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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schreiner (US 2016/0128277 A1), hereinafter Schreiner.
Regarding claim 1, Schreiner discloses a picking unit (14, fig. 1, [0027-0028]) for a cotton harvester (10, fig. 1, [0027]) comprising:
a first rotating picking drum (20, fig. 4 and 8-9, [0028 and 0032]) having a first plurality of rotating picker spindles (30 that is associated with 20, fig. 4 and 8-9, [0029]);
a first pressure plate (58 that is associated with 20, fig. 4 and 8-9, [0032-0035]) mounted on a first hinge (64 that is associated with 20, fig. 4-9, [0033]) and configured to pivot with respect to the first rotating picking drum (fig. 4-9, [0032-0033]);
a first plurality of torsion springs (68 that is associated with 20, fig. 5 and 7, [0033 and 0040]) configured to apply a biasing force on the first pressure plate (fig. 4-9, [0032-0033 and 0040]), wherein each spring of the first plurality of torsion springs includes a first end connected to the first hinge (fig. 5 and 7) and a second end in contact with the first pressure plate (70 that is associated with 20, fig. 5 and 7, [0033]); and
an actuator (134 that is associated with 20, fig. 4-9, [0042-0043]) configured to vary the biasing force applied by the first plurality of torsion springs by rotating the first hinge (fig. 4-9, [0042-0043]).
Regarding claim 8, Schreiner further discloses further comprising:
a second rotating picking drum (22, fig. 4 and 8-9, [0028, 0030, and 0032]) having a second plurality of rotating picker spindles (30 that is associated with 22, fig. 4 and 8-9, [0029-0030]);
a second pressure plate (58 that is associated with 22, fig. 4 and 8-9, [0030 and 0032-0035]) mounted on a second hinge (64 that is associated with 22, fig. 4-9, [0030 and 0033]) and configured to pivot with respect to the second rotating picking drum (fig. 4-9, [0030 and 0032-0033]); and
a second plurality of torsion springs (68 that is associated with 22, fig. 5 and 7, [0030, 0033, and 0040]) configured to apply a biasing force on the second pressure plate (fig. 4-9, [0030, 0032-0033, and 0040]), wherein each spring of the second plurality of torsion springs includes a first end connected to the second hinge (fig. 5 and 7) and a second end in contact with the second pressure plate (70 that is associated with 22, fig. 5 and 7, [0030 and 0033]), wherein the actuator (134 that is associated with 22, fig. 4-9, [0030 and 0042-0043]) is configured to vary the biasing force apply by the second plurality of torsion springs by rotating the second hinge (fig. 4-9, [0030 and 0042-0043]).
Regarding claim 9, Schreiner further discloses wherein the actuator is a linear actuator (134 moves up and down to actuate the door and hinge and therefore the pressure plate, fig. 4-9, [0032-0035 and 0042-0043], wherein the 134 affects 70, a part of 68, which in turn affects the hinge 64 and the pressure plate 58).
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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Schreiner (US 2016/0128277 A1), hereinafter Schreiner in view of Payne (3,460,399), hereinafter Payne.
Regarding claim 2, Schreiner discloses claim 1, but fails to explicitly disclose wherein the actuator is a rotary actuator.
Payne teaches a similar device in the same field of harvesters wherein the actuator (180, col. 4 lines 16-41) is a rotary actuator (col. 4 lines 16-41, wherein the rotating lever actuates the shaft 188).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have simply substituted the actuator the is operated by the operator of Schriner to be a rotary actuator of Payne in order to yield the predictable result of actuating the shaft (col. 4 lines 16-41 of Payne).
Claims 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Schreiner (US 2016/0128277 A1), hereinafter Schreiner in view of Carlson et al. (US 2021/0092901 A1), hereinafter Carlson.
Regarding claim 12, Schreiner discloses a cotton picker ([0022-0023]) comprising (see below):
a self-propelled harvesting machine ([0004, 0022-0023, and 0027]);
a plurality of picking units, wherein each picking unit of the plurality of picking units includes (see below):
a rotating picking drum (20 and 22, fig. 4 and 8-9, [0028, 0030, and 0032]) having a first plurality of rotating picker spindles (30, fig. 4 and 8-9, [0029], see also [0030]).
a hinge (64, fig. 4-9, [0033], see also [0030]);
a pressure plate (58, fig. 4 and 8-9, [0032-0035], see also [0030]) mounted on the hinge and configured to pivot with respect to the rotating picking drum (fig. 4-9, [0032-0033], see also [0030]);
a plurality of torsion springs (68, fig. 5 and 7, [0033 and 0040], see also [0030]) configured to apply a biasing force on the pressure plate (fig. 4-9, [0032-0033 and 0040], see also [0030]), wherein each spring of the plurality of torsion springs includes a first end connected to the hinge (fig. 5 and 7) and a second end in contact with the pressure plate (70, fig. 5 and 7, [0033], see also [0030]); and
an actuator (134, fig. 4-9, [0042-0043], see also [0030]) configured to vary the biasing force applied by the plurality of torsion springs by rotating the hinge (fig. 4-9, [0042-0043], see also [0030]).
However, Schreiner fails to explicitly disclose a chassis supported by a plurality of ground engaging members; and a power module configured to power at least one of the plurality of ground engaging members. Schriener though does disclose that the device of schreiner is a “a self-propelled harvesting machine” ([0004, 0022-0023, and 0027]).
Carlson teaches a similar device in the same field of cotton harvesters wherein a chassis (102, fig. 1, [0024]) supported by a plurality of ground engaging members (104 and 106, fig. 1, [0024]); and a power module ([0027], the diesel or gas engine) configured to power at least one of the plurality of ground engaging members ([0027]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have simply substituted the generic self-propelled harvesting machine of Schriener with the structural and mechanical details of the self-propelled harvesting machine including a chassis, wheels, and powering module of Carlson to yield the predictable result of supporting and moving the device across the field to harvest the cotton ([0025-0027] of Carlson; [0004] of Schreiner).
Further regarding claim 12, Schriener in view of Carlson teaches the above, but fails to explicitly disclose a round module builder that includes an accumulator; and an air duct system coupleable to the plurality of picking units and the accumulator.
Carlson teaches a similar device in the same field of cotton harvesters wherein a round module builder (132, fig. 1, [0026], wherein the module builder ‘rolls the mat into a compact bale” which is round) that includes an accumulator (130, fig. 1, [0026]); and an air duct system (112, fig. 1, [0026]) coupleable to the plurality of picking units (112 is connected to the pick-up unit 110, fig. 1, [0025-0026]) and the accumulator (112 is connected to the accumulator 130, fig. 1, [0026]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schriener to incorporate the round module builder, accumulator, and air duct of Carlson in order to move the cotton and bale it for use (fig. 1, [0025-0026]).
Regarding claim 19, Schriener in view of Carlson further teaches wherein the actuator is a linear actuator (134 moves up and down to actuate the door and hinge and therefore the pressure plate, fig. 4-9, [0032-0035 and 0042-0043 of Schriener], wherein the 134 affects 70, a part of 68, which in turn affects the hinge 64 and the pressure plate 58).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Schreiner (US 2016/0128277 A1), hereinafter Schreiner in view of Carlson et al. (US 2021/0092901 A1), hereinafter Carlson and further in view of Payne (3,460,399), hereinafter Payne.
Regarding claim 13, Schreiner discloses claim 12, but fails to explicitly disclose wherein the actuator is a rotary actuator.
Payne teaches a similar device in the same field of harvesters wherein the actuator (180, col. 4 lines 16-41) is a rotary actuator (col. 4 lines 16-41, wherein the rotating lever actuates the shaft 188).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have simply substituted the actuator of Schriner to be a rotary actuator of Payne in order to yield the predictable result of actuating the shaft (col. 4 lines 16-41 of Payne).
Allowable Subject Matter
Claims 3-7, 10-11, and 14-18 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.
Claims 3 and 14 would be allowable because “a second gear disposed on the first hinge, wherein the first gear is configured to engage the second gear” and when taken in conjunction with the other limitations of the claim and the parent claims. There is no obvious reason for a modification for why “a second gear disposed on the first hinge, wherein the first gear is configured to engage the second gear” without undue hindsight. Claims 4-7 and 15-18 would be allowable for depending off of claims 3 and 14.
Claims 10 and 20 would be allowable because no prior art was found that teaches “a hinge including an arm fixedly attached to an end of the hinge; a first end of the linear actuator is pivotally coupled to the bracket; and a second end of the actuator is pivotally coupled the arm” and when taken in conjunction with the other limitations of the claim and the parent claims. While this may be taught in unrelated prior art areas there is no obvious reason to bring this into a cotton harvester and attach it as used here. It would require undo hindsight to make this modification.
Claim 11 would be allowable because of “wherein the actuator is a hydraulicly powered actuator” when taken in conjunction with the other limitations of the claim and the parent claims. While it is possible to actuate a post by a hydraulic actuator, it does not make sense to do so when the post is controlled by a bolt that is set. It would require undo hindsight to make this modification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wallestad et al. (US 2021/0360858 A1) – also teaches a round modular builder.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer A Railey whose telephone number is (571)270-7353. The examiner can normally be reached M-F (8-4).
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/JENNIFER A RAILEY/Examiner, Art Unit 3676
/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672
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