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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore,
the support plate of claim 22
the torque sensor mounted at a connection between the tine bar arm and the auxiliary plate of claim 25 (note Fig. 3 only appears to show the configuration recited in claim 24, wherein the torque sensor 200 is mounted at a connection point between the tine bar 120 and its respective tine bar arm 160).
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 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.
Claims 16-18, 20-21, and 28-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nusser (DE 4115056 A1).
It is noted that all citations to by Nusser (DE 4115056 A1) are in reference to the corresponding English-translated document attached by the Examiner under NPL documents.
Regarding independent claim 16, Nusser discloses a header for an agricultural harvester (para. [0001]), the header comprising:
a header frame (4);
a reel (1) being rotatably mounted to the header frame, said reel comprising a reel frame and a plurality of tine bars (14) rotatably mounted thereto,
wherein at least one of the tine bars is coupled to a respective torque sensor (13) (see Fig. 5, para. [0014] “each tine carrier 14 is assigned at least one…integrated measuring sensor 13”) for measuring a torque on the respective tine bar (see claim 14 of Nusser on page 4, a working torque of each tine carrier 14 is recorded as a signal by its respective measuring sensors).
Regarding claim 17, Nusser discloses the header as claimed in claim 16, wherein at least two of the tine bars (14) are coupled to respective torque sensors (13) for measuring a torque on the respective tine bars (para. [0014] each tine carrier 14 is assigned a respective torque measuring sensor 13).
Regarding claim 18, Nusser discloses the header as claimed in claim 17, wherein all the tine bars (14) are coupled to respective torque sensors (13) for measuring a torque on the respective tine bars (para. [0014] each tine carrier 14 is assigned a respective torque measuring sensor 13).
Regarding claim 20, Nusser discloses the header as claimed in claim 16, wherein the reel frame comprises a reel shaft (7) that is rotatably mounted to the header frame (4), and two end plates (end plates at which opposing swings arms 5 attach) mounted to opposite longitudinal ends of the reel shaft, the tine bars being rotatably mounted to the two end plates (implicit from claim 14 of Nusser on page 4, working torques of each tine carrier 14 are recorded as a signal by a respective measuring sensor 13).
Regarding claim 21, Nusser discloses the header as claimed in claim 20, wherein the respective torque sensor (13) is mounted between the respective tine bar (14) and one of the end plates (implicit from para. [0014], sensors 13 can be integrated into the tines or tine carriers, therefore the sensors are located between at least a portion of the tine carrier 14 and an end plate of the reel).
Regarding claim 28, Nusser discloses an agricultural harvester comprising the header as claimed in claim 16 (para. [0001-0002]).
Regarding claims 29, Nusser discloses the agricultural harvester as claimed in claim 28, further comprising a controller (2) configured to receive a torque signal from the respective torque sensor (13) (para. [0014] “The measurement signals recorded by the sensor 13…These signals are transmitted via line 28 to the control unit 2”) and to control the header in dependence of the received torque signal (para. [0014] “when a predetermined limit value is exceeded, give the command to raise the recording drum 1, and when it falls below this limit value, give the command to lower it”).
Regarding claim 30, Nusser discloses the agricultural harvester as claimed in claim 29, wherein the control of the header comprises at least one of:
adapting a position of the reel relative to the header frame (see claim 17 of Nusser on page 5 and para. [0014]), and
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 19 is rejected under 35 U.S.C. 103 as being unpatentable over Nusser as applied to claim 16 above, and further in view of Hermann (US 20220354055 A1).
Regarding claim 19, Nusser discloses the header as claimed in claim 16, wherein the respective tine bar (14) is coupled to at least one torque sensor (13), but does not explicitly disclose at least two torque sensors at different locations along a width of the reel.
Hermann discloses that it is advantageous to provide multiple sensing units equally spaced across a width of the header for measuring a parameter indicative of a force and/or frequency of material incident at different locations (para. [0017]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the torque sensor of Nusser to include a plurality of torque sensors laterally spaced from each other, as Hermann teaches that such a spacing allows a respective measurement to be taken at different locations across the width header, thereby permitting a precise adjustment in the intended working level of the reel and other header components (Hermann at para. [0028]).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Nusser as applied to claim 20 above, and further in view of Stelcl (US 20210392817 A1)
Regarding claim 23, Nusser discloses the header as claimed in claim 20, but fails to teach wherein the reel further comprises an auxiliary plate, provided in parallel with and located at an offset from one of the end plates, the tine bars being connected to the auxiliary plate by respective tine bar arms.
Stelcl discloses a harvesting reel (104) comprising a plurality of tine bars (212) and end plates (208), wherein the reel further comprises an auxiliary plate (231, 241), provided in parallel with and located at an offset from one of the end plates (Fig. 16), the tine bars being connected to the auxiliary plate by respective tine bar arms (218, 220) (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 utilize similar auxiliary plates in the reel of Nusser, as taught by Stelcl, in order to optimize harvesting performance by permitting changes in tine trajectory according to field conditions and operator preferences (Stelcl at para. [0041-0044]).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Nusser as applied to claim 20 above, and further in view of Roberge (US 20190254227 A1).
Regarding claim 26, Nusser discloses the header as claimed in claim 20, wherein at least one of the torque sensors (13) is connected to a power source or header control unit (2) via line (28), but does not explicitly disclose via electronic wiring that at least partly runs through or along the reel shaft.
Roberge discloses a harvester feedback assembly comprising one or more sensors 240 mounted to a tine bar 210 (Figs. 5-6), wherein the sensors are electronically connected to a controller 115 via electronic wiring that at least partly runs through a tubular housing 236 (para. [0079] “each sensor 240 can be wired to the controller 115 to allow for communication therebetween…the wiring for the sensors 240 can extend through the interior of the housing 236”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the control lines of Nusser to include electronic wiring through a hollow tubular housing (e.g. through or along/parallel to the reel shaft), as taught by Roberge, as a mere simple substitution of one communicative coupling means for another to yield predictable results.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Nusser as applied to claim 16 above, and further in view of Honeyman et al. (US 20210243954 A1).
Regarding claim 27, Nusser discloses the header as claimed in claim 16, but does not explicitly disclose wherein the torque sensor is configured for wireless charging and/or for wireless communication.
In the same area, Honeyman discloses a computer-controlled method for adjusting a height of a header reel comprising using a torque sensor 68 coupled to driveline 58 to measure a drive pressure of the reel, wherein the torque sensor is configured for wireless communication (Fig. 4A, para. [0036] “The second sensor 68 is configured…as a torque sensor…communicatively coupled…via a…wireless connection”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the torque sensor of Nusser for wireless communication, as taught by Honeyman, as a mere simple substitution of one known communicative coupling of a torque sensor for another to yield predictable results.
Allowable Subject Matter
Claims 22 and 24-25 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. Coen et al. (US 20160270297 A1) discloses a torque sensor mounted on at least one tine bar for measuring a flow rate. La Vigne et al. (US 8666682 B2) discloses a rotational torque measurement device. Liu et al. (US 20070030134 A1) discloses a wireless torque sensor. Coers et al. (US 6430904 B1) discloses an auger torque sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA C TRAN whose telephone number is (571) 272-8758. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta, can be reached on (571) 272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIA C TRAN/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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