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 § 102
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) 1-3, 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cook et al. 10,034,428.
Independent Claim 1: Cook discloses a system for adjusting harvesting implement position of an agricultural harvester, the system comprising:
a primary power circuit (510, col. 5, lns. 15-21) configured to selectively generate a primary flow of pressurized hydraulic fluid;
an auxiliary power circuit (640, Fig. 6) configured to selectively generate an auxiliary flow of pressurized hydraulic fluid; and
a hydraulic actuator (600, Fig. 6) comprising:
a cylinder (601);
a first piston (620) slidably positioned within the cylinder such that a first chamber (the unnumbered chamber to the left of piston 620 as seen in Fig. 6) is defined within the cylinder between a first end (the rod end at 622) of the cylinder and the first piston;
a second piston (630) slidably positioned within the cylinder and movable relative to the first piston such that a second chamber (611) is defined within the cylinder between the first piston and the second piston, and a third chamber (614) is defined between the second piston and a second end (the rightmost end as seen in Fig. 6) of the cylinder; and
a rod (622) coupled between the first piston and a harvesting implement (arm 123 of reel 120) of the agricultural harvester (10),
wherein, when supplied to the second chamber or the third chamber (via connection between driving port 645 and activating port 615), the auxiliary flow of pressurized fluid causes movement of the rod relative to the cylinder such that a position of the harvesting implement is adjusted (see col. 7, ln. 60-col. 8, ln. 28), as per claim 1.
Dependent Claims 2-3, 10: Cook further discloses wherein:
the first chamber (the chamber to the left of piston 620 as seen in Fig. 6) and the second chamber (611) are fluidly coupled to the primary power circuit (510, as seen in Fig. 5); and
the third chamber (614) is fluidly coupled to the auxiliary power circuit (640), as per claim 2;
wherein the second piston (630) fluidly isolates (this naturally follows from the description of the actuator functionality described in col. 7, ln. 60-col. 8, ln. 28) the primary flow of pressurized hydraulic fluid (of 510) and the auxiliary flow of pressurized hydraulic fluid (of 640), as per claim 3;
wherein the auxiliary power circuit (640) and the primary power circuit (510) are independently operable (as described in col. 8, lns. 23-28, the auxiliary power circuit 640 could be a cylinder that is only utilized to displace second piston 30 and this is in addition to the connection of the actuator to primary power circuit 510, so they must operate independently in order to prevent redundancy), as per claim 10.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cook et al. in view of Elliott 2,766,673.
Dependent Claims 4: Cook discloses the system as applied above. However, Cook fails to specifically disclose wherein the second piston comprises one or more seals to isolate the primary flow of pressurized hydraulic fluid and the auxiliary flow of pressurized hydraulic fluid, as per claim 4.
Elliott discloses a similar hydraulic actuator (26) wherein the piston (28) comprises one or more seals (42) to isolate fluid flow between the actuator chambers, as per claim 4.
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 piston seal of Elliott on the piston of Cook’s hydraulic actuator in order to prevent leakage which decreases accuracy in positioning and create energy inefficiencies.
Claim(s) 12-14, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cook et al. in view of Brome US 2004/0014509 A1.
Independent Claim 12: Cook discloses an agricultural harvester (10), comprising:
a frame (11);
a threshing assembly (16) configured to process harvested crop material;
a primary power circuit (510) configured to selectively generate a primary flow of pressurized hydraulic fluid;
an auxiliary power circuit (640, Fig. 6) configured to selectively generate an auxiliary flow of pressurized hydraulic fluid; and
a hydraulic actuator (600, Fig. 6) comprising:
a cylinder (601);
a first piston (620) slidably positioned within the cylinder such that a first chamber (the unnumbered chamber to the left of piston 620 as seen in Fig. 6) is defined within the cylinder between a first end (the end at rod 622) of the cylinder and the first piston;
a second piston (630) slidably positioned within the cylinder and movable relative to the first piston such that a second chamber (611) is defined within the cylinder between the first piston and the second piston, and a third chamber (614) is defined between the second piston and a second end (the rightmost end as seen in Fig. 6) of the cylinder; and
a rod (622) coupled between the first piston and the harvesting implement (arm 123 of reel 120),
wherein, when supplied to the second chamber or the third chamber (via connection between driving port 645 and activating port 615), the auxiliary flow of pressurized fluid causes movement of the rod relative to the cylinder such that a position of the harvesting implement is adjusted (see col. 7, ln. 60-col. 8, ln. 28), as per claim 12.
However, Cook fails to specifically disclose wherein the primary power circuit is configured to power the threshing assembly, as per claim 12.
Brome discloses a similar agricultural harvester wherein the primary power circuit (56, 50) is configured to power the threshing assembly (30), as per claim 12.
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 hydrostatic threshing rotor drive of Brome on the harvester of Cook in order to provide an efficient drive and improved torque transfer of the threshing rotor.
Dependent Claims 13-14, 20: Cook further discloses wherein:
the first chamber (the chamber to the left of piston 620 as seen in Fig. 6) and the second chamber (611) are fluidly coupled to the primary power circuit (510, as seen in Fig. 5); and
the third chamber (614) is fluidly coupled to the auxiliary power circuit (640), as per claim 13;
wherein the second piston (630) fluidly isolates (this naturally follows from the description of the actuator functionality described in col. 7, ln. 60-col. 8, ln. 28) the primary flow of pressurized hydraulic fluid (of 510) and the auxiliary flow of pressurized hydraulic fluid (of 640), as per claim 14;
one or more release valves (any of 202, 203, or 615) configured to allow hydraulic fluid to be released from the cylinder (600), as per claim 20.
Allowable Subject Matter
Claims 5-9, 11 and 15-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892. Preimess et al. 11,399,453 shows a similar system in Fig. 3, however, Preimess does not address where the connections P1, T, and P2 lead and so it is unclear if the actuator chambers connect to the power circuits as claimed.
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, Joseph M. Rocca, can be reached at (571) 272-8971.
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 April 17, 2026
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