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 Objections
Claims 27 and 30 are objected to because of the following informalities:
Claim 27, line 2 recites “wherein the cultivating unit into the inner position”, should read – wherein adjusting the cultivating unit into the inner position –.
Claim 30, lines 8-9 recites “while the booms are in the side position can have each cultivating unit are adjustable “, should read – while the booms are in the side position can have each cultivating unit adjust –.
Claim 30, line 17 recites “has been at least performed at least partially”, should read – has been performed at least partially –.
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.
Claim 25 is 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 recitation "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See, MPEP § 2173.05(d). In this regard, it is unclear if the angle is required to be between 70 - 120 degrees or between 75 - 115 degrees.
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) 16-17, 19-26, and 29-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stamp et al. (EP 2042023 A1).
Regarding claim 16, Stamp et al. teaches a method (method of adjusting [1]) for adjusting a haymaking machine ([1]; see Col. 1, lines 3-12) into a transport position (see Fig. 3), wherein the haymaking machine includes a main frame [2] and two side units [8] arranged to both sides on the main frame (see Fig. 1), each side unit having a boom ([11]; arm that supports connection of the side unit to the main frame, and allows for pivoting and lifting of the side unit into the transport position, see Col. 3, lines 43-56), which in a side position (see Fig. 1) extends sidewards along a transverse axis (see below) from an attachment region (see below) of the main frame, and a cultivating unit (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27) , arranged on the boom, for field cultivation, said cultivating unit being adjustable on the boom between an inner position (see Fig. 3) arranged relatively close to the attachment region (cultivating units are pivoted close to the attachment region and main frame) and an outer position (see Fig. 1) that is further remote from the attachment region (cultivating units are spaced from the attachment region and main frame), wherein, starting from a working position (outer position is the working position, see Fig. 1) in which the booms are in the side position, the following steps are performed comprising of:
adjusting each cultivating unit (adjusts by swinging about hinge [13], see Col. 3, lines 52-56) relative to the main frame into an upright position (see Fig. 2), at least in part by pivoting about, in each case, one unit pivot axis (axis of hinge [13]) which, when the booms are in the side position, extends at least predominantly along the transverse axis (see Col. 3, lines 47-52);
adjusting the booms relative to the main frame (adjusts by swinging about hinge [9], see Col. 3, lines 30-42), at least in part by pivoting about in each case one boom pivot axis (axis of hinge [9]), which extends at least predominantly along a vertical axis (see Col. 3, lines 33-37) and is arranged in the attachment region (see below), towards the longitudinal axis (axis of [A]) into a longitudinal position (see Fig. 3), wherein the adjustment of the booms is performed while the cultivating units are at least temporarily in the outer position (adjustment of the booms into the transport position is performed with the cultivating unit in the outer position, see Figs. 1-3); and
adjusting the cultivating units into the inner position after the adjustment of the booms has been at least performed at least partially (after booms lift the cultivating unit, it’s adjusted into the inner position of Fig. 3; see Col. 4, lines 34-37).
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Regarding claim 17, Stamp et al. teaches adjusting the cultivating units (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27) into the upright position (see Fig. 2) before the booms [11] are adjusted into the longitudinal position (see Fig. 3; see Col. 4, lines 29-37).
Regarding claim 19, Stamp et al. teaches wherein the main frame [2] includes a drawbar [3] which extends forwards relative to the attachment region (see above) with respect to the longitudinal axis (axis of [A]) and towards which the booms [11] are pivoted into the longitudinal position (see Fig. 3).
Regarding claim 20, Stamp et al. teaches adjusting (adjusted into the outer position before the cultivating unit is lifted to the transport position, see Figs. 1-3) the cultivating units (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27) into the outer position (see Fig. 1) before the adjustment (adjustment to the transport position begins with the cultivating units in the outer position, see Figs. 1-3) of the booms [11].
Regarding claim 21, Stamp et al. teaches adjusting (adjusts by swinging about hinge [13], see Col. 3, lines 52-56) each cultivating unit (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27) into the upright position (see Fig. 2) relative to the boom ([11]; cultivating unit rotates about the boom through hinge [13] to the upright position, therefore, rotates relative to the boom, see Col. 3, lines 52-54).
Regarding claim 22, Stamp et al. discloses adjusting the haymaking device as disclosed above, as well as wherein each cultivating unit (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27) is connected at least indirectly to the boom [11] via a middle link [9] and two side links [12 and 13] which are laterally offset relative to said middle link along the transverse axis (see below) and which are at least partially vertically offset (see below; side links are higher than middle link in relation to the vertical axis) relative to said middle link along the vertical axis (see below),
wherein the middle link and the side link are mutually independently pivotably connected on both sides (see Col. 3, lines 33-42 and 47-54 and Col. 4, lines 1-4), and wherein, before the cultivating unit is adjusted into the upright position (see Fig. 2), the cultivating unit is, at least in part, adjusted upwards relative to the boom from a lowered position into a raised position by adjustment of at least one of the links (adjusted upwards through link [12], follows contour of ground; therefore, adjusted between lowered and raised positions, see Col. 4, lines 1-4).
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Regarding claim 23, Stamp et al. teaches wherein the cultivating unit (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27) is movably connected to a suspension frame ([10]; frame that connects cultivating unit to the boom, allowing for pivoting between the working and transport positions, therefore, acting as a suspension frame, see Col. 3, lines 43-54), and further comprising adjusting the cultivating unit into the upright position (see Fig. 3) by virtue of the suspension frame being pivoted relative (boom lifts the cultivating unit and suspension frame; therefore, suspension frame is pivot upright relative to the boom, see Col. 3 lines 52-56) to the boom [11] about the unit pivot axis (axis of hinge [13]).
Regarding claim 24, Stamp et al. teaches wherein the cultivating unit (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27) is locked on the suspension frame [10] by actuator means (locked through connection to boom [11] and hydraulic cylinder, not shown; can’t move into the transport position until hydraulic cylinder activates, therefore is locked, see Col. 3, lines 50-56) before the suspension frame is pivoted about the unit pivot axis (axis of hinge [13]).
Regarding claim 25, Stamp et al. teaches wherein each cultivating unit (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27) is pivoted through an angle (cultivating unit is pivoted between lowered and upright positions about unit pivot axis, see Figs. 1-2; therefore, pivoted about 90° in relation to ground) of between 70° and 120°, preferably between 75° and 115°, about the unit pivot axis (axis of hinge [13]).
Regarding claim 26, Stamp et al. teaches wherein each said boom [11] includes a pivoting portion [13], which is pivotably connected to the attachment region (see above; see Col. 3, lines 47-54), and a sliding portion (hydraulic cylinder attached to boom, not shown, but extends and retracts to lift cultivating unit, see Col. 3, lines 54-56; therefore, is a sliding portion), which is slidably connected to the pivoting portion (see Col. 3, lines 47-56) and on which the cultivating unit (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27) is arranged, wherein the adjustment of the cultivating unit between the inner position (see Fig. 3) and the outer position (see Fig. 1) is performed by translational sliding of the sliding portion (hydraulic cylinder lifts cultivating unit, moving between the inner and outer positions; see Col. 3, lines 54-56) on the pivoting portion.
Regarding claim 29, Stamp et al. teaches wherein the haymaking machine ([1]; see paragraph [0001], lines 3-12) is designed as a windrower, and each cultivating unit (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27) is designed as a windrower unit which has a pickup device (not shown but present, see Col. 4, lines 14-19) and a transverse conveyor device [16], wherein the pickup device is configured to pick up agricultural crops from the ground and transfer said crops to the transverse conveying device (see Col. 4, lines 38-41), and the transverse conveying device is configured to convey the transferred crops along the transverse axis (see above) and deposit said crops in the form of a windrow on the ground (deposits crops laterally, see Col. 4, lines 38-41).
Regarding claim 30, Stamp et al. teaches a haymaking machine ([1]; see paragraph [0001], lines 3-12) comprising of:
a main frame [2] and two side units [8] arranged to both sides on the main frame, each side unit having a boom ([11]; arm that supports connection of the side unit to the main frame, and allows for pivoting and lifting of the side unit into the transport position, see Col. 3, lines 43-56), which in a side position (see Fig. 1) extends sidewards along a transverse axis (see below) from an attachment region (see below) of the main frame, and a cultivating unit (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27), arranged on the boom, for field cultivation, said cultivating unit having being adjustable on the boom between an inner position (see Fig. 3) arranged relatively close to the attachment region (cultivating units are pivoted close to the attachment region and main frame) and an outer position (see Fig. 1) that is further remote from the attachment region (cultivating units are spaced from the attachment region and main frame), wherein the haymaking machine from a working position (outer position is the working position, see Fig. 1) in which the booms are in the side position can have each cultivating unit adjust relative to the main frame (adjusts by swinging about hinge [13], see Col. 3, lines 52-56) into an upright position (see Fig. 2), at least in part by pivoting about in each case one unit pivot axis (axis of hinge [13]) which, when the booms are in the side position, extends at least predominantly along the transverse axis (see Col. 3, lines 47-54) and
the booms adjustable relative to the main frame (adjusts by swinging about hinge [9], see Col. 3, lines 30-42), at least in part by pivoting about in each case one boom pivot axis (axis of hinge [9]), which extends at least predominantly along a vertical axis (see Col. 3, lines 33-37) and is arranged in the attachment region (see below), towards the longitudinal axis (axis of [A]) into a longitudinal position (see Fig. 3), wherein the adjustment of the booms is performed while the cultivating units are at least temporarily in the outer position (adjustment of the booms into the transport position is performed with the cultivating unit in the outer position, see Figs. 1-3), and the cultivating units are adjustable into the inner position after the adjustment of the booms has been at least performed at least partially (after booms lift the cultivating unit, it’s adjusted into the inner position of Fig. 3; see Col. 4, lines 34-37).
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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.
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) 18 and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Stamp et al. (EP 2042023 A1) in view of Austin et al. (HU 0104703 A2).
Regarding claim 18, Stamp et al. teaches adjusting the haymaking device as disclosed above, as well as wherein the booms [11] are pivoted (see Figs. 1-3) in relation to a direction of travel [A], but fails to disclose the booms are pivot forwards.
Austin et al. discloses a similar towed agricultural support frame ([20]; while not explicitly for haymaking, the towed frame could be applied to a haymaker device) with two side units [12 and 14] pivoted forwards (see Figs. 1-2) in relation to a direction of travel (see below).
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the direction of pivoting of Stamp et al. with the direction of pivoting of Austin et al. since both are directions to pivot the frame from a working position to a transport position; therefore, yielding the same predictable result.
Regarding claim 27, Stamp et al. teaches adjusting the haymaking device as disclosed above, as well as adjusting the cultivating unit (conveyor [16], cutter units and rotor, not shown but present, see Col. 4, lines 5-9, 13-19 and 23-27) into the inner position (see Fig. 3), but fails to disclose wherein adjusting the cultivating unit into the inner position gives rise to positive engagement between the side unit and the main frame, which positive engagement prevents the boom from pivoting out of the longitudinal position.
Austin et al. discloses a similar towed agricultural support frame ([20]; while not explicitly for haymaking, the towed frame could be applied to a haymaker device) wherein adjusting the cultivating unit (side units of [12 and 14]) into the inner position (see Fig. 3; position in which the cultivating unit is close to the main beam [40] and therefore the attachment region) gives rise to positive engagement (through connection between rollers [60 and 62] and plate [68], see Figs. 2-3) between the side unit [12 and 14] and the main frame [40].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the rollers and plate of Austin et al. on the haymaker of Stamp et al. in order to lock the side units to the main frame when in the inner position for safety while transporting; therefore, preventing the boom from pivoting out of the longitudinal position.
Regarding claim 28, Austin et al., of the above resultant combination, further discloses a positive engagement (see Figs. 2-3) is established between a first locking element [68], which is connected to the main frame [40], and a second locking element [60 or 62], which is connected to the cultivating unit (side units of [12 and 14]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for the full list of references.
Reference US 10076071 B2 discloses a similar haymaking device [1] comprising a boom [7] and inner (see Fig. 3) and outer position (see Fig. 4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNNY WEBB whose telephone number is (571)272-3830. The examiner can normally be reached Monday - Friday 8:30 to 5:30 E.T..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph 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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/SUNNY D WEBB/Examiner, Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671