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 .
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.
Claims 1, 5-6, 12, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Degelman et al. (US 20020189223 A1) in view of Moore (US 7784255 B2).
Regarding claim 1, Degelman discloses a leveling system for a rotary cutter (10), the rotary cutter comprising:
a center cutting portion (1);
a first cutting wing (3 right of 1; See Degelman Fig. 1) pivotally coupled to the center cutting portion (1);
a second cutting wing (3 left of 1; See Degelman Fig. 1) pivotally coupled to the center cutting portion (1); and
an actuator system comprising a center leveling sub-system (17, 47 actuators, 40 support axle, 9 ground wheels, which collectively function to raise and lower the main body), a first wing leveling sub-system (same parts as side extension 3 on left; support arm attached to ground wheel 14 and hydraulics 12; See Degelman annotated Fig. 1 below), and a second wing leveling sub-system (support arm attached to ground wheel 14 and hydraulics 12; See Degelman annotated Fig. 1 below), the respective leveling sub-systems comprising an actuator (12, 47) having a first end (See Degelman annotated Fig. 1 below) pivotally coupled to the respective center cutting portion (See Degelman Fig. 1), first cutting wing (3 on right of 1), and second cutting wing (3 on left of 1) , and a second end (See Degelman annotated Fig. 1 below) received by a deck support system (42; See Degelman Fig. 1; the ground wheel support arms are seen connected to wheels 14 but are not mentioned in paragraph [0053] for main body 1. For ease of reference, all ground wheel support arms are herein referred to as 42) configured to operably engage a surface beneath the center cutting portion (1), first cutting wing (3 on right of 1), and second cutting wing (3 on left of 1), wherein adjusting a distance between the first end of the actuator (12) and the deck support system (42; See Degelman Fig. 1) results in an adjustment to a height of the respective center cutting portion (1), first cutting wing (3 on right of 1) and second cutting wing (3 on left of 1) relative to the surface (See Degelman [0033]);
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the actuator system (17, 47) being configured to operably adjust the height of the center cutting portion (1), the first cutting wing (3 left of 1), and the second cutting wing (3 right of 1) between a first raised position (See Fig. 6; highest cutting position) and a second lowered position (See fig. 5; lowest most cutting position) such that the first cutting wing (3 left of 1) and the second cutting wing (3 right of 1) move relative to the center cutting portion (1);
wherein rotating the second end of the actuator (12) of the first wing leveling sub-system (same parts as side extension 3 on left; support arm attached to ground wheel 14 and hydraulics 12; See Degelman annotated Fig. 1 below) results in an adjustment to the height of the first cutting wing independent from the center cutting portion and the second cutting wing (See Degelman [0035]); and
wherein rotating the second end of the actuator (12) of the second wing leveling sub-system (support arm attached to ground wheel 14 and hydraulics 12; See Degelman annotated Fig. 1 below) results in an adjustment to the height of the second cutting wing (3 right of 1) independent (See Degelman [0035]) from the center cutting portion (1) and the first cutting wing (3 left of 1).
However, Degelman fails to disclose a second end threadably received by a deck support system.
Moore teaches a second end (Moore annotated Fig. 5 and 13a below) threadably received by a deck support system (See Degelman [0082] and Figs. 7).
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It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system for a rotary cutter as disclosed by Degelman with the second end as taught by Moore so as to provide a second end of the actuator threadably received by a deck support system, in order to provide a secure and reliable attachment between the actuator and the deck support system.
Regarding claim 5, Degelman discloses the leveling system according to claim 1 wherein the center cutting portion (1), first cutting wing (3 right of 1; See Degelman Fig. 1), and second cutting wing (3 left of 1; See Degelman Fig. 1) further comprise a fulcrum (See Degelman annotated Fig. 1 below) about which the respective deck support system (42; See Degelman Fig. 1) pivots.
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Regarding claim 6, Degelman discloses the leveling system according to claim 1, wherein the second end of the actuator (12) of the respective leveling sub-systems (support arm attached to ground wheel 14 and hydraulics 12; same on both sides; See Degelman annotated Fig. 1 below) comprises a piston rod (See Degelman annotated Fig. 1 below).
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Regarding claim 12, Degelman discloses the leveling system according to claim 1, wherein the actuator (12, 17, and 47) of the respective leveling sub-systems (support arm attached to ground wheel 14 and hydraulics 12; as parts on both sides of 3; See Degelman Fig. 1 and 17, 47 actuators, 40 support axle, 9 ground wheels for 1) comprises one or more of:
a hydraulic actuator (See Degelman [0035]; "hydraulics");
a pneumatic actuator;
an electrical actuator; and
an electromechanical actuator.
Regarding claim 15, Degelman discloses a leveling system for a rotary cutter, the rotary cutter comprising:
a center cutting portion (1) comprising a first side (left side of 1) and a second side (right side of 1);
a first cutting wing (3 right of 1; See Degelman Fig. 1) pivotally coupled to the first side (left side of 1) of the center cutting portion (1), the first cutting wing (3 right of 1) comprising a first side (left side of 3 right of 1) opposite the center cutting portion (1);
a second cutting wing (3 left of 1; See Degelman Fig. 1) pivotally coupled to the second side (right side of 1) of the center cutting portion (1), the second cutting wing (3 left of 1) comprising a first side (right side of 3 left of 1) opposite the center cutting portion; and
an actuator system (12, 17, 47) comprising a center leveling sub-system (17, 47 actuators, 40 support axle, 9 ground wheels, which collectively function to raise and lower the main body), a first wing leveling sub-system (same parts as side extension 3 on left; support arm attached to ground wheel 14 and hydraulics 12; See Degelman annotated Fig. 1 below) positioned proximate the first side (left side of 3 right of 1) of the first cutting wing (3 right of 1), and a second wing leveling sub-system (support arm attached to ground wheel 14 and hydraulics 12; See Degelman annotated Fig. 1 below) positioned proximate the first side (right side of 3 left of 1) of the second cutting wing (3 left of 1; See Degelman Fig. 1), the respective leveling sub-systems (17, 47 actuators, 40 support axle, 9 ground wheels) comprising an actuator (17, 47) having a first end (See Degelman annotated Fig. 1 below) pivotally coupled to the respective center cutting portion (1), first cutting wing (3 right of 1; See Degelman Fig. 1), and second cutting wing (3 left of 1; See Degelman Fig. 1), first cutting wing (3 on right of 1), and second cutting wing (3 on left of 1), wherein adjusting a distance between the first end of the actuator (12) and the deck support system (42; See Degelman Fig. 1; the ground wheel support arms are seen connected to wheels 14 but are not mentioned in paragraph [0053] for main body 1. For ease of reference, all ground wheel support arms are herein referred to as 42) results in an adjustment to a height of the respective center cutting portion (1), first cutting wing (3 on right of 1), and second cutting wing (3 on left of 1) relative to the surface;
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the actuator system (17, 47) being configured to operably adjust the height of the center cutting portion (1), the first cutting wing (3 left of 1), and the second cutting wing (3 right of 1) between a first raised position (See Fig. 6; highest cutting position) and a second lowered position (See fig. 5; lowest most cutting position) such that the first cutting wing (3 left of 1) and the second cutting wing (3 right of 1) move relative to the center cutting portion (1);
wherein rotating the second end of the actuator (12) of the first wing leveling sub-system (same parts as side extension 3 on left; support arm attached to ground wheel 14 and hydraulics 12; See Degelman annotated Fig. 1 below) results in an adjustment to the height of the first cutting wing independent from the center cutting portion and the second cutting wing (See Degelman [0035]); and
wherein rotating the second end of the actuator (12) of the second wing leveling sub-system (support arm attached to ground wheel 14 and hydraulics 12; See Degelman annotated Fig. 1 below) results in an adjustment to the height of the second cutting wing (3 right of 1) independent (See Degelman [0035]) from the center cutting portion (1) and the first cutting wing (3 left of 1).
However, Degelman fails to disclose a second end threadably received by a deck support system configured to operably engage a surface beneath the respective center cutting portion.
Moore teaches a second end (Moore annotated Fig. 5 and 13a below) threadably received by a deck support system (See Degelman [0082] and Figs. 7) configured to operably engage a surface beneath the respective center cutting portion (61).
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It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system for a rotary cutter as disclosed by Degelman with the second end as taught by Moore so as to provide a second end of the actuator threadably received by a deck support system, in order to provide a secure and reliable attachment between the actuator and the deck support system.
Regarding claim 16, Degelman discloses the leveling system according to claim 15, wherein the second end of the actuator (12, 17, 47) of the respective leveling sub-systems (support arm attached to ground wheel 14 and hydraulics 12; as parts on both sides of 3; See Degelman Fig. 1 and 17, 47 actuators, 40 support axle, 9 ground wheels for 1) comprises a piston rod (See Fig. 1 of hydraulics).
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Degelman et al. (US 20020189223 A1) in view of Moore (US 7784255 B2) as applied to claims 1, 5-6, 12, and 15-16 above, and further in view of Bourgault (US 11039562 B2).
Regarding claim 2, Degelman, as part of the assembly taught by the combined teachings of Degelman in view of Moore, discloses the leveling system according to claim 1.
However, Degelman in view of Moore fails to disclose further comprising a third cutting wing pivotally coupled to the first cutting wing, and a fourth cutting wing pivotally coupled to the second cutting wing.
Bourgault teaches further comprising a third cutting wing (57 left of 5 central frame member; See Bourgault Fig. 1) pivotally coupled to the first cutting wing (56 left of 5), and a fourth cutting wing (57 right of 5 central frame member; See Bourgault Fig. 1) pivotally coupled to the second cutting wing (56 right of 5).
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as disclosed by Degelman in view of Moore with the third and fourth cutting wing as taught by Bourgault so as to further comprise a third cutting wing pivotally coupled to the first cutting wing, and a fourth cutting wing pivotally coupled to the second cutting wing, in order to increase the effective cutting width of the rotary cutter while permitting the wings to pivot for transport and terrain following operation.
Regarding claim 3, Degelman, as part of the assembly taught by the combined teachings of Degelman in view of Moore, discloses the leveling system according to claim 2,
However, Degelman in view of Moore fails to disclose wherein the third cutting wing is pivotally coupled to the first cutting wing at an end of the first cutting wing opposite the center cutting portion, and the fourth cutting wing is pivotally coupled to the second cutting wing at an end of the second cutting wing opposite the center cutting portion.
Bourgault teaches wherein the third cutting wing (57 left of 5 central frame member; See Bourgault Fig. 1) is pivotally coupled (via 50, 51 left of 5) to the first cutting wing (56 left of 5) at an end of the first cutting wing opposite the center cutting portion (5), and the fourth cutting wing (57 right of 5 central frame member; See Bourgault Fig. 1) is pivotally coupled (via 50, 51 right of 5) to the second cutting wing (56 right of 5) at an end of the second cutting wing opposite the center cutting portion (5).
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as disclosed by Degelman in view of Moore with the third and fourth cutting wing as taught by Bourgault so as to have the third cutting wing is pivotally coupled to the first cutting wing at an end of the first cutting wing opposite the center cutting portion, and the fourth cutting wing is pivotally coupled to the second cutting wing at an end of the second cutting wing opposite the center cutting portion, in order to increase the effective cutting width of the rotary cutter while maintaining a foldable wing arrangement for transport and field operation.
Regarding claim 4, Degelman discloses the leveling system according to claim 2.
However Degelman fails to disclose wherein the actuator system further comprises a third wing leveling sub-system and a fourth wing leveling sub-system, the respective leveling sub-systems comprising an actuator comprising a first end pivotally coupled to the respective third cutting wing and fourth cutting wing, and a second end received by a deck support system that operably engages a surface beneath the third cutting wing and fourth cutting wing, wherein adjusting a distance between the first end of the actuator and the deck support system results in an adjustment to a height of the respective third cutting wing and fourth cutting wing relative to the surface.
Bourgault teaches the leveling system according to claim 2, wherein the actuator system (See Bourgault annotated Fig. 3 below) further comprises a third wing leveling sub-system and a fourth wing leveling sub-system, the respective leveling sub-systems comprising an actuator (20) comprising a first end (connected to 19) pivotally coupled to the respective third cutting wing (57 left of 5) and fourth cutting wing (57 right of 5), and a second end (via 22) received by a deck support system (6) that operably engages a surface beneath the third cutting wing (57 left of 5) and fourth cutting wing (57 right of 5), wherein adjusting a distance between the first end of the actuator and the deck support system (6) results in an adjustment to a height of the respective third cutting wing and fourth cutting wing relative to the surface (See Bourgault Col. 10, lines 7-17).
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Moore teaches a second end (Moore annotated Fig. 5 and 13a below) threadably received by a deck support system (See Degelman [0082] and Figs. 7).
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It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as taught by Degelman with the actuator system further comprises a third wing leveling sub-system and a fourth wing leveling sub-system as disclosed by Bourgault and a second end threadably received by a deck support system as taught by Moore so as to have comprising an actuator comprising a first end pivotally coupled to the respective third cutting wing and fourth cutting wing, and a second end threadably received by a deck support system that operably engages a surface beneath the third cutting wing and fourth cutting wing, wherein adjusting a distance between the first end of the actuator and the deck support system results in an adjustment to a height of the respective third cutting wing and fourth cutting wing relative to the surface, in order to permit independent height adjustment and leveling of the additional cutting wings while providing a secure and reliable attachment between the actuators and deck support systems.
Claims 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Degelman et al. (US 20020189223 A1) in view of Moore (US 7784255 B2) and Bourgault (US 11039562 B2) as applied to claims 2-4 above, and further in view of McFadden (US 5448925 A).
Regarding claim 7, Degelman, as part of the assembly taught by the combined teachings of Degelman in view of Moore and Bourgault, discloses the leveling system according to claim 6 wherein the respective deck support systems (42) comprise a clevis comprising a first end configured to receive the second end of the respective actuator and a second end configured to be pivotally coupled to the respective deck support system (42).
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However, Degelman in view of Moore and Bourgault fails to disclose a clevis comprising a first end configured to threadably receive the second end of the respective actuator.
McFadden teaches a clevis (80') comprising a first end (end of 80') configured to threadably receive the second end (receiving end of piston rod 116) of the respective actuator (104).
McFadden states, "Upper part 106 is attached to L-shaped lower part 34' of two-piece bracket 30' by bolt 46' and 48', similar to that in FIG. 2. Piston rod 116 of cylinder 104 threads into clevis 80' and is locked into place by jam nut 82'. Clevis 80' is connected to shifter handle 72' by clevis pin 84' and this pin is held in place by cotter pin 118" (McFadden Col. 4, lines 31-37).
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as disclosed by Degelman in view of Moore and Bourgault with the actuator and parts system of the actuator as taught by McFadden, whereby the second end of the actuator is threadably received within the clevis, because McFadden teaches that such a configuration provides a conventional and secure means of coupling and actuator piston rod to a pivotally mounted clevis while permitting adjustment and assembly of the actuator. The modification merely involves the substitution of one known actuator attachment arrangement for another known actuator attachment to obtain the predictable result of a threaded and pivotable actuator connection.
Regarding claim 8, Degelman, as part of the assembly taught by the combined teachings of Degelman in view of Moore and Bourgault, discloses the leveling system according to claim 7 and the respective first and second wing leveling sub-systems (support arm attached to ground wheel 14 and hydraulics 12; same parts on both sides; See Degelman Fig. 1).
However, Degelman in view of Moore and Bourgault fails to disclose wherein the piston rod comprises external threading and the respective clevis comprises an opening with complementary internal threading such that when the piston rod is engaged with the clevis and rotated, the piston rod is translated with respect to the clevis.
McFadden teaches wherein the piston rod (116) comprises external threading and the respective clevis (80') comprises an opening with complementary internal threading such that when the piston rod (116) is engaged with the clevis (80') and rotated, the piston rod (116) is translated with respect to the clevis (80').
McFadden states, "Upper part 106 is attached to L-shaped lower part 34' of two-piece bracket 30' by bolt 46' and 48', similar to that in FIG. 2. Piston rod 116 of cylinder 104 threads into clevis 80' and is locked into place by jam nut 82'. Clevis 80' is connected to shifter handle 72' by clevis pin 84' and this pin is held in place by cotter pin 118" (McFadden Col. 4, lines 31-37).
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as disclosed by Degelman in view of Moore and Bourgault with the actuator and parts system of the actuator as taught by McFadden to provide external threading within the clevis, thereby facilitating assembly, adjustment, and secure retention of the actuator components.
Regarding claim 9, Degelman discloses the leveling system according to claim 8, wherein rotating the piston rod (See Degelman Fig. 1 of hydraulic 12 below) of the respective first and second wing leveling sub-system (support arm attached to ground wheel 14 and hydraulics 12; as parts on both sides; See Degelman Fig. 1) in a first direction increases the distance between the first end (front of 12; connection point) of the actuator (12) and the clevis (See Degelman annotated Fig.1 below), resulting in an increase in distance (See Degelman [0035]; "raise and lower with respect to ground wheels") between the respective first wing (3 right of 1; See Degelman Fig. 1) and second wing (3 left of 1; See Degelman Fig. 1) and the surface.
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Regarding claim 10, Degelman, as part of the assembly taught by the combined teachings of Degelman in view of Moore and Bourgault, discloses the leveling system according to claim 8 and the first and second wing leveling sub-systems.
However, Degelman in view of Moore and Bourgault fails to disclose a fastener threadably coupled to the piston rod, the fastener being positioned on the piston rod proximate the clevis.
McFadden teaches a fastener (82') threadably coupled to the piston rod (116), the fastener (82') being positioned on the piston rod (116) proximate the clevis (80').
McFadden states, "Upper part 106 is attached to L-shaped lower part 34' of two-piece bracket 30' by bolt 46' and 48', similar to that in FIG. 2. Piston rod 116 of cylinder 104 threads into clevis 80' and is locked into place by jam nut 82'. Clevis 80' is connected to shifter handle 72' by clevis pin 84' and this pin is held in place by cotter pin 118" (McFadden Col. 4, lines 31-37).
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as disclosed by Degelman in view of Moore and Bourgault with the actuator and parts system of the actuator as taught by McFadden to include a fastener threadably coupled to the piston rod and positioned proximate the clevis because McFadden teaches that a jam nut may be used adjacent the clevis to lock the threaded piston rod in a desired position, thereby maintaining the selected actuator adjustment and preventing unintended movement during operation.
Regarding claim 11, Degelman, as part of the assembly taught by the combined teachings of Degelman in view of Moore and Bourgault, discloses the leveling system according to claim 8.
However, Degelman in view of Moore and Bourgault fails to disclose the piston rod comprises a tool surface sized and shaped to receive a tool that is capable of rotating the piston rod with respect to the actuator.
McFadden teaches the piston rod (116) comprises a tool surface (See McFadden annotated Fig. 5 below) sized and shaped to receive a tool that is capable of rotating the piston rod (116) with respect to the actuator (104).
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It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as disclosed by Degelman in view of Moore and Bourgault with the actuator and parts system of the actuator as taught by McFadden to include a tool surface on the piston rod sized and shaped to receive a tool capable of rotating the piston rod with respect to the actuator because a person of ordinary skill in the art would have recognized the opposed flat surfaces depicted on piston rod as conventional wrench-engagement surfaces used to facilitate rotation and adjustment of a threaded piston rod relative to a clevis. Such a configuration would have predictably enabled adjustment of the threaded piston rod position and subsequent securing of the adjusted position using the adjacent jam nut.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Degelman et al. (US 20020189223 A1) in view of Moore (US 7784255 B2) as applied to claims 1, 5-6, 12, and 15-16 above, and further in view of Welsh (US 10433481 B2).
Regarding claim 13, Degelman, as part of the assembly taught by the combined teachings of Degelman in view of Moore, discloses the leveling system according to claim 1.
However, Degelman in view of Moore fails to disclose wherein the respective leveling sub-systems further comprise a suspension element.
Welsh teaches wherein the respective leveling sub-systems (14) further comprise a suspension element (See Welsh annotated Fig. 1 below).
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It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as disclosed by Degelman in view of Moore with the suspension element as taught by Welsh to include a suspension element associated with the respective leveling sub-systems because Welsh teaches that suspension elements may be incorporated into leveling assemblies to absorb shocks and vibrations encountered during operation, thereby improving ride quality and reducing loads transmitted to the working machine.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Degelman et al. (US 20020189223 A1) in view of Moore (US 7784255 B2) and Welsh (US 10433481 B2) as applied to claim 13 above, and further in view of Schaub (US 9457215 B2) and Pees (US 4934667 A).
Regarding claim 14, Degelman, as part of the assembly taught by the combined teachings of Degelman in view of Moore and Welsh, discloses the leveling system according to claim 13 and the suspension element (See Welsh annotated Fig. 1 of claim 13) of the respective leveling sub-systems (14; taught by Welsh).
However, Degelman in view of Moore and Welsh fails to disclose wherein the suspension element (22) is a foam urethane suspension element comprising a plurality of conjoined disks.
Schaub teaches wherein the suspension element is a urethane suspension element comprising a plurality of conjoined disks.
Schaub states, "Axial spring 22 includes a cylinder 48 containing a urethane spring assembly with a plurality of urethane disks 54 with a central opening 56 separated by washers 62 (FIGS. 8 and 9). The washers 62 can be made of any suitably strong material such as stainless steel or aluminum. The stack of urethane disks, functioning as a spring, are designed to complement steel wire springs where such conditions as confined space; corrosion, vibration and magnetism prevent the use of conventional steel springs. Urethane spring material is a polyether-elastomer that reacts similarly to an incompressible fluid" (Schaub Col. 3, lines 49-59).
Pees teaches a foam urethane suspension element 102.
Pees states, "generally cylindrical jounce bumper 102 of microcellular resilient foam material of urethane or other suitable material" (Pees Col. 5, lines 6-9).
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as disclosed by Degelman in view of Moore and Welsh with the urethane suspension element comprising a plurality of conjoined disks as taught by Welsh and the urethane foam taught by Pees, in order to provide a suspension element capable of absorbing shocks and vibrations encountered during operation while reducing loads transmitted to the rotary cutter.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Degelman et al. (US 20020189223 A1) in view of Moore (US 7784255 B2) as applied to claims 1, 5-6, 12, and 15-16 above, and further in view of McFadden (US 5448925 A).
Regarding claim 17, Degelman, as part of the assembly taught by the combined teachings of Degelman in view of Moore, discloses the leveling system according to claim 16 and the wing leveling sub-systems (support arm attached to ground wheel 14 and hydraulics 12; as parts on both sides of 3; See Degelman Fig. 1 and 17, 47 actuators, 40 support axle, 9 ground wheels for 1) and the respective deck support system (42; See Degelman Fig. 1; the ground wheel support arms are seen connected to wheels 14 but are not mentioned in paragraph [0053] for main body 1. For ease of reference, all ground wheel support arms are herein referred to as 42).
However, Degelman in view of Moore fails to disclose the piston rod comprises external threading and a clevis comprising an opening with complementary internal threading, such that when the piston rod is engaged with the clevis and rotated, the piston rod is translated with respect to the clevis.
McFadden teaches the piston rod (116) comprises external threading and a clevis (80') comprising an opening with complementary internal threading, such that when the piston rod (116) is engaged with the clevis (80') and rotated, the piston rod (116) is translated with respect to the clevis (80').
McFadden states, "Upper part 106 is attached to L-shaped lower part 34' of two-piece bracket 30' by bolt 46' and 48', similar to that in FIG. 2. Piston rod 116 of cylinder 104 threads into clevis 80' and is locked into place by jam nut 82'. Clevis 80' is connected to shifter handle 72' by clevis pin 84' and this pin is held in place by cotter pin 118" (McFadden Col. 4, lines 31-37).
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as disclosed by Degelman in view of Moore with the actuator and parts system of the actuator as taught by McFadden, whereby the piston rod comprises external threading and a clevis comprising an opening with complementary internal threading, such that when the piston rod is engaged with the clevis and rotated, the piston rod is translated with respect to the clevis, in order to provide a simple and reliable means for adjusting the effective length of the actuator and thereby facilitate adjustment of the respective wing leveling sub-systems. The modification merely involves the use of a known threaded rod-and clevis adjustment arrangement to achieve its predictable result of adjustable actuator length.
Regarding claim 18, Degelman discloses the leveling system according to claim 17, wherein rotating the piston rod (See Degelman Fig. 1 of hydraulic 12 below) of the respective wing leveling sub-systems (support arm attached to ground wheel 14 and hydraulics 12; as parts on both sides of 3; See Degelman Fig. 1 and 17, 47 actuators, 40 support axle, 9 ground wheels for 1) in a first direction increases the distance between the first end (front of 12; connection point) of the actuator (12, 17, 47) and the clevis (See Degelman annotated Fig.1 below), resulting in an increase in distance (See Degelman [0035]; "raise and lower with respect to ground wheels") between the respective wing (3 right of 1 and 3 left of 1; See Degelman Fig. 1) and the surface.
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Regarding claim 19, Degelman, as part of the assembly taught by the combined teachings of Degelman in view of Moore, discloses the leveling system according to claim 17.
However, Degelman in view of Moore fails to disclose the piston rod (116) comprising a tool surface See McFadden annotated Fig. 5 below) sized and shaped to receive a tool that is capable of rotating the piston rod (116) with respect to the actuator (104).
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It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as disclosed by Degelman in view of Moore with the actuator and parts system of the actuator as taught by McFadden to include a tool surface on the piston rod sized and shaped to receive a tool capable of rotating the piston rod with respect to the actuator because a person of ordinary skill in the art would have recognized the opposed flat surfaces depicted on piston rod 116 as conventional wrench-engagement surfaces used to facilitate rotation and adjustment of a threaded piston rod relative to a clevis. Such a configuration would have predictably enabled adjustment of the threaded piston rod position and subsequent securing of the adjusted position using the adjacent jam nut.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Degelman et al. (US 20020189223 A1) in view of McFadden (US 5448925 A).
Regarding claim 20, Degelman discloses a leveling system for a rotary cutter, the rotary cutter comprising:
a center cutting portion (1);
a first cutting wing (3 right of 1; See Degelman Fig. 1) pivotally coupled to the center cutting portion (1);
a second cutting wing (3 left of 1; See Degelman Fig. 1) pivotally coupled to the center cutting portion (1); and
an actuator system (12, 17, 47) having a center leveling sub-system (17, 47 actuators, 40 support axle, 9 ground wheels, which collectively function to raise and lower the main body), a first wing leveling sub-system (same parts as side extension 3 on left; support arm attached to ground wheel 14 and hydraulics 12; See Degelman annotated Fig. 1 below), and a second wing leveling sub-system (support arm attached to ground wheel 14 and hydraulics 12; See Degelman annotated Fig. 1 below), the respective leveling sub-systems (17, 47 actuators, 40 support axle, 9 ground wheels) including a mount (See Degelman annotated Fig. 1 front end of 47 below) coupled to the respective center cutting portion (1), first cutting wing (3 right of 1; See Degelman annotated Fig. 1) and second cutting wing (3 left of 1; See Degelman annotated Fig. 1), an actuator (12, 17, 47) having a first end pivotally coupled to the mount (See Degelman annotated Fig. 1 front end of 12, 17, 47 for mount location; right side not shown but the same as left) and a second end (See Degelman annotated Fig. 1 below) comprising a piston rod operably, the clevis (See Degelman second annotated Fig. 1 below) being pivotally coupled to a deck support system (42) configured to operably engage a surface beneath the respective center cutting portion (1), first cutting wing (3), and second cutting wing (3), wherein rotating the piston rod adjusts a distance between the first end of the respective actuator (12, 17, 47) and the respective clevis (See Degelman Fig. 1 for front end clevis locations for actuators below) and results in an adjustment to a height of the respective center cutting portion (1), first cutting wing (3) and second cutting wing (3) relative to the surface;
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the actuator system (17, 47) being configured to operably adjust the height of the center cutting portion (1), the first cutting wing (3 left of 1), and the second cutting wing (3 right of 1) between a first raised position (See Fig. 6; highest cutting position) and a second lowered position (See fig. 5; lowest most cutting position) such that the first cutting wing (3 left of 1) and the second cutting wing (3 right of 1) move relative to the center cutting portion (1);
However, Degelman fails to disclose wherein rotating the piston rod of the first wing leveling sub-system results in an adjustment to the height of the first cutting wing independent from the center cutting portion and the second cutting wing; and wherein rotating the piston rod of the second wing leveling sub-system results in an adjustment to the height of the second cutting wing independent from the center cutting portion and the first cutting wing and the piston rod threadably received by a clevis.
McFadden teaches a piston rod (116) threadably received by a clevis (80'), wherein rotation of the piston rod (116) relative to the clevis (80') adjusts the effective length of the actuator (104) and thereby adjusts the height of supported structure. Therefore, as applied to the first and second wing (3) leveling sub-systems of Degelman, rotating the piston rod (116 taught by McFadden) of each respective wing leveling sub-system would result in adjustment of the height of the second cutting wing (3 right of 1) independent from the center cutting portion (1) and the first cutting wing (3 left of 1).
It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the leveling system as disclosed by Degelman with the actuator and parts system of the actuator as taught by McFadden so that the piston rods of the first and second wing leveling sub-systems are threadably received by respective clevises, as taught by McFadden, whereby rotation of the piston rod adjusts the effective length of the actuator. Such modification would have predictable results in independent adjustments of the height of the respective first and second cutting wings relative to the center cutting portion.
Other References Considered
Additionally, US 20180263169 A1 and US 8209946 B2 further illustrates that four wings on a mower is well-known feature in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE A. MARTINEZ whose telephone number is (571)272-5896. The examiner can normally be reached M-F 8-4.
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JOSE A. MARTINEZ
Examiner
Art Unit 3671
/WILLIAM D HUTTON JR/Supervisory Patent Examiner, Art Unit 3674
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