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 second tensioning arm as set forth in claim 1, line 19;
the second tensioning arm’s first and second end as set forth in claim 5, lines 2-3;
the plurality of belts including 5 belts as set forth in claim 12, lines 2-3
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 Objections
Claims 1, 9 and 18-20 are objected to because of the following informalities:
Claim 1, line 7 recites “wherein the crops is fed to”, should read – wherein the crops are fed to –.
Claim 9, line 4 recites “a start value”, should read – the start value – due to earlier mention of the start value in claim 1, line 25.
Claim 18, lines 2 and 3 recites “the arm”, should read – the pair of tensioning arms – due to earlier mention of the pair of claims in claim 14, line 15.
Claim 19, line 2 recites “at top part of”, should read –at a top part of –.
Claim 20, line 4 recites “a start value”, should read – the start value – due to earlier mention of the start value in claim 14, lines 18-19.
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 6-7 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 6, lines 3, 4, and 5 recite “the arm”, however, it is dependent on claim 1 that sets forth both a first and second tensioning arm in lines 18-19. It is unclear which arm of the two tensioning arms is being claimed and therefore the claim is rejected for being indefinite.
For the purpose of the examination, the examiner is interpreting “the arm” to mean both the first and second tensioning arms due to both arms being identical and connected on either side of the frame of the baler.
Due to dependency on claim 6, claim 7 is rejected, as well as for also reciting “the arm” in line 2.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4-9, 14, and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Viaud (US 7171892 B2).
Regarding claim 1, Viaud teaches a baler [10] for forming round bales of crops, including
- a frame [12] providing an internal volume (see Fig. 1);
- a feeding unit [26] attached to the frame and configured for picking up crops from the ground and for feeding it into the baler (through the pick-up [60]), the feeding unit having an inlet (see below) facing the ground and an outlet (see below) facing the internal volume;
- a compression chamber [36] for compressing the crops to form the bale, the compression chamber being of a variable diameter (diameter varies depending on influx of crop material through belts [22] and tensioning arms [42], see Col. 7, lines 12-22 and 31-39), wherein the crops is fed to the compression chamber from the outlet of the feeding unit in a feeding direction (see below and Col. 7, lines 1-6);
- a plurality of guide rollers [18 and 20] placed inside the internal volume and including a pair of entrance rollers [A and g];
- a plurality of belts ([22], see Col. 6, lines 15-17) placed side by side in the internal volume and wound around the guide rollers so to define an endless loop (see Fig. 1), the loop being flexible for delimiting the compression chamber (see Figs. 1-2), wherein the guide rollers are rotatable for driving the belts around the loop (see Col. 5, lines 33-36 and Col. 6, lines 20-31), wherein an entrance portion (see below) of the loop between the entrance rollers is transversal to the feeding direction and located at the outlet of the feeding unit so that the crops contacts the entrance portion of the loop upon entering the internal volume (see below);
- a tensioning system [14] configured for applying a tension to the belts so to generate a corresponding pressure on the crops contained inside the compression chamber (provides tension on the belts to form a wanted density on the bale, see Col. 6, lines 39-44), the tensioning system including a first tensioning arm [42] and a second tensioning arm ([42] on other side; tensioning system forms a “U-shape” with two tensioning arms on either side of the frame, see Col. 4, lines 43-49) articulated to the frame (articulated through pivot [40], see Col. 4, lines 37-40 and Figs. 1-2), to move between a bale starting position (position where tensioning arms are at their lowest, see Fig. 1 and Col. 7, lines 14-22), where the formation of the bale is being started, and a full bale position (tensioning arms are at the highest position, see Fig. 2 and Col. 7, lines 31-37) where a complete bale [38] is formed inside the compression chamber, wherein the tensioning system is configured for adjusting the tension of the belts to a tensioning set point (resistance applied to the tensioning arms is adjustable, tensioning set point is the amount of resistance needed on the arms for forming a wanted density on the bale, see Col. 6, lines 39-44);
- a control unit [24], wherein the control unit is connected to the tensioning system (see Col. 6, lines 32-36) and is programmed for automatically setting the tensioning of the belts to a start value (near-zero tension, see Col. 6, lines 39-44 and Col. 7, lines 14-22), with the tensioning arms being in the bale starting position (when tensioning arms are at their lowest position, near-zero tension is applied, see Col. 7, lines 14-22), and for automatically increasing the tensioning of the belts to reach the tensioning set point (control unit increases the tension until the wanted density of the bale is reached, see Col. 6, lines 39-44 and Col. 7, lines 23-39) responsive to a predetermined swivel angle (swivel angle between bale starting position and full bale position, see Figs. 1-2) of the tensioning arms around an articulation point [40] as the arms move upwards during bale formation, the articulation point being the point where the tensioning arms are articulated to the frame of the baler (see Col. 4, lines 37-40 and Figs. 1-2).
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Regarding claim 4, Viaud teaches comprising a feeding roller [64] placed between the outlet (see above) of the feeding unit [26] and the entrance rollers [A and g], the feeding roller being configured to push the crops towards the compression chamber [36] in order to contribute to the feeding of the crops to the compression chamber (see Col. 7, lines 1-7).
Regarding claim 5, Viaud teaches wherein each of the first tensioning arm [42] and the second tensioning arm ([42], on the other side) has a first end (see below) and a second end (see below) and is articulated to the frame at the first end of the arm (through [40], see Col. 4, lines 37-40) in a way that the arm is distant from the plurality of guide rollers ([18 and 20]; see Fig. 1) with respect to an advancing direction (see below) of the baler [10].
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Regarding claim 6, Viaud teaches wherein the plurality of guide rollers [18 and 20] includes a first guide roller [D], a second guide roller [F] and a third roller [E], the first, the second and the third rollers being placed at a higher altitude with respect to the articulation point ([40], see Fig. 1) between the arm ([42]; placed between for movement relative to the frame, see Fig. 1) and the frame [12], wherein the arm has a first arm roller [b] at the second end (see above) thereof and a second arm roller [c] between the first and the second end of the arm (see above and Col. 5, lines 43-50), which are configured to cooperate with the first, the second and the third roller so that the belts [22] are stretched between
the first guide roller and the first arm roller (see below);
the first arm roller and the second guide roller (see below);
the second guide roller and the second arm roller (see below),
the second arm roller and the third guide roller (see below) (please see 112(b) rejection above).
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Regarding claim 7, Viaud teaches wherein the second [F] and the third guide rollers [E] are placed between the first end (see above) and the second end (see above) of the arm along the advancing direction (see above).
Regarding claim 8, Viaud teaches wherein at least one guide roller (rollers [a-e] of the plurality of guide rollers [18 and 20]) is displaceable (see rollers in Figs. 1-2, displace upwards as the bale grows) in order to obtain a larger compression chamber [36].
Regarding claim 9, Viaud teaches wherein the control unit [24] is configured to modify the tensioning of the belts [22] in a range between a low value and high value (range between when tensioning arms are at lowest position, low tension applied as bale is beginning to form, and when tensioning arms are at highest position, full tension applied as bale is fully formed, see Col. 7, lines 23-37 and 49-55) and in response to setpoints (setpoints are selected desired density of the bale, see Col. 6, lines 39-44) which are selectable by the operator (see Col. 6, lines 37-39), and wherein the control unit is programmed for automatically setting the tensioning of the belts at a start value (initial bale starting position with tensioning arms at lowest position with near-zero tension applied, see Col. 6, lines 39-44) which is lower than the low value (start value is lower due to near-zero tension applied, low value has tension due to the beginning of the bale forming, see Col. 6, lines 39-44 and Col. 7, lines 23-27).
Regarding claim 14, Viaud teaches a method for forming round bales (method of using baler [10]), comprising the following steps:
- providing a baler [10] with a plurality of guide rollers [18 and 20] placed inside an internal volume (see Fig. 1) of the baler and including a pair of entrance rollers [A and g];
- placing a plurality of belts ([22], see Col. 6, lines 15-17) side by side in the internal volume and wind them around the guide rollers so as to define an endless loop (see loop in Fig. 1), the loop being flexible for delimiting a compression chamber ([36]; see Figs. 1-2);
- rotating the guide rollers (see Col. 5, lines 33-36 and Col. 6, lines 20-31) for driving the belts around the loop;
- feeding the crops into the compression chamber of the baler through a feeding unit ([26]; through the pick-up [60]) in a feeding direction (see below) in a way that the crops contacts an entrance portion of the loop (see below), which is transversal to the feeding direction and stretched between the entrance rollers, upon entering the internal volume (see below);
- applying a tension to the belts so to generate a corresponding pressure on the crops contained inside the compression chamber (through tensioning assembly [14] and control unit [24], see Col. 6, lines 32-36);
- adjusting the tension of the belts to a tensioning set point and compressing the crops to form the bale in the compression chamber (setpoint is the desired density of the bale, compresses to the density through tensioning assembly [14], see Col. 6, lines 39-44);
- moving a pair of tensioning arms ([42]; tensioning assembly [14] forms a “U-shape” with two tensioning arms on either side of the frame, see Col. 4, lines 43-49) between a bale starting position (position where tensioning arms are at their lowest, see Fig. 1 and Col. 7, lines 14-22), where the formation of the bale is being started, and a full bale position (position where tensioning arms are at the highest, see Fig. 2 and Col. 7, lines 31-37), where a complete bale [38] is formed inside the compression chamber,
characterized in that, the method includes a step of automatically setting the tensioning of the belts to a start value (near-zero tension, see Col. 6, lines 39-44 and Col. 7, lines 14-22), with the tensioning arms being in the bale starting position (when tensioning arms are at their lowest position, near-zero tension is applied, see Col. 7, lines 14-22), and automatically increasing the tensioning of the belts to reach the tensioning set point (control unit increases the tension until the wanted density of the bale is reached, see Col. 6, lines 39-44 and Col. 7, lines 23-39) responsive to a predetermined swivel angle (swivel angle between bale starting position and full bale position, see Figs. 1-2) of the tensioning arms around an articulation point [40] as the arms move upwards during bale formation, the articulation point being the point where the tensioning arms are articulated to the frame of the baler (see Col. 4, lines 37-40 and Figs. 1-2).
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Regarding claim 17, Viaud teaches a step of pushing the crops towards the compression chamber [36] through a feeding roller ([64], see Col. 7, lines 1-7) in order to enhance the movement of the crops from the feeding unit [26] to the compression chamber in the feeding direction (see above).
Regarding claim 18, Viaud teaches comprising a step of articulating the arm ([42]; through [40], see Col. 4, lines 37-40) at a first end (see below) of the arm to a frame [12] of the baler [10] in a way that the arm is distant from the plurality of guide rollers [18 and 20] with respect to an advancing direction (see below) of the baler.
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Regarding claim 19, Viaud teaches comprising a step of displacing (see rollers in Figs. 1-2) at least one guide roller (rollers [a-e]) of the plurality of the guide rollers [18 and 20] at top part (rollers move to the top of the internal volume to make room as the bale grows, see Figs. 1-2) of the internal volume (see Fig. 1), in order to obtain a larger compression chamber [36].
Regarding claim 20, Viaud teaches comprising a step of modifying the tensioning of the belts [22] in a range between a low value and high value (range between when tensioning arms are at lowest position, low tension applied as bale is beginning to form, and when tensioning arms are at highest position, full tension applied as bale is fully formed, see Col. 7, lines 23-37 and 49-55) and in response to setpoints (setpoints are selected desired density of the bale, see Col. 6, lines 39-44) which are selected by the operator (see Col. 6, lines 37-39), and automatically setting the tensioning of the belts at a start value (initial bale starting position with tensioning arms at lowest position with near-zero tension applied, see Col. 6, lines 39-44) which is lower than the low value (start value is lower due to near-zero tension applied, low value has tension due to the beginning of the bale forming, see Col. 6, lines 39-44 and Col. 7, lines 23-27).
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.
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) 2-3 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Viaud (US 7171892 B2) in view of Viaud et al. (US 5025718 A); hence forth Roth et al. for clarity.
Regarding claims 2 and 15, Viaud teaches wherein the tensioning system [14] includes a first and a second actuator ([58]; one connected to each tensioning arm [42] on either side of the frame, see Col. 6, lines 32-36), the actuators being configured to apply a predetermined amount of resistance (actuators apply the resistance set by the control unit [24], see Col. 6, lines 39-44) on the tensioning arms ([42]; tensioning assembly [14] forms a “U-shape” with two tensioning arms on either side of the frame, see Col. 4, lines 43-49) during the upwards movement of the tensioning arms (see Col. 7, lines 23-27), wherein the control unit is configured to set the tensioning of the belts to the start value (near-zero tension, see Col. 6, lines 39-44 and Col. 7, lines 14-22).
But Viaud fails to explicitly disclose each actuator having a tube divided into two chambers, wherein a fluid moves between the chambers, wherein the control unit is configured to set the tensioning of the belts to the start value by activating a bypass valve, configured to keep the fluid in equilibrium between the two chambers so that the pressure exerted by the actuators on the tensioning arms is near zero.
Roth et al. discloses a similar baler [10] comprising a first and a second actuator ([80], one on either side of the tensioning arm [70], see Col. 3, lines 65-67 and Col. 4, lines 1-3) each having a tube (see Fig. 3) divided into two chambers (piston and rod chambers), wherein a fluid moves between the chambers (hydraulic fluid, see Col. 4, lines 10-14), and wherein a control unit ([110], see Col. 4, lines 46-62) is configured to set the tensioning of the belts to the start value (sets the tensioning of the belts to a near-zero tension start value by closing switches [112 and 114], activating the bypass valve and preventing increase of tension, see Col. 4, lines 46-62) by activating a bypass valve ([100], see Col. 4, lines 19-27 and 54-57), configured to keep the fluid in equilibrium between the two chambers so that the pressure exerted by the actuators on the tensioning arms is near zero (near-zero pressure exerted onto the tensioning arms, see Col. 5, lines 24-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the hydraulic circuity of the actuators of Roth et al. on the actuators Viaud in order to vary the amount of pressure provided on the tensioning arms through the actuator, allowing for the capability to make soft bales, when minimal pressure is provided, and dense bales, when maximum pressure is provided (see Roth et al. Col. 2, lines 3-13). It can be seen then that when the hydraulic circuitry of Roth et al. is provided to the actuators of Viaud that the control unit, when setting a near-zero start value, activates the bypass valve of Roth et al. in order to continue to apply near-zero tension (see Roth et al. Col. 4, lines 46-62 and Col. 5, lines 24-31).
Regarding claims 3 and 16, Roth et al., of the above resultant combination, further discloses wherein the control unit ([110], see Col. 4, lines 46-62) is configured to modify the tensioning of the belts (when switches of the control unit [112 and 114] are open, tension is modified, see Col. 4, lines 46-53 and Col. 5, lines 9-16) through a proportional valve ([108]; when bypass valve closes, proportional valve opens, adjusting the flow between the piston and rod, see Col. 5, lines 9-23).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Viaud (US 7171892 B2) in view of Bandstra (US 7104189 B2).
Regarding claim 10, Viaud discloses the baler as applied above, as well as each belt of the plurality of belts [22] having a width (not shown but inherently present), but fails to explicitly disclose wherein the width of each belt of the plurality of belts is at least 230 mm.
Bandstra discloses a similar baler [16] wherein the width of each belt [20] of the plurality of belts is at least 230 mm (width of the belts can be 14 inches or 357 mm; therefore, at least 230 mm, see Col. 3, lines 17-21).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the plurality of belts of Viaud with the plurality of belts having a width of at least 230 mm of Bandstra since both are belts used for forming a bale inside a compression chamber; therefore, yielding the same predictable result.
Claim(s) 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Viaud (US 7171892 B2) in view of Vermeer (US 3722197 A)
Regarding claim 11, Viaud discloses the baler as applied above, as well as, the plurality of belts ([22], see Col. 6, lines 15-17), but fails to explicitly disclose the plurality of belts includes four belts.
Vermeer discloses a similar baler (see Fig. 1) wherein the plurality of belts [51] includes four belts (comprises of 10 belts, see Fig. 1; therefore, includes four belts).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to make the plurality of belts of Viaud include four belts as taught by Vermeer as both are a plurality of belts used within a baler to form a bale; therefore, yielding the same predictable result.
Regarding claim 13, Viaud discloses the baler as applied above, as well as, the pair of entrance rollers [A and g] and the entrance portion (see above and Figs. 1-2) is stretched between the entrance rollers, but fails to disclose the pair of entrance rollers are two consecutive guide rollers.
Vermeer discloses a similar baler (see Fig. 1) wherein the pair of entrance rollers [41 and 46] are two consecutive guide rollers (only belt portion [77] runs between the entrance rollers).
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 baler of Viaud to make the entrance rollers be consecutive guide rollers as taught by Vermeer in order for the entrance rollers to apply more direct pressure onto the belt as the crop material is inserted, forming a tight bale better adapted for field storage purposes (see Vermeer Col. 5, lines 42-53).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Viaud (US 7171892 B2) in view of AgProud.com (https://www.agproud.com/articles/32770-bale-sizes-and-shapes-picking-what-s-right-for-you); hence forth AgProud and Vermeer (US 3722197 A).
Regarding claim 12, Viaud discloses the baler as applied above, as well as, the compression chamber [36] having a variable width (see Figs. 1-2) through the plurality of belts [22] and tensioning arms [42] for forming a round baler [38], but fails to explicitly disclose wherein the compression chamber has a width equal to 1542 mm and wherein the plurality of belts includes 5 belts.
However, AgProud discloses the average width of a round baler to be 4-5 feet or 1219-1542 mm (see Table 2 in attached NPL).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the compression chamber width of Viaud be equal to 1542 mm in order to form a bale of the average width as taught by AgProud (see Table 2 in attached NPL).
But AgProud fails to disclose wherein the plurality of belts includes 5 belts.
Vermeer discloses a similar baler (see Fig. 1) wherein the plurality of belts [51] includes 5 belts (comprised of 10 belts, see Fig. 1; therefore, includes 5 belts).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to make the plurality of belts of Viaud include 5 belts as taught by Vermeer as both are a plurality of belts used within a baler to form a bale; therefore, yielding the same predictable result.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for the full list of references.
Reference US 8281713 B2 discloses a similar baler [10] comprising a tensioning unit [44] and a control unit [102].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNNY WEBB whose telephone number is (571)272-3830. The examiner can normally be reached Monday - Friday 8:30 to 5:30 E.T..
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/SUNNY D WEBB/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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