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 .
Response to Amendment
The Examiner acknowledges Applicant’s amendment of claim(s) 8-9, 11 and 13; and cancelation of claim(s) 12 in Applicant’s Response to Official Action dated 09/28/2026 (“Response”). Claims 1-11 and 13-20 are currently pending in this application and are subject to examination herein.
Information Disclosure Statements
The two (2) information disclosure statements (IDSs) submitted on 07/13/2026 and 07/28/2026 were filed after the mailing date of the Non-Final Rejection on 07/02/2026, but included the fee pursuant to 37 CFR 1.17(p). The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2023/0076930 to Modak et al. (hereinafter Modak) (cited by Applicant in IDS filed on 10/23/2024) in view of Canadian Pat. Pub. No. CA 3 213 182 A1 to Barnett et al. (hereinafter Barnett).
Regarding claim 8, Modak discloses a system for controlling operation of a float arm (float arm(s) 214) (Fig. 2; Paras. [0034]-[0038], [0042]-[0044], [0047], [0051]-[0052], [0054], [0056]-[0063]) of an agricultural header (draper header 100) (Fig. 1; Paras. [0027]-[0028], [0030]-[0032], [0034]), the system comprising:
a frame (frame 102 and/or frame 200) (Figs. 1-2; Paras. [0025], [0027]-[0028], [0031]-[0032], [0034], [0037]) of the agricultural header (draper header 100) (Fig. 1; Paras. [0027]-[0028], [0030]-[0032], [0034]);
a float arm (float arm(s) 214) (Fig. 2; Paras. [0034]-[0038], [0042]-[0044], [0047], [0051]-[0052], [0054], [0056]-[0063]) pivotably connected to the frame (frame 102 and/or frame 200) (Figs. 1-2; Paras. [0025], [0027]-[0028], [0031]-[0032], [0034], [0037]), the float arm (float arm(s) 214) (Fig. 2; Paras. [0034]-[0038], [0042]-[0044], [0047], [0051]-[0052], [0054], [0056]-[0063]) movable between a locked configuration (rigid configuration) (Abstract; Paras. [0003]-[0006], [0023], [0037]-[0038], [0042], [0044], [0047], [0052]-[0053], [0056]-[0057], [0060]-[0064]) in which the float arm (float arm(s) 214) (Fig. 2; Paras. [0034]-[0038], [0042]-[0044], [0047], [0051]-[0052], [0054], [0056]-[0063]) is secured in a retracted position (Para. [0086]) and an unlocked configuration (flexible configuration) (Abstract; Paras. [0003]-[0006], [0023], [0036], [0038], [0042], [0044], [0047], [0056]-[0057], [0062]-[0064], [0088]-[0090]) in which the float arm (float arm(s) 214) (Fig. 2; Paras. [0034]-[0038], [0042]-[0044], [0047], [0051]-[0052], [0054], [0056]-[0063]) is released from the retracted position (Para. [0086]);
a first valve (valve 814) (Fig. 8; Paras. [0068]-[0071], [0075]-[0077], [0079], [0085]-[0086], [0088]) configured selectively to control flow of fluid from a source of pressurized fluid (pressurized hydraulic fluid line 808) (Fig. 8; Para. [0064]-[0072]);
a second valve (valve 860) (Fig. 8; Paras. [0078]-[0080], [0086], [0088]-[0091]) disposed downstream of the first valve (valve 814) (Fig. 8; Paras. [0068]-[0071], [0075]-[0077], [0079], [0085]-[0086], [0088]), the second valve (valve 860) (Fig. 8; Paras. [0078]-[0080], [0086], [0088]-[0091]) selectively movable into an open position to permit passage of fluid to a first location (line 864 and/or first end 866 of second actuator 868) (Fig. 8; Paras. [0078], [0086]) downstream of the second valve (valve 860) (Fig. 8; Paras. [0078]-[0080], [0086], [0088]-[0091]) and a closed position to prevent passage of fluid to the first location (line 864 and/or first end 866 of second actuator 868) (Fig. 8; Paras. [0078], [0086]);
an actuator (actuator 868) (Fig. 8; Paras. [0078], [0081], [0085]-[0089], [0091]-[0092], [0094], [0096], [0099]) disposed at the first location (line 864 and/or first end 866 of second actuator 868) (Fig. 8; Paras. [0078], [0086]), the actuator (actuator 868) (Fig. 8; Paras. [0078], [0081], [0085]-[0089], [0091]-[0092], [0094], [0096], [0099]) coupled to the float arm (float arm(s) 214) (Fig. 2; Paras. [0034]-[0038], [0042]-[0044], [0047], [0051]-[0052], [0054], [0056]-[0063]) and configured to move the float arm (float arm(s) 214) (Fig. 2; Paras. [0034]-[0038], [0042]-[0044], [0047], [0051]-[0052], [0054], [0056]-[0063]) between the locked configuration (rigid configuration) (Abstract; Paras. [0003]-[0006], [0023], [0037]-[0038], [0042], [0044], [0047], [0052]-[0053], [0056]-[0057], [0060]-[0064]) and the unlocked configuration (flexible configuration) (Abstract; Paras. [0003]-[0006], [0023], [0036], [0038], [0042], [0044], [0047], [0056]-[0057], [0062]-[0064], [0088]-[0090]);
one or more processors (processor 876) (Fig. 8; Paras. [0082]-[0083]); and
a non-transitory computer-readable storage medium (memory 878) (Fig. 8; Para. [0082]-[0083]) coupled to the one or more processors (processor 876) (Fig. 8; Paras. [0082]-[0083]) and storing programming instructions for execution by the one or more processors (processor 876) (Fig. 8; Paras. [0082]-[0083]), the programming instructions instruct the one or more processors (processor 876) (Fig. 8; Paras. [0082]-[0083]) to:
in response to a received input to place the float arm in the locked configuration (Para. [0086]), open the first valve (valve 814) (Fig. 8; Paras. [0068]-[0071], [0075]-[0077], [0079], [0085]-[0086], [0088]) or maintain the first valve (valve 814) (Fig. 8; Paras. [0068]-[0071], [0075]-[0077], [0079], [0085]-[0086], [0088]) in the open position (Para. [0086]);
open the second valve (valve 860) (Fig. 8; Paras. [0078]-[0080], [0086], [0088]-[0091]) or maintain that second valve (valve 860) (Fig. 8; Paras. [0078]-[0080], [0086], [0088]-[0091]) in the open position (Para. [0086]); and
actuate the actuator (actuator 868) (Fig. 8; Paras. [0078], [0081], [0085]-[0089], [0091]-[0092], [0094], [0096], [0099]) to move the float arm (float arm(s) 214) (Fig. 2; Paras. [0034]-[0038], [0042]-[0044], [0047], [0051]-[0052], [0054], [0056]-[0063]) into or towards the locked configuration (Para. [0086]) in response to fluid flow into the first location (line 864 and/or first end 866 of second actuator 868) (Fig. 8; Paras. [0078], [0086]) through the second valve (valve 860) (Fig. 8; Paras. [0078]-[0080], [0086], [0088]-[0091]); or
in response to a received input to place the float arm (float arm(s) 214) (Fig. 2; Paras. [0034]-[0038], [0042]-[0044], [0047], [0051]-[0052], [0054], [0056]-[0063]) in the unlocked configuration (flexible configuration) (Abstract; Paras. [0003]-[0006], [0023], [0036], [0038], [0042], [0044], [0047], [0056]-[0057], [0062]-[0064], [0088]-[0090]), close the first valve (valve 814) (Fig. 8; Paras. [0068]-[0071], [0075]-[0077], [0079], [0085]-[0086], [0088]) or maintain the first valve (valve 814) (Fig. 8; Paras. [0068]-[0071], [0075]-[0077], [0079], [0085]-[0086], [0088]) in a closed position (Para. [0088]);
open the second valve (valve 860) (Fig. 8; Paras. [0078]-[0080], [0086], [0088]-[0091]) or maintain the second valve in the open position (valve 860) (Fig. 8; Paras. [0078]-[0080], [0086], [0088]-[0091]); and
actuate the actuator (actuator 868) (Fig. 8; Paras. [0078], [0081], [0085]-[0089], [0091]-[0092], [0094], [0096], [0099]) to move the float arm (float arm(s) 214) (Fig. 2; Paras. [0034]-[0038], [0042]-[0044], [0047], [0051]-[0052], [0054], [0056]-[0063]) into the unlocked configuration (flexible configuration) (Abstract; Paras. [0003]-[0006], [0023], [0036], [0038], [0042], [0044], [0047], [0056]-[0057], [0062]-[0064], [0088]-[0090]) or from one position in the unlocked configuration (Para. [0088]) to a second position in the unlocked configuration (Para. [0088]) in response to fluid flow from the first location (line 864 and/or first end 866 of second actuator 868) (Fig. 8; Paras. [0078], [0086]) through the second valve (valve 860) (Fig. 8; Paras. [0078]-[0080], [0086], [0088]-[0091]).
However, Modak does not disclose an accumulator in fluid communication with the actuator. Nevertheless, Barnett teaches an accumulator (accumulator 553) (Fig. 43B-43C; Paras. [0124]-[0125], [0129]) in fluid communication with an actuator (LH float cylinder 528 and/or RH float cylinder 529) (Figs. 43B-43C; Paras. [0124]-[0125]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the system for controlling operation of a float arm disclosed in Modak with the accumulator taught in Barnett with a reasonable expectation of success in order to allow the float system to be pre-charged to a fluid pressure that is appropriate to the load of the wing sections (Para. [0125]). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the system for controlling operation of a float arm disclosed in Modak with the accumulator taught in Barnett with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter & Examiner's Reasons For Allowance
Claims 1-7, 11 and 13-20 are allowed.
Claims 1-7 are allowed for the same reasons provided in the Non-final Official Action dated 07/02/2026.
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to disclose or otherwise teach the combination of limitations claimed in the aforementioned claims. In particular regarding independent claim 11, the prior art of record fails to disclose or otherwise teach a method of controlling a configuration of a float arm of an agricultural header, the method comprising:
one of:
placing the float arm into a locked configuration including:
opening a first valve or maintaining the first valve in an open position to permit passage of fluid from a source of pressurized fluid through the first valve;
opening a second valve to permit flow of the fluid into a first location downstream of the second valve; and
moving the float arm into a locked configuration or towards the locked configuration in response to passage of the fluid into the first location;
sensing a fluid pressure of the fluid in the first location;
comparing the pressure with a first selected fluid pressure threshold; and
closing the second valve in response to the fluid pressure satisfying the first selected fluid pressure threshold; or
placing the float arm into an unlocked configuration including:
closing the first valve or maintain the first valve in a closed configuration to prevent passage of the fluid from the source of pressurized fluid;
opening the second valve to permit passage of the fluid from the first location; and
moving the float arm into the unlocked configuration or from one location to another location in the unlocked configuration in response to passage of the fluid from the first location.
Specifically, regarding independent claim 11, the prior art of record fails to disclose or otherwise teach a method of controlling a configuration of a float arm of an agricultural header, the method comprising placing the float arm into a locked configuration including opening a first valve or maintaining a first valve in an open position to permit fluid passage; opening a second valve to permit flow of the fluid into a first location downstream of the second valve; moving the float arm into a locked configuration or towards the locked configuration; sensing fluid pressure of the fluid in the first location; comparing the pressure with a first selected fluid pressure threshold; and closing the second valve in response to the fluid pressure satisfying the first selected fluid pressure threshold; or placing the float arm into an unlocked configuration including closing the first valve or maintaining the first valve in a closed configuration to prevent fluid passage; opening the second valve to permit fluid passage from the first location and moving the float arm into the unlocked configuration from one location to another location in the unlocked configuration in response to the fluid passage from the first location.
Claims 13-20 each depend, either directly or ultimately, from allowable, independent claim 11 and are, therefore, likewise allowed.
The closest prior art appears to be U.S. Pat. Pub. No. 2023/0076930 to Modak et al. (hereinafter Modak) (cited by Applicant in IDS filed on 10/23/2024) in view of Canadian Pat. Pub. No. CA 3 213 182 A1 to Barnett et al. (hereinafter Barnett). Modak discloses a system for controlling operation of one or more float arms of an agricultural header and a hydraulic system comprising a controller, pressure sensors, various control valves and check valves, but does not disclose the specific limitations regarding the first, second and third valves and does not disclose an accumulator as recited in Claim 1. Barnett teaches a float control system comprising an accumulator with a bypass/check valve, a pilot operated check valve, a control valve having a first, second and neutral position that control LH and RH float cylinders, but do not teach the structural limitations of the valves and accumulator required by Claim 1. Neither reference discloses or otherwise teaches a first valve movable between a first position in which the first valve transmits passage of the fluid from a source of pressurized fluid and a second position that prevents passage of the fluid from the source of pressurized fluid; a second valve positioned downstream of the first valve, the second valve movable between a third position configured to provide fluid communication to a first location downstream of the second valve and a fourth position configured to prevent fluid communication with the first location; an accumulator; and a third valve disposed between accumulator and the first location, the third valve movable between a fifth position to isolate the accumulator from the first location and a sixth position to provide fluid communication between the accumulator and the first location, wherein the second valve, in the third position, being configured to permit flow of the fluid from the source of pressurized fluid to the first location to cause the float arm to move to the locked configuration in response to the first valve being in the first position, and, in the third position, configured to permit flow of the fluid from the first location to cause the float arm to move to the unlocked configuration in response to the first valve being in the second position.
Claims 9-10 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.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAUDE J BROWN whose telephone number is (571)270-5924. The examiner can normally be reached Mon-Fri 8AM-5PM.
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, Joseph M. Rocca can be reached at (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671
