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 .
This communication is in response to application No. 18/652,186 Single-axis Agricultural Machine with Continuous Speed Variation and Independent Power Take-off; filed on 05/01/2024, and amended on 07/19/2025. Claims 1 - 10 are currently pending and have been examined.
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, 4, 5, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lueoend (CH 688857 A5) in view of Lueoend (DE 10 2004015277 A1) and Dankesreiter (DE 10 20211211663 B3) and further in view of Sugimoto (US 20030234133 A1).
PNG
media_image1.png
479
676
media_image1.png
Greyscale
Regarding Claim 1, Lueoend (CH 688857 A5) discloses;
A single-axis agricultural machine with continuous speed variation and independent power take-off, comprising:
an internal combustion engine of limited power; a gearbox; (Line 151-153 describes an internal combustion engine coupled to a gearbox for driving a gear transmission connected to a hydraulic pump);
wheels (wheel hub 55; Fig. 2);
a power take-off (PTO 6; Fig. 1) for work tools;
the wheels and the power take-off being controlled by the gearbox, wherein a primary shaft (gear shaft 22; Fig. 1) extends from the engine for controlling a gear reduction (gears 28/37), a coupling (sliding sleeve 35) being provided at an output of the gear reduction there to transmit motion to a shaft of the power take-off (PTO shaft 6); and
a hydrostatic assembly that comprises a hydrostatic pump (pump 8; Fig. 1) and a hydrostatic motor (motor 9) and that draws motion directly from the internal combustion engine through a first kinematic chain (shaft 22, gear 24, gear 25), wherein the hydrostatic assembly is connected to a second kinematic chain that retracts in the gearbox, the second kinematic chain (shaft 10, gear 16 to drive axles to wheel hubs 55), through its final transmission gear, controlling an axle of the wheels;
three assemblies of shafts for transmitting motion respectively:
from the internal combustion engine toward the power take-off, from the internal combustion engine toward the hydrostatic pump, (Shaft 22 sends power from the engine towards the PTO and the hydrostatic pump.)
from the hydrostatic motor toward the final transmission gear, (Shaft 10 sends power from the hydrostatic motor towards the differential gears.)
from the final transmission gear toward the axle of the wheels and to the wheels, (Two drive shafts send power from the different to the wheel hubs 55. Fig. 2)
wherein the three assemblies of shafts are arranged on axes orthogonal to each other, (Fig. 1 demonstrates the axis of the drive wheels (2), coming out of the page, is orthogonal to the axis of the engine (22) and PTO (6) shafts which are horizontal and the hydraulic motor shaft which is vertical (10).),
wherein the primary shaft of the internal combustion engine (shaft 22) and the shaft of the power take-off (PTO shaft 6) are arranged according to two axes parallel to each other (Fig. 1 demonstrates these two shafts are parallel), the axis of the wheels (driving axis 2; Fig. 1) being arranged according to a direction that is perpendicular to the two axes of the internal combustion engine and of the shaft of the power take-off (Fig. 1 demonstrates the axis of the drive wheels, coming out of the page, is perpendicular to the axis of the engine and PTO shafts which are horizontal.),
wherein a shaft in output from the hydrostatic motor is arranged according to a direction perpendicular to a plane defined by the axis of the primary shaft and the axis of the wheels. (Fig. 1 and Line 214, demonstrate the axis of the hydrostatic motor 10 is vertical and perpendicular to a horizontal plane containing the primary shaft 22 and the wheel axis 2.)
PNG
media_image2.png
527
820
media_image2.png
Greyscale
Lueoend does not disclose a clutch assembly or a handlebar assembly with controls. These are well known features of a walk-behind agricultural machine. Lueoend (DE 10 2004015277 A1) describes a similar design and includes a more extensive description of the vehicle;
a clutch assembly (clutch 10; Fig. 2);
a guide handlebar (steering device 17; Fig. 2) provided with controls,
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Lueoend (CH 688857 A5) to include a clutch assembly and a guide handlebar as taught by Lueoend (DE 10 2004015277 A1), as the references and the claimed invention are directed to walk-behind agricultural machines. As disclosed by Lueoend (DE 10 2004015277 A1), it is well known for a walk-behind agricultural machine to utilize a clutch and a guide handlebar. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lueoend (CH 688857 A5) to include a clutch assembly and a guide handlebar as taught by Lueoend (DE 10 2004015277 A1), as such a modification would provide the ability to for an operator to control the agricultural machine.
Lueoend does not disclose the axis of the hydrostatic pump is perpendicular to the axis of the primary shaft. However, Dankesreiter teaches;
wherein an axis of the hydrostatic pump (pumps 17 and 18) is arranged according to a direction perpendicular to the axis of the primary shaft (shaft 15), (Fig. 5 demonstrates the axis of the hydrostatic pump is vertical and perpendicular to the horizontal axis of the primary shaft 15. See also paragraph 66.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Lueoend to include a hydraulic pump with its axis arranged perpendicular to the axis of the primary shaft as taught by Dankesreiter, as the references and the claimed invention are directed to agricultural machines utilizing hydraulic pumps. As disclosed by Dankesreiter, it is well known for agricultural machine with hydraulic pumps to include a pump with its axis arranged perpendicular to the axis of the primary shaft. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lueoend to include a hydraulic pump with its axis arranged perpendicular to the axis of the primary shaft as taught by Dankesreiter, as such a modification would provide the ability to rotate the hydrostatic assembly drive to an orientation perpendicular to the primary shaft.
Lueoend does not disclose a hydrostatic motor output shaft which is arranged parallel to the axis of the hydrostatic pump. However Sugimoto teaches,
PNG
media_image3.png
633
503
media_image3.png
Greyscale
wherein a shaft in output from the hydrostatic motor (output shaft 15b; Fig. 9) is arranged according to a direction that is parallel to the axis of the hydrostatic pump (input shaft 15a). (Fig. 3 and paragraph 34 of Sugimoto illustrate the motor and pump shafts arranged parallel and in a vertical orientation. Paragraph 34 describe the CVT (15) as a hydraulic motor and pump receiving drive from the motor and out-putting drive to the wheels)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Lueoend to include a shaft in output from the hydrostatic motor, arranged according to a direction that is parallel to the axis of the hydrostatic pump as taught by Sugimoto, as the references and the claimed invention are directed to walk-behind agricultural machines. As disclosed by Sugimoto, it is well known for walk-behind agricultural machines to include a shaft in output from the hydrostatic motor, arranged according to a direction that is parallel to the axis of the hydrostatic pump. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lueoend to include a shaft in output from the hydrostatic motor, arranged according to a direction that is parallel to the axis of the hydrostatic pump as taught by Sugimoto, as such a modification would provide the ability to simplify the configuration for a reduction in size of the walk behind agricultural machine. (Paragraph 7 of Sugimoto).
The modification of Lueoend under the teachings of Sugimoto would position the primary shaft in a perpendicular orientation to the parallel shafts of the hydrostatic motor and pump.
Additionally, it is noted that Omodeo (EP 25448788 A1), cited below with regards to claim 2, also teaches a hydrostatic motor and pump as a closely coupled unit with the input and output shafts in a parallel configuration. However, the hydrostatic pump and motor are positioned in a horizontal arrangement and driven by spur gears rather than arranged in a vertical orientation and driven by bevel gears. With that in mind, the current application represents a rearrangement of the components of Omodeo (EP 25448788 A1) resulting in a device that functions in the same way as before. In general it has been held that, absent any showing of unexpected results, a rearrangement parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding Claim 4, Lueoend (CH 68857 A5) discloses a hydrostatic assembly which is connected to the primary shaft of the gearbox by the first kinematic chain, which comprises a first gear (gear 24; Fig. 1) keyed on the primary shaft (22), the first gear controlling a second gear (gear 25), which drives the hydrostatic pump (pump 8).
Lueoend does not disclose that the first and second gears are bevel gears. However Dankesreiter teaches;
wherein the hydrostatic assembly is connected to the primary shaft of the gearbox, which comprises a first bevel gear (bevel gear stage 96; Fig. 5) keyed on the primary shaft (shaft 15), the first bevel gear controlling a second bevel gear, which drives the hydrostatic pump (pumps 17 and 18). (Paragraph 66 describes the hydraulic pumps 17 and 18 as coupled to the input shaft 5 via a bevel gear stage.)
Regarding Claim 5, Lueoend (CH 688857 A5) discloses;
wherein the second kinematic chain comprises a third gear (pinion gear 17; Fig. 1) coaxial to the shaft of the hydrostatic motor (shaft 10), the hydrostatic motor causing a rotation of a fourth gear (ring gear 16), which returns a rotation motion within the gearbox.
Regarding Claim 7, Lueoend (DE 10 2004015277 A1) further teaches;
further comprising a cooling assembly associated with the hydrostatic assembly. (Fig. 2 and paragraph describe a liquid container 78 with fins 79 for cooling the hydraulic fluid, mounted to the control handlebar.)
Claim(s) 2, 3, 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lueoend (CH 688857 A5) in view of Lueoend (DE 10 2004015277 A1), Dankesreiter and Sugimoto as applied to claim 1 above, and further in view of Omodeo (EP 25448788 A1).
PNG
media_image4.png
460
395
media_image4.png
Greyscale
Regarding Claim 2, Lueoend discloses the limitations above but does not disclose a variable displacement hydraulic pump or motor, or that these are arranged in a compact unit. However, Omodeo teaches;
wherein in the hydrostatic assembly comprising the hydrostatic pump and the hydrostatic motor, at least one of the hydrostatic pump (26) or the hydrostatic motor (27) has a variable displacement, (Paragraph 32, describes the hydrostatic pump or motor as having a variable capacity.)
wherein the hydrostatic pump and the hydrostatic motor are arranged in a single compact unit, the hydrostatic assembly being connected to the primary shaft of the gearbox. (Paragraph 32 and Fig. 4, describe the hydrostatic pump and motor as being positioned in a single, compact unit. Drive power is provided to the hydrostatic unit via a gear train driven from the motor shaft 23.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Lueoend to include a hydrostatic unit which has a variable displacement and is arranged in a single compact unit as taught by Omodeo, as the references and the claimed invention are directed to walk-behind agricultural machines. As disclosed by Omodeo, it is well known for a walk-behind agricultural machine to utilize a hydrostatic unit which has a variable displacement and is arranged in a single compact unit. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lueoend to include a hydrostatic unit which has a variable displacement and is arranged in a single compact unit as taught by Omodeo, as such a modification would provide the ability to vary the speed of the vehicle by varying the output of the hydrostatic unit. (Paragraph 37 of Omodeo).
Regarding Claim 3, Omodeo further teaches;
wherein the hydrostatic pump (26; Fig 4) and the hydrostatic motor (27) of the hydrostatic assembly are arranged in a monolithic casing. (Figs. 4 and 5 as well as paragraph 32, describe the pump and motor aa being housed in a single compact housing.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Lueoend to include a hydrostatic pump and motor arranged in a monolithic casting as taught by Omodeo, as the references and the claimed invention are directed to walk-behind agricultural machines. As disclosed by Omodeo, it is well known for a walk-behind agricultural machine to utilize a hydrostatic pump and motor arranged in a monolithic casting. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lueoend to include a hydrostatic pump and motor arranged in a monolithic casting as taught by Omodeo, as such a modification would allow for the position of the hydrostatic assembly to be in an easily accessible area for serviceability. (Paragraph 32 of Omodeo).
Regarding Claim 8, Lueoend discloses the cooling assembly of Claim 7 above, but does not disclose a fan enclosed by a bell casing. However, Omodeo teaches;
wherein the cooling assembly comprises a fan (fan 45; Fig. 5, Paragraph 48) enclosed by a bell casing (carter 46) arranged above the fan such that the fan directs an air flow to lap an entirety of the hydrostatic assembly. (Omodeo demonstrates the fan and fairing (carter) mounted in a horizontal orientation, however described by the direction of airflow through the fan, the faring is positioned above the fan in order to direct air movement through the fan cooling assembly.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Lueoend to include a fan enclosed by a bell casing arranged above the fan such that it directs an air flow to lap an entirety of the hydrostatic assembly as taught by Omodeo, as the references and the claimed invention are directed to walk-behind agricultural machines. As disclosed by Omodeo, it is well known for a walk-behind agricultural machine to utilize a fan enclosed by a bell casing arranged above the fan such that it directs an air flow to lap an entirety of the hydrostatic assembly. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lueoend to include a fan enclosed by a bell casing arranged above the fan such that it directs an air flow to lap an entirety of the hydrostatic assembly as taught by Omodeo, as such a modification would reduce a loss of power resulting from heat generated by the hydrostatic assembly. (Paragraph 51 of Omodeo).
PNG
media_image5.png
451
506
media_image5.png
Greyscale
Regarding Claim 10, Omodeo further teaches;
wherein the bell casing has central holes in an upper surface thereof, air entering through the central holes (hole 47; Fig 5) and being centrifuged radially, being so directed to travel internally along the bell casing (carter 46) in an outline thereof and being discharged outside through a peripheral opening. (Paragraph 50 describes the air flow through the fan from the central opening directed through the carter and outward through a peripheral opening.)
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lueoend (CH 688857 A5) in view of Lueoend (DE 10 2004015277 A1), Dankesreiter and Sugimoto as applied to claim 5 above, and further in view of Iida (US 2008/0115488 A1).
Regarding Claim 6, Lueoend discloses the limitations above but does not disclose a housing provided with finnings to favor thermal dispersion. However, Iida teaches;
further comprising a housing (housing 20 of transaxles) of the gearbox or transmission provided with finnings (cooling fins 23) to favor thermal dispersion. (Fig. 3 and paragraph 75 describe the use of cooling fins integral to the transaxle housing to optimize airflow for cooling oil within the transaxle.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Lueoend to include cooling fins as part of the gearbox or transmission housing as taught by Iida, as the references and the claimed invention are directed to agricultural vehicles utilizing hydrostatic assemblies. As disclosed by Iida, it is well known for an agricultural vehicle to include cooling fins as part of the gearbox or transmission housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lueoend to include cooling fins as part of the gearbox or transmission housing as taught by Iida, as such a modification would provide the ability to improve cooling efficiency of the transaxle. (Paragraph 75 of Iida).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lueoend (CH 688857 A5) in view of Lueoend (DE 10 2004015277 A1), Dankesreiter, Sugimoto and Omodeo as applied to claim 8 above, and further in view of Wuerfel (US 2662686 A).
Regarding Claim 9, Lueoend teaches the cooling assembly of claim 8 but does not disclose a cylindrical fan having a lateral surface defined by radial fins fixed to a circular base wherein the fins are arranged as a palisade. However Wuerfel teaches,
wherein the fan is shaped as a cylinder having a lateral surface defined by radial fins (blades 4; Fig. 3) fixed to a circular base (disc 2), and
wherein the fins are arranged as a palisade and extend upwards from the circular base and are connected only to a lower base, which is keyed on a drive shaft. (Wuerfel appears to affix the fan to a central shaft with a set screw. However, Omodeo demonstrates a keyway in Fig. 5 which locks the fan 45 to the central rotating shaft.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Lueoend in view of Omodeo to include a cylindrical fan with radial fins arranged in a palisade as taught by Wuerfel, as the references and the claimed invention are directed to cooling fans. As disclosed by Wuerfel, it is well known for a cooling fan to consist of a cylindrical fan with radial fins arranged in a palisade. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lueoend in view of Omodeo to include a cylindrical fan with radial fins arranged in a palisade as taught by Wuerfel, as such a modification would provide for an inexpensive cooling fan.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant has clarified claim 1 by amendment, to include the new limitation that the shaft of the hydrostatic motor is parallel with the axis of the hydrostatic pump. The full limitation describes the pump/motor shafts as parallel to one another while being perpendicular to the primary shaft and the axis of the wheels. However, Sugimoto (US 20030234133 A1) discloses a compact hydrostatic pump / motor combination with the motor and pump (input and output) shafts in a parallel (and vertical) configuration. Similarly, Omodeo (EP 25448788 A1) describes a hydrostatic pump/motor combination with parallel shafts. However, Omodeo orients them in a horizontal direction, so their common axis is not perpendicular to the primary (drive) shaft. Primary reference Lueoend as modified by the teachings of Dankesreiter would orient the axis of the hydrostatic pump perpendicular to the primary shaft and the axis of the wheels. A further combination with Sugimoto (or Omodeo) would place both the hydrostatic pump and motor shafts in a parallel arrangement and place them in a vertical orientation such that they are perpendicular to both the primary shaft and the wheel axis.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT LAWRENCE STRICKLER whose telephone number is (703)756-1961. The examiner can normally be reached Mon. - Fri. 9:30am to 5:30pm.
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, Jason Shanske can be reached at (571) 270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SCOTT LAWRENCE STRICKLER/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614