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 .
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.
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 1-4, 6-8 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wendling (DE 102016202628) in view of Posselius et al. (US Patent Application Publication No. 2017/0013777).
In reference to claim 1, Wendling discloses a support system for an element 68 of an agricultural header 42, comprising:
a support arm 78/80 configured to support the element 68 (Figs. 3 and 5), wherein the support arm 78/80 is configured to extend along a forward longitudinal direction relative to a direction of travel of the agricultural header 42 while the support arm 78/80 is in an extended position (Figs. 3 and 5); and
a pivot joint 84 coupled to the support arm 78/80, wherein the pivot joint 84 is configured to pivotally couple the support arm 78/80 to the harvester 10, the pivot joint 84 is configured to enable the support arm 78/80 to rotate from the extended position (Fig. 4) to a retracted position (Fig. 5), and the support arm 78/80 is configured to extend along a lateral direction relative to the direction of travel of the agricultural header 42 while the support arm 78/80 is in the retracted position (Fig. 5).
Wendling fails to disclose that the pivot joint couples the support arm to a frame of the agricultural header.
Posselius discloses that a support arm 88 that supports a sensor 82 can be either attached to the harvester frame or the header frame 20 (Fig. 1, par. 0024). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to dispose the support arm on the header frame rather than the harvester frame with a reasonable expectation of success as it amounts to a substitution of equivalents to perform the same function, which is in this case to support a sensor in front of a harvester.
In reference to claim 2, Wendling discloses a pivot joint 84 and Posselius discloses a mounting structure (Fig. 1, the rear portion of arm 88 that connects to frame 20) configured to non-rotatably couple to the frame 20 of the agricultural header. In combination, this would result in the pivot joint (of Wendling) pivotally coupling the support arm to the mounting structure (of Posselius).
In reference to claim 3, Posselius discloses that the mounting structure (Fig. 1, the rear portion of arm 88 that connects to frame 20) is configured to extend rearwardly relative to the forward longitudinal direction (Fig. 1).
In reference to claim 4, Posselius discloses that the mounting structure (Fig. 1, the rear portion of arm 88 that connects to frame 20) comprises a mounting arm configured to be oriented about 45 degrees relative to the forward longitudinal direction (Fig. 1).
In reference to claim 6, Wendling discloses that the pivot joint 84 is configured to enable the support arm 78/80 to rotate about a single axis (Figs. 4 and 5, the arm also rotates about a second axis of pivot point 82, but the claim only requires that the specific pivot point 84 only allows for rotation about one axis).
In reference to claim 7, Wendling discloses that the support arm 78/80 is configured to extend over a reel 44 of the agricultural header 42 while the support arm 78/80 is in the extended position (Fig. 3).
In reference to claim 8, Posselius discloses that the support arm 88 has a curved portion configured to face upwardly while the support arm 88 is in the operative position to enable the support arm 88 to extend over the reel 36 (Fig. 1).
In reference to claim 17, Wendling discloses an agricultural header 42, comprising:
a frame (Fig. 2);
a reel 44 rotatably coupled to the frame (Fig. 2);
a sensor 68; and
a support system, comprising:
a support arm 78/80 coupled to the sensor 68, wherein the support arm 78/80 is configured to extend along a forward longitudinal direction relative to a direction of travel of the agricultural header 42 while the support arm 78/80 is in an extended position (Figs. 3 and 4), and the support arm 78/80 is configured to extend over the reel 44 while the support arm 78/80 is in the extended position (Fig. 3); and
a pivot joint 84 coupled to the support arm 78/80, wherein the pivot joint 84 pivotally couples the support arm 78/80 to the harvester 10 (Fig. 3), the pivot joint 78/80 is configured to enable the support arm 78/80 to rotate from the extended position to a retracted position (Figs. 4 and 5), and the support arm 78/80 is configured to extend along a lateral direction relative to the direction of travel of the agricultural header 42 while the support arm is in the retracted position (Fig. 5).
Wendling fails to disclose that the pivot joint couples the support arm to a frame of the agricultural header.
Posselius discloses that a support arm 88 that supports a sensor 82 can be either attached to the harvester frame or the header frame 20 (Fig. 1, par. 0024). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to dispose the support arm on the header frame rather than the harvester frame with a reasonable expectation of success as it amounts to a substitution of equivalents to perform the same function, which is in this case to support a sensor in front of a harvester.
In reference to claim 18, Wendling discloses a pivot joint 84 and Posselius discloses a mounting structure (Fig. 1, the rear portion of arm 88 that connects to frame 20) configured to non-rotatably couple to the frame 20 of the agricultural header. In combination, this would result in the pivot joint (of Wendling) pivotally coupling the support arm to the mounting structure (of Posselius).
In reference to claim 19, Posselius discloses that the mounting structure (Fig. 1, the rear portion of arm 88 that connects to frame 20) is configured to extend rearwardly relative to the forward longitudinal direction (Fig. 1).
In reference to claim 20, Posselius discloses that the mounting structure (Fig. 1, the rear portion of arm 88 that connects to frame 20) comprises a mounting arm configured to be oriented about 45 degrees relative to the forward longitudinal direction (Fig. 1).
Claims 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Wendling (DE 102016202628) in view of Posselius et al. (US Patent Application Publication No. 2017/0013777) and Thornley et al. (US Patent No. 4,507,910).
In reference to claim 10, Wendling discloses a support system for an element 68 of an agricultural header 42, comprising:
a first support arm 78/80 configured to support a first element 68 (Fig. 3), wherein the first support arm 78/80 is configured to extend along a forward longitudinal direction relative to a direction of travel of the agricultural header 42 while the first support arm 78/80 is in an extended position (Figs. 3 and 4);
a first pivot joint 84 coupled to the first support arm 78/80, wherein the first pivot joint 84 is configured to pivotally couple the first support arm 78/80 to a frame of the agricultural harvester 10, the first pivot joint 84 is configured to enable the first support arm 78/80 to rotate from the extended position of the first support arm 78/80 to a retracted position (Figs. 4 and 5), and the first support arm 78/80 is configured to extend along a first lateral direction relative to the direction of travel of the agricultural header 42 while the first support arm 78/80 is in the retracted position of the first support arm 78/80 (Figs. 4 and 5).
Wendling fails to disclose that the pivot joint couples the support arm to a frame of the agricultural header.
Posselius discloses that a support arm 88 that supports a sensor 82 can be either attached to the harvester frame or the header frame 20 (Fig. 1, par. 0024). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to dispose the support arm on the header frame rather than the harvester frame with a reasonable expectation of success as it amounts to a substitution of equivalents to perform the same function, which is in this case to support a sensor in front of a harvester.
Wendling also fails to disclose a second element supported by a second support arm and second pivot joint.
Thornley discloses multiple elements 24 supported on multiple support arms 30 (col. 5, lines 39-41). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a second support arm, second pivot joint and a second element with a reasonable expectation of success so that more measurements can be taken by the elements.
In reference to claim 11, Wendling discloses a pivot joint 84 and Posselius discloses a mounting structure (Fig. 1, the rear portion of arm 88 that connects to frame 20) configured to non-rotatably couple to the frame 20 of the agricultural header. In combination, this would result in the pivot joint (of Wendling) pivotally coupling the support arm to the mounting structure (of Posselius). In combination with Thornley, this would also result in a second mounting structure to couple the second arm.
In reference to claim 12, Posselius discloses that the mounting structure (Fig. 1, the rear portion of arm 88 that connects to frame 20) is configured to extend rearwardly relative to the forward longitudinal direction (Fig. 1).
In reference to claim 13, Posselius discloses that the mounting structure (Fig. 1, the rear portion of arm 88 that connects to frame 20) comprises a mounting arm configured to be oriented about 45 degrees relative to the forward longitudinal direction (Fig. 1).
In reference to claim 14, Wendling discloses that the support arm 78/80 is configured to extend over a reel 44 of the agricultural header 42 while the support arm 78/80 is in the extended position (Fig. 3).
In reference to claim 15, Posselius discloses that the support arm 88 has a curved portion configured to face upwardly (Fig. 1, the midpoint of the curved portion faces upwardly) while the support arm 88 is in the extended position to enable the support arm 88 to extend over the reel 36 (Fig. 1).
Allowable Subject Matter
Claims 5, 9 and 16 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. Mussack et al. (US Patent Application Publication No. 2020/0340285) discloses a sensor element 206 on a support arm 202 (Fig. 8); Wilson et al. (US Patent Application Publication No. 2016/0252384) discloses a support arm 6 and a sensor 16 (Fig. 1); and Homburg et al. (US Patent No. 6,397,569) discloses a sensor 1 disposed on a support arm 10 (Fig. 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRAD HARCOURT whose telephone number is (571)272-7303. The examiner can normally be reached Monday through Friday, 9am to 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at (571)272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRAD HARCOURT/Primary Examiner, Art Unit 3674
8/14/26
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