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 .
Status of Claims
Claims 1-20 of U.S. Application No. 18/397215 filed on 12/27/2023 have been examined.
Office Action is in response to the Applicant's amendments and remarks filed03/18/2026. Claims 1-20 are presently pending and are presented for examination.
Response to Arguments
In regards to the previous rejection under 35 U.S.C. § 102: Applicant's arguments filed 03/18/2026 have been fully considered but they are not persuasive. Applicant argues that the prior art does not disclose the limitation “a second transmission operatively connected between the crop cutter and the auger and defining a second power flow path to drive the auger by operative motion of the crop cutter.” Applicant further argues on page. 2 of the remarks, “Notably, Schroeder does not state or imply that the actuator 218 is operatively connected in any way to the row units 128 and choppers, or even to the drive arrangement (e.g., transmissions 234A and 234B and cross shaft 236) that operates the row units 128 and choppers. Instead, Figure 6 shows the actuator 218 as a completely independent arrangement to rotate the conveyor 223 via drive sprockets and a chain (not shown), without showing any drive connection to other parts of the system. Similarly, Figure 2 also does not show any operative connection between the actuator 218 and the row units 128 and choppers. Accordingly, Schroeder does not teach or suggest any operative connection between the actuator 218 and the row units 128 and choppers.”. Examiner respectfully disagrees. Applicant is reminded claims must be given their broadest reasonable interpretation. As recited in the previous action, Schroeder is utilized to describe the idea of an agricultural machine that comprises a crop cutter, an auger and two separate transmissions connected to drive the crop cutter and auger. Schroeder further describes an actuator 218 that is in the form of a hydraulic or electric motor that drive the conveyors 223A & 223B of the auger. Further in Figure. 2, it shows a first and second transmission are coupled to the sections 223A & 223B through couplers “219 & 238” to the shaft 236 and can be driven by the drive unit 230 which is made up both the transmission and the hydraulic unit (see at least Schroeder, para. [0030-0034]). In view of the arguments above the 102 rejection is maintained.
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, 4-5, & 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0045709A1 (“Schroeder”).
As per claim 1 Schroeder discloses
An agricultural machine comprising (see at least Schroeder, para. [0026]: conventional agricultural vehicle 100 in the form of a combine harvester…):
a header frame (see at least Schroeder, para. [0026]: includes a chassis 102, a feeder house 104, and a known corn header 120 carried by the chassis 102.);
a crop cutter mounted to the frame (see at least Schroeder, para. [0026]: Each row unit 128 may include gathering chains and/or stalk rolls that are driven by respective gearboxes coupled to a single rotating cross shaft. The corn header 120 may also include choppers located underneath the stalk rolls of each row unit 128 that are driven by an additional rotating cross shaft. The cross shafts may in turn be driven by the PTO of the agricultural vehicle 100 via respective drivelines that extend to the lateral ends of the corn header 120.);
a first transmission operatively connected to the crop cutter and defining a first power flow path to drive the crop cutter by operative motion of a first transmission input (see at least Schroeder, para. [0026]: Each row unit 128 may include gathering chains and/or stalk rolls that are driven by respective gearboxes coupled to a single rotating cross shaft. The corn header 120 may also include choppers located underneath the stalk rolls of each row unit 128 that are driven by an additional rotating cross shaft. The cross shafts may in turn be driven by the PTO of the agricultural vehicle 100 via respective drivelines that extend to the lateral ends of the corn header 120. & para. [0032]: The drive assembly 230 includes first and second drive lines 232A, 232B, first and second transmissions234A, 234B respectively coupled to the first and second drive lines 232A, 232B, and a rotating cross shaft 236. The transmissions 234A, 234B may be in the form of gearboxes, continuously variable transmissions, chain cases, or any combination thereof. The connections between the transmissions234A, 234B and the respective drive lines 232A, 232B may be in the form of universal joints or the like.);
an auger rotatably mounted to the frame to rotate relative to the frame about a rotation axis (see at least Schroeder, para. [0028]: The folding header 200 is shown to be in the form of a folding corn header and the sections 210, 220A, 220B may each respectively include snouts 211,221A, 221B, row units 212, 222A, 222B, and/or a conveyor 213, 223A, 223B, e.g. an auger.); and
a second transmission operatively connected between the crop cutter and the auger and defining a second power flow path to drive the auger by operative motion of the crop cutter (see at least Schroeder, para. [0030]: The center conveyor 213, which may be in the form of an auger, may be driven by one or more actuators 218. The actuator(s) 218 may be in the form of a hydraulic or electric motor which is mounted to the center section 210 such that the center conveyor 213 drives the conveyors 223A, 223B of the additional sections 220A, 220B. For example, as shown in detail in FIG. 6, the center section 210 may include a single actuator 218 in the form of a drive sprocket 218 with an accompanying chain to rotate a gearwheel operably coupled to the center conveyor 213 in order to drive the center conveyor 213 (the chain and chain guard are not shown).).
As per claim 4 Schroeder discloses
wherein the first transmission comprises one or more of: a mechanical transmission and a hydraulic transmission (see at least Schroeder, para. [0032]: The drive assembly 230 includes first and second drive lines 232A, 232B, first and second transmissions234A, 234B respectively coupled to the first and second drive lines 232A, 232B, and a rotating cross shaft 236. The transmissions 234A, 234B may be in the form of gearboxes, continuously variable transmissions, chain cases, or any combination thereof. The connections between the transmissions234A, 234B and the respective drive lines 232A, 232B may be in the form of universal joints or the like.).
As per claim 5 Schroeder discloses
wherein the second transmission comprises one or more of: a mechanical transmission and a hydraulic transmission (see at least Schroeder, para. [0030]: The center conveyor 213, which may be in the form of an auger, may be driven by one or more actuators 218. The actuator(s) 218 may be in the form of a hydraulic or electric motor which is mounted to the center section 210 such that the center conveyor 213 drives the conveyors 223A,223B of the additional sections 220A, 220B. For example, as shown in detail in FIG. 6, the center section 210 may include a single actuator 218 in the form of a drive sprocket 218 with an accompanying chain to rotate a gearwheel operably coupled to the center conveyor 213 in order to drive the center conveyor 213 (the chain and chain guard are not shown).).
As per claim 13 Schroeder discloses
further comprising a tractor having a chassis, wheels supporting the chassis to move on a ground surface in a forward drive direction, and a main power unit mounted on the chassis (see at least Schroeder, para. [0027]: The agricultural vehicle 100 may be in the form of a combine harvester which generally includes a chassis that supports the folding header 200, a PTO, and additional internal systems for the separation and handling of collected crop material.), and wherein:
the frame is mounted to the chassis (see at least Schroeder, para. [0026]: a conventional agricultural vehicle 100 in the form of a combine harvester which generally includes a chassis 102, a feeder house 104, and a known corn header 120 carried by the chassis 102.); and
the main power unit is operatively connected to drive the first transmission input (see at least Schroeder, para. [0032]: There is shown the drive assembly 230 in more detail. The drive assembly 230 is operably coupled to the PTO of the agricultural vehicle 100. The drive assembly 230 includes first and second drive lines 232A, 232B, first and second transmissions234A, 234B respectively coupled to the first and second drive lines 232A, 232B, and a rotating cross shaft 236.).
As per claim 14 Schroeder discloses
wherein the header is mounted to the chassis at a forward end of the chassis with respect to the forward drive direction (see at least Schroeder, para. [0026]: The corn header 120 may also include choppers located underneath the stalk rolls of each row unit 128 that are driven by an additional rotating cross shaft. The cross shafts may in turn be driven by the PTO of the agricultural vehicle 100 via respective drivelines that extend to the lateral ends of the corn header 120. As the agricultural vehicle 100 traverses a field in a forward direction, denoted by arrow “F”, the corn stalks are cut from the field and the ears of corn are stripped from the stalks by the motion of the gathering chains and stalk rolls.).
As per claim 15 Schroeder discloses
wherein the first transmission comprises an entirely mechanical transmission (see at least Schroeder, para. [0032]: The drive assembly 230 includes first and second drive lines 232A, 232B, first and second transmissions234A, 234B respectively coupled to the first and second drive lines 232A, 232B, and a rotating cross shaft 236. The transmissions 234A, 234B may be in the form of gearboxes, continuously variable transmissions, chain cases, or any combination thereof. The connections between the transmissions234A, 234B and the respective drive lines 232A, 232B may be in the form of universal joints or the like.), and
the second transmission comprises a hydraulic transmission component and a mechanical transmission component (see at least Schroeder, para. [0030]: The center conveyor 213, which may be in the form of an auger, may be driven by one or more actuators 218. The actuator(s) 218 may be in the form of a hydraulic or electric motor which is mounted to the center section 210 such that the center conveyor 213 drives the conveyors 223A,223B of the additional sections 220A, 220B. For example, as shown in detail in FIG. 6, the center section 210 may include a single actuator 218 in the form of a drive sprocket 218 with an accompanying chain to rotate a gearwheel operably coupled to the center conveyor 213 in order to drive the center conveyor 213 (the chain and chain guard are not shown).).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schroeder, in view of US 2012/0031064A1 (“Barnett”).
As per claim 2 Schroeder does not explicitly disclose
wherein the crop cutter comprises a disc cutter.
Barnett teaches
wherein the crop cutter comprises a disc cutter (see at least Barnett, para. [0022]: the first gear case including a first gear train formed by a series of intermeshing gears arranged to drive the cutter disks of the first section).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schroeder to incorporate the teaching of wherein the crop cutter comprises a disc cutter, with a reasonable expectation of success, in order to provide an opportunity to have a single, unobstructed, centered delivery of crop through the header to a centered condition assembly (see at least Barnett, para. [0070]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schroeder, in view of US 2021/0289696A1 (“Todderud”).
As per claim 3 Schroeder does not explicitly disclose
wherein the crop cutter comprises a sickle bar cutter.
Todderud teaches
wherein the crop cutter comprises a sickle bar cutter (see at least Todderud, para. [0023]: The header 100 may support one or more flexible cutter bars 110 with reciprocating knives 111 to cut crop material as the agricultural vehicle 10 travels in a forward direction, denoted by arrow F. The reciprocating knives 111, which may be referred to as cutting elements, can be reciprocated back-and-forth in a lateral direction…).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schroeder to incorporate the teaching of wherein the crop cutter comprises a sickle bar cutter, with a reasonable expectation of success, in order to reduce the likelihood of stalling of the drives (see at least Todderud, para. [0007]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schroeder, in view of US 2025/0072331A1 (“PS”).
As per claim 6 Schroeder does not explicitly disclose
wherein the first transmission has an input-to-output drive ratio of between 1:2 and 1 :2.4.
PS teaches
wherein the first transmission has an input-to-output drive ratio of between 1:2 and 1 :2.4 (see at least PS, para. [0040]: Alternatively, the first gear ratio and the second gear ratio may be expressed as the number of revolutions of the output shaft 74 per number of revolutions of the input shaft 72, e.g., a gear ratio of one to two (1:2) expresses one revolution of the output shaft 74 per each two revolutions of the input shaft 72.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schroeder to incorporate the teaching of wherein the first transmission has an input-to-output drive ratio of between 1:2 and 1 :2.4, with a reasonable expectation of success, in order to enable a size of an engine of the associated traction unit to be optimized for power/fuel efficiency during normal baling operations, without having to oversize the engine for the high torque associated with the initial startup of the baler implement (see at least PS, para. [0014]).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schroeder, in view of US 2023/0136518A1 (“Jadhav”).
As per claim 7 Schroeder does not explicitly disclose
wherein the second transmission has a variable input-to-output ratio.
Jadhav teaches
wherein the second transmission has a variable input-to-output ratio (see at least Jadhav, para. [0080]: An engine 244 (e.g., internal combustion engine) of the combine 2 is drivingly coupled to the variable speed drive 242, such as via a belt and pulley arrangement, with the engine 244 driving an input shaft of the variable speed drive 242. Input power provided by the engine 244 is transformed into an output power, such as via gearing, that drives the output shaft 245 of the variable speed drive 242. The output power is provided to one or more belt and pulley arrangements (generally indicated at246) connected to the variable speed drive 242 and to the feeder house belt conveyor 62. In some instances, the variable speed drive 242 transfers rotational power to the auger 6, such as an elongate cylinder of the auger 6, and feeder house belt conveyor 62, such as a drive roller 66 of the feeder house belt conveyor 62. The output shaft 245 of the variable speed drive 242 can be selectively engaged, disengaged, driven in a first direction of rotation, driven in a second direction of rotation opposite the first direction of rotation, and driven at a plurality of speeds in both directions, and this operation is controlled by signals received from the ECU 240.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schroeder to incorporate the teaching of wherein the second transmission has a variable input-to-output ratio, with a reasonable expectation of success, in order for crop clogging could be quickly and efficiently addressed without affecting normal operation of the header during harvesting (see at least Jadhav, para. [0100]).
As per claim 8 Schroeder does not explicitly disclose
wherein the second transmission comprises a variable-speed hydraulic drive
Jadhav teaches
wherein the second transmission comprises a variable-speed hydraulic drive (see at least Jadhav, para. [0080]: An engine 244 (e.g., internal combustion engine) of the combine 2 is drivingly coupled to the variable speed drive 242, such as via a belt and pulley arrangement, with the engine 244 driving an input shaft of the variable speed drive 242. Input power provided by the engine 244 is transformed into an output power, such as via gearing, that drives the output shaft 245 of the variable speed drive 242. The output power is provided to one or more belt and pulley arrangements (generally indicated at246) connected to the variable speed drive 242 and to the feeder house belt conveyor 62. In some instances, the variable speed drive 242 transfers rotational power to the auger 6, such as an elongate cylinder of the auger 6, and feeder house belt conveyor 62, such as a drive roller 66 of the feeder house belt conveyor 62. The output shaft 245 of the variable speed drive 242 can be selectively engaged, disengaged, driven in a first direction of rotation, driven in a second direction of rotation opposite the first direction of rotation, and driven at a plurality of speeds in both directions, and this operation is controlled by signals received from the ECU 240.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schroeder to incorporate the teaching of wherein the second transmission comprises a variable-speed hydraulic drive, with a reasonable expectation of success, in order for crop clogging could be quickly and efficiently addressed without affecting normal operation of the header during harvesting (see at least Jadhav, para. [0100]).
Claim(s) 9-10, 16-17, & 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schroeder, in view of US 2018/0213721A1 (“Schmoening”).
As per claim 9 Schroeder discloses
wherein: the first transmission comprises a mechanical gearbox including the first transmission input and a first transmission output mechanically connected to the crop cutter at a first location (see at least Schroeder, para. [0032]: The drive assembly 230 includes first and second drive lines 232A, 232B, first and second transmissions234A, 234B respectively coupled to the first and second drive lines 232A, 232B, and a rotating cross shaft 236. The transmissions 234A, 234B may be in the form of gearboxes, continuously variable transmissions, chain cases, or any combination thereof. The connections between the transmissions234A, 234B and the respective drive lines 232A, 232B may be in the form of universal joints or the like.); and
the second transmission comprises a hydraulic motor having a second transmission input mechanically connected to the crop cutter (see at least Schroeder, para. [0030]: The center conveyor 213, which may be in the form of an auger, may be driven by one or more actuators 218. The actuator(s) 218 may be in the form of a hydraulic or electric motor which is mounted to the center section 210 such that the center conveyor 213 drives the conveyors 223A,223B of the additional sections 220A, 220B. For example, as shown in detail in FIG. 6, the center section 210 may include a single actuator 218 in the form of a drive sprocket 218 with an accompanying chain to rotate a gearwheel operably coupled to the center conveyor 213 in order to drive the center conveyor 213 (the chain and chain guard are not shown).).
However Schroeder does not explicitly disclose
the second transmission comprises a hydraulic pump having a second transmission input mechanically connected to the crop cutter at a second location, a hydraulic motor having a second transmission output mechanically connected to the auger, and a hydraulic power flow path interconnecting the hydraulic pump and the hydraulic motor.
Schmoening teaches
the second transmission comprises a hydraulic pump having a second transmission input mechanically connected to the crop cutter at a second location (see at least Schmoening, para. [0030]: The tine rotor 84 is driven via a hydrostatic transmission having a second hydraulic pump 130and a second hydraulic motor 132 that is arranged on board the harvesting header 20. The driveshaft of the second hydraulic pump 130 is coupled to the transverse auger 74. The output shaft 138 of the second hydraulic motor 132 is coupled to the tine rotor 84.),
a hydraulic motor having a second transmission output mechanically connected to the auger, and a hydraulic power flow path interconnecting the hydraulic pump and the hydraulic motor (see at least Schmoening, para. [0030]: Differently from that which is shown graphically in FIG. 2, the second hydraulic pump 130 or the second hydraulic motor 132 could also be arranged inside the empty interior of the transverse auger 74 or the tine rotor 84.The second hydraulic pump 130 is connected to the second hydraulic motor 132 in a closed circuit. The displacement volume of the second hydraulic pump 130 is adjustable by means of an actuator, which can be connected to the control unit 70 via an additional line (not shown) guided through the mountings 100 and 102 and separable there.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schroeder to incorporate the teaching of the second transmission comprises a hydraulic pump having a second transmission input mechanically connected to the crop cutter at a second location, a hydraulic motor having a second transmission output mechanically connected to the auger, and a hydraulic power flow path interconnecting the hydraulic pump and the hydraulic motor, with a reasonable expectation of success, in order for the transmittable drive power can be greater in a closed hydraulic circuit (see at least Schmoening, para. [0006]).
As per claim 10 Schroeder discloses
wherein the second transmission output is mechanically connected to the auger by one or more drive belts or drive chains (see at least Schroeder, para. [0030]: The center conveyor 213, which may be in the form of an auger, may be driven by one or more actuators 218. The actuator(s) 218 may be in the form of a hydraulic or electric motor which is mounted to the center section 210 such that the center conveyor 213 drives the conveyors 223A,223B of the additional sections 220A, 220B. For example, as shown in detail in FIG. 6, the center section 210 may include a single actuator 218 in the form of a drive sprocket 218 with an accompanying chain to rotate a gearwheel operably coupled to the center conveyor 213 in order to drive the center conveyor 213 (the chain and chain guard are not shown).).
As per claim 16 Schroeder discloses
A method of operating an agricultural machine having a crop cutter and an auger (see at least Schroeder, para. [0026]: conventional agricultural vehicle 100 in the form of a combine harvester…), the method comprising:
driving the crop cutter via a first transmission connected to the crop cutter at a first location to operate the crop cutter at a first rotating speed (see at least Schroeder, para. [0026]: Each row unit 128 may include gathering chains and/or stalk rolls that are driven by respective gearboxes coupled to a single rotating cross shaft. The corn header 120 may also include choppers located underneath the stalk rolls of each row unit 128 that are driven by an additional rotating cross shaft. The cross shafts may in turn be driven by the PTO of the agricultural vehicle 100 via respective drivelines that extend to the lateral ends of the corn header 120. & para. [0032]: The drive assembly 230 includes first and second drive lines 232A, 232B, first and second transmissions234A, 234B respectively coupled to the first and second drive lines 232A, 232B, and a rotating cross shaft 236. The transmissions 234A, 234B may be in the form of gearboxes, continuously variable transmissions, chain cases, or any combination thereof. The connections between the transmissions234A, 234B and the respective drive lines 232A, 232B may be in the form of universal joints or the like.); and
driving the auger via a second transmission connected to the crop cutter at a second location to operate the crop cutter (see at least Schroeder, para. [0030]: The center conveyor 213, which may be in the form of an auger, may be driven by one or more actuators 218. The actuator(s) 218 may be in the form of a hydraulic or electric motor which is mounted to the center section 210 such that the center conveyor 213 drives the conveyors 223A,223B of the additional sections 220A, 220B. For example, as shown in detail in FIG. 6, the center section 210 may include a single actuator 218 in the form of a drive sprocket 218 with an accompanying chain to rotate a gearwheel operably coupled to the center conveyor 213 in order to drive the center conveyor 213 (the chain and chain guard are not shown).).
However Schroeder does not explicitly disclose
operate the crop cutter at a first rotating speed; and
operate the crop cutter at a second rotating speed.
Schmoening teaches
driving the crop cutter via a first transmission connected to the crop cutter at a first location to operate the crop cutter at a first rotating speed (see at least Schmoening, para. [0033]: The actuator 76 is triggered by the control unit 70 in such a manner that a desired intake speed of the harvesting header 20 results, which can be input by the operator input unit 98 or automatically by the controller based on measurement values of sensors that detect the properties of the crop, such as moisture or compressibility, or by data stored in the memory unit 90. The actuator 134 is analogously triggered by the control unit 70 such that the tine rotor 84 is driven at any desired speed.); and
driving the auger via a second transmission connected to the crop cutter at a second location to operate the crop cutter at a second rotating speed (see at least Schmoening, para. [0029]: The hydraulic motor 68 is used for driving the transverse auger 74. The hydraulic motor 68 can be designed as a radial piston motor. Such radial piston motors allow rotational speeds that are suitable for driving the transverse auger 74 without interposition of a transmission gearbox. The output shaft 126 of the hydraulic motor 68 is therefore directly connected via a flange 128 to the interior wall of the empty interior of the transverse auger 74. The hydraulic motor 68 is arranged in the illustrated embodiment inside the empty interior of the transverse auger 74, but could also be mounted outside the empty interior. It would therefore also be conceivable to drive the transverse auger 74 by means of an axial piston motor and, if necessary, to provide a gearbox for changing the speed (more particularly stepping it down) between the axial piston motor and the transverse auger 74.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schroeder to incorporate the teaching of operate the crop cutter at a first rotating speed; and operate the crop cutter at a second rotating speed, with a reasonable expectation of success, in order for the transmittable drive power can be greater in a closed hydraulic circuit (see at least Schmoening, para. [0006]).
As per claim 17 Schroeder does not explicitly disclose
wherein the second rotating speed is variable
Schmoening teaches
wherein the second rotating speed is variable (see at least Schmoening, para. [0029]: The hydraulic motor 68 is used for driving the transverse auger 74. The hydraulic motor 68 can be designed as a radial piston motor. Such radial piston motors allow rotational speeds that are suitable for driving the transverse auger 74 without interposition of a transmission gearbox. The output shaft 126 of the hydraulic motor 68 is therefore directly connected via a flange 128 to the interior wall of the empty interior of the transverse auger 74. The hydraulic motor 68 is arranged in the illustrated embodiment inside the empty interior of the transverse auger 74, but could also be mounted outside the empty interior. It would therefore also be conceivable to drive the transverse auger 74 by means of an axial piston motor and, if necessary, to provide a gearbox for changing the speed (more particularly stepping it down) between the axial piston motor and the transverse auger 74.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schroeder to incorporate the teaching of wherein the second rotating speed is variable, with a reasonable expectation of success, in order for the transmittable drive power can be greater in a closed hydraulic circuit (see at least Schmoening, para. [0006]).
As per claim 19 Schroeder discloses
wherein the first transmission comprises an entirely mechanical transmission (see at least Schroeder, para. [0032]: The drive assembly 230 includes first and second drive lines 232A, 232B, first and second transmissions 234A, 234B respectively coupled to the first and second drive lines 232A, 232B, and a rotating cross shaft 236. The transmissions 234A, 234B may be in the form of gearboxes, continuously variable transmissions, chain cases, or any combination thereof. The connections between the transmissions234A, 234B and the respective drive lines 232A, 232B may be in the form of universal joints or the like.)
As per claim 20 Schroeder discloses
wherein the second transmission comprises a hydraulic transmission component and a mechanical transmission component (see at least Schroeder, para. [0030]: The center conveyor 213, which may be in the form of an auger, may be driven by one or more actuators 218. The actuator(s) 218 may be in the form of a hydraulic or electric motor which is mounted to the center section 210 such that the center conveyor 213 drives the conveyors 223A,223B of the additional sections 220A, 220B. For example, as shown in detail in FIG. 6, the center section 210 may include a single actuator 218 in the form of a drive sprocket 218 with an accompanying chain to rotate a gearwheel operably coupled to the center conveyor 213 in order to drive the center conveyor 213 (the chain and chain guard are not shown).).
Claim(s) 11-12, & 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schroeder, in view of Schmoening, in view of Barnett.
As per claim 11 Schroeder does not explicitly disclose
wherein: the crop cutter comprises a disc cutter comprising a plurality of cutting discs configured to rotate about respective rotation axes;
the first transmission output is mechanically connected to a first one of the plurality of cutting discs; and
the second transmission input is mechanically connected to a second one of the plurality of cutting discs.
Barnett teaches
wherein: the crop cutter comprises a disc cutter comprising a plurality of cutting discs configured to rotate about respective rotation axes (see at least Barnett, para. [0043]: a plurality of generally horizontal cutter disks mounted on the cutter bar at positions spaced transversely of the header with the disks being mounted on the cutter bar for driven rotation about respective generally upright axes spaced along the cutter bar;);
the first transmission output is mechanically connected to a first one of the plurality of cutting discs (see at least Barnett, para. [0046]: the first gear case including a first drive train arranged to drive the cutter disks of the first section;); and
the second transmission input is mechanically connected to a second one of the plurality of cutting discs (see at least Barnett, para. [0047]: the second gear case including a second drive train arranged to drive the cutter disks of the second section;).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schroeder to incorporate the teaching of wherein: the crop cutter comprises a disc cutter comprising a plurality of cutting discs configured to rotate about respective rotation axes, the first transmission output is mechanically connected to a first one of the plurality of cutting discs; and the second transmission input is mechanically connected to a second one of the plurality of cutting discs, with a reasonable expectation of success, in order to provide an opportunity to have a single, unobstructed, centered delivery of crop through the header to a centered condition assembly (see at least Barnett, para. [0070]).
As per claim 12 Schroeder does not explicitly disclose
wherein: the plurality of cutting discs are arranged in a row extending transverse to a forward operating direction of the frame from a first end of the row to a second end of the row;
the first one of the plurality of cutting discs is located at the first end of the row; and
the second one of the plurality of cutting discs is located at the second end of the row.
Barnett teaches
wherein: the plurality of cutting discs are arranged in a row extending transverse to a forward operating direction of the frame from a first end of the row to a second end of the row (see at least Barnett, para. [0043]: a plurality of generally horizontal cutter disks mounted on the cutter bar at positions spaced transversely of the header with the disks being mounted on the cutter bar for driven rotation about respective generally upright axes spaced along the cutter bar;);
the first one of the plurality of cutting discs is located at the first end of the row; and the second one of the plurality of cutting discs is located at the second end of the row (see at least Barnett, para. [0044-0045]: each disk having mounted thereon at a position spaced outwardly from the respective axis thereof at least one cutter blade such that rotation of the disk about its axis causes a standing crop to be cut by the blade as it rotates around the axis on the disk… the cutter bar including a first longitudinally extending hollow gear case and a second longitudinally extending hollow gear case divided at a position along the length of the cutter bar so as to form first and second separate sections;).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schroeder to incorporate the teaching of wherein: the plurality of cutting discs are arranged in a row extending transverse to a forward operating direction of the frame from a first end of the row to a second end of the row, the first one of the plurality of cutting discs is located at the first end of the row; and the second one of the plurality of cutting discs is located at the second end of the row, with a reasonable expectation of success, in order to provide an opportunity to have a single, unobstructed, centered delivery of crop through the header to a centered condition assembly (see at least Barnett, para. [0070]).
As per claim 18 Schroeder does not explicitly disclose
wherein the crop cutter comprises a disc cutter or a sickle bar cutter.
Barnett teaches
wherein the crop cutter comprises a disc cutter or a sickle bar cutter (see at least Barnett, para. [0022]: the first gear case including a first gear train formed by a series of intermeshing gears arranged to drive the cutter disks of the first section).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schroeder to incorporate the teaching of wherein the crop cutter comprises a disc cutter or a sickle bar cutter, with a reasonable expectation of success, in order to provide an opportunity to have a single, unobstructed, centered delivery of crop through the header to a centered condition assembly (see at least Barnett, para. [0070]).
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.
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/MOHAMED ABDO ALGEHAIM/Primary Examiner, Art Unit 3668