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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-3 and 9, in the reply filed on 6/11/2026 is acknowledged.
Claims 4-8 and 10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Information Disclosure Statement
The listing of references in the specification (page 5, lines 21-22) is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 7. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
reference numeral 7, shown in the figures, is not described
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 2 recites “the conical section on the initial portion of the intermediate and final concave portions allowing for regulation of all concave portions in sections, over the threshing rotor or cylinder.” It is not clear how the conical sections 1 allow for regulation of all concave portions over the threshing rotor. From figures 2-5, it appears that conical sections 1 are attached to intermediate concave portion I and final concave portion F. Actuators 2 are shown along the length of the threshing rotor, presumably one for each concave section. It is not clear how 1 is responsible for allowing all concave sections to be regulated or moved together if actuators 2 are moving the threshing sections together.
Claim 3 recites “the conical section on the initial portion of the intermediate and final concave portions avoiding a formation of steps inside the concave portions, in a flow direction of a harvested material.” From fig. 2-5, it appears that conical portions 1 are positioned between concave sections. It is not clear how, if a concave section is adjusted relative to the threshing rotor by its actuator 2, conical section 1 would not move with the concave section and create a step between it and the adjacent concave section.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Cui (CN 110149917 A).
Regarding claim 1, Cui discloses an axial flow regulation system for grain harvesting machines, comprising: a conical section on an initial portion of an intermediate and final concave portions, wherein a distance between each concave portion and a threshing rotor or cylinder (1) is regulated by an actuator (9), fixed outside the concave portions, and hinged to shafts attached to tube segments located on an outside, lengthwise to the concave portions.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide Cui with multiple actuators, and additional concave portions, since it has been held that mere duplication of the essential working parts of a device involves only routine skilled the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
PNG
media_image1.png
374
872
media_image1.png
Greyscale
PNG
media_image2.png
524
772
media_image2.png
Greyscale
Regarding claim 2, Cui discloses the system of claim 1, wherein the conical section on the initial portion of the intermediate and final concave portions allowing for regulation of all concave portions in sections, over the threshing rotor or cylinder (see fig. 1, concave 10 as a whole is connected by conical portions connecting the intermediate, final, and additional concave subsections).
Regarding claim 3, Cui discloses the system of claim 1, wherein the conical section on the initial portion of the intermediate and final concave portions avoiding a formation of steps inside the concave portions, in a flow direction of a harvested material (see fig. 1, concave 10 is moved as one piece via the actuator).
Regarding claim 9, Cui discloses the system of Claim 1wherein the actuators are selected from the group consisting of: electric actuators, hydraulic actuators (9), and pneumatic actuators.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20160316631 A1 discloses multiple adjustable concave sections.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELINE RUNCO whose telephone number is (469)295-9123. The examiner can normally be reached 8-4:30 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached at 5712728971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MADELINE I RUNCO/ Examiner, Art Unit 3671
Prosecution Insights