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 .
Specification
The disclosure is objected to because of the following informalities:
In Paragraph [0004], the sentences starting with “A first bale-forming ...”, “A first knotter assembly ... “, and “A needle frame ...” lack verbs
In Paragraph [0005], the word “additional” should be written as --additionally--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“pickup mechanism” in claim 1, 12. The specification defined the pickup mechanism as a rotating element with forks (“the pickup mechanism 22 may comprise a tined, rotating member” [0027])
“knotter assembly” in claim 1, 12, 19. The specification defines knotter assembly as comprising a shaft (“Each knotter assembly 90 may include a rotatable shaft 93” [0055]), knotting mechanism (“each knotter assembly 90 may include a plurality of knotting mechanisms 92” [0056]), and trip mechanism (“knotter assembly 90 may be associated with a trip mechanism 96” [0057])
“trip mechanism” in claim 5, 7, 14, 20. The specification defines trip mechanism as including a starwheel, measuring assembly, and clutch (“each trip mechanism 96 may include a starwheel 98, a measuring assembly 100, and a clutch mechanism 104” [0057])
“knotting mechanisms” in claim 6, 14. The specification defines knotting mechanism either a knotter disc, billhook, strand holder or strand knife (“each knotting mechanism 92 may include: a knotter disc, a billhook assembly (e.g., a billhook, a billhook spring, a billhook cam, a billhook pinion), strand holder, strand knife, etc.” [0055])
“stuffer assembly” in claim 12. The specification defines stuffer assembly as including a base and forks (“Each stuffer assembly 50 may include a base element 50(a) and plurality of stuffer forks 50(b) extending from the base element 50(a).” [0035])
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
Claim 7 and 12 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 7 recites the limitation "said trip mechanism" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, “wherein said trip mechanism” will be interpreted as through it read –further comprising a trip mechanism, wherein said trip mechanism”
The term “generally upwards” in claim 12 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination, “generally upwards” will be interpreted as meaning not downwards.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olander (US 2020/0214221).
Re Claim 1, Olander discloses a high-capacity square baler comprising:
a pickup mechanism (pickup mechanism 22) configured to pick up a single windrow of crop material off the ground (“a pickup mechanism configured to pick up a single windrow of crop material off the ground” [0005]);
a first bale-forming chamber (left-side baling chamber 18) and a second bale-forming chamber (right-side baling chamber 18), wherein each bale-forming chamber is configured to receive crop material and to form the crop material into bales (“a plurality of bale-forming chambers, each configured to receive crop material from one or more of the stuffer chutes” [0005]);
a first knotter assembly associated with the first bale-forming chamber and a second knotter assembly associated with the second bale-forming chamber (“In some embodiments, the baler 10 may include one knotter assembly 90 for each baling chamber 18 , such that each bale of crop material may be wrapped and tied with securement lines.” [0055]), wherein each knotter assembly is configured to tie securement lines around bales formed in the respective bale-forming chamber (“In some embodiments, each knotter assembly 90 may include a pair of knotting mechanisms 92 , as illustrated in FIGS. 2, 3, and 11, each configured to wrap and tie a securement line around each square bale formed in the associated baling chamber 18 .” [0055]); and
a needle frame (needle frame 108) configured to support a first group of needles associated with the first bale-forming chamber and a second group of needles associated with the second bale-forming chamber (“the clutch mechanism 104 may also be operably connected to a needle frame 108 that supports the needles 94 of the associated knotter assembly 90 ” [0057]),
wherein said needle frame is configured to actuate said first group of needles and said second group of needles simultaneously (“the clutch mechanism 104 may also be operably connected to a needle frame 108 that supports the needles 94 of the associated knotter assembly 90 , such that the selective engagement of the clutch mechanism 104 will actuate the needle frame 108 and the needles 94 thereon from the lowered position (e.g., FIG. 12) to the raised position (e.g., FIG. 13).” [0057]), and
wherein said knotter assemblies are configured to operate independently of one another, such that bales formed within the first bale-forming chamber and the second bale-forming chamber can be tied at different times (“Beneficially, the knotter assemblies 90 of the baler 10 are configured to operate independently of one another. As such, the bales being formed in each of the baling chambers 18 can be wrapped and tied at different times, when the bales have been fully formed. ” [0060]).
Re Claim 2, Olander discloses the baler of claim 1 (see rejection of claim 1 above), wherein said first and second bale-forming chambers are configured to be fed crop material from below said bale-forming chambers (“The crop inlet of each baling chamber 18 may be positioned at the bottom of the baling chamber 18 , as illustrated in FIGS. 4, 7, and 8 , such that baling chambers are considered “bottom fed,” with charges of crop material being provided into the baling chambers from below the baling chambers 18 via associated stuffer chutes 28 .” [0036]).
Re Claim 3, Olander discloses the baler of claim 1 (see rejection of claim 1 above), wherein said first and second bale-forming chambers are spaced apart from each other (“In some embodiments, as illustrated in the figures, the baler 10 will include two spaced apart, side-by-side baling chambers 18” [0040]).
Re Claim 4, Olander discloses the baler of claim 3 (see rejection of claim 3 above), wherein said first and second bale-forming chambers are positioned side-by-side (“In some embodiments, as illustrated in the figures, the baler 10 will include two spaced apart, side-by-side baling chambers 18” [0040]).
Re Claim 5, Olander discloses the baler of claim 1 (see rejection of claim 1 above), wherein each of said knotter assemblies includes a trip mechanism configured to initiate tying of said securement lines around each bale upon completion of bale formation (“As illustrated in FIGS. 1 and 2, each knotter assembly 90 may additionally comprise a trip mechanism 96 that can be used to initiate the tying process once a bale of crop material has been fully formed.” [0057]).
Re Claim 6, Olander discloses the baler of claim 1 (see rejection of claim 1 above), wherein each knotter assembly (knotter assembly 90) further comprises at least two knotting mechanisms (knotting mechanisms 92) and is associated with at least two needles (Fig. 11 shows each knotter assembly having two needles 94), wherein said knotting mechanisms and said needles are configured to be cooperatively actuated to tie said securement lines around the bales (“Each of the needles 94 may be used to wrap a securement line completely around a bale of crop material once the bale is fully formed, such that the associated knotting mechanism 92 can tie the securement line securely around the fully formed bale.” [0056]).
Re Claim 7, Olander discloses the baler of claim 6 (see rejection of claim 6 above), wherein said trip mechanism of each knotter assembly (“each trip mechanism 96 may include a starwheel 98 , a measuring assembly 100 , and a clutch mechanism 104 configured to permit associated knotting mechanisms 92 to tie a knot around a bale of crop material upon the bale being formed to a pre-selected size” [0057]) is configured to measure a length of a formed bale (“Broadly, the measuring assembly 100 will be configured to measure a size and/or length of bales being formed in the baling chambers 18 .” [0058]) and to initiate tying of said securement lines around each bale upon completion of bale formation (“Each of the knotter assemblies includes a trip mechanism configured to initiate tying of the securement lines around each bale upon completion of bale formation” [0005]).
Re Claim 8, Olander discloses the baler of claim 7 (see rejection of claim 7 above), wherein said trip mechanism of each knotter assembly is configured to operate independently of each other (“Nevertheless, the left-side and right-side knotter assemblies 90 may operate independently and at different times based on the independent operation of their respective trip mechanisms 96 .” [0067]).
Re Claim 9, Olander discloses the baler of claim 7 (see rejection of claim 7 above), wherein said trip mechanism includes an electronic measuring assembly (“the baler 10 may include trip mechanisms 96 that comprise electronic measuring assemblies that may include electrical and/or electro-mechanical components” [0059]) for measuring the length of the bale, wherein said electronic measuring assembly includes a rotary encoder configured to provide bale length data to an electronic control unit (“The electronic sensor may be a rotary encoder, an optical sensor, or the like. The electronic sensor may measure the length of the bale passing through the associated baling chamber 18 , and the resulting bale length data may be provided to an electronic control unit positioned on the baler 10 or on the tow vehicle” [0059]).
Re Claim 10, Olander discloses the baler of claim 7 (see rejection of claim 7 above), wherein each knotter assembly is operably connected to said needle frame via an actuating arm, such that actuation of either knotter assembly is configured to actuate said needle frame and all of said needles of said baler (see Fig. 13).
Re Claim 11, Olander discloses the baler of claim 11 (see rejection of claim 11 above), wherein said baler is configured to provide rotating power independently to each of said knotter assemblies (“The gearbox 70 may, in some embodiments, be configured to actuate the plungers 52 , such that the left-side and right-side plungers 52 are reciprocated in an alternative fashion” [0046]).
Re Claim 12, Olander discloses a high-capacity square baler (baler 10) comprising:
a pickup mechanism (pickup mechanism 22) configured to pick up a single windrow of crop material off the ground (“a pickup mechanism configured to pick up a single windrow of crop material off the ground” [0005]);
a first stuffer chute (left-side stuffer chute 28) and a second stuffer chute (right side stuffer chute 28), each configured to receive at least a portion of the crop material picked up by said pickup mechanism (“one or more stuffer chutes each configured to receive at least a portion of the crop material picked up by the pickup mechanism” [0005]);
a first stuffer assembly (left-side stuffer assembly 50) and a second stuffer assembly (right-side stuffer assembly 50), each configured to push crop material generally upward through one of said stuffer chutes (“one or more stuffer assemblies, each configured to push crop material generally upward through one or more of the stuffer chutes” [0005]);
a first bale-forming chamber (left-side baling chamber 18) and a second bale-forming chamber (right-side baling chamber 18), wherein each bale-forming chamber is configured to receive crop material from one of said stuffer chutes (“a plurality of bale-forming chambers, each configured to receive crop material from one or more of the stuffer chutes” [0005]) and to form the crop material into bales (“forming bales of crop material within each of the bale-forming chambers” [0006]);
a first knotter assembly associated with the first bale-forming chamber and a second knotter assembly associated with the second bale-forming chamber (“In some embodiments, the baler 10 may include one knotter assembly 90 for each baling chamber 18 , such that each bale of crop material may be wrapped and tied with securement lines.” [0055]), wherein each knotter assembly is configured to tie securement lines around bales formed in the respective bale-forming chamber (“In some embodiments, each knotter assembly 90 may include a pair of knotting mechanisms 92 , as illustrated in FIGS. 2, 3, and 11, each configured to wrap and tie a securement line around each square bale formed in the associated baling chamber 18 .” [0055]); and
a needle frame (needle frame 108) configured to support a first group of needles associated with the first bale-forming chamber and a second group of needles associated with the second bale-forming chamber (“the clutch mechanism 104 may also be operably connected to a needle frame 108 that supports the needles 94 of the associated knotter assembly 90 ” [0057]),
wherein said needle frame is configured to actuate said first group of needles and said second group of needles simultaneously (“the clutch mechanism 104 may also be operably connected to a needle frame 108 that supports the needles 94 of the associated knotter assembly 90 , such that the selective engagement of the clutch mechanism 104 will actuate the needle frame 108 and the needles 94 thereon from the lowered position (e.g., FIG. 12) to the raised position (e.g., FIG. 13).” [0057]), and
wherein said knotter assemblies are configured to operate independently of one another, such that bales formed within the first bale-forming chamber and the second bale-forming chamber can be tied at different times (“Beneficially, the knotter assemblies 90 of the baler 10 are configured to operate independently of one another. As such, the bales being formed in each of the baling chambers 18 can be wrapped and tied at different times, when the bales have been fully formed. ” [0060]).
Re Claim 13, Olander discloses the baler of claim 12 (see rejection of claim 12 above), wherein said first and second bale-forming chambers are spaced apart from each other and positioned side-by-side (“In some embodiments, as illustrated in the figures, the baler 10 will include two spaced apart, side-by-side baling chambers 18” [0040]).
Re Claim 14, Olander discloses the baler of claim 12 (see rejection of claim 12 above), wherein each of said knotter assemblies includes a trip mechanism configured to initiate tying of said securement lines around each bale upon completion of bale formation (“As illustrated in FIGS. 1 and 2, each knotter assembly 90 may additionally comprise a trip mechanism 96 that can be used to initiate the tying process once a bale of crop material has been fully formed.” [0057]), wherein each knotter assembly further comprises at least two knotting mechanisms (knotting mechanism 92) and is associated with at least two needles (Fig. 11 shows each knotter assembly having two needles 94), wherein said knotting mechanisms and said needles are configured to be cooperatively actuated to tie said securement lines around the bales (“Each of the needles 94 may be used to wrap a securement line completely around a bale of crop material once the bale is fully formed, such that the associated knotting mechanism 92 can tie the securement line securely around the fully formed bale.” [0056]).
Re Claim 15, Olander discloses the baler of claim 14 (see rejection of claim 14 above), wherein said trip mechanism of each knotter assembly (“each trip mechanism 96 may include a starwheel 98 , a measuring assembly 100 , and a clutch mechanism 104 configured to permit associated knotting mechanisms 92 to tie a knot around a bale of crop material upon the bale being formed to a pre-selected size” [0057]) is configured to measure a length of a formed bale (“Broadly, the measuring assembly 100 will be configured to measure a size and/or length of bales being formed in the baling chambers 18 .” [0058]) and to initiate tying of said securement lines around each bale upon completion of bale formation (“Each of the knotter assemblies includes a trip mechanism configured to initiate tying of the securement lines around each bale upon completion of bale formation” [0005]). 16. The baler of claim 15, wherein said trip mechanism of each knotter assembly is configured to operate independently of each other.
Re Claim 16, Olander discloses the baler of claim 15 (see rejection of claim 15 above), wherein said trip mechanism of each knotter assembly is configured to operate independently of each other (“Nevertheless, the left-side and right-side knotter assemblies 90 may operate independently and at different times based on the independent operation of their respective trip mechanisms 96 .” [0067]).
Re Claim 17, Olander discloses the baler of claim 16 (see rejection of claim 16 above), wherein each knotter assembly is operably connected to said needle frame via an actuating arm, such that actuation of either knotter assembly is configured to actuate said needle frame and all of said needles of said baler (see Fig. 13, illustrated below).
Re Claim 18, Olander discloses a method of forming a plurality of bales of crop material with a high-capacity square baler, said method comprising the steps of:
(a) picking up crop material from a single windrow (“a step of picking up crop material from a single windrow.” [0006]);
(b) providing the crop material to a first bale-forming chamber and to a second bale-forming chamber (“an additional step of providing the crop material to one or more stuffer chutes, with the stuffer chutes configured to pre-compress the crop material. The method comprises an additional step of transferring the crop material from the one or more stuffer chutes to a plurality of bale-forming chambers.” [0006]);
(c) forming bales of crop material within each of the first and second bale-forming chambers (“step of forming bales of crop material within each of the bale-forming chambers” [0006]);
(d) tying securement lines around bales formed in the first bale-forming chamber using a first group of needles (“tying at least two securement lines around each bale formed in each of the bale-forming chambers” [0006]); and
(e) tying securement lines around bales formed in the second bale-forming chamber using a second group of needles (“tying at least two securement lines around each bale formed in each of the bale-forming chambers” [0006]),
wherein said tying of steps (d) and (e) are performed at different times (“Beneficially, the knotter assemblies 90 of the baler 10 are configured to operate independently of one another. As such, the bales being formed in each of the baling chambers 18 can be wrapped and tied at different times, when the bales have been fully formed. For example, if two bales are being formed in the baler 10 , one in the left-side baling chamber 18 and one in the right-side baling chamber 18 , the left-side knotter assembly 90 can tie off the securement lines around the bale being formed in the left-side baling chamber 18 when the bale is fully formed (i.e., to the predetermined bale length), and the right-side knotter assembly 90 can tie off the securement lines around the bale being formed in the right-side baling chamber 18 when the bale is fully formed (i.e., to the predetermined bale length). However, because such bales may become fully formed at different times, e.g. due to variations in the amount of crop material being provided to the individual baling chambers 18 , the knotter assemblies 90 associated with each baling chamber 18 may initiate tying of the securement lines at different times.” [0060]),
wherein the first group of needles and the second group of needles are supported by a common needle frame (the needle frames supporting the first group of needles and the second group of needles are common as they are on the same device), such that during said tying of steps (d) and (e), the first group of needles and the second group of needles acuate together (“As was noted previously, the left-side and right-side knotter assemblies 90 may operate independently and at different times. To facilitate such independence, certain embodiments provide for the gearbox 70 to independently provide rotational power to each of the knotter assemblies 90 . For example, in some embodiments, the auxiliary drive shaft 84 extending from the lift-side of the gearbox 70 may be connected (e.g., via chain and sprocket) to the sprocket 105 of the clutch mechanism 104 of the left-side knotter assembly 90 . The sprocket 105 can, thus, be constantly driven by the auxiliary drive shaft 84 of the gearbox 70 , such that the rotatable shaft 93 of the left-side knotter assembly can be actuated (in addition to the needles 94 of the left-side knotter assembly 90 ) when engaged by the clutch mechanism 104 upon command from the measuring assembly 100 of the left-side knotter assembly 90 . Certain embodiments may provide for the right-side knotter assembly 90 to be driven in a similar manner by a second auxiliary drive shaft (not shown) extending from a right-side of the gearbox 70 , such that the left-side and right-side knotter assemblies 90 may operate independently and at different times” [0060]).
Re Claim 19, Olander discloses the baler of claim 18 (see rejection of claim 18 above), wherein each bale-forming chamber is associated with a knotter assembly for performing said tying of steps (d) and (e) (“In some embodiments, the baler 10 may include one knotter assembly 90 for each baling chamber 18 , such that each bale of crop material may be wrapped and tied with securement lines.” [0055]), wherein said knotter assemblies are each operably coupled with the needle frame by an actuating arm (see Fig. 13, illustrated below).
Re Claim 20, Olander discloses the baler of claim 19 (see rejection of claim 19 above), further comprising the step of measuring a length of each bale passing through each bale-forming chamber, wherein each knotter assembly includes a trip mechanism for measuring the length of the bales passing through the bale-forming chamber associated with the knotter assembly (“the baler 10 may include trip mechanisms 96 that comprise electronic measuring assemblies that may include electrical and/or electro-mechanical components. For example, each starwheel 98 may be associated with an electronic sensor for measuring a length of the bale passing through the relevant baling chamber 18” [0059]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-9, 11-16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farm Show (“Two New Holland Balers merged into One Big Machine” (2014), hereinafter Farm Show) as evidenced by Product Specification (“BC5000 Series Square Balers” (2015), hereinafter Product Specifications) in view of Verhaeghe et al. (US20160290798), hereinafter referred to as Verhaeghe.
Re Claim 1, Farm Show discloses a high-capacity square baler that has been assembled by combining two BC5070 together (“We cut up two New Holland 5070 balers and combined them into a single machine” Pg. 1, Para. 1) comprising:
a pickup mechanism configured to pick up a single windrow of crop material off the ground (“A 7-1/2 ft. wide pickup is in the center of the joined machines, able to consume double-wide windrows.” Pg. 1, Para. 5);
a first bale-forming chamber (see top picture of Farm Show, annotated below) and a second bale-forming chamber (see top picture of Farm Show, annotated below), wherein each bale-forming chamber is configured to receive crop material (“As hay is picked up, separate gathering forks pull material into both baling chambers.” Pg. 1, Para. 5) and to form the crop material into bales (“Plungers in each chamber cut, compact and build 50 to 60-lb. bales that are discharged out the back on separate chutes.” Pg. 1, Para. 5);
a first knotter assembly associated with the first bale-forming chamber and a second knotter assembly associated with the second bale-forming chamber (First, top picture of Farm Show implicitly discloses that each bale-forming chamber has a knotter assembly as each bale exits the bale-forming chamber with a securement line knotted around it. Second, Pg. 9 of Product Specification, annotated below, shows that the New Holland BC5070 series square baler has a knotter assembly in the bale forming chamber. As the baler disclosed in Farm Show is made of two, combined BC5070 balers, each bale-forming chamber will have a first knotter assembly within it.), wherein each knotter assembly is configured to tie securement lines around bales formed in the respective bale-forming chamber (top picture of Farm Show shows bales exiting bale-forming chamber with securement lines tied around them); and
wherein said knotter assemblies are configured to operate independently of one another, such that bales formed within the first bale-forming chamber and the second bale-forming chamber can be tied at different times (“Configuring the drive for the two baling mechanisms was a major undertaking. A 1-3/8 in. dia.drive shaft runs from the 1,000 rpm tractor pto to a speed-reducing gearbox that creates two 540 rpm drives. The plungers are timed so they alternate compressing hay.” Pg. 2, Para. 2).
Farm Show does not disclose a needle frame configured to support a first group of needles associated with the first bale-forming chamber and a second group of needles associated with the second bale-forming chamber, wherein said needle frame is configured to actuate said first group of needles and said second group of needles simultaneously.
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Top View of Farm Show, illustrated
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Pg. 9 of Product Specification
Verhaeghe teaches a baler (Fig. 1) with a singular pick-up mechanism (duct 3), bale-forming chamber (bale chamber 2), and knotter assembly (knotter 4) further comprising a needle frame (see Fig. 1 of Verhaeghe, illustrated below) including a group of needles (“a tying mechanism with a set of needles 5” [0031]) associated with the bale-forming chamber (Fig. 1) that interacts with the knotter assembly to form a knot (“In FIG. 2B, a first knot 45 of bale B2 is in existence, and the bale B2 is approaching a length where the needle 5 is swinging into operation and presents the strands 43 and 44 to the knotter 4 to start an operation cycle in which two consecutive knots are being formed.” [0032]).
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Fig. 1 of Verhaeghe, illustrated
Farm Show discloses a device that it capable a tying a securement line around a bale and shows a knotter assembly that, at least in part, performs that function, but does not disclose how the knotter assembly performs that function. Verhaeghe teaches that balers use tying mechanisms in order to maintain the shape of bales (“Rectangular bales are able to maintain their shape by means of a series of parallel extending twine loops, provided lengthwise around the bales by means of a tying mechanism. Balers typically use a tying mechanism including automatic knotters by which e.g. two knots are made on every loop for binding a bale.” [0003]). It would have been obvious to one of ordinary skill in the art to modify Farm Show by adding the tying mechanism of Verhaeghe, including the needle frame and set of needles, to each bale-forming chamber of Farm Show including by connecting the needle frame to the knotter assembly via an actuating arm such that the tying mechanism interacts with the knotter assembly of Farm Show as taught by Verhaeghe in order to tie a securement line and maintain the shape of the bales as taught by Verhaeghe. One of ordinary skill in the art would have recognized a reasonable expectation of success. Examiner notes that after modification the needle frame would be configured to actuate the group of needles associated with one bale forming chamber and the group of needles associated with the other bale-forming chamber simultaneously (Farm Show says “Inskeep’s double baler works efficiently because it picks up hay from large merged windrows, separates the inflow into two separate chambers, and kicks bales out two separate chutes in the back at the same time”. Pg. 1, Para. 2 The two baling chambers work simultaneously and nothing in the modification by Verhaeghe would alter that).
Re Claim 2, Farm Show, in view of Verhaeghe, disclose the baler of claim 1 (see rejection of claim 1 above), and Farm show further discloses that said first and second bale-forming chambers are configured to be fed crop material from below said bale-forming chambers (“Inskeep’s double baler works efficiently because it picks up hay from large merged windrows, separates the inflow into two separate chambers” Pg. 1, Para. 2).
Re Claim 3, Farm Show, in view of Verhaeghe, disclose the baler of claim 1 (see rejection of claim 1 above), and Farm Show further discloses that said first and second bale-forming chambers are spaced apart from each other (top picture of Farm Show).
Re Claim 4, Farm Show, in view of Verhaeghe, disclose the baler of claim 3 (see rejection of claim 3 above), and Farm Show further discloses that said first and second bale-forming chambers are positioned side-by-side (top picture of Farm Show).
Re Claim 5, Farm Show, in view of Verhaeghe, disclose the baler of claim 1 (see rejection of claim 1 above), and Farm Show does not discloses that each of said knotter assemblies includes a trip mechanism configured to initiate tying of said securement lines around each bale upon completion of bale formation.
Verhaeghe further teaches that each knotter assembly includes a trip mechanism (starwheel 11 and sensor 12) configured to initiate tying of said securement lines around each bale upon completion of bale formation (“The measurement and calculation tool comprises a bale length measurement star wheel 11 which is mounted in such a way that it engages the crop material M and rotates as crop material M is being moved in the bale chamber 2 . A sensor 12 is adapted for measuring the rotation of the bale length measurement star wheel 11 . The star wheel sensor 12 can be any suitable sensor, and can be e.g. a rotary encoder, a hall effect sensor, an optical sensor, a mechanical or electrical counter, etc.” [0037], “the length of a bale can be determined by counting the number of teeth” [0040], and “When a desirable bale length is reached, the tying mechanism is triggered and two consecutive knots are formed” [0041]).
It would have been obvious to one of ordinary skill in the art to modify Farm Show, in view of Verhaeghe, to incorporate the trip mechanism as taught by Verhaeghe in order to trigger the tying mechanism when the bale reaches a certain size (“When a desirable bale length is reached, the tying mechanism is triggered and two consecutive knots are formed” [0041]). One of ordinary skill in the art would have recognized a reasonable expectation of success.
Re Claim 6, Farm Show, in view of Verhaeghe, disclose the baler of claim 1 (see rejection of claim 1 above), and Farm Show, in view of Verhaeghe, further discloses that each knotter assembly further comprises at least two knotting mechanisms (Pg. 9 of Product Specification, annotated above) and is associated with at least two needles (Verhaeghe, “a tying mechanism with a set of needles 5” [0031] refers to needles in the plural which discloses more than one needle), wherein said knotting mechanisms and said needles are configured to be cooperatively actuated to tie said securement lines around the bales (Verhaeghe, “When the bale reaches a predetermined size, a tying mechanism with a set of needles 5 is activated. As will be appreciated, the tying mechanism comprises a set of individual knotters 4 provided crosswise on top of the bale case 1 at intervals. Each knotter 4 has an associated needle 5 for assisting in forming an individual loop around a finished bale B0 , B1 . In FIG. 1 also a bale B2 is shown that is in the process of being formed. When the bale B2 needs tying, the knotters 4 and their needles 5 are driven to initiate the tying operation.” [0031]).
Re Claim 7, Farm Show, in view of Verhaeghe, disclose the baler of claim 6 (see rejection of claim 6 above), but fails to disclose that said trip mechanism of each knotter assembly is configured to measure a length of a formed bale and to initiate tying of said securement lines around each bale upon completion of bale formation.
Verhaeghe further teaches that each knotter assembly (knotter 4) includes a trip mechanism (starwheel 11 and sensor 12) configured measure a length of a formed bale (“The measurement and calculation tool comprises a bale length measurement star wheel 11 which is mounted in such a way that it engages the crop material M and rotates as crop material M is being moved in the bale chamber 2 . A sensor 12 is adapted for measuring the rotation of the bale length measurement star wheel 11 . The star wheel sensor 12 can be any suitable sensor, and can be e.g. a rotary encoder, a hall effect sensor, an optical sensor, a mechanical or electrical counter, etc.” [0037] and “the length of a bale can be determined by counting the number of teeth” [0040]) and to initiate tying of said securement lines around each bale upon completion of bale formation (“When a desirable bale length is reached, the tying mechanism is triggered and two consecutive knots are formed” [0041]).
It would have been obvious to one of ordinary skill in the art to modify Farm Show, in view of Verhaeghe, to incorporate the trip mechanism as taught by Verhaeghe in order to trigger the tying mechanism when the bale reaches a certain size (“When a desirable bale length is reached, the tying mechanism is triggered and two consecutive knots are formed” [0041]). One of ordinary skill in the art would have recognized a reasonable expectation of success.
Re Claim 8, Farm Show, in view of Verhaeghe, disclose the baler of claim 7 (see rejection of claim 7 above), wherein said trip mechanism of each knotter assembly is configured to operate independently of each other (Farm Show says “Inskeep’s double baler works efficiently because it picks up hay from large merged windrows, separates the inflow into two separate chambers, and kicks bales out two separate chutes in the back at the same time”. Pg. 1, Para. 2 The two baling chambers work independently and nothing in the modification by Verhaeghe would alter that).
Re Claim 9, Farm Show, in view of Verhaeghe, disclose the baler of claim 7 (see rejection of claim 7 above), and Verhaeghe further teaches said trip mechanism includes an electronic measuring assembly (sensor 12) for measuring the length of the bale (“The measurement and calculation tool comprises a bale length measurement star wheel 11 which is mounted in such a way that it engages the crop material M and rotates as crop material M is being moved in the bale chamber 2 . A sensor 12 is adapted for measuring the rotation of the bale length measurement star wheel 11 . The star wheel sensor 12 can be any suitable sensor, and can be e.g. a rotary encoder, a hall effect sensor, an optical sensor, a mechanical or electrical counter, etc.” [0037] and “the length of a bale can be determined by counting the number of teeth” [0040]), wherein said electronic measuring assembly includes a rotary encoder (“The star wheel sensor 12 can be any suitable sensor, and can be e.g. a rotary encoder, a hall effect sensor, an optical sensor, a mechanical or electrical counter, etc.” [0037]) configured to provide bale length data to an electronic control unit (processor 13, “the measurement and calculation tool comprises a processor 13 processing the signals SB received from star wheel sensor 12” [0037]).
Re Claim 11, Farm Show, in view of Verhaeghe, disclose the baler of claim 10 (see rejection of claim 10 above), wherein said baler is configured to provide rotating power independently to each of said knotter assemblies (The knotter assembly of the instant application has been mapped to the knotter 4 and measurement and calculation tool 11, 12, 13 of Verhaeghe. The baler provides rotating power to these components of Verhaeghe independently of any other knotter assembly. After the modification, power will still be provided to these components independent of any other knotter assemblies).
Re Claim 12, Farm Show discloses a high-capacity square baler that has been assembled by combining two BC5070 together (“We cut up two New Holland 5070 balers and combined them into a single machine” Pg. 1, Para. 1) comprising:
a pickup mechanism configured to pick up a single windrow of crop material off the ground (“A 7-1/2 ft. wide pickup is in the center of the joined machines, able to consume double-wide windrows.” Pg. 1, Para. 5);
a first stuffer chute (left side of area between the pickup mechanism and the baling chamber) and a second stuffer chute (right side of area between the pickup mechanism and the baling chamber) each configured to receive at least a portion of the crop material picked up by said pickup mechanism (the pickup mechanism comprises a toothed rolling element that picks up forage. This forage is disposed of in an area behind the pickup mechanism where gathering forks direct the forage to the baling chambers. This area is the first and second stuffer chute)
a first stuffer assembly (left side gathering fork) and a second stuffer assembly (right side gathering fork), each configured to push crop material generally upward through one of said stuffer chutes (“As hay is picked up, separate gathering forks pull material into both baling chambers.” Pg. 1, Para. 5);
a first bale-forming chamber (see top picture of Farm Show, annotated below) and a second bale-forming chamber (see top picture of Farm Show, annotated below), wherein each bale-forming chamber is configured to receive crop material from one of said stuffer chutes (“As hay is picked up, separate gathering forks pull material into both baling chambers.” Pg. 1, Para. 5) and to form the crop material into bales (“Plungers in each chamber cut, compact and build 50 to 60-lb. bales that are discharged out the back on separate chutes.” Pg. 1, Para. 5);
a first knotter assembly associated with the first bale-forming chamber and a second knotter assembly associated with the second bale-forming chamber (First, top picture of Farm Show implicitly discloses that each bale-forming chamber has a knotter assembly as each bale exits the bale-forming chamber with a securement line knotted around it. Second, Pg. 9 of Product Specification, annotated below, shows that the New Holland BC5070 series square baler has a knotter assembly in the bale forming chamber. As the baler disclosed in Farm Show is made of two, combined BC5070 balers, each bale-forming chamber will have a first knotter assembly within it.), wherein each knotter assembly is configured to tie securement lines around bales formed in the respective bale-forming chamber (top picture of Farm Show shows bales exiting bale-forming chamber with securement lines tied around them); and
wherein said knotter assemblies are configured to operate independently of one another, such that bales formed within the first bale-forming chamber and the second bale-forming chamber can be tied at different times (“Configuring the drive for the two baling mechanisms was a major undertaking. A 1-3/8 in. dia.drive shaft runs from the 1,000 rpm tractor pto to a speed-reducing gearbox that creates two 540 rpm drives. The plungers are timed so they alternate compressing hay.” Pg. 2, Para. 2).
Farm Show does not disclose a needle frame configured to support a first group of needles associated with the first bale-forming chamber and a second group of needles associated with the second bale-forming chamber, wherein said needle frame is configured to actuate said first group of needles and said second group of needles simultaneously.
Verhaeghe teaches a baler (Fig. 1) with a singular pick-up mechanism (duct 3), bale-forming chamber (bale chamber 2), and knotter assembly (knotter 4) further comprising a needle frame (see Fig. 1 of Verhaeghe, illustrated below) including a group of needles (“a tying mechanism with a set of needles 5” [0031]) associated with the bale-forming chamber (Fig. 1) that interacts with the knotter assembly to form a knot (“In FIG. 2B, a first knot 45 of bale B2 is in existence, and the bale B2 is approaching a length where the needle 5 is swinging into operation and presents the strands 43 and 44 to the knotter 4 to start an operation cycle in which two consecutive knots are being formed.” [0032]).
Farm Show discloses a device that it capable a tying a securement line around a bale and shows a knotter assembly that, at least in part, performs that function, but does not disclose how the knotter assembly performs that function. Verhaeghe teaches that balers use tying mechanisms in order to maintain the shape of bales (“Rectangular bales are able to maintain their shape by means of a series of parallel extending twine loops, provided lengthwise around the bales by means of a tying mechanism. Balers typically use a tying mechanism including automatic knotters by which e.g. two knots are made on every loop for binding a bale.” [0003]). It would have been obvious to one of ordinary skill in the art to modify Farm Show by adding the tying mechanism of Verhaeghe, including the needle frame and set of needles, to each bale-forming chamber of Farm Show including by connecting the needle frame to the knotter assembly via an actuating arm such that the tying mechanism interacts with the knotter assembly of Farm Show as taught by Verhaeghe in order to tie a securement line and maintain the shape of the bales as taught by Verhaeghe. One of ordinary skill in the art would have recognized a reasonable expectation of success. Examiner notes that after modification the needle frame would be configured to actuate the group of needles associated with one bale forming chamber and the group of needles associated with the other bale-forming chamber simultaneously (Farm Show says “Inskeep’s double baler works efficiently because it picks up hay from large merged windrows, separates the inflow into two separate chambers, and kicks bales out two separate chutes in the back at the same time”. Pg. 1, Para. 2 The two baling chambers work simultaneously and nothing in the modification by Verhaeghe would alter that).
Re Claim 13, Farm Show, in view of Verhaeghe, disclose the baler of claim 12 (see rejection of claim 12 above), and Farm Show further discloses that said first and second bale-forming chambers are spaced apart and positioned side-by-side (top picture of Farm Show).
Re Claim 14, Farm Show, in view of Verhaeghe, disclose the baler of claim 12 (see rejection of claim 12 above), and further discloses that each knotter assembly further comprises at least two knotting mechanisms (Pg. 9 of Product Specification, annotated above) and is associated with at least two needles (Verhaeghe, “a tying mechanism with a set of needles 5” [0031] refers to needles in the plural which discloses more than one needle), wherein said knotting mechanisms and said needles are configured to be cooperatively actuated to tie said securement lines around the bales (Verhaeghe, “When the bale reaches a predetermined size, a tying mechanism with a set of needles 5 is activated. As will be appreciated, the tying mechanism comprises a set of individual knotters 4 provided crosswise on top of the bale case 1 at intervals. Each knotter 4 has an associated needle 5 for assisting in forming an individual loop around a finished bale B0 , B1 . In FIG. 1 also a bale B2 is shown that is in the process of being formed. When the bale B2 needs tying, the knotters 4 and their needles 5 are driven to initiate the tying operation.” [0031]).
Farm Show, in view of Verhaeghe does not discloses that each of said knotter assemblies includes a trip mechanism configured to initiate tying of said securement lines around each bale upon completion of bale formation.
Verhaeghe further teaches that each knotter assembly includes a trip mechanism (starwheel 11 and sensor 12) configured to initiate tying of said securement lines around each bale upon completion of bale formation (“The measurement and calculation tool comprises a bale length measurement star wheel 11 which is mounted in such a way that it engages the crop material M and rotates as crop material M is being moved in the bale chamber 2 . A sensor 12 is adapted for measuring the rotation of the bale length measurement star wheel 11 . The star wheel sensor 12 can be any suitable sensor, and can be e.g. a rotary encoder, a hall effect sensor, an optical sensor, a mechanical or electrical counter, etc.” [0037], “the length of a bale can be determined by counting the number of teeth” [0040], and “When a desirable bale length is reached, the tying mechanism is triggered and two consecutive knots are formed” [0041]).
It would have been obvious to one of ordinary skill in the art to modify Farm Show, in view of Verhaeghe, to incorporate the trip mechanism as taught by Verhaeghe in order to trigger the tying mechanism when the bale reaches a certain size (“When a desirable bale length is reached, the tying mechanism is triggered and two consecutive knots are formed” [0041]). One of ordinary skill in the art would have recognized a reasonable expectation of success.
Re Claim 15, Farm Show, in view of Verhaeghe, disclose the baler of claim 14 (see rejection of claim 14 above), and Verhaeghe further teaches that said trip mechanism of each knotter assembly is configured to measure a length of a formed bale (“The measurement and calculation tool comprises a bale length measurement star wheel 11 which is mounted in such a way that it engages the crop material M and rotates as crop material M is being moved in the bale chamber 2 . A sensor 12 is adapted for measuring the rotation of the bale length measurement star wheel 11 . The star wheel sensor 12 can be any suitable sensor, and can be e.g. a rotary encoder, a hall effect sensor, an optical sensor, a mechanical or electrical counter, etc.” [0037] and “the length of a bale can be determined by counting the number of teeth” [0040]) and to initiate tying of said securement lines around each bale upon completion of bale formation (“When a desirable bale length is reached, the tying mechanism is triggered and two consecutive knots are formed” [0041]).
Re Claim 16, Farm Show, in view of Verhaeghe, disclose the baler of claim 15 (see rejection of claim 15 above), wherein said trip mechanism of each knotter assembly is configured to operate independently of each other (Farm Show says “Inskeep’s double baler works efficiently because it picks up hay from large merged windrows, separates the inflow into two separate chambers, and kicks bales out two separate chutes in the back at the same time”. Pg. 1, Para. 2 The two baling chambers work independently and nothing in the modification by Verhaeghe would alter that).
Re Claim 18, Farm Show discloses a method of forming a plurality of bales of crop material with a high-capacity square baler, said method comprising the steps of:
(a) picking up crop material from a single windrow (“Inskeep’s double baler works efficiently because it picks up hay from large merged windrows” Pg. 1, Para. 2);
(b) providing the crop material to a first bale-forming chamber and to a second bale-forming chamber (“Inskeep’s double baler works efficiently because it picks up hay from large merged windrows, separates the inflow into two separate chambers” Pg. 1, Para. 2);
(c) forming bales of crop material within each of the first and second bale-forming chambers (“Inskeep’s double baler works efficiently because it picks up hay from large merged windrows, separates the inflow into two separate chambers, and kicks bales out two separate chutes in the back” Pg. 1, Para. 2);
(d) tying securement lines around bales formed in the first bale-forming chamber (Top View of Farm Show shows bales exiting the first bale-forming chamber with securement lines tied around them); and
(e) tying securement lines around bales formed in the second bale-forming chamber (Top View of Farm Show shows bales exiting the second bale-forming chamber with securement lines tied around them),
wherein said tying of steps (d) and (e) are performed at different times (“Configuring the drive for the two baling mechanisms was a major undertaking. A 1-3/8 in. dia.drive shaft runs from the 1,000 rpm tractor pto to a speed-reducing gearbox that creates two 540 rpm drives. The plungers are timed so they alternate compressing hay.” Pg. 2, Para. 2),
wherein the first group of needles and the second group of needles are supported by a common needle frame such that during said tying of steps (d) and (e), the first group of needles and the second group of needles acuate together.
Farm Show fails to discloses using a group of needles to tie securement lines around bales formed in the bale-forming chambers wherein the first group of needles and the second group of needles are supported by a common needle frame, such that during said tying of steps (d) and (e), the first group of needles and the second group of needles acuate together.
Verhaeghe teaches a baler (Fig. 1) with a singular pick-up mechanism (duct 3), bale-forming chamber (bale chamber 2), and knotter assembly (knotter 4) further comprising a needle frame (see Fig. 1 of Verhaeghe, illustrated below) including a group of needles (“a tying mechanism with a set of needles 5” [0031]) associated with the bale-forming chamber (Fig. 1) that interacts with the knotter assembly to form a knot (“In FIG. 2B, a first knot 45 of bale B2 is in existence, and the bale B2 is approaching a length where the needle 5 is swinging into operation and presents the strands 43 and 44 to the knotter 4 to start an operation cycle in which two consecutive knots are being formed.” [0032]).
Farm Show discloses a device that it capable of performing the function of tying a securement line around a bale and shows a knotter assembly that, at least in part, performs that function, but does not disclose how the knotter assembly performs that function. Verhaeghe teaches that balers use tying mechanisms in order to maintain the shape of bales (“Rectangular bales are able to maintain their shape by means of a series of parallel extending twine loops, provided lengthwise around the bales by means of a tying mechanism. Balers typically use a tying mechanism including automatic knotters by which e.g. two knots are made on every loop for binding a bale.” [0003]). It would have been obvious to one of ordinary skill in the art to modify Farm Show by adding the tying mechanism of Verhaeghe, including the needle frame and set of needles, to each bale-forming chamber of Farm Show including by connecting the needle frame to the knotter assembly via an actuating arm such that the tying mechanism interacts with the knotter assembly of Farm Show as taught by Verhaeghe in order to tie a securement line and maintain the shape of the bales as taught by Verhaeghe. One of ordinary skill in the art would have recognized a reasonable expectation of success.
Examiner notes that after modification the needle frame would be configured to actuate the group of needles associated with one bale forming chamber and the group of needles associated with the other bale-forming chamber together (Farm Show says “Inskeep’s double baler works efficiently because it picks up hay from large merged windrows, separates the inflow into two separate chambers, and kicks bales out two separate chutes in the back at the same time”. Pg. 1, Para. 2 The two baling chambers work simultaneously, which is within the broadest reasonable interpretation of together, and nothing in the modification by Verhaeghe would alter that) and on a common needle frame (needle frame is common as it is on a common baler).
Re Claim 19, Farm Show, in view of Verhaeghe, disclose the method of claim 18 (see rejection of claim 18 above), wherein each bale-forming chamber is associated with a knotter assembly for performing said tying of steps (d) and (e) (First, top picture of Farm Show implicitly discloses that each bale-forming chamber has a knotter assembly as each bale exits the bale-forming chamber with a securement line knotted around it. Second, Pg. 9 of Product Specification, annotated above, shows that the New Holland BC5070 series square baler has a knotter assembly in the bale forming chamber. As the baler disclosed in Farm Show is made of two, combined BC5070 balers, each bale-forming chamber will have a first knotter assembly within it.), wherein said knotter assemblies are each operably coupled with the needle frame by an actuating arm (see Fig. 1 of Verhaeghe, illustrated above).
Re Claim 20, Farm Show, in view of Verhaeghe, disclose the method of claim 18 (see rejection of claim 19 above), but fails to disclose the step of measuring a length of each bale passing through each bale-forming chamber, wherein each knotter assembly includes a trip mechanism for measuring the length of the bales passing through the bale-forming chamber associated with the knotter assembly.
Verhaeghe further teaches that each knotter assembly (knotter 4) includes a trip mechanism (starwheel 11 and sensor 12) configured measure a length of a formed bale (“The measurement and calculation tool comprises a bale length measurement star wheel 11 which is mounted in such a way that it engages the crop material M and rotates as crop material M is being moved in the bale chamber 2 . A sensor 12 is adapted for measuring the rotation of the bale length measurement star wheel 11 . The star wheel sensor 12 can be any suitable sensor, and can be e.g. a rotary encoder, a hall effect sensor, an optical sensor, a mechanical or electrical counter, etc.” [0037] and “the length of a bale can be determined by counting the number of teeth” [0040]) and to initiate tying of said securement lines around each bale upon completion of bale formation (“When a desirable bale length is reached, the tying mechanism is triggered and two consecutive knots are formed” [0041]).
It would have been obvious to one of ordinary skill in the art to modify Farm Show, in view of Verhaeghe, to incorporate the step of measuring a length of each bale passing through the bale-forming chamber and the structure to do so as taught by Verhaeghe in order to trigger the tying mechanism when the bale reaches a certain size (“When a desirable bale length is reached, the tying mechanism is triggered and two consecutive knots are formed” [0041]). One of ordinary skill in the art would have recognized a reasonable expectation of success.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farm Show, in view of Verhaeghe, as applied to claim 8 above, and further in view of Harrington (US 3,020,830).
Re Claim 10, Farm Show, in view of Verhaeghe, disclose the baler of claim 8 (see rejection of claim 8 above), and Verhaeghe further teaches that each knotter assembly is operably connected to said needle frame via an actuating arm (see Fig. 1 of Verhaeghe, illustrated above), but fails to disclose that the actuation of either knotter assembly is configured to actuate said needle frame and all of said needles of said baler.
Harrington teaches a baler with two bale-forming chambers (left bale chamber 10 and right bale chamber 12) each with a knotter assembly (see Fig. 3, 4 of Harrington, illustrated below) wherein the assemblies are connected by a shaft (“The knotters are supported over the bale chambers in the usual manner and are cross connected by a single shaft 88. The knotters are driven by means of chain drive connections 90. The flywheel is connected to the sprocket 40 by similar chain drive means”) so that the actuation of either knotter assembly is configured to actuate said needle frame and all of said needles of said baler (crank 32 turns a first sprocket which drives the chain belt which turns the second sprocket, which rotates the actuating arm which actuates the needle frame and all of said needles of said baler. Fig. 2 shows the second sprocket is part of one knotter assembly and is connected by shaft to the other knotter assembly. If the other knotter assembly was actuated, the second sprocket would turn, rotating the actuating arm, needle frame, and needles).
Harrington teaches connecting the knotter assemblies with a shaft in order to power both assemblies with a single drive (“The twine box and frame bar, as well as the shaft 34, securely interconnects the two bale chambers and permits the operation of the two presses by a single drive takeoff and shaft as well as the operation of the paired knotters from a single drive”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Farm Show, in view of Verhaeghe, by adding a shaft as taught by Harrington between the two knotter assemblies of Farm Show in order to power both from one drive source.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farm Show, in view of Verhaeghe, as applied to claim 16 above, and further in view of Harrington (US 3,020,830).
Re Claim 17, Farm Show, in view of Verhaeghe, disclose the baler of claim 16 (see rejection of claim 16 above), and Verhaeghe further teaches that each knotter assembly is operably connected to said needle frame via an actuating arm (see Fig. 1 of Verhaeghe, illustrated above), but fails to disclose that the actuation of either knotter assembly is configured to actuate said needle frame and all of said needles of said baler.
Harrington teaches a baler with two bale-forming chambers (left bale chamber 10 and right bale chamber 12) each with a knotter assembly (see Fig. 3, 4 of Harrington, illustrated below) wherein the assemblies are connected by a shaft (“The knotters are supported over the bale chambers in the usual manner and are cross connected by a single shaft 88. The knotters are driven by means of chain drive connections 90. The flywheel is connected to the sprocket 40 by similar chain drive means”) so that the actuation of either knotter assembly is configured to actuate said needle frame and all of said needles of said baler (crank 32 turns a first sprocket which drives the chain belt which turns the second sprocket, which rotates the actuating arm which actuates the needle frame and all of said needles of said baler. Fig. 2 shows the second sprocket is part of one knotter assembly and is connected by shaft to the other knotter assembly. If the other knotter assembly was actuated, the second sprocket would turn, rotating the actuating arm, needle frame, and needles).
Harrington teaches connecting the knotter assemblies with a shaft in order to power both assemblies with a single drive (“The twine box and frame bar, as well as the shaft 34, securely interconnects the two bale chambers and permits the operation of the two presses by a single drive takeoff and shaft as well as the operation of the paired knotters from a single drive”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Farm Show, in view of Verhaeghe, by adding a shaft as taught by Harrington between the two knotter assemblies of Farm Show in order to power both from one drive source.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1-9, 11-16, and 18-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5, 8, 9, 11, and 16 of U.S. Patent No. 11,140,830 in view of Verhaeghe. The differences between the claims are highlighted below by bolding all limitations that differ in scope, italicizing additional limitations in the instant application, and underlining limitations in the instant application that will be addressed below.
Instant Application # 18/781,438
US 11,140,830
1 A high-capacity square baler comprising:
a pickup mechanism configured to pick up a single windrow of crop material off the ground;
a first bale-forming chamber and a second bale-forming chamber, wherein each bale-forming chamber is configured to receive crop material and to form the crop material into bales;
a first knotter assembly associated with the first bale-forming chamber and a second knotter assembly associated with the second bale-forming chamber, wherein each knotter assembly is configured to tie securement lines around bales formed in the respective bale-forming chamber; and
a needle frame configured to support a first group of needles associated with the first bale-forming chamber and a second group of needles associated with the second bale-forming chamber, wherein said needle frame is configured to actuate said first group of needles and said second group of needles simultaneously, and
wherein said knotter assemblies are configured to operate independently of one another, such that bales formed within the first bale-forming chamber and the second bale-forming chamber can be tied at different times.
1. A high capacity square baler configured to pick up crop material from a single windrow and form a plurality of square bales from the crop material, said baler comprising:
one or more stuffer chutes each configured to receive at least a portion of the crop material picked up by said baler;
one or more stuffer assemblies each configured to push crop material upward through said one or more stuffer chutes;
a plurality of bale-forming chambers, including a first bale-forming chamber and a second bale-forming chamber, each configured to receive crop material from said one or more stuffer chutes, wherein said first and second bale-forming chambers are spaced apart from each other, wherein said bale-forming chambers are configured to receive crop material from said one or more stuffer chutes through bottom portions of said bale-forming chambers; and
a plurality of knotter assemblies, including a first knotter assembly and a second knotter assembly,
wherein said first knotter assembly is associated with said first bale-forming chamber and is configured to wrap and tie at least two securement lines around bales formed in said first bale-forming chamber,
wherein said second knotter assembly is associated with said second bale-forming chamber and is configured to wrap and tie at least two securement lines around bales formed in said second bale-forming chamber,
wherein said first knotter assembly includes a first trip mechanism configured to initiate tying of said securement lines by said first knotter assembly around the bales formed in said first bale-forming chamber upon the bales being completely formed within said first bale-forming chamber, wherein said first trip mechanism comprises a first bale measuring assembly configured to determine sizes of bales formed within said first bale-forming chamber,
wherein said second knotter assembly includes a second trip mechanism configured to initiate tying by said second knotter assembly of said securement lines around the bales formed in said second bale-forming chamber upon the bales being completely formed within said second bale-forming chamber, wherein said second trip mechanism comprises a second bale measuring assembly configured to determine sizes of bales formed within said second bale-forming chamber,
wherein said first and second knotter assemblies are configured to operate independently of one another, such that bales formed in said first bale-forming chamber can be tied at different times than bales formed in said second bale-forming chamber.
2. The baler of claim 1, wherein said first and second bale-forming chambers are configured to be fed crop material from below said bale-forming chambers.
Section of claim 1:
“wherein said bale-forming chambers are configured to receive crop material from said one or more stuffer chutes through bottom portions of said bale-forming chambers”
3. The baler of claim 1, wherein said first and second bale-forming chambers are spaced apart from each other.
Section of claim 1:
“wherein said first and second bale-forming chambers are spaced apart from each other”
4. The baler of claim 3, wherein said first and second bale-forming chambers are positioned side-by-side.
3. The baler of claim 1, wherein said first and second bale-forming chambers are positioned side-by-side.
5. The baler of claim 1, wherein each of said knotter assemblies includes a trip mechanism configured to initiate tying of said securement lines around each bale upon completion of bale formation.
Section of claim 1:
“wherein said first knotter assembly includes a first trip mechanism configured to initiate tying of said securement lines by said first knotter assembly around the bales formed in said first bale-forming chamber upon the bales being completely formed within said first bale-forming chamber, wherein said first trip mechanism comprises a first bale measuring assembly configured to determine sizes of bales formed within said first bale-forming chamber,
wherein said second knotter assembly includes a second trip mechanism configured to initiate tying by said second knotter assembly of said securement lines around the bales formed in said second bale-forming chamber upon the bales being completely formed within said second bale-forming chamber, wherein said second trip mechanism comprises a second bale measuring assembly configured to determine sizes of bales formed within said second bale-forming chamber”
6. The baler of claim 1, wherein each knotter assembly further comprises at least two knotting mechanisms and is associated with at least two needles, wherein said knotting mechanisms and said needles are configured to be cooperatively actuated to tie said securement lines around the bales.
5. The baler of claim 1, wherein each knotter assembly further comprises at least two knotting mechanisms and at least two needles, wherein said knotting mechanisms and said needles are configured to be cooperatively actuated to tie said securement lines around the bales.
7. The baler of claim 6, wherein said trip mechanism of each knotter assembly is configured to measure a length of a formed bale and to initiate tying of said securement lines around each bale upon completion of bale formation.
8. The baler of claim 5, wherein each measuring assembly comprises an electronic measuring assembly for measuring the length of the bales formed in the bale-forming chamber with which said measuring assembly is associated, wherein said electronic measuring assembly includes a rotary encoder configured to provide bale length data to an electronic control unit.
Section of claim 1:
“wherein said first knotter assembly includes a first trip mechanism configured to initiate tying of said securement lines by said first knotter assembly around the bales formed in said first bale-forming chamber upon the bales being completely formed within said first bale-forming chamber, wherein said first trip mechanism comprises a first bale measuring assembly configured to determine sizes of bales formed within said first bale-forming chamber,
wherein said second knotter assembly includes a second trip mechanism configured to initiate tying by said second knotter assembly of said securement lines around the bales formed in said second bale-forming chamber upon the bales being completely formed within said second bale-forming chamber, wherein said second trip mechanism comprises a second bale measuring assembly configured to determine sizes of bales formed within said second bale-forming chamber”
8. The baler of claim 7, wherein said trip mechanism of each knotter assembly is configured to operate independently of each other.
Section of claim 1:
“wherein said first and second knotter assemblies are configured to operate independently of one another, such that bales formed in said first bale-forming chamber can be tied at different times than bales formed in said second bale-forming chamber”
9. The baler of claim 7, wherein said trip mechanism includes an electronic measuring assembly for measuring the length of the bale, wherein said electronic measuring assembly includes a rotary encoder configured to provide bale length data to an electronic control unit.
8. The baler of claim 5, wherein each measuring assembly comprises an electronic measuring assembly for measuring the length of the bales formed in the bale-forming chamber with which said measuring assembly is associated, wherein said electronic measuring assembly includes a rotary encoder configured to provide bale length data to an electronic control unit.
11. The baler of claim 10, wherein said baler is configured to provide rotating power independently to each of said knotter assemblies.
9. The baler of claim 1, further comprising a rotating power source for providing rotational power to said knotter assemblies
11. The baler of claim 9, wherein said baler is configured to provide rotating power from the rotating power source independently to each of said knotter assemblies.
12. A high-capacity square baler comprising:
a pickup mechanism configured to pick up a single windrow of crop material off the ground;
a first stuffer chute and a second stuffer chute, each configured to receive at least a portion of the crop material picked up by said pickup mechanism;
a first stuffer assembly and a second stuffer assembly, each configured to push crop material generally upward through one of said stuffer chutes;
a first bale-forming chamber and a second bale-forming chamber, wherein each bale-forming chamber is configured to receive crop material from one of said stuffer chutes and to form the crop material into bales;
a first knotter assembly associated with the first bale-forming chamber and a second knotter assembly associated with the second bale-forming chamber, wherein each knotter assembly is configured to tie securement lines around bales formed in the respective bale-forming chamber; and
a needle frame configured to support a first group of needles associated with the first bale-forming chamber and a second group of needles associated with the second bale-forming chamber,
wherein said needle frame is configured to actuate said first group of needles and said second group of needles simultaneously, and
wherein said knotter assemblies are configured to operate independently of one another, such that bales formed within the first bale-forming chamber and the second bale-forming chamber can be tied at different times.
1. A high capacity square baler configured to pick up crop material from a single windrow and form a plurality of square bales from the crop material, said baler comprising:
one or more stuffer chutes each configured to receive at least a portion of the crop material picked up by said baler;
one or more stuffer assemblies each configured to push crop material upward through said one or more stuffer chutes;
a plurality of bale-forming chambers, including a first bale-forming chamber and a second bale-forming chamber, each configured to receive crop material from said one or more stuffer chutes, wherein said first and second bale-forming chambers are spaced apart from each other, wherein said bale-forming chambers are configured to receive crop material from said one or more stuffer chutes through bottom portions of said bale-forming chambers; and
a plurality of knotter assemblies, including a first knotter assembly and a second knotter assembly, wherein said first knotter assembly is associated with said first bale-forming chamber and is configured to wrap and tie at least two securement lines around bales formed in said first bale-forming chamber, wherein said second knotter assembly is associated with said second bale-forming chamber and is configured to wrap and tie at least two securement lines around bales formed in said second bale-forming chamber,
wherein said first knotter assembly includes a first trip mechanism configured to initiate tying of said securement lines by said first knotter assembly around the bales formed in said first bale-forming chamber upon the bales being completely formed within said first bale-forming chamber, wherein said first trip mechanism comprises a first bale measuring assembly configured to determine sizes of bales formed within said first bale-forming chamber,
wherein said second knotter assembly includes a second trip mechanism configured to initiate tying by said second knotter assembly of said securement lines around the bales formed in said second bale-forming chamber upon the bales being completely formed within said second bale-forming chamber, wherein said second trip mechanism comprises a second bale measuring assembly configured to determine sizes of bales formed within said second bale-forming chamber,
wherein said first and second knotter assemblies are configured to operate independently of one another, such that bales formed in said first bale-forming chamber can be tied at different times than bales formed in said second bale-forming chamber.
13. The baler of claim 12, wherein said first and second bale-forming chambers are spaced apart from each other and positioned side-by-side.
Section of Claim 1:
“wherein said first and second bale-forming chambers are spaced apart from each other”
3. The baler of claim 1, wherein said first and second bale-forming chambers are positioned side-by-side.
14. The baler of claim 12, wherein each of said knotter assemblies includes a trip mechanism configured to initiate tying of said securement lines around each bale upon completion of bale formation,
wherein each knotter assembly further comprises at least two knotting mechanisms and is associated with at least two needles, wherein said knotting mechanisms and said needles are configured to be cooperatively actuated to tie said securement lines around the bales.
Section of claim 1:
“wherein said first knotter assembly includes a first trip mechanism configured to initiate tying of said securement lines by said first knotter assembly around the bales formed in said first bale-forming chamber upon the bales being completely formed within said first bale-forming chamber, wherein said first trip mechanism comprises a first bale measuring assembly configured to determine sizes of bales formed within said first bale-forming chamber,
wherein said second knotter assembly includes a second trip mechanism configured to initiate tying by said second knotter assembly of said securement lines around the bales formed in said second bale-forming chamber upon the bales being completely formed within said second bale-forming chamber, wherein said second trip mechanism comprises a second bale measuring assembly configured to determine sizes of bales formed within said second bale-forming chamber”
5. The baler of claim 1, wherein each knotter assembly further comprises at least two knotting mechanisms and at least two needles, wherein said knotting mechanisms and said needles are configured to be cooperatively actuated to tie said securement lines around the bales.
15. The baler of claim 14 wherein said trip mechanism of each knotter assembly is configured to measure a length of a formed bale and to initiate tying of said securement lines around each bale upon completion of bale formation.
8. The baler of claim 5, wherein each measuring assembly comprises an electronic measuring assembly for measuring the length of the bales formed in the bale-forming chamber with which said measuring assembly is associated, wherein said electronic measuring assembly includes a rotary encoder configured to provide bale length data to an electronic control unit.
Section of claim 1:
“wherein said first knotter assembly includes a first trip mechanism configured to initiate tying of said securement lines by said first knotter assembly around the bales formed in said first bale-forming chamber upon the bales being completely formed within said first bale-forming chamber, wherein said first trip mechanism comprises a first bale measuring assembly configured to determine sizes of bales formed within said first bale-forming chamber,
wherein said second knotter assembly includes a second trip mechanism configured to initiate tying by said second knotter assembly of said securement lines around the bales formed in said second bale-forming chamber upon the bales being completely formed within said second bale-forming chamber, wherein said second trip mechanism comprises a second bale measuring assembly configured to determine sizes of bales formed within said second bale-forming chamber”
16. The baler of claim 15, wherein said trip mechanism of each knotter assembly is configured to operate independently of each other.
Section of claim 1:
“wherein said first and second knotter assemblies are configured to operate independently of one another, such that bales formed in said first bale-forming chamber can be tied at different times than bales formed in said second bale-forming chamber”
18. A method of forming a plurality of bales of crop material with a high-capacity square baler, said method comprising the steps of:
(a) picking up crop material from a single windrow;
(b) providing the crop material to a first bale-forming chamber and to a second bale-forming chamber;
(c) forming bales of crop material within each of the first and second bale-forming chambers;
(d) tying securement lines around bales formed in the first bale-forming chamber using a first group of needles; and
(e) tying securement lines around bales formed in the second bale-forming chamber using a second group of needles,
wherein said tying of steps (d) and (e) are performed at different times,
wherein the first group of needles and the second group of needles are supported by a common needle frame, such that during said tying of steps (d) and (e), the first group of needles and the second group of needles acuate together.
16. A method of forming a plurality of bales of crop material with a high capacity square baler, said method comprising the steps of:
(a) picking up crop material from a single windrow;
(b) providing the crop material to one or more stuffer chutes, wherein the stuffer chutes are configured to pre-compress the crop material;
(c) transferring the crop material from the stuffer chutes to a first bale-forming chamber and a second bale-forming chamber, wherein said first and second bale-forming chambers are spaced apart from each other, wherein crop material is transferred through bottom portions of said first and second bale-forming chambers;
(d) forming bales of crop material within each of the first bale-forming chamber and the second bale-forming chamber;
(e) measuring bale sizes of the bales formed in the first bale-forming chamber via a first trip mechanism associated with the first bale-forming chamber;
(f) measuring bale sizes of the bales formed in the second bale-forming chamber via a second trip mechanism associated with the second bale-forming chamber;
(g) tying, via a first knotter assembly, at least two securement lines around the bales formed in the first bale-forming chamber;
(h) tying, via a second knotter assembly, at least two securement lines around the bales formed in the second bale-forming chamber,
wherein the first and second knotter assemblies are configured to operate independently of one another, such that said tying of steps (g) and (h) can be performed at different times.
19. The method of claim 18, wherein each bale-forming chamber is associated with a knotter assembly for performing said tying of steps (d) and (e), wherein said knotter assemblies are each operably coupled with the needle frame by an actuating arm.
Section of Claim 16:
“(g) tying, via a first knotter assembly, at least two securement lines around the bales formed in the first bale-forming chamber;
(h) tying, via a second knotter assembly, at least two securement lines around the bales formed in the second bale-forming chamber”
20. The method of claim 19, further comprising the step of measuring a length of each bale passing through each bale-forming chamber, wherein each knotter assembly includes a trip mechanism for measuring the length of the bales passing through the bale-forming chamber associated with the knotter assembly.
Section of Claim 16:
“(e) measuring bale sizes of the bales formed in the first bale-forming chamber via a first trip mechanism associated with the first bale-forming chamber;
(f) measuring bale sizes of the bales formed in the second bale-forming chamber via a second trip mechanism associated with the second bale-forming chamber;”
Re Claim 1, Claim 1 of the reference patent recites all limitations of claim 1 of the instant application except “a pickup mechanism configured to pick up a single windrow of crop material off the ground” and “a needle frame configured to support a first group of needles associated with the first bale-forming chamber and a second group of needles associated with the second bale-forming chamber, wherein said needle frame is configured to actuate said first group of needles and said second group of needles simultaneously”.
Verhaeghe teaches a pickup mechanism (duct 3) configured to pick up a single windrow of crop (Fig. 1) material off the ground (“The bale case 1 defines a bale chamber 2 wherein material M is pushed in through a curved duct 3” [0029]).
Claim 1 discloses a baler configured to pick up a single windrow of crop material off the ground, but fails to claim the specific structure that performs that function. Verhaeghe teaches a duct configured to pick up a single windrow of crop material off the ground and transport it to the bale chamber. 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 reference patent by including a duct in order to pick up a single windrow of crop material off the ground and transport it to the bale chamber
Verhaeghe further teaches a baler (Fig. 1) with a singular pick-up mechanism (duct 3), bale-forming chamber (bale chamber 2), and knotter assembly (knotter 4) further comprising a needle frame (see Fig. 1 of Verhaeghe, illustrated below) including a group of needles (“a tying mechanism with a set of needles 5” [0031]) associated with the bale-forming chamber (Fig. 1) that interacts with the knotter assembly to form a knot (“In FIG. 2B, a first knot 45 of bale B2 is in existence, and the bale B2 is approaching a length where the needle 5 is swinging into operation and presents the strands 43 and 44 to the knotter 4 to start an operation cycle in which two consecutive knots are being formed.” [0032]).
Claim 1 of the reference patent discloses a device that it capable of tying a securement line around a bale and shows a knotter assembly that, at least in part, performs that function, but does not disclose how the knotter assembly performs that function. Verhaeghe teaches that balers use tying mechanisms in order to maintain the shape of bales (“Rectangular bales are able to maintain their shape by means of a series of parallel extending twine loops, provided lengthwise around the bales by means of a tying mechanism. Balers typically use a tying mechanism including automatic knotters by which e.g. two knots are made on every loop for binding a bale.” [0003]). It would have been obvious to one of ordinary skill in the art to modify Claim 1 of the reference patent by adding the tying mechanism of Verhaeghe, including the needle frame and set of needles, to each bale-forming chamber of Claim 1 of the reference patent including by connecting the needle frame to the knotter assembly via an actuating arm such that the tying mechanism interacts with the knotter assembly of Claim 1 of the reference patent as taught by Verhaeghe in order to tie a securement line and maintain the shape of the bales as taught by Verhaeghe. One of ordinary skill in the art would have recognized a reasonable expectation of success. Examiner notes that after modification the needle frame would be configured to actuate the group of needles associated with one bale forming chamber and the group of needles associated with the other bale-forming chamber simultaneously (The two baling chambers work simultaneously in Claim 1 of the reference patent and nothing in the modification by Verhaeghe would alter that).
Examiner notes that instant application claims “wherein each bale-forming chamber is configured ... to form the crop material into bales” which is anticipated by reference patent claiming a “bale-forming chamber”
Re Claim 2, Examiner notes that (1) “said bale-forming chambers” in claim 1 of the reference patent refers to the first and second bale-forming chambers, which are explicitly listed in the instant application, (2) “to be fed” in that instant application is anticipated by “to receive” in the reference patent” and (3) “from below” in the instant application” is anticipated by “through bottom portions” in the reference patent.
Re Claims 5, Examiner notes that the further limitation of claims 5 has the same scope as the quoted section of claim 1 of the reference patent with the only difference being of syntax. The instant application uses the phrase “each of said knotter assemblies”, referring to the first and second knotter assemblies, and then limits that phrase. The reference patent says “said first knotter assembly”, limits that assembly in the same way as the instant application, and then includes the same limitation of “said second knotter assembly”. These claims have the same scope regardless of whether the limitation is of both assemblies in combination or two limitations, one for each assembly.
Furthermore “upon completion of bale formation” in the instant application and “upon the bales being completely formed” in the reference patent have the same scope and only differ in syntax.
Re Claim 6, Examiner notes each knotter assembly “is associated with” needles in the instant application which is anticipated by each knotter assembly comprising needles in the reference patent.
Re Claim 7, 9, 15, Examiner notes “said trip mechanism” of the instant application is anticipated by the measuring assembly of claim 8 of the reference patent which is defined in claim 1 of the reference patent to be a part of the trip mechanism of the reference patent (Reference Patent “wherein said second trip mechanism comprises a second bale measuring assembly” Claim 1).
Re Claim 8 and 16, Examiner notes that the claim 1 of the reference patent says the knotter assemblies “are configured to operate independently of one another” and the knotter assemblies each include a trip mechanism (Reference Patent, “said second knotter assembly includes a second trip mechanism”, Claim 1), therefore the trip mechanism of the reference patent is configured to operate independently and anticipates claim 8 of the instant application.
Re Claim 12, Claim 12 of the reference patent recites all limitations of claim 1 of the instant application except “a pickup mechanism configured to pick up a single windrow of crop material off the ground” and “a needle frame configured to support a first group of needles associated with the first bale-forming chamber and a second group of needles associated with the second bale-forming chamber, wherein said needle frame is configured to actuate said first group of needles and said second group of needles simultaneously”.
Verhaeghe teaches a pickup mechanism (duct 3) configured to pick up a single windrow of crop (Fig. 1) material off the ground (“The bale case 1 defines a bale chamber 2 wherein material M is pushed in through a curved duct 3” [0029]).
Claim 12 discloses a baler configured to pick up a single windrow of crop material off the ground, but fails to claim the specific structure that performs that function. Verhaeghe teaches a duct configured to pick up a single windrow of crop material off the ground and transport it to the bale chamber. 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 reference patent by including a duct in order to pick up a single windrow of crop material off the ground and transport it to the bale chamber
Verhaeghe further teaches a baler (Fig. 1) with a singular pick-up mechanism (duct 3), bale-forming chamber (bale chamber 2), and knotter assembly (knotter 4) further comprising a needle frame (see Fig. 1 of Verhaeghe, illustrated below) including a group of needles (“a tying mechanism with a set of needles 5” [0031]) associated with the bale-forming chamber (Fig. 1) that interacts with the knotter assembly to form a knot (“In FIG. 2B, a first knot 45 of bale B2 is in existence, and the bale B2 is approaching a length where the needle 5 is swinging into operation and presents the strands 43 and 44 to the knotter 4 to start an operation cycle in which two consecutive knots are being formed.” [0032]).
Claim 12 of the reference patent discloses a device that it capable of tying a securement line around a bale and shows a knotter assembly that, at least in part, performs that function, but does not disclose how the knotter assembly performs that function. Verhaeghe teaches that balers use tying mechanisms in order to maintain the shape of bales (“Rectangular bales are able to maintain their shape by means of a series of parallel extending twine loops, provided lengthwise around the bales by means of a tying mechanism. Balers typically use a tying mechanism including automatic knotters by which e.g. two knots are made on every loop for binding a bale.” [0003]). It would have been obvious to one of ordinary skill in the art to modify Claim 1 of the reference patent by adding the tying mechanism of Verhaeghe, including the needle frame and set of needles, to each bale-forming chamber of Claim 12 of the reference patent including by connecting the needle frame to the knotter assembly via an actuating arm such that the tying mechanism interacts with the knotter assembly of Claim 12 of the reference patent as taught by Verhaeghe in order to tie a securement line and maintain the shape of the bales as taught by Verhaeghe. One of ordinary skill in the art would have recognized a reasonable expectation of success. Examiner notes that after modification the needle frame would be configured to actuate the group of needles associated with one bale forming chamber and the group of needles associated with the other bale-forming chamber simultaneously (The two baling chambers work simultaneously in Claim 1 of the reference patent and nothing in the modification by Verhaeghe would alter that).
Examiner notes that (1) instant application claims “wherein each bale-forming chamber is configured ... to form the crop material into bales” which is anticipated by reference patent claiming a “bale-forming chamber”, (2) “a first stuffer chute and a second stuffer chute” in instant application is anticipated by “one or more stuffer chutes” in reference patent, (3) “a first stuffer assembly and a second stuffer assembly” in instant application is anticipated by “one or more stuffer assembly” in reference patent, (4) “a first knotter assembly associated with the first bale-forming chamber and a second knotter assembly associated with the second bale-forming chamber, wherein each knotter assembly is configured to tie securement lines around bales formed in the respective bale forming chamber” in instant application is anticipated by “a plurality of knotter assemblies, including a firstknotter assembly and a second knotter assembly, wherein said first knotter assembly is associated with said first bale-forming chamber and is configured to wrap and tie at least twos ecurement lines around bales formed in said first bale-forming chamber, wherein said second knotter assembly is associated with said second bale-forming chamber and is configured to wrap and tie at least two securement lines around bales formed in said second bale-forming chamber” of reference patent, and (5) “such that bales formed within the first bale-forming chamber and the second baleforming chamber can be tied at different times” of the instant application only differs from “that bales formed in said first bale-forming chamber can be tied at different times than bales formed in said second baleforming chamber” of the reference patent in matters of syntax.
Re Claims 14, Examiner notes each knotter assembly “is associated with” needles in the instant application which is anticipated by each knotter assembly comprising needles in the reference patent and the further differences are matters of syntax, not scope. The instant application uses the phrase “each of said knotter assemblies”, referring to the first and second knotter assemblies, and then limits that phrase. The reference patent says “said first knotter assembly”, limits that assembly in the same way as the instant application, and then includes the same limitation of “said second knotter assembly”. These claims have the same scope regardless of whether the limitation is of both assemblies in combination or two limitations, one for each assembly.
Furthermore “upon completion of bale formation” in the instant application and “upon the bales being completely formed” in the reference patent have the same scope and only differ in syntax.
Re Claim 18, Claim 18 of the reference patent recites all limitations of claim 16 of the instant application except “tying securement lines around bales formed in the first bale-forming chamber using a first group of needles”, “tying securement lines around bales formed in the second bale-forming chamber using a second group of needles” and “wherein the first group of needles and the second group of needles are supported by a common needle frame, such that during said tying of steps (d) and (e), the first group of needles and the second group of needles acuate together”.
Verhaeghe teaches a baler (Fig. 1) with a singular pick-up mechanism (duct 3), bale-forming chamber (bale chamber 2), and knotter assembly (knotter 4) further comprising a needle frame (see Fig. 1 of Verhaeghe, illustrated below) including a group of needles (“a tying mechanism with a set of needles 5” [0031]) associated with the bale-forming chamber (Fig. 1) that interacts with the knotter assembly to form a knot (“In FIG. 2B, a first knot 45 of bale B2 is in existence, and the bale B2 is approaching a length where the needle 5 is swinging into operation and presents the strands 43 and 44 to the knotter 4 to start an operation cycle in which two consecutive knots are being formed.” [0032]).
Claim 16 of the reference patent discloses a method of baling that is capable of tying a securement line around a bale and shows a knotter assembly that, at least in part, performs that function, but does not disclose how the knotter assembly performs that function. Verhaeghe teaches that balers use tying mechanisms in order to maintain the shape of bales (“Rectangular bales are able to maintain their shape by means of a series of parallel extending twine loops, provided lengthwise around the bales by means of a tying mechanism. Balers typically use a tying mechanism including automatic knotters by which e.g. two knots are made on every loop for binding a bale.” [0003]). It would have been obvious to one of ordinary skill in the art to modify Claim 1 of the reference patent by adding the tying mechanism of Verhaeghe, including the needle frame and set of needles, to each bale-forming chamber of Claim 16 of the reference patent including by connecting the needle frame to the knotter assembly via an actuating arm such that the tying mechanism interacts with the knotter assembly of Claim 16 of the reference patent as taught by Verhaeghe in order to tie a securement line and maintain the shape of the bales as taught by Verhaeghe. One of ordinary skill in the art would have recognized a reasonable expectation of success. Examiner notes that after modification the needle frame would be configured to actuate the group of needles associated with one bale forming chamber and the group of needles associated with the other bale-forming chamber simultaneously (The two baling chambers work simultaneously in Claim 1 of the reference patent and nothing in the modification by Verhaeghe would alter that and the broadest reasonable interpretation of “actuate together” includes “actuate simultaneously”).
Re Claim 19, the limitation “wherein each bale forming chamber is associated with a knotter assembly” is anticipated by claim 16’s disclosure that the bales formed in a bale-forming chamber are tied by a knotter assembly (Reference Patent, “tying, via a first knotter assembly, at least two securement lines around the bales formed in the first bale-forming chamber” Claim 16). The knotter assembly and bale-forming chamber are associated because they both work on the same bale.
Re Claim 20, Examiner notes that the limitation “the step of measuring a length of each bale passing through each bale-forming chamber, wherein each knotter assembly includes a trip mechanism for measuring the length of the bales passing through the bale-forming chamber associated with the knotter assembly” of the instant application is taught by the limitation “(e) measuring bale sizes of the bales formed in the first bale-forming chamber via a first trip mechanism associated with the first baleforming chamber; (f) measuring bale sizes of the bales formed in the second bale-forming chamber via a second trip mechanism associated with the second baleforming chamber” of the reference patent and only differ in syntax.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kraus et al. (US 8,113,110) discloses a baler with three stuffer chutes and three bale-forming chambers
Grady (US2022/0248608) discloses a baler with a cutting mechanism that cuts large bales into smaller bales.
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/W.D.D./Patent Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
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