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 Rejections - 35 USC § 103
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 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.
Claims 1-3, 6-12 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Ankenman et al. (USPGPub 2019/0059197) in view of Hurtis et al. (USP 6,557,646).
Regarding claim 1: Ankenman discloses an agricultural implement (as seen in figures 1 to 5C), comprising:
a frame (as seen in figures 2A and 2B) extending between a forward end and an aft end along a longitudinal direction that is parallel to a direction of travel of the agricultural implement, the frame further extending between a first side and a second side in a lateral direction extending perpendicular to the longitudinal direction (as seen in annotated figure 2A below);
a plurality of ground-engaging shanks (as seen in figure 2A and in annotated figure below) mounted to the frame and configured to engage the soil of a field as the agricultural implement travels across the field;
a first leveling disk gang assembly (as seen in figure 2C, area of A-1120) mounted to the frame and positioned aft of the plurality of ground-engaging shanks relative to the direction of travel, the first leveling disk gang assembly including a first plurality of disk blades (as seen in figure 2C, area of B-1122) configured to rotate relative to the soil of the field; and
a second leveling disk gang assembly (as seen in figure 2C, area of A-1140) mounted to the frame and positioned aft of the first leveling disk gang assembly relative to the direction of travel, the second leveling disk gang assembly including a second plurality of disk blades (as seen in figure 2C, area of B-1142) configured to rotate relative to the soil of the field, and,
wherein each disk blade of the first plurality of disk blades is further configured to turn the soil over such that the soil moves aft of the first plurality of disk blades and toward at least one of the first side or the second side of the agricultural implement (as seen in figure 2C as denoted by “flow lines” area of B-1122).
Further, Ankenman discloses wherein each disk blade of the second plurality of disk blades is further configured to turn the soil over such that the soil moves aft of the second plurality of disk blades and toward at least one of the first side of the second side of the agricultural implement (as seen in figure 2C as denoted by “flow lines” area of B-1142) but fails to show wherein each disk blade of the first or second leveling disk gang assembly are rotatably coupled to a shaft and spaced apart along the shaft between first and second ends.
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However, Hurtis teaches that it is well known within the agricultural implement art to mount disk blades in a gang type configuration between first and second ends and along a shaft (as seen in figures 4 and 5). Hurtis discloses an agricultural implement (as seen in figure 2, generally 10) having at least one of the first or second leveling disk gang assembly (as seen in figures 3 and 4) further includes a shaft (as seen in figure 4, at 96) extending between a first end and a second end, each disk blade (as seen in figure 4, at 91) of the at least one of the first or second leveling disk gang assembly rotatably coupled (Hurtis, column 7, lines 21-24) to the shaft and spaced apart along the shaft between the first and second ends (as seen in figures 3 and 4). Therefore, 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 device of Ankenman with the teachings of Hurtis since it would be a simple matter of combining prior art elements according to known methods to yield the predictable results of a leveling assembly on a single shaft and thus better suited for longitudinal and axial adjustments and therein allowing for more effective and efficient leveling of soil, absent any showing to the contrary.
Regarding claim 2: Ankenman as modified by Hurtis discloses the agricultural implement of claim 1. Further, Ankenman discloses an embodiment wherein:
each disk blade of the first plurality of disk blades defines a concave side and a convex side (as seen in figures 2B-5C) and is oriented such that the concave side faces the second side of the agricultural implement and the convex side faces the first side of the agricultural implement (as seen in annotated figure 2C below, area of “Dfb”, lower portion);
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and,
each disk blade of the second plurality of disk blades defines a concave side and a convex side and is oriented such that the convex side faces the second side of the agricultural implement and the concave side faces the first side of the agricultural implement (as seen in annotated figure 2C below, area immediately behind “Dfb” from above annotated figure).
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Regarding claim 3: Ankenman as modified by Hurtis discloses the agricultural implement of claim 1. Further, Ankenman discloses an embodiment wherein:
each disk blade of the first plurality of disk blades defines a concave side and a convex side (as seen in figures 2B-5C) and is oriented such that the convex side faces the second side of the agricultural implement and the concave side faces the first side of the agricultural implement (as seen in annotated figure 2C below, area of “Dfb”, upper portion);
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and
each disk blade of the second plurality of disk blades defines a concave side and a convex side (as seen in figures 2B-5C) and is oriented such that the concave side faces the second side of the agricultural implement and the convex side faces the first side of the agricultural implement (as seen in annotated figure 2C below, area immediately behind “Dfb” “upper portion” from above annotated figure).
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Regarding claim 6: Ankenman as modified by Hurtis discloses the agricultural implement of claim 1. Further, Ankenman discloses the implement comprising:
an actuator configured to apply a force to at least one of the first leveling disk gang assembly or the second leveling disk gang assembly (unnumbered but as seen in annotated figures 5A and 2B below).
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Regarding claim 7: Ankenman as modified by Hurtis discloses the agricultural implement of claim 1. Further, Ankenman discloses the implement comprising:
a third leveling disk gang assembly (as seen in figure 2C) mounted to the frame and positioned between the second side of the agricultural implement and the first leveling disk gang assembly and aft of the plurality of ground-engaging shanks relative to the direction of travel, the third leveling disk gang assembly including a third plurality of disk blades configured to rotate relative to the soil of the field; and
a fourth leveling disk gang assembly (as seen in figure 2C) mounted to the frame and positioned between the second side of the agricultural implement and the second leveling disk gang assembly and aft of the third leveling disk gang assembly relative to the direction of travel, the fourth leveling disk gang assembly including a fourth plurality of disk blades configured to rotate relative to the soil of the field (as seen in annotated figure 2C below).
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Regarding claims 8 and 9: Ankenman as modified by Hurtis discloses the agricultural implement of claim 7. Further, Ankenman discloses an adjustability within the implement to allow for the concave and convex portions of each leveling gang assembly to be adjusted to face in any combination of directions as desired by the operator (as seen in figure 1, 2C and 5C).
Regarding claim 10: Ankenman discloses a tillage implement (as seen in figures 1 to 5C), comprising:
a frame (as seen in figures 2A and 2B) extending between a forward end and an aft end along a longitudinal direction that is parallel to a direction of travel of the tillage implement, the frame further extending between a first side and a second side in a lateral direction extending perpendicular to the longitudinal direction (as seen in figure 2A and in annotated figure below);
a plurality of harrow disks (as seen in figure 2A and in annotated figure below) mounted to the frame and configured to engage the soil of a field as the tillage implement travels across the field;
a plurality of shank assemblies (as seen in figure 2A and in annotated figure below) mounted to the frame and configured to engage the soil of the field as the tillage implement travels across the field, the plurality of shank assemblies positioned aft of the plurality of harrow disks relative to the direction of travel;
a first leveling disk gang assembly (as seen in figure 2C, area of A-1120) mounted to the frame and positioned aft of the plurality of shank assemblies relative to the direction of travel, the first leveling disk gang assembly including a first plurality of disk blades (as seen in figure 2C, area of B-1122) configured to rotate relative to the soil of the field; and
a second leveling disk gang assembly(as seen in figure 2C, area of A-1140) mounted to the frame and positioned aft of the first leveling disk gang assembly relative to the direction of travel, the second leveling disk gang assembly including a second plurality of disk blades (as seen in figure 2C, area of B-1142) configured to rotate relative to the soil of the field, and,
wherein, each disk blade of the first plurality of disk blades is configured to turn the soil over such that the soil moves aft of the first plurality of disk blades and toward at least one of the first side or the second side of the tillage implement (as seen in figure 2C as denoted by “flow lines” area of B-1122).
Further, Ankenman discloses wherein each disk blade of the second plurality of disk blades is configured to turn the soil over such that the soil moves aft of the second plurality of disk blades and toward at least one of the first side of the second side of the tillage implement (as seen in figure 2C as denoted by “flow lines” area of B-1142 but fails to show wherein each disk blade of the first or second leveling disk gang assembly are rotatably coupled to a shaft and spaced apart along the shaft between first and second ends.
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However, Hurtis teaches that it is well known within the agricultural implement art to mount disk blades in a gang type configuration between first and second ends and along a shaft (as seen in figures 4 and 5). Hurtis discloses an agricultural implement (as seen in figure 2, generally 10) having at least one of the first or second leveling disk gang assembly (as seen in figures 3 and 4) further includes a shaft (as seen in figure 4, at 96) extending between a first end and a second end, each disk blade (as seen in figure 4, at 91) of the at least one of the first or second leveling disk gang assembly rotatably coupled (Hurtis, column 7, lines 21-24) to the shaft and spaced apart along the shaft between the first and second ends (as seen in figures 3 and 4). Therefore, 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 device of Ankenman with the teachings of Hurtis since it would be a simple matter of combining prior art elements according to known methods to yield the predictable results of a leveling assembly on a single shaft and thus better suited for longitudinal and axial adjustments and therein allowing for more effective and efficient leveling of soil, absent any showing to the contrary.
Regarding claim 11: Ankenman as modified by Hurtis discloses the tillage implement of claim 10. Further, Ankenman discloses an embodiment wherein:
each disk blade of the first plurality of disk blades defines a concave side and a convex side (as seen in figures 2B-5C) and is oriented such that the concave side faces the second side of the agricultural implement and the convex side faces the first side of the agricultural implement (as seen in annotated figure 2C below, area of “Dfb”, lower portion);
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and,
each disk blade of the second plurality of disk blades defines a concave side and a convex side and is oriented such that the convex side faces the second side of the agricultural implement and the concave side faces the first side of the agricultural implement (as seen in annotated figure 2C below, area immediately behind “Dfb” from above annotated figure).
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Regarding claim 12: Ankenman as modified by Hurtis discloses the tillage implement of claim 10. Further, Ankenman discloses an embodiment wherein:
each disk blade of the first plurality of disk blades defines a concave side and a convex side (as seen in figures 2B-5C) and is oriented such that the convex side faces the second side of the agricultural implement and the concave side faces the first side of the agricultural implement (as seen in annotated figure 2C below, area of “Dfb”, upper portion);
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and
each disk blade of the second plurality of disk blades defines a concave side and a convex side (as seen in figures 2B-5C) and is oriented such that the concave side faces the second side of the agricultural implement and the convex side faces the first side of the agricultural implement (as seen in annotated figure 2C below, area immediately behind “Dfb” “upper portion” from above annotated figure).
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Regarding claim 15: Ankenman as modified by Hurtis discloses the tillage implement of claim 10. Further, Ankenman discloses the implement comprising:
an actuator configured to apply a force to at least one of the first leveling disk gang assembly or the second leveling disk gang assembly (unnumbered but as seen in annotated figures 5A and 2B below).
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Regarding claim 16: Ankenman as modified by Hurtis discloses the tillage implement of claim 10. Further, Ankenman discloses the implement comprising:
a third leveling disk gang assembly (as seen in figure 2C) mounted to the frame and positioned between the second side of the agricultural implement and the first leveling disk gang assembly and aft of the plurality of ground-engaging shanks relative to the direction of travel, the third leveling disk gang assembly including a third plurality of disk blades configured to rotate relative to the soil of the field; and
a fourth leveling disk gang assembly (as seen in figure 2C) mounted to the frame and positioned between the second side of the agricultural implement and the second leveling disk gang assembly and aft of the third leveling disk gang assembly relative to the direction of travel, the fourth leveling disk gang assembly including a fourth plurality of disk blades configured to rotate relative to the soil of the field (as seen in annotated figure 2C below).
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Regarding claims 17 and 18: Ankenman as modified by Hurtis discloses the tillage implement of claim 16. Further, Ankenman discloses an adjustability within the implement to allow for the concave and convex portions of each leveling gang assembly to be adjusted to face in any combination of directions as desired by the operator (as seen in figure 1, 2C and 5C).
Claims 1, 4, 5, 10, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell, Jr., (USPGPub 2023/0345851) in view of Hurtis et al. (USP 6,557,646).
Regarding claim 1: Mitchell discloses an agricultural implement (as seen in figures 1 to 5), comprising:
a frame (as seen in figure 2) extending between a forward end and an aft end along a longitudinal direction that is parallel to a direction of travel of the agricultural implement, the frame further extending between a first side (as seen in figure 2, area of 102) and a second side (as seen in figure 2, area of 110) in a lateral direction extending perpendicular to the longitudinal direction;
a plurality of ground-engaging shanks (as seen in figure 1, at 132, 142) mounted to the frame and configured to engage the soil of a field as the agricultural implement travels across the field (as seen in figure 1);
a first leveling disk gang assembly (as seen in figure 2, area of 150) mounted to the frame and positioned aft of the plurality of ground-engaging shanks relative to the direction of travel, the first leveling disk gang assembly including a first plurality of disk blades (as seen in figure 2, area of 152) configured to rotate relative to the soil of the field; and
a second leveling disk gang assembly (as seen in figure 2, area of 160) mounted to the frame and positioned aft of the first leveling disk gang assembly relative to the direction of travel, the second leveling disk gang assembly including a second plurality of disk blades (as seen in figure 2, area of 162) configured to rotate relative to the soil of the field; and,
wherein each disk blade of the first plurality of disk blades is further configured to turn the soil over such that the soil moves aft of the first plurality of disk blades and toward at least one of the first side or the second side of the agricultural implement (as seen in figure 2 as denoted by angle “A3”).
Further, Mitchell discloses wherein each disk blade of the second plurality of disk blades is further configured to turn the soil over such that the soil moves aft of the second plurality of disk blades and toward at least one of the first side of the second side of the agricultural implement (as seen in figure 2 as denoted by angle “A4”) but is silent to each disk blade of the first or second leveling disk gang assembly being rotatably coupled to a shaft and spaced apart along the shaft between first and second ends. However, Hurtis teaches that it is well known within the agricultural implement art to mount disk blades in a gang type configuration between first and second ends and along a shaft (as seen in figures 4 and 5). Hurtis discloses an agricultural implement (as seen in figure 2, generally 10) having at least one of the first or second leveling disk gang assembly (as seen in figures 3 and 4) further includes a shaft (as seen in figure 4, at 96) extending between a first end and a second end, each disk blade (as seen in figure 4, at 91) of the at least one of the first or second leveling disk gang assembly rotatably coupled (Hurtis, column 7, lines 21-24) to the shaft and spaced apart along the shaft between the first and second ends (as seen in figures 3 and 4). Therefore, 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 device of Mitchell with the teachings of Hurtis since it would be a simple matter of combining prior art elements according to known methods to yield the predictable results of a leveling assembly on a single shaft and thus better suited for longitudinal and axial adjustments and therein allowing for more effective and efficient leveling of soil, absent any showing to the contrary..
Regarding claims 4 and 5: Mitchell as modified by Hurtis discloses the agricultural implement of claim 1. Further, Mitchell discloses wherein:
the first leveling disk gang assembly includes a first shaft (as seen in figure 2, at 150) extending between a first end and a second end (as seen in figure 2), each disk blade of the first plurality of disk blades (as seen in figure 2, at 152) rotatably coupled to the first shaft (page 4, paragraphs [0044] and [0046]) and spaced apart along the first shaft between the first and second ends (as seen in figure 2); and
the second leveling disk gang assembly includes a second shaft (as seen in figure 2, at 160) extending between a first end and a second end, each disk blade of the second plurality of disk blades (as seen in figure 2, at 162) rotatably coupled to the second shaft (page 4, paragraphs [0045] and [0046]) and spaced apart along the second shaft between the first and second ends (as seen in figure 2) and wherein the first shaft extends between the first and second ends along the lateral direction (as seen in figure 2, spanning to side members); and
the second shaft extends between the first and second ends along the lateral direction (as seen in figure 2, spanning to side members).
Regarding claim 10: Mitchell discloses a tillage implement (as seen in figures 1 to 5), comprising:
a frame (as seen in figure 2) extending between a forward end and an aft end along a longitudinal direction that is parallel to a direction of travel of the tillage implement, the frame further extending between a first side (as seen in figure 2, area of 102) and a second side (as seen in figure 2, area of 110) in a lateral direction extending perpendicular to the longitudinal direction;
a plurality of harrow disks (as seen in figure 1, at 112 and 122) mounted to the frame and configured to engage the soil of a field as the tillage implement travels across the field (as seen in figure 1);
a plurality of shank assemblies (as seen in figure 1, at 132, 142) mounted to the frame and configured to engage the soil of the field as the tillage implement travels across the field, the plurality of shank assemblies positioned aft of the plurality of harrow disks relative to the direction of travel;
a first leveling disk gang assembly (as seen in figure 2, area of 150) mounted to the frame and positioned aft of the plurality of shank assemblies relative to the direction of travel, the first leveling disk gang assembly including a first plurality of disk blades (as seen in figure 2, area of 152) configured to rotate relative to the soil of the field; and
a second leveling disk gang assembly (as seen in figure 2, area of 160) mounted to the frame and positioned aft of the first leveling disk gang assembly relative to the direction of travel, the second leveling disk gang assembly including a second plurality of disk blades (as seen in figure 2, area of 162) configured to rotate relative to the soil of the field: and,
wherein each disk blade of the first plurality of disk blades is configured to turn the soil over such that the soil moves aft of the first plurality of disk blades and toward at least one of the first side or the second side of the tillage implement (as seen in figure 2 as denoted by angle “A3”).
Further, Mitchell discloses wherein, each disk blade of the second plurality of disk blades is configured to turn the soil over such that the soil moves aft of the second plurality of disk blades and toward at least one of the first side of the second side of the tillage implement (as seen in figure 2 as denoted by angle “A4”) but is silent to each disk blade of the first or second leveling disk gang assembly being rotatably coupled to a shaft and spaced apart along the shaft between first and second ends. However, Hurtis teaches that it is well known within the agricultural implement art to mount disk blades in a gang type configuration between first and second ends and along a shaft (as seen in figures 4 and 5). Hurtis discloses an agricultural implement (as seen in figure 2, generally 10) having at least one of the first or second leveling disk gang assembly (as seen in figures 3 and 4) further includes a shaft (as seen in figure 4, at 96) extending between a first end and a second end, each disk blade (as seen in figure 4, at 91) of the at least one of the first or second leveling disk gang assembly rotatably coupled (Hurtis, column 7, lines 21-24) to the shaft and spaced apart along the shaft between the first and second ends (as seen in figures 3 and 4). Therefore, 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 device of Mitchell with the teachings of Hurtis since it would be a simple matter of combining prior art elements according to known methods to yield the predictable results of a leveling assembly on a single shaft and thus better suited for longitudinal and axial adjustments and therein allowing for more effective and efficient leveling of soil, absent any showing to the contrary.
Regarding claims 13 and 14: Mitchell as modified by Hurtis discloses the tillage implement of claim 10. Further, Mitchell discloses wherein:
the first leveling disk gang assembly includes a first shaft (as seen in figure 2, at 150) extending between a first end and a second end (as seen in figure 2), each disk blade of the first plurality of disk blades (as seen in figure 2, at 152) rotatably coupled to the first shaft (page 4, paragraphs [0044] and [0046]) and spaced apart along the first shaft between the first and second ends (as seen in figure 2); and
the second leveling disk gang assembly includes a second shaft (as seen in figure 2, at 160) extending between a first end and a second end, each disk blade of the second plurality of disk blades (as seen in figure 2, at 162) rotatably coupled to the second shaft (page 4, paragraphs [0045] and [0046]) and spaced apart along the second shaft between the first and second ends (as seen in figure 2) and wherein the first shaft extends between the first and second ends along the lateral direction (as seen in figure 2, spanning to side members); and
the second shaft extends between the first and second ends along the lateral direction (as seen in figure 2, spanning to side members).
Response to Arguments
Applicant’s arguments with respect to claims 1-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding applicant’s representative’s arguments that “Mitchell Jr. is silent as to at least one of a first or second leveling disk gang assembly positioned aft of ground-engaging shanks includes a shaft upon which each disk blade of the first or second disk gang assembly is rotatably coupled thereto and spaced apart along the shaft. There is no indication in Mitchell, Jr., either in the text or the figures, that any disk blades mounted aft of ripper shanks are part of leveling disk gangs and mounted to shafts as claimed.” The examiner disagrees. Firstly, as seen in figure 1, the disks of Mitchell (as seen at 152 and 162) are clearly aft of ripper shanks 132 and 142. Further, although the specification is silent to the nomenclature of a “shaft”, upon view figure 2 it is inherently clear that those disks are mounted on a “shaft” at 150 and 160. However, to advance to prosecution of the application, the examiner has also provided a teaching of how notoriously well-known such an arrangement is and has applied that teaching to the above rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT ERIC PEZZUTO whose telephone number is (703)756-1320. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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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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/ROBERT E PEZZUTO/Examiner, Art Unit 3671
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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