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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 13, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it refers to “[Fig. 3]” which is improper United States from. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10 fails to end in a period (.).
Appropriate correction is required.
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, 2 and 5-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Hullebusch (USP 9,913,431).
Regarding claim 1 and 10-12: Van Hullebusch discloses a concave arrangement for a combine harvester (as seen in figures 1-9) comprising:
a frame (as seen in figure 2, generally 72) comprising at least three arcuate support arms (as seen in figure 2, at 80, 82) arranged parallel to each other in a row;
a set of at least two concave sections for positioning side-by-side along an axial direction of the concave arrangement (as seen in figure 1, at 42), each concave section for positioning between a respective adjacent pair of support arms, supported by those support arms,
wherein the concave arrangement comprises a roller arrangement (“a roller arrangement” as defined by the lower edge of 98 as seen in figure 3 against 76 as seen in figure 2 and as discussed in column 5, lines 53-58) between each concave section and each of the adjacent pair of support arms such that each concave section is slidable around the frame along an arcuate path between installed and retracted positions (as seen in figures 4-9),
and wherein the concave arrangement comprises a fixing (as seen in figure 8, at 100; also, column 6, lines 3-8) for fixing the concave sections to the frame in their installed positions.
Further, Van Hullebusch discloses the combine having a cutting head (as seen in figure 1, area of 18), an adjustable threshing system (column 1, lines 25-27) having a rotor (as seen in figure 1, area of 40) and a grain cleaning system for receiving the cut and threshed crop material (as seen in figure 1, generally 26).
Regarding claim 2: Van Hullebusch discloses the concave arrangement for a combine harvester of claim 1. Further, Van Hullebusch discloses wherein each support arm comprises a spacer portion (as seen in figure 2, at 78) and a base portion (as seen in figure 2, area of 80), wherein the base portion supports the concave section (as seen in figure 9, via member 74).
Regarding claims 5 and 6: Van Hullebusch discloses the concave arrangement for a combine harvester of claim 1. Further, Van Hullebusch discloses wherein the concave sections comprise a recess (as seen in figure 3, at 94) on each lateral side and each base portion comprises a radially inwardly projecting roller (as seen in figure 2, at 74), wherein the radially inwardly projecting roller is configured to be fully received within an associated recess when the concave section is in the installed position (as seen in figure 9).
Regarding claim 7: Van Hullebusch discloses the concave arrangement for a combine harvester of claim 1. Further, Van Hullebusch discloses wherein each concave section comprises a stop plate at a back face of the concave section (as seen in figure 3, area of 96), wherein the stop plate is boltable (as seen in figure 9, via 100) to the frame when the concave section is in the installed position
Regarding claim 8: Van Hullebusch discloses the concave arrangement for a combine harvester of claim 1. Further, Van Hullebusch discloses wherein the concave section comprises alignment pins (as seen in figure 9, at 100) at a front face (as seen in figure 3, area of 96) of the concave section, wherein the alignment pins pass through alignment openings of the frame when the concave section is in the installed position.
Note: Because claims 7 and 8 are not related to one another and both depend from claim 1, “front” and “back” faces can and are being used interchangeably.
Regarding claim 9: Van Hullebusch discloses the concave arrangement for a combine harvester of claim 1. Further, Van Hullebusch discloses the device comprising sliders between the concave sections and the frame (as seen in figure 2, at 76).
Allowable Subject Matter
Claims 3 and 4 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not disclose or fairly suggest in combination with other claimed features/limitations a concave arrangement for a combine harvester wherein a concave section of the arrangement comprises a radially outwardly projecting roller at each lateral side of the concave section or wherein the concave arrangement comprises a base portion of each support arm wherein the base portion comprises a recess and each concave section comprises a radially outwardly projecting roller, wherein the radially outwardly projecting roller is configured to be fully received within an associated recess when the concave section is in the installed position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kile (USP 9,723,791) discloses a concave arrangement having a frame and replaceable concave sections.
Dammann et al. (USP 6,398,639) discloses a concave arrangement having slidable concave portions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT ERIC PEZZUTO whose telephone number is (703)756-1320. The examiner can normally be reached Monday-Friday 7am-3:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROBERT E PEZZUTO/Examiner, Art Unit 3671