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 .
Specification
The disclosure is objected to because of the following informalities: reference numeral “25” has been used to refer to two different parts: “washer” in the final line of para. [0070] and “transverse axis or fixing bolt (25)” in the penultimate line of para. [0072]. Appropriate correction is required.
Claim Objections
Claims 2-5, 7, 10 are objected to because of the following informalities: it appears the instances of “the transverse mounting axis” should be changed to –the fixing bolt— in order to align with the amendment of claim 1. For purposes of examination, the two are being equated. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: line 2, “the first end” should be changed to –a second end—. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: line 2, “the external face” should be changed to –an external face—. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: “vertical bars” should be changed to –the vertical bars—. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “lateral arms” should be changed to –the lateral arms—. 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.
Claims 2, 4, 6, 10-11 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:
Claim 2 recites wherein the upper and lower bearing tracks and the rolling element of each bearing is made up of a single piece with the transverse mounting axis at a first end and a threaded section at a second end. However, the specification, in the penultimate line of para. [0072] equates the transverse axis and the fixing bolt (which has the threaded section) and it is therefore unclear how they can be claimed separately at opposite ends of the one piece bearing. Claim 2 is therefore indefinite.
Claim 10 recites wherein the transverse mounting axis (singular) includes an internal step (singular) for supports (plural) of vertical bars (plural) of each of a plurality of joint points (plural). It is unclear if each internal step is supposed to include multiple supports as claimed and the claim is therefore indefinite.
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) 1-2, 4-5, 7, 10-14, 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sivinski 10,190,627 in view of Howe, Jr. et al. 3,792,912.
Independent Claim 1: Sivinski discloses a joint system for an agricultural seeding machine, comprising:
a mounting structure (18) having a plurality of lateral arms (24) and a plurality of vertical bars (of 20 and 22), wherein each lateral arm of the plurality of lateral arms connects with a vertical bar of the plurality of vertical bars through a plurality of bearings (shown in Fig. 6), as per claim 1.
However, Sivinski fails to disclose wherein each bearing comprises:
an upper bearing track,
a fixing bolt comprising a lower bearing track, and
a rolling element housed within the upper bearing track and the lower bearing track, as per claim 1.
Howe discloses similar bearings, wherein each bearing comprises:
an upper bearing track (14 of 10),
a fixing bolt (11) comprising a lower bearing track (15), and
a rolling element (13) housed within the upper bearing track and the lower bearing track, as per claim 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the bearing structure of Howe for that of Sivinski’s joint system since both references disclose bearings for providing easy rotational and protected movement of parts relative to each other and such predictable results would be achieved.
Dependent Claims 2, 4-5, 7, 10-14, 17-18: Howe, of the resultant combination above, further discloses wherein the upper bearing track (14 of 10), the lower bearing track (15), and the rolling element (13) of each bearing is found within a single piece made up of the transverse mounting axis (11) at a first end (at the end of 11 having track 15) and at a second end, a threaded section (12) for an adjustment nut, as per claim 2;
a seat (17) for an annular seal gasket (18) on the external face (the lateral outside) of the first end (at the right end of 11 as seen in Fig. 1) of the transverse mounting axis (11), as per claim 4;
wherein the lower track (15) of the bearing is machined on the transverse mounting axis (11) forming a single structure (as seen in Fig. 1), as per claim 5;
wherein the transverse mounting axis (11) fits snugly on the lower bearing track (15) of each bearing of the plurality of bearings, as per claim 7;
wherein the transverse mounting axis (11) includes an internal step (24) for supports of vertical bars at each of a plurality of joint points (when combined with Sivinski), as per claim 10;
wherein an external ring (24) of the bearing provides a step for the support of lateral arms (when combined with Sivinski), as per claim 11;
an external ring (say 24 or 25), as per claim 12;
washers (26, 27), as per claim 13;
wherein the rolling element (13) is selected from the group consisting of deep groove ball bearings, angular contact bearings, cylindrical roller bearings, needle roller bearings, and spherical rollers (13), as per claim 14;
a plurality of rolling elements (13, col. 1, lns. 44-45), as per claim 17;
wherein the external ring (24 or 25) comprises a step (see Fig. 1) that acts as a bearing stop (in the vertical and axial directions, respectively, as seen in Fig. 1), as per claim 18.
Claim(s) 1-3, 5-7, 12, 14, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sivinski in view of Devoll 567,125.
Independent Claim 1: Sivinski discloses a joint system for an agricultural seeding machine, comprising:
a mounting structure (18) having a plurality of lateral arms (24) and a plurality of vertical bars (of 20 and 22), wherein each lateral arm of the plurality of lateral arms connects with a vertical bar of the plurality of vertical bars through a plurality of bearings (shown in Fig. 6), as per claim 1.
However, Sivinski fails to disclose wherein each bearing comprises:
an upper bearing track,
a fixing bolt comprising a lower bearing track, and
a rolling element housed within the upper bearing track and the lower bearing track, as per claim 1.
Devoll discloses a similar bearing comprising:
an upper bearing track (F),
a fixing bolt (C) comprising a lower bearing track (E), and
a rolling element (a) housed within the upper bearing track and the lower bearing track, as per claim 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the bearing of Devoll for that of Sivinski’s joint system since both references disclose bearings for providing easy rotational and protected movement of parts relative to each other and such predictable results would be achieved, with the added benefit of Devoll’s adjustability.
Dependent Claims 2-3, 5-7, 12, 14, 16-18: Devoll, of the resultant combination above, further discloses wherein the upper bearing track (F), the lower bearing track (E), and the rolling element (a) of each bearing is found within a single piece made up of the transverse mounting axis (C) at a first end (at the head end of C) and at a second end, a threaded section (seen in Fig. 2) for an adjustment nut (M), as per claim 2;
a central housing (the head of C) on the first end of the transverse mounting axis (C) that receives a manually operated key (screw-driver, lines 38-39), as per claim 3;
wherein the lower track (E) of the bearing is machined on the transverse mounting axis (C) forming a single structure (as seen in Fig. 2), as per claim 5;
an adjustment nut (M), as per claim 6;
wherein the transverse mounting axis (C) fits snugly on the lower bearing track (E) of each bearing of the plurality of bearings, as per claim 7;
wherein the transverse mounting axis (C) includes an internal step (its narrow threaded portion) for supports of vertical bars at each of a plurality of joint points (when combined with Sivinski), as per claim 10;
wherein an external ring (H) of the bearing provides a step for the support of lateral arms (when combined with Sivinski), as per claim 11;
further comprising an external ring (H), as per claim 12;
wherein the rolling element (a) is selected from the group consisting of deep groove ball bearings, angular contact bearings, cylindrical roller bearings, needle roller bearings, and spherical rollers (a), as per claim 14;
wherein the central housing (the head of C) is hexagonal (C is a bolt), as per claim 16;
comprising a plurality of rolling elements (a), as per claim 17;
wherein the external ring (H) comprises a step (its cone edge) that acts as a bearing stop (in the vertical and axial directions, respectively, as seen in Fig. 2), as per claim 18.
Response to Arguments
Please see the updated art rejections above in light of applicant’s claim amendments.
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 Alicia M. Torres whose telephone number is 571-272-6997. The examiner’s fax number is 571-273-6997. The examiner can normally be reached Monday through Friday from 9:00 a.m. – 5:30 p.m EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton, can be reached at (571) 272-7376.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the group receptionist whose telephone number is 571-272-3600. The fax number for this Group is 571-273-8300.
/Alicia Torres/Primary Examiner, Art Unit 3671 August 26, 2026