DETAILED ACTION
The preliminary amendments to the claims, filed 3/9/2026, have been entered.
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 .
Election/Restrictions
Applicant's election with traverse of the restriction in the reply filed on 3/9/2026 is acknowledged. The traversal is on the ground(s) that the two-prong test for a combination-subcombination has not been met. This is found persuasive.
The restriction requirement has been withdrawn.
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 (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 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) 1-4, 6, 8-15, 17, 18, and 20-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matousek, et al. US20170164559.
Regarding claim 1, Matousek, et al. teaches a cover 58 for a threshing concave or separator grate of a crop threshing assembly (Figure 10), the cover comprising:
a first body portion (Figure 19- left segment including 72) including:
a leading end (left side of 72 in Figure 19);
a trailing end (right side of 72 shown in Figure 19) opposite the leading end;
a first lateral side (front facing of 72 part of 104); and
a second lateral side (opposite of front facing) opposite the first lateral side;
a first passage (supporting 118, wherein the c-shaped element supporting 118 formed from 104 are considered a passage since they form at least an open-sided enclosure for 118)) formed through the leading edge, the first passage defining a first axis (longitudinal axis from upper right to lower left of Figure 19) that extends laterally between the first lateral side and the second lateral side; and
a notch 111/112 formed in the first body portion (Figure 19) and extending from the trailing end towards the leading end.
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Figure A: annotated from Figure 19
Regarding claim 2, Matousek, et al. teaches the notch is V-shaped (wherein 111 and 112 is generally v-shaped since it has two sides and a bottom).
Regarding claim 3, Matousek, et al. teaches the notch comprises a plurality of notches (Figure 19a shows the plurality) formed in the first body portion (Figure 19).
Regarding claim 4, Matousek, et al. teaches the plurality of notches are uniformly distributed (as shown in Figure 19a) along the trailing edge.
Regarding claim 6, Matousek, et al. teaches a first raised portion (one of the flange shown on 104 in Figure 19, and shown in Figure A, annotated from Figure 19) formed on the first body portion (Figure 19); and
a first bore (supporting 118) extending through the first raised portion, the first bore defining a second axis (co-incident with the first axis) extending laterally.
Regarding claim 8, Matousek, et al. teaches the first raised portion is laterally positioned at a central location (within the exterior surfaces defined by 104. It is noted that the term “central location” is broad, thus is given its broadest reasonable interpretation to be a location that is inside the outer surface of the body) along the body.
Regarding claim 9, Matousek, et al. teaches the first raised portion is positioned adjacent to the second lateral side as shown in Figure 19.
Regarding claim 10, Matousek, et al. teaches a second raised portion (inside of face 104 on left side of Figure 19); and
a second bore (to support 118) extending through the first raised portion, the second bore aligned with the first bore, wherein the first raised portion is positioned at a location adjacent to the first lateral side (wherein the above described first and second lateral sides can be switched such that the first raised portion is adjacent the first lateral side), and wherein the second raised portion is positioned at a location adjacent to the second lateral side (wherein the first and second lateral sides as described above can be selected to be switched such that the first raised portion is adjacent to the first lateral side. Figure 19 shows the raised portions of forward and rearward surfaces 104 adjacent the lateral sides).
Regarding claim 11, Matousek, et al. teaches a second body portion (middle curvature 104 shown in Figure 19), the second body portion joined with the first body portion (Figure 19) at the leading edge, the second body portion including: a distal end (equivalent to the distal end of the first body portion) defining a second passage (to support 120) defining a second axis (co-incident with the first axis) that extends laterally, wherein the first body portion (Figure 19) and the second body portion are flexibly coupled to define a living hinge 120 (wherein the term “living hinge” is broad, and thus given its broadest reasonable interpretation to be a hinge. 120 provides relative rotation for the central curved unit, therefore is considered a living hinge).
Regarding claim 12, Matousek, et al. teaches a crop processing apparatus (Figure 10) in a threshing assembly (Figure 8) of an agricultural machine (Figure 1), the crop processing apparatus (Figure 10) comprising:
a frame (Figure 8, external frame) including:
a first frame rail (front frame portion of 90); and
a second frame rail (rear frame portion of 90) offset from the first frame rail;
a shaft 118 extending between the first frame rail and the second frame rail; and
a cover 58 extending between the first frame rail and the second frame rail, the cover including:
a first body portion (Figure 19) including:
a leading end (left side of 72 in Figure 19);
a trailing end (right side of 72 shown in Figure 19) opposite the leading end;
a first lateral side (front facing of 72 part of 104); and
a second lateral side (opposite of front facing) opposite the first lateral side;
a first passage (supporting 118) formed along the leading end, the opening first passage defining a first axis (longitudinal axis from upper right to lower left of Figure 19) that extends laterally between the first lateral side and the second lateral side, the shaft disposed in the first passage, the cover pivotably movable on the shaft about the first axis; and
a notch 111/112 formed in the first body portion (Figure 19) and extending from the trailing end towards the leading end.
Regarding claim 13, Matousek, et al. teaches the notch is V-shaped (wherein 111 and 112 is generally v-shaped since it has two sides and a bottom).
Regarding claim 14, Matousek, et al. teaches the notch comprises a plurality of notches (Figure 19a shows the plurality) formed in the first body portion (Figure 19).
Regarding claim 15, Matousek, et al. teaches the plurality of notches are uniformly distributed (as shown in Figure 19a) along the trailing end.
Regarding claim 17, Matousek, et al. teaches a linkage 134/136 (shown in Figure 16) pivotably connected to the cover (as shown in Figure 16), the cover pivotable about the first axis in response to movement of the linkage 134/136.
Regarding claim 18, Matousek, et al. teaches the cover further includes :a first raised portion (one of the flange shown on 104 in Figure 19, and shown in Figure A, annotated from Figure 19) formed on the first body portion (Figure 19); and
a first bore (supporting 118) extending through the first raised portion, the first bore defining a second axis (co-incident with the first axis) extending laterally, wherein the linkage 134/136 is pivotably connected to the cover via a second shaft 119 (shown in figure 13) disposed in the first bore (wherein 119 is aligned with the bore thru 104 and 105).
Regarding claim 20, Matousek, et al. teaches the cover further includes a second body portion (middle curvature 104 shown in Figure 19), the second body portion joined with the first body portion (Figure 19) at the leading end, the second body portion including:
a distal end defining a second passage defining a second axis (co-incident with the first axis) that extends laterally, wherein the first body portion (Figure 19) and the second body portion are flexibly coupled to define a living hinge 120.
Regarding claim 21, Matousek, et al. teaches the linkage 134/136 comprises:
a spine (the elongated vertically oriented part of 136, annotated in Figure B, below); and
at least one finger (the short horizontally oriented part adjacent 118) extending from the spine, the at least on finger connected to the cover.
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Figure B: annotated Figure 14
Regarding claim 22, Matousek, et al. teaches the at least one finger includes a compliance portion having an S-shape (wherein the finger is curved, thus is considered s-shaped).
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.
The factual inquiries 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.
Claim(s) 5, 7, 16, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matousek, et al. in view of Jung, et al. US2023/0157212.
Regarding claim 5, Matousek, et al. teaches the claim, as described above, but does not teach a bushing disposed in the first passage. Regarding claim 7, Matousek, et al. teaches the claim, as described above, but does not teach a bushing disposed in the first bore. Regarding claim 16, Matousek, et al. teaches the claim, as described above, but does not teach a bushing disposed in the first passage, wherein the shaft extends through an opening formed in the bushing. Regarding claim 19, Matousek, et al. teaches the claim, as described above, but does not teach a bushing disposed in the first bore, and wherein the second shaft extends through an opening formed in the bushing.
Jung, et al. teaches that it is well-known in the art to provide a bushing/bearing 120(wherein a bushing and bearing are equivalent to each other) to “a second lever 118, which is rotatably supported via a second bearing 120 on the lower end of the portion 94” ¶0033, for a harvester frame 12 concave (Figure 2).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date. to modify Matousek, et al.’s first passage and first bore to include Jung, et al.’s bushing/bearing to provide rotatable support for the elements of Matousek that are pivoting and hinged. This provides easier pivoting movement due to reduced friction by including the bushing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maney, et al. US 20200236860 teaches slats 14 with v-shaped notches (figure 6) that pivot on 18.
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/CATHLEEN R HUTCHINS/Primary Examiner, Art Unit 3672 4/7/2026
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