Prosecution Insights
Last updated: April 18, 2026
Application No. 18/538,001

METHOD FOR REDUCTION OF CHOPPER RECUT

Non-Final OA §102§103
Filed
Dec 13, 2023
Examiner
RUNCO, MADELINE IVY
Art Unit
3671
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Cnh Industrial Belgium N V
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
87%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
194 granted / 251 resolved
+25.3% vs TC avg
Moderate +10% lift
Without
With
+9.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
27 currently pending
Career history
278
Total Applications
across all art units

Statute-Specific Performance

§103
43.1%
+3.1% vs TC avg
§102
32.0%
-8.0% vs TC avg
§112
23.4%
-16.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 251 resolved cases

Office Action

§102 §103
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. Specification The disclosure is objected to because of the following informalities: Paragraph 0028, line 2 reads “of FIG. 5” and should read –of FIG. 4-- Appropriate correction is required. 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 1-6, 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Franz (US 6354938 B1). Regarding claim 1 , Franz discloses a n agricultural residue chopper assembly (see fig. 1) comprising: a housing defining a partially enclosed cutting chamber (4) , the housing comprising a housing inlet (between 2 and 3) and a housing outlet (13) with respective sections of housing wall extending between the inlet and outlet; a cutting knife assembly (5) comprising a shaft mounted to rotate in a cutting direction (6) within the cutting chamber about a cutting knife rotation axis extending along a longitudinal direction, the cutting knife assembly comprising a plurality of knives (7) extending from the shaft at respective axial locations along the longitudinal direction, each of the plurality of knives extending from a respective proximal end at the shaft to a respective distal end at a radial distance from the shaft, the radial distance defining an outer radius of a cutting volume; a counterknife assembly (fig. 1) comprising one or more counterknives (11, 23) mounted to a counterknife support (10, 24) , the counterknives positioned to extend into the cutting volume at a position, with reference to the cutting direction, downstream from the housing inlet; a first shear bar (16) positioned near a downstream closing of the housing outlet; a second shear bar (15) positioned downstream of the first shear bar near an upstream opening of the housing inlet; and an air catch (adjacent 14) formed by a radially expanded section (14) of the housing wall between the downstream closing of the housing outlet and the upstream opening of the housing inlet. Regarding claim 2 , Franz discloses t he agricultural residue chopper assembly of claim 1, wherein the radially expanded section (14) of the housing wall comprises an upstream section extending downstream from near the housing outlet closing to a middle section extending generally towards the opening of the housing inlet (see fig. 1) . Regarding claim 3 , Franz discloses t he agricultural residue chopper assembly of claim 2, wherein the radially expanded section (14) of the housing wall comprises a downstream section extending from near the upstream opening of the housing inlet a distance generally outward from the cutting volume then curving arcuately upstream generally toward the middle section (see fig. 1) . Regarding claim 4 , Franz discloses t he agricultural residue chopper assembly of claim 3, wherein the upstream section of the radially expanded section (14) of the housing wall is substantially concentric to an outer circumference of the cutting volume and the middle section expands tangentially from the substantially concentric upstream section (see fig. 1) . Regarding claim 5 , Franz discloses t he agricultural residue chopper assembly of claim 3, wherein the middle section of the radially expanded section (14) of the housing wall joins the arcuately curved downstream section to form a continuous radially expanded section of housing wall between the downstream closing of the housing outlet and the upstream opening of the housing inlet (see fig. 1) . Regarding claim 6 , Fran discloses t he agricultural residue chopper assembly of claim 1, wherein the radially expanded section (14) of the housing wall comprises an upstream section extending downstream from near the housing outlet closing to a middle section extending generally towards the opening of the housing inlet, wherein the upstream section of the radially expanded section of the housing wall is substantially concentric to an outer circumference of the cutting volume, and the middle section expands tangentially from the substantially concentric upstream section, wherein the radially expanded section of the housing wall further comprises a downstream section extending from near the upstream opening of the housing inlet a distance generally outward from the cutting volume then curving arcuately upstream generally toward the housing outlet, and wherein the middle section of the radially expanded section of the housing wall joins the arcuately curved downstream section to form a continuous radially expanded section of housing wall between the downstream closing of the housing outlet and the upstream opening of the housing inlet (see fig. 1) . Regarding claim 12, Franz discloses a n agricultural harvester machine (col. 2 line 46) comprising: a chassis (not shown) configured for movement on a surface; and a residue chopper (see fig. 1) comprising: a housing defining a partially enclosed cutting chamber (4) , the housing comprising a housing inlet (between 2 and 3) and a housing outlet (13) with respective sections of housing wall extending between the inlet and outlet; a cutting knife assembly (5) comprising a shaft mounted to rotate in a cutting direction (6) within the cutting chamber about a cutting knife rotation axis extending along a longitudinal direction, the cutting knife assembly comprising a plurality of knives (7) extending from the shaft at respective axial locations along the longitudinal direction, each of the plurality of knives extending from a respective proximal end at the shaft to a respective distal end at a radial distance from the shaft, the radial distance defining an outer radius of a cutting volume; a counterknife assembly (fig. 1) comprising one or more counterknives (11, 23) mounted to a counterknife support (10, 24) , the counterknives positioned to extend into the cutting volume at a position, with reference to the cutting direction, downstream from the housing inlet; a first shear bar (16) positioned near a downstream closing of the housing outlet; a second shear bar (15) positioned downstream of the first shear bar near an upstream opening of the housing inlet; and an air catch (adjacent 14) formed by a radially expanded section (14) of the housing wall between the downstream closing of the housing outlet and the upstream opening of the housing inlet. Regarding claim 13 , Franz discloses t he agricultural harvester machine of claim 12, further comprising: a threshing and separating system (1) attached to the chassis and configured to deliver crop residue to the residue chopper; and powered wheels configured to move the chassis on the surface (col. 1 lines 5-8) . Regarding claim 14 , Franz discloses t he agricultural harvester machine of claim 12, wherein the radially expanded section (14) of the housing wall comprises an upstream section extending downstream from near the housing outlet closing to a middle section extending generally towards the opening of the housing inlet, wherein the upstream section of the radially expanded section of the housing wall is substantially concentric to an outer circumference of the cutting volume and the middle section expands tangentially from the substantially concentric upstream section, wherein the radially expanded section of the housing wall further comprises a downstream section extending from near the upstream opening of the housing inlet a distance generally outward from the cutting volume then curving arcuately upstream generally toward the housing outlet, and wherein the middle section of the radially expanded section of the housing wall joins the arcuately curved downstream section to form a continuous radially expanded section of housing wall between the downstream closing of the housing outlet and the upstream opening of the housing inlet (see fig. 1) . Claims 1, 7, 12, 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jakobi (US 6196483 B1). Regarding claim 1 , Jakobi discloses an agricultural residue chopper assembly (see fig. 1) comprising: a housing defining a partially enclosed cutting chamber, the housing comprising a housing inlet (between 1 and 7) and a housing outlet (see arrow 22) with respective sections of housing wall extending between the inlet and outlet; a cutting knife assembly (5) comprising a shaft mounted to rotate in a cutting direction (4) within the cutting chamber about a cutting knife rotation axis extending along a longitudinal direction, the cutting knife assembly comprising a plurality of knives (19) extending from the shaft at respective axial locations along the longitudinal direction, each of the plurality of knives extending from a respective proximal end at the shaft to a respective distal end at a radial distance from the shaft, the radial distance defining an outer radius of a cutting volume; a counterknife assembly comprising one or more counterknives (20) mounted to a counterknife support (13) , the counterknives positioned to extend into the cutting volume at a position, with reference to the cutting direction, downstream from the housing inlet; a first shear bar (29) positioned near a downstream closing of the housing outlet; a second shear bar (23) positioned downstream of the first shear bar near an upstream opening of the housing inlet; and an air catch (see arrow 26) formed by a radially expanded section (21’, 28, 32, 24) of the housing wall between the downstream closing of the housing outlet and the upstream opening of the housing inlet. Regarding claim 7 , Jakobi discloses t he agricultural residue chopper assembly of claim 1, wherein the radially expanded section of the housing wall comprises an upstream section (21’) extending downstream from near the housing outlet closing to a middle section (28, 32) extending generally towards the opening of the housing inlet, wherein the middle section of the radially expanded section of the housing wall ends before reaching a point intersecting a line extending substantially radially from the cutting knife rotation axis through the upstream opening of the housing inlet (see fig. 1, 32 ends below 23) , wherein the radially expanded section of the housing wall comprises a downstream section (24) extending from near the upstream opening of the housing inlet outward from the cutting volume, curving arcuately around the end of the middle section to form an opening (see arrow 26) in the air catch between the middle (32) and downstream (24) sections, and extending generally upstream past the end of the middle section and generally parallel to the middle section (see fig. 1, 24 and 28 are generally parallel) to form a reflow conduit for receiving air flow redirected from the cutting chamber by the air catch through the opening between the middle and downstream sections of the radially expanded section of the housing wall (col. 3 lines 29-55) . Regarding claim 12 , Jakobi discloses a n agricultural harvester machine ( a combine harvester ) comprising: a chassis configured for movement on a surface (see abstract, col. 1 lines 6-10) ; and a residue chopper (fig. 1) comprising: a housing defining a partially enclosed cutting chamber, the housing comprising a housing inlet (between 1 and 7) and a housing outlet (see arrow 22) with respective sections of housing wall extending between the inlet and outlet; a cutting knife assembly (5) comprising a shaft mounted to rotate in a cutting direction (4) within the cutting chamber about a cutting knife rotation axis extending along a longitudinal direction, the cutting knife assembly comprising a plurality of knives (19) extending from the shaft at respective axial locations along the longitudinal direction, each of the plurality of knives extending from a respective proximal end at the shaft to a respective distal end at a radial distance from the shaft, the radial distance defining an outer radius of a cutting volume; a counterknife assembly comprising one or more counterknives (20) mounted to a counterknife support (13) , the counterknives positioned to extend into the cutting volume at a position, with reference to the cutting direction, downstream from the housing inlet; a first shear bar (29) positioned near a downstream closing of the housing outlet; a second shear bar (23) positioned downstream of the first shear bar near an upstream opening of the housing inlet; and an air catch (see arrow 26) formed by a radially expanded section (21’, 28, 32, 24) of the housing wall between the downstream closing of the housing outlet and the upstream opening of the housing inlet. Regarding claim 15 , Jakobi discloses t he agricultural harvester machine of claim 12, wherein the radially expanded section of the housing wall comprises an upstream section (21’) extending downstream from near the housing outlet closing to a middle section (28, 32) extending generally towards the opening of the housing inlet, wherein the middle section of the radially expanded section of the housing wall ends before reaching a point intersecting a line extending substantially radially from the cutting knife rotation axis through the upstream opening of the housing inlet (see fig. 1, 32 ends below 23) , wherein the radially expanded section of the housing wall comprises a downstream section (24) extending from near the upstream opening of the housing inlet outward from the cutting volume, curving arcuately around the end of the middle section to form an opening (see arrow 26) in the air catch between the middle (32) and downstream (24) sections, and extending generally upstream past the end of the middle section and generally parallel to the middle section (see fig. 1, 24 and 28 are generally parallel) to form a reflow conduit for receiving air flow redirected from the cutting chamber by the air catch through the opening between the middle and downstream sections of the radially expanded section of the housing wall (col. 3 lines 29-55) . 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. Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Franz (US 6354938 B1) Regarding claim 9 , Franz discloses t he agricultural residue chopper assembly of claim 1 . Franz does not disclose wherein the first shear bar (16) is adjustably fixed near the downstream closing of the housing outlet. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have fixed the shear bar of Franz in an adjustable manner , since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens , 101 USPQ 284 (CCPA 1954). Regarding claim 10 , Franz discloses t he agricultural residue chopper assembly of claim 1 . Franz does not disclose wherein the second shear bar (15) is adjustably fixed near the downstream closing of the housing outlet. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have fixed the shear bar of Franz in an adjustable manner , since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens , 101 USPQ 284 (CCPA 1954). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Jakobi (US 6196483 B1) in view of Guinn (US 4637406 A). Regarding claim 11 , Jakobi discloses t he agricultural residue chopper assembly of claim 7 . Jakobi does not disclose wherein the second shear bar extends into the cutting volume. In the same field of endeavor, Guinn discloses an agricultural residue chopper having two shear bars, wherein a second of the shear bars (138) extends into the cutting volume (see fig. 1) to impede the flow of air back into the hood of the combine harvester (col. 5 lines 46-60). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided Jakobi with a shear bar extending into the cutting volume, as disclosed by Guinn, to prevent air from being recirculated into the harvester by the chopper. Allowable Subject Matter Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20070066370 A1 discloses an agricultural chopper having an air duct. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MADELINE RUNCO whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (469)295-9123 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 8-4:30 M-F . 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, FILLIN "SPE Name?" \* MERGEFORMAT Joseph Rocca can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 5712728971 . 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. /MADELINE I RUNCO/ Examiner, Art Unit 3671
Read full office action

Prosecution Timeline

Dec 13, 2023
Application Filed
Mar 27, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
87%
With Interview (+9.6%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 251 resolved cases by this examiner. Grant probability derived from career allow rate.

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