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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 66b. 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. 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.
The drawings are objected to because in fig. 2, reference number 50b is used to identify housing sidewall 38b instead of the second spring. 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.
Claim Objections
The claims are objected to because of the following informalities:
Claim 1, line 7 reads “elvers” and should read –levers—
Claim 1, line 11 reads “pick up” and should read –pick-up—
Claim 10, line 7 reads “elvers” and should read –levers—
Claim 10, line 11 reads “pick up” and should read –pick-up—
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mews (US 5090187 A).
Regarding claim 1 and 10, Mews discloses an agricultural working implement (1) comprising:
a frame () supporting a housing and including a running gear (not shown) for moveably supporting the frame relative to a ground surface;
a crop pick-up including a pick-up device (2) which is partially supported on the ground surface via at least one support wheel (33), and which includes at least two articulation levers (6, 27) coupled to the housing, wherein the at least two articulation levers are horizontally spaced apart from each other and support the pick-up device therebetween; and
wherein each of the at least two articulation levers includes at least one guide element (15, 16) configured for moveably supporting the pick-up device for movement of the pick-up device in a substantially vertical direction relative to the articulation levers (col. 2 lines 52-57).
Regarding claim 2 and 11, Mews discloses the agricultural working implement set forth in claim 10, wherein the at least two articulation levers are configured for rotatable attachment to the housing for rotation about a substantially horizontal axis (31) that extends transversely with respect to a direction of travel, whereby the at least two articulation levers may swing relative to the housing.
Regarding claim 3 and 12, Mews discloses the agricultural working implement set forth in claim 10, wherein at least one of the at least two articulation levers includes multiple guide elements arranged in a substantially parallel relationship relative to each other (see fig. 2).
Regarding claim 4 and 13, Mews discloses the agricultural working implement set forth in claim 10, wherein each of the at least one guide element of the at least two articulation levers include a slot (16) formed through a respective one of the at least two articulation levers.
Regarding claim 5 and 14, Mews discloses the agricultural working implement set forth in claim 13, further comprising a respective bearing journal (12) extending through each of the at least one guide element of the at least two articulation levers.
Regarding claim 6 and 15, Mews discloses the agricultural working implement set forth in claim 11, further comprising a conveying rotor (3) configured for rotation about the horizontal axis (3 rotates about 31 with 27).
Regarding claim 7 and 16, Mews discloses the agricultural working implement set forth in claim 15, wherein the pick-up device includes a rotatable conveying device (3) in the form of a spike rotor (see fig. 4).
Regarding claim 8 and 17, Mews discloses the agricultural working implement set forth in claim 16, wherein the conveying rotor and the conveying device are rotatably driven by a traction mechanism drive (4).
Regarding claim 9 and 18, Mews discloses the agricultural working implement set forth in claim 17, wherein the traction mechanism drive includes a chain drive (4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6449936 B1 discloses a pick-up attached to a frame via slots.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELINE RUNCO whose telephone number is (469)295-9123. The examiner can normally be reached 8-4:30 M-F.
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 Rocca can be reached at 5712728971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MADELINE I RUNCO/ Examiner, Art Unit 3671
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