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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 30b, 130, 133. Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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.
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: 88 (fig. 1), 35 (fig. 4), 172 (fig. 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.
The drawings are objected to because in fig. 4, elements 6, 17, 17, and 9 are labeled as “614179”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
The claims are objected to because of the following informalities:
Claim 18, line 4 read “frame is is pivotally” and should read –frame is pivotally--
Appropriate correction is required.
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.
Claims 1-3, 8-12, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hurst (US 2291093 A).
Regarding claim 1, Hurst discloses a processing machine for processing fiber plants (see fig. 1), the processing machine comprising:
a self-propelling or drawn vehicle (page 2 col. 2 lines 33-35) comprising a vehicle chassis with a plurality of wheels arranged thereon (fig. 1);
a processing system configured to pick the fiber plants or take the fiber plants up from a ground surface (fig. 1-2), the processing system comprising:
a support frame (32, 42) mounted or mountable on the vehicle chassis,
a transport installation (fig. 2) mounted on the support frame and configured to receive and transport the fiber plants to the vehicle, the transport installation comprising
a plurality of main guide rollers (30, 31, 41, 38) mounted on the support frame,
at least one endless main conveyor belt (33, 41) guided along the main guide rollers
a drive configured to drive the at least one endless main conveyor belt (page 2 col. 1 lines 28-49)
a plurality of auxiliary guide rollers (18, 27, 13) mounted on the support frame
at least one endless auxiliary conveyor belt (23) guided along the auxiliary guide rollers, the at least one endless auxiliary conveyor belt being configured to be driven by displacement of the at least one driven endless main conveyor belt (page 2 col. 1 lines 28-49)
wherein the at least one endless main conveyor belt and the at least one endless auxiliary conveyor belt define at least one respective receiving area configured to receive and then gripping grip the fiber plants to pick between the at least one endless main conveyor belt and the at least one endless auxiliary conveyor belt and at least one mutual contact area, the at least one endless main conveyor belt and the at least one endless auxiliary conveyor belt being in contact with each other (see fig. 2),
wherein the at least one endless main and auxiliary conveyor belts are disposed at a position of the receiving area in order to define a respective mutual distance which decreases gradually in a receiving direction and transposes into the at least one mutual contact area (see fig. 2).
Regarding claim 2, Hurst discloses the processing machine according to claim 1, further comprising guide elements (80-83) mounted on a front outer end of the frame, as viewed in a direction of travel of the processing machine, the guide elements being configured to guide and push aside the fiber plants to pick into one or more passages, the receiving area being disposed between the guide elements and between the at least one endless main and auxiliary conveyor belts, each of the guide elements forming a pointed protruding part, one of the one or more passages for the fiber plants being formed between each two adjacent pointed protruding parts (see fig. 2).
Regarding claim 3, Hurst discloses the processing machine according to claim 1, wherein the at least one endless main conveyor belt is configured to drive the at least one endless auxiliary conveyor belt in the mutual contact area (page 2 col. 1 lines 28-49).
Regarding claim 8, Hurst discloses the processing machine according to claim 1, wherein the at least one respective receiving area narrows gradually in the receiving direction (see fig. 2).
Regarding claim 9, Hurst discloses the processing machine according to claim 1, wherein, in the respective receiving area, the at least one endless main conveyor belt and the at least one endless auxiliary conveyor belt extend obliquely relative to each other in the receiving direction (see fig. 2).
Regarding claim 10, Hurst discloses the processing machine according to claim 1, wherein, in the respective receiving area, the at least one endless main conveyor belt and the at least one endless auxiliary conveyor belt extend in the receiving direction at a mutual angle (a) between the at least one endless main conveyor belt and the at least one endless auxiliary conveyor belt of between 5 and 45 degrees (see fig. 2).
Regarding claim 11, Hurst discloses the processing machine according to claim 8, wherein the respective receiving area has a first receiving area part and a second receiving area part, wherein the mutual angle is greater in the first receiving area part than in the second receiving area part (see fig. 2).
Regarding claim 12, Hurst discloses the processing machine according to claim 1, further comprising one or more additional main guide rollers and additional auxiliary guide rollers which are positioned at offset positions respectively along the at least one endless main conveyor belt and the at least one endless auxiliary conveyor belt (see fig. 2).
Regarding claim 19, Hurst discloses the processing machine according to claim 1, wherein the support frame is pivotable in one or more of a lateral direction and an upward direction (page 2 col. 2 lines 14-19).
Regarding claim 20, Hurst discloses the processing machine according to claim 1, wherein the at least one endless auxiliary conveyor belt is guided along at least one of the main guide rollers (see fig. 2).
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 4-5, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hurst (US 2291093 A) in view of Thierry (FR 3066881 A1).
Regarding claim 4, Hurst discloses the processing machine according to claim, wherein the at least one endless main conveyor belt comprises a first endless main conveyor belt guided along main guide rollers, and a second endless main conveyor belt guided along the main guide rollers,
wherein the at least one endless auxiliary conveyor belt comprises a first endless auxiliary conveyor belt guided along auxiliary guide rollers and at least a first one of the main guide rollers, and a second endless auxiliary conveyor belt guided along the auxiliary guide rollers and at least a second one of the main guide rollers,
wherein the first endless main conveyor belt and first endless auxiliary conveyor belt define a first receiving area to receive and grip first ones of the fiber plants between the first endless main conveyor belt and the first endless auxiliary conveyor belt
wherein the second endless main conveyor belt and second endless auxiliary conveyor belt define a second receiving area of the at least one receiving area gripping to receive and grip second ones of the fiber plants between the second endless main conveyor belt and the second endless auxiliary conveyor belt
wherein the first endless main and auxiliary conveyor belts are disposed in the first receiving area in order to define the respective first mutual distance which decreases gradually in the receiving direction and transposes into a first mutual contact area of the at least one mutual contact area, and the second endless main and auxiliary conveyor belts are disposed in the second receiving area in order to define the respective second mutual distance which decreases gradually in the receiving direction and transposes into a second mutual contact area of the at least one mutual contact area (see fig. 2).
Hurst does not disclose, but Thierry discloses wherein the processing machine further comprises:
a combining area configured to combine the first and second fiber plants supplied via the first and second mutual contact areas (fig. 5), and
an additional contact area between the first endless main conveyor belt and the second endless main conveyor belt to transport the combined first and second fiber plants further between the first and second endless main conveyor belts (fig. 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided Hurst with a combining area and additional contact area as disclosed by Thierry to allow the harvester to carry additional row units and harvester a greater amount of crop at one time.
Regarding claim 5, Thierry, of the resultant combination, discloses the processing machine according to claim 4, wherein the processing machine is configured to rotate the fiber plants in the additional contact area (fig. 5).
Regarding claim 17, Hurst discloses the processing machine according to claim 1.
Hurst does not disclose, but Thierry discloses a cutting system (16) on the support frame, the cutting system being configured to cut through the plants when the fiber plants are situated in the respective receiving area between the at least one endless main conveyor belt and the at least one endless auxiliary conveyor belt.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided Hurst with a cutting system as disclosed by Thierry to more effectively harvest fiber stalks from the ground.
Claims 6-7, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hurst (US 2291093 A) in view of Baker (US 5632135 A).
Regarding claim 6, Hurst discloses the processing machine according to claim 1.
Hurst does not disclose, but Baker discloses wherein the respective receiving area between the at least one endless main conveyor belt and the at least one endless auxiliary conveyor belt is longer in the receiving direction than the greatest diameter of each of the main guide rollers and the auxiliary guide rollers (see fig. 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided Hurst with an extended area between the belts as disclosed by Baker to carry harvested crop an increased distance to additional processing components carried by the harvester.
Regarding claim 7, Baker, of the resultant combination, discloses the processing machine according to claim 1, wherein the respective receiving area between the respective endless main conveyor belt and the respective endless auxiliary conveyor belt is longer in the receiving direction than 20 cm (fig. 3).
Regarding claim 16, Hurst discloses the processing machine according to claim 1,
Hurst does not disclose, but Baker discloses wherein at the free outer end of the receiving area the mutual distance between the main conveyor belt and auxiliary conveyor belt in a direction transversely to the receiving direction amounts to at least 20 cm (fig. 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided Hurst with an extended area between the belts as disclosed by Baker to carry harvested crop an increased distance to additional processing components carried by the harvester.
Claims 13-14, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hurst (US 2291093 A).
Regarding claim 13, Hurst discloses the processing machine according to claim 1.
Hurst does not disclose a tensioning element on which one or more of the main guide rollers and the auxiliary guide rollers are disposed the tensioning element being configured to be disposed on the support frame at adjustable positions.
The examiner takes official notice that it is old and well known to use tensioning elements with belts disposed around rollers. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the belts of Hurst with tensioning elements to provide proper tension for operation to the belts.
Regarding claim 14, Hurst discloses the processing machine according to claim 1.
Hurst does not disclose wherein one or more of the auxiliary guide rollers and the main guide rollers are made of steel and have at least a steel running surface.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide Hurst with rollers made of steel and with a steel running surface, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 18, Hurst discloses the processing machine according to claim 1.
Hurst does not disclose wherein the vehicle is self-propelling and has a drive motor configured to drive at least two of the wheels, and/or wherein the support frame is pivotally mounted or mountable on the vehicle chassis.
Examiner takes official notice that it is old and well known to use self-propelled motor vehicles in harvesting applications. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have replaced the drawn vehicle in Hurst with a self-propelled vehicle having motor driven wheels to more quickly harvest crops.
Allowable Subject Matter
Claim 15 is 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. US 1509799 A discloses belts disposed around rollers for harvesting stalks.
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.
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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.
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/MADELINE I RUNCO/ Examiner, Art Unit 3671
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