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 .
Claim Objections
Claims 6, 10 and 12 are objected to because of the following informalities:
Claim 6, lines 2-3, recites “facing the mowing finger”, should read – facing the finger guard –. Claim 12, line 5 recites the same limitation and is objected to as well.
Claim 10, line 3 recites “in the installed position”, should read – in an installed position –.
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)(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) 1-3, 7-8, 10 and 12-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schumacher et al. (US 6442919 B1).
Regarding claim 1, Schumacher et al. teaches an ear lifter (see Fig. 1) for a mower of a harvesting machine (see Col. 1, lines 4-5) with finger guards [2] which are attached to a cutter bar ([4]; see Col. 3, lines 54-61), the ear lifter comprising:
a support rail [6] with a first end [7] for fastening to the cutter bar (see Col. 3, lines 62-66), and
a stalk lifter [9] connected to a second end (connected to the free end, opposite of [7], see Col. 4, lines 1-3) of the support rail and
a locking lever [17], wherein the locking lever has a support surface [19] for support on one of the finger guards (support surface pushes the finger guard down when the locking lever is fixed, see Col. 4, lines 28-47 and Figs. 3-4) and is fixable in at least two positions (see positions of Figs. 3 and 4, fixable through faces [22a, b, and c], see Col. 4, lines 44-47) relative to the support rail in order to set a distance between the finger guard and the support rail (see distance in Figs. 3-4), and
wherein an elongate recess (space between arms [12 and 12a] in holder [11], see Col. 4, lines 15-25) is provided on the ear lifter and the locking lever is guided displaceably in the elongate recess (locking lever [17] is guided displaceably about pivot pin [16] between each arm [12 and 12a]; therefore, [17] is displaceable within the elongate recess, see Col. 4, lines 26-29 and Figs. 3-4).
Regarding claim 2, Schumacher et al. teaches wherein the elongated recess is arranged in the support rail or in that the elongated recess (space between arms [12 and 12a] in holder [11], see Col. 4, lines 15-25) is arranged in a holder [11] for the finger guard [2] arranged on the support rail [6].
Regarding claim 3, Schumacher et al. teaches wherein the locking lever [17] has a plurality of latching recesses [22a, b, and c], one of the latching recesses in each position interacting with a latching portion ([26], see Col. 4, lines 44-47) on an edge region (see below; edge region is the bottom of arms [12 and 12a] making up the elongate recess, where the latching portion is connected to the edge region through leaf spring [25]) of the elongate recess (space between arms [12 and 12a] in holder [11], see Col. 4, lines 15-25) in order to fix the locking lever in the respective position (see positions in Figs. 3 and 4 and Col. 4, lines 44-47) (please see 112(b) rejection above).
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Regarding claim 7, Schumacher et al. teaches wherein the locking lever [17] has a connecting recess (see below; recess between the arms [12 and 1a] and the support rail [6] in which the latching recesses [22 a, b, and c] connect with the latching portion [26]), the connecting recess being provided to receive a connecting edge region (see below; ends of the arms [12 and 12a]) of the elongate recess (space between arms [12 and 12a] in holder [11], see Col. 4, lines 15-25) at an end of the elongate recess (bottom of arms [12 and 12a]) opposite (latching portion is in the middle of the connecting recess, opposite the end of the elongate recess on either side, see below) the latching portion [26].
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Regarding claim 8, Schumacher et al. teaches wherein the connecting recess (see above) is delimited (webs extend into the connecting recess space; therefore, limiting it, see Figs. 2-4) by at least two webs [13a and 13b], the end portions (see below; end portions of the webs) of which receive the connecting edge region (see below; between each end portion) between them (please see 112(b) rejection above).
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Regarding claim 10, Schumacher et al. teaches wherein the latching portion [26] forms an acute angle (see below; greater than 0° but less than 90°, therefore is an acute angle) with a surface (see below) of the finger guard [2] cooperating with the locking lever [17] in the installed position (position in which the latching recess [22b] is latched to the latching portion [26], see Fig. 4) (please see 112(b) rejection above).
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Regarding claim 12, Schumacher et al. teaches wherein the locking lever [17] has an actuating hook (curved piece of the locking lever that holds the finger guard, see below) for actuation by the finger guard ([2]; when finger guard rises, it presses up on the locking lever through the hook, therefore, actuating it to move upwards if not within locking recesses [22a, b, or c]), the actuating hook being designed to embrace a tip (see below) of the finger guard in such a way that the locking lever is displaced into one of the positions (see positions of Figs. 3 and 4) when a distance (see distance in Figs. 2-3) between the mowing finger and the support rail [6] is changed (distance between finger guard and the support rail is changed via displacement of [17] into one of the positions; pushing finger guard downwards through the use of the actuating hook) (please see 112(b) rejection above).
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Regarding claim 13, Schumacher et al. teaches wherein the locking lever [17] has a stiffening effect (locking lever locks finger guard in place, stiffening the assembly together, see Col. 4, lines 6-10) with respect to a bending stress (support rail is elastically resilient; therefore, has a bending stress, see Col. 3, lines 66-67) on the support rail [6] in a region of the elongate recess (through connecting the latching recesses to the latching portion; space between arms [12 and 12a] in holder [11], see Col. 4, lines 15-25), a stiffening effect of the locking lever being greater (support rail is tensioned when locking lever aligns the grain lifter relative to the ground, see Col. 4, lines 6-10; therefore, the stiffening effect is greater when fixing the support rail downwards relative to the ground) in a first bending direction (downwards relative to the ground) than in a second bending direction (upwards relative to the ground) opposite to the first bending direction.
Regarding claim 14, Schumacher et al. teaches wherein the locking lever [17] is pretensioned by a spring ([25]; spring locks locking lever and latching portion together, therefore, when locked in Figs. 3-4, the locking lever is pretensioned before movement of the lever) in the direction of the latching portion ([26]; since the spring locks the locking lever to the latching portion, the locking lever is pretensioned when locked in the direction of the latching portion).
Regarding claim 15, Schumacher et al. teaches wherein the support surface [19] is intended to be in contact with a side ([20]; see Figs. 3-4) of the finger guard [2] facing the support rail [6].
Regarding claim 16, Schumacher et al. teaches an ear lifter (see Fig. 1) for a mower of a harvesting machine (see Col. 1, lines 4-5) with finger guards [2] which are attached to a cutter bar [4], the ear lifter comprising:
a support rail [6] with a first end [7] for fastening to the cutter bar (see Col. 3, lines 62-66) and
a stalk lifter [9] connected to a second end (connected to the free end, opposite of [7], see Col. 4, lines 1-5) the support rail and
a locking lever [17], wherein the locking lever has a support surface [19] for support on one of the finger guards (pushes finger guard down when the locking lever is fixed, see Col. 4, lines 28-47 and Figs. 3-4) and is fixable in at least two positions (see positions of Figs. 3 and 4, fixable through faces [22a, b, and c], see Col. 4, lines 44-47) relative to the support rail in order to set a distance between the finger guard and the support rail (see distance in Figs. 3-4), and
wherein an elongate recess (space between arms [12 and 12a] in holder [11], see Col. 4, lines 15-25) is provided on the ear lifter and the locking lever is guided displaceably (locking lever [17] is guided displaceably about pivot pin [16] that is connected to each arm making up the elongate recess; therefore, [17] is displaceable within the elongate recess, see Col. 4, lines 26-29 and Figs. 3-4) in the elongate recess, and
wherein the locking lever has a plurality of latching recesses [22a, b, and c], one of the latching recesses in each position interacting with a latching portion ([26], see Col. 4, lines 44-47) on an edge region (see below; bottom of the arms [12 and 12a] form an edge region in which the latching portion is connected to through leaf spring [25]) of the elongate recess in order to fix the locking lever in the respective position (see positions in Figs. 3 and 4 and Col. 4, lines 44-47) (please see 112(b) rejection above).
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Regarding claim 17, Schumacher et al. teaches wherein the locking lever [17] has a connecting recess (see below; recess between the arms [12 and 1a] and the support rail [6] in which the latching recesses [22 a, b, and c] connect with the latching portion [26]), the connecting recess being provided to receive a connecting edge region (see below; ends of the arms [12 and 12a]) of the elongate recess (space between arms [12 and 12a] in holder [11], see Col. 4, lines 15-25) at an end of the elongate recess (bottom of arms [12 and 12a]) opposite (latching portion is in the middle of the connecting recess, opposite the end of the elongate recess on either side, see below) the latching portion [26].
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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.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Schumacher et al. (US 6442919 B1) in view of Chaney (US 2892298 A).
Regarding claim 9, Schumacher et al. discloses the ear lifter as disclosed above, as well as wherein the locking lever [17] is designed as a plate (lever is flat and thin; therefore, is a plate), wherein a pin [16] protrudes from at least one surface of the plate (protrudes through the supporting portion of [17]) in order to hold the locking lever pivotably and displaceably (see Col. 4, lines 58-65) in the elongate recess (space between arms [12 and 12a] in holder [11], see Col. 4, lines 15-25).
But Schumacher et al. fails to disclose two pins protruding from at least one surface of the plate in order to hold the locking lever pivotably and displaceably in the elongate recess.
Chaney discloses a similar ear lifter (see Fig. 1) wherein two pins [23 and 24] protrude from at least one surface (surface of ear [20]) to pivot the finger guard ([11]; see Col. 2, lines 68-72).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the pin of Schumacher et al. with the two pins of Chaney since both are pins that hold the ear lifter together while allowing for rotation; therefore, yielding the same predictable result. Further, it would have been obvious to one having ordinary skill in the art at the time the invention was made to hold the locking lever of Schumacher et al. with two pins instead of one, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bernis Co., 193 USPQ 8.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Schumacher et al. (US 6442919 B1) in view of Schumacher et al. (US 6655120 B2); hence forth, Schumacher et al.*.
Regarding claim 11, Schumacher et al. teaches wherein the locking lever [17] has an actuating portion [28] for manual actuation (see Col. 4, lines 37-38), but fails to disclose wherein a concave shape for receiving a finger of an operator is formed on the actuating portion.
Schumacher et al.* discloses a similar ear lifter (see Fig. 1) comprising of a locking lever ([29 and 30]; see Fig. 6) with an actuating portion [30], wherein a concave shape (see below) for receiving a finger of an operator (capable of receiving a finger when gripped by the operator for actuation) is formed on the actuating portion.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the concave shape of Schumacher et al.* on the locking lever of Schumacher et al. in order for the operator to better grip the locking lever during actuation.
Allowable Subject Matter
Claims 4-6 are 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.
Claims 18-20 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for the full list of references.
Reference US 6691499 B2 discloses a similar ear lifter [10] comprising of a locking lever [16] fixable in at least two positions (through faces [24]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNNY WEBB whose telephone number is (571)272-3830. The examiner can normally be reached Monday - Friday 8:30 to 5:30 E.T..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached at 571-272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNNY D WEBB/Examiner, Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671