DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Claims 16-20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 18th 2026.
3. Applicant’s election without traverse of claims 1-15 in the reply filed on June 18th 2026 is acknowledged.
Information Disclosure Statement
4. The information disclosure statements (IDS) submitted on April 30th 2025 and May 5th 2025 are in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the references cited therein are considered by the examiner.
Claim Interpretation
5. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
6. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 1 recites the phrase “component of the agricultural harvester”.
Claim Rejections - 35 USC § 102
7. 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.
8. Claim(s) 1, 2, 7, 9, 12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adam et al. (US 2023/0085376; “Adam”).
Regarding claim 1, Adam discloses a bale wrap assembly transport system (Figs. 1-10) for an agricultural harvester (14), comprising:
a base (6) configured to couple to a component (38) of the agricultural harvester (para. [0023]);
an arm assembly (16, 18) slidably coupled to the base (6; via elements 14 and 16) and configured to move with respect to a lateral axis of the agricultural harvester (Figs. 5, 6, 9) between a retracted position (Figs. 6, 9) and an extended position (Fig. 5);
a clamp assembly (32, 34) configured to selectively couple to a bale wrap assembly (2; Fig. 3); and
a winch assembly (para. [0026]) coupled to the arm assembly (16, 18; Fig. 7) and to the clamp assembly (32, 34; Fig. 7);
wherein the winch assembly (para. [0026]; Fig. 7) is configured to lower the clamp assembly (32, 34) to a first lowered position (Fig. 3) while the arm assembly (16, 18) is in the extended position (Fig. 3) to enable the clamp assembly (32, 34) to couple to the bale wrap assembly (2; Fig. 3), to raise the clamp assembly (32, 34) to a raised position (Fig. 4) while the arm assembly (16, 18) is in the extended position (Figs. 3, 4) and the clamp assembly (32, 34) is coupled to the bale wrap assembly (2; Fig. 4), and to lower the clamp assembly (32, 34) to a second lowered position (Fig. 8) while the arm assembly (16, 18) is in the retracted position (Fig. 8) to enable the clamp assembly (32, 34) to release the bale wrap assembly (2) at a desired location within the agricultural harvester (para. [0036]; Figs. 8, 9, 10).
Regarding claim 2, Adam discloses wherein the arm assembly (16, 18) comprises: a first segment (16) slidably coupled to the base (6; para. [0025]); and a second segment (18) slidably coupled to the first segment (16; Figs. 5, 6), wherein the winch assembly (para. [0026]) is coupled to the second segment (18) of the arm assembly (16, 18; Figs. 3, 4, 5, 6).
Regarding claim 7, Adam discloses wherein the clamp assembly (32, 34) comprises a pair of engagement arms (34 left, 34right; Fig. 3), and each engagement arm (34) of the pair of engagement arms (34 left, 34 right) is configured to engage a respective lateral end of a shaft (para. [0027]) of the bale wrap assembly (2) to couple the bale wrap assembly (2) to the clamp assembly (32, 34l Fig. 3).
Regarding claim 9, Adam discloses an agricultural harvester (para. [0023]), comprising:
a bale wrap assembly storage compartment (4) configured to store a plurality of bale wrap assemblies (2; Figs. 1-10);
a bale wrap feeding assembly (para. [0004]) configured to receive an active bale wrap assembly (2) of the plurality of bale wrap assemblies from the bale wrap assembly storage compartment (4; para. [0004]); and
a bale wrap assembly transport system (Figs. 1-10), comprising:
a base (6) coupled to the bale wrap assembly storage compartment (4; Figs. 1-10);
an arm assembly (16, 18) slidably coupled to the base (6; via elements 14 and 16) and configured to move with respect to a lateral axis of the agricultural harvester (Figs. 5, 6, 9) between a retracted position (Figs. 6, 9) and an extended position (Fig. 5);
a clamp assembly (32, 34) configured to selectively couple to an additional bale wrap assembly (2) of the plurality of bale wrap assemblies (Figs. 1-10); and
a winch assembly (para. [0026]) coupled to the arm assembly (16, 18; Fig. 7) and to the clamp assembly (32, 34; Fig. 7);
wherein the winch assembly (para. [0026]; Fig. 7) is configured to lower the clamp assembly (32, 34) to a first lowered position (Fig. 3) while the arm assembly (16, 18) is in the extended position (Fig. 3) to enable the clamp assembly (32, 34) to couple to the additional bale wrap assembly (2; Fig, 3), to raise the clamp assembly (32, 34) to a raised position (Fig. 4) while the arm assembly (16, 18) is in the extended position (Figs. 3, 4) and the clamp assembly (32, 34) is coupled to the additional bale wrap assembly (2; Fig. 4), and to lower the clamp assembly (32, 34) to a second lowered position (Fig. 8) while the arm assembly (16, 18) is in the retracted position (Fig. 8) to enable the clamp assembly (32, 34) to release the additional bale wrap assembly (2) within the bale wrap assembly storage compartment (4; para. [0036]; Figs. 8, 9, 10).
Regarding claim 12, Adam discloses wherein the arm assembly (16, 18) comprises: a first segment (16) slidably coupled to the base (6; para. [0025]); and a second segment (18) slidably coupled to the first segment (16; Figs. 5, 6), wherein the winch assembly (para. [0026]) is coupled to the second segment (18) of the arm assembly (16, 18; Figs. 3, 4, 5, 6).
Regarding claim 14, Adam discloses wherein the clamp assembly (32, 34) comprises a pair of engagement arms (34 left, 34right; Fig. 3), and each engagement arm (34) of the pair of engagement arms (34 left, 34 right) is configured to engage a respective lateral end of a shaft (para. [0027]) of the bale wrap assembly (2) to couple the bale wrap assembly (2) to the clamp assembly (32, 34l Fig. 3).
Allowable Subject Matter
9. Claims 3-6, 8, 10, 11, 13 and 15 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.
Regarding claims 3 and 10, Adam et al. (US 2023/0085376; “Adam”) in view of McAfee et al. (EP 5 593 625; “McAfee”) is the most relevant prior art.
Adam discloses wherein the winch assembly (para. [0026]) comprises: a cable (20) coupled to the arm assembly (18; Fig. 8).
McAfee teaches a motor (244) coupled to a cable (248) and to and arm assembly (166a); a pair of arm pullies (240) rotatably coupled to the arm assembly (166a; Fig. 4); wherein the cable (248) is engaged with the pair of arm pullies (240; Fig. 4).
Adam in view of McAfee fail to disclose a clamp pulley rotatably coupled to the clamp assembly; wherein the cable is engaged with the clamp pulley.
It would not have been obvious to modify Adam in view of McAfee with the aforementioned limitation because adding a pulley system to the claim of McAfee would be a redundant element. The pulley of the arm assembly already provides a lowering function.
Regarding claims 4 and 11, Adam et al. (US 2023/0085376; “Adam”) in view of McAfee et al. (EP 5 593 625; “McAfee”) is the most relevant prior art.
Adam discloses the clamp assembly (32, 34).
McAfee teaches arm pullies (240).
Adam fails to disclose the clamp assembly comprises: a pulley support configured to support a clamp pulley of the winch assembly; a clamp mechanism; and a pivot joint coupled to the pulley support and to the clamp mechanism, wherein the pivot joint enables the clamp mechanism to pivot relative to the pulley support.
It would not have been obvious to modify Adam in view of McAfee with the aforementioned limitation because adding a pulley system to the claim of McAfee would be a redundant element. The pulley of the arm assembly already provides a lowering function.
Regarding claims 6 and 13, Adam et al. (US 2023/0085376; “Adam”) in view of McAfee et al. (EP 5 593 625; “McAfee”) is the most relevant prior art.
Adam discloses the clamp assembly (32, 34).
McAfee teaches a pulley support (154) of the arm assembly (166a; Fig. 4).
Adam in view of McAfee fail to disclose a clamp assembly comprises a pulley support having angled lateral surfaces, the pulley support is configured to support a clamp pulley of the winch assembly, the arm assembly comprises a receiver having angled lateral surfaces, and the angled lateral surfaces of the receiver are configured to engage the angled lateral surfaces of the pulley support as the clamp assembly moves to the raised position to laterally align the pulley support with the receiver.
It would not have been obvious to modify Adam in view of McAfee with the aforementioned limitation because adding a pulley system to the claim of McAfee would be a redundant element. The pulley of the arm assembly already provides a lowering function.
Regarding claims 8 and 15, Adam et al. (US 2023/0085376; “Adam”) in view of McAfee et al. (EP 5 593 625; “McAfee”) is the most relevant prior art.
Adam discloses wherein the clamp assembly (32, 34) comprises: a contact element configured to contact the bale wrap assembly (2; Fig. 7), and each engagement arm (34) of the pair of engagement arms (34 left, 34, right).
Adam fails to disclose wherein each engagement arm of the pair of engagement arms is pivotally coupled to the contact element; a pair of linkages, wherein each linkage of the pair of linkages is pivotally coupled to the contact element and to a respective engagement arm of the pair of engagement arms, and the pair of linkages is configured to drive the pair of engagement arms to disengage the shaft of the bale wrap assembly in response to movement of the contact element toward a release position, and the pair of linkages is configured to drive the pair of engagement arms to engage the shaft of the bale wrap assembly in response to downward movement of the contact element away from the release position; and a locking mechanism configured to hold the contact element in the release position while engaged and to enable the contact element to move downwardly away from the release position while disengaged, wherein the locking mechanism is configured to disengage in response to a first upward movement of the contact element beyond the release position, and the locking mechanism is configured to engage in response to a second upward movement of the contact element beyond the release position.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. McAfee et al. (EP 5 593 625; “McAfee”). The McAfee reference was acquired after cross-referencing the CPC class of A01F 15/0715 and the term “(bale ADJ wrap) AND (pulley). The reference discloses a bale wrap assembly (42), a base (62), and arm (166a), a clamp (208), a winch (240; Fig. 4). Additionally, McAfee discloses the use of an arm pulley system (240). McAfee does not disclose the use of a clamp assembly pulley.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EYAMINDAE JALLOW whose telephone number is (571)270-1927. The examiner can normally be reached on Monday-Thursday from 7:30am-5:00pm and alternating Fridays from 7:30am-4:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF, can be reached on (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/EYAMINDAE C JALLOW/Primary Examiner, Art Unit 3731
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