DETAILED ACTION
This non-final Office action is in response to Applicant’s patent application filed on 8/5/2024. An action on the merits follows.
Claims 1-20 are pending in the application.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 5-14 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by USPGP# 20160353665 of Hummel et al. (henceforth Hummel).
Regarding claim 1, Hummel teaches
A baler implement (10) comprising:
a baling system (34) defining a baling chamber (36) operable to receive crop material therein and form the crop material into a bale (¶0034);
a wrap system (60) including a spool roller (76) positioned to direct a wrap material (66) from a supply roll (64) of the wrap material into the baling chamber;
wherein the spool roller includes an exterior surface (external surface of 76) for engaging the wrap material (¶0039);
wherein the exterior surface of the spool roller defines a cylindrical shape (see fig. 6) rotatable about an axis of rotation (A, fig. 7);
wherein the spool roller includes an annular groove (126) disposed about the axis of rotation of the spool roller and recessed below the exterior surface of the spool roller relative to the axis of rotation (fig. 8);
a material guide (112) having a first portion (portion of 116 that is inside the groove 126 as shown in annotated fig. 8) and a guide portion (114);
wherein the first portion of the material guide is disposed within the annular groove of the spool roller for positioning the material guide relative to the axis of rotation of the spool roller (fig. 6 and fig. 8); and
wherein the guide portion of the material guide is attached to the first portion and extends radially away from the axis of rotation of the spool roller to a distal end (fig. 6 and fig. 8) thereof spaced radially away from the exterior surface of the spool roller relative to the axis of rotation of the spool roller for guiding the wrap material away from the spool roller and into the baling chamber (¶0043-0044 fig. 6 and fug. 8).
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Regarding claim 5, as shown in claim 1, Hummel teaches
a stationary member (96) fixed in position relative to the axis of rotation of the spool roller, and wherein the guide portion of the material guide is coupled to the stationary member to limit rotation of the material guide (¶0046).
Regarding claim 6, as shown in claim 5, Hummel teaches
wherein the stationary member defines an aperture (hole for 120, ¶0046), with the distal end of the guide portion of the material guide extending through the aperture (fig. 8).
Regarding claim 7, as shown in claim 5, Hummel teaches
a fastener (120) connecting the guide portion of the material guide to the stationary member (¶0046).
Regarding claim 8, as shown in claim 1, Hummel teaches
wherein the spool roller extends a length along the axis of rotation of the spool roller (fig. 6), wherein the annular groove includes a plurality of annular grooves (126 in fig. 6) spaced apart from each other along the axis of rotation of the spool roller, and wherein the material guide includes a plurality of material guides (116 in fig. ), with each one of the plurality of material guides disposed within a respective one of the plurality of annular grooves (see fig. 6).
Regarding claim 9, as shown in claim 1, Hummel teaches
wherein the guide portion of the material guide extends tangentially relative to the exterior surface of the spool roller (fig. 8).
Regarding claim 10, as shown in claim 1, Hummel teaches
wherein the first portion of the material guide includes a spring steel (¶0045).
Regarding claim 11, as shown in claim 10, Hummel teaches
wherein the guide portion of the material guide includes a spring steel (¶0045).
Regarding claim 12, as shown in claim 11, Hummel teaches
wherein the guide portion of the material guide is a linear projection (114, fig. 8) and extends tangentially relative to the exterior surface of the spool roller (see fig. 8).
Regarding claim 13, as shown in claim 10, Hummel teaches
wherein the guide portion of the material guide defines a shape defining a desired delivery path of the wrap material between the spool roller and the baling chamber (figs. 6-8).
Regarding claim 14, as shown in claim 1, Hummel teaches
wherein the spool roller is freely rotatable relative to the first portion of the material guide (¶0037).
Claim Rejections - 35 USC § 102/103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 3 is rejected under 35 U.S.C. 102 (a)(1) and (a)(2)as anticipated by Hummel or, in the alternative, under 35 U.S.C. 103 as obvious over Hummel.
Regarding claim 3, as shown in claim 1, Hummel teaches
wherein the first portion of the material guide is completely disposed radially inward of the exterior surface of the spool roller relative to the axis of rotation of the spool roller (see annotated fig. 8).
Should the applicant contend that Hummel does not teach the first portion of the material guide is completely disposed radially inward of the exterior surface of the first spool roller relative to the axis of rotation of the first spool roller.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the first portion of the material guide is completely disposed radially inward of the exterior surface of the first spool roller relative to the axis of rotation of the first spool roller, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges, in order to ensure the wrap material is guided properly without interfering with cooperating elements, involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim Rejections - 35 USC § 103
Claims 2 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hummel in view of USPGP# 20230081287 of Kappelman et al. (henceforth Kappelman).
Regarding claim 2, as shown in claim 1, Hummel does not teach
wherein the spool roller includes an elastomer material defining the exterior surface.
Kappelman teaches
a similar baler implement (20) comprising
a baling system (30) defining a baling chamber (32) operable to receive crop material therein and form the crop material into a bale (¶0031);
a wrap system (50) including a spool roller (58) positioned to direct a wrap material (52) from a supply roll (68) of the wrap material into the baling chamber;
wherein the spool roller includes an exterior surface (70) for engaging the wrap material (¶0037);
wherein the exterior surface of the spool roller defines a cylindrical shape (¶0037) rotatable about an axis of rotation (62); and
wherein the spool roller (58) that includes an elastomer material (¶0040) defining the exterior surface.
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 spool roller such that the exterior surface is made from elastomer material, as taught by Kappelman, in order to provide the predictable result of allowing easy coupling of the wrapping material to the spool roller thus allowing precise control over feeding of the wrap material into the baling chamber (Kappelman: ¶0010).
Regarding claim 15, Hummel teaches
A baler implement (10) comprising:
a baling system (34) defining a baling chamber (36) having an inlet (44, ¶0025) into the baling chamber, wherein the baling system is operable to receive crop material into the baling chamber through the inlet and form the crop material into a bale within the baling chamber (¶0025);
a wrap system (60) operable to insert a wrap material (66) into the baling chamber to wrap the bale, the wrap system including:
a first spool roller (76) and a corresponding belt (80) arranged in parallel and positioned to form a nip therebetween (nip between 76 and 80 as shown in fig. 4), wherein the first spool roller and the corresponding belt are configured to receive the wrap material from a supply roll (64) of the wrap material through an entrance side of the nip (right side of nip in fig. 4) and discharge the wrap material into the baling chamber through an outlet side of the nip (left side of nip in fig. 4);
wherein the first spool roller includes an exterior surface (exterior surface of 76) for engaging the wrap material (¶0039);
wherein the exterior surface of the first spool roller defines a cylindrical shape (see fig. 6) rotatable about a respective axis of rotation (A) of the first spool roller;
wherein the first spool roller includes an annular groove (126) disposed about the axis of rotation of the first spool roller and recessed below the exterior surface of the first spool roller relative to the axis of rotation of the first spool roller (fig. 6 and fig. 8);
a material guide (112) having a first portion (portion of 116 that is inside the groove 126 as shown in fig. 8) and a guide portion (114);
wherein the first portion of the material guide is disposed within the annular groove of the first spool roller for positioning the material guide relative to the axis of rotation of the first spool roller (fig. 6 and fig. 8); and
wherein the guide portion of the material guide is attached to the first portion and extends radially away from the axis of rotation of the first spool roller to a distal end of the guide portion (fig. 6 and fig. 8), with the distal end of the guide portion spaced radially away from the exterior surface of the first spool roller relative to the axis of rotation of the first spool roller for guiding the wrap material away from the first spool roller and into the baling chamber (¶0043-0044 fig. 6.
Hummel uses a first spool roller (76) and a belt (80) for guiding the wrap material into the baling chamber and therefore does not teach
a second spool roller arranged in parallel and positioned to form a nip therebetween, wherein the first spool roller and the second spool roller are configured to receive the wrap material from a supply roll of the wrap material through an entrance side of the nip and discharge the wrap material into the baling chamber through an outlet side of the nip; and wherein the first spool roller includes an elastomer forming an exterior surface for engaging the wrap material.
Kappelman teaches
A baler implement (20) comprising:
a baling system (30) defining a baling chamber (32) having an inlet (46) into the baling chamber, wherein the baling system is operable to receive crop material into the baling chamber through the inlet and form the crop material into a bale within the baling chamber (¶0031);
a wrap system (50) operable to insert a wrap material (52) into the baling chamber to wrap the bale, the wrap system including:
a first spool roller (58) a second spool roller (60) arranged in parallel and positioned to form a nip (66) therebetween, wherein the first spool roller and the second spool roller are configured to receive the wrap material from a supply roll (68) of the wrap material through an entrance side of the nip (bottom side in fig. 2) and discharge the wrap material into the baling chamber through an outlet side of the nip (top side of nip in fig. 2, ¶0036)
wherein the first spool roller includes an exterior surface (70) for engaging the wrap material (¶0037);
wherein the exterior surface of the first spool roller defines a cylindrical shape (¶0037) rotatable about a respective axis of rotation (62) of the first spool roller;
and wherein the first spool roller includes an elastomer (¶0037, 0040) forming an exterior surface for engaging the wrap material (¶0040).
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 feeding system of Hummel from a spool roller and belt system to two spool roller system and make the first spool roller such that the exterior surface is made from elastomer material, as taught by Kappelman, in order to provide the predictable result of allowing easy coupling of the wrapping material to the first spool roller and allowing for precise control over feeding of the wrap material into the baling chamber (Kappelman: ¶0010). This makes the baler implement easier to use.
Regarding claim 16, as shown in claim 15, the combination of Hummel and Kappelman teaches
wherein the first portion of the material guide is completely disposed radially inward of the exterior surface of the first spool roller relative to the axis of rotation of the first spool roller (Hummel: see annotated fig. 8).
Should the applicant contend that Hummel does not teach the first portion of the material guide is completely disposed radially inward of the exterior surface of the first spool roller relative to the axis of rotation of the first spool roller.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the first portion of the material guide is completely disposed radially inward of the exterior surface of the first spool roller relative to the axis of rotation of the first spool roller, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges, in order to ensure the wrap material is guided properly without interfering with cooperating components, involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 17, as shown in claim 15, the combination of Hummel and Kappelman does not teach
wherein the first portion of the material guide extends more than one hundred eighty degrees (180°) around the axis of rotation of the first spool roller.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the first portion of the material guide extends more than one hundred eighty degrees (180°) around the axis of rotation of the spool roller, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges, in order to ensure proper guiding of the wrap material, involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 18, as shown in claim 15, Hummel teaches
A baler implement (10) comprising:
a baling system (34) defining a baling chamber (36) having an inlet (44, ¶0025) into the baling chamber, wherein the baling system is operable to receive crop material into the baling chamber through the inlet and form the crop material into a bale within the baling chamber (¶0025);
a wrap system (60) operable to insert a wrap material (66) into the baling chamber to wrap the bale, the wrap system including:
a first spool roller (76) and a corresponding belt (80) arranged in parallel and positioned to form a nip therebetween (nip between 76 and 80 as shown in fig. 4), wherein the first spool roller and the corresponding belt are configured to receive the wrap material from a supply roll (64) of the wrap material through an entrance side of the nip (right side of nip in fig. 4) and discharge the wrap material into the baling chamber through an outlet side of the nip (left side of nip in fig. 4);
wherein the first spool roller includes an exterior surface (exterior surface of 76) for engaging the wrap material (¶0039);
wherein the exterior surface of the first spool roller defines a cylindrical shape (see fig. 6) rotatable about a respective axis of rotation (A) of the first spool roller;
wherein the first spool roller includes an annular groove (126) disposed about the axis of rotation of the first spool roller and recessed below the exterior surface of the first spool roller relative to the axis of rotation of the first spool roller (fig. 6 and fig. 8);
a material guide (112) having a first portion (portion of 116 that is inside the groove 126 as shown in fig. 8) and a guide portion (114, 120);
wherein the first portion of the material guide is disposed within the annular groove of the first spool roller for positioning the material guide relative to the axis of rotation of the first spool roller (fig. 6 and fig. 8); and
wherein the guide portion of the material guide is attached to the first portion and extends radially away from the axis of rotation of the first spool roller to a distal end of the guide portion (fig. 6 and fig. 8), with the distal end of the guide portion spaced radially away from the exterior surface of the first spool roller relative to the axis of rotation of the first spool roller for guiding the wrap material away from the first spool roller and into the baling chamber (¶0043-0044 fig. 6.
a stationary member (96) fixed in position relative to the axis of rotation of the first spool roller, and wherein the stationary member defines an aperture (hole for 120, ¶0046), with the distal end of the guide portion of the material guide extending through the aperture (120 which is interpreted to be part of the guide portion extends through the aperture in part 100 of 96 as shown in fig. 8 and described in ¶0046).
Hummel uses a first spool roller (76) and a belt (80) for guiding the wrap material into the baling chamber and therefore does not teach
a second spool roller arranged in parallel and positioned to form a nip between the first and second spool roller, wherein the first spool roller and the second spool roller are configured to receive the wrap material from a supply roll of the wrap material through an entrance side of the nip and discharge the wrap material into the baling chamber through an outlet side of the nip; and wherein the first spool roller includes an elastomer forming an exterior surface for engaging the wrap material.
Kappelman teaches
A baler implement (20) comprising:
a baling system (30) defining a baling chamber (32) having an inlet (46) into the baling chamber, wherein the baling system is operable to receive crop material into the baling chamber through the inlet and form the crop material into a bale within the baling chamber (¶0031);
a wrap system (50) operable to insert a wrap material (52) into the baling chamber to wrap the bale, the wrap system including:
a first spool roller (58) a second spool roller (60) arranged in parallel and positioned to form a nip (66) therebetween, wherein the first spool roller and the second spool roller are configured to receive the wrap material from a supply roll (68) of the wrap material through an entrance side of the nip (bottom side in fig. 2) and discharge the wrap material into the baling chamber through an outlet side of the nip (top side of nip in fig. 2, ¶0036)
wherein the first spool roller includes an exterior surface (70) for engaging the wrap material (¶0037);
wherein the exterior surface of the first spool roller defines a cylindrical shape (¶0037) rotatable about a respective axis of rotation (62) of the first spool roller;
and wherein the first spool roller includes an elastomer (¶0037, 0040) forming an exterior surface for engaging the wrap material (¶0040).
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 feeding system of Hummel from a spool roller and belt system to two spool roller system and make the first spool roller such that the exterior surface is made from elastomer material, as taught by Kappelman, in order to provide the predictable result of allowing easy coupling of the wrapping material to the first spool roller and allowing for precise control over feeding of the wrap material into the baling chamber (Kappelman: ¶0010). This makes the baler implement easier to use.
Regarding claim 19, as shown in claim 15, the combination of Hummel and Kappelman teaches
a stationary member (Hummel: 96) fixed in position relative to the axis of rotation of the first spool roller, and a fastener (Hummel:120) connecting the guide portion of the material guide to the stationary member (¶0046).
Regarding claim 20, Hummel teaches
A spool roller (76, 112) for a wrap system (60) of a baler implement (10), the spool roller comprising:
a core structure (76) defining an axis of rotation (A, fig. 7) for rotation thereabout;
the core structure and defining an exterior surface (external surface of 76) having a cylindrical shape (see fig. 6);
an annular groove (126) disposed about the axis of rotation and recessed below the exterior surface relative to the axis of rotation (fig. 8);
a material guide (112) having a first portion (portion of 116 that is inside the groove 126 as shown in annotated fig. 8) and a guide portion (114);
wherein the first portion of the material guide is disposed within the annular groove for positioning the material guide relative to the axis of rotation (fig. 6 and fig. 8); and
wherein the guide portion of the material guide is attached to the first portion and extends radially away from the axis of rotation to a distal end, with the distal end of the guide portion spaced radially away from the exterior surface relative to the axis of rotation for guiding a wrap material (66) away from the exterior surface ((¶0043-0044 fig. 6 and fig. 8).
Hummel does not teach
an elastomer disposed on an outer circumference of the core structure.
Kappelman teaches
A spool roller (58) for a wrap system (50) of a baler implement (20), the spool roller comprising:
a core structure (58) defining an axis of rotation (62) for rotation thereabout;
an elastomer (¶0037) disposed on an outer circumference of the core structure and defining an exterior surface (70) having a cylindrical shape (¶0037).
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 spool roller such that the exterior surface is made from elastomer material, as taught by Kappelman, in order to provide the predictable result of allowing easy coupling of the wrapping material to the spool roller thus allowing precise control over feeding of the wrap material into the baling chamber (Kappelman: ¶0010).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hummel.
Regarding claim 4, as shown in claim 1, Hummel does not teach
wherein the first portion of the material guide extends more than one hundred eighty degrees (180°) around the axis of rotation of the spool roller.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the first portion of the material guide extends more than one hundred eighty degrees (180°) around the axis of rotation of the spool roller, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges, in order to ensure proper guiding of the wrap material, involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M. A./
Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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