DETAILED ACTION
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
Claims 1, 3-4, and 10 are objected to because of the following informalities:
Claim 1 line 6 “fixedly attached said hitch frame” should be --fixedly attached to said hitch frame--.
Claim 3 line 4 “fixedly attached to hitch frame” should be --fixedly attached to said hitch frame--.
Claim 4 line 3 “attached to second end” should be --attached to said second end--.
Claim 10 line 1 “wherien” should be –wherein--.
Appropriate correction is required.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it is over 150 words in length and uses phrases which can be implied (i.e. “The present invention”). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is further objected to because of the following informalities:
The last sentence on page 11 “longitudinal axis 30” should be –longitudinal axis 31’— as reference character 30 is used to designate “disc gang 30” in the drawings.
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 1-10 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 1 lines 6-7 recite “said stabilizer bar fixedly attached said hitch frame such that said length laterally emanates from said rear of said hitch frame”. However, from Figures 2 and 3, it can be seen that the stabilizer bar 18 has a length 20 which emanates rearward 17’ in a longitudinal direction 31’ from a rear of the hitch frame 14. The Examiner believes Applicant intends to claim that stabilizer bars 18,18’ emanate from lateral ends of the rear of the hitch frame, not that they emanate laterally (i.e. in a lateral direction) from the rear of the hitch frame. The Examiner has therefore interpreted this portion of the claim as reciting –said stabilizer bar fixedly attached to said hitch frame such that said length emanates from a lateral end of said rear of said hitch frame-- for purposes of examination.
Claims 3 and 8, which similarly recite “said second stabilizer bar laterally emanates from said rear of said hitch frame” and “stabilizer bars fixedly attached to and laterally emanating from said rear of said hitch frame”, respectively, are rejected under the same rationale as claim 1 above.
By virtue of their dependence on claims 1 and 8, this basis of rejection also applies to dependent claims 2-7 and 9-10.
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Cook (US 2907394 A) in view of Domries (US 5628373 A).
Regarding claim 1, Cook discloses a self-adjusting implement platform for working ground, comprising:
a subframe (47) comprising:
a hitch frame (25) having a front (toward tractor side) and rear (toward implement side);
a three-point hitch (15,16) associated with said front of said hitch frame (Fig. 2);
a stabilizer bar (48) having a first end (forward end 49), a second end (rearward end 58), and a length, said first end of said stabilizer bar attached to said hitch frame such that said length emanates from a lateral end of said rear of said hitch frame (Fig. 1-2, arms 48 are attached to and extend rearwardly from hitch frame 25);
a main frame (65) having a first end (forward end 67) first and a second end (rearward end 69), said first end of said main frame pivotally connected (via pivot pins 68) to said hitch frame;
an implement (37) mounted to said main frame, so that said implement contacts the ground and is drawn via said main frame;
a first spring (77 + 80) situated between said second end of said stabilizer bar and said main frame (Fig. 2, col. 3 lines 65-72 spring assembly 77,80 has a lower end 78 connected to the rear end 69 of main frame 65 and an upper end 79 connected to the rear end 58 of the stabilizer bar 48), so as to facilitate downward bias on said main frame so as to facilitate downward pressure on said implement mounted to said main frame, urging said implement against the ground (col. 5 lines 5-15 during normal operation, springs push back against compressive forces caused from harrows moving along the ground);
said first spring further configured so as to provide a dampening effect as to pivotal movement of said main frame, as well as said implement mounted thereto, relative to said subframe, while limiting thrusting of said implement when encountering a variation on said ground during operation (col. 5 lines 5-27 spring assembly allows main frame 65 to pivot relative to subframe 47 while absorbing strikes from traversing uneven terrain to prevent undue shock or strain on the frame 65).
Cook teaches wherein the stabilizer bar is pivotally instead of fixedly attached to the hitch frame.
However, fixed stabilizer bars are old and well-known in the art of disc harrows. Domries discloses a similar disc harrow comprising stabilizer bars (24,34) fixedly attached to lateral ends of a hitch frame (45) via welding (Figs. 1-3, col. 17-19).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the resilient main frame suspension of Cook on a disc harrow having fixed stabilizer bars, such as that of Domries, to enable such an implement to conform to uneven terrain, obstacles, and soil conditions as well as to absorb shocks from sudden raising and lowering operations without imposing undue strain on the frames, as a mere simple application of a known technique on a similar device to yield predictable results.
Regarding claim 2, Cook in view of Domries discloses the implement platform of Claim 1, wherein said implement (37) comprises an offset rotary disc harrow (“offset disc harrow 37“, col. 2 lines 71) comprising first and second consecutive disc gangs (38,39) mounted to said main frame (65) (Fig. 2, col. 3 lines 51-57).
Regarding claim 3, Cook in view of Domries discloses the implement platform of Claim 2, wherein said stabilizer bar (48) comprises a first stabilizer bar, and wherein there is further provided a second stabilizer bar (col. 3 lines 20-21, pair of parallel stabilizer bars 48) having a first end (forward end 49), a second end (rearward end 58), and a length, said first end of said second stabilizer bar fixedly attached to said hitch frame (note combination of claim 1 for use on a disc harrow with fixed stabilizer bars) such that said length of said second stabilizer bar emanates from a second lateral end of said rear of said hitch frame (Fig. 2, arms 48 extend rearwardly from hitch frame 25), said second stabilizer bar situated in spaced, parallel alignment with said first stabilizer bar (Fig. 1, “a pair of laterally spaced, parallel draft arms 48”).
Regarding claim 4, Cook in view of Domries discloses the implement platform of Claim 3, wherein said first spring (77+ 80) has a first end (lower end 78) and a second end (upper end 79), said first end attached to said main frame (65), said second end attached to said second end (58) of said first stabilizer bar (48) (Fig. 2, col. 3 lines 65-72 spring assembly 77,80 has a lower end 78 connected to the rear end 69 of main frame 65 and an upper end 79 connected to the rear end 58 of stabilizer bars 48 of frame element 47).
Regarding claim 5, Cook in view of Domries discloses the implement platform of Claim 4, wherein there is further provided a second spring (Fig. 2, col. 3 lines 65-72 springs assembly 77,80 is a pair of laterally spaced spring assemblies), said second spring having first and second ends (78,79), said first end attached to said main frame (65), said second end attached to said second end (58) of said second stabilizer bar (48) (mirror image of first spring assembly mounting addressed in reg. claim 4),
said first and second springs configured to facilitate a dampening effect as to pivotal movement of said main frame (65) and implement (37) mounted thereto relative to said subframe (47), so as to limiting thrusting of said implement when encountering a variation on said ground (col. 5 lines 2-15 spring assemblies allows main frame 65 to pivot relative to subframe 47 while absorbing strikes from traversing uneven terrain to prevent undue shock or strain on the frame 65).
Regarding claim 6, Cook in view of Domries discloses the implement platform of Claim 5, wherein said first and second springs are adjustable (col. 3 line 74 – col. 4 line 1).
Regarding claim 7, Cook in view of Domries discloses the implement platform of Claim 6, wherein there is further provided an upper stop (81) and a lower stop (83) mounted to said mainframe (65), said upper and lower stops formed to selectively engage said stabilizer bars (48) so as to limit pivotal movement of said mainframe relative to said stabilizer bars, to a predefined range of movement (Fig. 5, col. 3 line 72 – col. 4 line 4 stops engage stabilizer bars above and below to limit sliding movement of rods thus defining upper and lower limits for pivoting of main frame 65).
Regarding independent claim 8, Cook discloses a method of working the ground, comprising the steps of:
a) providing an implement platform comprising a main frame (65) having a first end (forward end 67) and a second end (rearward end 69);
b) providing a subframe (47) comprising:
i) a hitch frame (25) having a front and rear;
ii) a three-point hitch (15,16) associated with said front of said hitch frame;
iii) first and second stabilizer bars (48) having first ends (forward ends 49) and second ends (rear ends 58), said first ends of said stabilizer bars fixedly attached to and emanating from respective lateral ends of said rear of said hitch frame (Fig. 1-2, arms 48 extend rearwardly from hitch frame 25);
c) pivotally connecting (via pivot pins 68) said first end of said main frame to said hitch frame;
d) mounting an implement (37) to said main frame, so that said implement contacts the ground so as to be drawn via said main frame;
e) mounting a spring (77 + 80) between each of said second ends of said stabilizer bars and said main frame (Fig. 2, col. 3 lines 65-72 spring assembly 77,80 has a lower end 78 connected to the rear end 69 of main frame 65 and an upper end 79 connected to the rear end 58 of the stabilizer bar 48), providing mounted springs, while adjusting the tension of said springs (col. 3 line 74 – col. 4 line 1 springs force is adjustable, note adjusting compressive force applied to spring adjusts its internal tension) to facilitate downward bias on said main frame as well as downward pressure on said implement mounted to said main frame during operation, and urge said implement against the ground (col. 5 lines 5-15 during normal operation, springs push back against compressive forces caused from harrows moving along the ground);
f) hitching a tractor (12) to said three point hitch and pulling said implement via pivotal connection (68) of said main frame to said hitch frame;
g) utilizing said springs to provide a dampening effect as to pivotal movement of said main frame and said implement relative to said subframe, while limiting thrusting of said implement when encountering a variation on said ground (col. 5 lines 5-27 spring assembly allows main frame 65 to pivot relative to subframe 47 while absorbing strikes from traversing uneven terrain to prevent undue shock or strain on the frame 65).
Cook teaches wherein the stabilizer bar is pivotally instead of fixedly attached to the hitch frame.
However, fixed stabilizer bars are old and well-known in the art of disc harrows. Domries discloses a similar disc harrow comprising stabilizer bars (24,34) fixedly attached to lateral ends of a hitch frame (45) via welding (Figs. 1-3, col. 17-19).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the resilient main frame suspension of Cook on a disc harrow having fixed stabilizer bars, such as that of Domries, to enable such an implement to conform to uneven terrain, obstacles, and soil conditions as well as to absorb shocks from sudden raising and lowering operations without imposing undue strain on the frames, as a mere simple application of a known technique on a similar device to yield predictable results.
Regarding claim 9, Cook in view of Domries discloses the method of Claim 8, wherein in step "d" said implement (37) comprises an offset rotary disc harrow (“offset disc harrow 37“, col. 2 lines 71) comprising first and second consecutive disc gangs (38,39), and
in step "g" there is provided the sub-step "i." utilizing said springs to provide downward pressure on said first and second disc gangs to enhance tilling of the ground (col. 3 lines 65-72 and col. 5 lines 5-15 force of springs 80 is adjustable to urge the harrow against the ground/into its normal operating position).
Regarding claim 10, Cook in view of Domries discloses the method of claim 9, wherein in step "e" there is further provided the step of providing upper and lower stops (81,83) to said mainframe at a predefined space from said stabilizer bars (Fig. 5), and
in step "g" utilizing said stops to limit pivotal movement of said mainframe relative to said stabilizer bars to a predefined range of movement (Fig. 5, col. 3 line 72 – col. 4 line 4 stops engage stabilizer bars above and below to limit sliding movement of rods thus defining upper and lower limits for pivoting of main frame 65).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Newman (US 7578356 B2) discloses a disc frame vibration dampening system. Sylvester (US 4191262 A) discloses a downwardly biased disc harrow. Frager et al. (US 3918529 A) discloses a sectional disc harrow. Heckathorn (US 3080931 A) discloses a spring-biased harrow. Richardson (US 2985248 A) discloses a gang harrow. Smith (US 2908336 A) discloses an offset harrow. Cruse (US 2336848 A) discloses a disc frame. Dwyer (US 1712815 A) discloses a disk harrow.
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
/ADAM J BEHRENS/Primary Examiner, Art Unit 3671