CTNF 18/776,490 CTNF 78979 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. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 17-18 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. Referring to claim 17, the applicant recites “the distal end of the actuator translates along a length of the guide”. However, claim 16 from which claim 17 depends recites “an actuator comprising a distal end that operably engages the bracket” … and a proximal end that is slidably engaged with the guide”. It is unclear the distal end of the actuator can operably engage the bracket and translate along a length of the guide. For examination purposes the examiner will assume the applicant intended to recite in claim 17 - - the proximal end of the actuator translates along a length of the guide- - instead of “the distal end of the actuator translates along a length of the guide”. Claim Rejections - 35 USC § 102 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) 1,5-6,10-13,15-18 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by Carlson 20190313578 . PNG media_image1.png 401 508 media_image1.png Greyscale Examiner Annotated Fig. 5 PNG media_image2.png 531 472 media_image2.png Greyscale Examiner Annotated Fig. 2 Referring to claim 1, Carlson discloses a locking system for a rotary cutter, the rotary cutter comprising: a cutting deck (see fig. 1) comprising a center portion (20), a first wing (22), and a second wing (22); a center deck support system pivotably engaged with the cutting deck and comprising a bracket (140), and a wheel system ( see wheels 30 connected to center portion) operably engaging with a surface beneath the cutting deck, and the deck support system being configured to raise and lower the wheel system relative to the cutting deck (see paragraph 025); a mount (see Examiner Annotated Figure 5, at A) fixedly engaged to the center portion and comprising a guide ( see Examiner Annotated figure 2, at B, the cylinder the ram 110 slides in); an actuator ( ram 110) comprising a distal end slidably engaged with the guide, and proximal end engaged with the bracket (140); and a bracket stop ( travel lock pin 115) limiting the travel of the deck support system past a predetermined position and allowing the distal end of the actuator to move to a shipping set point at the end of the guide whereby putting the first wing and the second wing in position for transport. Referring to claim 5, Carlson discloses disengaging the bracket stop (115) from the bracket and adjusting the extension of the actuator results in an adjustment to a height of the cutting deck relative to the surface (see paragraph 0025). Referring to claim 6, Carlson discloses wherein the bracket stop comprises a first portion (115) and a second portion ( portion that the pin 115 sits in to stop movement), the first portion selectably engaged with the second portion. Referring to claim 10, Carlson discloses the proximal end of the actuator (110) is engaged with the bracket (140) of the deck support system at a first height, and the bracket stop (115) is selectably engaged with the bracket at a second height, the first height being greater than the second height relative to the cutting deck (see fig. 2). Referring to claim 11, Carlson discloses the guide (at B) is a slotted opening in the mount ( at A) Referring to claim 12, Carlson discloses the guide ( at B, cylinder that ram 110 slides ) comprises a distal end and a proximal end, and is angled such that the distal end of the guide is at a height relative to the cutting deck greater than a height of the proximal end of the guide ( see figure 2, the cylinder is angled). Referring to claim 13, Carlson discloses the guide (cylinder at B) is sized and shaped to be one of: an arc; a slant; or substantially horizontal. Referring to claim 15, Carlson discloses the deck support system further comprises a fulcrum (see Examiner Annotated Figure 2, at C) pivotably engaged with the cutting deck and defining an axis about which the deck support system rotates. Referring to claim 16, Carlson discloses wheel pivot system for a rotary cutter, the rotary cutter comprising: a cutting deck comprising a center portion (20), a first wing (22), and a second wing (22); a center deck support system comprising a fulcrum( at C), a bracket (140), and a wheel system (30), the fulcrum being coupled to the cutting deck and defining an axis about which the deck support system rotates; a mount (at A) fixedly engaged to the center portion and comprising a guide ( at B); an actuator (110) comprising a distal end that operably engages the bracket of the deck support system such that an activation of the actuator rotates the deck support system, and a proximal end that is slidably engaged with the guide; and a bracket stop (115) configured to be operably adjustable between a first unlocked configuration and a second locked configuration, the second locked configuration defining a rotation limit of the deck support system, wherein adjusting the bracket stop to the second locked configuration and activating the actuator to rotate the deck support system limits the travel of the deck support system past a predetermined position and allows the distal end of the actuator to move to a wing retraction set point at the end of the guide whereby putting the first wing and the second wing in position for transport. Referring to claim 17, as best understood by the examiner, Carlson discloses the proximal end of the actuator (110) translates along a length of the guide ( at B) while the actuator is extended in a range of being fully retracted to an intermediate position between fully extended and fully retracted. Referring to claim 18, Carlson discloses adjusting the extension of the actuator results in an adjustment to the height of the cutting deck relative to a surface beneath the cutting deck while the actuator is extended in a range of being fully extended to the intermediate position, the intermediate position being about two-thirds extended (see paragraph 0025) . Allowable Subject Matter 12-151-07 AIA 07-97 12-51-07 Claim 20 is allowed. 12-151-08 AIA 07-43 12-51-08 Claim s 2-3,7-9, 14 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Referring to claim 2, Carlson does not teach or suggest engaging the bracket stop with the bracket and adjusting the extension of the actuator enables the distal end of the actuator to translate along a length of the guide in combination with the other limitations of the claim nor would it be obvious to modify Carlson to include this limitation . Referring to claim 7, Carlson does not teach or suggest the first portion of the bracket stop is telescopically engaged with the second portion in combination with the other limitations of the claim nor would it be obvious to modify Carlson to include this limitation. Referring to claim 14, Carlson does not teach or suggest an actuator fastener sized and shaped to pivotably couple the distal end of the actuator to the guide such that the distal end of the actuator is configured to translate along the length of the guide in combination with the other limitations of the claim nor would it be obvious to modify Carlson to include this limitation. Referring to claim 19, Carlson does not teach or suggest a lower height of the cutting deck relative to a surface beneath the cutting deck while the bracket stop is in the second locked configuration is determined based on a shorter length of the bracket stop in the second locked configuration in combination with the other limitations of the claim nor would it be obvious to modify Carlson to include this limitation. Referring to claim 20, Carlson discloses a locking system for a rotary cutter, the rotary cutter comprising: a cutting deck comprising a center portion (20), a first wing (22), and a second wing (22); the center portion comprising: a deck support system pivotably engaged with the cutting deck and comprising a bracket (140), and a wheel system (30) operably engaging with a surface beneath the cutting deck, and the deck support system being configured to raise and lower the wheel system relative to the cutting deck; a mount ( at A) fixedly engaged to the center portion and comprising a guide ( at B); an actuator (110) comprising a distal end slidably engaged with the guide, and a proximal end engaged with the bracket; and bracket stop (115) limiting the travel of the deck support system past a predetermined position and allowing the distal end of the actuator to move to a wing retraction set point at the end of the guide; the first cutting wing (22) pivotally coupled to the cutting deck, and comprising a first wing support system comprising a wheel system (30) operably engaging with the surface, and a second cutting wing (22) pivotally coupled to the cutting deck, and comprising a second wing support system comprising a wheel system (30) operably engaging with the surface. Carlson does not teach or suggest wherein the extension of the actuator of the cutting deck, a first wing actuator, and a second wing actuator are configured to be adjusted simultaneously, and wherein the first wing wheel system and second wing wheel system are configured to continue pivoting to a position for transport when the deck support system is limited at the predetermined position in combination with the other limitations of the claim nor would it be obvious to modify Carlson to include this limitation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIOVANNA WRIGHT whose telephone number is (571)272-7027. The examiner can normally be reached M-F 8 am- 5 pm. 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, Nicole 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. 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. /Giovanna Wright/ Primary Examiner, Art Unit 3672 Application/Control Number: 18/776,490 Page 2 Art Unit: 3672 Application/Control Number: 18/776,490 Page 3 Art Unit: 3672 Application/Control Number: 18/776,490 Page 4 Art Unit: 3672 Application/Control Number: 18/776,490 Page 5 Art Unit: 3672 Application/Control Number: 18/776,490 Page 6 Art Unit: 3672 Application/Control Number: 18/776,490 Page 7 Art Unit: 3672 Application/Control Number: 18/776,490 Page 8 Art Unit: 3672
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