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 .
DETAILED ACTION
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 “the positive pressure source is a fan of an engine” (cl. 20) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Following on the heels of Liebel-Flarsheim v. Medrad, this case reaffirms the principle that the full scope of a claim must be enabled. Enablement of a single embodiment is not sufficient. As a matter of law, enablement of the novel aspects of an invention must be enabled by the specification even if implementation would have been within the PHOSITA’s skill level.
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.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains, in other words it should be amended to better comport with the elected and/or claimed invention.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc.
Also, the “is also included” should be removed.
The title of an invention should clearly and comprehensively reflect the subject matter and kind of the invention for which protection is sought, in other words the title should be commiserate with the claimed invention.
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.
Claim 18-20 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.
Lack of positive antecedent basis for “the seed transport system,” “the first sidewall,” “the second sidewall,” “the collection reservoir,” “the seed isolation system” (cl. 18), “the feed duct,” “the seed isolation system” (cl. 19), “the positive pressure source” (cl. 20).
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 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 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moreira et al (2013/0263563).
It should be noted that the recitation “for," "adapted," "arranged to” etc. is considered as merely an intended use. Applicants attention is drawn to MPEP 2111.02 which states that intended use statements must be evaluated to determine whether the intended use results in a structural difference between the claimed invention and the prior art. Only if such structural difference exists, does the recitation serve to limit the claim. If the prior art structure is capable of performing the intended use, then it meets the claim.
Since it is the language itself of the claims which must particularly point out and distinctly claim the subject matter which the applicant regards as his invention, without limitations imported from the specification, whether such language is couched in terms of means plus function or consists of a detailed recitation of the inventive matter. Limitations in the specification not included in the claim may not be relied upon to impart patentability to an otherwise unpatentable claim. In re Lundberg, 113 USPQ 530 (CCPA 1957).
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15. A seed harvester comprising:
a plurality of headers (each machine module best shown in fig 11, ref 27) coupled to the seed harvester (fig 11) with at least one of the plurality of headers including:
a seed dislodging system including a pass-through opening dimensioned to receive an associated living and rooted plant (fig 15), the seed dislodging system configured to dislodge associated seeds from the associated living and plant as the associated living and rooted plant passes through and exits the pass-through opening (as taught in par. 72, only the upper part of the plant, the “seeds” / grain & chaff are being separated, the living & rooted plant remains, see fig. above); and,
a seed collection system disposed in communication with the seed dislodging system, the seed collection system configured to collect the associated seeds dislodged from the associated living and rooted plant via the seed dislodging system (communication & configuration to collect taught in par. 71).
16. A seed harvester according to claim 15, wherein the plurality of headers comprises a first dislodging member, a first sidewall, a second dislodging member, a second sidewall opposite the first sidewall, and a collection reservoir coupled to at least one of the first sidewall and the second sidewall (left & right sides of the airduct regarded as the sidewalls; dislodging members are the bristles marked up above).
17. A seed harvester according to claim 15 further comprising a seed transport system configured to transport the associated dislodged seeds to a seed isolation system configured to isolate the associated dislodged seed from a waste material (air duct 12, conveyor duct 9).
18. A seed harvester according to claim 15, wherein the seed transport system comprises a blower (2) coupled to one of the first sidewall and the second sidewall (fig 3) and configured to move the associated dislodged seeds to a rear portion of the collection reservoir (grain collector, par. 96 and/or reservoir, par. 99) and a feed duct (12) configured to receive the associated dislodged seeds from the collection reservoir and transport the associated dislodged seeds to the seed isolation system (inertial chamber 4, par. 66).
19. A seed harvester according to claim 15 further comprising a pump duct (between the blower 2 and feed duct is another duct, not numbered, fig 2) coupled to the feed duct and configured to assist in transporting the associated dislodged seeds to the seed isolation system utilizing a positive pressure source (inherent use of the blower & its blower duct).
The following method steps are already addressed in the apparatus above, unless otherwise noted:
1. A method of harvesting a seed from a living and rooted plant utilizing a seed harvester, the method comprising: contacting the living and rooted plant with a dislodging member of a seed dislodging system on the seed harvester and thereby dislodging the seed from the living and rooted plant such that the plant remains living and rooted; collecting the seed via a seed collection system on the seed harvester while the plant remains living and rooted; transporting the seed via a seed transport system on the seed harvester from the seed collection system to a seed isolation system on the seed harvester while the plant remains living and rooted; and, isolating the seed from a waste material via the seed isolation system (cl. 15, 18).
2. A method according to claim 1, wherein contacting the living and rooted plant with the dislodging member includes causing the seed to fall from the living and rooted plant via force of gravity to the seed collection system while the plant remains living and rooted (fig 2, 11).
3. A method according to claim 1, wherein collecting the seed includes positioning a collection reservoir comprising an elongated channel beneath a portion of the living and rooted plant prior to contacting the living and rooted plant with the dislodging member (cl. 18, elongated channel or divider / shoes, fig 11, 14).
4. A method according to claim 1, wherein transporting the seed includes generating pressurized gas flow along the seed collection system thereby moving the seed in the pressurized gas flow toward the seed transport system (cl. 15).
5. A method according to claim 1, wherein transporting the seed includes generating pressurized gas flow along a feed duct of the seed transport system thereby moving the seed in the pressurized gas flow through the feed duct from the seed collection system to the seed isolation system (cl. 18).
6. A method according to claim 1, wherein isolating the seed from the waste material includes tumbling the seed and the waste material in a tumbler of the seed isolation system that includes a separator surface and an opening with the seed exiting the tumbler through the separator surface and the waste material exiting the tumbler through the opening (tumbler with screen 20; par. 100).
The following are already recited above, unless otherwise noted:
7. A seed harvesting header for a seed harvester, the seed harvesting header operable to harvest associated seeds from an associated living and rooted plant with the associated plant remaining living and rooted after harvesting, the seed harvesting header comprising: a first sidewall and a second sidewall opposite the first sidewall such that a pass-through opening is at least partially defined therebetween; a first dislodging member supported along the first sidewall and extending into the pass-through opening from along the first sidewall such that motion of the first dislodging member is operative to dislodge associated seeds from the associated living and rooted plant with the associated plant remaining living and rooted as the associated living and rooted plant exits the pass-through opening; a second dislodging member supported along the second sidewall and extend into the pass-through opening from along the second sidewall such that motion of the second dislodging member is operative to dislodge associated seeds from the associated living and rooted plant with the associated plant remaining living and rooted as the associated living and rooted plant exits the pass-through opening; a collection reservoir beneath at least one of the first sidewall and the second sidewall (15, 16).
8. A seed harvesting header according to claim 7 further comprising a collection shroud disposed between the first and second sidewalls and at least partially defining the pass-through opening (shroud/casing 28).
9. A seed harvesting header according to claim 7, wherein the first and second dislodging members comprise flexible bristles configured to contact the associated living and rooted plant and dislodge associated seeds from the associated living and rooted plant (bristles, par. 74).
10. A seed harvesting header according to claim 7, wherein the collection reservoir comprises a substantially U-shaped elongated channel configured to receive associated dislodged seeds (fig 2, ref 12).
11. A seed harvesting header according to claim 7, wherein the header is configured to be rotatably mounted to a front end of the seed harvester via a header mount (figs 11, 13).
12. A seed harvesting header according to claim 7 further comprising a guide wheel extending from beneath the header and configured to support the header along an associated ground surface (32).
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13. A seed harvesting header according to claim 7 further comprising a guide wedge configured to guide the living and rooted plant into the pass-through opening (marked up).
14. A seed harvesting header according to claim 7, wherein the collection reservoir further comprises a blower coupled along at least one of the first sidewall and the second sidewall, the blower configured to move associated dislodged seeds to a rear portion of the collection reservoir (cl. 18).
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(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moreira et al (2013/0263563).
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Moreira teaches the claimed invention of a self-propelled harvester, fig 11, and describing Species I for positive pressure, blower 2, however the alternate Species II (see Drawing’s Objection) as claimed is not shown:
20. A seed harvester according to claim 15, wherein the positive pressure source is a fan of an engine on the seed harvester (not shown).
To adequately traverse a finding of Official Notice, an applicant must specifically point out the supposed errors in the examiner’s action, which would include stating why the noticed fact is not considered to be common knowledge or well-known in the art. See 37 CFR 1.111(b). See also Chevenard, 139 F.2d at 713, 60 USPQ at 241 (“[I]n the absence of any demand by appellant for the examiner to produce authority for his statement, we will not consider this contention.”). A general allegation that the claims define a patentable invention without any reference to the examiner’s assertion of official notice would be inadequate. If applicant adequately traverses the examiner’s assertion of official notice, the examiner must provide documentary evidence in the next Office action if the rejection is to be maintained. See 37 CFR 1.104(c)(2). See also Zurko, 258 F.3d at 1386, 59 USPQ2d at 1697 (“[T]he Board [or examiner] must point to some concrete evidence in the record in support of these findings” to satisfy the substantial evidence test). If the examiner is relying on personal knowledge to support the finding of what is known in the art, the examiner must provide an affidavit or declaration setting forth specific factual statements and explanation to support the finding. See 37 CFR 1.104(d)(2).
If applicant does not traverse the examiner’s assertion of official notice or applicant’s traverse is not adequate, the examiner should clearly indicate in the next Office action that the common knowledge or well-known in the art statement is taken to be admitted prior art because applicant either failed to traverse the examiner’s assertion of official notice or that the traverse was inadequate. If the traverse was inadequate, the examiner should include an explanation as to why it was inadequate.
Consequently, the following is deemed to be "well known": alternate source (Species II) of positive pressure being the engine fan.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892.
Gustav (1604458) teaches: harvesting seeds of grain from the standing vegetation such that the latter will be left standing after thrashing / dislodging, which members are on either sides (ln 58-45), collector to catch the grain / seed (ln 92-97).
Klinner (4951451) teaches dislodging seeds without cutting the plant:
“The present invention relates to apparatus for, and a method of, harvesting crops. It is concerned with detaching from plants, without cutting them, seeds, seed-bearing parts, seed bodies, and certain fruits and/or foliage, collecting the detached material and separating from it the wanted plant parts. The invention has particular application in the harvesting of grain crops, such as wheat, barley, oats and rice, but also has application in the harvesting of pulses, oilseeds and herbage seeds.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARPAD FABIAN-KOVACS whose telephone number is (571) 272-6990. The examiner can normally be reached Mo-Th.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R Anderson can be reached on (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARPAD FABIAN-KOVACS/
Primary Examiner, Art Unit 3671
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