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
Claim 10 is objected to because of the following informalities:
Claim 10, line 2 recites “the plurality of first roller segments is formed”, should read – the plurality of first roller segments are formed –.
Appropriate correction is required.
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) 1-8, 10-11, 13-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Gehrking (US 0911390 A) in view of Schwelling (US 10195805 B2).
Regarding claim 1, Gehrking teaches a forage conditioning apparatus (see Fig. 1), comprising:
a first conditioning roller [A] configured to rotate about a first rotational axis (see below); and
a second conditioning roller [B] configured to rotate about a second rotational axis (see below),
the first and second conditioning rollers being arranged to rotate about their respective rotational axes to condition crop material fed between the first and second conditioning rollers (see page 1, lines 50-62);
wherein the first conditioning roller is a first segmented roller (through first roller segments [A3]) including:
a plurality of first roller segments [A3] aligned along the first rotational axis;
and a plurality of first crimping rings [A1] extending radially with respect to the first rotational axis (see Figs. 1-2), each first crimping ring being a generally planar disc located between two adjacent ones of the first roller segments (see Fig. 1).
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But Gehrking fails to explicitly disclose the first and second conditioning rollers being arranged to rotate in opposite directions about their respective rotational axes.
Schwelling discloses a similar first [5] and second conditioning roller [6] configured to rotate in opposite directions (see Fig. 1 and Col. 8, lines 20-21) about their respective rotational axes (see below).
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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 rotation direction of the first and second conditioning rollers of Gehrking with the opposite rotation direction of the first and second conditioning rollers of Schwelling since both are directions of rotating the rollers in order for them to mesh together to condition material; therefore, yielding the same predictable result.
Regarding claim 2, Gehrking, of the above resultant combination, further discloses wherein: the second conditioning roller [B] is a second segmented roller (through second roller segments [B3]) including:
a plurality of second roller segments [B3] aligned along the second rotational axis (see above); and
a plurality of crimping structures [B2], each crimping structure being located between two adjacent ones of the second roller segments (see Fig. 1), and
each crimping structure being complementary in shape (complements the crimping ring [A1] to form a crimping surface where material is compressed between the rollers, see Fig. 3) to a respective one of the first crimping rings [A1] so that each one of the crimping structures is operably associated with the respective one of the first crimping rings to condition crop material fed between the first and second conditioning rollers (see page 1, lines 37-45).
Regarding claim 3, Gehrking discloses the forage conditioning apparatus as disclosed above, but fails to disclose wherein: the crimping structures of the second conditioning roller each comprise a groove configured to receive the respective one of the first crimping rings to condition crop material between the groove and the respective one of the first crimping rings.
Schwelling discloses a similar first [5] and second conditioning roller [6] wherein: the crimping structures (see below; includes groove [610] and tooth [611]) of the second conditioning roller each comprise a groove [610] configured to receive the respective one of the first crimping rings (see below, includes groove [510] and tooth [511]; groove [610] receives tooth [511]) to condition material between the groove and the respective one of the first crimping rings (see Fig. 3a and Col. 5, lines 60-67 and Col. 6, lines 1-6).
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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 grooves and teeth of the first crimping ring and crimping structure of Schwelling on the first crimping ring and crimping structure of Gehrking in order for the rollers to hold and squeeze the material between them, allowing for breaking down of the material (see Schwelling Col. 5, lines 60-67 and Col. 6, lines 1-6).
Regarding claim 4, Gehrking, of the above resultant combination, further discloses wherein: the crimping structures [B2] of the second conditioning roller [B] each comprise a second crimping ring (crimping structure [B2] is a crimping ring; material is compressed in the gap between it and the first crimping ring [A1], see Fig. 3) extending radially with respect to the second rotational axis (see above), each second crimping ring being a generally planar disc located between two adjacent ones of the second roller segments ([B3]; see Fig. 1), each of the second crimping rings being aligned in a same plane with a respective one of the first crimping rings (see Fig. 3, aligned to crimp the material between the rings).
Regarding claim 5, Gehrking discloses the forage conditioning apparatus as disclosed above, as well as, the first [A1] and second crimping rings (crimping structure [B2] is a crimping ring; material is compressed in the gap between it and the first crimping ring [A1], see Fig. 3) each including an outer peripheral edge (see below) and wherein the first and second crimping rings mesh together (see Fig. 3; first and second roller mesh together to close the gap between them), but fails to disclose wherein: the first and second crimping rings each include a toothed outer peripheral edge, and the teeth of each of the first crimping rings mesh with the teeth of a respective one of the second crimping rings.
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Schwelling discloses a similar first [5] and second conditioning roller [6] comprising first (see below; includes groove [510] and tooth [511]) and second crimping rings (see below; includes groove [610] and tooth [611]) each including a toothed outer peripheral edge ([511] and [611], see Col. 5, lines 35-38), and the teeth of each of the first crimping rings mesh with the teeth of a respective one of the second crimping rings (see Fig. 3a; toothed edges mesh together through respective grooves, creating a crimping surface between the rollers).
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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 teeth on the outer peripheral edge of the first and second conditioning rollers of Schwelling on the outer peripheral edge of the first and second conditioning rollers of Gehrking in order for the rollers to hold and squeeze the material between them, allowing for breaking down of the material (see Schwelling Col. 7, lines 54-65).
Regarding claims 6 and 14, Gehrking, of the above resultant combination, further discloses wherein: each of the first roller segments [A3] includes a generally cylindrical outer surface (see Figs. 1-2) and a plurality of primarily longitudinally extending conditioning structures (see below; longitudinally extend throughout the length of each roller segment) projecting radially outward from the first roller segment (see Fig. 2).
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Regarding claims 7 and 15, Gehrking discloses the forage conditioning apparatus as disclosed above, as well as, wherein: each of the first roller segments [A3] has a length (see below) parallel to the first rotational axis (see above), but fails to explicitly disclose the length is in a range of from 3 inches to 20 inches.
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However, Gehrking discloses the first roller segment is longitudinally extended to a length that easily accommodates a stalk of corn to prevent the stalk from becoming wedged and for the rollers to require little power to turn (see page 1, lines 57-62); therefore, the length of the first roller segment is a result effective variable.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to make the length of the first roller segment in a range of 3 inches to 30 inches in order to accommodate a stalk of corn to prevent wedging and to decrease power consumption. It is noted that such a modification would merely constitute routine optimization of a result effective variable and it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not invention to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claims 8 and 16, Gehrking discloses the forage conditioning apparatus as disclosed above, as well as, wherein: each of the first roller segments [A3] has a length (see above) parallel to the first rotational axis (see above), but fails to explicitly disclose the length is in a range of from 6 inches to 12 inches.
However, Gehrking discloses the first roller segment is longitudinally extended to a length that easily accommodates a stalk of corn to prevent the stalk from becoming wedged and for the rollers to require little power to turn (see page 1, lines 57-62); therefore, the length of the first roller segment is a result effective variable.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to make the length of the first roller segment in a range of 6 inches to 12 inches in order to accommodate a stalk of corn to prevent wedging and to decrease power consumption. It is noted that such a modification would merely constitute routine optimization of a result effective variable and it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not invention to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claims 10 and 18, Gehrking, of the above resultant combination, further discloses wherein: the plurality of first roller segments [A3] is formed as a plurality of spacer rings (rings [A3] that space the crimping rings equal distance apart; therefore, are spacer rings, see Fig. 1);
and the plurality of first crimping rings [A1] are alternated with the spacer rings (see Fig. 1).
Regarding claims 11 and 19, Gehrking, of the above resultant combination, further discloses wherein: the spacer rings (rings [A3] that space the crimping rings equal distance apart; therefore, are spacer rings, see Fig. 1) are also crimping rings (the longitudinally extending conditioning structures, see above, allow for crimping of the crop material, see Fig. 1).
Regarding claim 13, Gehrking discloses a forage conditioning apparatus (see Fig. 1), comprising:
a first conditioning roller [A] configured to rotate about a first rotational axis (see below); and
a second conditioning roller [B] configured to rotate about a second rotational axis (see below),
the first and second conditioning rollers being arranged to rotate about their respective rotational axes to condition crop material fed between the first and second conditioning rollers (see page 1, lines 50-62);
wherein the first conditioning roller is a first segmented roller (through first roller segments [A3]) including:
a plurality of first roller segments [A3] aligned along the first rotational axis (see Fig. 1); and
a plurality of first crimping rings [A1] extending radially with respect to the first rotational axis (see Figs. 1-2), each first crimping ring being a generally planar disc including an outer peripheral edge (see below), each of the first crimping rings being located between two adjacent ones of the first roller segments (see Fig. 1); and
wherein the second conditioning roller is a second segmented roller (through second roller segments [B3]) including:
a plurality of second roller segments [B3] aligned along the second rotational axis; and
a plurality of second crimping rings [B2] extending radially with respect to the second rotational axis (see Figs. 1-2), each second crimping ring being a generally planar disc including an outer peripheral edge (see below), each of the second crimping rings being located between two adjacent ones of the second roller segments (see Fig. 1), and
the outer peripheral edge of each of the second crimping rings meshing with the outer peripheral edge of a respective one of the first crimping rings (see Fig. 3; first and second roller mesh together to close the gap between them).
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But Gehrking fails to disclose the first and second conditioning rollers being arranged to rotate in opposite directions about their respective rotational axes, the first and second crimping rings including a toothed outer peripheral edge, and the toothed outer peripheral edge of each of the second crimping rings meshing with the toothed outer peripheral edge of a respective one of the first crimping rings.
Schwelling discloses a similar first [5] and second conditioning roller [6] configured to rotate in opposite directions (see Fig. 1 and Col. 8, lines 20-21) about their respective rotational axes (see below), the first (see below; includes groove [510] and tooth [511]) and second crimping rings (see below; includes groove [610] and tooth [611]) including a toothed outer peripheral edge ([511] and [611], see Col. 5, lines 35-38), and the toothed outer peripheral edge of each of the second crimping rings meshing with the toothed outer peripheral edge of a respective one of the first crimping rings (see Fig. 3a; toothed edges mesh together through respective grooves, creating a crimping surface between the rollers).
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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 rotation direction of the first and second conditioning roller of Gehrking with the opposite rotation direction of the first and second conditioning roller of Schwelling since both are directions of rotating the rollers in order for them to mesh together to condition crop material; therefore, yielding the same predictable result.
Further, 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 grooves and teeth on the first and second crimping rings of Schwelling on the first and second crimping rings of Gehrking in order for the rollers to hold and squeeze the material between them, allowing for breaking down of the material (see Schwelling Col. 5, lines 60-67 and Col. 6, lines 1-6).
Claim(s) 9, 12, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gehrking (US 0911390 A) and Schwelling (US 10195805 B2) as applied to claims 1-8, 10-11, 13-16, and 18-19 above, and further in view of Faber (US 2103002 A).
Regarding claim 9, Gehrking discloses the forage conditioning apparatus as disclosed above, as well as wherein the first crimping rings [A1] are sandwiched between (see Fig. 1) the adjacent first roller segments [A3], but the combination fails to disclose wherein: adjacent first roller segments are bolted together with at least one of the first crimping rings sandwiched between the adjacent first roller segments.
Faber discloses a similar forage conditioning apparatus (see Fig. 1) wherein: adjacent first roller segments [A1] are bolted together (through bolts [10], see page 1, lines 44-49) with at least one of the first crimping rings [A3] sandwiched between the adjacent first roller segments (see Fig. 1).
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 connection of the first roller segments to the first crimping rings of Gehrking with the bolts of Faber since both are ways to connect the first roller segment to the first crimping ring wherein the first crimping ring is sandwiched between adjacent first roller segments; therefore, yielding the same predictable result.
Regarding claims 12 and 20, Gehrking discloses the forage conditioning apparatus as disclosed above, as well as, the plurality of spacer rings ([A3]; space the crimping rings equal distance apart therefore, are spacer rings, see Fig. 1) and the plurality of first crimping rings [A1] being held together in a compressed stack (see Fig. 1; no space between the spacer rings and the crimping rings), but fails to explicitly disclose they are held together by a plurality of tie rods extending through the spacer rings and the first crimping rings.
Faber discloses a similar forage conditioning apparatus (see Fig. 1) wherein: the plurality of spacer rings ([A1]; space the crimping rings equal distance apart; therefore, are spacer rings, see Fig. 1) and the plurality of first crimping rings [A3] are held together in a compressed stack (see Fig. 1; no space between the spacer rings and the crimping rings) by a plurality of tie rods ([10]; bolts extend through each ring on the roller and therefore are tie rods, see page 1, lines 44-49) extending through the spacer rings and the first crimping rings.
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 connection of the spacer rings and first crimping rings of Gehrking with the tie rods of Faber since both are ways to connect the spacer rings and first crimping rings into a compressed stack; therefore, yielding the same predictable result.
Regarding claim 17, Gehrking discloses the forage conditioning apparatus as disclosed above, as well as wherein the first crimping rings [A1] are sandwiched between (see Fig. 1) the adjacent first roller segments [A3] and the second crimping rings [B2] are sandwiched between (see Fig. 1) the adjacent second roller segments [B3], but the combination fails to disclose wherein: adjacent first roller segments are bolted together with at least one of the first crimping rings sandwiched between the adjacent first roller segments.
Faber discloses a similar forage conditioning apparatus (see Fig. 1) wherein: adjacent first roller segments [A1] are bolted together (through bolts [10], see page 1, lines 44-49) with at least one of the first crimping rings [A3] sandwiched between the adjacent first roller segments (see Fig. 1); and adjacent second roller segments [B1] are bolted together (through bolts [10], see page 1, lines 44-49) with at least one of the second crimping rings [B4] sandwiched between the adjacent second roller segments (see Fig. 1).
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 connection of the first and second roller segments to the first and second crimping rings respectively of Gehrking with the bolts of Faber since both are ways to connect the first roller segment to the first crimping ring wherein the first crimping ring is sandwiched between adjacent first roller segments; therefore, yielding the same predictable result.
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 FR 1412195 A discloses a similar forage conditioning apparatus comprising a first conditioner roller (see Fig. 4) including a plurality of first roller segments [2] and a plurality of crimping rings [1].
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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/SUNNY D WEBB/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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