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 .
Election/Restrictions
Claims 12-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention I, a method of operating an agricultural boom assembly, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/15/2025.
Applicant's election with traverse of claims 1-11 and 17-20 drawn to Invention II, an agricultural boom assembly comprising a breakaway section and a damper system, in the reply filed on 12/15/2025 is acknowledged. The traversal is on the ground(s) that the search and examination of all the claims in the application can be made without serious burden. This is not found persuasive because: as explained in the Requirement for Restriction/Election mailed 10/16/2025, the process for using the agricultural boom assembly comprising the damper system as claimed in Invention II, e.g., i) using the pressure reducing-reliving valve as a pressure regulator to regulate the pressure of the hydraulic fluid provided to the piston-side chamber and the rod-side chamber, which only requires the pressure reducing-reliving valve to fluidly coupled with said two chambers as claimed in Invention II without providing the hydraulic fluid to said two chambers via the pressure reducing-reliving valve as claimed in Invention I; and/or ii) using the flow control valve as a metering valve to meter/control the flow rate of the hydraulic fluid provided to the rod-side chamber, which only requires the flow control valve to be positioned between the pressure reducing-reliving valve and the rod-side chamber as claimed in invention II without deflecting the breakaway boom section to pull the hydraulic fluid flowing into the rod-side chamber via the flow control valve as claimed in invention I.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because i) reference character “50” has been used to designate both lift arm assembly in Fig. 3 and hinge joint in Fig. 1; ii) reference character “46” has been used to designate both outer section frame in Fig. 3 and hinge joint in Fig. 1; iii) reference character “48” has been used to designate both breaking section frame in Fig. 3 and hinge joint in Fig. 1
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 186, 178, 180, and 176 in Fig. 4, and 184 in Fig. 5.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the tank in claim 3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. 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). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 10 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.
Regarding claim 2, the recitation “wherein the flow control valve and the rod-side chamber are upstream of the relief valve, and wherein the flow control valve is in parallel with the relief valve” is indefinite because: recitation “the flow control valve … upstream of the relief valve” defines the flow control valve is in series with the relief valve, which is conflicting with the recitation “the flow control valve is in parallel with the relief valve” in claim 2 and claim 1, and thus claim 2 is confusing and it is impossible to determine the scope of claim 2.
Regarding claim 10, recitation “a second check valve positioned between the flow control valve, the rod-side chamber, and the relief valve” is unclear whether i) the second check valve positioned between the flow control valve and the rod-side chamber; or ii) the second check valve positioned between the rod-side chamber and the relief valve; or iii) the second check valve positioned between the flow control valve and the relief valve.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends because the recitation “the flow control valve and the rod-side chamber are upstream of the relief valve” of claim 2 is NOT compatible to the limitation “a relief valve positioned in parallel with the flow control valve” previously claimed in claim 1, i.e., claim 2 is not construed to incorporate by reference all the limitations of the claim to which it refers (i.e., claim 1).
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 (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 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, 3-11, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Theeuwen 20090173802.
Regarding claim 1, Theeuwen teaches the invention as claimed: An agricultural boom assembly (comprising 10 in Figs. 1-3 and the left-hand and right hand side frames for spraying, see [0032 and 0029]) comprising:
an inner boom section (16, see Figs. 1-3);
a breakaway boom section (the left-hand and right hand side frames for spraying, see [0032 and 0029]);
a hinge assembly (in order to fasten said two side frames pivotally to 18, see [0032]) configured to guide movement of the breakaway boom section (the left-hand and right hand side frames for spraying) relative to the inner boom section (16, see [0032]); and
a damper system (Fig. 5) operably coupled with the inner boom section (16, see Fig. 3) and the breakaway boom section (the left-hand and right hand side frames for spraying, via 18; see [0032 and 0034]), the damper system comprising:
a cylinder (34, Figs. 1-3 and 5) configured to house a piston (annotated Fig. 5);
a rod (annotated Fig. 5) coupled to the piston (see annotated Fig. 5) and extending from the cylinder (34, see Fig. 5), the cylinder (34) defining a piston-side chamber (48) and a rod-side chamber (44) within the cylinder (34; see Fig. 5);
a pressure reducing-reliving valve (comprising pressure limit valve 96 and pressure relief valve 98, Fig. 5 and [0036] at p. 5, right column) fluidly coupled with the piston-side chamber (48) and the rod-side chamber (44; via valve 66; see Fig. 5 and [0036] at p. 5, left column);
a flow control valve (the throttle valve in 58, see annotated Fig. 5 and [0035] left column) positioned between the pressure reducing-reliving valve (96 and 98) and the rod-side chamber (44, see annotated Fig. 5); and
a relief valve (pressure relief valve 100) positioned in parallel with (when 100 allows flow between 68 and 56, see [0036] at p. 5, right column) the flow control valve (see annotated Fig. 5).
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Regarding claim 3, Theeuwen further teaches wherein the relief valve (100) is positioned upstream of a tank (56, see Fig. 5).
Regarding claim 4, Theeuwen further teaches wherein a reverse flow check valve (the one-return valve in 58, see annotated Fig. 5 and [0035] left column) is in parallel with the flow control valve (see annotated Fig. 5).
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Regarding claim 5, Theeuwen further teaches wherein the pressure reducing-reliving valve (96 and 98) is configured to provide a reduced pressure to the piston-side chamber (48; when valve 66 is in position 72 and pressure relief valve 98 is opened to release the built pressure in line 54, see Fig. 5, [0036] at p. 5, left column and [0037] at p. 6, left column) and the rod-side chamber (44; when valve 66 is in position 74 and pressure relief valve 98 is opened to release the built pressure in line 52, see Fig. 5, [0036] at p. 5, left column and [0038]) to cause a net extending force (a positive net force or a negative net force that allows the movement in one of the two directions marked as hollow arrows in Fig. 5) of the breakaway boom section (the left-hand or right hand side frames for spraying, which connects to cylinder 34 via 18; see [0032 and 0034]).
Regarding claim 6, Theeuwen further teaches wherein the flow control valve (annotated Fig. 5 in claim 1) is configured to (able to perform the claimed function) control a flow rate of hydraulic fluid (from 68) to the rod-side chamber (44) of the cylinder (34; see [0035] from button of left column to top of right column).
Regarding claim 7, Theeuwen further teaches wherein the flow control valve (annotated Fig. 5 in claim 1) is configured to (able to perform the claimed function) meter a hydraulic fluid expelling from (when chamber 44 is retracted) the rod-side chamber (44) of the cylinder (34) to define a rate of speed (determined by the cross section of the flow control valve) for the breakaway boom section (the left-hand or right hand side frames for spraying, which connects to cylinder 34via 18; see [0032 and 0034]) to move from a deflected position (when chamber 44 is extended and chamber 48 is retracted) to a default position (when the chamber 44 returns from the extended state and chamber 48 returns from the retracted state; see [0035] right column).
Regarding claim 8, Theeuwen further teaches wherein the relief valve (100) is configured to control a maximum pressure that can be experienced by the rod-side chamber (per [0036] at p. 5, right column, 100 presets to response to a pre-adjustable maximum operating pressure that the whole system of Fig. 5 can be experienced, which including the rod-side chamber 44).
Regarding claim 9, Theeuwen further teaches a first check valve (annotated Fig. 5) positioned between the pressure reducing-reliving valve (96 and 98) and the piston-side chamber (48) of the cylinder (34).
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Regarding claim 10, Theeuwen further teaches a second check valve (annotated Fig. 5 in claim 9) positioned between the rod-side chamber (44) and the relief valve (100; when valve in position 74, pressure relief valve 98 is open and relief valve 100 to allow hydraulic fluid flows from 98 to 56, the second check valve is fluidly between the rod-side chamber 44 and valve 100; see Fig. 5, [0036] at p. 5, left column and [0038-0039]).
Regarding claim 11, Theeuwen further teaches wherein altering an amount of hydraulic fluid (controlled by 58 and 62) within the piston-side chamber (48) and a rod-side chamber (44) alters a position (in order to damp the oscillating or pivoting movement; see Fig. 5 and [0035] from bottom of left column to top of right column) of the breakaway boom section (the left-hand or right hand side frames for spraying, which connects to cylinder 34 via 18; see [0032 and 0034]) relative to the inner boom section (16).
Regarding claim 17, Theeuwen teaches the invention as claimed: A damper system (Fig. 5) for a boom assembly (comprising 10 in Figs. 1-3 and the left-hand and right hand side frames for spraying, see [0032 and 0029]), the damper system comprising:
a cylinder (34, Figs. 1-3 and 5) configured to house a piston (annotated Fig. 5);
a rod (annotated Fig. 5) coupled to the piston (see annotated Fig. 5) and extending from the cylinder (34, see Fig. 5), the cylinder (34) defining a piston-side chamber (48) and a rod-side chamber (44) within the cylinder (34; see Fig. 5);
a pressure reducing-reliving valve (comprising pressure limit valve 96 and pressure relief valve 98, Fig. 5 and [0036] at p. 5, right column) fluidly coupled with the piston-side chamber (48) and the rod-side chamber (44; via valve 66; see Fig. 5 and [0036] at p. 5, left column);
a flow control valve (the throttle valve in 58, see annotated Fig. 5 and [0035] left column) positioned between the pressure reducing-reliving valve (96 and 98) and the rod-side chamber (44, see annotated Fig. 5); and
a relief valve (pressure relief valve 100) positioned in parallel with (when 100 allows flow between 68 and 56, see [0036] at p. 5, right column) the flow control valve (see annotated Fig. 5).
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Regarding claim 18, Theeuwen further teaches wherein the cylinder (34) is operably coupled with an inner boom section (16, see Fig. 3) and a breakaway boom section (the left-hand and right hand side frames for spraying, via 18; see [0032 and 0034]) of the boom assembly.
Regarding claim 19, Theeuwen further teaches wherein the pressure reducing-reliving valve (96 and 98) is configured to provide a reduced pressure to the piston-side chamber (48; when valve 66 is in position 72 and pressure relief valve 98 is opened to release the built pressure in line 54, see Fig. 5, [0036] at p. 5, left column and [0037] at p. 6, left column) and the rod-side chamber (44; when valve 66 is in position 74 and pressure relief valve 98 is opened to release the built pressure in line 52, see Fig. 5, [0036] at p. 5, left column and [0038]) to cause a net extending force (a positive net force or a negative net force that allows the movement in one of the two directions marked as hollow arrows in Fig. 5) of the breakaway boom section (the left-hand or right hand side frames for spraying, which connects to cylinder 34, via 18; see [0032 and 0034]).
Regarding claim 20, Theeuwen further teaches wherein the flow control valve (annotated Fig. 5 in claim 17) is configured to (able to perform the claimed function) control a flow rate of hydraulic fluid (from 68) to the rod-side chamber (44) of the cylinder (34; see [0035] from button of left column to top of right column).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Maia 20230022730 teaches an agricultural boom assembly comprising: an inner boom section; a breakaway boom section; a hinge assembly configured to guide movement of the breakaway boom section relative to the inner boom section; and a damper system operably coupled with the inner boom section and the breakaway boom section, the damper system comprising: a cylinder configured to house a piston; a rod coupled to the piston and extending from the cylinder, the cylinder defining a piston-side chamber and a rod-side chamber within the cylinder; a flow control valve positioned between the pressure reducing-reliving valve and the rod-side chamber; and a relief valve positioned in parallel with the flow control valve.
Bastin 6119963 teaches an agricultural boom assembly comprising: an inner boom section; a breakaway boom section; a hinge assembly configured to guide movement of the breakaway boom section relative to the inner boom section; and a damper system operably coupled with the inner boom section and the breakaway boom section, the damper system comprising: a cylinder configured to house a piston; a rod coupled to the piston and extending from the cylinder, the cylinder defining a piston-side chamber and a rod-side chamber within the cylinder; a pressure reducing valve fluidly coupled with the piston-side chamber and the rod-side chamber; a flow control valve positioned between the pressure reducing valve and the rod-side chamber; and both of a relief valve and a reverse flow check valve are positioned in parallel with the flow control valve.
Bauer 11350621 teaches a damper system operably coupled with the inner boom section and the breakaway boom section, the damper system comprising: a cylinder configured to house a piston; a rod coupled to the piston and extending from the cylinder, the cylinder defining a piston-side chamber and a rod-side chamber within the cylinder; a flow control valve configured to control the hydraulic fluid to and from the rod-side chamber; and a relief valve positioned in parallel with the flow control valve, wherein the relief valve is a manually adjustable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JINGCHEN LIU whose telephone number is (571)272-6639. The examiner can normally be reached 9:30-4:30.
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, Devon Kramer can be reached at (571) 272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JINGCHEN LIU/ /GERALD L SUNG/ Primary Examiner, Art Unit 3741 Examiner, Art Unit 3741