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 § 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.
Claim(s) 77 and 78 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adams et al. (USP 8,342,256).
With respect to claim 77, Adams et al. an agricultural implement, comprising: a main frame (20) extending along a working direction of the agricultural implement, at least one tool carrying frame section (16), which is foldable relative to the main frame between a transport state (see figure 1) and a working state (see figure 6), at least one first ground support (left 42s) and at least one second ground support (right 42s) characterized in that in the second state, a first frame member (left 16 in figure 1) of the frame section is horizontal and transverse of the working direction (see figure 1, the length is transverse the working direction and the width is horizontal) and a second frame member (right 16) of the frame section is horizontal (the width is horizontal) and parallel (the direction along the width is parallel) with the working direction, in the transport state (see figure 6), the first frame member is horizontal (the face of 62 is horizontal) and parallel (the length of 62 is parallel) with the working direction (towards 22) and the second frame member is vertical (the height is vertical), and the first and second ground supports are longitudinally spaced apart such that the frame section is receivable longitudinally between said first and second ground supports when the agricultural implement is in the transport state (wherein the frame is between front and rear 42 in a longitudinal direction and thus meets the limitation – see figure 6).
With respect to claim 78, Adams disclose wherein the frame section is pivotable relative to the main frame about a first geometric pivot axis that is substantially vertical and about a second geometric pivot axis that is substantially horizontal (see figure 6, wherein the frame is pivoted about both a vertical and horizontal pivot axis).
Allowable Subject Matter
Claims 58-76 are allowed.
The following is an examiner’s statement of reasons for allowance: Applicant’s arguments regarding claims 58 and 73 are persuasive and therefore upon reconsideration the rejections have been withdrawn.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
With respect to claims 58-76, Applicant’s arguments, filed 9/4/26 have been fully considered and are persuasive. The rejection of claims 58-76 has been withdrawn.
With respect to claim 77 and 78, Applicant's arguments filed 9/4/26 have been fully considered but they are not persuasive.
The Examiner incorrectly mapped the claims to part 80 which is on frame 18, rather than part 62 which is on 16. The rejection has been updated to map to the appropriate frame piece. In view of this, this rejection is hereby made non-final.
With respect to the argument regarding “the first and second ground supports are longitudinally spaced such that the frame section is receivable longitudinally between said first and second ground supports…”, the Examine respectfully disagrees. The left wheels are considered longitudinally spaced from the right wheels in that they are spaced and the frame section is longitudinally received within that space. The Applicant’s arguments are more narrow then the claim limitations themselves, in that there is no front support claimed or a rear support claimed and the claim does not limit the entirety of the frame section between those supports.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE A COY whose telephone number is (571)272-5405. The examiner can normally be reached Monday-Friday 6am-3:30pm.
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, 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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/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672
