DETAILED ACTION
Acknowledgements
In the reply filed July 7, 2026, the applicant amended claims 1 and 4-6.
Currently claims 1-7 are under examination.
Drawings
The subject matter of this application admits of illustration by a drawing, other than the non-English version present in the WIPO publication to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. 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).
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 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.
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horsch (EP 3649841 A1).
Regarding Claim 1, Horsch discloses agricultural machine (Horsch: 10) comprising
- at least one support frame (Horsch: 13) that is associated with said machine (Horsch: 10) and comprises at least one receptacle (Horsch: Figures 2A/B: space in 24/13 occupied by 26) for at least one crossbeam (Horsch: 26) aligned to be substantially transverse to a direction of travel (F) of said machine (Horsch: 10),
- At least one, bearing device (Horsch: 32) by way of which said crossbeam (Horsch: 26) is arranged at said receptacle (Horsch: Figures 2A/B: space in 24/13 occupied by 26) so as to be rotatable at least in part about its longitudinal axis, wherein said bearing device (Horsch: 32) comprises at least one shell element (Horsch: 38, 42) which, when viewed in the circumferential direction, comprises an outer side (Horsch: outer side of 42) facing said receptacle (Horsch: Figures 2A/B: space in 24/13 occupied by 26) and an inner side (Horsch: inner side of 42) facing said crossbeam (Horsch: 26), wherein at least one compensating body (Horsch: 34) is arranged between said inner side (Horsch: inner side of 42) and said crossbeam (Horsch: 26) by way of which said crossbeam (Horsch: 26) is connected in a rotationally fixed manner to said shell element (Horsch: 38, 42), wherein said shell element (Horsch: 38, 42) and said compensating body (Horsch: 34) are configured such that said bearing device (Horsch: 32), and/or said compensating body (Horsch: 34), in an assembled state is/are braced with said crossbeam (Horsch: 26), in a force-fit manner and/or in the manner of a clamping connection (Horsch: Figure 2B: in cooperation with 38).
Regarding Claim 7, Horsch discloses the machine according to claim 1 wherein said crossbeam (Horsch: 26) is associated with at least one actuator (Horsch: 58) for rotating and/or pivoting said crossbeam (Horsch: 26), wherein said actuator can be coupled by way of at least one bearing device (Horsch: 32) to said crossbeam (Horsch: 26) by way of at least one lever device (Horsch: connection point of 56).
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 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.
Claims 2-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Horsch in view of Connell (U.S. Pub. No. 2011/0255812).
Regarding Claim 2, Horsch discloses the machine (Horsch: 10) according to claim 1, but does not disclose wherein in that said shell element (Horsch: 38, 42), along said inner side (Horsch: inner side of 42), and said compensating body (Horsch: 34), along an outer contact surface (320A, 320B), are formed to be conical at least in part.
Connell discloses that a multi-part bearing assembly for an agricultural implement may have elements, comparable to the shell and compensating body of Horsch, may be at least partially conical in form (Connell: Figure 5: 72, 82).
It would have been obvious to one having ordinary skill in the art at the time of the invention’s filing to have utilized the angled (conical) surfaces of the multi-part bearing of Connell with a reasonable expectation of success in the invention of Horsch as the use of angled surfaces at least as a part of a bearing assembly are old and well known variations of complementary rotating surfaces. A change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding Claim 3, Horsch and Connell render obvious the machine (Horsch: 10) according to claim 2, wherein an adjustable, axial force that corresponds at least substantially to the longitudinal axis of said crossbeam (Horsch: 26) can be generated within said bearing device (Horsch: 32), wherein said shell element (Horsch: 38, 42) and/or said compensating body (Horsch: 34), is configured to convert the axial force at least in part into a radial force directed approximately perpendicular to the axial force, and wherein said bearing device (Horsch: 32), said compensating body (Horsch: 34), is braced with said crossbeam (Horsch: 26) (Horsch: 26) in dependence of the radial force (Horsch: Function of Cross members 26, 26’ are to rotate and adjust working depth).
Regarding Claim 4, Horsch and Connell render obvious the machine (Horsch: 10) according to claim 3, wherein said bearing device (Horsch: 32) comprises at least one tensioning device (Horsch: bolts 50 and washers 52) which extends through said shell element (Horsch: 38, 42) and/or said compensating body (Horsch: 34) and which comprises at least one tensioning disk (Horsch: 52) arranged laterally from the outside at said shell element (Horsch: 38, 42) and/or said compensating body (Horsch: 34), and at least one tensioning body (331), wherein the axial forces can be generated and/or adjusted by way of said tensioning device (Horsch: bolts 50 and washers 52).
Regarding Claim 6, Horsch and Connell render obvious the machine according to claim 1, wherein said compensating body (Horsch: 34) comprises at least one inner circumference (Horsch: inner surfaces of 34 that abut 26) which faces said crossbeam (Horsch: 26) when viewed in the circumferential direction and which in the installed state abuts directly and at least in sections against the crossbeam (Horsch: 26) wherein at least one recess is formed along said inner circumference (Horsch: inner surfaces of 34 that abut 26); and
Said inner circumference (Horsch: inner surfaces of 34 that abut 26) is directly abutted outside said at least one recess against said crossbeam (Horsch: 26) and is arranged in a contact-free manner with respect to the crossbeam (Horsch: 26) within the at least one recess (Horsch: Figure 2B: corners of interior of 34 have a space (recess) that is out of physical contact with the corners of 26).
Allowable Subject Matter
Claim 5 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.
The following is an examiner’s statement of reasons for allowance: The use of language directed toward the fitting relationship between the shell element and the compensating body, specifically “said compensating body comprises at least one slot or step-like depression along an outer contact surface and said shell element shell element comprises at least one elevation associated with said depression along said inner side in the manner of a rib or a step, wherein said compensating body and said shell element are connected to one another when viewed in the circumferential direction, in a positive-fit manner by way of said depressions and said elevation associated therewith”, when combined with the other limitations of claim 5, is sufficient to distinguish the applicant’s invention from prior art and obvious variations thereof.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed July 7, 2026 have been fully considered but they are not persuasive
Regarding claim 1, the applicant argues that Horsch does not teach or suggest at least one compensating body that is arranged between an inner side of a shell element and a crossbeam by way of which the crossbeam is connected in a rotationally fixed manner to a shell element. The applicant further argues that Horsch does not teach of suggest said shell element and said compensating body being configured such that said bearing device and/or said compensating body, in an assembled state being braced with said crossbeam in a force-fit manner and/or in the manner of a clamping connection.
The examiner respectfully submits that element 42 (shell element), which is located within and/or a part of 38/36 appears to be rotationally coupled to the crossbeam 26 through compensating body 34 while also being configured, in an assembled state in the manner of a clamping connection via 36/38, therefore anticipating the limitations as they are currently written.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS S WOOD whose telephone number is (571)270-5954. The examiner can normally be reached Monday through Thursday 8:30 AM - 7:00 PM EST.
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, Nicole A Coy can be reached at (571) - 272 - 5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DOUGLAS S. WOOD
Examiner
Art Unit 3672
/DOUGLAS S WOOD/Examiner, Art Unit 3672
/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672
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