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 Interpretation
The claims use the phrase “non-rotatably connected” in reference to elements in relationship to one another. In view of the specification ¶0034 this is understood to mean: “i.e., they rotate together at the same speed”.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 lines 8 and 9 repeat the word “at”. Appropriate correction is required.
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.
Claim(s) 1-2 and 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chaney (US 2020/0128732).
Regarding claim 1, Chaney discloses a residue processing system for an agricultural harvester, said residue processing system comprising: a chaff mill (weed seed devitalizer 24) for processing a stream of chaff containing weed seeds; and a drive system (Figure 3) for powering the chaff mill (via actuator 154), wherein the drive system comprises a gearbox (¶0034 discloses the use of a gear train, gears would be housed in appropriate gear boxes) having (i) an input shaft that either directly or indirectly receives power from an engine or other power source of the agricultural harvester (either directly or indirectly from actuator 154), and (ii) an output shaft that is either directly or indirectly connected to a rotor of the chaff mill for rotating the rotor (A gear train would have input and output shafts that form the gear train between the actuator and the destructors rotor ¶00017 panels or blades that rotate to impact weed seeds), wherein the gearbox is configured to selectively rotate the output shaft at least two different speeds such that the rotor of the chaff mill can be rotated at least two different speeds (¶0034 discloses actuator may vary the speed of the destructor. Therefore, the gear train is considered to be configured to selectively impart the variable speed to the destructor. The claim language is considered broad, the gearbox itself must comprise specific claimed components to selectively change the speed to overcome this interpretation).
Regarding claim 2, Chaney discloses wherein the chaff mill is a weed seed mill that is configured to devitalize the weed seeds in the stream of chaff (¶0017).
Regarding claim 11, Chaney discloses agricultural harvester comprising the residue processing system of claim 1 (Figure 5 shows a combine).
Regarding claims 12-14, Chaney discloses a discharge beater (Figure 5, shows beater 234) a straw hood having a hollow interior space (behind beater 234 is a hollow space that discharges downwardly onto a chopper 12) for receiving material other than grain (MOG) from a threshing and separating system of the harvester (Figure 5) and a separate stream of the chaff from a cleaning system of the harvester.
Regarding claim 15, Chaney discloses wherein the chaff mill is separate from the chopper and the discharge beater (Figure 5 shows that the chaff mill 24 is positioned at a rear of the combine and is considered “separate” from the beater and chopper as it is not integral with them. It is further known to separate the chaff mill to process a chaff stream from the chopper and beater stream).
Claim(s) 1-3, 6-9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berry (US 2023/0053959).
Regarding claim 1, Berry discloses a residue processing system for an agricultural harvester (¶0001 discloses use with a combine for the processing of chaff), said residue processing system comprising: a chaff mill for processing a stream of chaff containing weed seeds (¶0001); and a drive system (Figures 11 and 12) for powering the chaff mill, wherein the drive system comprises a gearbox (140) having (i) an input shaft (on pulley 126) that either directly or indirectly receives power from an engine or other power source of the agricultural harvester, and (ii) an output shaft (on pulley 142) that is either directly or indirectly connected to a rotor (indicator 12 of figure 11, ¶0126 discloses a rotor) of the chaff mill (10) for rotating the rotor, wherein the gearbox is configured to selectively rotate the output shaft at least two different speeds such that the rotor of the chaff mill can be rotated at least two different speeds (¶0129-130 discloses a control system that is capable of varying the speed of the rotors. Therefore the gearbox is configured to selectively rotate at different speeds).
Regarding claim 2, Berry discloses wherein the chaff mill is a weed seed mill that is configured to devitalize the weed seeds in the stream of chaff (¶0001).
Regarding claim 3, Berry discloses wherein the weed seed mill comprises the rotor (Figure 1 shows inner rotor pointed to by indicator 12) and a stator (18/36 ¶0120) surrounding the rotor, and the rotor is configured to rotate with respect to the stator for damaging and devitalizing the weed seeds passing between the rotor and stator.
Regarding claims 6 and 7, Berry discloses a first pulley (114) that receives power from the engine or other power source of the agricultural harvester (¶0110), a second pulley (116) that is connected to the first pulley to receive power therefrom, and a third pulley (126) that is connected to the second pulley to receive power therefrom (belt 130 is trained about the second and third pulley), wherein the third pulley either directly or indirectly delivers power to the rotor of the chaff mill.
Berry discloses wherein the second and third pulleys are interconnected by a belt (130, ¶0110).
Regarding claims 6 and 8, Berry discloses a first pulley (126) that receives power from the engine or other power source of the agricultural harvester (¶0110, receives power from pulley 114), a second pulley (142) that is connected to the first pulley (via gearbox 140) to receive power therefrom, and a third pulley (146/148) that is connected to the second pulley to receive power therefrom (belt 144 is trained about the second and third pulley), wherein the third pulley either directly or indirectly delivers power to the rotor of the chaff mill (Figure 11).
wherein the input shaft of the gearbox is non-rotatably connected to the first pulley (126), and the output shaft of the gearbox is non-rotatably connected to the second pulley (142, figure 11).
Regarding claim 9, Berry discloses wherein the input shaft of the gearbox is non-rotatably connected to the third pulley (126), and the output shaft of the gearbox is non-rotatably connected to the rotor of the chaff mill (Figure 11).
Regarding claim 11, Berry discloses agricultural harvester comprising the residue processing system of claim 1 (¶0001).
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berry (US 2023/0053959) in view of Buermann (US 2022/0077163).
Regarding claims 4 and 5, Berry ¶s 0129-130 discloses a control system that is capable of varying the speed of the rotors for processing the MOG comprising chaff and weed seeds. However, Berry is lacking how the speed change is performed.
Buermann discloses a combine harvester with an element that processes MOG and teaches the use of an infinitely variable gearbox (IVT) or a gearbox with different speeds (¶0009) to control the speed of the MOG processing element.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to look at other speed variable elements of a combine to include MOG processing elements that vary their speed and to modify Berry by modifying the gearbox (140) to an infinitely variable gearbox or a gearbox with different speeds as taught by Buermann for the purpose of allowing the power train system to run at its most efficient speed while allowing the ability to vary the speed of the rotors as disclosed by Berry.
A gearbox with different speeds would be considered to comprise multiple gears with various ratios as is old and well known in the art of gearboxes.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berry (US 2023/0053959).
Regarding claim 10, Berry discloses wherein the first pulley receives power from the engine or other power source of the agricultural harvester (¶0110 discloses that the first pulley 144 receive power from the combine).
Berry is lacking specific mention or depiction of a belt.
Examiner takes official notice that it is old and well known to connect a combines PTO to a pulley with a belt system. 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 a belt to power the input pulley 144 with a belt from the combines PTO.
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berry (US 2023/0053959) in view of Berry (US 2022/0287236).
Regarding claims 12-15, Berry 959’ discloses use of the device with a combine (¶0001) but is lacking specific details of the combine.
Berry 236’ discloses a weed seed devitalization device (30) and its mounting on a combine comprising: a discharge beater (14) that delivers MOG (20 from rotor 12, figure 1), to a hollow interior space (in front of and above chopper 22). And cleaning system (18) that delivers chaff and weed seeds (28) to the weed seed devitalization device (30) which is separate from the other devices.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, for the device of Berry 959’to be used in a combine harvester with all the same components as taught by Berry 236’ for the purpose of separating straw and chaff during operation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mayerle (USPN 11013182)
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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/ADAM J BEHRENS/Primary Examiner, Art Unit 3671