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 .
DETAILED ACTION
Specification
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 this case “is provided,” “efficiently and consistently” should be removed.
Claim Objections
Claim 8 is objected to because of the following informalities: typo: “a second end of a second end.” 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.
Claim 2-6, 8, 11-15 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.
Claims are replete with indefiniteness, applicant is required to find and correct all indefiniteness, in order the response to be compliant; such identifies are lack of positive antecedent basis, for example: “the second end” (cl. 2); “the piston bracket” (cl. 4); “the center member,” “the frame first side member,” “the frame member side section” (cl. 8), “the discharge assembly” (cl. 11).
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 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.
Claims 1-2, 7-13, 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wille et al (9307708).
[AltContent: textbox (Frame ejection section’s 2nd end is affixed to a frame middle section / center member)][AltContent: textbox (Frame ejection section’s 1st end)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (Axial actuator)][AltContent: arrow][AltContent: textbox (Ejection assembly: a frame ejection section, due to the actuator’s axial action in this section)][AltContent: arrow][AltContent: arrow]
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[AltContent: textbox (Harvesting / kernelling assembly)]
“(9) FIG. 9A is a top perspective view of an arm of an exemplary cutting assembly of a seed removal system as disclosed herein, showing the cutting and grinding portions of the arm engaging the kernels of an ear of corn. FIG. 9B is a close-up side perspective view of the arm of FIG. 9A.”
“(101) The systems and assemblies disclosed herein are described as having various actuators that effect movement of components of the systems and assemblies in a desired manner. In exemplary aspects, it is contemplated that the actuators of the disclosed systems and assemblies can be positioned in operative communication with a processor, such as, for example and without limitation, a programmable logic controller (PLC) or a processor of a computer as is known in the art. In these aspects, it is contemplated that the processor can be configured to activate the actuators of the disclosed systems and assemblies in an automated manner.”
“In another exemplary aspect, the step of obtaining an isolated immature corn kernel further comprises: selectively adjusting the position of the opposed engagements elements relative to the translation axis to disengage the ear; operatively coupling the base portion of the spindle to at least one actuator; and selectively activating the at least one actuator to effect axial and rotational movement of the spindle and the ear relative to an orientation axis, wherein the at least one actuator is selectively activated to advance the spindle and the ear through a cutting assembly.”
1. A corn stripping device comprising:
an ejection assembly (marked up);
a harvesting assembly (marked up); and
a control system (axial movement activating, controller, see teaching above).
2. The corn stripping device as claimed in claim 1, wherein the ejection assembly comprises a frame ejection section, wherein a first end of the frame ejection section extends from a first end of the corn stripping device, and wherein the second end is affixed to a surface of a frame middle section (marked up/ show & taught above).
[AltContent: arrow][AltContent: textbox (Discharge assembly which includes mounting plate 106 (fig 6))][AltContent: textbox (1st & 2nd side members affixed to the 1st & 2nd side members, between the ejection’s 2nd end & a discharge assembly or “plate” )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd end of the ejection frame section to which 1st end of the center is affixed )][AltContent: arrow]
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[AltContent: textbox (Frame middle section: center member)]
7. The corn stripping device as claimed in claim 1, wherein the harvesting assembly comprises a frame middle section (marked up).
8. The corn stripping device as claimed in claim 7, wherein the frame middle section comprises: a center member, wherein a first end surface of the center member is affixed to a second end of a second end of the frame ejection section (marked up);
a first side member, the frame first side member being affixed to a first end of the center member (marked up), and
wherein the first side member extends from the center member towards a discharge plate (not referenced, marked up section following the cutting assembly 120, 170); and
a second side member, the frame member side section being affixed to a second end of the center member, and wherein the second side member extends from the center member towards the discharge plate (such as, but not limited to, a mounting plate 106).
“(138) In exemplary aspects, the cutting assembly 120 can further comprise a mounting plate 106 that extends radially outwardly from a frame 104 relative to the longitudinal axis 102 of the system 100. In these aspects, the at least one cutting arm 126 can be pivotally mounted to the mounting plate 106. Optionally, it is contemplated that the at least one air cylinder 150 can have a distal end that is secured to the mounting plate 106”
9. The corn stripping device as claimed in claim 1, further comprising a cutter, the cutter being removably affixed to a discharge plate (cutter 120, 170; pivotally movable by the taught & quoted cylinder, but not claimed; discharge/mounting plate 105).
[AltContent: arrow][AltContent: textbox (2nd portion towards the discharge assembly)][AltContent: textbox (Mounting / discharge plate at second surface)][AltContent: arrow]
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[AltContent: textbox (Corn ear which undergoes de-coring of a cob portion using the drill or 1st cutter portion)][AltContent: arrow][AltContent: textbox (1st cutter portion removing / drilling the inner core of the corn ear, arranged towards the harvesting assembly at an edge section)][AltContent: arrow]
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10. The corn stripping device as claimed in claim 9, wherein a cutter first portion extends from a surface of the discharge plate in a direction towards the harvesting assembly (best shown / taught in figs 6, 9B, and/or marked up).
11. The corn stripping device as claimed in claim 10, wherein a cutter second portion extends from a second surface of the discharge plate towards the discharge assembly (marked up).
12. The corn stripping device as claimed in claim 11, wherein the cutter first portion includes an edge section, the edge section being configured to separate a first portion of an elongated item from its inner core (marked up).
13. The corn stripping device as claimed in claim 12, wherein the elongated item is an ear of corn (marked up).
16. The corn stripping device as claimed in claim 1, further comprising a discharge assembly (already addressed above, see cl. 11 and shown/taught above).
The following method steps are already met by the apparatus detailed above, unless otherwise noted:
17. A method of stripping corn from a corn cob, the method comprising: placing an elongated object on a rest (fig 3A); actuating a button from its first position to a second position (controller used for activation an actuator, see teaching above), thereby causing an ejection assembly to move from a first configuration to a second configuration (axial actuator 190 capable of axial translation, see quote above); and moving the elongated object in a direction towards a cutter (fig 3A), wherein the cutter is removably affixed to a discharge plate (already addressed above), wherein a cutter first portion extends from a surface of the discharge plate in a direction towards a harvesting assembly (cl. 10), and wherein the cutter first portion includes an edge section, the edge section being configured to separate a first portion of an elongated item from its inner core (cl. 12); accumulating the first portion of the elongated item within a harvesting assembly (fig 3B, or shown/taught above); and returning the ejection assembly from the second configuration to the first configuration (by using the controller).
18. The method of stripping corn from a corn cob as claimed in claim 17, wherein the elongated item is an ear of corn (cl. 13).
(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 1-2, 7-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Calzone (2026/0047530, priority date 7/2023).
Prima Facie Case: The patent office has the initial burden of presenting a prima facie case of invalidity. A prima facie case is adequately articulated by notifying the applicant of the reasons for its rejections so long as the explanation is not "so uninformative that it prevents the applicant from recognizing and seeking to counter the grounds for rejection." Chester v. Miller, 906 F.2d 1574 (Fed. Cir. 1990). This requirement comes straight from Section 132 of the Patent Act. 35 U.S.C. §132(a).
There has never been a requirement for an examiner to make an on-the-record claim construction of every term in every rejected claim and to explain every possible difference between the prior art and the claimed invention in order to make out a prima facie rejection. This court declines to create such a burdensome and unnecessary requirement. "[Section 132] does not mandate that in order to establish prima facie anticipation, the PTO must explicitly preempt every possible response to a section 102 rejection. Section 132 merely ensures that an applicant at least be informed of the broad statutory basis for the rejection of his claims, so that he may determine what the issues are on which he can or should produce evidence." Chester, 906 F.2d at 1578
Calzone teaches the claimed invention of an ejection & harvesting assemblies, and control system:
“[0009] In another aspect, operation of the present invention is provided. The corn kernel cutting apparatus can be connected to a pneumatic source, such as an air compressor, and can include components for flow control and actuation.”
“In an alternative embodiment, actuation mechanism 26 can be a suitable linear actuator, such as hydraulic, electromechanical, or piezoelectric. In embodiments, actuation mechanism 26 can include a controller, such as a flow control valve, configured to control flow rate. Advantageously, actuation mechanism 26 can provide the necessary force to drive corn 36 through the kernel cutting process without the need for user intervention.”
[AltContent: textbox (Middle section: center section; and 1st & 2nd side members (i.e. partial cylinder portion))]
[AltContent: textbox (Frame ejection section with two ends, 2nd affixed to the middle section)]
[AltContent: textbox (Discharge plate toward which the side member extends)][AltContent: arrow][AltContent: arrow][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: arrow]
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[AltContent: textbox (Harvesting assembly in frame middle section)][AltContent: textbox (Ejection assembly in a frame ejection section)]
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“[0024] Referring now to a cutting mechanism of the apparatus, the cutting mechanism can consist of an annular knife 14, a receiver 16, and a base 28. Annular knife 14 can be shaped substantially as a conical frustum, monolithically formed to a cylindrical base, having an inner bore of sufficient diameter to pass an ear of corn 36 or maize.”
[AltContent: textbox (Cutter removably affixed to a discharge plate, and a 1st portion extends in a direction towards the harvesting assembly, and a 2nd portion extends towards the discharge assembly)][AltContent: textbox (Discharge plate)][AltContent: arrow][AltContent: arrow]
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“[0009] In another aspect, operation of the present invention is provided. The corn kernel cutting apparatus can be connected to a pneumatic source, such as an air compressor, and can include components for flow control and actuation. In operation, an ear of corn can be placed into the corn kernel cutting apparatus through one of the first plurality of ports. A user can actuate the apparatus through a button, switch, or other mechanism, which can cause outer plunger and inner plunger to come into contact with the ear of corn 10 through pneumatic force transmitted from the actuation mechanism. Upon initial contact, outer plunger can cause ear of corn to become, and remain, axially centered within the body. The pneumatic force of actuation mechanism causes ear of corn to pass through the annular knife, separating and ejecting kernels through the second plurality of ports and into an optional bowl, while the cob passes through the inner bore of annular knife.”
14. The corn stripping device as claimed in claim 13, wherein a piston rod attachment is configured to contact an end portion of the elongated object (marked up), wherein the ejection assembly urges the elongated object in a direction towards the cutter, wherein the elongated object path of travel is substantially parallel to a frame top surface (shown/taught above).
15. The corn stripping device as claimed in claim 14, wherein the inner core passes through a cutter inner opening (fig 5).
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) 3-6, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Calzone (2026/0047530), in view of Hess et al (EP 2075226).
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Calzone teaches the claimed invention, except as noted:
[AltContent: textbox (piston)][AltContent: arrow]
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Although the arrangement would have not have been outside of one having ordinary engineering skill in the art, however Hess teaches that it has been known a base is pivotally mounted to a top surface:
[AltContent: textbox (A base is pivotally mounted to a surface)][AltContent: arrow]
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3. The corn stripping device as claimed in claim 2, wherein the ejection assembly further comprises a piston (marked up), wherein a piston base is pivotally mounted (not shown) to a top surface of the first end of the frame ejection section, and wherein a piston head (32, Calzone) is removably affixed to a piston bracket (taught in the combination, see ref. 34, fig 3, Calzone).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the actuator piston of Calzone with the teachings of Hess, with a reasonable expectation of success since it would allow the operator to clear or remove debris more easily at the second end of the piston rod by pivoting it out.
[AltContent: textbox (Piston rod (Calzone))][AltContent: arrow]
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4. The corn stripping device as claimed in claim 3, wherein the piston bracket is affixed to a top portion the second end of the frame ejection section (marked up).
5. The corn stripping device as claimed in claim 4, wherein the piston comprises a piston rod (marked up).
6. The corn stripping device as claimed in claim 5, wherein a piston rod attachment (taught in the combination, see ref 32 or 20 or 22 or 24, fig 3, Calzone) is removably affixed an end portion of the piston rod (best shown in fig 3).
The following method steps are already met by the apparatus above, unless otherwise noted:
19. The method of stripping corn from a corn cob as claimed in claim 17, wherein the ejection assembly comprises a piston, wherein a piston base is pivotally mounted to a top surface of the first end of the frame ejection section, and wherein a piston head is removably affixed to a piston bracket (see cl. 3, 4).
“[0009] In another aspect, operation of the present invention is provided. The corn kernel cutting apparatus can be connected to a pneumatic source, such as an air compressor, and can include components for flow control and actuation. In operation, an ear of corn can be placed into the corn kernel cutting apparatus through one of the first plurality of ports. A user can actuate the apparatus through a button, switch, or other mechanism, which can cause outer plunger and inner plunger to come into contact with the ear of corn 10 through pneumatic force transmitted from the actuation mechanism. Upon initial contact, outer plunger can cause ear of corn to become, and remain, axially centered within the body. The pneumatic force of actuation mechanism causes ear of corn to pass through the annular knife, separating and ejecting kernels through the second plurality of ports and into an optional bowl, while the cob passes through the inner bore of annular knife.” (Calzone)
20. The method of stripping corn from a corn cob as claimed in claim 19, wherein a piston rod attachment is configured to contact an end portion of the elongated object (figs 3, 4, Calzone), wherein the ejection assembly urges the elongated object in a direction towards the cutter, and wherein the elongated object path of travel is substantially parallel to a frame top surface (par. 9, Calzone).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892.
Mitchell (2024/0148041) teaches a corn kernel remover / stripper including an ejection element (cylinder/actuator 24, piston 22), a harvesting element (kernel remover 52), and a controller (5-way 3-position hand control valve 36 to enable displacement of the piston 22).
Skolrud (2220380) teaches a controller (handle 5) and including:
[AltContent: textbox (Harvesting means)][AltContent: arrow][AltContent: textbox (Ejecting / plunger )][AltContent: arrow]
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Sheldon (2029344) teaches the claimed invention an ejection assembly, a harvesting assembly, a control system:
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[AltContent: textbox (Ejection assembly with a reciprocating plunger rod)][AltContent: textbox (Harvesting assembly)]
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARPAD FABIAN-KOVACS whose telephone number is (571) 272-6990. The examiner can normally be reached Mo-Th.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph 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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/ARPAD FABIAN-KOVACS/
Primary Examiner, Art Unit 3671