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 Status
Pending claims 1-18 are addressed below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 6-11, 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US20200275645) in view of Weiss (US6321851).
Regarding claims 1 and 15, Smith discloses a sprayer vehicle (fig. 1) and method (functional features configuration included with the vehicle of fig. 1), comprising:
a mobile frame (104, 12; figs. 4, 5);
a tank (26) carried by the mobile frame and configured to store a spray material (par. 27, “an agricultural substance, such as a pesticide, a fungicide, a rodenticide, a fertilizer, a nutrient…”);
a boom (28, 30) spaced from the frame (12, 104; par. 35); and
a boom-positioning mechanism (see all elements cited below) configured to support the boom on the frame for selective movement between a raised boom position and a lowered boom position (selective movement between raised and lowered positions via one or more lift actuators 108; par. 37),
the boom-positioning mechanism comprising:
a positioning actuator (108), and
a telescoping parallel linkage (110, 106) comprising a top pivot link (106) and a bottom pivot link (110), the telescoping parallel linkage configured to maintain a
wherein
wherein the top pivot link (106) is pivotally connected to each of an upper boom-side pivot (112A; figs. 4-5) and an upper frame-side pivot (112B; figs. 4-5);
wherein the bottom pivot link (110) is pivotally connected to each of a lower boom-side pivot (left end of 110; figs. 4-5) and a lower frame-side pivot (right end of 110; figs. 4-5); and
wherein the positioning actuator (108) is pivotally connected to the boom (via left end portion of 106) and the frame (at right end of 108; see figs. 4-5, par. 37: “the lift actuator 108 is pivotably coupled between a support arm 106 and the mount 104”).
Smith does not teach the telescoping parallel linkage configured to maintain a constant lateral spacing between the boom and the frame in the raised boom position and the lowered boom position; and that the top pivot link 106 is also selectively extendable between a retracted position and an extended position.
Nonetheless, Weiss discloses a hitch (fig. 2) or linkage comparable to an implement coupling mechanism of an agricultural implement to an agricultural vehicle, as known in the art (col. 1, In 7-9), where linkage arms 18, 20, 22, 24, 26, 28 are all telescoping hydraulic cylinder arms (fig. 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Smith to incorporate the teachings of Weiss to substitute linkage/support arms 106 in Smith with telescoping hydraulic cylinders with adjustable length such that lateral spacing between the boom and frame can remain constant. The substitution of one known element (rigid linkage 106) as taught by Smith with another (telescoping hydraulic cylinders) as taught by Weiss would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the substitution of linkage structure would have yielded predictable results, namely, providing the link arms to support the boom or agricultural implement. Additionally, doing so would provide stability improvement to the system during transport or operations as suggested in Weiss in column 3, lines 20-27.
As modified above, the assembly shown in figs. 4-5 of Smith as modified in view of Weiss would result in the linkage/support arms 106 to be telescoping hydraulic cylinders, which consequently would allow for different lateral distances, including a constant lateral distance between frame 12/104 and boom 28, 30 of Smith even at different raised or lowered boom positions. Column 3, lines 20-27 of Weiss describes the benefit of stability by shifting center of gravity of the entire system during transport and operation on slope.
Regarding claim 2, Smith, as modified above, discloses the sprayer vehicle of claim 1, Smith further teaches a motor (engine and transmission; par. 26) supported on the mobile frame (12) and configured to propel the mobile frame; and
a cab (24) supported on the mobile frame and configured to support a driver (operator).
Regarding claim 3, Smith, as modified above, discloses the sprayer vehicle of claim 1, Smith further teaches the telescoping parallel linkage comprises a first vertical link (104) secured to the mobile frame and a second vertical link (item 30; figs. 4-5) secured to the boom.
Regarding claim 4, Smith, as modified above, discloses the sprayer vehicle of claim 1, wherein Smith further teaches the positioning actuator (108) is configured to raise and lower the boom (par. 37), and wherein top pivot link (106, as modified to be retractable in view of Weiss) and the bottom pivot link (110) are in the retracted position when the boom is in the raised boom position (106, as modified to be retractable in view of Weiss and 110 are telescoping linkages and can be in retracted while in raised boom position).
Regarding claim 6, Smith, as modified above, discloses the sprayer vehicle of claim 1. Smith further discloses a controller (170; par. 51) configured to selectively manipulate the positioning actuator (110) and the telescoping parallel linkage (106 as modified in view of Weiss and 110;), wherein the controller is configured to shorten (Smith - par. 51; Weiss – col. 3, ln 29-41) the telescoping parallel linkage upon elongating the positioning actuator to maintain the constant spacing between the boom and the frame between the raised boom position and the lowered boom position.
Regarding claim 7, Smith, as modified above, discloses the sprayer vehicle of claim 6, wherein Smith discloses the controller (170) is configured to receive user input indicative of a target height of the boom (par. 52).
Regarding claim 8, Smith, as modified above, discloses the sprayer vehicle of claim 6, wherein Smith discloses a height sensor (68) configured to measure a height of the boom, the controller communicatively coupled with the height sensor (par. 53).
Regarding claim 9, Smith, as modified above, discloses the sprayer vehicle of claim 6, wherein Smith discloses the positioning actuator and the telescoping parallel linkage each comprise hydraulic cylinders (par. 37: “hydraulic or pneumatic cylinder(s)”), the controller is configured to operate a first hydraulic valve (180; fig. 7) associated with the positioning actuator, and the controller is configured to operate a second hydraulic valve (184 for linkage 110 and respective valve for the linkage 106, as modified in view of Weiss) associated with the telescoping parallel linkage (Par. 50: “the controller 170 may be configured to transmit control signals to the control valves 176, 180, 184 instructing the control valve(s) 176, 180, 184 to control the supply of working fluid to the respective actuator(s) 52, 54, 56, 108, 110 to adjust the position of one or one or more sections 30, 32, 34, 36, 38, 40, 42 of the boom assembly 28.”).
Regarding claims 10-11, Smith, as modified above, discloses the sprayer vehicle of claim 9. Smith does not teach the hydraulic cylinder of the positioning actuator comprises a double-acting cylinder, the hydraulic cylinder of the telescoping parallel linkage comprises a set of double-acting hydraulic cylinders, and each hydraulic cylinder of the set of double-acting hydraulic cylinders of the telescoping parallel linkage corresponds with one of the top pivot link and the bottom pivot link (claim 10); wherein the set of double-acting hydraulic cylinders comprises four double-acting hydraulic cylinders (claim 11).
Weiss discloses the linkage are double-acting hydraulic cylinders so large forces can be applied by simple means, for example, for the lifting of the implement (col. 4, ln 1-4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Smith to incorporate the teachings of Weiss to provide the hydraulic cylinder of the positioning actuator comprises a double-acting cylinder, the hydraulic cylinder of the telescoping parallel linkage comprises a set of double-acting hydraulic cylinders, and each hydraulic cylinder of the set of double-acting hydraulic cylinders of the telescoping parallel linkage corresponds with one of the top pivot link and the bottom pivot link (claim 10); wherein the set of double-acting hydraulic cylinders comprises four double-acting hydraulic cylinders (claim 11). Doing so would provide for large forces that can be applied by simple means, for example, for the lifting of the implement (col. 4, ln 1-4).
Regarding claim 13, Smith, as modified above, discloses the sprayer vehicle of claim 6, wherein Smith discloses the controller (170) is configured to retract the top pivot link (106, as modified in view of Weiss) and the bottom pivot link (110) while elongating the positioning actuator to provide the constant spacing between the boom and the frame as the boom is raised (as Smith’s linkages, as modified in view of Weiss, are each hydraulic cylinders that can be extended or retracted, different retraction/extension of the different cylinders are within the scope of the configuration).
Regarding claim 14, Smith, as modified above, discloses the sprayer vehicle of claim 1, Smith further discloses a second telescoping parallel linkage and a second positioning actuator (par. 35: “the linkage assembly 102 includes one or more support arms 106, one or more lift actuators 108, and one or more tilt actuators 110”).
Regarding claim 16, Smith, as modified above, discloses the method of claim 15. Smith discloses maintaining an orientation of a vertical link (30) carrying the boom parallel to a vertical link (104) carried by the mobile frame while moving the boom (fig. 4, par. 40).
Regarding claim 17, Smith, as modified above, discloses the method of claim 15. Smith discloses receiving an indication of a boom height (via sensor(s) 68; par. 32), and moving the boom responsive to the indication of the boom height (par. 52).
Regarding claim 18, Smith, as modified above, discloses the method of claim 15, wherein adjusting the length of the positioning actuator comprises adjusting a length of each of a pair of parallel positioning actuators (par. 37).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US20200275645) in view of Weiss (US6321851), further in view of Bernhardt (US 20030217852).
Regarding claim 5, Smith, as modified above, discloses the sprayer vehicle of claim 1. Smith further discloses a second telescoping parallel linkage (par. 35: “the linkage assembly 102 includes one or more support arms 106… one or more tilt actuators 110”), but fails to teach the positioning actuator is between the telescoping parallel linkage and the second telescoping parallel linkage.
Bernhardt discloses a comparable hitch/linkage assembly (fig. 1) having a linkage 18, 34 and a second linkage 20, 36, wherein the positioning actuator 24 is between the linkage 18, 34 and second linkage 20, 36 shown in fig. 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the positioning actuator between the telescoping parallel linkage and the second telescoping parallel linkage, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US20200275645) in view of Weiss (US6321851), further in view of Ito (US20140197297).
Regarding claim 12, Smith, as modified above, discloses the sprayer vehicle of claim 9. Smith does not teach the controller is configured to operate the first hydraulic valve inversely proportional to the second hydraulic valve to maintain the constant spacing.
However, Ito does teach the actuator/cylinders 30 and 40 can operate in the same direction or opposite directions (i.e. inversely proportional) to achieve the desired movement (par. 64) based on positions of the hydraulic valves 77 and 87 (par. 39-41).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Smith to incorporate the teachings of Ito and Weiss to provide the controller is configured to operate the first hydraulic valve inversely proportional to the second hydraulic valve to maintain the constant lateral spacing. Doing so would yield the predictable result of facilitating optimal boom position for system stability and consistent spray performance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUONGMINH NGUYEN PHAM whose telephone number is (571)270-0158. The examiner can normally be reached 9AM - 5PM M-F.
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/TUONGMINH N PHAM/ Primary Examiner, Art Unit 3752