DETAILED ACTION
Acknowledgements
In the reply filed June 23, 2026, the applicant amended claims 1, 5, 6, 8, 12, and 13.
The applicant cancelled claims 2, 7, and 14.
Currently claims 1, 3-6, and 8-13 are under examination.
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 3 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.
Claims 3 and 10 are dependent from now cancelled claims 2 and 9 respectively. Appropriate correction is required.
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 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, 3-6, and 8-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boe (U.S. Patent No. 11,547,035).
Regarding Claim 1, Boe discloses a method for controlling a three-point hitch (Boe: 110), having left and right lower linkages (Boe: 114a, b) with each pivotably linked to a tractor-side support structure (Boe: 102) in a first end region and each having a coupling element (Boe: 120) for attaching accessory equipment in a second end region, comprising:
Pivoting the lower linkages via a lifting mechanism (Boe: 128) which lifts and lowers the coupling elements (Boe: 120) with respect to the ground; and
Activating the lifting mechanism (Boe: 128) in a cleaning mode via a control unit (Boe: 107) such that an acceleration pulse directed towards the ground is produced in the region of the coupling elements (Boe: 120) by interrupting a short-stroke lowering movement generated at the lower linkages (Boe: Column 3: line 56 – Column 4: line 22: 107 is capable of both extending and retracting piston 136, operatively, resulting in changes/pulses of acceleration both upward and downward while the piston 136, via actuator 132, can be extended or retraced to lengths other than its fully retracted or extended length (short stroke)), the short-stroke lowering movement is executed when starting from a lifted transport position of the lower linkages (Boe: 114 lifted fully and then partially lowered as allowed by 107).
Regarding Claim 3, Boe discloses the method of claim 2, wherein the short-stroke lowering movement is repeated after first returning to the lifted transport position (Bot: 107 is capable of repeating partial or full upward or downward motions of 114 via 136).
Regarding Claim 4, Boe discloses the method of claim 3, wherein the cleaning mode (repeated upward and downward movement) is activated automatically via the control unit (Boe: 107).
Regarding Claim 5, Boe discloses the method of claim 3, wherein the cleaning mode is activated manually via an operating terminal (Boe: controller area network (CAN)) connected with the control unit (Boe: 107).
Regarding Claim 6, Boe discloses the method of claim 1, wherein the three-point hitch (Boe: 110) has a central upper linkage (Boe: 112) pivotably linked to the tractor-side support structure (Boe: 102), which upper linkage (Boe: 112) supports a further coupling element (Boe: Figure 2: end of 112) at its free end and may be altered in terms of its extension length via a hydraulic cylinder (Boe: Column 4: lines 23-29), wherein, in the cleaning mode (moving actuator back and forth as allowed by 107), the hydraulic cylinder is activated at the instigation of the control unit (Boe: 107) in such a way that a shaking or vibrating movement is produced (back and forth movement of actuator is a shaking motion) in the region of the further coupling element (Boe: Figure 2: end of 112).
Regarding Claim 7, Boe discloses the method of claim 6, wherein the shaking or vibrating movement is coordinated by the control unit (Boe: 107) such that it is executed when the lower linkages are in a lifted transport position (back and forth actuation of actuator in 112 may be conducted while in a lifted position).
Regarding Claim 8, Boe discloses a system for controlling a three-point hitch (Boe: 110), comprising:
A left lower linkage and a right lower linkage (Boe: 114a, b), with each pivotably linked to a tractor-side support structure (Boe: 102) in a first end region and each having a coupling element (Boe: 120) for attaching accessory equipment in a second end region;
A lifting mechanism (Boe: 128) pivoting the left and right lower linkages (114a, b) such that the coupling elements (Boe: 120) can be lifted and lowered with respect to the ground; and
A control unit (Boe: 107) configured to activate the lifting mechanism (Boe: 128) in a cleaning mode such that an acceleration pulse directed towards the ground is produced in the region of the coupling elements (Boe: 120) by interrupting a short-stroke lowering movement generated at the lower linkages (Boe: Column 3: line 56 – Column 4: line 22: 107 is capable of both extending and retracting piston 136, operatively, resulting in changes/pulses of acceleration both upward and downward while the piston 136, via actuator 132, can be extended or retraced to lengths other than its fully retracted or extended length (short stroke)) the short stroke lowering movement is executed only when the lower linkages are started in a lifted transport position and are stationary (Boe: 114 lifted fully and then partially lowered as allowed by 107).
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Regarding Claim 9, Boe discloses the system of claim 8, wherein the lowering movement is executed when starting from a lifted transport position of the lower linkages (Boe: 114 lifted fully and then partially lowered as allowed by 107).
Regarding Claim 10, Boe discloses the system of claim 9, wherein the lowering movement is repeated after firstly returning to the lifted transport position (Bot: 107 is capable of repeating partial or full upward or downward motions of 114 via 136).
Regarding Claim 11, Boe discloses the system of claim 10, wherein the cleaning mode is activated automatically via the control unit (Boe: 107).
Regarding Claim 12, Boe discloses the system of claim 10, wherein the cleaning mode is activated manually via an operating terminal (Boe: controller area network (CAN)) connected with the control unit (Boe: 107).
Regarding Claim 13, Boe discloses the system of claim 8, further comprising:
A central upper linkage (Boe: 112) pivotably linked to the tractor-side support structure (Boe: 102) and supporting a further coupling element (Boe: Figure 2: end of 112) at a free end;
A hydraulic cylinder (Boe: Column 4: lines 23-29) altering a length of the central upper linkage (Boe: 112); and the control unit (Boe: 107) configured to activate the hydraulic cylinder in the cleaning mode such that a shaking or vibrating movement (back and forth movement of actuator is a shaking motion) is produced in the region of the further coupling element (Boe: Figure 2: end of 112).
Response to Arguments
Applicant's arguments filed June 23, 2026 have been fully considered but they are not persuasive.
Regarding claims 1 and 8, the applicant argues that Boe does not disclose or teach “the short-stroke lowering movement executed only when the lower linkages are started in a lifted transport position and are stationary”.
The examiner respectfully submits that the invention of Boe is fully capable of having “the short-stroke lowering movement executed only when the lower linkages are started in a lifted transport position and are stationary” as control unit 107 controls both a stroke speed and distance of the piston allowing an operator to partially lower the linkages even when started in a lifted, stationary position.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DOUGLAS S WOOD whose telephone number is (571)270-5954. The examiner can normally be reached Monday through Thursday 8:30 AM - 7:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole A Coy can be reached at (571) - 272 - 5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DOUGLAS S. WOOD
Examiner
Art Unit 3672
/DOUGLAS S WOOD/Examiner, Art Unit 3672
/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672