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 6-7 and 9-20 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 6 recites the limitation "the operator" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 is rejected because it depends from claim 6.
Claim 9 recites the limitation "the articulation point" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation " the crops" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claims 11-15 are rejected because they depend from claim 10.
Claim 13 recites the limitation "the operator" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the articulation point" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 16, the phrase “and the gas is compressed when the actuator is elongated, and the arms are lifted, or vice versa” render the claim indefinite because it is unclear what is been required by “or vice versa”.
As best understood and for the purpose of the examination the Examiner interpreted “and the gas is compressed when the actuator is elongated, and the arms are lifted, or vice versa” as “and the gas is compressed when the actuator is elongated, and the arms are lifted”.
Claims 17-20 are rejected because they depend from claim 16.
Claim 19 recites the limitation "the operator" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the articulation point" in line 6. There is insufficient antecedent basis for this limitation in the claim.
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 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burrough (US4257219A).
Regarding claim 16, Burrough discloses A baler for forming round bales of crops (abstract and col.3-col.5), comprising:
a frame (fig.1: (F)) providing an internal volume;
a compression chamber (fig.1: (20)) for compressing the crops to form the bale, the compression chamber being of a variable diameter;
a plurality of guide rollers (fig.1: (30-38)) placed inside the internal volume and including a pair of entrance rollers (fig.1: (30) and (35));
a plurality of belts (fig.1: (25)) placed side by side in the internal volume and wound around the guide rollers so to define an endless loop, the loop being flexible for delimiting the compression chamber, wherein the guide rollers are rotatable for driving the belts around the loop;
a tensioning system configured for applying a tension to the belts so to generate a corresponding pressure on the crops contained inside the compression chamber, the tensioning system including:
a first tensioning arm (fig.6: (41)) and a second tensioning arm (fig.6: (42)) articulated (fig.1: (43)) to the frame, to move between a bale starting position (fig.1), where the formation of the bale is being started, and a full bale position (fig.3), where a complete bale is formed inside the compression chamber, wherein the tensioning system is configured for adjusting the tension of the belts to a tensioning set point (fig.9);
an actuator (fig.1: (44)) associated with the first and/or the second arm and configured to regulate the movement of the first and the second arm to adjust the tension of the belts according to predetermined setpoints for each layer of the bale (fig.9),
a fluid accumulator (fig.6: (55)) having a gas volume, the accumulator functioning responsive to the movement of the arms so that the gas expands when the tensioning arms are lowered and the actuator is shortened, and the gas is compressed when the actuator is elongated, and the arms are lifted, or vice versa, wherein the actuator is a hydraulic cylinder and wherein the first and the second tensioning arms are coupled and are displaceable in their position in a synchronized way (col.3-col.5).
Regarding claim 17, Burrough discloses wherein the accumulator is connected to a passive piston-cylinder assembly to form an elastic unit (the arrangement of fig.6 is a passive piston-cylinder assembly to form an elastic unit).
Regarding claim 18, Burrough discloses wherein the accumulator is integrated into a passive piston-cylinder assembly to form an elastic unit (the arrangement of fig.6 is a passive piston-cylinder assembly to form an elastic unit).
Regarding claim 19, Burrough discloses comprising a control unit connected to the tensioning system and programmed to modify the tensioning of the belts in a range between a low value and high value and in response to setpoints which are selectable by the operator (fig.6: the control valve (70) and fig.9).
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.
Claims 1-8 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Burrough (US4257219A).
Regarding claim 1, Burrough discloses a baler for forming round bales of crops (abstract and col.3-col.5), including:
a frame (fig.1: (F)) providing an internal volume;
a compression chamber (fig.1: (20)) for compressing the crops to form the bale, the compression chamber being of a variable diameter;
a plurality of guide rollers (fig.1: (30-38)) placed inside the internal volume and including a pair of entrance rollers (fig.1: (30) and (35));
a plurality of belts (fig.1: (25)) placed side by side in the internal volume and wound around the guide rollers so to define an endless loop, the loop being flexible for delimiting the compression chamber, wherein the guide rollers are rotatable for driving the belts around the loop;
a tensioning system configured for applying a tension to the belts so to generate a corresponding pressure on the crops contained inside the compression chamber, the tensioning system including:
a first tensioning arm (fig.6: (41)) and a second tensioning arm (fig.6: (42)) articulated (fig.1: (43)) to the frame, to move between a bale starting position (fig.1), where the formation of the bale is being started, and a full bale position (fig.3), where a complete bale is formed inside the compression chamber, wherein the tensioning system is configured for adjusting the tension of the belts to a tensioning set point (fig.9);
a first and a second actuator (fig.1: (44)) associated with the first and the second arm respectively and configured to regulate the movement of the first and the second arm to adjust the tension of the belts according to predetermined setpoints for each layer of the bale (fig.9),
a fluid accumulator (fig.6: (55)) having a gas volume, the accumulators functioning responsive to the movement of the arms so that the gas expands when the tensioning arms are lowered and the actuator is shortened, and the gas is compressed when the actuator is elongated, and the arms are lifted (col.3-col.5).
Burrough does not disclose a couple of fluid accumulators;
However, Burrough discloses a fluid accumulator (fig.6: (55));
The applicant does not disclose any benefit for using a couple of fluid accumulators;
Further, having a couple of fluid accumulators would have resulted from routine engineering practices and it therefore not patentable and would be obvious because there is no unexpected result;
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have as many as desired of fluid accumulators as desired, including a couple of fluid accumulators having a gas volume, the accumulators functioning responsive to the movement of the arms so that the gas expands when the tensioning arms are lowered and the actuator is shortened, and the gas is compressed when the actuator is elongated, and the arms are lifted, as a matter of routine engineering design choice.
Or,
Burrough does not disclose a couple of fluid accumulators;
However, Burrough discloses a fluid accumulator (fig.6: (55));
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to Burrough to add a second fluid accumulator in order to help distribute energy storage, handle different pressure requirements, and improve response times across complex circuits, since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). (MPEP 2144.04 VI, B). thereby having a couple of fluid accumulators having a gas volume, the accumulators functioning responsive to the movement of the arms so that the gas expands when the tensioning arms are lowered and the actuator is shortened, and the gas is compressed when the actuator is elongated, and the arms are lifted.
Regarding claim 2, Burrough does not disclose wherein the accumulator is a membrane accumulator wherein a membrane is used as partition between the fluid side and the gas side of the accumulator.
However, Burrough discloses a fluid accumulator (fig.6: (55));
Further, having a membrane accumulator is very know in art, would have resulted from routine engineering practices and it therefore not patentable and would be obvious because there is no unexpected result;
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to select the type of the fluid accumulators as desired, including wherein the accumulator is a membrane accumulator wherein a membrane is used as partition between the fluid side and the gas side of the accumulator, as a matter of routine engineering design choice; in order to have a compact, fast-responding design with high volumetric efficiency.
Regarding claim 3, Burrough discloses wherein the actuator is a hydraulic cylinder (fig.6).
Regarding claim 4, Burrough discloses wherein the accumulator is connected to a passive piston-cylinder assembly to form an elastic unit (the arrangement of fig.6 is a passive piston-cylinder assembly to form an elastic unit).
Regarding claim 5, Burrough discloses wherein the accumulator is integrated into a passive piston-cylinder assembly to form an elastic unit (the arrangement of fig.6 is a passive piston-cylinder assembly to form an elastic unit).
Regarding claims 6-7, Burrough discloses a control unit connected to the tensioning system and programmed to modify the tensioning of the belts in a range between a low value and high value and in response to setpoints which are selectable by the operator; and wherein the control unit is configured to modify the tensioning of the belts through a proportional valve (fig.6: the control valve (70) and fig.9).
Regarding claim 8, Burrough discloses wherein the first and the second tensioning arms are coupled and are displaceable in their position in a synchronized way (figs.1 and 6).
Regarding claim 10, Burrough discloses a method for forming round bales (abstract and col.3-col.5), comprising the following steps:
providing a baler with a plurality of guide rollers (fig.1: (30-38)) placed inside an internal volume (fig.1: the internal volume of frame (F)) of the baler and including a pair of entrance rollers (fig.1: (30) and (35));
placing a plurality of belts (fig.1: (25)) side by side in the internal volume and winding them around the guide rollers so to define an endless loop, the loop being flexible for delimiting a compression chamber; rotating the guide rollers for driving the belts around the loop;
feeding the crops into the compression chamber of the baler through a feeding unit (fig.1: (21)) in a feeding direction,
applying a tension to the belts (fig.1: (25)) so to generate a corresponding pressure on the crops contained inside the compression chamber;
adjusting the tension of the belts to a tensioning set point and compressing the crops to form the bale in the compression chamber (fig.9);
moving a pair of tensioning arms (fig.6: (41) and (42)) between a bale starting position (fig.1), where the formation of the bale is being started, and a full bale position (fig.3), where a complete bale is formed inside the compression chamber;
regulating the movement of the tensioning arms through respective actuators (fig.1: (44)) to adjust the tension of the belts according to predetermined setpoints for each layer of the bale;
regulating the movement of the tensioning arms through a fluid accumulator (fig.6: (55)) having a gas volume, so that the gas expands when the tensioning arms are lowered by and the actuator is shortened, and the gas is compressed when the actuator is elongated, and the arms are lifted.
Burrough does not disclose a couple of fluid accumulators;
However, Burrough discloses a fluid accumulator (fig.6: (55));
The applicant does not disclose any benefit for using a couple of fluid accumulators;
Further, having a couple of fluid accumulators would have resulted from routine engineering practices and it therefore not patentable and would be obvious because there is no unexpected result;
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have as many as desired of fluid accumulators as desired, including regulating the movement of the tensioning arms through a couple of fluid accumulators having a gas volume, so that the gas expands when the tensioning arms are lowered by and the actuator is shortened, and the gas is compressed when the actuator is elongated, and the arms are lifted, as a matter of routine engineering design choice.
Or,
Burrough does not disclose a couple of fluid accumulators;
However, Burrough discloses a fluid accumulator (fig.6: (55));
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to Burrough to add a second fluid accumulator in order to help distribute energy storage, handle different pressure requirements, and improve response times across complex circuits, since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). (MPEP 2144.04 VI, B). thereby having regulating the movement of the tensioning arms through a couple of fluid accumulators having a gas volume, so that the gas expands when the tensioning arms are lowered by and the actuator is shortened, and the gas is compressed when the actuator is elongated, and the arms are lifted.
Regarding claim 11, Burrough discloses comprising a step of connecting the accumulator to a passive piston-cylinder assembly to form an elastic unit (the arrangement of fig.6 is a passive piston-cylinder assembly to form an elastic unit).
Regarding claim 12, Burrough discloses a step of integrating the accumulator into a passive piston-cylinder assembly to form an elastic unit (the arrangement of fig.6 is a passive piston-cylinder assembly to form an elastic unit).
Regarding claim 13, Burrough discloses a step of modifying the tensioning of the belts in a range between a low value and high value and in response to setpoints which are selected by the operator (fig.6: the control valve (70) and fig.9).
Regarding claim 14, Burrough discloses wherein tensioning of the belts is regulated through a proportional valve (fig.6: the control valve (70)).
Claims 9, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Burrough (US4257219A) in view of Simmons (US20130298786A1)
Regarding claims 9, 15 and 20, Burrough does not disclose the limitations of the claims.
Simmons teaches a baler for forming round bales of crops (abstract), including:
a tensioning arm is articulated to a frame at a first end of the arm and includes a first arm roller placed at a second end of the arm and a second arm roller between the first end and the second end of the arm, the first and the second arm rollers being configured to cooperate with a plurality of guide rollers placed at an altitude higher with respect to that of the articulation point between the arm and the frame, where the belts are rolled up (paragraphs 0025-0026).
Both of the prior arts of Burrough and Simmons are related to a baler for forming round bales of crops;
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify each of tensioning arm of Burrough the configuration of the tensioning arm as taught by Simmons, since it has been held that combining prior art elements according to known methods to yield predictable results requires only routine skill in the art. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)]. Thereby having wherein each tensioning arm is articulated to the frame at a first end of the arm and includes a first arm roller placed at a second end of the arm and a second arm roller between the first end and the second end of the arm, the first and the second arm rollers being configured to cooperate with the plurality of guide rollers placed at an altitude higher with respect to that of the articulation point between the arm and the frame, where the belts are rolled up; and articulating the tensioning arms to a frame of the baler at a first end of the arms; providing the arms with a first arm roller placed at a second end of the arms and a second arm roller between the first end and the second end of the arms; placing the belts around the internal volume in a way that the first and the second arm rollers cooperate with the plurality of guide rollers placed at an altitude higher with respect to that of the articulation point between the arm and the frame, where the belts are rolled up; moving the arms in a synchronized way by means of the respective actuators.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED S ALAWADI whose telephone number is (571)272-2224. The examiner can normally be reached 08:00 am- 05:00 pm.
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/MOHAMMED S. ALAWADI/Primary Examiner, Art Unit 3725
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