DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-15 are pending in Instant Application.
Priority
Examiner acknowledges Applicant’s claim to priority benefits of 18/098,403 filed 01/18/2023.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 12/06/2023, 05/14/2025, and 07/31/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
Claim Objections
Claims 2-8 are objected to because of the following informalities: in line 1 of the claims, the claims state "The spreader...", however the applicant disclosed in line 1 of claim 1 "A crop residue spreader...” The examiner interprets that the applicant is referring to the previously disclosed crop residue spreader. Appropriate correction is required (i.e., "The crop residue spreader").
Claim 10 is objected to because of the following informalities: in line 5 of the claim, the claim states "…the spreader...", however the applicant disclosed in line 5 of claim 10 "a crop residue spreader...” The examiner interprets that the applicant is referring to the previously disclosed crop residue spreader. Appropriate correction is required (i.e., "The crop residue spreader").
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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Baere et al. (USPGPub 2020/0045883). As per claim 1, De Baere discloses a crop residue spreader for an agricultural harvester (see at least Figure 1), comprising: a spreader frame (see at least paragraph 0030; wherein a frame 70); one or more impellers mounted on the spreader frame for receiving a crop residue from a crop threshing and/or cleaning system of the harvester and discharging the crop residue from the harvester (see at least paragraph 0032; wherein each of the counter rotating spreader devices 42, 44 includes a plurality of structures to receive and engage straw 28 and chaff 32 to forcefully expel the straw 28 and chaff 32 from the crop residue spreader system 40); a distribution hood (see at least paragraph 0034; wherein a deflector 140) mounted in close proximity to the impellers for distributing a flow of crop residue discharged by the impellers (see at least Figure 4; items 140, 42, 44); and a common structural member (see at least paragraph 0030; wherein first and second pivot arms 72, 74) independently supporting both the spreader frame and the distribution hood (see at least Figures 2 and 4), the distribution hood being supported for pivotable movement relative to the spreader frame along a path from a forward distributing position for receiving and distributing the flow of crop material discharged by the impellers to a rear position upward and rearward of the forward distributing position (see at least Figures 6-7). As per claims 2 and 11, De Baere discloses wherein the distribution hood in the rear position is positioned at least partly outside the flow of crop material discharged by the impellers (see at least Figures 6-7). As per claims 3 and 12, De Baere discloses wherein a pivotable attachment of the distribution hood to the common structural member enables the pivotable movement of the distribution hood relative to the spreader frame along the path from the forward distributing position to the rear position (see at least Figures 6-7). As per claims 4 and 13, De Baere discloses further comprising a locking mechanism for fixing the distribution hood at one or more positions along the path from the forward distributing position to the rear position (see at least paragraph 0035; wherein the drive shaft 162 defines an axis of rotation of the deflector 140, and thus the two deflector portions 142 and 146. The deflector driver 160 can be, for example, a motor which is adapted to rotate the drive shaft 162 a predetermined number of degrees from a neutral position and then return the drive shaft 162 to the neutral position). As per claims 5 and 14, De Baere discloses wherein the distribution hood in the rear position is positioned entirely outside the flow of crop material discharged by the one or more impellers (see at least Figures 4-5). As per claims 6 and 15, De Baere discloses wherein the common structural member is mounted to a straw hood of the agricultural harvester (see at least Figure 2; hood attached to 62). As per claims 7 and 15, De Baere discloses wherein the common structural member comprises one or more swing arms (see at least paragraph 0030; wherein first and second pivot arms 72, 74). As per claims 8 and 15, De Baere discloses wherein the one or more swing arms comprise one or more pivot points enabling the pivotable movement of the spreader frame relative to the straw hood along a path from a forward spreading position to a rear position upward and rearward of the forward spreading position (see at least paragraph 0030 and Figure 2; wherein a frame 70 and first and second pivot arms 72, 74 movable about first and second pivot points 76, 78, respectively, located on opposite sides of combine 20 along pivot axis 68, the arms 72, 74 also being connected to one another by a cross bar 106). As per claim 9, De Baere discloses an agricultural harvester, comprising the crop residue spreader of claim 1 (see at least paragraph 0028; wherein a crop residue spreader system 40). As per claim 10, De Baere discloses agricultural harvester (see at least Figure 1), comprising: a crop threshing (see at least paragraph 0028; wherein combine 20 includes a threshing system 22 having a rotor 24 rotatable in known manner for separating the desirable crop component or grain from straw, stocks and other plant residue) and/or cleaning system producing a flow or stream of crop residue; a rear cavity enclosed by a straw hood for receiving the flow or stream of crop residue from the threshing and/or cleaning system (see at least paragraph 0028; wherein the straw 28 and chaff 32 pass through a cavity 34 toward a horizontal spreader assembly 36 at a lower opening 38 of the cavity 34); and a crop residue spreader for an agricultural harvester (see at least paragraph 0028; wherein a crop residue spreader system 40, the spreader comprising: a spreader frame (see at least paragraph 0030; wherein a frame 70); one or more impellers mounted on the spreader frame for receiving a crop residue from a crop threshing and/or cleaning system of the harvester and discharging the crop residue from the harvester (see at least paragraph 0032; wherein each of the counter rotating spreader devices 42, 44 includes a plurality of structures to receive and engage straw 28 and chaff 32 to forcefully expel the straw 28 and chaff 32 from the crop residue spreader system 40); a distribution hood mounted in close proximity to the impellers for distributing a flow of crop residue discharged by the impellers (see at least paragraph 0034; wherein a deflector 140); and a common structural member (see at least paragraph 0030; wherein first and second pivot arms 72, 74) independently supporting both the spreader frame and the distribution hood (see at least Figures 2 and 4), the distribution hood being supported for pivotable movement relative to the spreader frame along a path from a forward distributing position for receiving and distributing the flow of crop material discharged by the impellers to a rear position upward and rearward of the forward distributing position (see at least Figures 6-7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHMOUD S ISMAIL whose telephone number is (571)272-1326. The examiner can normally be reached M - F: 8:00AM- 4:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jelani Smith can be reached at 571-270-3969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MAHMOUD S ISMAIL/Primary Examiner, Art Unit 3662