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
No claims are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/20/2025.
Applicant’s election without traverse of Sub-species XII and 1 in the reply filed on 06/20/2025 is acknowledged.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
a) number 114 (see spec. pg. 4, line 28); and
b) number 1700 (see spec. pg. 16, lines 7 & 9).
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.
Specification
The disclosure is objected to because of the following informalities:
Page 9, line 28, the number “304” should be replaced with --804-- in order to properly denote trough 804;
Page 10, line 1, the number “304” should be replaced with --804-- in order to properly denote trough 804; and
Page 16, line 22, the phrase “structure 1804 is analogous to structure 301 of Fig. 1” is unclear since there is no reference number 301 in Fig. 1 and possibly the term “Fig. 1” should be replaced with --Fig. 3--.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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, 2, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sukup 5,214,876 in view of Sukup et al. 5,255,469.
In regard to claim 1, Sukup discloses a vacuum machine for capturing insects, comprising: a plenum (33) having a collection opening (32) at one end for collecting insects in an airflow; a fan assembly (29) joined to the plenum at an opposite end (see Figs. 1-2) from the opening (32) at one end, the fan assembly having a motor-driven (power is transferred from power takeoff of tractor T and is transferred by pulley 60, top pulley 62, gearbox 63, and drive shaft 64 imparts motion to each centrifugal fan 35) fan adapted to draw air through the opening for collecting insects, and an end opposite the end joined to the plenum; and a structure (52) at the collection opening (32) at the one end for collecting insects in an airflow, the structure having elements adapted to kill insects drawn through the fan assembly and to collect the killed insects (any insects which forcefully contact screen 52 are thereby destroyed; see col. 4, line 64 to col. 5, line 2); characterized in that the vacuum machine is adapted to be attached to and carried by a tractor (T; attached to and carried by frame 31, three-point hitch system 58) with a mechanism (pair of screw adjusters 56) adapted to present the collection opening (32) of the plenum oriented at different directions toward a tree (fruit trees), to collect insects from the tree, but does not disclose the structure joined to the fan assembly at the end opposite the end joined to the plenum. Sukup et al. disclose the structure (34) joined to the fan assembly (36, 40) at the end (upper end of 36) opposite the end (lower end of 36) joined to the plenum (46). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the structure having elements adapted to kill insects drawn through the fan assembly of Sukup such that it is joined to the fan assembly at the end opposite the end joined to the plenum in view of Sukup et al. in order to provide an alternative location for the structure having elements to kill insects which will not serve to clog the opening at one end for collecting insects and also to be positioned downstream of the fan so as to be able to kill any insects that remain alive after having passes through the fan as insurance that the captured insects are destroyed. Sukup also does not disclose the vacuum machine attached to and carried by the tractor with an adjustable elevator adapted to present the collection opening of the plenum oriented at different heights toward a tree. Sukup et al. disclose the vacuum machine (20) attached to and carried by the tractor (T) with an adjustable elevator adapted to present the collection opening of the plenum (46 or ) oriented at different heights toward a tree (The embodiment 20 is supported by a tractor mounting and a pair of adjustable wheel assemblies 30; the vertical adjustability of the wheel supports 30 may be by any known means, including a vertical series of holes for selectively receiving attachment bolts as at 31a and 31b, or by clamps, jackscrews or hydraulic cylinders, as desired; the adjusting capability of the tractor mount and the wheel assemblies 30 permit height adjustment of the implement and particularly the fan intakes for crop type and size so as to maximize removal efficiency; see col. 4, lines 15-25). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vacuum machine of Sukup such that it is adapted to be attached to and carried by a tractor with an adjustable elevator adapted to present the collection opening of the plenum oriented at different heights toward a tree to collect insects in view of Sukup et al. in order to be able to effectively remove the targeted insects from trees of varying heights or stages of growth.
In regard to claim 2, Sukup discloses wherein the elements (52) adapted to kill insects drawn through the fan assembly comprise one or more perforated panels (screen 52) through which the insects pass, the perforated panels having openings of a size and geometry to destroy insects drawn through the openings (any insects which forcefully contact screen 52 are thereby destroyed; see col. 4, line 64 to col. 5, line 2).
In regard to claim 4, Sukup discloses wherein the motor is a hydraulic motor (see col. 5, lines 26-33).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sukup 5,214,876 in view of Sukup et al. 5,255,469 as applied to claim 1 above, and further in view of Cazenave 2022/0217908.
In regard to claim 3, Sukup disclose a centrifugal fan (35), but do not disclose wherein the fan is a propeller type fan having blades that are manually adjustable in attitude. Cazenave discloses the fan (240) is a propeller type fan (see Fig. 5) having blades (244) that are manually adjustable in attitude (user operates control system 100 which includes controller 102 with processor 104 and memory 106; see paras. 0036-37, 0058). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fan of Sukup such that it is a propeller type fan having blades that are manually adjustable in attitude in view of Cazenave in order to optimize the air flow depending upon the working conditions of the machine in order to increase fan efficiency and air flow distribution within the plenum of Sukup.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sukup 5,214,876 in view of Sukup et al. 5,255,469 as applied to claim 1 above, and further in view of Hill 996,337.
In regard to claim 5, Sukup discloses that rotational motion can be imparted to the drive shaft 64 that imparts rotational motion to each fan (35) via hydraulic motors and it is also possible to power the implement via an independent power source such as a dedicated internal combustion engine, but does not disclose wherein the motor is an electric motor. Hill discloses a fan assembly (13) having a motor-driven fan (pulley 4 is mounted on shaft 2 and is driven by belt 5 that receives its power from a band-wheel 6 on shaft 7 of engine 8), wherein the motor is an electric motor (see lines 37-44). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the electric motor of Hill for the hydraulic motor or combustion engine of Sukup in order to provide an alternative yet equally effective mechanism for rotationally driving each fan that an air pressure supply or fuel to run the motor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W ARK whose telephone number is (571)272-6885. The examiner can normally be reached M-F 8:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA