DETAILED ACTION
The preliminary amendments to the claims, filed 8/1/2025, have been entered.
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 .
Claim Objections
Claim 20 is objected to because of the following informalities: Claim 20, line 2 recites “each first ancillary bale wrap mount of a plurality of first ancillary bale wrap mounts” and line 11 “each second ancillary bale wrap mount of a plurality of second ancillary bale wrap mounts”. These limitations are awkwardly introducing first and second ancillary bale wrap mounts. It is suggested that line 2 include “a plurality of first ancillary bale wrap mounts; rotating a first rotary support assembly to position each first ancillary wrap mount of the plurality of the first ancillary bale wrap mounts at the loading location” and a similar change for the plurality of second ancillary bale wrap mounts. This will eliminate confusion on the antecedent basis for the plurality of first and second ancillary bale wrap mounts. Appropriate correction is required.
Double Patenting
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.
Claims 1, 2, and 4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11, 13, and 15 of U.S. Patent No. 12477997. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 11, 13, and 15 are narrower in scope, and thus obviously encompass the claimed invention.
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.
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.
Claim(s) 1-8, 10-13, 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Derscheid US2010/0236427 in view of Niemerg, et al. US5996307.
Regarding claim 1, Derscheid teaches a bale wrap assembly loading system 70 for an agricultural harvester (agricultural tractor described in ¶0012), comprising:
a storage compartment 192 configured to store a plurality of bale wrap assemblies (120, 201-203), wherein the storage compartment 192 comprises:
a frame 74;
a bale wrap support 168 rotatably coupled to the frame 74 at a pivot point 170;
a first bale wrap mount 132 coupled to the bale wrap support 168 and configured to support one or more first bale wrap assemblies 120 of the plurality of bale wrap assemblies; and
a second bale wrap mount 213 coupled to the bale wrap support 168 and configured to support one or more second bale wrap assemblies 202 of the plurality of bale wrap assemblies, wherein the first and second bale wrap mount 213s are positioned on opposite sides (above and below the pivot point, as shown in Figure 2) of the pivot point 170, and the bale wrap support 168 is configured to rotate about the pivot point 170 to orient the bale wrap support 168 at a first loading angle (dashed lines in Figure 2) to facilitate receiving the one or more first bale wrap assemblies 120 at a loading location (inside 80) and to orient the bale wrap support 168 at a second loading angle (the angle that 201 or 202 is dropped downward) to facilitate receiving the one or more second bale wrap assemblies 202 at the loading location.
Derscheid does not teach at least one arm configured to move each bale wrap assembly of the plurality of bale wrap assemblies from a surface to the loading location.
Niemerg, et al. teaches a device for loading bale wrapping rolls, with an arm 12 configured to move each bale wrap assembly of the plurality of bale wrap assemblies from a surface (near the position that 12 is shown in Figure 1) to the loading location (dashed line in Figure 2), to “aid in the loading of a roll of wrapping material” Column 1: 27-28.
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Derscheid’s bale wrap assembly to include Neimerg, et al.’s arm, to provide assistance in lifting and loading the wrap assemblies.
Regarding claim 2, Derscheid teaches that the storage compartment 192 comprises a bale wrap support actuator 186 (wherein actuating 186 moves 176, 182, and 168, as described in ¶0021) configured to drive the bale wrap support 168 to rotate.
Regarding claim 3, Derscheid teaches that the storage compartment 192 comprises:
a first bale wrap mount actuator 134 configured to drive the one or more first bale wrap assemblies 120 to rotate.
Regarding claim 4, Derscheid teaches that the storage compartment 192 is movable relative to a baler 20 of the agricultural harvester (agricultural tractor described in ¶0012), the storage compartment 192 is configured to be positioned proximate to the surface while in a loading position (dashed lines in Figure 3), the storage compartment 192 is configured to be positioned proximate to the baler while in a working position (position in Figure 1), and the storage compartment 192 is configured to move in an upward direction and in a laterally inward direction (towards baler 20) from the loading position to the working position.
Regarding claim 5, Derscheid teaches an actuation assembly 200 (best shown in Figure 1) configured to drive the storage compartment 192 in the upward direction and in the laterally inward direction from the loading position to the working position (via pivoting as described in ¶0022 “electric linear motor 200, which selectively moves the cover 192 between an upright closed position, shown in solid lines, and a lowered open loading position, shown in broken lines. As considered in its closed position, the housing 192 forms a storage magazine for rolls of wrapping materials, and proceeding from bottom to top, three inactive wrap material supply rolls 201, 202 and 203 are stored in a vertical arrangement above the active wrap material supply roll 120”).
Regarding claim 6, Derscheid teaches that the storage compartment 192 is configured to move in a laterally outward direction (away from baler 20) from the working position to an intermediate position (wherein door 220 is open, as shown in dashed lines in Figure 2) to facilitate rotation of the bale wrap support 168.
Regarding claim 7, Niemerg, et al. teaches an actuator 23 configured to drive the at least one arm to rotate from an engagement position (solid line shown in Figure 3) to a transfer position (dashed line), wherein the at least one arm is configured to engage a bale wrap assembly 14’ while the bale wrap assembly is on the surface and the at least one arm is in the engagement position (as shown in the solid lines), and the at least one arm is configured to disengage the bale wrap assembly while the at least one arm is in the transfer position and the bale wrap assembly is at the loading location (when the bale wrap assembly 14’ has been moved to the left , off of 12’).
Regarding claim 8, Derscheid teaches that the storage compartment 192 comprises:
a first rotary support assembly 190 configured to rotatably couple to the first bale wrap mount 132 and to support the one or more first bale wrap assemblies 120.
Regarding claim 10, Derscheid teaches a feeding mechanism 84 configured to engage a cord 124 of each bale wrap assembly of the plurality of bale wrap assemblies while the bale wrap assembly is in a working location (where 120 is located in Figure 2), wherein the feeding mechanism 84 is configured to direct a bale wrap (the part of 124 extending around 120) of the bale wrap assembly toward a bale 18 via the cord 124.
Regarding claim 11, Derscheid teaches an agricultural harvester (agricultural tractor described in ¶0012), comprising:
a baler 20 configured to form a bale 18 of agricultural product; and
a bale wrap assembly loading system 70, comprising:
a storage compartment 192 configured to store a plurality of bale wrap assemblies (120, 201-203), wherein the storage compartment 192 comprises:
a frame 74;
a bale wrap support 168 rotatably coupled to the frame 74 at a pivot point 170;
a first bale wrap mount 132 coupled to the bale wrap support 168 and configured to support one or more first bale wrap assemblies 120 of the plurality of bale wrap assemblies; and
a second bale wrap mount 213 coupled to the bale wrap support 168 and configured to support one or more second bale wrap assemblies 202 of the plurality of bale wrap assemblies, wherein the first and second bale wrap mount 213s are positioned on opposite sides (above and below the pivot point, as shown in Figure 2) of the pivot point 170, and the bale wrap support 168 is configured to rotate about the pivot point 170 to orient the bale wrap support 168 at a first loading angle (dashed lines in Figure 2) to facilitate receiving the one or more first bale wrap assemblies 120 at a loading location (inside 80) and to orient the bale wrap support 168 at a second loading angle (the angle that 201 or 202 is dropped downward) to facilitate receiving the one or more second bale wrap assemblies 202 at the loading location;
Dercheid does not teach at least one arm; and an actuator configured to drive the at least one arm to rotate from an engagement position to a transfer position to move each bale wrap assembly of the plurality of bale wrap assemblies from a surface to the loading location, wherein the at least one arm is configured to engage the bale wrap assembly while the bale wrap assembly is on the surface and the at least one arm is in the engagement position, and the at least one arm is configured to disengage the bale wrap assembly while the at least one arm is in the transfer position and the bale wrap assembly is at the loading location.
Niemerg, et al. teaches a device for loading bale wrapping rolls, with an arm 12 configured to move each bale wrap assembly of the plurality of bale wrap assemblies from a surface (near the position that 12 is shown in Figure 1) to the loading location (dashed line in Figure 2), to “aid in the loading of a roll of wrapping material” Column 1: 27-28. An actuator 23 is configured to drive the at least one arm to rotate from an engagement position (solid line shown in Figure 3) to a transfer position (dashed line), wherein the at least one arm is configured to engage a bale wrap assembly 14’ while the bale wrap assembly is on the surface and the at least one arm is in the engagement position (as shown in the solid lines), and the at least one arm is configured to disengage the bale wrap assembly while the at least one arm is in the transfer position and the bale wrap assembly is at the loading location (when the bale wrap assembly 14’ has been moved to the left, off of 12’).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Dercheid’s bale wrap assembly to include Neimerg, et al.’s arm, to provide assistance in lifting and loading the wrap assemblies. Such a modification would incorporate Niemerg, et al.’s arm engaging the bale wrap assembly when in the engagement position, and disengage from the bale wrap assembly while the arm in in the transfer position and the bale wrap assembly is at the loading location, in order to load the bale wrap assembly in the loading location, since the arm is used to raise and load bale wrap assemblies.
Regarding claim 12, Derscheid teaches that the storage compartment 192 is movable relative to the baler, the storage compartment 192 is configured to be positioned proximate to the surface while in a loading position (dashed lines in Figure 3), the storage compartment 192 is configured to be positioned proximate to the baler while in a working position (position in Figure 1), and the storage compartment 192 is configured to move in an upward direction and in a laterally inward direction (towards baler 20) from the loading position to the working position.
Regarding claim 13, Derscheid teaches that the storage compartment 192 comprises:
a first rotary support assembly 190 configured to rotatably couple to the first bale wrap mount 132 and to support the one or more first bale wrap assemblies 120.
Regarding claim 15, Derscheid teaches that the bale wrap assembly loading system 70 comprises a feeding mechanism 84 configured to engage a cord 124 of each bale wrap assembly of the plurality of bale wrap assemblies while the bale wrap assembly is in a working location (where 120 is located in Figure 2), wherein the feeding mechanism 84 is configured to direct a bale wrap of the bale wrap assembly toward the bale via the cord 124.
Regarding claim 16, Derscheid teaches a method for loading a plurality of bale wrap assemblies (120, 201-203) onto an agricultural harvester (agricultural tractor described in ¶0012), comprising:
rotating a bale wrap support 168 about a pivot point 170 to orient the bale wrap support 168 at a first loading angle (dashed lines in Figure 2) to facilitate receiving one or more first bale wrap assemblies 120 of the plurality of bale wrap assemblies at a loading location (inside 80), wherein the bale wrap support 168 is rotatably coupled to a frame 74 of a storage compartment 192 at the pivot point 170, and the storage compartment 192 comprises a first bale wrap mount 132 coupled to the bale wrap support 168 and configured to support the one or more first bale wrap assemblies 120;
rotating the bale wrap support 168 about the pivot point 170 to orient the bale wrap support 168 at a second loading angle (the angle that 201 or 202 is dropped downward) to facilitate receiving one or more second bale wrap assemblies 202 of the plurality of bale wrap assemblies at the loading location, wherein the storage compartment 192 comprises a second bale wrap mount 213 coupled to the bale wrap support 168 and configured to support the one or more second bale wrap assemblies 202, and the first and second bale wrap mount 213s are positioned on opposite sides (above and below the pivot point, as shown in Figure 2) of the pivot point 170; and
Derscheid does not teach moving each bale wrap assembly of the one or more first bale wrap assemblies 120 from a surface to the loading location via at least one arm; and moving each bale wrap assembly of the one or more second bale wrap assemblies 202 from the surface to the loading location via the at least one arm.
Niemerg, et al. teaches a device for loading bale wrapping rolls, with an arm 12 configured to move each bale wrap assembly of the plurality of bale wrap assemblies from a surface (near the position that 12 is shown in Figure 1) to the loading location (dashed line in Figure 2), to “aid in the loading of a roll of wrapping material” Column 1: 27-28.
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Derscheid’s bale wrap assembly to include Neimerg, et al.’s arm, to provide assistance in lifting and loading the wrap assemblies.
Regarding claim 17, Derscheid teaches moving the storage compartment 192 in an upward direction and in a laterally inward direction (towards baler 20) from a loading position (dashed lines in Figure 3) to a working position (position in Figure 1), wherein the storage compartment 192 is configured to be positioned proximate to the surface while in the loading position, and the storage compartment 192 is configured to be positioned proximate to a baler 20 of the agricultural harvester (agricultural tractor described in ¶0012) while in the working position;
wherein moving each bale wrap assembly of the one or more first bale wrap assemblies 120 and moving each bale wrap assembly of the one or more second bale wrap assemblies 202 is performed while the storage compartment 192 is in the loading position.
Regarding claim 18, Derscheid teaches moving the storage compartment 192 in a laterally outward direction (away from baler 20) from the working position to an intermediate position (wherein door 220 is open, as shown in dashed lines in Figure 2) to facilitate rotation of the bale wrap support 168.
Regarding claim 19 Derscheid teaches that each of moving each bale wrap assembly of the one or more first bale wrap assemblies 120 and moving each bale wrap assembly of the one or more second bale wrap assemblies 202 comprises rotating the at least one arm from an engagement position to a transfer position, wherein the at least one arm is configured to engage the bale wrap assembly while the bale wrap assembly is on the surface and the at least one arm is in the engagement position, and the at least one arm is configured to disengage the bale wrap assembly while the at least one arm is in the transfer position and the bale wrap assembly is at the loading location (as recited above).
Allowable Subject Matter
Claims 9, 14, and 20 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.
Regarding claims 9 and 14, Derscheid does not teach, in combination, that:
the first rotary support assembly 190 comprises a plurality of first ancillary bale wrap mounts configured to be distributed about the first bale wrap mount 132, each first ancillary bale wrap mount of the plurality of first ancillary bale wrap mounts is configured to support a first bale wrap assembly of the one or more first bale wrap assemblies 120, and the first rotary support assembly 190 is configured to rotate to position each first ancillary bale wrap mount of the plurality of first ancillary bale wrap mounts at the loading location while the bale wrap support 168 is oriented at the first loading angle;
the second rotary support assembly comprises a plurality of second ancillary bale wrap mounts configured to be distributed about the second bale wrap mount 213, each second ancillary bale wrap mount of the plurality of second ancillary bale wrap mounts is configured to support a second bale wrap assembly of the one or more second bale wrap assemblies 202, and the second rotary support assembly is configured to rotate to position each second ancillary bale wrap mount of the plurality of second ancillary bale wrap mounts at the loading location while the bale wrap support 168 is oriented at the second loading angle;
or a combination thereof.
In particular, Derscheid’s first and second rotary support assemblies do not have ancillary bale wrap mounts that are configured as claimed.
Regarding claim 20, Derscheid does not teach, in combination rotating a first rotary support assembly 190 to position each first ancillary bale wrap mount of a plurality of first ancillary bale wrap mounts at the loading location while the bale wrap support 168 is oriented at the first loading angle, wherein the first rotary support assembly 190 is configured to rotatably couple to the first bale wrap mount 132 and to support the one or more first bale wrap assemblies 120, the first rotary support assembly 190 comprises the plurality of first ancillary bale wrap mounts, the plurality of first ancillary bale wrap mounts are configured to be distributed about the first bale wrap mount 132, and each first ancillary bale wrap mount of the plurality of first ancillary bale wrap mounts is configured to support a first bale wrap assembly of the one or more first bale wrap assemblies 120;
rotating a second rotary support assembly to position each second ancillary bale wrap mount of a plurality of second ancillary bale wrap mounts at the loading location while the bale wrap support 168 is oriented at the second loading angle, wherein the second rotary support assembly is configured to rotatably couple to the second bale wrap mount 213 and to support the one or more second bale wrap assemblies 202, the second rotary support assembly comprises the plurality of second ancillary bale wrap mounts, the plurality of second ancillary bale wrap mounts are configured to be distributed about the second bale wrap mount 213, and each second ancillary bale wrap mount of the plurality of second ancillary bale wrap mounts is configured to support a second bale wrap assembly of the one or more second bale wrap assemblies 202;
or a combination thereof.
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.
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/CATHLEEN R HUTCHINS/Primary Examiner, Art Unit 3672 8/4/2026
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