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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Assie et al. (US 20090188224 A1).
Regarding claim 1, Assie discloses a rotary cutter (rotary mower 1, Fig. 1), comprising:
a gear box (5L);
a sensor (13) coupled to the gear box and configured to measure a condition of the gear box (para. [0027] “Temperature sensors 13 are provided in each gearbox 5 and are operative to measure a temperature of each gearbox”);
a light source (17) coupled to the gear box (para. [0027] alarm 17 is operatively coupled to gearboxes 5, note light source implicit in “visible alarm signal”); and
processing circuitry (inherent in method described in para. [0027]) communicatively coupled to the sensor and the light source, wherein the processing circuitry is configured to cause the light source to illuminate in response to determining that a measurement from the sensor satisfies a criterion (para. [0027] “alarm 17 is operative to alert the operator, with an audible or visible alarm signal, that the temperature of a gearbox 5 exceeds the maximum acceptable temperature”).
Regarding claim 2, Assie discloses the rotary cutter of Claim 1, wherein the rotary cutter (1) further comprises a blade (3) coupled to an output (para. [0013] “output shafts connected to right and left gear boxes at the top of the right and left blade assemblies”) of the gear box and a drive member (7) coupled to an input (11L) of the gear box (5L), wherein the gear box comprises gears configured to transfer rotation of the drive member to rotation of the blade (para. [0026]).
Regarding claim 3, Assie discloses the rotary cutter of Claim 1, wherein the sensor (13) is disposed inside the gear box (para. [0027] “Temperature sensors 13 are provided in each gearbox 5”).
Regarding claim 6, Assie discloses the rotary cutter of Claim 1, wherein the sensor (13) is a temperature sensor (“temperature sensors 13”) and the criterion comprises a threshold temperature (alarm 17 alerts operator when temperature of gearbox exceeds “maximum acceptable temperature”, para. [0027]).
Claims 1-3, 5, and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Honeyman et al. (US 20220377983 A1).
Regarding claim 1, Honeyman discloses a rotary cutter (200, Fig. 2), comprising:
a gear box (304);
a sensor (308) coupled to the gear box and configured to measure a condition of the gear box (para. [0032] “oil level indicator 308 may enable detection of the amount of oil in the gearbox”);
a light source (508) coupled to the gear box (para. [0038] indicator lights 508 on display panel 502 are operatively coupled to gearbox); and
processing circuitry (control unit 500 + processing unit described in para. [0046]) communicatively coupled to the sensor and the light source, wherein the processing circuitry is configured to cause the light source to illuminate in response to determining that a measurement from the sensor satisfies a criterion (para. [0045] If the amount of oil in the gearbox is determined to be below a predetermined threshold, the display panel 502 will display a warning designed to notify the operator of a low oil amount, e.g. using a flashing indicator, a different color, see bottom of para. [0038]).
Regarding claim 2, Honeyman discloses the rotary cutter of Claim 1, wherein the rotary cutter (200) further comprises a blade (206) coupled to an output (Fig. 4, output shafts extending upward from gearbox connecting to blades 206) of the gear box and a drive member (mechanical drive power provided by agricultural vehicle 100, para. [0029]) coupled to an input (214) of the gear box, wherein the gear box comprises gears configured to transfer rotation of the drive member to rotation of the blade (para. [0029-0030]).
Regarding claim 3, Honeyman discloses the rotary cutter of Claim 1, wherein the sensor (308) is disposed inside the gear box (302) (Fig. 3, disposed at least partially within gearbox for measuring oil surface 310).
Regarding claim 5, Honeyman discloses the rotary cutter of Claim 1, wherein: the processing circuitry (500) is physically spaced apart from the gear box (para. [0025,0038] control unit carried in agricultural vehicle 100);
the rotary cutter (200) comprises a cable extending from the processing circuitry and circuitry positioned at the gear box configured to provide electrical connection between the cable, the sensor, and the light source (known from para. [0034-0035] sensors of Honeyman are configured to send a signal, e.g. “via wired or wireless connection” representing detected values to the control system 500, which relays the information to the operator as a warning/flashing light on graphical user interface).
Regarding claim 10, Honeyman discloses the rotary cutter of Claim 1, further comprising an additional sensor (306) spaced apart from the gear box (302) (Fig. 3), wherein the additional sensor is configured to measure a condition of a portion of the rotary cutter (200) other than the gear box (para. [0033] sensor 306 measures header angle).
Regarding claim 11, Honeyman discloses the rotary cutter of Claim 10, wherein the rotary cutter (200) comprises a mower deck (208) and the additional sensor is coupled to the mower deck (Fig. 3, para. [0033]).
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.
Claims 4, 7-9, and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Assie or Honeyman as applied to claim 1 above, and further in view of Woodroffe et al. (US 6425293 B1).
Regarding claim 4, Assie or Honeyman discloses the rotary cutter of Claim 1, but fails to disclose the following details:
wherein the gear box comprises a cover;
the cover comprises a port;
a plug positioned in the port; and
the sensor is disposed on the plug such that the sensor is inside the gear box; and
a wire extending from the sensor, through the plug, and out of the gear box via the port.
However, such a sensor plug configuration for a gearbox is old and known.
Woodroffe discloses a sensor plug (130) for monitoring an oil and/or case temperature of a gearbox (102) used in rotating machinery (see Fig. 1 and Abstract), wherein:
the gear box comprises a cover (116);
the cover comprises a port (132);
a plug (130) is positioned in the port;
a sensor (170) is disposed on the plug such that the sensor is inside the gear box (col. 6 lines 9-12); and
a wire (electrical leads 144 include temperature wire 164) extending from the sensor, through the plug, and out of the gear box via the port (Fig. 2A-2B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to design the gearbox and sensor arrangement of Assie or Honeyman with a wire, plug, and port arranged in the manner as disclosed by Woodroffe, as this was an old and well-known means for configuring an internal temperature sensor for monitoring temperature within a gearbox to yield predictable results.
Regarding claim 7, Assie discloses the rotary cutter of Claim 1, wherein the sensor is a temperature sensor instead of an accelerometer, and wherein the criterion is a threshold temperature instead of a threshold vibration frequency/amplitude.
However, Assie in para. [0007] teaches that monitoring conditions such as temperature and vibration is known in various rotating equipment to detect defects, and further cites Woodroffe for the teaching that excessive vibration in the gearbox is an indication of malfunction. Woodroffe therefore discloses a vibration sensor 166 in the form of a piezoelectric accelerometer (col. 9 lines 2-3) wherein when it is determined that excessive vibration is occurring, an alarm may be issued to notify the operator (col. 16 lines 34-37).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to design the sensor assembly of Assie to include a vibration sensor, as disclosed by Woodroffe, in order to additionally notify an operator of malfunctions such as broken gear teeth, worn bearings, misaligned shafts, and/or lodged foreign particles which can lead to machine failure (Woodroffe at col. 1 lines 43-49).
Regarding claim 8, Assie or Honeyman discloses the rotary cutter of Claim 1, but does not explicitly detail wherein the light source (17) is positioned on the gear box.
Woodroffe teaches a gearbox detailed above, wherein the processing unit indicates operating conditions of the gearbox through an indicator (149) comprising light-emitting diodes positioned on the gearbox (Fig. 1. col. 5 lines 44-48).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to position the light source of Assie or Honeyman on the gearbox, since there are a limited number of choices as to where to position the light source on the mower, and it would have been obvious design choice to consider and try, positioning the light source on the gearbox as disclosed by Woodroffe as a mere alternative location for alerting an operator. Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See also, In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding claim 9, Assie discloses the rotary cutter of Claim 1, further comprising:
an additional gear box (5R), but fails to disclose an additional light source communicatively coupled to the processing circuitry and positioned on the additional gear box.
However, Assie teaches individual temperature gauges (TL, TM, TR) for each gear box (5L, 5M, 5R) of the mower respectively.
Woodroffe teaches a gearbox detailed above, wherein the processing unit indicates operating conditions of the gearbox through an indicator (149) comprising light-emitting diodes positioned on the individual gearbox (Fig. 1. col. 5 lines 44-48).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize an individual light source mounted on each gear box of Assie (e.g. each operatively connected to a respective temperature gauge), as disclosed by Woodroffe, in order to provide a system capable of alerting the operator of an exceeded condition for each gearbox independently, thereby allowing for quick distinguishing of which boxes require repair/attention.
Regarding independent claim 12, Assie discloses a method of operating a rotary cutter (rotary mower 1, Fig. 1), comprising:
measuring, by a sensor (13) disposed in a gear box (5L) of the rotary cutter, a condition of the gear box (para. [0027] “Temperature sensors 13 are provided in each gearbox 5 and are operative to measure a temperature of each gearbox”);
determining, by processing circuitry (inherent in method described in para. [0027]) and based on a signal from the sensor, whether the condition satisfies a criterion; and causing, by the processing circuitry, a light source (alarm 17, note light source implicit in “visible alarm signal”) operatively coupled to the gear box to illuminate in response to determining that the condition satisfies the criterion (para. [0027] “alarm 17 is operative to alert the operator, with an audible or visible alarm signal, that the temperature of a gearbox 5 exceeds the maximum acceptable temperature”).
Honeyman also discloses a method of operating a rotary cutter (200), comprising:
measuring, by a sensor (308) disposed in a gear box (302) of the rotary cutter, a condition of the gear box (para. [0032] “oil level indicator 308 may enable detection of the amount of oil in the gearbox”);
determining, by processing circuitry (control unit 500 + processing unit described in para. [0046]) and based on a signal from the sensor, whether the condition satisfies a criterion; and causing, by the processing circuitry, a light source (508) operatively coupled to the gear box to illuminate in response to determining that the condition satisfies the criterion (para. [0045] If the amount of oil in the gearbox is determined to be below a predetermined threshold, the display panel 502 will display a warning designed to notify the operator of a low oil amount, e.g. using a flashing indicator, a different color, see bottom of para. [0038]).
Both Assie and Honeyman fail to disclose wherein the light source is positioned at the gear box.
Woodroffe teaches a gearbox detailed above, wherein the processing unit indicates operating conditions of the gearbox through an indicator (149) comprising light-emitting diodes positioned on the gearbox (Fig. 1. col. 5 lines 44-48).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to position the light source of Assie or Honeyman on the gearbox, since there are a limited number of choices as to where to position the light source on the mower, and it would have been obvious design choice to consider and try, positioning the light source on the gearbox as disclosed by Woodroffe as a mere alternative location for alerting an operator. Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See also, In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding claim 13, Assie in view of Woodroffe discloses the method of Claim 12. Assie further discloses driving rotation of a blade (3) coupled to an output (para. [0013] “output shafts connected to right and left gear boxes at the top of the right and left blade assemblies”) of the gear box by providing rotational power via a drive member (7) coupled to an input (11L) of the gear box and transforming, by gears of the gear box, the rotational power from the drive member into the rotation of the blade (para. [0026]).
Note Honeyman in view of Woodroffe also teaches the method of claim 13, as Honeyman teaches all the limitations of claim 13 addressed in the claim 2 rejection under Honeyman above.
Regarding claim 14, Assie in view of Woodroffe or Honeyman in view of Woodroffe discloses the method of Claim 12.
Both Assie and Honeyman fail to disclose details of: transmitting the signal from the sensor (13) to the processing circuitry via a wire extending from the sensor and through a plug positioned in a port of the gear box to the processing circuitry.
However, such a sensor plug configuration for a gearbox is old and known.
Woodroffe discloses a sensor plug (130) for monitoring an oil and/or case temperature of a gearbox (102) used in rotating machinery (see Fig. 1 and Abstract), comprising:
transmitting the signal from a sensor (170) to processing circuitry (140) via a wire (electrical leads 144 include temperature wire 164) extending from the sensor and through the plug (130) positioned in a port (132) of the gear box to the processing circuitry (Fig. 2A-2B, col. 5 lines 16-24).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to design the gearbox and sensor arrangement of Assie or Honeyman with a wire, plug, and port arranged in the manner as disclosed by Woodroffe, as this was an old and well-known means for configuring an internal temperature sensor for monitoring temperature within a gearbox to yield predictable results.
Regarding claim 15, Honeyman in view of Woodroffe discloses the method of Claim 12. Honeyman further teaches transmitting the signal from the gear box (302) to the processing circuitry (500) with the processing circuitry spaced apart from the gear box (Honeyman para. [0025,0038] control unit 500 is carried in agricultural vehicle 100).
Regarding claim 16, Assie in view of Woodroffe discloses the method of Claim 12. Assie further teaches wherein the condition is temperature and the criterion is a threshold temperature (alarm 17 alerts operator when temperature of gearbox exceeds “maximum acceptable temperature”, para. [0027]).
Regarding claim 17, Assie in view of Woodroffe discloses the method of Claim 12. Assie further teaches wherein the sensor (13) is a temperature sensor instead of an accelerometer, and wherein the criterion is a threshold temperature (para. [0027]) instead of a threshold vibration frequency/amplitude.
However, Assie in para. [0007] teaches that monitoring conditions such as temperature and vibration is known in various rotating equipment to detect defects, and further cites Woodroffe for the teaching that excessive vibration in the gearbox is an indication of malfunction. Woodroffe therefore discloses a vibration sensor 166 in the form of a piezoelectric accelerometer (col. 9 lines 2-3) wherein when it is determined that excessive vibration is occurring, an alarm may be issued to notify the operator (col. 16 lines 34-37).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to design the sensor assembly of Assie to include a vibration sensor, as disclosed by Woodroffe, in order to additionally notify an operator of malfunctions such as broken gear teeth, worn bearings, misaligned shafts, and/or lodged foreign particles which can lead to machine failure (Woodroffe at col. 1 lines 43-49).
Regarding claim 18, Honeyman in view of Woodroffe discloses the method of Claim 12. Honeyman further teaches measuring, by an additional sensor (306) positioned on a mower deck (208) of the rotary cutter (200) (Fig. 3), a condition of the mower deck and providing, from the additional sensor, a signal indicative of the condition of the mower deck to the processing circuitry (500) (para. [0033] sensor 306 measures header angle).
Regarding independent claim 19, Assie discloses a gear box (5L) for a rotary cutter (1, Fig. 1) comprising:
walls defining an interior volume (see gearbox walls shown in Fig. 5); and
a sensor (13) disposed in the interior volume (para. [0027] “Temperature sensors 13 are provided in each gearbox 5”).
Honeyman also discloses a gear box (302) for a rotary cutter (200) comprising:
walls defining an interior volume (see gearbox walls shown in Fig. 3); and
a sensor (308) disposed in the interior volume (Fig. 3).
Both Assie and Honeyman fail to disclose the following details:
a cover coupled to the walls, the cover comprising a port;
a plug positioned in the port;
the sensor disposed on the plug; and
a wire extending from the sensor along the plug and out of the interior volume via the port.
However, such a sensor plug configuration for a gearbox is old and known.
Woodroffe discloses a sensor plug (130) for monitoring an oil and/or case temperature of a gearbox (102) used in rotating machinery (see Fig. 1 and Abstract), wherein:
the gear box comprises a cover (116);
the cover comprises a port (132);
a plug (130) is positioned in the port;
a sensor (170) is disposed on the plug such that the sensor is inside the gear box (col. 6 lines 9-12); and
a wire (electrical leads 144 include temperature wire 164) extending from the sensor through the plug and out of the gear box via the port (Fig. 2A-2B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to design the gearbox and sensor arrangement of Assie or Honeyman with a wire, plug, and port arranged in the manner as disclosed by Woodroffe, as this was an old and well-known means for configuring an internal temperature sensor for monitoring temperature within a gearbox to yield predictable results.
Regarding claim 20, Assie in view of Woodroffe or Honeyman in view of Woodroffe discloses the gear box of Claim 19, further comprising a light source coupled to the cover (Assie at para. [0027] teaches visible alarm 17 is operatively coupled to gearboxes 5, note light source implicit in “visible alarm signal” or Honeyman teaches light source 508 operatively coupled to gearbox 302. Furthermore, Woodroffe teaches a light source 149 physically coupled to the gearbox cover 116, Fig. 1. col. 5 lines 44-48).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Baltz et al. (US 20230360404 A1) teaches a notification device in the form of a light source for preventing gear case damage to a row unit. Li et al. (US 20230020978 A1) discloses an indicator light for notifying an operator of an “over-temperature” state in the power housing of a lawn mower. Verhoeven (US 20220304239 A1) discloses a method of monitoring vibrations in an agricultural harvester to monitor the condition of bearings and/or gearboxes and communicating an alarm signal to the user accordingly. McKimpson et al. (US 20170082188 A1) discloses a gearbox component and lubricant condition monitoring system for monitoring how rapidly lubricant within gearboxes are wearing. Klein et al. (US 20170018165 A1) discloses a wireless vibration and temperature monitoring device for use with gear boxes and an integrated sensor for providing a visual indicator of a condition via LEDs or other lights. McGinn et al. (US 20150211916 A1) discloses a light indicator for warning of a vibration level of a gearbox. Mackin (US 20090192734 A1) discloses a vibration sensor and an indicator light. Caldwell (US 3400521 A) discloses a tractor-drawn mowing machine.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA C TRAN whose telephone number is (571) 272-8758. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joesph 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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/JULIA C TRAN/Examiner, Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671