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 .
DETAILED ACTION
Election/Restriction
This application contains claims directed to the following patentably distinct species:
Species I directed towards the alignment guide shown in figure 6
Species II directed towards the alignment guide shown in figure 7
Species III directed towards the alignment guide shown in figure 8
Species IV directed towards the alignment guide shown in figure 9
The species are independent or distinct because they each include specific alignment guide arrangements. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, no claims are generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
--the species or groupings of patentably indistinct species have acquired a separate status in the art in view of their different classification; --the species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter; and/or --the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Dane Schad on 9/2/2026 a provisional election was made without traverse to prosecute the invention of species II, figure 7, claims 1, 3-6 and 8-11. Affirmation of this election must be made by applicant in replying to this Office action. Claims 2, 7, 12-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3, 6, 8, 9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gallardo et al. (8,141,826)
Regarding claim 1, Gallardo et al. shows an alignment guide (fig 8a) for an alignment system of a mobile irrigation system including first and second spans, the alignment system including a drive arm and being configured to be mounted on the first span (the alignment guide of Gallardo is full capable of being used in an alignment system of a mobile irrigation system), the alignment guide comprising: a connection point (52, 50) configured to attach the alignment guide on the drive arm (the connection point of Gallardo is capable of being attached the alignment guide on the drive arm), an upper bar (12) extending laterally from the connection point; opposing left and right members (16) extending vertically from the upper bar and configured to bracket the alignment guide on the second span (the device of Gallardo is fully capable of bracketing the alignment guide on the second span); and a lower bar (14) extending laterally between the opposing left and right members opposite the upper bar, the lower bar being configured to retain the alignment guide on the second span (the lower bar of Gallardo is fully capable of retaining the alignment guide on the second span).
Regarding claim 3, the opposing left and right members being flexures (element 16 can flex) configured to be preloaded against the second span (elements 16 are capable of being preloaded against the second span)
Regarding claim 6, the lower bar being connectable to the left and right members via one or more fasteners (66).
Regarding claim 8, the upper bar including a slide bearing (60).
Regarding claim 9, the slide bearing being curved to complement a shape of the second span (fig 8a, b).
Regarding claim 11, the alignment guide of Gallardo is fully capable of being adjustably attached at one of a plurality of positions on the drive arm for adjusting sensitivity of the alignment 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.
Claim(s) 4, 5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gallardo et al. (8,141,826)
Regarding claim 4, Gallardo et al. shows all aspects of the applicant’s invention as in claim 1, but fails to disclose the flexures extending downward from opposing ends of the horizontal bar, the flexures and upper bar being monolithic.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to make the upper bar and the flexures out of a single piece rather than three separate pieces, since it has been held that forming in one piece an article which has formally been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stive Works, 150 U.S. 164 (1993)
Regarding claim 5, Gallardo et al. shows all aspects of the applicant’s invention as in claim 1, but fails to disclose that the flexures being resilient aluminum strips.
Aluminum is a well-known material known for its light weight and high strength.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to make the flexures out of aluminum, in order to make them light and strong
Regarding claim 10, Gallardo et al. shows all aspects of the applicant’s invention as in claim 1, including part of the alignment guide being made from polyethylene (col 7, line 8) but fails to disclose the alignment guide being at least partially formed of ultra-high molecular-weight polyethylene (UHMWPE)
Ultra-high molecular-weight polyethylene (UHMWPE) is a well-known material and known for its high impact strength.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to make the alignment guide at least partially formed of ultra-high molecular-weight polyethylene (UHMWPE) so that it can have a high impact strength.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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, Arthur Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON J BOECKMANN/ Primary Examiner, Art Unit 3752 9/10/2026
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