CTNF 18/911,940 CTNF 84229 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-35 Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/911985 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of ‘985 is narrower in scope, and thus obviously encompasses the claimed subject matter . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 08-35 Claim s 1 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 2 of copending Application No. 18/911953 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of ‘953 are narrower in scope, thus obviously encompass the claimed subject matter . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 08-35 Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/912001 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of ‘001 is narrower in scope, thus obviously encompass the claimed subject matter . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 08-35 Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/911971 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because ‘971 is narrower in scope, thus obviously encompass the claimed subject matter . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 1, 5- 11, 13-18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noll, et al. US10455764 in view of Fasick, et al. US2024/0251710 Regarding claim 1 , Noll, et al. teaches an agricultural machine (Figure 1) for harvesting crop, comprising: a cutting head 300 configured to harvest crop and conduct harvested crop to a work machine 102 configured to process harvested crop (with 130), the cutting head including one or more ground engaging mechanisms 333 configured to rotate to propel the cutting head along a ground surface (Col 4: 1-2 "the wheels 333 could be configured to either propel or assist in propelling the harvester 100"). It is noted that the independent claims do not necessarily require the ground engaging mechanism and the propulsion system to be held on the cutting head, nor is the work machine positively required in the independent claims. Noll, et al. does not teach a propulsion system configured to provide power to the one or more ground engaging mechanisms to drive rotation thereof. Fasick, et al. teaches an agricultural machine (Figure 1) for harvesting crop, comprising: a cutting head 110 configured to harvest crop and conduct harvested crop to a work machine 100 configured to process harvested crop; one or more ground engaging mechanisms 102 (wherein wheels 102 are considered part of the cutting head since they are connected) configured to rotate to propel the cutting head 110 along a ground surface 153; and a propulsion system (Figure 2) configured to provide power to the one or more ground engaging mechanisms 102 to drive rotation (wherein Figure 2 shows 204a/b connected to 102a/b, respectively) thereof. It would have been obvious to a person having ordinary skill in the art, before the effective filing date. to modify Noll, et al.’s ground engaging means to include Fasick, et al.’s propulsion system as a known means for providing propulsion and rotation for ground engagement means to provide Noll, et al.’s propelling the harvester. Regarding claim 5 , Fasick, et al. teaches that the propulsion system (Figure 2) comprises: a hydraulic pump 202a/b located on the work machine 100; and a motor 204a/b coupled to the hydraulic pump 202a/b and located on the cutting head 110; wherein the motor is configured to provide power to the one or more ground engaging mechanisms 102 to drive rotation (wherein Figure 2 shows 204a/b connected to 102a/b, respectively) thereof. Regarding claim 6 , Fasick, et al. teaches that the propulsion system (Figure 2) comprises a motor 204a/b configured to provide power to the one or more ground engaging mechanisms 102; and wherein the motor 204a/b is configured to generate energy (rotational force necessarily provided to rotate the wheels). Regarding claim 7 , Fasick, et al. teaches that the one or more ground engaging mechanisms 102 of the cutting head 110 includes a first ground engaging mechanism and a second ground engaging mechanism (wheels 102a and b are shown); and wherein the propulsion system (Figure 2) includes a first motor 204a/b configured to provide power to the first ground engaging mechanism and a second motor 204a/b configured to provide power to the second ground engaging mechanism (Figure 2 shows respective connections between the motors and the wheels). Regarding claim 8 , Noll, et al. teaches the work machine 100; wherein the work machine 100 includes a plurality of subsystems 130 (wherein threshing system is considered the subsystems) configured to process harvested crop (via threshing); and wherein the agricultural machine (Figure 1) includes a prime mover 108 located on the work machine 100 and configured to power (Column 3: 10) the plurality of subsystems and the combination provides the prime mover powering the propulsion system (wherein Fasick, et al. teaches the prime mover as engine 105 that powers the pumps 210 and 202a, thus powers the propulsion system and the as shown in Figure 2). Regarding claim 9 , Noll, et al. of the combination teaches that the propulsion system is located partially on the cutting head 110 and partially on the work machine 100 (Column 4: 13-17 “the components of the system 205 that are located either in or on the vehicle 102 are bounded by box 219, whereas the remaining components of the system 205 may be located on the header 300 that is attached to the vehicle 102 .”). Regarding claim 10 , Fasick, et al. teaches that the propulsion system (interpreting components 205 as the propulsion system for this claim) is located entirely on the cutting head (Column 4: 13-17 the “remaining components of system 205…located on the header 300” indicates that 205 are held on the cutting head). Regarding claim 11 , Fasick, et al. teaches that the propulsion system (Figure 2) includes a motor 204a/b configured to rotate about a drive axis (horizontal line thru 102a/b shown in Figure 2) to provide power to a first ground engaging mechanism of the one or more ground engaging mechanisms 102; wherein the first ground engaging mechanism rotates about a driven axis(horizontal line thru 102a/b shown in Figure 2); and wherein the drive axis (horizontal line thru 102a/b shown in Figure 2) and the driven axis are aligned. Regarding claim 13 , Fasick, et al. teaches a controller 222 configured to adjust the power (as recited above) provided to the one or more ground engaging mechanisms 102 of the cutting head 110. Regarding claim 14 , Fasick, et al. teaches a user interface (operator input described in ¶0046) operatively coupled to the controller and configured to receive input from a user (the operator); wherein the controller is configured to adjust the power (the control overspeed described in ¶0046) provided to the one or more ground engaging mechanisms 102 of the cutting head 110 based on at least one signal received from the user interface (operator input) indicative of the input from the user. Regarding claim 15 , Noll, et al. teaches at least one sensor 220 operatively coupled to the controller 222 and configured to measure a work site characteristic including at least one of soil condition of the work site and terrain of the work site (Column 4: 34-37 “optical sensor for sensing either the vertical distance between the header 300 and the ground beneath or the vertical distance between the header 300 and the wheel 333”, wherein detecting the distance between the header and the ground beneath is measuring the terrain, as it relates to the header); wherein the controller 222 is configured to adjust the power provided to the one or more ground engaging mechanisms of the cutting head 300 based on at least one signal received from the at least one sensor indicative of at least one work site characteristic (Column 4: 42-52 “The sensor 220 communicates the sensed position of the header 300 in the form of an electrical signal, via a wired or wireless connection, to a controller 222 having a computer processor and a memory, which is shown schematically. The computer processor of the controller 222 determines whether the header 300 needs to be either raised or lowered based upon the difference between the sensed position and a pre-determined threshold value stored in memory. The controller 222 is configured to communicate with the electrically operated components of the lifting power unit 210 A, such as all of the valves, the pump 214 , and the sensor 220 .” The “raised or lowered” is considered an adjustment). Regarding claim 16 , Fasick, et al. teaches that the cutting head 110 includes a brake (braking force described in ¶0027) that, when engaged, causes rotation of the ground engaging mechanisms 102 to cease or slow. Regarding claim 17 , Noll, et al. teaches the work machine 100; wherein the work machine 100 is a combine (as shown in Figure 1) configured to thresh harvested crop received from the cutting head 300, via 118. Regarding claim 18 , Noll, et al. teaches an agricultural machine (Figure 1) for harvesting crop, comprising: a cutting head 300 configured to harvest crop and conduct harvested crop to a work machine 102 configured to process harvested crop (with 130), the cutting head including one or more ground engaging mechanisms 333 configured to rotate to propel the cutting head along a ground surface (Col 4: 1-2 "the wheels 333 could be configured to either propel or assist in propelling the harvester 100"). Noll, et al. does not teach the one or more ground engaging mechanisms 102 is configured to receive power from a prime mover that is also configured to provide power to the one or more subsystems of the work machine 100. Noll, et al. does, however, teach a prime mover (engine 105) ¶00015. Fasick, et al. teaches the one or more ground engaging mechanisms 102 is configured to receive power from a prime mover that is also configured to provide power to the one or more subsystems of the work machine 100. It would have been obvious to a person having ordinary skill in the art, before the effective filing date. to modify Noll, et al.’s ground engaging means to include Fasick, et al.’s propulsion system driven by the prime mover as a known means for providing propulsion and rotation for ground engagement means to provide Noll, et al.’s propelling the harvester. Regarding claim 20 , Noll, et al. teaches a method of propelling a cutting head 300 configured to harvest crop, comprising: providing power, via a propulsion system, to one or more ground engaging mechanisms 333 of the cutting head to drive rotation of the one or more ground engaging mechanisms and propel the cutting head (as recited above) along a ground surface (horizontal surface shown in Figure 1); Noll, et al. does not teach providing power, via a propulsion system, to the one or more ground engaging mechanisms; and adjusting, via a controller, the power provided by the propulsion system to the one or more ground engaging mechanisms of the cutting head. However, Noll, et al. does also teach a controller 222 to control movement of header 300 based on sensed positions Column 4: 46-52 (“The computer processor of the controller 222 determines whether the header 300 needs to be either raised or lowered based upon the difference between the sensed position and a pre-determined threshold value stored in memory. The controller 222 is configured to communicate with the electrically operated components of the lifting power unit 210 A, such as all of the valves, the pump 214 , and the sensor 220”) . Fasick, et al. teaches a method of propelling a cutting head 110 configured to harvest crop, comprising: providing power, via a propulsion system (Figure 2), to one or more ground engaging mechanisms 102 to drive rotation (wherein Figure 2 shows 204a/b connected to 102a/b, respectively) of the one or more ground engaging mechanisms 102 and propel the cutting head 110 along a ground surface 153; and adjusting, via a controller 222, the power provided by the propulsion system (Figure 2) to the one or more ground engaging mechanisms 102 of the cutting head 110 . 07-22-aia AIA Claim (s) 2-4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noll, et al. in view of Fasick, et. al . as applied to claim 1 above, and further in view of Sasahara, et al. US2011/0289896 . Regarding claim 2 , the combination teaches the claim, as described above, but does not teach that the propulsion system includes an electric motor located on the cutting head and configured to provide power to the one or more ground engaging mechanisms to drive rotation thereof. However, Fasick, et al. teaches the propulsion system with a motor (as described above). Sasahara, et al. teaches that it is known in the art for an agricultural vehicle 1 to have a ground engaging mechanism 7 that includes an electric motor 5 located on the cutting head 1a (wherein blades 9a provide cutting) and configured to provide power to the one or more ground engaging mechanisms to drive rotation thereof (for driving axle 6 ¶0035). It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Fasick, et al.’s propulsion system to instead be Sasahara, et al.’s electric motor propulsion system to provide desired axle and ground engaging means propulsion. Regarding claim 3 , Sasahara, et al. teaches the propulsion system comprises a battery 11 coupled to the electric motor. Regarding claim 4, Sasahara, et al. teaches the propulsion system comprises a generator coupled to the electric motor (shown in Figure 2). Regarding claim 12 , the combination teaches the claim, as described above, and Fasick, et al. teaches a motor (as recited above). The combination does not a motor configured to rotate about a drive axis to provide power to a first ground engaging mechanism of the one or more ground engaging mechanisms; wherein the first ground engaging mechanism rotates about a driven axis; and wherein the drive axis and the driven axis are not aligned. Sasahara, et al. teaches the motor 5 configured to rotate about a drive axis (along 53) to provide power to a first ground engaging mechanism (attached to 6a) of the one or more ground engaging mechanisms 7; wherein the first ground engaging mechanism rotates about a driven axis (axis of 6a); and wherein the drive axis and the driven axis are not aligned (Figure 2 shows these two are offset by gear train 70), to provide gear train 70 for reduction gearing ¶0051 from the motor output 71. It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify the combination’s drive axis and driven axis to be misaligned when using Sasahara, et al.’s gear train to provide reduction gearing to the respective ground engaging mechanisms . 07-22-aia AIA Claim (s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noll, et al. in view of Fasick, et. al . as applied to claim 18 above, and further in view of Reimers, et al. US20070204581 . Regarding claim 19 , the combination teaches the claim, as described above, but does not teach that the propulsion system (Figure 2) comprises a battery rechargeable by the prime mover and an electric motor coupled to the battery; and wherein the electric motor is located on the cutting head and configured to provide power to the one or more ground engaging mechanisms to drive rotation thereof. Sasahara, et al. teaches the propulsion system (as recited above) comprises a battery 11 and an electric motor 5 coupled to the battery (as shown in Figure 2); and wherein the electric motor is located on the cutting head (Figure 1 shows motor is on frame 1a, thus considered the cutting head) and configured to provide power to the one or more ground engaging mechanisms to drive rotation thereof (necessarily provided to rotate the wheels 7). It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Fasick, et al.’s propulsion system to instead be Sasahara, et al.’s electric motor propulsion system to provide desired axle and ground engaging means propulsion. Reimers, et al. teaches that it is known in the art for an agricultural vehicle 10 to have the propulsion system (Figure 3a) comprises a battery 127 rechargeable by prime mover (¶47 “internal combustion motor 110 provides mechanical energy via an output shaft 112 to an alternator 114. The output shaft 112 causes rotation of the rotor (not shown) of the alternator 114, thereby resulting in the alternator 114 producing electrical energy for output to a voltage regulator 116”) and an electric motor 118 coupled to the battery (as shown in Figure 3a); the electric motor 118 is located on the cutting head (Figure 1 shows motor is on frame 12, thus considered the cutting head, since cutters 18a/b are also held on frame 12) and configured to provide power to the one or more ground engaging mechanisms 14 to drive rotation thereof. The electric motor and batteries rechargeable from the prime mover provide a quieter fuel-efficient operation for the agricultural vehicle ¶0010 (“electrically-driven mower which utilizes a motor generator as an electrical energy source which operates in a quiet, highly efficient manner in order to conserve fuel”), thus providing extended range (¶0009 “minimizing mowing interruptions to re-charge the on-board batteries”). It would have been obvious to a person having ordinary skill in the art, before the effective filing date to replace the combination’s hydraulic pump and hydraulic motor with a quieter and more efficient battery and electric motor system, as taught by Reimers, et al., such that the prime mover of the combination recharges Reimer’s battery, to provide extended range. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cathleen Hutchins whose telephone number is (571)270-3651. The examiner can normally be reached M-F 11am-9:30PM EST. 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, Nicole Coy can be reached at (571)272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CATHLEEN R HUTCHINS/Primary Examiner, Art Unit 3672 6/11/2026 Application/Control Number: 18/911,940 Page 2 Art Unit: 3672 Application/Control Number: 18/911,940 Page 3 Art Unit: 3672 Application/Control Number: 18/911,940 Page 4 Art Unit: 3672 Application/Control Number: 18/911,940 Page 5 Art Unit: 3672 Application/Control Number: 18/911,940 Page 6 Art Unit: 3672 Application/Control Number: 18/911,940 Page 7 Art Unit: 3672 Application/Control Number: 18/911,940 Page 8 Art Unit: 3672 Application/Control Number: 18/911,940 Page 9 Art Unit: 3672 Application/Control Number: 18/911,940 Page 10 Art Unit: 3672 Application/Control Number: 18/911,940 Page 11 Art Unit: 3672 Application/Control Number: 18/911,940 Page 12 Art Unit: 3672 Application/Control Number: 18/911,940 Page 13 Art Unit: 3672 Application/Control Number: 18/911,940 Page 14 Art Unit: 3672 Application/Control Number: 18/911,940 Page 15 Art Unit: 3672 Application/Control Number: 18/911,940 Page 16 Art Unit: 3672
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