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 .
DETAILED ACTION
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “807” (fig 6B) has been used to designate both throttling valve and cylinder (referenced also as 801). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: par. 69, guiding device 3 should be guiding device 5.
Appropriate correction is required.
The ABSTRACT language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc.
In this case “Described” should be deleted.
Claim Objections
Claim 6 is objected to because of the following informalities: typo: “merger)” should be – merger --. Appropriate correction is required.
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 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.
Claims 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ubaldi (9521807).
It should be noted that the recitation “for," "movable," "configured to” etc. is considered as merely an intended use. Applicants attention is drawn to MPEP 2111.02 which states that intended use statements must be evaluated to determine whether the intended use results in a structural difference between the claimed invention and the prior art. Only if such structural difference exists, does the recitation serve to limit the claim. If the prior art structure is capable of performing the intended use, then it meets the claim.
Since it is the language itself of the claims which must particularly point out and distinctly claim the subject matter which the applicant regards as his invention, without limitations imported from the specification, whether such language is couched in terms of means plus function or consists of a detailed recitation of the inventive matter. Limitations in the specification not included in the claim may not be relied upon to impart patentability to an otherwise unpatentable claim. In re Lundberg, 113 USPQ 530 (CCPA 1957).
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“(42) In the embodiment illustrated, the adjustment means 4 are designed to allow the setting of the angle delimited between the rear portion 101a and the bar [4] 3.”
19. A windrow merger for collecting agricultural products from a field in an advancing direction, comprising:
a frame (101);
a pick up device for picking up the agricultural products (102);
a conveyor, connected to the frame and configured to receive the agricultural products from the pick up device and moving them in a conveying direction, oriented horizontally and transversal to the advancing direction (unloading means or conveyor 106);
a guiding device, placed upstream of the pick-up device with respect to the advancing direction and configured for guiding the agricultural products towards the conveyor (5),
wherein the guiding device is movable between a lowered position, proximal to the pick-up device, and a raised position, distal from the pick-up device (marked up, capability taught in par. 42);
a support structure, for movably supporting the guiding device, the support structure including a first arm and a second arm (supporting body 2 or bars 3), each having a first end connected to the guiding device and a second end articulated to the frame (shown above), so that the support structure is pivotable with respect to the frame around a pivoting axis parallel to the conveying direction (intended capability is shown/taught above);
wherein the guiding device, in the lowered position, is at a first quote from the ground (marked up), the pivoting axis being located at a second quote from the ground (marked up), a ratio between the second quote and the first quote being less than or equal to 5 (shown/taught above).
[AltContent: textbox (Support surface upward from a lower end to an upward end to support the support structure / bars)]
[AltContent: textbox (Crosspiece to which the uprights are fixed)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Upright (similarly on the other side))]
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20. The windrow merger according to claim 19, wherein frame includes: a crosspiece oriented transversal to the advancing direction (marked up);
a first and a second upright fixed to the crosspiece to project upwards (marked up);
a support surface extending from the crosspiece upwards (marked up),
wherein the first and the second uprights are fixed to the crosspiece at one end and to the support surface at the other end,
the support surface being foldable downwards and upwards in response to the rotation of the support structure about the axis of oscillation (as taught above, in par 42, the support surface is supporting the bars or support elements, which are angularly adjusted with the actuator 4).
Allowable Subject Matter
Claims 1-18 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
actuating structure (7) including: a rod (701) extending parallel to the conveying direction (C) between a first end (701 A) a second end (701 B) and rotatably connected to the first and second uprights (202A,202B), at the first and second end (701A,702A), respectively, to rotate along a rotation axis (Y), the rotation axis (Y) being parallel to the pivoting axis (X), a first bar (702) and a second of bar (703) connected to the first arm (601) and the second arm (602), respectively, each of said first and second bar (702,703) being connected to the respective arm (601,602) at a driving point (D), located between the first and the second end of the arm (601 A,602A,601 B,602B), and being connected to the rod (701), so that a rotation of the rod (701) around the rotation axis (Y) is kinematically linked to a rotation of the support structure (6) around the pivoting axis (X), through the first and the second bar (702,703); an actuator (8), connected to the frame and to the rod (701) so that a position of the actuator (8) is kinematically linked to the angular position of the rod around the rotation axis (Y),
including in the combination and as claimed in claim 1 (apparatus) and claim 12 (method):
cl. 1: A windrow merger for collecting agricultural products from a field in an advancing direction, comprising:
a frame, having a crosspiece oriented transversal to the advancing direction, and a first and a second upright fixed to the crosspiece to project upwards;
a pick up device for picking up the agricultural products;
a conveyor, connected to the frame and configured to receive the agricultural products from the pick up device and moving them in a conveying direction, oriented horizontally and transversal to the advancing direction;
a guiding device, placed upstream of the pick-up device with respect to the advancing direction and configured for guiding the agricultural products towards the conveyor (5), wherein the guiding device is movable between a lowered position, proximal to the pick-up device, and a raised position, distal from the pick-up device;
a support structure, for movably supporting the guiding device, the support structure including a first arm and a second arm, each having a first end connected to the guiding device and a second end articulated to the frame, so that the support structure is pivotable with respect to the frame around a pivoting axis parallel to the conveying direction;
an actuating structure including a rod extending parallel to the conveying direction between a first end a second end and rotatably connected to the first and second uprights, at the first and second end, respectively, to rotate along a rotation axis,
the rotation axis being parallel to the pivoting axis, a first bar and a second of bar connected to the first arm and the second arm, respectively, each of said first and second bar being connected to the respective arm at a driving point, located between the first and the second end of the arm, and being connected to the rod,
so that a rotation of the rod around the rotation axis is kinematically linked to a rotation of the support structure around the pivoting axis, through the first and the second bar; an actuator, connected to the frame and to the rod so that a position of the actuator is kinematically linked to the angular position of the rod around the rotation axis.
Cl. 12: A method for forming windrows through a windrow merger which collects agricultural products from a field, comprising the following steps: - moving the windrow merger in an advancing direction; - picking up the agricultural products through a pickup device of the windrow merger; - moving the picked up agricultural products through a conveyor in a conveying direction, oriented horizontally and transversal to the advancing direction; - providing a guiding device placed upstream of the pick-up device with respect to the advancing direction, for guiding the agricultural products towards the conveyor, the guiding device being movable between a lowered position, proximal to the pick-up device, and a raised position, distal from the pick-up device; - movably supporting the guiding device by means of a support structure articulated to a frame of the windrow merger, to pivot around a pivoting axis parallel to the conveying direction; - providing an actuating structure, including a rod extending parallel to the conveying direction and rotatably connected to the frame to rotate about a rotation axis, the rotation axis being parallel to the pivoting axis, bars for connecting the support structure to the rod, an actuator, connected to the frame and to the rod, so that the movements of the guiding device between the lower position and the upper position, by rotation of the support structure around the pivoting axis, are kinematically linked to a position of the actuator through the rotation of the rod around the rotation axis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892.
Gantzer (9192102) teaches in fig 1, two uprights 28, conveyor 14, guiding device 17, support 22 movably supporting the guiding device about a pivoting axis (fig 6).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARPAD FABIAN-KOVACS whose telephone number is (571) 272-6990. The examiner can normally be reached Mo-Th.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached on (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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/ARPAD FABIAN-KOVACS/
Primary Examiner, Art Unit 3671