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
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.
Claim(s) 1-5, 7-9, 11, 14-18, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horst US1054119.
Regarding claim 1, Horst teaches a picking module (Figure 1-2) to separate an article from a vine (hops), comprising:
a housing 15;
at least a first set of grasper drums (selected adjacent pairs of 31) and a second set of grasper drums (selected adjacent pairs of 35) disposed within the housing 15, wherein the first and second set of grasper drums are configured to rotate at a first speed (page 3: 100-105 “These auxiliary drums are preferably run at greater speed than the large drums”, wherein the speed of the large drums is the first speed);
at least one set of picking drums 32 (the pair of horizontally adjacent drums 32) disposed within the housing 15, wherein the at least one set of picking drums 32 is disposed between the first set of grasper drums and the second set of grasper drums (32 is vertically between the sets 31 and 35), wherein the set of picking drums 32 are configured to rotate at a second speed faster than the first speed (page 3: 100-105 "These auxiliary drums are preferably run at greater speed than the large drums and are particularly effective owing to that fact and their free or floating mounting in removing any remaining hops", wherein 32 is referred to as the auxiliary drums, and 31 and 35 are shown in Figure 2 as the large drums), wherein at least the first set of grasper drums is configured to hold the vine (via 43 engaging the vine Page 3: 71-75 “…the action of the drums imparts a vibratory movement to the vines, thus causing all of its branches to come into contact with the picking members and prevents the bunching and twisting of the vines” and Page 3: 83-90 “any hops which may be caried by branches broken or detached from the main vine will be caught and pulled off and any broken vines, clusters of hops or masses of leaves that are caught or entangled in one set of fingers will be removed by the set on the opposite drum passing tangentially thereto, whereby the pickers are made self-cleaning”) or at least the first and second sets of grasper drums are configured to hold the vine in tension to separate the article from the vine with the set of picking drums 32.
It is noted that the claims do not specify the orientation of the grasper drum sets or the orientation of the set of picking drums, or how the set of picking drums are disposed between the first and second grasper drum sets.
Regarding claim 2, Horst teaches that each drum of the first set of grasping drums, the second set of grasping drums, and the picking drum is disposed on a respective rotating shaft (shafts 39 and the center of 32).
Regarding claim 3, Horst teaches that each drum of the first set of grasping drums comprises a plurality of spaced apart paddles 43 (wherein 43 radially extend outwards, are rotated, and when rotated, contact the crop to move the crop, thus are considered paddles) coupled thereto, and wherein each drum of the second set of grasping drums comprises a plurality of spaced apart paddles 43 (attached to 35) coupled thereto.
Regarding claim 4, Horst teaches that the paddles 43 of one set of the first set of grasper drums are configured to be interlaced with the paddles 43 of the other set of the first set of grasper drums during rotation thereof (wherein the paddles are shown adjacent to each other and are cooperative to move the vines, as described above, during rotation, thus are considered to be “interlaced” with each other), wherein the paddles 43 of the first set and second set of grasper drums are configured to grasp and advance the vine in a first direction (the above described Page 3: 71-75).
Regarding claim 5, Horst teaches that the first set and second set of grasper drums each have eight paddles 43 (wherein at least eight paddles are shown in Figures 1 and 2) coupled thereto.
Regarding claim 7, Horst teaches that the paddles 43 comprise at least one of a straight edge (wherein the profile of 42, as shown in Figure 9, is straight, and provides at least an edge on the left and right sides of Figure 8) and a corrugated, rigged surface.
Regarding claim 8, Horst teaches that each drum of the set of picking drums 32 comprise a plurality of spaced apart fingers (the curved lines extending from the center, as shown in Figure 2) coupled thereto and configured to remove the articles from the vine.
Regarding claim 9, Horst teaches that the plurality of spaced apart fingers includes a curved surface (wherein the lines form a bent-curved surface) configured to remove the articles from the vine.
Regarding claim 11, Horst teaches that one grasper drum of the first set of grasper drums is configured to rotate in a clockwise direction (Figure 1 shows arrows for 31 rotating clockwise) and the other grasper drum of the first set of grasper drums is configured to rotate in a counter-clock direction (Figure 12 shows 35 arrows rotating counterclockwise).
Regarding claim 14, Horst teaches that the paddles 43 are configured to grasp the vine and advance the vine in a first direction, and wherein the at least one set of picking drums 32 is configured to separate the article from the vine.
Regarding claim 15, Horst teaches that the article comprises at least one of:
a hop (title “Apparatus for picking hops”.
Regarding claim 16, Horst teaches a system of separating an article (hops) from a vine (hops vine), comprising:
a feeding system 17 to convey a vine (hops vine) having an article (hops) thereon;
a picking module (Figure 1-2) to receive the vine from the feeding system, the module comprising a housing 15, at least a first set of grasper drums (selected adjacent pairs of 31) and a second set of grasper drums (selected adjacent pairs of 35) disposed within the housing 15, wherein the first and second set of grasper drums rotate at a first speed (page 3: 100-105 “These auxiliary drums are preferably run at greater speed than the large drums”, wherein the speed of the large drums is the first speed), and at least one set of picking drums 32 disposed within the housing 15, wherein the at least one set of picking drums 32 is disposed between the first set of grasper drums and the second set of grasper drums and the set of picking drums 32 rotate at a second speed (as recited above) faster than the first speed, wherein the first and second sets of grasper drums and the set of picking drums 32 are configured to at least one of hold the vine in tension and separate the article from the vine (as recited above); and
a collection device 45 configured to receive the article from the vine.
Regarding claim 17, Horst teaches a method of separating an article from a vine (hops, as described above), comprising:
feeding a vine having an article thereon into a picking module (Figure 1-2) at a predetermined angle (the angle for 17), wherein the picking module (Figure 1-2) comprises a housing 15, at least a first set of grasper drums (selected adjacent pairs of 31) and a second set of grasper drums (selected adjacent pairs of 35) disposed within the housing 15, at least one set of picking drums 32 disposed within the housing 15, wherein the at least one set of picking drums 32 is disposed between the first set of grasper drums and the second set of grasper drums;
rotating the first and second set of grasper drums at a first speed (page 3: 100-105 “These auxiliary drums are preferably run at greater speed than the large drums”, wherein the speed of the large drums is the first speed) and rotating the set of picking drums 32 at a second speed (as recited above) faster than the first speed;
holding the vine in tension between the first set of grasper drums and the second set of grasper drums (by engaging the vine with the above described paddles); and
separating the article from the vine with at least the set of picking drums 32.
Regarding claim 18, Horst teaches that each drum of the first set of grasping drums comprise a plurality of spaced apart paddles 43 (as recited above) coupled thereto and wherein each drum of the second set of grasping drums comprise a plurality of spaced apart paddles 43 coupled thereto, the method further comprising:
grasping the vine with a first set of paddles 43 mounted on the first set of grasping drums (when the paddles are rotated to engage the vine as described above); and
grasping the article with a set second of paddles 43 coupled to the second set of grasping drums to hold the vine in tension between the first set of grasper drums and the second set of grasper drums (when the vine is held and entangled between the two sets of paddles).
Regarding claim 20, Horst teaches that the article is a vine, and wherein the portion is at least one of: a hop (as recited above).
Claim Rejections - 35 USC § 103
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 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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horst in view of Desmarais US4913680.
Regarding claim 6, Horst teaches the claim, as described above, but does not teach that the paddles 43 comprise at least one of metal, a synthetic material, wood, pressed fibers, and high density polyethylene.
Horst, however, teaches that 43 is formed from wire.
Desmarais teaches that it is known in the art for a wire for paddles/tines 41 for grasper drums 40 to be made of metal (Column 6: 23-24: spring steel).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Horst’s wire paddle in view of Desmarais’ wire paddle to be made of metal as a known material for forming the wire paddle.
Claim(s) 10, 12, 13, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horst alone.
Regarding claims 10 and 19, Horst teaches the claim, as described above, but does not teach that the first speed is between 5% and 50% slower than the second speed.
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date, to contrive any number of desirable ranges for the speed differences between the first and second speed limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Refer to MPEP § 2144.05.
Regarding claim 12, Horst teaches the claim, as described above, but does not teach a second set of picking drums 32 disposed within the housing 15 and adjacent the second set of grasper drums, wherein the second set of picking drums 32 are configured to rotate at the second speed and to remove an article from the vine.
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to duplicate the auxiliary drums/set of picking drums, since it has been held that mere duplication of the essential working parts of a device involves only routine skilled the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. The auxiliary drums Page 3: 100-105 remove remaining hops. Therefore, providing a second set of picking drums would increase the hops removal by the auxiliary/picking drums. In the case above, it was found that while the addition of multiple plies to the concept of the Poppe had undoubtedly made it stronger, it is not the type of innovation for which a patent monopoly is to be granted.
The modification would also provide the second set of picking drums 32 are configured to rotate at the second speed and to remove an article from the vine (the above described speed).
Regarding claim 13, Horst teaches a third set of grasper drums (another set of upper and lower drums 31 and 35), the third set of grasper drums rotating at the first speed (the speeds described above).
Horst does not teach the third set of grasper drums disposed within the housing 15 and adjacent the second set of picking drums 32,
The duplication would place the third set of grasper drums adjacent the second set of picking drums, such that the picking drums can remove remaining hops from going through the third set of grasper drums.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Crane US3959850 teaches a picking module to separate an article (feathers) from a main component (the fowl), comprising: a housing 10, a first set of grasper drums (one set of aligned drums 72 and 74), a second set of grasper drums (another set of drums 72 and 74 that are spaced apart from the first set by at least one set of drums), and a set of picking drums (the middle drums 72 and 74 between the first and second set) disposed between the first and second grasper drums.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cathleen Hutchins whose telephone number is (571)270-3651. The examiner can normally be reached M-F 11am-9:30PM EST.
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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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/CATHLEEN R HUTCHINS/Primary Examiner, Art Unit 3672 9/1/2026
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