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 66-71, 75, 76, 78 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.
Regarding claim 66, the phrase “preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 67, the phrases “such as” and "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 69, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 71, the phrase “such as” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
With respect to claim 75, there is no antecedent basis for the phrase “the carriage”. While a carriage actuator is set forth in the claim, this does not imply a carriage is present and therefore it is unclear if the claim is referring to the actuator or an additional element.
Claim 76 recites the limitation "the carriage" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 76 depends from claim 73, but there is no carriage set forth in claim 73.
Regarding claim 77, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Furthermore, there is no antecedent basis for the term “the second state”. The claim sets forth “a transport state” and “a working state”. It is unclear whether the second state is referring to one of the previously set forth states or an additional state. Appropriate correction is required.
Claims 68-70 depend from rejected claim 67.
Claim 78 depends from claim 75.
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) 58-62, 67, 68, 71, 72 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bedney (USP 4,504,076).
With respect to claim 58, Bedney disclose an agricultural implement, comprising: a main frame (10) extending along a working direction of the agricultural implement,
at least one tool carrying frame section (left and right wing sections), which is foldable relative to the main frame between a transport state (figure 2) and a working state (figure 1), a first pivot joint (30), about which the frame section is foldable relative to the main frame about at least one first geometric pivot axis (along 52) which is substantially horizontal, a carriage (24) which is movably supported by the main frame and which is movable between first and second longitudinally spaced apart positions along the main frame (see figures 3 and 4), and a second pivot joint (26), about which the frame section is pivotable about at least one second geometric pivot axis which is substantially vertical (axis through 26), wherein said first and second pivot joints connect the frame section to the carriage (see figures 1 and 2), wherein the first geometric pivot axis extends substantially transversely of the working direction when the agricultural implement is in the working state (see figure 1, wherein the axis is along 52), and wherein the first geometric pivot axis extends substantially parallel with the working direction when the agricultural implement is in the transport state (see figure 2).
With respect to claim 59, Bedney disclose wherein the carriage is at a longitudinal end of the main frame when the agricultural implement is in the transport state (see figure 4) and at a middle section of the main frame when the agricultural implement is in the working state (see figure 3).
With respect to claim 60, Bedney disclose wherein the carriage comprises a base member (the sides where 34 are attached are considered a base member) and a joint member (34), which are connected to each other by one of the first pivot joint and the second pivot joint (wherein 26 is connected on base of carriage too).
With respect to claim 61, Bedney disclose wherein the frame section is connected to the joint member by the other one of the first pivot joint and the second pivot joint (see figures 1 and 2, connected via 32).
With respect to claim 62, Bedney disclose further comprising a guide
member, which is pivotably connected to the main frame and to the frame section for controlling a relative movement between the main frame and the frame section (see annotation below).
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With respect to claim 67, Bedney disclose wherein the agricultural implement further comprises at least one first ground support (36), such as one or more wheels or tracks, in particular a front ground support, and at least one second ground support (wheels on 16), such as one or more wheels or tracks, in particular a rear ground support, wherein 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 (see figure 2).
With respect to claim 68, Bedney disclose wherein the first ground
support comprises at least one pair of wheels, preferably with a steering arrangement, and/or wherein the second ground support comprises at least one pair of wheels (see figures 1 and 2).
With respect to claim 71, Bedney disclose an agricultural equipment comprising a traction vehicle (14) and an agricultural implement as claimed in claim 58, wherein the traction vehicle provides at least one first ground support (see figure 2, wheels on 14), such as one or more wheels or tracks, and wherein the agricultural implement comprises at least one second ground support (wheels on 16), such as one or more wheels or tracks, in particular a rear ground support, wherein 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 (see figure 2).
With respect to claim 72, Bedney disclose wherein the pivoting of the tool carrying frame section about the first geometric pivot axis is controllable by a section fold actuator, which is operable between the carriage and the tool carrying frame section (see figure 4 and column 3 lines 43-47, retraction of caster wheel is a section fold actuator).
Claim(s) 73-78 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 73, Adams et al. disclose a method of folding an agricultural implement, having a main frame (12) and at least one foldable frame section (16), from a working state (see figure 1) to a transport state (see figure 6), wherein, in the working state, the frame section is substantially horizontally oriented (see figure 1), with a leading edge of the frame section facing forwardly in a working direction (see figure 1), the method comprising: pivoting the frame section about a vertical geometric pivot axis through about 90 degrees (see figures 5 and 6, wherein 16 folds from the position in figure 5, inwardly towards frame 12), subsequently pivoting the frame section about a horizontal geometric pivot axis through about 90 degrees to the transport state (see figure 6), and moving the vertical geometric pivot axis along the working direction relative to the main frame.
With respect to claim 74, Adams et al. disclose maintaining a fixed
distance between a point on the main frame and a point on the frame section (wherein the length along 20 is maintained).
With respect to claim 75, as best understood, Adams et al. disclose wherein said pivoting the frame section about the vertical geometric pivot axis is controlled by a carriage actuator, controlling a longitudinal position of the carriage relative to the main frame (see column 6 line 62-column 7 line 16).
With respect to claim 76, Adams et al. disclose wherein said pivoting the frame section about the horizontal geometric pivot axis is controlled by a section fold actuator, which is operable between the carriage and the frame section (see column 6 line 62-column 7 line 16).
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 ( front 42), in particular a front ground support, and at least one second ground support (back 42), in particular a rear ground support, 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 80 is horizontal) and parallel (the length of 80 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).
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.
Claim(s) 63-66 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bedney in view of Spencer (USP 4,576,238).
With respect to claim 63, Bedney does not disclose a container assembly. Spencer disclose a container assembly (20) for a product that is to be distributed by an agricultural implement, the contain being supported by the carriage (10) in order to use the implement to plant seeds (see column 3 lines 31-39). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to have modified the carriage of Bedney by including the container assembly of Spencer in order to distribute seeds with the agricultural implement. The combination of Bedney in view of Spencer would result in the container assembly is movable with the carriage along the main frame as the container of Spencer would be placed on the movable carriage of Bedney.
With respect to claim 64, Bedney in view of Spencer teach wherein a center of gravity of the container assembly is positioned within a horizontal area defined by the frame section when the agricultural implement is in the working state (see figures 1 and 3 of Bedney and container 20 of Spencer).
With respect to claim 65, Bedney in view of Spencer teach wherein the center of gravity of the container assembly is positioned rearwardly of the frame section when the agricultural implement is in the transport state (see figures 2 and 4 of Bedney and container 20 of Spencer).
With respect to claim 66, as best understood, Bedney in view of Spencer teach wherein the container assembly has a width which is about 80-100 %, preferably about 90-100 %, of a maximum width of the agricultural implement in said transport state (see contain 20 of Spencer, which would be about 80% when incorporated into Bedney figure 2 in transport state when 30 is in pivoted state).
Claim(s) 69 and 70 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bedney in view of Adams et al (USP 8,342,256).
With respect to claim 69, Bedney does not disclose a pivotable auxiliary frame. Adams et al. disclose a trailing frame (24) which is pivotably attached to a central frame member which allows the trailing end to be pivoted towards the central frame. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the auxiliary frame of Bedney by making it pivotable as taught by Adams et al. with a reasonable expectation of success in order to allow the rear frame to pivot towards the central frame which would result in a more compact implement during transport.
With respect to claim 70, Bedney in view of Adams disclose wherein the second ground support is movable relative to the main frame between at least two spaced apart positions as seen in the working direction (wherein the ground supports are connected to the movable frame as modified).
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.
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/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672
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