DETAILED ACTION
1. Claims 1-25 of application 18/580,584, filed on 18-January-2024, are presented for examination. The IDSs received on 18-January-2024 and 20-February-2026 have been considered.
The present application, filed on or after 16-March-2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections under 35 U.S.C. § 102(a)(1)
2.1 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)(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.
2.2 Claims 1-19, 24 and 25 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Gan, CN201438816.
2.3 Gan discloses:
Claim 1: A fiber plant picking unit apparatus configured to be mounted on a vehicle chassis of a vehicle to pick fiber plants [¶0007; 0103; Fig. 1], the fiber plant picking apparatus comprising:
one or more picking elements [0104; Fig. 1 (32)], each of the one or more picking elements comprising:
a frame part [0007; 0104],
a mounting system configured to mount the frame part releasably on the vehicle chassis [0007; Fig. 1],
and a fiber plant picking and transport installation arranged on the frame part [0012; 0104
(The hemp-pulling mechanism 33 includes a hemp-supporting component 331, a transmission
component 332, a reversing component 333, and a tensioning component 334.)], the fiber plant picking and transport installation comprising:
a plurality of pulleys [Fig. 2 (33231, 33232, 3321, etc.)],
at least one pair of endless conveyor belts trained over the plurality of pulleys and configured to grip the fiber plants therebetween and to pick and then transport the fiber plants in a gripped state [0020 (Multiple wide rubber belts…the hemp-pulling operation area; 0036 (Two laying conveyor belts are arranged in parallel and move synchronously); 0040; 0105; Fig. 2 (33261)], at least one of the pulleys corresponding with one of the conveyor belts being a drive pulley [0018], a throughflow space through which the fiber plants are transported being defined between the at least one pair of conveyor belts [0020 (A front clamping conveying channel)], and
a plurality of drive devices, each of the drive devices having only one drive motor configured to drive only one or only two drive pulleys of one or more corresponding ones of the endless conveyor belts [0018 (Two drive pressure rollers are provided on the outer side of each of the left and right belt drive respectively located in front of and behind the belt drive rollers); 0105 (the two middle belt drive rollers 3321 drive the short and wide rubber belts 33262 to rotate.)], each of the drive devices being positioned adjacent to the respective throughflow space [0020 (A front clamping conveying channel is formed between the long and wide rubber belts and the short wide rubber belts behind the hemp-pulling operation area.)].
Claim 2: wherein at least one of the drive devices has only one drive motor and is configured to drive only one drive pulley [0105].
Claim 3: wherein at least one of the drive motors is configured to drive a transmission mechanism; that is coupled to two adjacent drive pulleys [0105 (Four belt drive wheels 3321 are sequentially connected to the same hemp-pulling device drive gearbox 43 located below the belt drive wheels 3321 (as shown in Figure 1))].
Claim 4: wherein the drive motor extends as a whole adjacent to one or more of: (i) a lower part of the throughflow space and (ii) an upper part of the throughflow space [0105 (four wide rubber belt drive rollers 3321 are provided in the middle of the hemp-pulling device 3.); 0110].
Claim 5: wherein the respective drive motors each include a drive shaft mounted directly on a central rotation element of a drive pulley [Fig. 2 (see the central axis of drive wheel 3321)].
Claim 6: wherein a transmission ratio of the transmission mechanism is substantially 1:1, so that in an operative state, the rotation speed of the drive motor is equal to the rotation speed of a respective one of drive pulleys driven by the drive motor [0105 (the two middle belt drive rollers 3321 drive the short and wide rubber belts 33262 to rotate.)].
Claim 7: further comprising a plurality of power supply lines for the drive motors, wherein the power supply lines comprise connecting points configured to connect the power supply lines to a power supply installation on the vehicle [0106].
Claim 8: wherein the power supply installation comprises a hydraulic pump provided on the vehicle [0040; 0107].
Claim 9: wherein the power supply lines extend along structural elements of the frame part [0106 (Power is transmitted from engine 41 through input shaft 424 of gearbox 42, and then transmitted to hemp-pulling output shaft 421 in front of gearbox 42 via output shaft 423.)].
Claim 10: wherein each of the drive motors is configured to be controlled independently of the remaining drive motors [0106 (A laying output shaft 422 is provided on the left, side of gearbox 42 to output power to conveying device 7 and laying device 8 to provide the power required for the movement of conveying device 7 and laying device 8.)].
Claim 11: wherein a plurality of the drive motors is connected to same power supply lines, in series [0106 (Hemp-pulling output shaft 421 is connected to the lower part of hemp-pulling device drive gearbox 43 to output power to drive hemp-pulling device. The two sides of gearbox 42 are respectively connected to left and right drive wheels 61 to drive left and right drive wheels 61.)].
Claim 12: wherein the drive motors are hydraulic drive motors [0107].
Claim 13: wherein one or more of the drive motors are electric [0107].
Claim 14: wherein each of the drive motors drives only one single drive pulley of the pulleys of the endless conveyor belts [0105 (the two middle belt drive rollers 3321 drive the short and wide rubber belts 33262 to rotate.)].
Claim 15: wherein one or more of the drive motors each drives a pair of drive pulleys of different endless conveyor belts which lie close together [0105 (four wide rubber belt drive rollers 3321 are provided in the middle of the hemp-pulling device 3 to cause multiple pairs the short and wide rubber belts 33262 to rotate); Fig. 2].
Claim 16: further comprising an adjusting mechanism configured to adjust an axial position of at least one of the drive motors together with the drive pulley mounted directly thereon relative to the frame part [0105 (The positions of the front and rear hemp-pulling pressure rollers 33231 and 33232 are adjustable)].
Claim 17: wherein at least one of the drive pulleys is rotatably disposed on a support displaceable along the frame part in an axial direction [Fig. 2].
Claim 18: wherein the adjusting mechanism comprises a hydraulic or electric actuator disposed between the support and the frame part and configured to adjust an axial position of the support and the combination of the drive pulley and the drive motor arranged thereon [0107 (hydraulic and electrical systems connected to the hemp-pulling device, drive device, walking device, conveying device, and laying device)].
Claim 19: A fiber plant picking machine configured to pick and process plants [0007; 0103], the fibre plant picking machine comprising:
a self-propelling vehicle [0001] comprising
a vehicle chassis with at least one conveyor configured to transport picked and processed fiber plants in at least two streams from a first outer end to an opposite second outer end [0114 (The laying device uses two parallel synchronous moving laying conveyor belts with teeth.)], and
at least one delivering system provided at or close to the second outer end to receive the respective streams of picked, processed and transported fiber plants and then place the received fiber plants on the ground in at least two rows [0114 (There are guide strips on both the upper and lower sides of the flax conveying channel. The laying device is as close to the ground as possible to ensure that the flax is conveyed and laid in an orderly, neat, reliable and continuous synchronous manner during the conveying and laying process, without being affected by wind and without damaging the fibers)]; and
the fiber plant picking apparatus according to claim 1, mounted or mountable on the vehicle chassis [0007; 0103; Fig. 1],.
Claim 24: A method of using the fiber plant picking apparatus according to claim 1 [0007; 0103].
Claim 25: A method of picking and processing fiber plants with the fiber plant picking machine according to claim 19, the method comprising: driving a maximum of two of the drive pulleys per respective drive motor [0105 (the two middle belt drive rollers 3321 drive the short and wide rubber belts 33262 to rotate.)].
Claim Rejections under 35 U.S.C. § 103
3.1 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 the objective evidence present in the application indicating
obviousness or nonobviousness.
3.2 Claims 20-23 are rejected under 35 U.S.C. § 103 as being unpatentable over Gan, CN201438816, in view of Van Puyvelde, WO 2021/005466.
3.3 Gan discloses the invention substantially as claimed, but does not specifically disclose
all of the features of claims 20-23. However, in an analogous prior art reference in the same field of endeavor and/or reasonably pertinent to the problem being solved, Van Puyvelde describes these features, including:
Claim 20: wherein the fiber plant picking apparatus further comprises:
a first pivotable picking element configured to pick a lower part of the fiber plants relative to the ground surface [page 5:ln(s) 30-35; 9:33-38; Fig. 1], and
a second picking element disposed above the first picking element and configured to pick an upper part of the fiber plants relative to the ground surface [5:30-35; 9:33-38; Fig.1].
Claim 21: wherein the first picking element has a first transport installation configured to grip the the lower part of the respective fiber plants [9:33-36], pull the gripped fiber plants from the ground along with roots of the fiber plants [4:13-20 (flax is traditionally pulled up)], and transport the lower parts of the fiber plants to the at least one conveyor of the vehicle [10:1-6], and
wherein the second picking element has a cutter configured to cut the fiber plants at a position between the upper and lower parts of the fiber plants [9:33-36], the second picking element having a second transport installation configured to grip the upper part of the respective fiber plants [9:37-10:8] and to transport the upper parts of the fiber plants to the at least one conveyor of the vehicle [10:1-6], the cutter being configured to cut the fiber plants during transport [9:37-10:10].
Claim 22: wherein the first and second picking elements are disposed relative to each other such that during travel of the vehicle the second picking element first grips and cuts loose the upper parts of the fiber plants and only then does the first picking element grip the lower parts of the fiber plants [9:35 (The hemp is cut upright, roughly simultaneously on both levels); Fig. 1 (where the upper cutter would likely engage the broader leafy upper part of the plant before engaging the lower stalk-portion of the plant)].
Claim 23: further comprising one or more of:
i) a first lift disposed between the vehicle chassis and the first picking element, the first lift being configured to set a pivot position of the first picking element relative to the vehicle chassis [Fig. 1 (11)], and
(ii) a second lift disposed between one or more of: (i) the vehicle chassis and the first picking element and (ii) the first and second picking elements, the second lift being configured to set a pivot position of the second picking element respectively relative to one or more of the vehicle chassis and the first picking element.
3.4 Therefore, it would have been obvious for a person of ordinary skill in the art, as of the effective filing date of the claimed invention, to modify the flax harvester model as disclosed by Gan with the device for harvesting hemp as taught by Van Puyvelde, because doing so would maximize an improvement for harvesting hemp, especially in terms of maximizing quality (including length) of the fibers obtained [2:26], with a reasonably predictable expectation of success.
Prior Art
4. The following prior art, discovered in an updated search and herein made of record, is considered pertinent to Applicant’s disclosure, and consists of documents A-E on the attached PTO-892 Notice of References Cited, such documents defining the general state of the art which is not considered to be of particular relevance.
Prior Art of Record
5. The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure (see MPEP §2163.06). Applicant is reminded that the Examiner is entitled to give the Broadest Reasonable Interpretation (BRI) of the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims. [SEE MPEP 2141.02 [R-07.2015] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123].
In addition, disclosures in a reference must be evaluated for what they would fairly teach one of ordinary skill in the art [See In re Snow, 471 F.2d 1400, 176 USPQ 328 (CCPA 1973) and In re Boe, 355 F.2d 961, 148 USPQ 507 (CCPA 1966)]. Specifically, in considering the teachings of a reference, it is proper to take into account not only the specific teachings of the reference, but also the inferences that one skilled in the art would reasonably have been expected to draw from the reference [See In re Freda, 401 F.2d 825, 159 USPQ 342 (CCPA 1968) and In re Shepard, 319 F.2d 194, 138 USPQ 148 (CCPA 1963)]. Likewise, it is proper to take into consideration not only the teachings of the prior art, but also the level of ordinary skill in the art [See In re Luck, 476 F.2d 650, 177 USPQ 523 (CCPA 1973)]. Specifically, those of ordinary skill in the art are presumed to have some knowledge of the art apart from what is expressly disclosed in the references [See In re Jacoby, 309 F.2d 513, 135 USPQ 317 (CCPA 1962)].
Response Guidelines
6.1 A shortened statutory period for response to this non-final action is set to expire 3 (three) months and 0 (zero) days from the date of this letter. Unless the applicant is notified in writing that a reply is required in less than six months (see the shortened response period previously noted), a maximum period of six months is allowed, if a petition for an extension of time and the fee set in § 1.17(a) are filed [see MPEP 710 and 35 U.S.C. 133]. Failure to respond within the required period for response will cause the application to become abandoned [see MPEP 710.02, 710.02(b)].
6.2 Any response to the Examiner in regard to this non-final action should be
directed to: Russell Frejd, telephone number (571) 272-3779, Monday-Friday from 0730 to
1600 ET. If attempts to reach the examiner by telephone are unsuccessful,
please contact the examiner’s supervisor, Peter Nolan, who can be reached at
(571) 270-7016.
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/RUSSELL FREJD/
Primary Examiner AU 3661