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 § 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.
Claim 2 is 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 2 recites the limitation "the first roller pulley" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 1-2, 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clauss (DE 102014219049 A1).
Regarding claim 1, Clauss discloses a forage harvester (10) cracker unit drive assembly (see fig. 3) for driving a first cracker roller (28) and a second cracker roller (28’), the drive assembly comprising a drive pulley (60), a tension pulley (126), a first cracker pulley (86) associated with the first cracker roller, a second cracker pulley (84) associated with the second cracker roller, a guide pulley (130), and a drive belt (62) drivingly connecting each of these pulleys, the drive assembly further comprising a guide pulley adjustment apparatus (132, 140) for adjusting the position of the guide pulley with respect to the second cracker pulley,
wherein the guide pulley adjustment apparatus comprises a rotatable body (134) comprising a first axial portion connected to a first side of a central region of the rotatable body and a second axial portion connected to a second side of the central region, the guide pulley being mounted for rotation about the second axial portion; and
wherein a central axis of the first axial portion and a central axis of the second axial portion are offset from one another such that rotation of the guide pulley adjustment apparatus between a first position and a second position about the central axis of the first axial portion displaces the guide pulley about a pivot axis which is offset from the axis of rotation of the guide pulley such that moving the adjustment apparatus from the first position to the second position causes the guide pulley to increase a circumferential contact area of the drivebelt with the second cracker pulley (see fig. 3-4).
Regarding claim 5, Clauss discloses a forage harvester (10) comprising a forage harvester frame (see fig. 1-2) and a forage harvester cracker unit (28, 28’) including a cracker unit drive assembly of claim 1, wherein the guide pulley adjustment apparatus is mounted to the forage harvester frame.
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.
Claims 1, 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Van Vooren (US 20060089223 A1) in view of Baljozovic (US 11353092 B2).
Regarding claim 1, Van Vooren discloses a forage harvester (not shown, paragraph 0015) cracker unit drive assembly for driving a first cracker roller (not shown, paragraph 0016) and a second cracker roller (not shown, paragraph 0016), the drive assembly comprising a drive pulley (18), a tension pulley (12), a first cracker pulley (14) associated with the first cracker roller, a second cracker pulley (16) associated with the second cracker roller, a guide pulley (20), and a drive belt (10) drivingly connecting each of these pulleys, the drive assembly further comprising a guide pulley adjustment apparatus (belt tensioning mechanism 28, 22, 24, 46, 50) for adjusting the position of the guide pulley with respect to the second cracker pulley (paragraphs 17-22).
Van Vooren does not disclose wherein the guide pulley adjustment apparatus comprises a rotatable body comprising a first axial portion connected to a first side of a central region of the rotatable body and a second axial portion connected to a second side of the central region, the guide pulley being mounted for rotation about the second axial portion; and wherein a central axis of the first axial portion and a central axis of the second axial portion are offset from one another such that rotation of the adjustment apparatus about the central axis of the first axial portion displaces the guide pulley about a pivot axis which is offset from the axis of rotation of the guide pulley such that moving the adjustment apparatus causes the guide pulley to increase a circumferential contact area of the drivebelt with the second cracker pulley (see fig. 1-2).
Baljozovic discloses a pulley (120) and a pulley adjustment apparatus comprising a rotatable body (114) comprising a first axial portion (114c) connected to a first side of a central region of the rotatable body and a second axial portion (114a) connected to a second side of the central region, the guide pulley being mounted for rotation about the second axial portion; and wherein a central axis of the first axial portion and a central axis of the second axial portion are offset from one another such that rotation of the adjustment apparatus about the central axis of the first axial portion displaces the guide pulley about a pivot axis which is offset from the axis of rotation of the guide pulley (see fig. 5, col. 6 lines 34-56).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have replaced the guide pulley adjustment apparatus of Van Vooren for that of Baljozovic, as they are art recognized equivalent means of adjusting the tension of a belt via a pulley.
Regarding claim 5, Van Vooren, of the resultant combination, discloses a forage harvester (not shown, paragraph 0015) comprising a forage harvester frame (40) and a forage harvester cracker unit (not shown, paragraph 0016) including a cracker unit drive assembly of claim 1, wherein the guide pulley adjustment apparatus is mounted to the forage harvester frame.
Regarding claim 6, Baljozovic, of the resultant combination, discloses a method of adjusting the circumferential contact area of a drivebelt with the second cracker pulley in a forage harvester cracker unit drive assembly according to claim 1 comprising the steps of releasing the guide pulley adjustment apparatus, adjusting the angular position of the guide pulley with respect to the second cracker pulley and securing the guide pulley apparatus in position (col. 6 lines 34-56, fastener 130 allows the tensioning assembly to release the tensioner for angular adjustment before resecuring).
Response to Arguments
Applicant’s arguments have been considered but are moot because a new grounds of rejection is being applied utilizing a new interpretation of the prior art references in light of the claim amendments. Please see the above rejections for further details.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELINE RUNCO whose telephone number is (469)295-9123. The examiner can normally be reached 8-4:30 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MADELINE I RUNCO/ Examiner, Art Unit 3671