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 .
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.
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.
Claims 2 and 11 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 2 recites “a plurality of rollers” and depends from claim 1 that previously recited “one or more rollers”. It is unclear if these limitations refer to the same rollers or distinct rollers. Appropriate correction or clarification is required.
Claim 11 recites “the sledge assembly comprises a plurality of rollers” and depends from claim 1 which previously recited “the sledge assembly comprises an arm and one or more rollers”. It is unclear if these limitations refer to the same rollers or distinct rollers. Appropriate correction or clarification 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)(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 1-3 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Vansteelant et al. (US Patent No. 4,765,237).
Vansteelant discloses a rotary baler (Fig. 1) comprising:
a frame 5/6 defining an expandable bale-forming chamber 4/4’; and
a sledge assembly 10/12 disposed on and defining a boundary of the expandable bale-forming chamber 4/4’, wherein the sledge assembly 10/12 comprises an arm 10 and one or more rollers 12 that are mounted to the arm 10, wherein the one or more rollers 12 are configured to assist in forming a bale within the chamber 4/4’ (Fig. 1),
wherein the arm 10 is pivotable relative to the frame 5/6 about a pivot axis (Fig. 1, the axis of pivot lug 18), and
wherein the arm 10 is also independently translatable relative to the frame 5/6 for adjusting a position of the pivot axis 18 (Fig. 1, arm 10 is translated by movement of arm 9).
In reference to claim 2, Vansteelant discloses a plurality of rollers 12 that are directly mounted to the arm 10.
In reference to claim 3, Vansteelant discloses the sledge assembly 10/12 is configured to translate relative to the frame 5/6 without rotating about the pivot axis 18 (Fig. 1, sledge 10/12 is translated by movement of arm 9).
In reference to claim 9, Vansteelant discloses that the rotary baler comprises stationary rollers 8 that are not attached to the arm 10 (Fig. 1).
In reference to claim 10, Vansteelant discloses that the stationary rollers 8 and the one or more rollers 12 of the sledge assembly 10/12 are arranged along an arc (Fig. 2).
In reference to claim 11, Vansteelant discloses that the sledge assembly 10/12 comprises a plurality of rollers 12, and the plurality of rollers 12 along with the stationary rollers 8 are positioned along the arc (Fig. 2).
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.
Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Vansteelant et al. (US Patent No. 4,765,237) in view of Smith (US Patent Application Publication No. 2012/0042792).
In reference to claim 4, Vansteelant fails to disclose a sensor for sensing a diameter of the bale being formed within the chamber.
Smith discloses a sensor 60 sensing a diameter 36 or 60 (pars. 0019 and 0021) of the bale being formed within the chamber. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a sensor to monitor the size of the bale with a reasonable expectation of success so that the bale can be formed to a desired size.
In reference to claim 5, Vansteelant discloses an actuator 28/31 for translating the sledge assembly 10/12 relative to the frame 5/6 (Fig. 2, actuator 28/31 shifts arm 9, causing sledge 10/12 to translate).
In reference to claim 6, Smith discloses a controller 100 that receives signals from the sensor 60 and is also configured to control the actuator (par. 0021), wherein the controller 100 is configured to actuate the actuator as a function of the signals received from the sensor 60 (par. 0021, “processor 100 can be programmed to adjust the bale diameter measurement to adjust the bale diameter reading in consideration of the optical sensor displacement”).
In reference to claim 6, Smith discloses that the controller 100 is configured to actuate the actuator to translate the sledge assembly so that the bale-forming chamber expands when the sensor 60 senses an increase in bale diameter (par. 0021).
In reference to claim 8, Vansteelant discloses that the actuator 28/31 comprises a piston and cylinder arrangement (Fig. 2).
Allowable Subject Matter
Claims 12-15 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Underhill (US Patent No. 6,145,292) discloses a sledge 20 for a baler 10 (Fig. 1); and Henderson et al. (US Patent No. 5,138,942) discloses a baler 10 with a sledge 68 adjusted by an actuator 106 (Fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRAD HARCOURT whose telephone number is (571)272-7303. The examiner can normally be reached Monday through Friday, 9am to 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at (571)272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRAD HARCOURT/Primary Examiner, Art Unit 3674
3/12/26