DETAILED ACTION
The preliminary amendments to the claims, filed 3/7/2025, have been entered.
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 § 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) 1-3, 6, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roberge, et al. US2015/0216121 in view of Samet, et al. US2020/0137954.
Regarding claim 1, Roberge, et al. teaches a harvester 20 configured to be propelled by a vehicle 10, the harvester 20 having a mower with a cutterbar 30 made of a plurality of rotary cutters 39, each rotary cutter having an elliptical knife carrier (Figure 2 shows elliptical shape), and a pair of knives (blades shown opposite of each other in Figure 2) at opposites ends of the knife carrier, wherein a portion of each knife extends beyond the end of the knife carrier to expose a cutting surface (the flat portion of the blades as shown in Figure 2 extending beyond the dashed elliptical shapes) that is used to sever a standing crop (¶0001 “This invention relates generally to a machine for severing standing crops from the ground “) as the mower advances through a field (the ground), and each of the rotary cutters 39 being ninety degrees out of phase (as shown in Figure 2, wherein the blades are rotated 90 degrees relative to adjacent cutters) with respect to the adjacent rotary cutters 39, inasmuch as the circular paths of travel of the knives on the elliptical knife carrier of adjacent cutters 39 overlap one another (due to the out of phase disposition), the mower comprising:
a middle section 31 and a right section 33/23 pivotably attached to the middle section 31 and a left section 32/22 pivotably attached to the middle section 31 such that the cutterbar 30 is folded between an operational configuration (Figure 2) in which the portions of the cutterbar 30 in the right, middle and left section 22s are in-line (as shown in Figure 2 wherein the cutters form a single line) with each other to form a straight, continuous cutterbar 30, and a transport configuration (Folded as shown in Figures 6 and 7) in which the portions of the cutterbar 30 in the right and left section 22s are angled toward a vertical position with respect to the middle section 31.
Roberge, et al. teaches drives 300.
Roberge, et al. does not teach: a drive train for powering the cutterbar 30, the drive train comprising; a primary gear box; a middle shaft section driven by the primary gear box, the middle shaft section leading to a middle gear case driving the rotary cutters 39 in the middle section 31; a right shaft section driven by the primary gear box, the right shaft section leading to a right gear case driving the rotary cutters 39 in the right section 23; and a left shaft section driven by the primary gear box, the left shaft section leading to a left gear case driving the rotary cutters 39 in the left section 22; the drive train timing the middle, right and left gear trains so the rotary cutter driven by the left gear case that is closest to the middle section 31 and its adjacent rotary cutter driven by the middle gear case are synchronized such that the knife carriers remain out of phase, and the rotary cutter driven by the right gear case that is closest to the middle section 31 and its adjacent rotary cutter driven by the middle gear case are synchronized such that the knife carriers remain out of phase such that the cutterbar 30 functions as one continuous cutterbar 30 in the operational configuration.
Samet, et al. teaches a harvester 10/400 configured to be propelled by a vehicle (tractor ¶0006), the harvester having a mower (blades shown in Figure 3) and a cutterbar (forming the blades) with rotary cutters. The mower comprising a middle 14, right 12, and left section 16.
A drive train (including 30, 24, 26, 22, 32, 34, and 36) for powering the cutterbar, the drive train comprising;
a primary gear box 30;
a middle shaft section 24 driven by the primary gear box, the middle shaft section leading to a middle gear case 34 (wherein a gearbox and a gear case are equivalent) driving the rotary cutters in the middle section;
a right shaft section 22 driven by the primary gear box, the right shaft section leading to a right gear case 32 driving the rotary cutters in the right section ; and
a left shaft section 26 driven by the primary gear box, the left shaft section leading to a left gear case driving 36the rotary cutters in the left section ;
the drive train timing the middle, right and left gear trains so the rotary cutter driven by the left gear case that is closest to the middle section and its adjacent rotary cutter driven by the middle gear case are synchronized (due to transferring power to gearboxes 32, 34, and 36 ¶0051 “Main gearbox 30 may transfer power from the PTO to a central gearbox 32, 34, and 36 on each respective cutting deck 12, 14, and 16 via respective drivelines 22, 24, and 26 in order to power cutting blades in each respective cutting deck as described further below”) such that the knife carriers remain out of phase (wherein Figure 3 shows cutting blades out of phase of adjacent cutters in their respective sections).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Roberge, et al.’s drives to use Samet, et al.’s drive trains, which would provide power take off driven rotation via the associated primary gear box, middle, left, and right shaft sections feeding to middle, right, and left gear cases.
The modification would result in Roberge, et al.’s the rotary cutter driven by the right gear case that is closest to the middle section and its adjacent rotary cutter driven by the middle gear case are synchronized such that the knife carriers remain out of phase such that the cutterbar functions as one continuous cutterbar in the operational configuration (since the middle, left, and right sections’ respective cutters are 90 degrees out of phase of each adjacent blade).
Regarding claim 2, Roberge, et al. teaches the rotary cutters 39 in the left, middle and right sections of the cutterbar 30 are driven with the drive train to allow the timing of the overlapping rotary cutters 39 such that each of the rotary cutters 39 are ninety degrees out of phase (as shown in Figure 2) with respect to the adjacent rotary cutters 39.
Regarding claim 3, Roberge, et al. teaches the harvester 20 is a pull-type (with the tractor 10 pulling as shown in Figure 2) harvester 20 configured to be pulled by a towing vehicle 10.
Regarding claim 6, Roberge, et al. teaches the mower comprises a mower frame (the supportive portions) having a middle frame member (the supportive portion that forms 21) that pivotably receives a left frame member 22 at pivot links 40 positioned in forward and aft portions (hinges shown at top and bottom of 22 in Figure 2) of the frame, wherein the pivot links define a pivot axis 105, the mower frame has a right frame member 23 that is pivotably mounted (via pivots 50) on the middle frame member.
Roberge, et al. does not teach the mower further comprising a left lift actuator connected to the left frame member that pivots the left section 22 relative the middle section 31 between the operational configuration and the transport configuration, and a right lift actuator connected to the right frame member that pivots the right section 23 relative the middle section 31.
Samet, et al. teaches it is known in the art to use a left lift actuator 482 connected to the left frame member to pivots the left section relative the middle section between the operational configuration and the transport configuration, and use a right lift 486 actuator (both 482 and 486 are pneumatic or hydraulic cylinders ¶0068) connected to the right frame member to pivot the right section relative the middle section (¶0068 “Elevation arm 482 may be operable to raise and lower wing cutting deck 412 in pivotal motion about pivot rod 492, and elevation arm 486 may be operable to raise and lower wing cutting deck 416 in pivotal motion about pivot rod 496.”).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Roberg, et al.’s frames to include Samet, et al.’s left and right lift actuators to be connected to corresponding left and right frame members, such that the corresponding frame members can be lifted or lowered relative to the center frame member, as a mechanism means of providing folding to the transport position and unfolding to the cutting position.
Regarding claim 7, Roberge, et al. teaches the claim, as described above, but does not teach the pivot axis for the left frame member with the middle frame member is located on a horizontal plane (held on the frames) with a wing gearbox powering the left gear case.
The modification includes the claimed wing gear box, and Samet, et a. teaches the gearboxes on top of the frame. Therefore, the modification of Roberge, et al. in view of Samet, et al. would result in the pivot axis (which is held on top of the frame) to be on the same horizontal plane as a placed wing gear box.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roberge, et al. in view of Samet, et al. as applied to claim 1above, and further in view of Schmitt, et al. US RE40614.
Regarding claim 4, Roberge, et al. in view of Samet, et al. teaches the claim, as described above, but does not teach each of the right gear case, the middle gear case and the left gear case contains a train comprising spur gears that are operably engaged with one another and distribute driving power to the rotary cutters 39 supported by the respective gear case.
Schmitt, et al. teaches that it is known in the art for a harvester 10 with elliptical cutters 32 that are 90 degrees out of phase with each other (Figure 2) to be driven by spur gears 35 as part of a gear case 34 (Figure 4) to evenly distribute power (Column 5: 11-14 “The gear case 34 is hollow as shown in FIG. 4 and contains a train of flat spur gears 35 that are operably engaged with one another and thus serve to distribute driving power between one another”).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify the combination’s gear case to include Schmitt, et al.’s spur gears as a means for evenly distributing driving power to the cutters.
Regarding claim 5, Roberge, et al. teaches the claim, as described above, but does not teach the spur gears are arranged to rotate adjacent rotary cutters 39 in opposite directions and the drive train maintains the rotation of the rotary cutters 39 out of phase with adjacent cutters 39.
Schmitt, et al. teaches the spur gears are arranged to rotate adjacent rotary cutters in opposite directions and the drive train maintains the rotation of the rotary cutters out of phase with adjacent cutters (Column 7: 59-67 “the cutters 32b-32i in the intermediate group are arranged in cooperating pair so that the two cutters of each pair rotate in opposite directions. In other words, the cutters 32b and 32c rotate toward one another across the front of the cutter bed as do the cutters 32d, 32e, the cutters 32f and 32g, and the cutters 32k and 32i. Consequently, the converging leading edges of the counter rotating cutters tend to direct the severed crop material rearwardly between such cutters at their point of convergence”). This provides the leading edges to converge such that severed crop material can be directed towards the rear.
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify the combination in view of Schmitt, et al. such that the spur gears are arranged to rotate adjacent rotary cutters in opposite directions with the cutters maintained out of phase with each other as claimed, to direct severed crop rearwardly.
Conclusion
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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/CATHLEEN R HUTCHINS/ Primary Examiner, Art Unit 3672 9/10/2026
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