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 .
Introduction
Claims 1-20 are currently pending in this application and are subject to examination herein.
Priority
Receipt is acknowledged of certified copy of GB 2218840.3 filed on 12/14/2022 required by 37 CFR 1.55.
Furthermore, acknowledgment is made of applicant's claim for foreign priority based on two applications filed in Great Britain on 06/01/2023 and 06/09/2023. It is noted, however, that applicant has not filed a certified copy of the GB 2308217.5 or GB 2308649.9 applications as required by 37 CFR 1.55. Electronic retrieval of those documents as a courtesy to Applicant reportedly failed, as indicated by the PRIORITY DOCUMENT EXCHANGE FAILURE STATUS REPORT filed in the Image File Wrapper on 05/06/2025. Applicant is requested to file certified copies of these two identified applications to perfect its Foreign Priority claim.
Information Disclosure Statement
The two (2) information disclosure statements (IDSs) submitted on 04/23/2024 and 06/03/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 200 (P. 34, lines 1-2); 204 (P. 34, lines 2-3). 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.
The drawings are further objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “76” has been used to designate both “second engaging portion” (Figs. 5-6, P. 23, lines 12-22) and “reinforcing plates” (Fig. 7; P. 27, line 28 to p. 28, line 2). 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: it appears that Applicant may have inadvertently recited “circular hole 57” as “shaft slot 57” (or, alternatively, “shaft slot 58” as “shaft slot 57”) (Spec. at p. 21, lines 22-28).
Appropriate correction is required.
Claim Interpretation
The Examiner notes that Applicants have used the phrase “and/or” in claims 18 and 19. The Patent Trial and Appeal Board (PTAB) has held that use of the phrase "and/or” within a claim is not indefinite per se. See Ex Parte Gross, Appeal No. 2011-004811 (Jan. 2014). Nevertheless, “[d]uring patent examination, the pending claims must be ‘given their broadest reasonable interpretation consistent with the specification.’” MPEP § 2111; Phillips v. AWH Corp., 415 F.3d 1303, 1316, 75 USPQ2d 1321, 1329 (Fed. Cir. 2005). Based upon this guidance from the MPEP and the Federal Circuit Court of Appeals, the Examiner interprets the phrase "and/or" under its broadest reasonable interpretation of "or" for purposes of examination of Claim 18 of the instant Application.
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.
Claim 4-17 and 19 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 4 recites the limitation "the selection device" in line 2. There is insufficient antecedent basis for this limitation in the claim. Furthermore, the metes and bounds of this limitation cannot be determined because it is unclear whether “the selection device” refers to a distinct “selection device” or refers back to the “selection mechanism” first introduced in claim 1 from which claim 4 depends. Claims 5-7 each depend, either directly or ultimately, from claim 4 and are, therefore, likewise rejected under 35 U.S.C. 112(b) as indefinite. For purposes of examination, the Examiner will interpret “the selection device” in Claim 4 to be the same element as “the selection mechanism” in Claim 1.
Regarding claim 6, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase (“such as a cam or shaft”) are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 19, the metes and bounds of the claim cannot be determined due to the use of many “and/or” conjunctions therein. While the use of “and/or” does not make a claim indefinite per se, the claim is indefinite when the limitations are not capable of being combined together in the “and” conjunction option. Such is the case in claim 19. For example, the controller does not appear to be able to determine that the bale size has reached a threshold size AND that no crop material is being transported by the cutting rotor AND that the tailgate has opened AND closed AND the bale has been released from the bale chamber. Furthermore, one “and/or” limitation is that “and/or the round baler includes a binding device”, which cannot simultaneously include the “and” limitation “AND the controller determining that the binding device is operational” if the binding device is optional and not included. The Examiner suggests that Applicant may wish to remove the unnecessary “and/or” conjunctions or to at least eliminate limitations that will not work in both the “and” and “or” option of those conjunctions.
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.
Claim(s) 1-10 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. 2020/0093068 to Claeys et al. (hereinafter Claeys) (cited by Applicant in IDS filed on 04/23/2024).
Regarding claim 1, Claeys discloses a cutter device for an agricultural harvester (Abstract), comprising:
a rotor (rotor 13) (Fig. 2; Para. [0043]) with a plurality of tines (tines 15) (Fig. 2; Para. [0043]), wherein the rotor (rotor 13) (Fig. 2; Para. [0043]) is rotatable to transfer an agricultural crop along a feed path (see Fig. 2);
a knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]), wherein the position of the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) is adjustable (pivotable about pivot shaft 24) (see and compare Figs. 3-9);
a bottom plate (curved plate 22) (Figs. 2-9; Paras. [0045], [0055]) located beneath the rotor (rotor 13) (Fig. 2; Para. [0043]), wherein the feed path is located between the rotor (rotor 13) (Fig. 2; Para. [0043]) and the bottom plate (curved plate 22) (Figs. 2-9; Paras. [0045], [0055]), and the bottom plate (curved plate 22) (Figs. 2-9; Paras. [0045], [0055]) includes an opening (slot 23) (Fig. 3; Para. [0045], [0048], [0051], [0056]-[0058]) through which the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) extends at least when in a cutting position (see Figs. 4, 7-8);
a control mechanism (knife selector mechanism 72) (Figs. 2, 4-6; Paras. [0051], [0059]) including a control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) which is movable between at least a primary position (see Fig. 4) and a secondary position (see Fig. 5), wherein the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) is arranged to control movement of the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) between
a first position (see Fig. 4) in which the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) is in a cutting position in the feed path (see Fig. 4),
a second position (see Fig. 5) in which the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) is substantially out of the feed path in a non- cutting position (see Fig. 5), and
a third position (see Fig. 6) in which the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) is located at an intermediate position (see Fig. 6) between the cutting position (see Fig. 4) and the non-cutting position (see Fig. 6), wherein the control mechanism (knife selector mechanism 72) (Figs. 2, 4-6; Paras. [0051], [0059]) is arranged such that, in a condition wherein the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) is in the secondary position (see Fig. 5), the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) is in, or may freely move to, the second position (see Fig. 5) of the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]), and wherein the control mechanism (knife selector mechanism 72) (Figs. 2, 4-6; Paras. [0051], [0059]) includes a selection mechanism (rotatable shaft 49 and plurality of cam elements 50) (Figs. 4-6, 10-11; Para. [0051]-[0052]) that is arranged to select between first and second selection configurations (see Figs. 4-5, 10-11), wherein
in the first selection configuration, in response to the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0054], [0054]) being actuated to move from the secondary position to the primary position, the control mechanism (knife selector mechanism 72) (Figs. 2, 4-6; Paras. [0051], [0059]) is arranged to move the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) from the second position (see Fig. 5) to the first position (see Fig. 4), and
in the second selection configuration, in response to the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) being actuated, the control mechanism (knife selector mechanism 72) (Figs. 2, 4-6; Paras. [0051], [0059]) is arranged to move the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) from the second position to the third position during movement of the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) from the secondary position to the primary position, and in a condition wherein the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) reaches the primary position, the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) is freely movable to return to the second position (see Fig. 5) of the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]).
Regarding claim 2, Claeys discloses the cutter device according to claim 1 (see above). Furthermore, Claeys discloses a cutter device (Abstract) including a positioning device (crank 44 and/or roller 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]) arranged to control movement of the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]), wherein the control mechanism (knife selector mechanism 72) (Figs. 2, 4-6; Paras. [0051], [0059]) is arranged to control movement of the positioning device (crank 44 and/or roller 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]), the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) is connected to the positioning device (crank 44 and/or roller 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]), an actuator (hydraulic actuator 39) (Paras. [0016], [0046]-[0048]) is configured to move the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) between the primary position and the secondary position (see Figs. 4-6), and the control mechanism (knife selector mechanism 72) (Figs. 2, 4-6; Paras. [0051], [0059]) includes a connecting element (compression spring 40) (Figs. 2, 4-6; Paras. [0046], [0049]) connected to the positioning device (crank 44 and/or roller 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]); and preferably the connecting element (compression spring 40) (Figs. 2, 4-6; Paras. [0046], [0049]) comprises a resilient connecting element (compression spring 40) (Figs. 2, 4-6; Paras. [0046], [0049]) configured to enable movement of the positioning device (crank 44 and/or roller 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]) relative to the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) by deformation of the resilient element (compression spring 40) (Figs. 2, 4-6; Paras. [0046], [0049]).
Regarding claim 3, Claeys discloses the cutter device according to claim 2 (see above). Furthermore, Claeys discloses a cutter device (Abstract) wherein, in response to the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) being actuated to move from the secondary position to the primary position (see Figs. 4-6), thereby moving the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) from the second position (see Fig. 5) to the third position (see Fig. 6), the resilient connection element (compression spring 40) (Figs. 2, 4-6; Paras. [0046], [0049]) is arranged to apply a force to the positioning device (crank 44 and/or roller 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]), throughout movement of the knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) from the second position (see Fig. 5) to the third position (see Fig. 6), that is greater than or equal to the force applied (otherwise operating member 31 and knife 18 would not move) by the resilient connection element (compression spring 40) (Figs. 2, 4-6; Paras. [0046], [0049]) to the positioning device (crank 44 and/or roller 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]) immediately after the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) moves from the secondary position.
Regarding claim 4, Claeys discloses the cutter device according to claim 2 (see above). Furthermore, Claeys discloses a cutter device (Abstract) wherein the selection device (rotatable shaft 49 and plurality of cam elements 50) (Figs. 4-6, 10-11; Para. [0051]-[0052]) includes a selection element (surface 54 of body 32) (Figs. 4-6; Paras. [0051]) arranged to select between the first selection configuration (see Fig. 4) in which the knife (knife 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) is selected and the second selection configuration in which the knife (knife 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) is deselected (see Fig. 5), and a selection control (rotatable shaft 49, plurality of cam elements 50) (Figs. 4-6, 10-11; Para. [0051]-[0052]) arranged to control the selection element (surface 54 of body 32) (Figs. 4-6; Paras. [0051]) to select between the first selection configuration (see Fig. 4) and the second selection configuration (see Fig. 5).
Regarding claim 5, Claeys discloses the cutter device according to claim 2 (see above). Furthermore, Claeys discloses a cutter device (Abstract) wherein the selection control (rotatable shaft 49, plurality of cam elements 50) (Figs. 4-6, 10-11; Para. [0051]-[0052]) is arranged to selectively block the selection element (surface 54 of body 32) (Figs. 4-6; Paras. [0051]) from selecting the second selection configuration (see Fig. 5).
Regarding claim 6, Claeys discloses the cutter device according to claim 2 (see above). Furthermore, Claeys discloses a cutter device (Abstract) wherein the selection control (rotatable shaft 49, plurality of cam elements 50) (Figs. 4-6, 10-11; Para. [0051]-[0052]) includes at least one engagement member (cam elements 50) (Figs. 4-6, 10-11; Para. [0051]-[0052]), such as a cam or shaft (cam elements 50) (Figs. 4-6, 10-11; Para. [0051]-[0052]), mounted on an axle (rotatable shaft 49) (Figs. 4-6, 10-11; Para. [0051]-[0052]), wherein rotation of the axle (rotatable shaft 49) (Figs. 4-6, 10-11; Para. [0051]-[0052]) rotates the engagement member (cam elements 50) (Figs. 4-6, 10-11; Para. [0051]-[0052]), thereby causing the engagement member (cam elements 50) (Figs. 4-6, 10-11; Para. [0051]-[0052]) to selectively engage the selection element (surface 54 of body 32) (Figs. 4-6; Paras. [0051]).
Regarding claim 7, Claeys discloses the cutter device according to claim 4 (see above). Furthermore, Claeys discloses a cutter device (Abstract) wherein the selection element (surface 54 of body 32) (Figs. 4-6; Paras. [0051]) comprises a selection lever (surface 54 of body 32 forms a protruding part that can be described as a lever) (Figs. 4-6; Paras. [0051]).
Regarding claim 8, Claeys discloses the cutter device according to claim 4 (see above). Furthermore, Claeys discloses a cutter device (Abstract) wherein the selection element (surface 54 of body 32) (Figs. 4-6; Paras. [0051]) is attached to the resilient element (compression spring 40) (Figs. 2, 4-6; Paras. [0046], [0049]) and the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]).
Regarding claim 9, Claeys discloses the cutter device according to claim 4 (see above). Furthermore, Claeys discloses a cutter device (Abstract) wherein the positioning device (crank 44 and/or roller 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]) is attached to a positioning device support (see Figs. 4-6) by a first pivot (shaft 45) (Figs. 4-6; Para. [0046]) having a first pivot axis (axis of shaft 45) (Figs. 4-6; Para. [0046]), and is arranged to pivot relative to the positioning device support (see Figs. 4-6); and the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) is attached to a control element support (see Figs. 4-6) by a second pivot (pin 43) (Figs. 4-6; Para. [0046]) having a second pivot axis (axis of pin 43) (Figs. 4-6; Para. [0046]), and is arranged to pivot relative to the control element support (see Figs. 4-6).
Regarding claim 10, Claeys discloses the cutter device according to claim 9 (see above). Furthermore, Claeys discloses a cutter device (Abstract) wherein the second pivot axis (axis of pin 43) (Figs. 4-6; Para. [0046]) is offset from the first pivot axis (axis of shaft 45) (Figs. 4-6; Para. [0046]).
Regarding claim 20, Claeys discloses the cutter device according to claim 1 (see above). Furthermore, Claeys discloses a cutter device (Abstract) including
a plurality of knives (plurality of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]),
wherein the bottom plate (curved plate 22) (Figs. 2-9; Paras. [0045], [0055]) includes a plurality of openings (slots 23) (Fig. 3; Para. [0045], [0048], [0051], [0056]-[0058]), and
a respective one of the knives (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) is arranged to extend into the cutting position (see Fig. 4) through a respective one of the openings (one of slots 23) (Fig. 3; Para. [0045], [0048], [0051], [0056]-[0058]); and
the control element (operating member(s) 31) (Figs. 4-6; Paras. [0046], [0049], [0051]-[0052], [0054]) is arranged to control movement of each knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) to adjust the position of each knife (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) between the first (see Fig. 4), second (see Fig. 5) and third positions (see Fig. 6); and
including:
a plurality of positioning devices (cranks 44 and/or rollers 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]), wherein each positioning device (crank 44 and/or roller 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]) is arranged to move a respective one of the knives (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]);
a plurality of selection elements (surface 54 of body 32) (Figs. 4-6; Paras. [0051]), wherein each selection element (surface 54 of body 32) (Figs. 4-6; Paras. [0051]) is arranged to select for a respective one of the knives (one or more of knives 18) (Figs. 2-9; Paras. [0043]-[0046], [0048]-[0060]) between the first selection configuration (see Fig. 4) and the second selection configuration (see Fig. 5);
a plurality of selection controls (rotatable shaft 49, plurality of cam elements 50) (Figs. 4-6, 10-11; Para. [0051]-[0052]), wherein each selection control (rotatable shaft 49, plurality of cam elements 50) (Figs. 4-6, 10-11; Para. [0051]-[0052]) is arranged to actuate a respective one of the selection elements (surface 54 of body 32) (Figs. 4-6; Paras. [0051]) to select between the first selection configuration (see Fig. 4) and the second selection configuration (see Fig. 5); and
a plurality of resilient connecting elements (compression springs 40) (Figs. 2, 4-6; Paras. [0046], [0049]), wherein each resilient connection element (compression spring 40) (Figs. 2, 4-6; Paras. [0046], [0049]) is arranged to enable movement of the respective one of the positioning devices (crank 44 and/or roller 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]) relative to the control element (crank 44 and/or roller 46) (Figs. 4-6; Paras. [0046], [0048]-[0049]) by deformation of the respective resilient connecting element (compression spring 40) (Figs. 2, 4-6; Paras. [0046], [0049]).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Claeys in view of U.S. Pat. Pub. No. 2021/0267129 to McClure.
Regarding claim 18, Claeys discloses the cutter device according to claim 2 (see above). Furthermore, Claeys discloses a cutter device (Abstract) wherein the agricultural harvester comprises a round baler (Para. [0021]). However, Claeys does not expressly disclose that the round baler includes a tailgate, a first hydraulic cylinder for actuating the control element, and a second hydraulic cylinder for operating the tailgate; and the first and second hydraulic cylinders are arranged parallel to one another; and/or the first cylinder is operable to adjust the position of the control element in response to the tailgate opening. Nevertheless, McClure teaches a cutter device (Abstract; Figs. 1-3; Paras. [0001], [0006]-[0008]) wherein the agricultural harvester comprises a round baler (round baler 10) (Fig. 1; Paras. [0001]-[0003], [0017]), the round baler includes a tailgate (tail gate 12) (Fig. 1; Para. [0020]), a first hydraulic cylinder (first and second hydraulic cylinders 242, 244) (Fig. 3; Para. [0022]-[0023]) for actuating the control element (Paras. [0003]-[0004], [0024]), and a second hydraulic cylinder for operating the tailgate (Paras. [0003], [0020]-[0021], [0028]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the cutter device disclosed in Claeys with the round baler having first and second hydraulic cylinders to adjust the position of the control element in response to tailgate opening, as taught in McClure with a reasonable expectation of success in order to provide a cleanout procedure after one or more bales are dropped to avoid having the knife tray(s) remain clogged with agricultural debris, as taught in McClure (Abstract; Para. [0001], [0006]-[0009]) and to avoid the need for the operator to manually cleanout the knife tray, as taught by McClure (Para. [0009]). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the cutter device disclosed in Claeys with the round baler having first and second hydraulic cylinders to adjust the position of the control element in response to tailgate opening, as taught in McClure with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
However, neither Claeys nor McClure expressly teaches that the first and second hydraulic cylinders are arranged parallel to one another. Nevertheless, in cases like the present, where patentability is said to be based upon particular chosen dimensions or upon another variable recited within the claims, applicant must show that the chosen dimensions are critical. See MPEP 2144.05(III)(A). As such, the claimed dimensions appear to be an obvious matter of engineering design choice and thus, while being a difference, does not serve in any way to patentably distinguish the claimed invention from the applied prior art. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); In re Kuhle, 526 F2d. 553, 555, 188 USPQ 7, 9 (CCPA 1975).
Regarding claim 19, Claeys discloses the cutter device according to claim 1 (see above). However, Claeys does not expressly disclose the cutter device including a controller, such as an electronic controller, arranged to operate the round baler, wherein the controller is arranged to actuate the control element and/or selection mechanism, and the controller is arranged to actuate the control element or selection mechanism in response to the controller determining that the bale size has reached a threshold size; or the controller is arranged to actuate the control element or selection mechanism in response to the controller determining that no crop material is being transported by the cutting rotor towards the baling chamber; or the controller is arranged to actuate the control element or selection mechanism in response to the controller determining that the tailgate has opened or closed; or the round baler includes a binding device, and the controller is arranged to actuate the control element or selection mechanism in response to the controller determining that the binding device is operational; or the controller is arranged to actuate the control element or selection mechanism in response to the controller determining the bale has been released from the bale chamber.
Nevertheless, McClure teaches a cutter device (Abstract) including a controller (controller 34) (Fig. 3; Paras. [0021]-[0026], [0028]) arranged to operate the round baler (Abstract; Figs. 1-4; Paras. [0021]-[0022], wherein the controller (controller 34) (Fig. 3; Paras. [0021]-[0026], [0028]) is arranged to actuate the control element or selection mechanism, and the controller (controller 34) (Fig. 3; Paras. [0021]-[0026], [0028]) is arranged to actuate the control element or selection mechanism in response to the controller (controller 34) (Fig. 3; Paras. [0021]-[0026], [0028]) determining that the tailgate has opened or closed (Para. [0025]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the cutter device disclosed in Claeys with the round baler having a controller arranged to operate the round baler, wherein the controller is arranged to actuate the control element or selection mechanism, and the controller is arranged to actuate the control element or selection mechanism in response to the controller determining that the tailgate has opened or closed, as taught in McClure with a reasonable expectation of success in order to provide a cleanout procedure after one or more bales are dropped to avoid having the knife tray(s) remain clogged with agricultural debris, as taught in McClure (Abstract; Para. [0001], [0006]-[0009]) and to avoid the need for the operator to manually cleanout the knife tray, as taught by McClure (Para. [0009]). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the cutter device disclosed in Claeys with the round baler having a controller arranged to operate the round baler, wherein the controller is arranged to actuate the control element or selection mechanism, and the controller is arranged to actuate the control element or selection mechanism in response to the controller determining that the tailgate has opened or closed, as taught in McClure with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter
Claims 11-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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. U.S. Pat. Pub. Nos. 2016/0057937 to McClure; 2017/0105348 to Rosseel et al.; 2016/02197890 to McClure et al.; 2020/0170191 to Devroe et al.; and European Pat. Pub. No. EP 2 659 761 A1 to Birkhofer relate to balers with knives that are extendable and retractable.
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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671