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 § 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)(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 1, 2, 9-12, 14, 16, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Pertics (US Patent No. 3,449,895).
In reference to claim 1, Pertics discloses a harvesting unit (Fig. 1) for movement according to a longitudinal direction along at least one row of plants 23 to harvest, the harvesting unit comprising:
a shaker system 30 including two shaker devices (Figs. 1 and 2) arranged to be moved longitudinally on either side of the row of plants 23 to shake the plants 23 (Figs. 1 and 2);
a collecting system for collecting detached crop falling from the shaken plants 23, the collecting system comprising two collecting mats (Fig. 2, each row of disks 43 constitutes a mat) disposed under respectively one shaker device 30 (Fig. 2); and
a conveying system for evacuating the crop from the collecting mats, each collecting mat being formed by a longitudinal alignment of collecting modules 43 that longitudinally overlap on one another, the collecting mats transversely overlapping on one another at their inward edges to form therebetween a path for trunks of the plants 23 (Fig. 1), each collecting module 43 comprising:
a collecting member that presents an upper wall (Fig. 5, the upper surface of module 43) forming a part of a corresponding one of the collecting mats, the collecting member being arranged to move away from the path upon bearing contact with one of the trunk passing into the path (Fig. 5, col. 3, lines 20-25, “mounting arm 47 swings about the pivot axis 48, 49 against the action of spring means 50, 51, 52 as required by the size of the bush or by the position of bush branches engaged by the disks”), and
a reinforcing member 44 of the upper wall against deformations thereof along a direction normal to the upper wall (Fig. 5), the reinforcing member 44 being arranged to move away from the path upon bearing contact with one of the trunks passing into the path (col. 3, lines 20-25, movement of the disk 43 would also involve movement of the reinforcing member 44).
In reference to claim 2, Pertics discloses that each collecting member is arranged to move away from the path within a radial direction of a plan of the upper wall upon bearing contact of its inward edge with one of the trunks passing into the path (col. 3, lines 20-25).
In reference to claim 9, Pertics discloses that each collecting module 43 presents a disk shape geometry around an axis that is normal to the upper wall thereof (Figs. 2 and 5).
In reference to claim 10, Pertics discloses a driving mechanism 55/56 that rotationally drives the collecting modules 43 around the axis that is normal to the upper wall thereof (Fig. 5).
In reference to claim 11, Pertics discloses that each collecting module 43 has a partial-disk shape geometry around an axis that is normal to the upper wall thereof (Figs. 2 and 5).
In reference to claim 12, Pertics discloses that the conveying system comprises two longitudinal conveyors 35 that are disposed along an outward edge of a respective collecting mat (Fig. 1), each collecting mat being transversely sloped downwardly towards an adjacent conveyor 35 to guide the crop collected by the collecting mat towards the conveyor 35 (Fig. 1).
In reference to claim 14, Pertics discloses a harvesting machine comprising:
a motorized support structure 20 movable along at least one row of plants 23 (Fig. 1); and
the harvesting unit of claim 1 mounted on the motorized support structure 20 for detaching the crop from the plants 23 (see above).
In reference to claim 16, Pertics discloses that each collecting member is arranged to move away from the path within a radial direction of a plan of the upper wall upon bearing contact of its inward edge with one of the trunks passing into the path (col. 3, lines 20-25).
In reference to claim 19, Pertics discloses that each collecting module 43 presents a disk shape geometry around an axis that is normal to the upper wall thereof (Figs. 2 and 5).
In reference to claim 20, Pertics discloses that the conveying system comprises two longitudinal conveyors 35 that are disposed along an outward edge of a respective collecting mat, each collecting mat being transversely sloped downwardly towards an adjacent conveyor 35 to guide the crop collected by the collecting mat towards the conveyor 35 (Fig. 1).
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Pertics (US Patent No. 3,449,895) in view of Tenias Sancho (US Patent Application Publication No. 2002/0029551).
In reference to claim 13, Pertics fails to disclose that the conveying system comprises two transverse conveyors that are disposed to be fed by respectively one longitudinal conveyor.
Tenias Sancho discloses a conveying system comprising two transverse conveyors 29 that are disposed to be fed by respectively one longitudinal conveyor 8 (par. 0039, peelers 29 constitute conveyors are they convey into hopper 28). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use transverse conveyors fed by longitudinal conveyors with a reasonable expectation of success so that harvested fruit can be conveyed to a hopper.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Pertics (US Patent No. 3,449,895) in view of Lange (French Patent Application Publication No. 2,607,091).
In reference to claim 15, Pertics fails to disclose that the harvesting unit is mounted on the motorized support structure in a pendulum manner about a horizontal and longitudinal axis.
Lange discloses a harvesting unit 5 mounted on a motorized support 2 in a pendulum manner about a horizontal and longitudinal axis (Fig. 2, via mount 13/14). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to mount a harvesting unit in a pendulum manner with a reasonable expectation of success so that the harvesting unit can swing to accommodate the plants.
Allowable Subject Matter
Claims 3-5, 6-8, 17 and 18 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. Heard (US Patent No. 5,956,933) discloses collecting members 106 formed as rotating disks (Fig. 6); Christie et al. (US Patent No. 3,385,042) discloses collecting mats comprising rotating disks 132 (Fig. 4).
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
6/15/26
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