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 .
Claim Objections
Claims 1, 8, 9 and 11 are objected to because of the following informalities:
(claim 1, line 2) “it” should be changed to “the coupling frame”.
(claim 1, line 9) “in the work configuration, machine” should be changed to “in the work configuration”.
(claim 8, lines 1-2) “wherein it comprises” should be changed to “comprising”.
(claim 9, line 1) “The machine according to claim 6” should be changed to “The machine according to claim 8” to provide proper antecedent basis for the limitation “the central jack” in line 2.
(claim 11, line 4) “its transport configuration and its work configuration” should be changed to “the transport configuration and the work configuration”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation "the central jack" in line 5. There is insufficient antecedent basis for this limitation in the claim. Clarification is needed.
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 1-3, 5 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Defrancq (US 2007/0079977).
As concerns claim 1, Defrancq shows an agricultural machine comprising at least one work tool (6) and a coupling frame (M1) by which the coupling frame is connected to a tractor (1), the coupling frame comprising a crossing beam (connecting frame structure on rear surface of blade 6) and two levers (9a, 9b), each carrying a respective hitching point (11a, 11b) intended to be attached to a respective lower arm (2a, 2b) of the tractor and which can move vertically relative to the crossing beam (Fig. 6 & 8), each lever having an associated restoring device (12a, 12b) which can exert a force on the associated lever when the respective hitching point moves vertically relative to the crossing beam (Fig. 6 & 8), the machine being able to occupy a work configuration in which the or each tool is close to the surface (Fig. 2) and at least one transport configuration, in which the or each tool is further away from the surface than in the work configuration (Fig. 5), wherein each restoring device comprises a hydraulic restoring jack (12a, 12b) fixed to the respective lever on one side and to the crossing beam on another side (Fig. 6), each restoring jack being hydraulically connected to a hydraulic tank in the work configuration (Fig. 8).
As concerns claim 2, Defrancq shows wherein each restoring jack is a single-acting jack and in that when the tractor and the machine are on a flat surface, the restoring jacks are retracted (Fig. 4 & 6).
As concerns claim 3, Defrancq shows wherein, in the work configuration, the pressure in the chambers of each restoring jack is substantially equal to the atmospheric pressure (paragraph 0064; a floating position).
As concerns claim 5, Defrancq shows wherein each lever is pivotally mounted with the crossing beam about a respective transverse axis (7a, 7b).
As concerns claim 6, Defrancq shows wherein, in the transport configuration, each restoring device is configured to exert an upward force on the respective hitching point when said hitching point moves downwards relative to the crossing beam (Fig. 5).
Allowable Subject Matter
Claims 4, 7-10 and 12 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.
Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not appear to anticipate and/or render obvious an agricultural machine comprising at least one work tool and a coupling frame by which the coupling frame is connected to a tractor, the coupling frame comprising a crossing beam and two levers, each carrying a respective hitching point intended to be attached to a respective lower arm of the tractor and which can move vertically relative to the crossing beam, each lever having an associated restoring device which can exert a force on the associated lever when the respective hitching point moves vertically relative to the crossing beam, the machine being able to occupy a work configuration in which the or each tool is close to the surface and at least one transport configuration, in which the or each tool is further away from the surface than in the work configuration, wherein each restoring device comprises a hydraulic restoring jack fixed to the respective lever on one side and to the crossing beam on another side, each restoring jack being hydraulically connected to a hydraulic tank in the work configuration, wherein the machine comprises a hydropneumatic accumulator configured to be hydraulically connected to the restoring jacks in the transport configuration of the machine.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cornil et al. (EP 4256917) and Werner et al. (US 4,525,987) each show an agricultural machine.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R BUCK whose telephone number is (571)270-3653. The examiner can normally be reached Monday-Thursday 6:30-5.
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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.
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/MATTHEW R BUCK/Primary Examiner, Art Unit 3672
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