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 20 is objected to because of the following informalities:
Claim 20 should depend from claim 19.
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 3-11, 13-15 and 19-20 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.
Claims 3 and 6: “the front section” lacks antecedent basis.
Claim 10: “the rear edge of the guide construction” lacks antecedent basis.
Claim 11: “the rotor” lacks antecedent basis.
Claim 13: “the rear edge of the guide construction” lacks antecedent basis.
Claim 14: “the rear end of the components” and “the components of the guide construction” lack antecedent basis.
Claim 19: “the guide wall” lacks antecedent basis.
Depending claims are rejected for depending from a rejected base claim.
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.
Claim(s) 1-2,10-16 and 18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Berry (US 2022/0287236).
Regarding claim 1, Berry discloses a combine harvester comprising: a separation system for separating from harvested crop a first material at a first discharge location comprising straw and a second material comprising chaff and weed seeds at a second discharge location (¶0086); a first material discharge section (between rotor 12 and the end of the combine) at the first discharge location arranged to move the separated first material rearward for discharge along a straw discharge path (straw path 20), the first material discharge section including a rotary body (22) and a guide surface (housing of rotor) cooperating with the rotary body; the separation system including at least one sieve (18) arranged at a height below the first material discharge section, the sieve having openings thereon allowing passage of separation air to separate chaff and weed seeds from grain (¶0089) and the sieve having a rear edge (end 32) over which the chaff and weed seeds are discharged; a weed seed destructor (30) section for receiving the second material comprising chaff and weed seeds, the weed seed destructor section including components therein for devitalizing at least some weed seeds in the second material; and a guide construction (separation mechanism 42, e.g. Figure 7 element 48A) for guiding the first material comprising straw from the discharge section in the straw discharge path while maintaining separation of the first material from the second material and thus acting to reduce passage of the first material to the weed seed destructor section; the guide construction (48A) dividing a surface over which the first material passes; the guide construction having openings therethrough for passage of the separation air from the sieve into the straw discharge path (¶0117); the guide construction being arranged to allow the first material to be released from a rear end thereof (end of guide in contact with element 34) to continue along the straw discharge path.
Regarding claim 2, Berry discloses wherein the guide construction comprises at least one flexible element which flexes during operation to assist in flow of the first material thereover and release of the first material from the rear end thereof (¶0116 discloses a flexible element).
Regarding claim 10, Berry discloses wherein the rear edge of the guide construction terminates adjacent an impervious divider (34) panel separating the straw discharge path from the weed seed destructor section.
Regarding claim 11, Berry discloses wherein the rotor comprises a beater or internal chopper (22) and the guide surface is curved to as to partly wrap around the beater or chopper (Seen in figure 7).
Regarding claim 12, Berry discloses wherein the rotor is arranged to form the first material into a stream and the guide surface extends to a rear edge from which the stream is released (Figure 7 shows a discharge).
Regarding claim 13, Berry discloses wherein the guide construction (48A) is inclined downwardly and rearwardly from the rear edge of the guide surface to allow flow of the first material rearwardly from the rear edge over an entrance of the weed seed destructor section (Figure 7 shows that the guide passes over the destructor 30).
Regarding claim 14, Berry discloses wherein the guide construction is flexible to provide flexing or whipping or bending movements of the rear end of the components of the guide construction to assist in release of the first material from the rear end thereof (¶0116 discloses the use of a flexible material which would bend during vibration to assist in release of material at its end).
Regarding claim 15, Berry discloses wherein the components of the guide construction are flexible allowing a whipping action, up and down as well as side to side to quickly move any lodged straw that could build up in wet conditions (¶0116 discloses the use of a flexible material which would bend during vibration up and down and side to side).
Regarding claim 16, Berry discloses wherein there is provided a straw spreading section arranged to receive the first material from the first material discharge section and to spread the first material at least to the sides of the combine harvester (¶0102).
Regarding claim 18, Berry discloses wherein the guide construction is mounted for reciprocating movement of a rear end thereof (¶0116 discloses a shaking rubber floor which would include the rear end).
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) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berry (US 2022/0287236).
Regarding claim 17, Berry discloses wherein the straw spreading section includes a rotating straw chopper (22).
Berry is lacking cooperating with stationary cutting blades.
Examiner takes official notice that it is old and well known to use stationary blades in combination with a rotating chopper to process straw discharged from a combine harvester. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have used stationary blades with the chopper of Berry for the purpose of finer and/or complete chopping of the straw.
Claim(s) 1-13 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over BISO (DE 8228080U1) in view of Berry (US 2022/0287236).
Regarding claim 1, BISO discloses a combine harvester (Figure 1) comprising: a separation system for separating from harvested crop a first material (straw 16) at a first discharge location (from rotor 15) comprising straw and a second material comprising chaff and weed seeds (13) at a second discharge location (sieve 12); a first material discharge section at the first discharge location arranged to move the separated first material rearward for discharge along a straw discharge path, the first material discharge section including a rotary body (chopper 27) and a guide surface (chopper housing) cooperating with the rotary body; the separation system including at least one sieve (12) arranged at a height below the first material discharge section, the sieve having openings thereon allowing passage of separation air to separate chaff and weed seeds from grain (sieves comprise holes to allow for separation of grain. The holes are capable of allowing separation air through them) and the sieve having a rear edge over which the chaff and weed seeds are discharged (end of sieve); and a guide construction (figure 6) for guiding the first material comprising straw from the discharge section in the straw discharge path while maintaining separation of the first material from the second material and thus acting to reduce passage of the first material to the weed seed destructor section; the guide construction dividing a surface over which the first material passes (the straw passes over the guide to the chopper); the guide construction having openings therethrough (space between the pipes) for passage of the separation air from the sieve into the straw discharge path (air is capable of flowing upwardly through the guide); the guide construction being arranged to allow the first material to be released from a rear end thereof to continue along the straw discharge path (Figure 1).
BISO deposits the chaff and weed seeds on the ground and is lacking the use of a destructor.
Berry discloses a combine that separates chaff from straw and teaches the use of a weed seed destructor section for receiving the chaff and weed seeds, the weed seed destructor section including components therein for devitalizing at least some weed seeds in the second material (30, figure 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify BISO to add a weed seed destructor unit to the end of the sieve as taught by Berry for the purpose of destroying weed seeds in the chaff.
It is noted that BISO does not disclose an air system as is known in the art to cooperate with the separation system of the combine. However, the claim does not positively recite the components of an air system on the combine to create separation air, therefore the claim language regarding separation air is considered functional limitations that the system of BISO is capable of handling. However, upon amendment to overcome this portion of the rejection, an air system as is old and well known in the art would be added to the combination.
Regarding claim 2, BISO further discloses wherein the guide construction comprises at least one flexible element which flexes during operation to assist in flow of the first material thereover and release of the first material from the rear end thereof (Figure 4 shows the use optional use of flexible belts).
Regarding claim 3, BISO further discloses wherein the guide construction comprises a plurality of fingers (17) extending rearwardly from a front section (18) and transversely spaced apart to allow passage of the separation air therebetween (the pipes are spaced to allow grain to fall through, air is capable of passing as well).
Regarding claim 4, BISO further discloses wherein the fingers are round in cross section (pipes 17, figure 6).
Regarding claim 5, BISO further discloses wherein the fingers are spaced wider apart than the width of the fingers so as to create little restriction to air flow to avoid change in the sieve cleaning efficiency (Figure 6 shows the ends of the pipes 17a are spaced greater than their diameter).
Regarding claim 6, BISO further discloses wherein the guide construction comprises an array of elements (17) cantilevered rearwardly from a support (18) at or on the front section such that the first material sheds rearwardly freely from the cantilevered elements.
Regarding claim 7, BISO further discloses wherein the elements are unsupported and unconnected at a rear end thereof so as not to impede free flow of the first material from the rear end (Figure 6).
Regarding claim 8, BISO further discloses wherein the elements do not allow any hair-pinning of material as the rear end of the elements and are unobstructed to promote the first material to slide off without restriction (As the claimed structure has been met the functional limitations are also deemed to be met).
Regarding claim 9, BISO further discloses wherein the array of elements spans across a full width of the straw discharge passage (Figure 1).
Regarding claim 10, BISO further discloses wherein the rear edge of the guide construction terminates adjacent an impervious divider panel (chopper housing back wall) separating the straw discharge path from the weed seed destructor section.
Regarding claim 11, BISO further discloses wherein the rotor comprises a beater or internal chopper (27) and the guide surface (housing) is curved to as to partly wrap around the beater or chopper (Figure 1).
Regarding claim 12, BISO further discloses wherein the rotor is arranged to form the first material into a stream and the guide surface extends to a rear edge from which the stream is released (exit at the base of the chopper).
Regarding claim 13, the combination discloses wherein the guide construction is inclined downwardly and rearwardly from the rear edge of the guide surface to allow flow of the first material rearwardly from the rear edge over an entrance of the weed seed destructor section (BISO Figure 1 shows a ramp downwardly. The destructor unit in the combination would be considered under the guide to catch chaff and weed seeds).
Regarding claim 16, the combination discloses wherein there is provided a straw spreading section (BISO 27) arranged to receive the first material from the first material discharge section and to spread the first material at least to the sides of the combine harvester (Berry ¶0108 teaches the known use of a spreader, it would be obvious for the combination to further include a spreader).
Regarding claim 17, BISO further discloses wherein the straw spreading section includes a rotating straw chopper cooperating with stationary cutting blades (Figure 1 shows stationary cutting blades within the chopper housing).
Regarding claim 18, BISO further discloses wherein the guide construction is mounted for reciprocating movement of a rear end thereof (About pivot 20).
Regarding claim 19, BISO further discloses wherein the guide construction is mounted at a front support (19) which is pivotal about a transverse axis (20) for upward and downward reciprocating movement of a rear end of the guide wall.
Regarding claim 20, BISO further discloses wherein the upward and downward reciprocating movement of the rear end thereof is driven by a link (21) from a reciprocating movement of a component (23) of the combine harvester.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mayerle (US 2016/0044869).
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, Joseph M. Rocca can be reached at (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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/ADAM J BEHRENS/ Primary Examiner, Art Unit 3671