 8 ¶0109 line 3-4.
Borchers does not teach utilizing a control device to automatically provide the following functions that include a transfer for a pressed round bale from the pressing chamber that is to be opened by a/the flap element towards the transfer device, into the wrapping device, which includes a wrapping table that is movable from a wrapping position into a pick-up position on the transfer segment and forms a wrapping trough for the pressed round bale, provide braking of the pressed round bale, with the wrapping table is moved into a bale braking position and/or is held in the bale braking position which corresponds to the wrapping position or in which the wrapping table is arranged between the wrapping position and the pick-up position and then having the flap element open the pressing chamber to discharge the pressed round bale from the pressing chamber to the transfer device, and then having the wrapping table moved to the pick-up position for picking up of the pressed round bale, and then having the wrapping table move to the wrapping position to wrap the picked up round bale .
McClure, et al. teaches that it is notoriously well-known in the art to use a control device 61 to receive sensed data from sensors ¶0020 to control brake device/roller brake 60 and control operation of a bale wrapping device ¶0040, thus providing automatic functions.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Borchers sensor system in view of McClure, et al.’s control device and sensor with a reasonable expectation of success in providing automated control of the process based on sensed data.
Allowable Subject Matter
Claims 40, 42, and 53 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, see remarks, filed 12/23/2025, with respect to the 35 USC 112 rejection and the claim objections have been fully considered and are persuasive. The 35 USC 112 rejections and the objections of the claims have been withdrawn.
Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive. Applicant's arguments that Borchers' hydraulic cylinder pivots a rocker and is drivingly connected only to that component in a rotational manner is not on point, as the claims do not require additional movable units for the bale transfer. There are no limitations in the claims towards the bale pusher as argued in the instant ¶0039. The independent claims, as presented, only require a single actuating device. The transfer segment and transfer element are not given a narrow limitation of requiring actuation. As described above the transfer element 1.l moves by engagement with actuating device 12.l, in which 17.l.r. also moves due to the pivot connection at 25.l.
Therefore, applicant's arguments regarding dependent claims are similarly not persuasive.
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.
/CATHLEEN R HUTCHINS/ Primary Examiner, Art Unit 3672 2/28/2026