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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 16, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
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. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of the phrase “are also disclosed” on line 10. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 19 is objected to because of the following informalities:
In claim 19, line 3, it appears that “between intermediate frame section” should be – between the intermediate frame section--.
Appropriate correction is required.
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 (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 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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stark (USP 10,314,223).
Regarding claims 1, 13 and 18-20: Stark discloses an agricultural implement and method of using the implement, comprising:
a center frame section (as seen in figure 1, area of 10);
an intermediate frame section (as seen in figure 1, area of 11a) pivotally coupled to a side of the center frame section (as seen in figure 1, area of 13a);
a wing frame section (as seen in figure 1, area of 12a) pivotally coupled to the intermediate frame section (as seen in figure 1, area of 14a);
a first actuator (as seen in figure 1, area of 15a) operably coupled to the center frame section and the intermediate frame section;
a second actuator (as seen in figure 1, area of 16a) operably coupled to the wing frame section and the intermediate frame section;
a first sensor (as seen in figure 1, at 20) configured to sense a position of the intermediate frame section relative to the center frame section (column 6, lines 27-37);
a second sensor (as seen in figure 1, at 20) configured to sense a position of the wing frame section relative to the intermediate frame section; and
a control system (as seen in figure 1, generally 100) configured to control the first actuator and the second actuator to adjust the position of the intermediate frame section based at least in part on the sensed position of the intermediate frame section relative to the center frame section (column 2, lines 5-21).
Regarding claims 2 and 3: Stark discloses the agricultural implement of claim 1. Further, Stark discloses the use of both linear and rotary sensors in concert with such a device (via the incorporation of USP 6,220,366 in column 1, lines 43-48 and with the ‘366 patent discussing both linear and rotary sensors being employed in column 2, lines 5-8).
Regarding claims 4, 6 and 7: Stark discloses the agricultural implement of claim 1. Further, Stark discloses wherein the control system is capable of being configured to cause the second actuator to rotate the wing frame section after causing the first actuator to rotate the intermediate frame section relative to the center frame section, wherein the control system is capable of being configured to cause the second actuator to be displaced by a same percentage of a total displacement as the first actuator or wherein the control system is capable of being configured to maintain the wing frame section substantially parallel to the center frame section by causing the second actuator to rotate the wing frame section relative to the intermediate frame section (column 6, line 51 to column 7, line 2).
Regarding claim 5: Stark discloses the agricultural implement of claim 1. Further, Stark discloses wherein the first actuator comprises a first hydraulic cylinder; and the second actuator comprises a second hydraulic cylinder (column 5, lines 50-53).
Regarding claim 8: Stark discloses the agricultural implement of claim 1. Further, Stark discloses wherein the control system is configured to independently control the first actuator and the second actuator (column 3, line 59 to column 4, line 8).
Regarding claims 9-11: Stark discloses the agricultural implement of claim 1. Further, Stark discloses wherein the implement comprises: a center toolbar operably coupled to the center frame section; and a wing toolbar operably coupled to the wing frame section and row units operably coupled to each of the center toolbar and the wing toolbar (as seen in figures 2a and 2b).
Regarding claim 12: Stark discloses the agricultural implement of claim 1. Further, Stark discloses wherein the implement comprises:
an other intermediate frame section (as seen in figure 1, area of 11b) operably coupled to the center frame section;
another wing frame section (as seen in figure 1, area of 12b) operably coupled to the another intermediate frame section;
a third actuator (as seen in figure 1, area of 15b) operably coupled to the center frame section and the another intermediate frame section and configured to rotate the another intermediate frame section relative to the center frame section; and
a fourth actuator (as seen in figure 1, area of 16b) operably coupled to the another intermediate frame section and the another wing frame section and configured to rotate the another wing frame section relative to the another intermediate frame section.
Regarding claim 14: Stark discloses the agricultural implement of claim 13. Further, Stark discloses wherein causing the second actuator to rotate the wing frame section relative to the intermediate frame comprises causing the second actuator to rotate the wing frame section to cause the wing frame section to be substantially parallel to the center frame section (as seen in figure 1 in the “extended” position which is inherently “parallel”).
Regarding claim 15: Stark discloses the agricultural implement of claim 13. Further, Stark discloses wherein receiving an indication of a position of the wing frame section relative to the intermediate frame section with the second sensor comprises receiving an indication of a linear displacement of a piston of the second actuator (column 6, lines 7-15).
Regarding claim 16: Stark discloses the agricultural implement of claim 13. Further, Stark discloses wherein causing a second actuator to rotate the wing frame section relative to the intermediate frame section based on the position of the intermediate frame section relative to the center frame section comprises causing the second actuator to be displaced by about a same percentage as the first actuator (column 6, line 51 to column 7, line 2).
Regarding claim 17: Stark discloses the agricultural implement of claim 13. Further, Stark discloses wherein causing a first actuator to rotate an intermediate frame section relative to a center frame section comprises causing the first actuator to rotate the intermediate frame section relative to the center frame section independently of the second actuator rotating the wing frame section (column 3, line 59 to column 4, line 8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boriack et al. (USPGPub 2019/0021212) discloses a control system for a stackable and foldable toolbar.
Henry (USP 11,206,756) discloses a method for reducing overall transport profile of a foldable frame.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT ERIC PEZZUTO whose telephone number is (703)756-1320. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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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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/ROBERT E PEZZUTO/ Examiner, Art Unit 3671
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