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 .
Priority
This application discloses and claims only subject matter disclosed in prior Application No. 18/107,922, filed 9 February 2023, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Double Patenting
Claims 1-20 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of copending Application No. 18/107,922 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims merely recite a rearranged or broadened structural version of the same underlying invention claimed in the copending application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
(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.
Claims 1-10, and 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jespersen (EP 3162182 A1).
Regarding claim 1, Jespersen discloses a windrower (4) comprising:
a shredder (10) having a housing (44) surrounding a plurality of spinning knives (Jespersen Col. 6, lines 25-37; "Steel fails") adapted to process stover, said housing having an elongate discharge opening (18) through which the processed stover exits the housing entrained in a first airflow (crop flow when side deflector plates are fully extended 14'); and
a wing (14) having a non-deposit end (front of 20), a deposit end (rear of 22), and a first baffle (left part 22), said first baffle defining a first channel (when 22 is fully extended), an open proximal side (also front of 22) and an open deposit end side (also rear of 22), wherein said wing is adapted to be held in a deployed position (14') in which the non-deposit end is closer to the housing (44) than the deposit end, and said open proximal side is aligned with the elongate discharge opening (18) so that the first channel (when 22 is fully extended) receives the processed stover entrained in a first airflow (crop flow when side deflector plates are fully extended 14') exiting the housing through the elongate discharge opening and the first baffle (life side 22) redirects the processed stover entrained in a first airflow along the first channel (when 22 is fully extended) toward and through the open deposit end side (also rear of 22).
(Examiner's Note: Although the cited reference primarily describes a conditioner unit processing stalks of cut crop, such disclosure is understood by one of ordinary skill in the art to read on stover. Stover is a generic agricultural term encompassing the leaves, stalk, and remaining potions of cereal crops (including wheat, corn, barley, etc.) left in the field after harvesting grain.)
Regarding claim 2, Jespersen discloses the windrower of claim 1 wherein said wing (14) has a narrow section (38) adjacent the non-deposit end (front of 20), a wide section (36) adjacent the deposit end (rear of 22), and a transition section (34) between the narrow section and the wide section.
Regarding claim 3, Jespersen discloses the windrower of claim 1 wherein said first baffle (left part 22) comprises a top plate (also 38) having a first proximal end (front of 22 for 38) and a first distal end (end of 22 for 38), a bottom plate (also 36) having a second proximal end (front of 22 for 36) and a second distal end (end of 22 for 36), and a transition (transition happens on 34) extending between the first distal end (end of 22 for top plate 38) and the second distal end (end of 22 for bottom plate 36), wherein the bottom plate (36) is dimensionally wider than the top plate (38).
Regarding claim 4, Jespersen discloses the windrower of claim 1 wherein said wing (14) is adapted to move relative to the shredder (10) between the deployed position (14') and a stowed position (14'').
Regarding claim 5, Jespersen discloses the windrower of claim 1 further comprising at least one linkage (32, 42) and at least one actuator (Jespersen Col. 8, lines 24-29; "Linear actuator") adapted to move the wing (14) relative to the shredder (10) between the deployed position (14') and a stowed position (14'').
Regarding claim 6, Jespersen discloses the windrower of claim 1 wherein the wing (14) comprising a second baffle (right part 22) at the deposit end (rear of 22), said second baffle adapted to direct toward the ground processed stover exiting said first channel (when 22 is fully extended) through the open deposit end side (also rear of 22).
Regarding claim 7, Jespersen discloses a wing (14) for a windrower (4), said wing comprising a non-deposit end (front of 20), a deposit end (rear of 22), and a first baffle (left part 22), said first baffle defining a first channel (when 22 is fully extended), an open proximal side (also front of 22) and an open deposit end side (also rear of 22), wherein said wing is adapted to be held in a deployed position (14') in which the non-deposit end is closer to a housing (44) of a shredder (10) than the deposit end, and said open proximal side is aligned with an elongate discharge opening (18) of the housing of the shredder so that the first channel receives processed stover entrained in a first airflow (crop flow when side deflector plates are fully extended 14') exiting the housing through the elongate discharge opening and the first baffle (left part 22) redirects the processed stover entrained in the first airflow along the first channel toward and through the open deposit end side.
Regarding claim 8, Jespersen discloses the wing of claim 7 further comprising a second baffle (right part 22) at the deposit end of the wing (14), said second baffle adapted to direct toward the ground processed stover exiting said first channel (when 22 is fully extended) through the open deposit end side (rear of 22).
Regarding claim 9, Jespersen discloses the wing of claim 7 wherein said first baffle (left part 22) comprises a top plate (38) having a first proximal end (front of 22 for 38) and a first distal end (end of 22 for 38), a bottom plate (36)having a second proximal end (front of 22 for 36) and a second distal end (end of 22 for bottom plate 36) and a transition (transition happens on 34) extending between the first distal end (end of 22 for top plate 38) and second distal end (end of 22 for bottom plate 36), wherein the bottom plate (36) is dimensionally wider than the top plate (38).
Regarding claim 10, Jespersen discloses the wing of claim 7 further comprising a second channel (when 22 is fully retracted) formed by the first baffle (left part 22).
Regarding claim 12, Jespersen discloses the wing of claim 7 further comprising at least one linkage (32, 42) and at least one actuator (Jespersen Col. 8, lines 24-29; "Linear actuator") adapted to move the wing (14) relative to the shredder (10) between the deployed position (14') and a stowed position (14'').
Regarding claim 13, Jespersen discloses the wing of claim 7 wherein said wing (14) has a narrow section (38) adjacent the non-deposit end (front of 20), a wide section (36) adjacent the deposit end (rear of 22), and a transition section (34) between the narrow section and the wide section.
Regarding claim 14, Jespersen discloses a wing (14) for a windrower (4), said wing comprising a non-deposit end (front of 20), a deposit end (ear of 22), and a first baffle (left), said first baffle (left part 22) defining a first channel (when 22 is fully extended) and a second channel (when 22 is fully retracted), an open proximal side (front of 22) and an open deposit end side (rear of 22), wherein said wing (14) is adapted to be held in a deployed position (14') in which the non-deposit end is closer to a housing (44) of a shedder (10) than the deposit end, and said open proximal side is aligned with an elongate discharge opening (18) of the housing (44) of the shredder (10) so that the first channel (when 22 is fully extended) and the second channel (when 22 is fully retracted) receive processed stover entrained in a first airflow (crop flow when side deflector plates are fully extended 14') exiting the housing through the elongate discharge opening and the first baffle (left part 22) redirects the processed stover entrained in a first airflow along the first channel and the second channel toward and through the open deposit end side.
Regarding claim 15, Jespersen discloses the wing of claim 14 further comprising a second baffle (right part 22) at the deposit end of the wing (14), said second baffle adapted to direct toward the ground processed stover exiting the first channel (when 22 is fully extended) and the second channel (when 22 is fully retracted) through the open deposit end side (rear of 22).
Regarding claim 16, Jespersen discloses the wing of claim 14 wherein said wing (14) has a narrow section (38) adjacent the non-deposit end (front of 20), a wide section (36) adjacent the deposit end (rear of 22), and a transition section (34) between the narrow section and the wide section.
Regarding claim 17, Jespersen discloses the wing of claim 14 wherein said wing (14) is adapted to move relative to the shredder (10) between a stowed position (14'') and the deployed position (14').
Regarding claim 18, Jespersen discloses the wing of claim 14 comprising a linkage (32, 42) and an actuator (Jespersen Col. 8, lines 24-29; "Linear actuator") adapted to move the wing (14) relative to the shredder (10) between the deployed position (14') and a stowed position (14'').
Regarding claim 19, Jespersen discloses the wing of claim 18 wherein the actuator is a linear hydraulic actuator (Jespersen Col. 8, lines 24-29; "Linear actuator/hydraulic ram").
Allowable Subject Matter
Claims 11, 20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE ANTONIO MARTINEZ whose telephone number is (571)272-5896. The examiner can normally be reached M-F 7-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph 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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JOSE ANTONIO. MARTINEZ
Examiner
Art Unit 3671
/ADAM J BEHRENS/Primary Examiner, Art Unit 3671