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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the reversible drive belt system, the forward direction drive motor and the second tensioning system of claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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: para [0056], line 1 recites “hydraulic cylinder 112”. Para [0065], line 2 recites “hydraulic piston 112”. Nomenclature should be consistent.
Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities: Claim 6 depends from cancelled claim 5. For examination purposes claim 6 was considered dependent from claim 1. 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.
Claims 1-7 are 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. Claim 1, line 14 recites “the drive system…”. It is unclear if this is the reversible drive belt system of line 1 or a different drive system. Lines 15, 17 and 18 recite “the hydraulic motor”. It is unclear if this is the hydraulic drive motor of lines 5 and 12 or a different hydraulic motor. Claim 6 has the same issue with “hydraulic drive motor” and “drive motor”
Claims 2, 3, 4, 6 and 7 are 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. Claims 2, 3, 4, 6 and 7, line 1, recite “The system of claim 1…”. It is unclear what system is being claimed as claim 1 claims a reversible drive belt system, a first tensioning system and a second tensioning system.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 1, lines 14, 17 and 18 recite verbatim the limitation of claim 4. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-4, 6 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP3848616.
As per claim 1, EP3848616 discloses a reversible drive belt system (paras [0004, 0005], comprising:
a drive belt (4) ;
a drive motor arrangement comprising a forward direction drive motor (para [0002] describes a drive pulley driven by means of a drive device, in particular an internal combustion engine to power the drive pulley in a forward direction) and a reverse direction drive motor (24) (para [0042]), wherein the reverse direction drive motor (24) comprises a hydraulic drive motor (para [0042]);
a belt tensioning element (5) (fig. 5);
a first tensioning system (para [0040]) for applying force to the belt tensioning element (5) to apply a tensioning force to the drive belt (4); and
a second tensioning system (para [0043]) for applying force to the belt tensioning element (5) to apply a tensioning force to the drive belt (4), the second tensioning element comprising a hydraulic cylinder (9) (figs. 3, 5);
wherein the hydraulic drive motor (para [0042]) comprises a hydraulic pressure supply line (26, 28);
wherein the hydraulic cylinder (9) is actuated by an input hydraulic pressure; and
wherein when the drive system is operated in the reverse direction, the input hydraulic pressure is coupled to the hydraulic pressure supply line (28) of the hydraulic motor (para [0042]) and the input hydraulic pressure to the hydraulic cylinder (9) is controlled in dependence on a load on the hydraulic motor (27) wherein the input hydraulic pressure is proportional to the load on the hydraulic motor (paras [0042-0044]).
As per claim 2, EP3848616 as set forth above, discloses the first tensioning system (para [0040]) comprises a spring system (figs. 3, 5). Spring 19 associated with hydraulic cylinder 9.
As per claim 3, EP3848616 as set forth above, discloses when the drive system (30) is operated in the forward direction, the first tensioning system only applies the tensioning force (para [0040]), and when the drive system is operated in the reverse direction, the combination of the first and second tensioning systems apply the tensioning force (paras [0042-0044).
As per claim 4, EP3848616 as set forth above, discloses when the drive system (30) is operated in the reverse direction, the input hydraulic pressure is proportional (para [0042]) to the load on the hydraulic motor (para [0042]).
As per claim 6, EP3848616 as set forth above, discloses the hydraulic drive motor (para [0042]) comprises a return line (fig. 5), wherein when the drive system is operated in the forward direction, the hydraulic pressure supply line of the hydraulic motor (para [0042]) is coupled to the return line (fig. 5).
As per claim 7, EP3848616 as set forth above, discloses the reversible drive belt system (30) is for driving a beater cylinder (para [0004]) of a combine harvester (para [0004]).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over EP3848616.
As per claim 8, EP3848616 discloses a combine harvester (paras [0004, 0005]) comprising:
a crop cutting head; a beater cylinder; and the drive belt system of claim 1 configured to drive the beater cylinder. EP ‘616 does not specifically disclose a feeder house; a threshing system configured to receive material from the beater cylinder; a separating system; and a grain cleaning system configured to receive cut and threshed crop material.
However, paragraphs [0003 and 0004] disclose the drive belt system is for an agricultural combine harvester. Examiner takes official notice that it is well known in the art to one of ordinary skill that an agricultural combine harvester includes a feeder house; a threshing system configured to receive material from the beater cylinder; a separating system; and a grain cleaning system configured to receive cut and threshed crop material. Therefore, it would have been obvious to use the drive system of EP ‘616 with an agricultural combine harvester with the aforementioned components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK KENNETH BUSE whose telephone number is (571)270-3139. The examiner can normally be reached 8:00 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge can be reached at 571 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.K.B/Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654