CTNF 18/732,685 CTNF 92295 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Title of Invention Is Not Descriptive The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. If a satisfactory title is not supplied by the applicant, the examiner may, at the time of allowance, change the title by an examiner’s amendment. See MPEP § 1302.04(a). Claim Objections 07-29-01 AIA Claim s 5 and 12 are objected to because of the following informalities: Claim 5 lines 5: “the group” should read: “a group”. Claim 12: “the angle” should read: “an angle” . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-4, 7-8, 10-11, 13-16 and 18 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Dowling (USPN 1883770) . Regarding claim 1 , Dowling discloses an implement for a harvesting machine, comprising: a first group of crop engaging members (pointed to by indicator 15, central unit) including at least one crop engaging member support (bar 28, figure 4) and a first plurality of crop engaging members (29); a second group of crop engaging members (pointed to by indicator 15 end unit) including at least one crop engaging member support (bar 28) and a second plurality of crop engaging members (29); a first extension member (main arm 10/15) configured to move at least a portion of said first group of crop engaging members between a first group extended position and a first group retracted position (along circular path as shown in figure 3 for example); a second extension member (main arm 10/15) configured to move at least a portion of said second group of crop engaging members between a second group extended position and a second group retracted position (same circular path); wherein said first and second groups of crop engaging members revolve about each other as said first and second groups of crop engaging members move between extended and retracted positions (As shown best in figures 3 and 4, the groups rotate about each other during operation along the circular path). Regarding claim 11 , Dowling discloses implement for a harvesting machine, comprising: at least one crop engaging member support (bar 28, central unit pointed to by indicator 15); a plurality of crop engaging members (29) extending from said at least one crop engaging member support; at least one extension member having (15) a first end and a second end joined to said crop engaging support at said first end (end of arm portion 15) and a motion transferring member (12) at the second end and configured to move said at least one crop engaging member support and said plurality of crop engaging members between extended and retracted positions (about circle seen in figure 3); at least one source of motion (sprocket 31); said at least one motion transferring member (12) configured to transfer motion from said source of motion to said extension member to effect movement of said extension member between said extended and retracted positions (about circle). Regarding claims 2-3 and 14-15 , Dowling discloses wherein at least a portion of both pluralities of crop engaging members (29) are arranged in rows (along respective support bars 28). Regarding claim 4 , Dowling discloses wherein each of said first extension member and said second extension member is in operational engagement with a source of motion that drives movement of said first and second extension members (Drive assembly to include crank shaft 12). Regarding claims 7 and 18 , Dowling discloses wherein a plurality of crop engaging member supports extend from each of the first and second extension member (Figure 4 shows that at the end of arms portion 15 a support member 28 extends in opposite directions). Regarding claim 8 , Dowling discloses wherein said first and second plurality of crop engaging members each comprise a plurality of tines (tines 29). Regarding claims 10 and 13 , Dowling discloses wherein a height of at least one of said first group of crop engaging members and said second group of crop engaging members with respect to ground over which the implement is traveling is adjustable (page 2 lines 114-123 discloses height adjustability). Regarding claim 16 , Dowling discloses wherein said first and second rows of crop engaging members revolve about each other as said first and second rows of crop engaging members move between extended and retracted positions (about circle as seen in figure 3) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 6 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dowling (USPN 1883770 . Regarding claims 6 and 17, Dowling shows only one side of the header with 2 rows of crop engaging members and is therefore lacking three or more. Although the figures do not show the opposite end of the header it would have been an obvious matter of design choice for a third row to be placed on the opposite end to act in the same manner as the end row shown in figure 4 for the purpose of covering the entire length of the header and its ends . 07-21-aia AIA Claim (s) 5, 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dowling (USPN 1883770) in view of Brooks (USPN 4825628) . Regarding claim 5 , Dowling discloses a first cam (respective element 13 acts as a first cam as it is a projection of a rotating part designed to make contact while rotating to impart reciprocal or variable motion to it) in operational engagement with said first extension member; a second cam (respective element 13 is a second cam) in operational engagement with said second extension member. Dowling comprises a drive for rotation and discloses any driving means may be used (Page 2 lines 34-36). Brooks discloses a similar implement with tines that rotate on arms for sweeping material into a header and teaches wherein power is provided by a hydraulic motor (26). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Dowling to use a hydraulic motor to impart rotation taught by Brooks for the purpose of powering rotation by a known means. Both groups would be driven by the first motor which meets the limitations of the claimed Markush group. Regarding claims 9 and 12 , Dowling is lacking wherein the angle of the tines is adjustable. Brooks discloses a similar implement with tines that rotate on arms for sweeping material into a header and teaches wherein the angle of the tines is adjustable (Column 3 lines 5-11). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Dowling to make the tine bar (10) adjustable to change the angle of the tines as taught by Brooks for the purpose of allowing the sweep angle to be adjusted as desired by the operator . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lauwers (US 2018/0188121) . Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J BEHRENS whose telephone number is (303)297-4336. The examiner can normally be reached M-F 9am-2pm MST. 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, Joseph M. Rocca can be reached at (571) 272-8971. 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. /ADAM J BEHRENS/Primary Examiner, Art Unit 3671 Application/Control Number: 18/732,685 Page 2 Art Unit: 3671 Application/Control Number: 18/732,685 Page 3 Art Unit: 3671 Application/Control Number: 18/732,685 Page 4 Art Unit: 3671 Application/Control Number: 18/732,685 Page 5 Art Unit: 3671 Application/Control Number: 18/732,685 Page 7 Art Unit: 3671
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