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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on 12/11/23. It is noted, however, that applicant has not filed a certified copy of the DE 102023134641.5 application as required by 37 CFR 1.55.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Device for Finding Foreign Bodies in a Mower.
Claim Objections
Claims 1 and 3 are objected to because of the following informalities:
Claim 1, line 3 recites “the material flow direction”, should read – a material flow direction –.
Claim 3, line 2 recites “a lever”, should read – the lever – due to mention of the lever in claim 2, line 6.
Claim 3, line 3 recites “an angle sensor”, should read – the angle sensor – from previous mention of the angle sensor in claim 2, line 6.
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.
Claims 2-4 are 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 2, lines 5-7 recite “upper axis of rotation is arranged pivotably with respect thereto on levers and an angle sensor is provided, which continuously captures the deflection of a lever”. However, it is unclear how many levers are being claimed. Specifically, it is unclear how many levers the upper axis of rotation is arranged upon and which of the levers the angle sensor captures the deflection of; therefore, the claim is rejected for being indefinite.
For the purpose of the examination, the examiner is interpreting the limitation to mean each side of the roller has a lever for shifting movement and one of the levers is used for capturing the deflection through the angle sensor.
Due to dependency on claim 2, claims 3-4 are rejected as well.
Claim Rejections - 35 USC § 103
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 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Pfrimmer (US 5531062 A) in view of Brune (US 7523599 B2).
Regarding claim 1, Pfrimmer a mower [10], comprising
a plurality of mowing elements (not shown but inherently present to make up the mower bar [12]) positioned next to one another to form a mower bar [12], and comprising a roller conditioner [14], which is arranged behind the mower bar (see Fig. 1), as seen in the material flow direction of mowed crop (see Fig. 1), and
which has an upper conditioning roller [18] and a lower conditioning roller [16], wherein a gap between the conditioning rollers (see Col. 3, lines 31-36) through which the crop is transported is variable depending on an amount of the crop (upper roller shifts depending on amount of crop inserted, widening the gap, see Col. 3, lines 44-56),
But Pfrimmer fails to disclose the gap is characterized by a device for recognizing or for finding foreign bodies in the mowed crop.
Brune discloses a similar mower ([1], see Col. 3, lines 45-48) comprising a roller conditioner [8], and which has an upper conditioning roller [16] and a lower conditioning roller (see below), wherein a gap (see below) between the conditioning rollers through which the crop is transported is variable depending on an amount of the crop (see Col. 4, lines 21-24), characterized by a device [17] for recognizing or for finding foreign bodies in the mowed crop (see Col. 4, lines 1-6).
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the roller conditioner of Pfrimmer with the roller conditioner and device of Brune since both are roller conditioners comprising of an upper roller shiftable dependent on the amount of crop inserted into the gap and a stationary lower roller; therefore, yielding the same predictable result.
Regarding claim 5, Brune, of the above resultant combination, further discloses the lower conditioning roller (see above) is rotatable about a lower, positionally fixed axis of rotation (see below and arrow of rotation in Fig. 1) and the upper conditioning roller [16], in order to adapt the gap (see above) to the amount of crop [4], is rotatable about an upper, shiftable axis of rotation (see below and Col. 4, lines 21-24), such that the upper axis of rotation is shiftable relative to the lower axis of rotation (see dotted lines showing shifting of the upper conditioning roller in Fig. 1), wherein the vertical distance between the axes of rotation changes (vertical distance between rollers change when upper conditioning roller shifts, see Fig. 1) and,
for the purpose of recognizing foreign bodies [23], an acceleration sensor [22] is provided, which determines the acceleration of the upper conditioning roller in the vertical direction (see Col. 4, lines 63-67 and Col. 5, lines 1-4) and communicates the acceleration values to a control device [26], which, in the event of a predefined value [33] of the acceleration being exceeded, generates a signal for the finding of a foreign body (see Col. 5, lines 45-49 and 56-65).
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Regarding claim 6, Brune, of the above resultant combination, further discloses the acceleration sensor [22] is arranged on an end face (arranged within detection device [17] located on end face of the roller, see Fig. 1) of the upper conditioning roller [16].
Claim(s) 2-4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Pfrimmer (US 5531062 A) and Brune (US 7523599 B2) as applied to claims 1 and 5-6 above, and further in view of Depestel et al. (US 11525940 B2).
Regarding claim 2, Brune, of the above resultant combination, further discloses the lower conditioning roller (see above) is rotatable about a lower, positionally fixed axis of rotation (see above and arrow of rotation in Fig. 1) and the upper conditioning roller [16], in order to adapt the gap to the amount of crop [4], is rotatable about an upper, shiftable axis of rotation (see above and Col. 4, lines 21-24), such that the upper axis of rotation is shiftable relative to the lower axis of rotation (see dotted lines showing shifting of the upper conditioning roller in Fig. 1), wherein the upper axis of rotation is arranged pivotably with respect thereto on levers (see below, lever supports and allows for shifting in relation to the lower roller; not shown but inherit either end of roller is supported by a lever for shifting movement, see dotted lines in Fig. 1),
and a control device [26] configured to receive sensor information and generate a signal for the finding of a foreign body (see Col. 5, lines 45-49 and 56-65),
and deflection of a lever (end of lever connected to roller [16] shifts with the roller while the other end connected to roller [9] does not move causing deflection within the lever, see dotted lines in Fig. 1) (please see 112(b) rejection above).
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But Brune fails to disclose an angle sensor which continuously captures the deflection of a lever and communicates the captured measurement signals to a control device configured continuously to determine a distance between the axes of rotation of the conditioning rollers from the measurement signals of the angle sensor and to derive a velocity and/or an acceleration from the changing distance, wherein in the event of a predefined value of the velocity and/or the acceleration being exceeded, the control device generates a signal for the finding of a foreign body.
Depestel et al. discloses a similar roller conditioner [102 and 104] comprising an angle sensor [116] which continuously captures the deflection of a lever ([118], see Col. 5, lines 25-31) and communicates the captured measurement signals to a control device ([126, 130, and 134]; see Col. 5, lines 31-53 and Col. 6, lines 5-9) configured continuously to determine a distance ([128], see Col. 5, lines 36-53) between the axes of rotation (see below) of the conditioning rollers from the measurement signals of the angle sensor and to derive a velocity and/or an acceleration ([132]; see Col. 5, lines 43-49) from the changing distance,
wherein in the event of a predefined value of the velocity and/or the acceleration being exceeded, the control device generates a signal [136] for the finding of a foreign body (see Col. 5, lines 62-67 and Col. 6, lines 1-4).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the angle sensor of Depestel et al. on the roller conditioner of Pfrimmer and Brune in order to prevent insertion of foreign objects through measurement of the difference between the link and the upper roller when the upper roller is shifted from influx of material (see Depestel et al. Col. 5, lines 25-31 and 43-53).
Regarding claim 3, Depestel et al., of the above resultant combination, further discloses the upper conditioning roller [102] is mounted pivotably on a lever [118] at both ends of said roller (lever supports and allows for shifting in relation to the lower roller; not shown but inherit either end of roller is supported by a lever for shifting movement, see Fig. 1) and an angle sensor [116] is provided on each lever (see Fig. 1 and Col. 6, lines 26-28), both of which angle sensors communicate the captured measurement signals to the control device ([126, 130, and 134]; see Col. 5, lines 31-53 and Col. 6, lines 5-9), and the control device compares the distances and the values of the acceleration and/or the velocity (each sensor measures the angle of the lever to the roller and therefore each sensor creates their own distance signal [128] and velocity signal [132], see Col. 5, lines 25-45) from the two angle sensors with one another (control device uses the signals [128] to [132] to determine a strength-value for comparison to the threshold value; therefore, each sensor has their own strength-value for comparison and the control device compares the sensor’s through which exceeds the threshold, see Col. 5, lines 58-67 and Col. 6, lines 1-4) and determines therefrom the position of the foreign body in the direction of the width of the conditioning rollers (determines the position of the foreign body through which angle sensor exceeds the threshold value, see Col. 5, lines 58-67 and Col. 6, lines 1-4; therefore, determining which end of the roller in the width direction has a foreign body).
Regarding claim 4, Depestel et al., of the above resultant combination, further discloses the control device ([126, 130, and 134]; see Col. 5, lines 31-53 and Col. 6, lines 5-9) generates the signal for the finding of a foreign body only if the distance ([128], see Col. 5, lines 36-53) also exceeds a predefined value (see Col. 5, lines 62-67 and Col. 6, lines 1-4).
Regarding claim 7, Brune, of the above resultant combination, further discloses the mower as applied above, as well as, an acceleration sensor [22] that communicates the acceleration values (see Col. 4, lines 63-67 and Col. 5, lines 1-4) to the control device [26], which, in the event of a predefined value [33] of the acceleration being exceeded, generates a signal for the finding of a foreign body (see Col. 5, lines 45-49 and 56-65), wherein the acceleration sensor is located on the end face of the roller (see Fig. 1), but fails to disclose an acceleration sensor is arranged on both end faces of the upper conditioning roller and both acceleration sensors communicate the acceleration values to the control device, and the control device compares the acceleration values from the two acceleration sensors with one another and determines therefrom the position of the foreign body in the direction of the width of the conditioning rollers.
Depestel et al. discloses a similar roller conditioner [102 and 104] comprising a sensor [116] arranged on both end faces of the upper conditioning roller ([102]; through the link [118], see Col. 6, lines 26-28 and Fig. 1) and both sensors communicated velocity values (each sensor measures the angle of the lever to the roller and therefore each sensor creates their own velocity signal [132], see Col. 5, lines 25-45) to the control device ([126, 130, and 134]; see Col. 5, lines 31-53 and Col. 6, lines 5-9), and the control device compares the velocity values from the two sensors with one another (control device uses the signals [128] to [132] to determine a strength-value for comparison to the threshold value; therefore, each sensor has their own strength-value for comparison and the control device compares the sensor’s through which exceeds the threshold, see Col. 5, lines 58-67 and Col. 6, lines 1-4) and determines therefrom the position of the foreign body in the direction of the width of the conditioning rollers (determines the position of the foreign body through which angle sensor exceeds the threshold value, see Col. 5, lines 58-67 and Col. 6, lines 1-4; therefore, determining which end of the roller in the width direction has a foreign body).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a sensor on both end faces as taught by Depestel et al. on the upper conditioning roller of Brune in order to have sensor measurements from both the driven and non-driven end of the upper roller (see Depestel et al. Col. 6, lines 26-28). It can be seen then that when each end face of the upper roller of Brune is provided with an acceleration sensor, each end of the upper roller has its own acceleration value for comparison to the threshold for detecting the foreign body (see Brune Col. 5, lines 45-49 and 56-60).
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Pfrimmer (US 5531062 A) and Brune (US 7523599 B2) as applied to claims 1 and 5-6 above, and further in view of Steidinger et al. (US 11950537 B2).
Regarding claim 8, the above combination discloses the mower as applied, but fails to disclose a control device of the mower is configured to receive position data from a GPS system and, in the event of a foreign body being found or recognized, to store the position data thereof.
Steidinger et al. discloses a similar mower [110] wherein a control device [170] of the mower is configured to receive position data from a GPS system ([162 and 163] measures position, see Col. 7, lines 46-50) and, in the event of a foreign body being found or recognized, to store the position data thereof (when the upper conditioner roller [126] shifts, GPS system [162 and 163] measures the position and sends it to the control device, see Col. 7, lines 50-61).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the GPS system of Steidinger et al. on the roller conditioner of Pfrimmer and Brune in order to sense the position and rotational movement of the upper conditioner roller as it rotatably shifts when a foreign body is inserted (see Steidinger et al. Col. 7, lines 46-61).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for the full list of references.
Reference US 6105347 A discloses a similar mower comprised of an upper conditioning roller [22] and a lower conditioning roller [21] characterized by a device [1] for recognizing or for finding foreign bodies in the mowed crop.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNNY WEBB whose telephone number is (571)272-3830. The examiner can normally be reached Monday - Friday 8:30 to 5:30 E.T..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph 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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/SUNNY D WEBB/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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