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 .
Introduction
Claims 1-20 are currently pending in this application and are subject to examination herein.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/05/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
Claims 1-10 recite a statement of intended use, namely “berry picking” (Claim 1 at line 1). However, none of the claims recites berry picking outside the preamble. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the 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) 1-3, 5, 8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Int’l. Pat. Pub. No. WO 2006/103554 to Seri et al. (hereinafter Seri).
Regarding claim 1, Seri discloses a harvesting assembly (Abstract; Figs. 1-15), comprising:
a first shaker assembly (left shaker 6 as depicted in Fig. 1) (Figs. 1-3, 11; Col. 4, lines 6-22) rotatably driven by a first drive shaft (left motor-driven shaft 13) (Figs. 4, 9, 12-15; Col. 5, lines 10-17; col. 5, lines 25-36) and a second shaker assembly (right shaker 6 as depicted in Fig. 1) (Figs. 1-3; Col. 4, lines 6-22) rotatably driven by a second drive shaft (right motor-driven shaft 13) (Figs. 4, 9, 12-15; Col. 5, lines 10-17; col. 5, lines 25-36), the first shaker assembly (left shaker 6 as depicted in Fig. 1) (Figs. 1-3; Col. 4, lines 6-22) and the second shaker assembly (right shaker 6 as depicted in Fig. 1) (Figs. 1-3; Col. 4, lines 6-22) defining a picking pathway therebetween, where each shaker assembly (each shaker 6) (Figs. 1-3; Col. 4, lines 6-22) comprises:
a plurality of vertically-aligned sub-assemblies (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25), each sub-assembly (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25) of the plurality of vertically-aligned sub-assemblies (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25) configured to rotate independently from one another about a respective drive shaft (motor-driven shaft 13) (Figs. 4, 9, 12-15; Col. 5, lines 10-17; col. 5, lines 25-36) of the first drive shaft (left motor-driven shaft 13) (Figs. 4, 9, 12-15; Col. 5, lines 10-17; col. 5, lines 25-36) and the second drive shaft (right motor-driven shaft 13) (Figs. 4, 9, 12-15; Col. 5, lines 10-17; col. 5, lines 25-36); and
a counterweight assembly (assembly comprising counterweights 16) (Figs. 8, 10, 12, 14; Col. 5, lines 13-21) operably coupled to the respective drive shaft (motor-driven shaft 13) (Figs. 4, 9, 12-15; Col. 5, lines 10-17; col. 5, lines 25-36) to produce an adjustable vibration frequency (by adjusting rotation and timing of eccentric masses 16) (Col. 7, lines 27-30) across the plurality of vertically-aligned sub-assemblies (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25), wherein the adjustable vibration frequency (by adjusting rotation and timing of eccentric masses 16) (Col. 7, lines 27-30) is applied independent of a rotational speed of the plurality of vertically-aligned sub-assemblies (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25).
Regarding claim 2, Seri discloses the harvesting assembly of claim 1 (see above). Furthermore, Seri discloses a harvesting assembly (Abstract), wherein each sub-assembly (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25) of the plurality of vertically-aligned sub-assemblies (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25) comprise:
a frame (cylindrical box 11) (Figs. 1-7; Col. 5, lines 10-17) configured to retain a pair of counterweights (counterweights 16) (Figs. 8, 10, 12, 14; Col. 5, lines 13-21) of the counterweight assembly (assembly comprising counterweights 16) (Figs. 8, 10, 12, 14; Col. 5, lines 13-21); and
a plurality of shaker rods (spokes 8) (Figs. 1-7, 11; Col. 4, lines 16-25; col. 5, lines 1-9) extending radially outward from the frame (cylindrical box 11) (Figs. 1-7; Col. 5, lines 10-17) (note that the spokes 8 of Seri extend radially outward from cylindrical box 11 and that the claim limitation does not indicate that the shaker rods are directly extending from the surface of the frame).
Regarding claim 3, Seri discloses the harvesting assembly of claim 2 (see above). Furthermore, Seri discloses a harvesting assembly (Abstract), wherein the rotational speed of each sub-assembly (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25) is independently and selectively adjustable (Col. 7, lines 6-12), wherein adjustment of the rotational speed of each sub-assembly (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25) is performed independently of (shaft/spoke rotation caused by motor 23 and counterweight rotation caused by motor 20) (Fig. 11; Col. 6, lines 4-11; col. 7, lines 6-12) an operating speed of the counterweight assembly (assembly comprising counterweights 16) (Figs. 8, 10, 12, 14; Col. 5, lines 13-21), wherein the counterweight assembly (assembly comprising counterweights 16) (Figs. 8, 10, 12, 14; Col. 5, lines 13-21) produces a consistent vibration (Col. 6, lines 4-11) of the plurality of shaker rods (spokes 8) (Figs. 1-7, 11; Col. 4, lines 16-25; col. 5, lines 1-9) during the adjustment of the rotational speed of each sub-assembly (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25).
Regarding claim 5, Seri discloses the harvesting assembly of claim 1 (see above). Furthermore, Seri discloses a harvesting assembly (Abstract), further comprising a respective plurality of speed belts (Col. 7, lines 27-30) that respectively operate the plurality of vertically-aligned sub-assemblies (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25), wherein each speed belt of the respective plurality of speed belts (Col. 7, lines 27-30) selectively applies tension to adjust the rotational speed of a dedicated sub-assembly (shaft 7 and/or spokes 8) (Figs. 1, 3; Col. 4, lines 16-25) of the plurality of vertically-aligned sub-assemblies (by adjusting rotation and timing of eccentric masses 16) (Col. 7, lines 27-30), wherein the counterweight assembly (assembly comprising counterweights 16) (Figs. 8, 10, 12, 14; Col. 5, lines 13-21) remains unaffected during operation of the respective plurality of speed belts (Col. 7, lines 27-30) on the plurality of vertically-aligned sub-assemblies (by setting rotation and timing of eccentric masses 16) (Col. 7, lines 27-30).
Regarding claim 8, Seri discloses the harvesting assembly of claim 2 (see above). Furthermore, Seri discloses a harvesting assembly (Abstract), wherein the plurality of shaker rods (spokes 8) (Figs. 1-7, 11; Col. 4, lines 16-25; col. 5, lines 1-9) of each sub-assembly includes an upper set of shaker rods (any set of upper spokes 8) (see Figs. 1, 3) and a lower set of shaker rods (any set of lower spokes 8) (see Figs. 1, 3).
Regarding claim 10, Seri discloses the harvesting assembly of claim 2 (see above). Furthermore, Seri discloses a harvesting assembly (Abstract), wherein the plurality of shaker rods include a first set of shaker rods (one or more of upper rods of left shaker 6 as depicted in Fig. 1) (Figs. 1-3, 11; Col. 4, lines 6-22) of the first shaker assembly (left shaker 6 as depicted in Fig. 1) (Figs. 1-3, 11; Col. 4, lines 6-22) and a second set of shaker rods (one or more of lower rods of right shaker 6 as depicted in Fig. 1) (Figs. 1-3, 11; Col. 4, lines 6-22) of the second shaker assembly (right shaker 6 as depicted in Fig. 1) (Figs. 1-3, 11; Col. 4, lines 6-22), wherein the first set of shaker rods (one or more of upper rods of left shaker 6 as depicted in Fig. 1) (Figs. 1-3, 11; Col. 4, lines 6-22) are vertically offset from the second set of shaker rods (one or more of lower rods of right shaker 6 as depicted in Fig. 1) (Figs. 1-3, 11; Col. 4, lines 6-22) to allow the first set (one or more of upper rods of left shaker 6 as depicted in Fig. 1) (Figs. 1-3, 11; Col. 4, lines 6-22) and the second set of shaker rods (one or more of lower rods of right shaker 6 as depicted in Fig. 1) (Figs. 1-3, 11; Col. 4, lines 6-22) to contemporaneously pass through the picking pathway.
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.
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.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seri in view of Int’l. Pat. Pub. No. 2023/166193 to Hawrylenko et al. (hereinafter Hawrylenko).
Regarding claims 4, Seri discloses the harvesting assembly of claim 3 (see above). However, Seri does not expressly disclose that the operating speed of the counterweight assembly is within a range of approximately 1800 rpm to approximately 2400 rpm. Nevertheless, Hawrylenko teaches a vibration counterweight assembly that operates within a range of approximately 1800 rpm to approximately 2400 rpm (pp. 2-4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvesting assembly disclosed in Seri with the vibration counterweight assembly speed range between 1000 and 2500 rpm, as taught in Hawrylenko, with a reasonable expectation of success in order to provide better shaking of the vegetation (analogous to the better mixing of the shaken samples in Hawrylenko) as taught in Hawrylenko (p. 4). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvesting assembly disclosed in Seri with the vibration counterweight assembly speed range between 1000 and 2500 rpm, as taught in Hawrylenko, with a reasonable expectation of success, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seri.
Regarding claim 6, Seri discloses the harvesting assembly of claim 5 (see above). However, Seri does not expressly disclose an operating speed of each sub-assembly is within a range of approximately 1 rpm to approximately 40 rpm. Nevertheless, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvesting assembly disclosed in Seri to operate each sub-assembly within a range of approximately 1 rpm to approximately 40 rpm with a reasonable expectation of success, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seri in view of Int’l. Pat. Pub. No. WO 2017/049131 to Arata.
Regarding claim 7, Seri discloses the harvesting assembly of claim 2 (see above). However, Seri does not disclose a gasket assembly coupled to each frame of the plurality of vertically-aligned sub-assemblies, the gasket assembly configured to enclose an interior portion defined within each frame. Nevertheless, Arata teaches a harvester with a gasket assembly (shield(s) 86, 88) (Fig. 10; Para. [0054]-[0057]) configured to enclose an interior portion defined therein (Fig. 10; Para. [0054]-[0057]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvesting assembly disclosed in Seri with the gasket/shield taught in Arata and configured to enclose an interior portion of each frame (or any other portion where one wishes to exclude portions of the vegetation being harvested) with a reasonable expectation of success in order to provide a smooth surfaces to gently transition the vegetation to traverse the picking tunnel, as taught in Arata (Para. [0055]). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvesting assembly disclosed in Seri with the gasket/shield taught in Arata and configured to enclose an interior portion of each frame (or any other portion where one wishes to exclude portions of the vegetation being harvested) with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seri in view of Japanese Pat. Pub. No. JP 202000099229 A to Nobuyasu.
Regarding claim 9, Seri discloses the harvesting assembly of claim 2 (see above). However, Seri does not disclose a plurality of guide tubes disposed between sets of the plurality of shaker rods, the guide tubes configured to facilitate movement of vegetation through the picking pathway. Nevertheless, Nobuyasu teaches a plurality of guide tubes (tubes 74, 75) (Figs. 15-16; P. 5, lines 40-45; p. 6, lines 10-27). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvesting assembly of Seri with the plurality of guide tubes taught in Nobuyasu so as to be disposed between sets of the plurality of shaker rods with a reasonable expectation of success in order to raise and guide the vegetation toward the working parts of the harvesting assembly. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvesting assembly of Seri with the plurality of guide tubes taught in Nobuyasu so as to be disposed between sets of the plurality of shaker rods with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to employ/use a known technique to improve similar devices (methods, products) in the same way is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 417, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter
Claims 11-20 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. Nos. 8,635,845 to Palm; 4,982,558 to Korthuis; 4,292,792 to Burton; 5,113,644 to Windemuller et al.; 4,329,836 to Scudder; 4,974,405 to Littau; 3,777,463 to Claxton; 4,341,062 to Scudder; and U.S. Pat. Pub. Nos. 2019/0281764 to Roberts et al.; and European Pat. Pub. Nos. EP 2 149 291 A1 to Pellenc et al. and EP 3 925 431 A1 to Roberts et al.; and French Pat. Pub. No. FR 3 045 272 to Laurent et al. relate to berry and fruit harvesters. U.S. Pat. Pub. No. 2017/0215341 to Stackhouse; Int’l. Pat. Pub. No. WO 2021/256932 A1 to Geurts; European Pat. Pub. Nos. EP 0 568 969 A1 to Johnson; and Australian Pat. Pub. No. AU 2021257990 A1 to Hernandez relate to shaker assemblies for fruit harvesters. European Pat. Pub. No. EP 3 785 519 A1 to Metayer et al. relates to a conveyor system for a fruit harvester.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAUDE J BROWN whose telephone number is (571)270-5924. The examiner can normally be reached Mon-Fri 8AM-5PM.
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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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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671
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