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 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 1-2, 6, 9-10, 15-16, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fritz (US 4084396 A).
Regarding claim 1, Fritz discloses a flexible header for an agricultural harvester, comprising:
a crop engagement assembly (112) comprising a first portion (114, 118) and a second portion (114, 118), wherein the first portion is configured to couple to a first row unit (20) of the flexible header, the second portion is configured to couple to a second row unit (22) of the flexible header, which is directly adjacent to the first row unit, the first and second portions are configured to move relative to one another in response to lateral flexing of the flexible header at a pivot joint (134) positioned laterally between the first and second row units, and the crop engagement assembly is configured to establish an uninterrupted crop engaging exterior during the lateral flexing of the flexible header.
Regarding claim 2, Fritz discloses the flexible header of claim 1, wherein the first and second portions of the crop engagement assembly overlap one another to establish the uninterrupted crop engaging exterior (col. 4 lines 1-25).
Regarding claim 6, Fritz discloses the flexible header of claim 1, wherein the crop engagement assembly comprises a hood, a divider, or a combination thereof (see fig. 1, both the divider and hood are adjustable).
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Regarding claim 9, Fritz discloses a flexible header for an agricultural harvester, comprising:
a hood comprising a first portion and a second portion, wherein the first portion of the hood is configured to couple to a first row unit (20) of the flexible header, the second portion of the hood is configured to couple to a second row unit (22) of the flexible header, which is directly adjacent to the first row unit, the first and second portions of the hood are configured to move relative to one another in response to lateral flexing of the flexible header at a pivot joint (134) positioned laterally between the first and second row units, and the hood is configured to establish an uninterrupted crop engaging exterior during the lateral flexing of the flexible header (col. 4 lines 1-25); and
a divider comprising a first portion and a second portion, wherein the first portion of the divider is configured to couple to the first row unit of the flexible header, the second portion of the divider is configured to couple to the second row unit of the flexible header, the first and second portions of the divider are configured to move relative to one another in response to the lateral flexing of the flexible header at the pivot joint (134), and the divider is configured to establish an uninterrupted crop engaging exterior during the lateral flexing of the flexible header (col. 4 lines 1-25).
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Regarding claim 10, Fritz discloses the flexible header of claim 9, wherein the first and second portions of the hood overlap one another to establish the uninterrupted crop engaging exterior of the hood, the first and second portions of the divider overlap one another to establish the uninterrupted crop engaging exterior of the divider, or a combination thereof (see fig. 1, col. 4 lines 1-25).
Regarding claim 15, Fritz discloses a flexible header for an agricultural harvester, comprising:
a frame (10) having a first section and a second section;
a pivot joint (134) pivotally coupling the first and second sections to one another;
a first row unit (20) positioned on a first lateral side of the pivot joint (134);
a second row unit (22) positioned on a second lateral side of the pivot joint, opposite the first lateral side, wherein the first and second row units are directly adjacent to one another; and
a crop engagement assembly comprising a first portion (114, 118) and a second portion (114, 118), wherein the first portion is coupled to the first row unit (20), the second portion is coupled to the second row unit (22), the first and second portions are configured to move relative to one another in response to lateral flexing of the flexible header at the pivot joint, and the crop engagement assembly is configured to establish an uninterrupted crop engaging exterior during the lateral flexing of the flexible header (see fig. 1 above, col. 4 lines 1-25).
Regarding claim 16, Fritz discloses the flexible header of claim 15, wherein the first and second portions of the crop engagement assembly overlap one another to establish the uninterrupted crop engaging exterior (see fig. 1 above, col. 4 lines 1-25).
Regarding claim 20, Fritz discloses the flexible header of claim 15, wherein the crop engagement assembly comprises a hood, a divider, or a combination thereof (see fig. 1, both the divider and hood are adjustable).
Claims 1, 3, 5-9, 11, 13-15, 17, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nusser (EP 0301177 A1).
Regarding claim 1, Nusser discloses a flexible header (1) for an agricultural harvester, comprising:
a crop engagement assembly (5, 19) comprising a first portion and a second portion (5 and 5’, 19 and 19’, see paragraph 0020), wherein the first portion is configured to couple to a first row unit of the flexible header, the second portion is configured to couple to a second row unit of the flexible header, which is directly adjacent to the first row unit, the first and second portions are configured to move relative to one another in response to lateral flexing of the flexible header at a pivot joint positioned laterally between the first and second row units, and the crop engagement assembly is configured to establish an uninterrupted crop engaging exterior during the lateral flexing of the flexible header.
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Regarding claim 3, Nusser discloses the flexible header of claim 1, wherein the crop engagement assembly comprises a stretchable section (18) coupled to the first and second portions to establish the uninterrupted crop engaging exterior (paragraph 0020).
Regarding claim 5, Nusser discloses the flexible header of claim 3, wherein the stretchable section comprises a folding structure (18).
Regarding claim 6, Nusser discloses the flexible header of claim 1, wherein the crop engagement assembly comprises a hood (5), a divider (19), or a combination thereof.
Regarding claim 7, Nusser discloses The flexible header of claim 1, comprising a second crop engagement assembly comprising a first portion and a second portion, wherein the first portion of the second crop engagement assembly is configured to couple to the first row unit of the flexible header, the second portion of the second crop engagement assembly is configured to couple to a third row unit of the flexible header, which is directly adjacent to the first row unit, the first and second portions of the second crop engagement assembly are configured to move relative to one another in response to the lateral flexing of the flexible header at the pivot joint, and the second crop engagement assembly is configured to establish an uninterrupted crop engaging exterior during the lateral flexing of the flexible header (see fig. 1, paragraph 0020, multiple crop engagement assemblies of the header are adjustable in the same way).
Regarding claim 8, Nusser discloses the flexible header of claim 7, wherein the second crop engagement assembly comprises a hood (5), a divider (19), or a combination thereof.
Regarding claim 9, Nusser discloses a flexible header for an agricultural harvester, comprising:
a hood (5) comprising a first portion (5) and a second portion (5’), wherein the first portion of the hood is configured to couple to a first row unit of the flexible header, the second portion of the hood is configured to couple to a second row unit of the flexible header, which is directly adjacent to the first row unit, the first and second portions of the hood are configured to move relative to one another in response to lateral flexing of the flexible header at a pivot joint positioned laterally between the first and second row units, and the hood is configured to establish an uninterrupted crop engaging exterior during the lateral flexing of the flexible header (paragraph 0020); and
a divider (19) comprising a first portion (19) and a second portion (19’), wherein the first portion of the divider is configured to couple to the first row unit of the flexible header, the second portion of the divider is configured to couple to the second row unit of the flexible header, the first and second portions of the divider are configured to move relative to one another in response to the lateral flexing of the flexible header at the pivot joint, and the divider is configured to establish an uninterrupted crop engaging exterior during the lateral flexing of the flexible header (paragraph 0020).
Regarding claim 11, Nusser discloses the flexible header of claim 9, wherein the hood comprises a stretchable section (18) coupled to the first and second portions of the hood to establish the uninterrupted crop engaging exterior of the hood, the divider comprises a stretchable section coupled to the first and second portions of the divider to establish the uninterrupted crop engaging exterior of the divider, or a combination thereof (paragraph 0020).
Regarding claim 13, Nusser discloses the flexible header of claim 11, wherein the stretchable section of the hood (5) comprises a folding structure, the stretchable section of the divider (19) comprises a folding structure, or a combination thereof (paragraph 0020).
Regarding claim 14, Nusser discloses the flexible header of claim 9, comprising:
a second hood (5) comprising a first portion (5) and a second portion (5’), wherein the first portion of the second hood is configured to couple to the first row unit of the flexible header, the second portion of the second hood is configured to couple to a third row unit of the flexible header, which is directly adjacent to the first row unit, the first and second portions of the second hood are configured to move relative to one another in response to the lateral flexing of the flexible header at the pivot joint, and the second hood is configured to establish an uninterrupted crop engaging exterior during the lateral flexing of the flexible header (see fig. 1, paragraph 0020); and
a second divider (19) comprising a first portion (19) and a second portion (19’), wherein the first portion of the second divider is configured to couple to the first row unit of the flexible header, the second portion of the second divider is configured to couple to the third row unit of the flexible header, the first and second portions of the second divider are configured to move relative to one another in response to the lateral flexing of the flexible header at the pivot joint, and the second divider is configured to establish an uninterrupted crop engaging exterior during the lateral flexing of the flexible header (see fig. 1, paragraph 0020).
Regarding claim 15, Nusser discloses a flexible header for an agricultural harvester, comprising:
a frame having a first section and a second section;
a pivot joint (see fig. 1) pivotally coupling the first and second sections to one another;
a first row unit (see fig. 1) positioned on a first lateral side of the pivot joint;
a second row unit (see fig. 1) positioned on a second lateral side of the pivot joint, opposite the first lateral side, wherein the first and second row units are directly adjacent to one another; and
a crop engagement assembly comprising a first portion (5) and a second portion (19), wherein the first portion is coupled to the first row unit, the second portion is coupled to the second row unit, the first and second portions are configured to move relative to one another in response to lateral flexing of the flexible header at the pivot joint, and the crop engagement assembly is configured to establish an uninterrupted crop engaging exterior during the lateral flexing of the flexible header (paragraph 0020).
Regarding claim 17, Nusser discloses the flexible header of claim 15, wherein the crop engagement assembly comprises a stretchable section (18) coupled to the first and second portions to establish the uninterrupted crop engaging exterior.
Regarding claim 19, Nusser discloses the flexible header of claim 17, wherein the stretchable section comprises a folding structure (18).
Regarding claim 20, Nusser discloses the flexible header of claim 15, wherein the crop engagement assembly comprises a hood (5), a divider (19), or a combination thereof.
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.
Claims 4, 12, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nusser (EP 0301177 A1) in view of Benes (US 20190045710 A1).
Regarding claims 4, 12, and 18, Nusser discloses the flexible header of claims 3, 11, and 17.
Nusser does not disclose wherein the stretchable section comprises a stretchable fabric.
Benes discloses a corn harvesting header with row units, wherein a fabric (canvas, 13) may be used as a stretchable/flexible component (paragraph 0047).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided Nusser with a stretchable fabric material for the stretchable section, as disclosed by Benes, as an alternative design for the same crop engagement assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4538404 A discloses a width adjustable row unit for a corn header.
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.
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/MADELINE I RUNCO/ Examiner, Art Unit 3671
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