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 1-18 are currently pending in this application and are subject to examination herein.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “40” has been used to designate both “edge” and “lower surface” (Fig. 3; Paras. [0017]-[0018]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 44 (Fig. 3); 50, 54, 56 and 66 (Fig. 4). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-18 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.
The term “near” in claims 1, 7 and 12 is a relative term which renders those claims indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The Examiner suggests that Applicant may wish to amend claims 1, 7 and 12 to remove the term “near” therefrom and use a term such as “at each vertex” instead. For purposes of examination, the Examiner will interpret “near” as within the vertex between the center of the triangular seal plate and the vertex. Claims 2-6, 8-11 and 13-18 each depend, either directly or ultimately from claims 1, 7 or 12 and are, therefore, likewise rejected as indefinite.
Allowable Subject Matter & Examiner's Reasons For Allowance
Claims 1-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to disclose or otherwise teach the combination of limitations claimed in the aforementioned claims. In particular regarding independent claims 1, 7 and 12, the prior art of record fails to disclose or otherwise teach a sill plate seal system for a header attachment of a combine harvester (Claim 1), a method (Claim 7) and a sill plate seal system (Claim 12), comprising:
a triangular seal plate having
a longer edge and two shorter edges,
a securing through hole located near each vertex, and
a bolt hole located between two vertices along the longer edge; and
a shoulder bolt having a head portion and a shoulder portion;
wherein the seal plate bolt hole is sized so as to prevent the bolt head portion from passing therethrough and to allow the shoulder portion of the bolt to pass therethrough.
Specifically, the prior art does not disclose or otherwise teach the claimed combination and, in particular, does not teach the combination of a triangular seal plate for a header attachment of a combine harvester and a shoulder bolt wherein the seal plate bolt hole is sized for the shoulder portion to pass through. While both a triangular seal plate and a shoulder bolt are both known in the art, the Examiner submits that it would not be obvious to combine the two as disclosed in the instant claims without the use of impermissible hindsight relying on details described only within the instant specification. Triangular seal plates, such as rigging or lifting plates, gusset plates, or mending plates are known in the art, and the use of traditional fasteners (bolts, screws, etc.) to fasten the plate to another structure is well-known in the art, but the use of a shoulder bolt in the central bolt hole is not known from the prior art and would not be obvious.
Claims 2-6 and 17-18 depend, either directly or ultimately, from allowable, independent claim 1 and are, therefore, likewise allowed.
Claims 8-11 depend, either directly or ultimately, from allowable, independent claim 7 and are, therefore, likewise allowed.
Claims 13-16 depend, either directly or ultimately, from allowable, independent claim 12 and are, therefore, likewise allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. No. 5,823,449 to Kooima et al.; 8,186,611 to Boer et al.; and 10,772,290 to Repka et al. relates to a triangular blade for an agricultural feed mixer having edge protection and mounting holes near the vertices. Chinese Pat. Pub. No. CN 206866084 U to Liu relates to a harvester conveying device having a triangular plate (Fig. 6). Canadian Pat. Pub. No. CA 2976844 A1 to Talbot relates to a blade for a sickle cutter system having a triangular profile with holes at two vertices and a larger through hole therebetween. Chinese Pat. Pub. No. CN 110783874 B to Guo et al. relates to a tubular connecting plate having through-holes.
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.
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 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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