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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the tailings collection trough in claim 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2 and 4 are objected to because of the following informalities:
Claim 2, lines 2-3 recite “the same rotational direction”, should read – a same rotational direction – to fix antecedent basis issue.
Claim 4, line 3 recites “a base plane of the stratification pan”, should read – the base plane of the stratification pan – due to earlier mention of the base plane in claim 1, line 7.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 sets forth “a second chute for directing tailings to a tailings collection trough.” and is dependent off of claim 7 which sets forth “the grain cleaning apparatus further comprises a clean grain chute below the lower sieve.” From Applicant’s drawings in Figs. 2-3, the clean grain chute [70] resides in a trough [72] but moves the clean grain to the grain tank, while the second chute [60] moves the grain to be reprocessed (see Applicant’s specification para. [0058], lines 1-9).
It is unclear how the second chute directs the tailings to a tailing collection trough. Specifically, the only trough detailed within the drawings is trough [72]. The second chute moves the grain upwards to be reprocessed and wouldn’t move it to a separate collection trough or the clean grain tank; therefore, the claim is rejected for being indefinite.
For the purpose of the examination, the examiner is interpreting this limitation to mean “a second chute for directing tailings to the threshing system.”
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) 1-6, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Ricketts et al. (US 9814184 B2) in view of Hagerer et al. (US 4875889 A).
Regarding claim 1, Ricketts et al. teaches a grain cleaning apparatus (see Fig. 1) for a combine harvester [10], comprising:
a stratification pan ([22]; see Col. 3, lines 40-47) for receiving material from a threshing system [16] of the combine harvester;
a divider (see below) for dividing the material into lanes (lanes on either side of divider, splits the pan into sections) on the stratification pan, the divider comprising a partition wall (dividers are partition walls, see Fig. 4; upwardly extending wall that splits the pan into lanes) which extend normally upwardly from a base plane (see below) of the stratification pan, the lanes extending in a fore-aft direction (dividers extend in a fore-aft direction on the pan and therefore the lanes extend in a fore-aft direction, see Figs. 1 and 4) of the combine harvester, wherein at least some of the dividers are provided with a respective pivotable guide plate [32] for guiding material into a lane at a selected side of the divider (when the harvester is inclined, the guide plate guides the material upwards and towards the inclined side, slowing the influx of material, see Col. 4, lines 15-31), wherein the guide plates each extend upwardly from the top of a respective divider (extend upwards from the divider, see Fig. 4) and are pivoted at the top of the respective divider (guide plate at position [45] is at the top of the divider, pivoted from the top to the position [44], see Fig. 4; therefore, is pivoted at the top of the divider between the two positions); and
a controller [46] configured to control the pivoting of the guide plates in dependence on a lateral inclination (see Col. 4, lines 15-31) of the combine harvester.
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But Ricketts et al. fails to explicitly disclose a set of dividers for dividing the material into lanes on the stratification pan.
Hagerer et al. discloses a similar grain cleaning apparatus [30 and 32] for a combine harvester [22] comprising a stratification pan [30] having a set of dividers [34] for dividing the material into lanes (see below; on either side of each divider) on the stratification pan, and wherein at least some of the dividers are provided with a respective pivotable guide plate ([36], pivotable about [38]).
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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 modify the divider on the stratification pan of Ricketts et al. to include a set of dividers as taught by Hagerer et al. in order to split the stratification pan into sections, helping to convey the crop material along the pan (see Hagerer et al. Col. 3, lines 36-46). It can be seen then that, when the divider of Ricketts et al. is modified to include a set of dividers as taught by Hagerer et al., each divider of Ricketts et al. is provided with a respective pivotable guide plate as disclosed by Hagerer et al. (see Fig. 4 and Col. 3, lines 36-46).
Regarding claim 2, Ricketts et al., of the above resultant combination, further discloses wherein the controller [42] is configured to pivot the guide plate [32] in a rotational direction (see Fig. 4), but fails to disclose the controller pivots the guide plates in unison in the same rotational direction.
Hagerer et al. discloses a similar grain cleaning apparatus [30 and 32] for a combine harvester [22] wherein the controller [14] is configured to pivot the guide plates ([36]; each on dividers [34]) in unison in the same rotational direction (see Col. 5, lines 3-17).
It can be seen then that when the divider of Ricketts et al. is modified to include a set of dividers as taught by Hagerer et al. that the controller of Ricketts et al. would pivot each guide plate of the plurality of guide plates as disclosed by Ricketts et al. (see Col. 4, lines 15-31). Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Ricketts et al. to pivot all of the guide plates in unison in the same rotational direction as taught by Hagerer et al. in order to rotate the guide plates collectively to deflect the crop material in the same direction (see Hagerer et al. Col. 5, lines 3-17).
Regarding claim 3, Ricketts et al. discloses the grain cleaning apparatus as applied above, as well as a divider (see above) with a guide plate [32], but fails to explicitly disclose a central divider with a central guide plate extending along a central length axis of the stratification pan, and lateral dividers with lateral guide plates.
However, Hagerer et al. discloses wherein the dividers [34] comprise a central divider (see below) with a central guide plate (see below) extending along a central length axis (see below) of the stratification pan [30], and lateral dividers (see below) with lateral guide plates (see below).
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It can be seen then that when the divider of Ricketts et al. is modified to include a plurality of dividers as taught by Hagerer et al. that the plurality of dividers includes a central divider with a central guide plate and lateral dividers with lateral guide plates as disclosed by Hagerer et al. (see above).
Regarding claim 4, Ricketts et al., of the above resultant combination, further discloses wherein in response to a horizontal orientation (horizontal orientation of stratification pan, see Fig. 4), the guide plate [32] extends normally upwardly (extends upwards from the base plane of the pan, see Fig. 4) from a base plane (see above) of the stratification pan [22], and the guide plate [32] is positioned with an outward pivoted orientation (see angular position [45] in Fig. 4, pivoted away from the base plane) for guiding material away from the outermost lateral regions of the stratification pan (guides material upwards, preventing it from reaching the outermost lateral regions, see Col. 4, lines 15-31 and Fig. 4), but Ricketts et al. fails to explicitly disclose the central and lateral guide plates.
However, Hagerer et al. discloses wherein the dividers [34] comprise a central divider (see above) and lateral dividers (see above).
It can be seen then that when the divider of Ricketts et al. is modified to include a plurality of dividers as taught by Hagerer et al. that the central guide plate extends upwards from the base plane of the stratification pan and the lateral guide plates are positioned with the outward pivoted orientation as disclosed by Ricketts et al. (see positions [44 and 45] of guide plate in Fig. 4).
Regarding claim 5, Ricketts et al., of the above resultant combination, further discloses an inclination sensor [48] for sensing an angle of lateral inclination (see Col. 4, lines 21-26 and lines 51-60) of the combine harvester [10].
Regarding claim 6, Ricketts et al., of the above resultant combination, further discloses a fan (see below; while not explicitly shown, well known within the art to include a fan, as well as arrows of air flow in Fig. 1); and
a sieve arrangement [24 and 30] for receiving the harvested crop material from a rear end of the stratification pan (see Col. 3, lines 40-47 and lines 54-57).
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Regarding claim 9, Ricketts et al. discloses a grain processing system (see Fig. 1) for a combine harvester [10], comprising:
a threshing system [16];
a separating system [24 and 30]; and
the grain cleaning apparatus of claim 1 (see claim 1 above),
wherein the stratification pan [22] is for receiving the harvested crop material from the threshing system (see Col. 3, lines 40-47).
Regarding claim 11, Ricketts et al. discloses a combine harvester [10] comprising:
a crop cutting head [12]; and
the grain processing system of claim 9 (see claim 9 above) for receiving the cut and threshed crop material.
Claim(s) 7-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ricketts et al. (US 9814184 B2) and Hagerer et al. (US 4875889 A) as applied to claims 1-6, 9, and 11 above, and further in view of Andersen (US 12446489 B2).
Regarding claim 7, Ricketts et al., of the above resultant combination, further discloses wherein the sieve arrangement [24 and 30] comprises an upper sieve [24] for conveying harvested crop material in a generally rearward direction (see Col. 3, lines 40-47 and lines 54-57) and a lower sieve [30], and the grain cleaning apparatus further comprises a chute (see below; not explicitly shown but well known within the art to include a chute) below the lower sieve, but fails to explicitly disclose the upper sieve is a chaffer sieve and the chute is a clean grain chute.
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Andersen discloses a similar grain cleaning apparatus (see Fig. 1) for a combine harvester [10] wherein the sieve arrangement [50 and 52] comprises a chaffer sieve [50] for conveying harvested crop material in a generally rearward direction (see Col. 2, lines 48-55) and a lower sieve [52] further comprising a clean grain chute ([60], see Col. 2, lines 60-64) below the lower sieve.
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 upper sieve and chute of Ricketts et al. with the chaffer sieve and clean grain chute of Andersen since both are respectively upper sieves receiving the material from the threshing assembly and moving it rearwardly, and chutes within the harvester used for moving crop material; therefore, yielding the same predictable result.
Regarding claim 8, Ricketts et al., of the above resultant combination, further discloses a second chute (see below; not explicitly shown but well known within the art to include two chutes), but fails to explicitly disclose a second chute for directing tailings to the threshing system (please see 112(b) rejection above).
Andersen discloses a similar grain cleaning apparatus (see Fig. 1) for a combine harvester [10] comprising a second chute [58] for directing tailings to the threshing system ([26], see Col. 2, lines 55-59).
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 second chute of Ricketts et al. with the second chute of Andersen since both are chutes within the harvester used for moving crop material; therefore, yielding the same predictable result.
Regarding claim 10, the above combination discloses the grain cleaning apparatus as applied, but fails to explicitly disclose wherein the grain cleaning apparatus further comprises a return pan for receiving the harvested crop material from the threshing system and wherein the stratification pan is for receiving the harvested crop material from a front end of the return pan.
Andersen discloses a similar grain cleaning apparatus [10] further comprises a return pan [38] for receiving the harvested crop material from the threshing system [26] and wherein the stratification pan [40] is for receiving the harvested crop material from a front end (see Fig. 1 and Col. 2, lines 23-29) of the return pan.
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 return pan of Andersen on the grain cleaning apparatus of Ricketts et al. and Hagerer et al. in order for the return pan to work with the stratification pan for material conveyance to move the separated crop material to the grain cleaning shoe (see Andersen Col. 2, lines 13-22).
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 US 20170311547 A1 discloses a similar grain cleaning apparatus [100] comprising a plurality of guide plates [156 and 158] on a stratification pan (see Fig. 2).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNNY D WEBB/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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