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 .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 18/569,966 filed on 12/13/2023.
Claims 1 – 19 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on was filed after the mailing date of the 01/08/2024, 12/13/2023 are fully considered by examiner The submission is in compliance with the provisions of 37 CFR 1.97.
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 (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 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(s) 1 – 10, 12, 14 – 19 are rejected under 35 U.S.C. 103 as being unpatentable over EP3574744 – Borio et al. hereinafter as BORIO in view of CN106961914 – Yang et al. hereinafter as YANG
Regarding Claim 1
BORIO discloses:
1. An agricultural machine comprising a sucker removing device adapted to remove suckers from a vegetable plant, said sucker removing device comprising:
an arm extending substantially horizontal from the agricultural machine; (Fig. 1 – arm 23, para. 0051 – sucker removing machine 2 is associated with an agricultural tractor)
at least one actuator device; ( fig. 1 and 2 - actuator 25)
a support structure extending substantially parallel to the arm( fig. 1 – protection structure 6)
a cutting system comprising at least a first disc and a second disc( Fig. 1 and 2 - Cutting device 5), wherein the first disc is coupled to said support structure(protection structure 6) by means of a first shaft extending substantially perpendicular from the first disc along a first axis of rotation( see figure 1 – Z first axis rotation first shaft), and wherein the second disc is coupled to said support structure (fig. 1 - protection structure 6) by means of a second shaft extending substantially perpendicular from the second disc along a second axis of rotation, ( see figure 1 – Z second axis rotation second shaft)
a transmission system connecting the actuator device(fig. 1 – actuator 4 and 42 belt drive) to
BORIO discloses of an sucker removing cutting system with an arm extending horizontally and a support structure parallel to arm, a cutting system with a first disc and second disc and a transmission system connecting the actuator device, BORIO doesn’t explicitly disclose of a transmission and support structure with a main shaft and a first shaft and a second shaft, and YANG is a multi-disc orchard cutting device wherein the cutting discs are connected to a transmission working with a main shaft a first shaft and second shaft for the individual cutting elements, YANG further discloses:
a support structure extending substantially parallel to the arm, ( fig. 1 – plate 16 – support structure ) wherein said support structure(fig. 1 – support structure 16) is coupled to said arm by means of a main shaft ( Fig. 1 – main shaft – transmission shaft 11) extending along a substantially vertical main axis of rotation( Fig. 9 shaft vertical axis of rotation), at least one first bearing interposed between the main shaft and the arm(fig. 1 - bearing 8), and at least one second bearing interposed between the main shaft and the support structure((fig. 1 - bearing through plate 16 support structure), such that the support structure can rotate idle relative to said substantially vertical main axis of rotation( Fig. 1 – 9 axis of rotation, wherein the support structure 16 can rotate freely relative to the main axis 9, where the support structure can be moved separate from the main axis of 9),
a transmission system connecting the actuator device ( fig. 1 - hydraulic motor – 9) to the main shaft( transmission shaft 11) and said main shaft of the first shaft of the first cutting element and to the second shaft of the second cutting element, wherein the first cutting element and the second cutting element are set in motion by said actuator device and by said transmission system so as to rotate about said first axis of rotation and, respectively, about said second axis of rotation, which are substantially parallel to said main axis of rotation.( fig. 1 - wherein the blade shafts 14 are parallel to main shaft – transmission shaft 11 )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the sucker remover cutting device that has a first disc and a first shaft, and a second disc and second shaft of BORIO to utilize the support structure and a transmission system connecting the actuator device to the main shaft and said main shaft of the first shaft of the first cutting element and to the second shaft of the second cutting element, wherein the first cutting element and the second cutting element are set in motion by said actuator device and by said transmission system so as to rotate about said first axis of rotation and, respectively, about said second axis of rotation, which are substantially parallel to said main axis of rotation as disclosed by YANG. This would allow BORIO to utilize the highly efficient transmission system of utilizing a Main shaft to drive multiple shafts that are connected to cutting elements as this design allows the ability to avoid obstacles such as tree line spacing for mowing and improve height adjustment and avoid miss cutting( YANG page 8 - It is possible to move up and down on the hydraulic cylinder drives the lifting arm, and adjusting the cutting plate and ground keep horizontal through the hydraulic cylinder between the lifting arm and the support, so as to adjust the stubble height. Because cantilever device, so the mowing device can enter the tree line spacing for mowing, and capable of meeting the fruit outwards, so as to avoid tree. cutting knife arranged three-disc also can effectively avoid phenomenon of miss cutting)
[AltContent: rect]
[AltContent: textbox (YANG)][AltContent: arrow][AltContent: textbox (Vertical Main Axis of Rotation)]
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[AltContent: textbox (BORIO)][AltContent: rect][AltContent: textbox (Second axis)][AltContent: textbox (Second shaft)][AltContent: arrow][AltContent: textbox (Second disc)][AltContent: arrow][AltContent: textbox (First disc)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First axis)][AltContent: arrow][AltContent: textbox (First shaft)][AltContent: arrow]
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Regarding Claim 2
BORIO / YANG discloses claim 1:
BORIO discloses the support structure as disclosed fig.1 :
2. The agricultural machine according to claim 1, wherein the first disc and the second disc face towards the support structure (fig. 1 – protection structure 6), in particular towards a lower portion of said support structure, and are positioned at substantially the same distance from said support structure. ( fig. 1 where in the first disc and second disc face towards the support structure ( fig. 1 - protection structure 6, the discs are the same distance from support structure)
Regarding Claim 3
BORIO / YANG discloses claim 1:
BORIO discloses the first shaft of the first disc and the second shaft with the second disc( fig. 1 cutting disc 5)
YANG discloses the transmission combination in claim 1 wherein YANG further discloses the actuating system comprising:
3. The agricultural machine according to claim 1, wherein the first shaft of the first cutting element and the second shaft of the second cutting element are perpendicular to the extension of the arm and/or of the support structure and are substantially parallel to the main shaft. ( fig. 1 and fig. 2 – first shaft of the first disc are perpendicular to the art extension and the shaft is parallel to the main shaft)
Regarding Claim 4
BORIO / YANG discloses claim 1:
YANG discloses the transmission combination in claim 1
4. The agricultural machine according to claim 1, wherein the support structure is, in a plan view, shaped as two circumferences in contact with each other, wherein the first shaft of the first disc and the second shaft of the second disc are positioned substantially at the centers of said two circumferences. ( Fig. 1 – Plate 16 – support structure where in there are multiple circumferences in contact with each other)
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Regarding Claim 5
BORIO / YANG discloses claim 1:
YANG discloses the transmission combination in claim 1
5. The agricultural machine according to claim 1, wherein the main shaft is substantially equidistant from said first shaft and second shaft. ( fig. 1 – transmission shaft 11 is equidistant to a first shaft and second shaft)
[AltContent: textbox (Second shaft)][AltContent: textbox (First shaft)][AltContent: arrow][AltContent: arrow]
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Regarding Claim 6
BORIO / YANG discloses claim 1:
BORIO discloses the sucker remover cutting device , YANG discloses the cutting transmission system that includes a third disc and third shaft substantially parallel with the main axis of rotation, further discloses:
6. The agricultural machine according to claim 1, wherein the cutting system comprises a third disc coupled to said support structure by means of a third shaft extending substantially perpendicular from the third disc along a third axis of rotation which is substantially parallel to the main axis of rotation, wherein the third shaft and the third cutting element are set in motion by said actuator device and by said transmission system so as to rotate about a third axis of rotation which is substantially parallel to the main axis of rotation. ( fig. 1 and page 9 - the cutting device mainly comprises a support (8), a hydraulic motor (9), shaft coupling (10),transmission shaft (11), a belt wheel I (12), with (13), a cutting shaft (14), a belt wheel II (15); discs(16), the axis are parallel)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the sucker remover cutting device that has a first disc and a first shaft, and a second disc and second shaft of BORIO / YANG to further disclose of a third disc coupled to said support structure by means of a third shaft extending substantially perpendicular from the third disc along a third axis of rotation which is substantially parallel to the main axis of rotation, wherein the third shaft and the third cutting element are set in motion by said actuator device and by said transmission system so as to rotate about a third axis of rotation which is substantially parallel to the main axis of rotation as disclosed by YANG. This would allow BORIO to utilize the highly efficient transmission system of utilizing a Main shaft to drive multiple shafts that are connected to cutting elements as this design allows the ability to avoid obstacles such as tree line spacing for mowing and improve height adjustment and avoid miss cutting.( YANG – page 8 - - It is possible to move up and down on the hydraulic cylinder drives the lifting arm, and adjusting the cutting plate and ground keep horizontal through the hydraulic cylinder between the lifting arm and the support, so as to adjust the stubble height. Because cantilever device, so the mowing device can enter the tree line spacing for mowing, and capable of meeting the fruit outwards, so as to avoid tree. cutting knife arranged three-disc also can effectively avoid phenomenon of miss cutting)
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (First shaft – first axis of rotation)][AltContent: textbox (Second shaft – second axis of rotation)][AltContent: textbox (Third shaft – third axis of rotation)][AltContent: textbox (Main shaft – transmission shaft 11 - main axis of rotation)][AltContent: arrow][AltContent: textbox (actuator)]
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Regarding Claim 7
BORIO / YANG discloses claim 6:
BORIO discloses of a disc with support structure
YANG discloses the transmission combination in claim 6
7. The agricultural machine according to claim 6, wherein the third cutting element faces towards the support structure, in particular towards a lower portion of said support structure , and is positioned at a given distance from said support structure, in particular the first cutting element, the second cutting element and the third cutting element being all positioned at the same distance from the support structure and being fixed to said support structure in such a way that they are substantially coplanar with one another. ( fig. 1 - wherein plate 16 is the support structure, discs 1, 2 and 3 are all the same distance from plate 16, and thus coplanar)
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Regarding Claim 8
BORIO / YANG discloses claim 6:
YANG discloses the transmission combination in claim 6
8. The agricultural machine according to claim 6, wherein the support structure has, in a plan view, a perimeter substantially shaped as three circumferences in contact with one another, wherein the first shaft, the second shaft and the third shaft are positioned substantially at the centers of said three mutually contacting circumferences. ( Fig. 1 - plate 16 where in the support is in the shape of the 3 circumferences, the first shaft, second shaft, and third shaft are at the centers of the three contacting circumferences)
Regarding Claim 9
BORIO / YANG discloses claim 6:
YANG discloses the transmission combination in claim 6
9. The agricultural machine according to claim 6, wherein the main shaft is substantially equidistant from said first shaft, second shaft and third shaft. ( fig. 1 – main shaft equidistant from the other three shafts)
Regarding Claim 10
BORIO / YANG discloses claim 1:
BORIO discloses the support structure of fig.3 , further discloses:
10. The agricultural machine according to claim 1, wherein the support structure comprises a plurality of protrusions (fig. 3 – protrusion 72 ) spaced apart along an outer perimeter of said support structure(fig. 3 - support structure 6) so as to define a plurality of recesses between said protrusions(cavities 62 ), wherein each recess is adapted to receive a sucker to be cut,( para. 0070 – wherein the cavity 62 is the recess removed suckers from vegetable plant) wherein an assembly including said support structure (fig. 3 - support structure 6) and each protrusion (fig. 3 – protrusion 72 ) extends along at least one plane perpendicular to each one of said axes of rotation ( Fig. 3 – extend perpendicular to axes of rotation 6A) by a quantity greater than the extension along the same perpendicular plane of each one of the discs,( fig. 2 and 3 – where in the protrusions 72 extend beyond the discs - cutting device 5)
wherein each recess comprises a bottom which is distant from said axes of rotation y a quantity smaller than the extension of the respective discs along said perpendicular plane, so that said discs can come in contact with each sucker that enters said recesses and cut it. ( See figure 2 – where in the cavity 62 – has a bottom, distant from the axis of rotation smaller than the cutting disc 5 so cutting disc 5 can cut when suckers are close.)
[AltContent: textbox (Striker element - 74)][AltContent: arrow][AltContent: oval][AltContent: textbox (Protrusion – protrusion 72)][AltContent: oval][AltContent: arrow]
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Regarding Claim 12
BORIO / YANG discloses claim 10:
BORIO discloses :
12. The agricultural machine according to claim 10, wherein the sucker-removing device comprises a plurality of coupling elements removably fixed to the support structure, wherein the number of coupling elements matches the number of discs coupled to the support structure, and wherein each coupling element comprises a plurality of protrusions and respective recesses on its outer edge. ( fig. 2 – coupling elements as indicated in the diagram below wherein the coupling elements are interpreted to be the connecting element that attaches to the protrusions 72 with 62 being the cavities)
[AltContent: textbox (Coupling elements)][AltContent: arrow][AltContent: arrow]
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Regarding Claim 14
BORIO / YANG discloses claim 12:
BORIO discloses the discs.
YANG discloses the transmission 3 element cutting elements claim 12:
14. The agricultural machine according to claim 12, wherein the sucker-removing device comprises at least one spacer element adapted to position the coupling element at different heights relative to the support structure and relative to a respective cutting element, in particular said at least one spacer element being removably fixed to the support structure and/or said coupling element being removably fixed to the spacer element. ( fig. 1 wherein coupling elements are the belt wheels attached to each shaft, where in shaft coupling 10 is the spacer element that position the couple elements at different heights)
Regarding Claim 15
BORIO / YANG discloses claim 1:
BORIO discloses
15. The agricultural machine according to claim 1, wherein it comprises a retaining device(fig . 1 - discloses 52 ), in particular interposed between the arm and the support structure, adapted to stop or counter the idle rotation of the support structure when it is not in contact with the vegetable plant, and to release the idle rotation of said support structure when it is in contact with the vegetable plant. (Fig. 1 - discloses element 52 where in 52 is the retaining device the retains the structure and the blades and retains the device and supports when it’s not in Contact with plants. )
Regarding Claim 16
BORIO / YANG discloses claim 105:
BORIO discloses:
16. The agricultural machine according to claim 15, wherein said retaining device comprises friction elements respectively positioned on the arm and on the support structure and in contact with each other, wherein said friction elements are configured to be positioned in contact with each other in order to counter the idle rotation of the support structure when it is not in contact with the vegetable plant, and to release the idle rotation of said support structure when it is in contact with the vegetable plant. ( Fig. 1 – element 52 is closing plate ~ retaining plate that protects the mechanism revolving around the axis of the device, the friction elements[AltContent: textbox (Friction elements is the element holding the retaining device)][AltContent: arrow]
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Regarding Claim 17
BORIO / YANG discloses claim 1:
BORIO discloses:
17. The agricultural machine according to claim 1, wherein it comprises a shock- absorbing device interposed between the arm and the agricultural machine and configured to allow the arm, the support structure and the discs to move along a horizontal plane when the support structure is in contact with the vegetable plant. (fig. 2 – where in 27 has shock absorbing elements such as a shock or a strut between the arm and tractor 22)
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Regarding Claim 18
BORIO / YANG discloses claim 1:
BORIO discloses
18. The agricultural machine according to claim 17, wherein said shock-absorbing device comprises:-
four rods parallel to each other in pairs and hinged to each other in pairs, wherein a first rod of said four rods is fixed to the agricultural machine, and wherein said arm is fixed to a rod other than said first rod; - ( fig. 1 – wherein structure 22 has rods, 4 rods total, the elements are secured with brackets shown below. Rods first and third extends outwardly and the second and fourth rod are fixed to the tractor
at least one return element which comprises a first portion or end fastened to a fixed point of the agricultural machine and a second portion or end fastened to a rod other than said first rod. ( See fig. 1 - wherein the rod 2 is fastened to the fixed point of the vehicle. Wherein the rod 4 is fasten to a rod other than the first rod, which is rod 3 )
[AltContent: textbox (Rod 2)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Rod 4)][AltContent: textbox (Rod 3)][AltContent: textbox (Rod 1)]
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Regarding Claim 19
BORIO / YANG discloses claim 1:
19. A sucker-removing device of an agricultural machine according to claim 1. ( See claim 1)
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over EP3574744 – Borio et al. hereinafter as BORIO in view of CN106961914 – Yang et al. hereinafter as YANG in view of US Patent 5425224 – Downey et al. hereinafter as DOWNEY
Regarding Claim 11
BORIO / YANG discloses claim 10:
BORIO discloses:
11. The agricultural machine according to claim 10, wherein each protrusion comprises a striker element ( fig. 2 - Striker element - 74) positioned in proximity to a distal end of the protrusion,(figure 2 – protrusion 72 with striker element 74) in particular each striker element being associated with the respective protrusion in such a way as to rotate idle relative to said protrusion (figure 2 wherein the striker element rotates idle , free rotation) about an axis (fig. 2 - wherein 74 is freely rotating on an axis different from vertical axis of rotation and para. [0026] In a preferred embodiment, said striker element 74 can rotate idly about an axis. The present solution makes it possible to further reduce the damages caused by impacts of the protrusions 7 against the vegetable’s plant.)
BORIO discloses a striker element about an axis to the main axis of rotation ( para. [0043] In the preferred embodiment, said striker elements 74 further promote the entrance of the suckers
into said cavities 62 due to the fact that they can rotate about an axis.) DOWNEY discloses of striker element to be at an axis parallel to the main axis of rotation. ( see fig. 3 striker axis 86 striker 22)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BORIO cutting disc to utilize a striker element that is about an axis to the main axis of rotation to utilize the a striker element that is amount an axis that is parallel to the main axis of rotation as taught by DOWNEY. This would allow BORIO to encountering during operation of fixed object such as the post, the guard rollers protect the object from damage.( Col 5 line 33 – 35)
[AltContent: textbox (Roller 22)][AltContent: arrow][AltContent: textbox (Striker axis 86)][AltContent: connector][AltContent: connector]
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[AltContent: textbox (Rotational axis)]
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over EP3574744 – Borio et al. hereinafter as BORIO in view of CN106961914 – Yang et al. hereinafter as YANG in view of US PG Pub 20190320581 – Merkt et al. hereinafter as MERKT
Regarding Claim 13
BORIO / YANG discloses claim 10:
BORIO /YANG discloses of a multiheaded cutting device for cutting around trees and objects, MERKT discloses of a multiheaded cutting device also used for cutting around objects with a horseshoe shaped coupling element:
13. The agricultural machine according to claim 12, wherein each coupling element is shaped substantially like a horseshoe, wherein the open tract of the horseshoe-shaped coupling element faces towards the main shaft. (See fig. 10 and 11)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BORIO’s multi headed cutting device for cutting around objects and trees to utilize a horseshoe shaped coupling element as taught by MERKT. This would allow for BORIO to improve the protection of the multi-head cutting device from the elements.
[AltContent: arrow][AltContent: arrow][AltContent: textbox (U shaped horseshoe shaped coupling element , faces the main shaft )]
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671