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 .
Introduction
Claims 1-8 are currently pending in this application and are subject to examination herein.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Great Britain on 09/11/2023. It is noted, however, that applicant has not filed a certified copy of the GB2313817.5 application as required by 37 CFR 1.55.1
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/17/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 7-8 are objected to because of the following informalities: claims 7 and 8 each recite language “any one of” as used in multiple dependent claims. However, neither claims 7 or 8 are multiple dependent claims. The Examiner suggests that Applicant may wish to amend each of claims 7 and 8 to recite “chaff spreader of claim 1” therein. Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2014/0364179 to Brinkmann et al. (hereinafter Brinkmann) (cited by Applicant in IDS filed on 09/17/20224) in view of U.S. Pat. Pub. No. 2021/0190146 to Saluja.
Regarding claim 1, Brinkmann discloses a chaff spreader (first discharge mechanism 17) (Abstract; Figs. 1, 3-5; Paras. [0027]-[0030], [0032]-[0033], [0035]-[0037], [0040]-[0041]) for a combine harvester (self-propelled agricultural harvesting machine 1) (Abstract; Figs. 1; Para. [0026]), comprising:
a frame (frame element 33) (Fig. 3; Para. [0034]; see also Annotated Fig. 5 of Brinkmann infra);
a first fan module (see Annotated Fig. 5 of Brinkmann infra) mounted on the frame (frame element 33) (Fig. 3; Para. [0034]; see also Annotated Fig. 5 of Brinkmann infra) for receiving chaff from a grain cleaning system (cleaning mechanism 11) (Fig. 1; Para. [0026]) of the combine harvester (self-propelled agricultural harvesting machine 1) (Abstract; Figs. 1; Para. [0026]), and distributing the chaff to a first direction (see Annotated Fig. 5 of Brinkmann infra), wherein the first fan module (see Annotated Fig. 5 of Brinkmann infra) comprises a first external housing (housing 29) (Figs. 3, 5; Paras. [0032]-[0034]) and a first internal spinner (see Annotated Fig. 5 of Brinkmann infra);
a second fan module (see Annotated Fig. 5 of Brinkmann infra) mounted on the frame (frame element 33) (Fig. 3; Para. [0034]; see also Annotated Fig. 5 of Brinkmann infra) for receiving chaff from the grain cleaning system (cleaning mechanism 11) (Fig. 1; Para. [0026]) of the combine harvester (self-propelled agricultural harvesting machine 1) (Abstract; Figs. 1; Para. [0026]), and distributing the chaff to a second, opposite, direction (see Annotated Fig. 5 of Brinkmann infra), wherein the second fan module (see Annotated Fig. 5 of Brinkmann infra) comprises a second external housing (housing 29) (Figs. 3, 5; Paras. [0032]-[0034]) and a second internal spinner (see Annotated Fig. 5 of Brinkmann infra); and
an actuator (hydraulic cylinder(s) 31) (Figs. 2-6; Paras. [0033]-[0035], [0038]-[0041]) for adjusting an angle at which chaff is ejected from the first (see Annotated Fig. 5 of Brinkmann infra) and second fan modules (see Annotated Fig. 5 of Brinkmann infra) by rotating the first (housing 29) (Figs. 3, 5; Paras. [0032]-[0034]) and second external housings (housing 29) (Figs. 3, 5; Paras. [0032]-[0034]).
However, Brinkmann does not expressly disclose that the first and second fan modules each comprise a rotary bearing supporting the external housing. Nevertheless, Saluja discloses a dustproof bearing (Abstract; Figs. 1-3; Paras. [0002]-[0003], [0017]). Furthermore, Saluja teaches that sealed bearings are known in the art for supporting a load during rotation and provide lower friction and reduced wear as well as reducing contamination due to common debris in typical environments, such as outdoors (Para. [0002]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the chaff spreader disclosed in Brinkmann with the sealed rotary bearing taught in Saluja with a reasonable expectation of success in order to allow the chaff spreader housings to rotate with reduced friction and reduced wear and to reduce contamination with common debris (e.g., chaff, dust) in an outdoor environment, as taught in Saluja (Paras. [0002]-[0003).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Spinners)][AltContent: textbox (First Fan Module)][AltContent: textbox (Second Fan Module)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second
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Annotated Fig. 5 of Brinkmann.
Regarding claim 2, Brinkmann in view of Saluja teaches the chaff spreader of claim 1 (see above). Furthermore, Saluja teaches that the bearing comprises a sealed bearing (Paras. [0002]-[0003], [0017]).
Regarding claim 3, Brinkmann in view of Saluja teaches the chaff spreader of claim 1 (see above). Furthermore, Brinkmann discloses that the first and second fan modules (see Annotated Fig. 5 of Brinkmann supra) each comprise a drive shaft for the spinner (see Annotated Fig. 5 of Brinkmann supra) which extends through the external housing (it is apparent from the disclosure of Brinkmann that the spinners (see Annotated Fig. 5 of Brinkmann supra) being driven by hydraulic drive 34 via a shaft that extends through the external housing (see Annotated Fig. 5 of Brinkmann supra)). However, it is not expressly disclosed that each bearing is mounted concentrically around the respective drive shaft. Nevertheless, it would have been obvious to one having ordinary skill in the art to combine the chaff spreader disclosed in Brinkmann with the sealed rotary bearing taught in Saluja by placing the rotary bearing taught in Saluja around the drive shaft with a reasonable expectation of success in order to allow the housing to rotate independently of the shaft/spinners. Furthermore, it would have been obvious to one having ordinary skill in the art to combine the chaff spreader disclosed in Brinkmann with the sealed rotary bearing taught in Saluja by placing the rotary bearing taught in Saluja around the drive shaft with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 4, Brinkmann in view of Saluja teaches the chaff spreader of claim 3 (see above). Furthermore, the most apparent location in which to place the bearing is between the respective external housing and the frame in order to allow the housing to rotate independently of the shaft/spinners. It would have been obvious to one having ordinary skill in the art to combine the chaff spreader disclosed in Brinkmann with the sealed rotary bearing taught in Saluja by placing the rotary bearing taught in Saluja such that each bearing is mounted between the respective external housing and the frame in order to allow the housing to rotate independently of the shaft/spinners. Furthermore, it would have been obvious to one having ordinary skill in the art to combine the chaff spreader disclosed in Brinkmann with the sealed rotary bearing taught in Saluja by placing the rotary bearing taught in Saluja such that each bearing is mounted between the respective external housing and the frame with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 8, Brinkmann in view of Saluja teaches the chaff spreader of claim 1 (see above). Furthermore, Brinkmann discloses a combine harvester (self-propelled agricultural harvesting machine 1) (Abstract; Figs. 1; Para. [0026]) comprising:
a crop cutting head (header 4) (Fig. 1; Para. [0026]);
a threshing and separating system (threshing mechanism comprising cylinder 6, concave 8, shaker 7, return pan 9 and/or return device 10) (Fig. 1; Para. [0026]);
a grain cleaning system (cleaning mechanism 11) (Fig. 1; Para. [0026]) for receiving the cut and threshed crop material (Para. [0026]); and
the chaff spreader of claim 1 (see above), downstream of the grain cleaning system (cleaning mechanism 11) (Fig. 1; Para. [0026]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brinkmann in view of Saluja as applied to claim 1 above, and further in view of U.S. Pat. Pub. No. 2005/0124399 to Holmen (cited by Applicant in IDS filed on 09/17/20224).
Regarding claim 7, Brinkmann in view of Saluja teaches the chaff spreader of claim 1 (see above). However, neither Brinkmann nor Saluja expressly discloses or teaches that each spinner comprises a rotary disc which carries a set of paddles. Nevertheless, spinners comprising rotary discs which carry a set of paddles are quite well-known in the art. Holmen teaches a combine chaff discharger comprising spinners (radial fan wheels 7) (Abstract; Figs. 1-16; Paras. [0033]-[0036], [0039]-[0047]) comprising rotary discs (disc as depicted in Figs. 3-4 comprising faces 12 and 15) (Figs. 3-4; Paras. [0034]-[0036]) which carry a set of paddles (fan blades 16, deflector blades 13 and/or flanges 14) (Figs. 3-4; Paras. [0034]-[0036]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the chaff spreader taught by Brinkmann in view of Saluja with the rotary discs carrying a set of paddles as taught in Holmen with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter
Claims 5-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. No. 11,096,327 to Dilts et al.; and U.S. Pat. Pub. Nos. 2021/0282329 to Hall; 2018/0177127 to Holmen; 2018/0007831 to Ballegeer et al.; 2016/0374267 to Reinecke et al.; 2016/0150728 to Duquesne et al.; 2015/0011274 to Murray et al.; 2016/0150727 to Mayerle; 2017/0142900 to Mahieu et al.; 2023/0255141 to Duquesne et al.; 2023/0141301 to Mayerle; and 2023/0172104 to Bhirangi et al. relate to various chaff/residue spreader arrangements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAUDE J BROWN whose telephone number is (571)270-5924. The examiner can normally be reached Mon-Fri 8AM-5PM.
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 M. Rocca can be reached at (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671
1 Please Note: The Office attempted to retrieve a certified copy of the foreign priority document, but that attempt failed (see “Priority Document Exchange Failure Status Report”, IFW entry received on 02/11/2025). Please submit a certified copy of the Great Britain application to perfect your priority claim.
Prosecution Insights