DETAILED ACTION
The preliminary amendments to the claims, filed 11/19/2024, have been entered.
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 Objections
Claims 16 and 22 are objected to because of the following informalities: In claims 16 and 22 the term “it” and “its” should be positive recited to reduce confusion. Claim 16, line 9-10 “each being configured” should be “each operating unit being configured” to clarify.
Appropriate correction is required.
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 23-25, and 33-35 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 23 recites “preferably a hydraulic actuator”. It cannot be determined whether a hydraulic actuator is required or not. It is assumed, for purposes of examination, that applicant intended not to require the hydraulic actuator.
Claims 24-25 depend from claim 23, thus are similarly rejected.
Claim 33 line 2 recite “the first frame part and the second frame part each include side elements outside the crop guiding surface and transverse frame elements”. It is not clear whether the first frame part and the second frame part each include transverse frame elements, or whether the side elements are outside the crop guiding surface and the transverse frame elements. It is assumed, for purposes of examination, that applicant intended that the side elements are outside the crop guiding surface and the transverse frame elements.
Claims 34-35 depend from claim 33, and thus are also rejected.
Claim Rejections - 35 USC § 102
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 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) 16-19, 21-23, 25-29, and 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meiners 20160029567.
Regarding claim 16, Meiners teaches a crop cutting device 11 comprising:
a crop guiding surface (curved surface shown in Figure 2 supporting 15) including a plurality of substantially parallel slots (the slots that 15 stick out of in Figure 2) extending in a direction of travel (to the left of Figure 2) of the crop over the crop guiding surface;
a plurality of knives 15 arranged side-by-side and pivotally mounted below the crop guiding surface, wherein each knife 15 is aligned with a respective slot (¶0022 “two cutting knives 15 which, for illustration purposes, are illustrated in a completely extended pivoted operating position and in an intermediate position. The other cutting knives 15 of this cutting device 11 that is provided with very many knives are in the retracted pivoted inoperative position”, wherein Figure 2 shows multiple slots across the width of 11, thus providing the knives aligned with their respective slots) and is pivotable about a knife axis (Figure 4, circle cross section of the rod on the left of 15) extending substantially perpendicular to the slots (wherein the rod in Figure 4 is perpendicular to the left and right orientation of the slots) between a retracted inoperative position (Figure 4) in which it (the knives) is located substantially below the crop guiding surface and an extended operative position (Figure 6), wherein at least a cutting edge of each knife 15 projects above the crop guiding surface (wherein only two knives are required to project as claimed);
a plurality of operating units 28, each operating unit being associated with a respective knife 15 and each being configured to being operated to bring the associated knife 15 from the retracted inoperative position (Figure 4) into the extended operative position (Figure 6);
a selector mechanism 26 configured to selectively engage (as shown in Figures 5 and 6) one or more of the plurality of operating units 28 such that the respective knife 15 can be brought from the retracted inoperative position (Figure 4) into the extended operative position (Figure 6), the selector mechanism 26 including a rotatable shaft 25 extending substantially perpendicular to the slots (wherein shaft 25 extends into and out of the page as shown in Figure 4, and is perpendicular to the left-right slot arrangement) between two side plates (circular plates on the left and right side of shaft 25 shown in Figure 3 plates, annotated Figure A below) and carrying a plurality of engagement elements 31, each engagement element configured to engage with the respective operating unit;
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Figure A: annotated Figure 3
a first frame part (one of 35) and a second frame part (one of 36) pivotally connected to the first frame part 35 around a selection pivot axis 34;
wherein the side plates and the rotatable shaft 25 are moveable (via rotation) with respect to the first frame part 35 between a selection position and a working position, the selection position enabling a free rotation of the rotatable shaft 25 in one direction (¶0024 “ the preselecting device 26 can be rotated easily in one direction”, wherein shaft 25 is part of preselecting device 26), and the working position (¶0026 “ preselecting device 26 are positioned opposite selected tensioning levers 35. The knife switching device 28 is then pivoted in counterclockwise direction so far about the pivot axis 33 that the tensioning levers 35 come to rest at the preselected contact cams 32. Upon further pivoting of the knife switching device 28, the pivot axis 34 of the tensioning levers 35 is moved also. This causes the tensioning levers 35, which are contacting the contact cams 32 with their upper end, to perform a movement of their lower end which is connected with the fork 38 of the tensioning unit 30 so that the tensioning unit 30 is pretensioned and the correlated cutting knife 15 is switched by means of the connected adjusting lever 39 into its active cutting position (FIG. 6)”) enabling an engagement of the engagement elements 31 on the rotatable shaft 25 with the respective operating unit (as shown in Figure 6);
wherein the operating units 26 are pivotably connected to the second frame part 36 (via rotation on the shaft 25) and engageable with the first frame part 35 (by engagement of 32 with the top end of 35 as shown in Figures 5 and 6) and moveable between the selection position and the working position by pivoting (on pivot 34) the first frame part 35 with respect to the second frame part 36;
wherein in the working position, the engagement elements 31 of the rotatable shaft 25 are configured to engage with the respective operating units 26 (as shown in Figures 5 and 6), and wherein in the selection position, the engagement elements 31 of the rotatable shaft 25 are prevented from being engaged with the respective operating units 26 (as shown in Figure 4, wherein there is a gap at 33 between 32 and the top ends of 35).
Regarding claim 17, Meiners teaches the first frame part 35 is configured as an inner frame part (considered an inner frame part since it is held between knives 15 and frame part 36) and the second frame part 36 is configured as an outer frame part (since 36 is held to the right of 15 and 35).
Regarding claim 18, Meiners teaches each operating unit comprises a bracket (select ones of 35 that are not the frame) and the engagement elements 31 comprise a plurality of arms 32 wherein two arms 32 are each configured to engage with the bracket of each operating unit.
Regarding claim 19, Meiners teaches each operating unit comprises a stop member 40 configured to engage the engagement elements 31 (¶0028 “In order to prevent rotation of the preselecting device 26, the latter is supported against a pivotable locking bar 40 which, upon rotation of the preselecting device 26 in clockwise direction for preselecting a group of knives 15, is lifted by the contact cams 32 and is returned by gravity into the arresting position”).
Regarding claim 21, Meiners teaches the engagement elements 31 of the rotatable shaft 25 are configured to rotate in one direction (the rotation described above).
Regarding claim 22, Meiners teaches the crop cutting device 11 comprises a plurality of holding devices 38, wherein in the selection position each holding device is configured to cooperate with a respective operating unit to hold it in place (via the hook shown in Figure 4).
Regarding claim 23, Meiners teaches the crop cutting device 11 includes at least one actuator 27.
Regarding claim 25, Meiners teaches the at least one actuator involves manual (the lateral extension of 27 is considered a manual actuator), electrical, electromechanical or hydraulic actuation.
Regarding claim 26, Meiners teaches the plurality of engagement elements 31 comprises a star- shape (Figure 3 shows a generally star shape) comprising a plurality of arms 32.
Regarding claim 27, Meiners teaches the plurality of arms 32 are equally spaced (Figure 3 shows equal spacing of 31) along the circumference (as shown in Figure 3) of the rotatable shaft 25.
Regarding claim 28, Meiners teaches the plurality of arms 32 comprises between two and ten arms 32 (3 are shown in Figure 5, which falls within the claimed range).
Regarding claim 29, Meiners teaches the plurality of arms 32 comprises between three and eight arms 32 (3 are shown in Figure 5, which falls within the claimed range).
Regarding claim 32, Meiners teaches the first frame part 35 and the second frame part 36 are lockable with respect to each other (as shown in Figure 4, wherein 35 and 35 move with each other, thus are considered lockable with respect to each other, since relative movement does not occur) so as to at least one of enable a common movement of the crop cutting device 11 or to disable knife 15 selection (wherein knives 15 are not selected in this position as shown in Figure 4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 24 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meiners in view of Claeys, et al. US2016/0029567.
Regarding claim 24, Meiners teaches the claim, as described above, but does not teach the at least one actuator includes a hydraulic actuator.
Claeys, et al. teaches that a hydraulic actuator 39 is well known for providing actuation.
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Meiners’ actuator to be a hydraulic actuator as taught by Claeys, et al. to provide selective actuation.
Regarding claim 30, Meiners teaches the plurality of arms 32 comprises four arms 32.
Claeys, et al. teaches a cutting device 8 with a cam 51 that includes four cams ¶0052 (“In the illustrated embodiments there are six different types of cam elements 50A-50F. These cam elements have two, three or four cams 51, which are arranged at different angular positions.”).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Meiners’ number of arms to be four arms, as taught by Claeys, et al. for purposes of providing additional selection combinations.
Allowable Subject Matter
Claims 20 and 31 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.
Claim 33-35 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 20, Meiners does not teach the crop cutting device 11 is configured such that moving the first frame part 35 with respect to the second frame part 36 causes the operating units 26 to engage with the first frame part 35 and to disengage with the respective engagement elements 31 of the rotatable shaft 25.
Regarding claim 31, Meiners does not teach the side plates of the selector mechanism 26 are configured wherein the rotatable shaft 25 is located on a first position and wherein guiding means are provided on a second position enabling guidance of the side plates in a long hole positioned on the first frame part 35
Regarding claim 33, Meiners does not teach the first frame part 35 and the second frame part 36 each include side elements outside of the crop guiding surface and transverse frame elements wherein the selection pivot axis 34 is located on the side elements.
Regarding claim 34, Meiners does not teach the crop cutting device 11 comprises a guiding device on the side elements of the first frame part 35 and of the second frame part 36. The crop cutting device 11 of claim 34, wherein the guiding device is a long hole.
Conclusion
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/CATHLEEN R HUTCHINS/Primary Examiner, Art Unit 3672 7/10/2026
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