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
Applicant’s election without traverse of claims 1-10 in the reply filed on 5/13/2026 is acknowledged.
Claim Objections
The claims are objected to because of the following informalities:
Claim 1 recites "the work assembly" in line 1 (rather than "the agricultural work assembly" as recited elsewhere throughout the claims).
Claim 2 recites "being pivotably connect" in line 2 (rather than "being pivotably connected").
Claim 6 recites "being pivotably connected the wing section," in lines 3-4 (rather than "being pivotably connected to the wing section,").
Claim 7 recites "the work assembly" in line 1 (rather than "the agricultural work assembly" as recited elsewhere throughout the claims).
Appropriate correction (or explanation) is required. Applicant’s cooperation is respectfully requested in reviewing the disclosure and correcting any further errors of which Applicant may become aware.
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 2-4 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.
Claim 2 recites the limitation "the first pivot connection," in line 6. There is insufficient antecedent basis for this limitation in the claim. Additionally, claims 3 and 4 are rejected because of their dependency on claim 2.
Claim 10 recites "the second pivot connection being associated with the lower frame, the third pivot connection being associated with the upper frame." The claim language fails to define what these associations are, and it is unclear how and to what degree the second pivot connection is "associated with" the lower frame and the third pivot connection is "associated with" the upper frame. As such, the metes and bounds of the relationships between the second pivot connection and the lower frame and between the third pivot and the upper frame cannot be determined. Therefore, claim 10 is indefinite and rejected under 35 U.S.C. 112(b) such that clarification and correction are 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 (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 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Becker et al. (US 2020/0053951)
Regarding claim 1, Becker discloses an agricultural work assembly of an agricultural vehicle, the agricultural work assembly comprising:
a center section frame assembly (including 24);
a wing section frame assembly (including 26);
a linkage assembly including a first link (including 64), a second link (including 68), and a pivot connection (at 120) pivotably connecting the first link and the second link together, the first link including a first segment (segment of 64 about 120) and a second segment (segment of 64 about 128) rigidly connected to one another and forming a pivot portion (portion of 64 about 114) therebetween, the first segment (segment of 64 about 120) forming the pivot connection (at 120) with the second link, the first link being pivotably connected to the center section frame assembly at the pivot portion (at 114), the second link being pivotably connected to the wing section frame assembly (68 pivotably connected to 26 via 66 and/or 70; or alternatively, the wing section frame assembly further including 66 and/or 70 such that 68 is directly pivotably connected thereto; or alternatively, the second link further including 66 and/or 70 such that the second link is directly pivotably connected to the wing section frame assembly); and
an actuator (including 130) pivotably connected to the second segment (at 128) and thereby configured for positioning the wing section frame assembly relative to the center section frame assembly (see para. 0054).
Regarding claim 5, Becker discloses the first link (including 64) being pivotably connected to the center section frame assembly (at 114) and the second link (including 68) being pivotably connected to the wing section frame assembly (68 pivotably connected to 26 via 66 and/or 70; or alternatively, the wing section frame assembly further including 66 and/or 70 such that 68 is directly pivotably connected thereto; or alternatively, the second link further including 66 and/or 70 such that the second link is directly pivotably connected to the wing section frame assembly), the actuator (including 130) including a first end and a second end, the first end being pivotably connected to the center section frame assembly (at 132), and the second end being pivotably connected to the second segment (at 128).
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Houck (US 5,579,849).
Regarding claim 1, Houck discloses an agricultural work assembly of an agricultural vehicle, the agricultural work assembly comprising:
a center section frame assembly (including or of 24 and/or 30);
a wing section frame assembly (including or of 40);
a linkage assembly including a first link (including 32), a second link (including 35), and a pivot connection (at 172 or A4) pivotably connecting the first link and the second link together, the first link including a first segment (including 88 or portion thereof about 172) and a second segment (including portion of 166 about the pivotable connection of 158 thereto) rigidly connected to one another and forming a pivot portion (at 82 or A1) therebetween (the first link being segmented such that the pivot portion is therebetween), the first segment forming the pivot connection (at 172 or A4) with the second link, the first link being pivotably connected to the center section frame assembly (including or of 24 and/or 30) at the pivot portion (at 82 or A1), the second link (including 35) being pivotably connected to the wing section frame assembly (including or of 40); and
an actuator (including 158) pivotably connected to the second segment (on 166) and thereby configured for positioning the wing section frame assembly relative to the center section frame assembly (see col. 4, line 54 - col. 5, line 17).
Regarding claim 2, Houck discloses the pivot portion (at 82 or A1) being a first pivot portion, the first link (including 32) being pivotably connected (at 82 or A1) to the center section frame assembly (including or of 24 and/or 30), the second link (including 35) including a first segment (including or of 134) and a second segment (including bracket on or of 130 to which 158 is pivotably connected) rigidly connected to one another and forming a second pivot portion (including portion of 130 about 128, 129, or A2) therebetween (35 being segmented such that the pivot portion is therebetween), the second link being pivotably connected to the wing section frame assembly (including 40) at the second pivot portion (at 128, 129, or A2), the first segment (including 88 or portion thereof about 172) of the first link (including 32) and the first segment (including or of 134) of the second link (including 35) forming the pivot connection (at 172 or A4), the actuator (including 158) including a first end and a second end, the first end being pivotably connected to the second segment (including portion of 166 about the pivotable connection of 158 thereto) of the first link (see Fig. 5), and the second end being pivotably connected to the second segment (including bracket on or of 130 to which 158 is pivotably connected) of the second link (see Fig. 5).
Regarding claim 3, Houck discloses the actuator (including 158) being positioned below the pivot connection (158 extending below 172 and A4 in Figs. 5, 7, and 9).
Regarding claim 4, Houck discloses the actuator (including 158) being positioned above the pivot connection (158 extending above 172 and A4 in Figs. 5, 7, and 9).
Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dyken (US 4,878,545).
Regarding claim 1, Dyken discloses an agricultural work assembly of an agricultural vehicle, the agricultural work assembly comprising:
a center section frame assembly (including 10);
a wing section frame assembly (including 11);
a linkage assembly including a first link (including 30 and 34), a second link (including 17), and a pivot connection (at 41) pivotably connecting the first link and the second link together (41 connecting the links such that they are pivotable relative to each other), the first link including a first segment (segment of 30 about 41) and a second segment (segment of 34 about 37) rigidly connected to one another and forming a pivot portion (potion of 30 about 32) therebetween (30 being segmented such that the pivot portion is therebetween), the first segment forming the pivot connection (at 41) with the second link, the first link being pivotably connected to the center section frame assembly at the pivot portion (at 32), the second link being pivotably connected to the wing section frame assembly (at 26); and
an actuator (including 35 and 38) pivotably connected to the second segment (at 37) and thereby configured for positioning the wing section frame assembly relative to the center section frame assembly (see col. 5, line 50 - col. 6, line 44).
Regarding claim 6, Dyken discloses the first link (including 30 and 34) being pivotably connected to the center section frame assembly (at 32) and the second link (including 17) being pivotably connected to the wing section frame assembly (at 26), the actuator (including 35 and 38) including a first end (at 56 or 55) and a second end (at 37), the first end (at 56 or 55) being pivotably connected to the wing section (including 11), and the second end (at 37) being pivotably connected to the second segment (segment of 34 about 37).
Claims 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mosdal et al. (US 6,213,219)
Regarding claim 7, Mosdal discloses an agricultural work assembly of an agricultural vehicle, the work assembly comprising:
a center section frame assembly (including or including that of 12);
a wing section frame assembly (including or including that of 14);
a linkage assembly including a first link (140), a second link (146), and a pivot connection (at 122) pivotably connecting the first link and the second link together (see col. 3, lines 57-61), the first link and the second link being pivotably connected respectively to the center section frame assembly (140 pivotably connected at 142) and the wing section frame assembly (146 pivotably connected at 146); and
an actuator (including 110) configured for positioning the wing section frame assembly relative to the center section frame assembly, the actuator including a first end (including 112) and a second end (including 116), the first end being pivotably connected to the center section frame assembly (at 114) and spaced apart from both the first link and second link (see Figs. 2 and 3), the second end being pivotably connected to the pivot connection (at 122).
Regarding claim 8, Mosdal discloses the pivot connection (at 122) being a first pivot connection, the agricultural work assembly further including a second pivot connection (at 114), and the first end of the actuator being pivotably connected to the center section frame assembly at the second pivot connection (see col. 3, lines 39-44).
Regarding claim 9, Mosdal discloses a third pivot connection (at 142), wherein the first link (140) is pivotably connected to the center section frame assembly at the third pivot connection (see col. 3, lines 57-61) which is positioned above the second pivot connection (see Figs. 2 and 3).
Regarding claim 10, Mosdal discloses the center section frame assembly including an upper frame (including or of 102) and a lower frame (including or of 92), the second pivot connection (at 114) being associated with the lower frame (on 92), and the third pivot connection (at 142) being associated with the upper frame (on 102).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Of particular note, van Kester (US 2019/0327880) discloses the limitations of at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joel F. Mitchell whose telephone number is (571)272-7689. The examiner can normally be reached 9:30-6:00.
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, Christopher Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JFM/6/13/26
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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