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 .
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 9 and 16 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.
Claim 9 recites “such that the locking bar is configured to rotate relative to the toolbar frame about the second pivot joint” however “a toolbar frame” has not been previously introduced in the claim. Rather, “a first frame member” has been introduced which appears to be the corresponding structure for the quoted limitation. As such, for the purposes of examination, “the toolbar frame” will be considered to read as “the first frame member”.
Claim 16 recites “an actuator pivotably coupled between the toolbar frame and the hitch frame”… “results in rotation of the hitch frame and the toolbar frame” however claim 9 from which claim 16 depends does not introduce either of a hitch frame or a toolbar frame, but rather, a first frame member and a second frame member have been generically introduced in claim 9. For the purposes of examination, to correspond to the structure presented in claim 9, “the toolbar frame” is being considered to read as “the first frame member” and “the hitch frame” is being considered to read as “the second frame member”. Were Applicant intending to further define the first and second frame members, it is suggested wherein such limitations be properly presented as was done in Claim 17, for example.
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.
Claim(s) 1-7, 9-15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8,127,861 - Meek.
With regards to claims 1, 9, and 17, Meek teaches:
A strip tillage implement, comprising:
a toolbar frame (5, 29, 17, 15) ;
a plurality of row units supported by the toolbar frame (as shown);
a plurality of ground-engaging tools supported by each row unit of the plurality of row units and configured to engage a field surface (as shown);
a hitch frame (21, 37) configured to couple the strip tillage implement to a tow vehicle, the hitch frame coupled to the toolbar frame at a first pivot joint (at 36), the hitch frame and the toolbar frame configured to rotate relative to each other about the first pivot joint (as shown in the Figures);
a roll lock assembly alterable between a locked configuration and an unlocked configuration (considered to be element 39, it is noted wherein element 39 can be disconnected as either end by removing the pin (unlabeled) connecting the respective end to the frame – as the claim is currently written and in view of Applicant’s disclosure a BRI of the claim appears to include any element linking the two frame parts that is capable of limiting relative movement therebetween – as such, when the cylinder 39 is held in a fixed position, it acts as a roll lock assembly),
the roll lock assembly comprising:
a locking bar (considered to be 39) extending between a first end and a second end, the locking bar coupled to the toolbar frame at a second pivot joint (unlabeled) such that the locking bar is configured to rotate relative to the toolbar frame about the second pivot joint; and
a locking fastener (unlabeled pin connecting 39 to 21)configured to be selectively installed relative to the locking bar and the hitch frame,
wherein, when the roll lock assembly is in the locked configuration, the locking fastener is inserted through both a portion of the hitch frame and a portion of the locking bar to couple the locking bar to the hitch frame in a manner that limits rotation of the toolbar frame and the hitch frame relative to each other (when the cylinder is held in a fixed position the rotation claimed is limited), and
wherein, when the roll lock assembly is in the unlocked configuration, the locking bar is movable relative to the portion of the hitch frame with relative rotation between the toolbar frame and the hitch frame (element 39 is capable of being disconnected at the end connected to 21 – in such a case, the hitch frame and toolbar frame could pivot relative to one another).
Regarding claims 2-7, 10-15, Meek further teaches the pin and brackets as claimed (unlabeled elements shown in Figures 2 and 3; it is noted wherein the pin could be inserted in the bracket on 21 and the cylinder 39 could rest on top of that pin as claimed).
Claim(s) 9, 10, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7,832,494 - Horn.
With regards to claim 9, Horn teaches:
An agricultural implement, comprising:
a first frame member (18);
a second frame member (28) coupled to the first frame member at a first pivot joint (36), the second frame member and the first frame member configured to rotate relative to each other about the first pivot joint;
a roll lock assembly (68 and associated elements) alterable between a locked configuration and an unlocked configuration,
the roll lock assembly comprising:
a locking bar (68) extending between a first end and a second end, the locking bar coupled to the first frame member at a second pivot joint (at 46) such that the locking bar is configured to rotate relative to the toolbar frame about the second pivot joint; and
a locking fastener (60) configured to be selectively installed relative to the locking bar and the second frame member (as shown 60 is considered to be selectively installed to the locking bar),
wherein, when the roll lock assembly is in the locked configuration, the locking fastener is inserted through both a portion of the second frame member and a portion of the locking bar to couple the locking bar to the second frame member in a manner that limits rotation of the first frame member and the second frame member relative to each other (when locking bar 68 is attached to both of the fastening elements 48 and 60, the locking bar limits rotation of the two frame members relative to one another), and
wherein, when the roll lock assembly is in the unlocked configuration, the locking bar is moveable relative to the portion of the second frame member with relative rotation between the first frame member and the second frame member (as shown, it is possible to disconnect the locking bar from just the one end where pin 60 is located – once disconnected the first and second frame members can rotate relative to one another).
With regards to claim 10,
Wherein the locking fastener comprises a pin (pin 60).
With regards to claims 14 and 15,
Wherein, when the roll lock assembly is in the unlocked configuration, the locking fastener is configured to vertically support the locking bar relative to the portion of the second frame member for movement relative thereto (it is noted wherein the locking bar 68 could be attached at end 70 to pin 48 and the other end could rest on top of pin 60 when pin 60 does not extend through the locking bar).
Regarding claim 16, as best understood, further comprising an actuator (42) to rotate the first and second frame members relative to one another.
Claim(s) 9, 16, and 17, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3,912,018 – Brundage et al.
With regards to claim 9, Brundage teaches:
An agricultural implement, comprising:
a first frame member (10, 30);
a second frame member (32) coupled to the first frame member at a first pivot joint (34), the second frame member and the first frame member configured to rotate relative to each other about the first pivot joint;
a roll lock assembly (60) alterable between a locked configuration and an unlocked configuration,
the roll lock assembly comprising:
a locking bar (60) extending between a first end and a second end, the locking bar coupled to the first frame member at a second pivot joint (at 61) such that the locking bar is configured to rotate relative to the toolbar frame about the second pivot joint; and
a locking fastener (62) configured to be selectively installed relative to the locking bar and the second frame member (selectively inserted in 72),
wherein, when the roll lock assembly is in the locked configuration, the locking fastener is inserted through both a portion of the second frame member and a portion of the locking bar to couple the locking bar to the second frame member in a manner that limits rotation of the first frame member and the second frame member relative to each other (as shown in figure 2), and
wherein, when the roll lock assembly is in the unlocked configuration, the locking bar is moveable relative to the portion of the second frame member with relative rotation between the first frame member and the second frame member (as shown in Figure 1 and as described).
Regarding claim 16, as best understood, an actuator (42) pivotably coupled as claimed and capable of rotating the second frame member relative to the first frame member.
Regarding claim 17, wherein the first frame member is a toolbar frame supporting a plurality of ground-engaging tools and the second frame member is a hitch frame (as shown).
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 3,912,018 – Brundage et al .
With regards to claim 1, Brundage teaches all of the limitations of the claim (see discussion of Brundage with regards to claims 9 and 17 above) but lacks wherein the tools on the frame are a plurality of row units each comprising a plurality of ground-engaging tools.
The examiner takes Official Notice wherein the row units comprising a plurality of ground-engaging tools have been mounted to frames similar to that of Brundage.
As such, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to replace the tools on the frame of Brundage with row units each comprising a plurality of ground-engaging tools as such a modification to replace one known tool/implement with another would have been well within the skill of one in the art and it would be obvious to try other tools/implements on the frame disclosed by Brundage.
Regarding claim 8, an actuator (42) pivotably coupled as claimed and capable of rotating hitch frame relative to the toolbar frame.
Conclusion
Note to Applicant – while not presented in the current Office Action, it is noted wherein the locking assembly of ‘494 Horn appears as though it could be applicable in a combination to provide the cylinder locking feature/functionality to other hydraulic cylinders located in other positions on other frames – such as a cylinder located between the hitch frame and toolbar frame of a strip tillage implement comprising row units. However, while the general feature of locking a cylinder with an external locking assembly such as that of Horn, Applicant does employ a structurally different configuration of the locking assembly and its mounting location relative to the cylinder it prevents movement of as compared to both Horn and Brundage.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew D Troutman whose telephone number is (571)270-3654. The examiner can normally be reached Monday - Friday: 9:30 AM - 5:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Namrata Boveja can be reached at 571-272-8105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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