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 .
Status of Claims
This office action is in response to Applicant’s filing on 27 August 2025.
Claims 1 – 20 are pending.
Claim Objections
Claims 8 and 14 are objected to because of the following informalities:
Regarding claim 8, the limitation, “at least one of the first member and the second member has a channel that is configured to receive the at least one of the first member and the second member”, should read, wherein at least one of the first member and the second member has a channel that is configured to receive the other of the first member and the second member”.
Regarding claim 14, the limitation, “a bale wrap material transfer device”, should read, “the bale wrap material transfer device”.
Appropriate correction is required.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 27 August 2025 follows the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
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.
Claims 1 – 14 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, the limitations, “lowering a portion of the bale wrap material transfer device” and “raising a portion of the bale wrap material transfer device”, are indefinite because it is ambiguous whether the term, “a portion”, in each limitation refers to the same element or two different elements. For the purpose of examination, the examiner interprets the term, “a portion”, in each limitation to refer to the same element so that the limitations read, “lowering a portion of the bale wrap material transfer device” and “raising the portion of the bale wrap material transfer device”
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 is incorrect, any correction of the statutory basis 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.
Claims 1 – 5, 9 – 13, and 15 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Routledge (US 7,430,959 B2) in view of Niemerg (US 5,996,307 B2).
Regarding claim 1, Routledge discloses a method of transferring a supply of bale wrap material, the method comprising:
providing an arm (24, fig. 1) of a bale wrap material transfer device (21 – 27, fig. 1) from a baler (10, fig. 1);
lowering a portion (27, fig. 1) of the bale wrap material transfer device;
attaching a lifting device (23, fig. 1) of the bale wrap material transfer device to the supply of bale wrap material (20, fig. 1) (Figure 1 shows a winch 23 indirectly attached to a roll 20 via a cable 27);
raising the portion of the bale wrap material transfer device (via winch 23, fig. 1); and
positioning the supply of bale wrap material on the baler (into either a lower receptacle 16, fig. 1 or an upper storage receptacle 17, fig. 1).
Routledge does not disclose extending an arm of a bale wrap material transfer device from a baler.
However, Niemerg, in the same field of endeavor, teaches extending an arm (11, fig. 1) of a bale wrap material transfer device (LA, fig. 1) from a baler (1, fig. 1) (Col. 2, ll. 18 – 20 describes an arm 11 pivotably mounted to a baler 1 wherein in figure 1, the arm 11 is positioned in a storage position where the arm 11 is adjacent a sidewall of the baler 1 and in figure 2, the arm 11 is extended into an operating position where the arm 11 extends from the baler 1).
Please note, Niemerg describe the advantage of pivoting the arm 11 between a storage position and an operating position is that when the arm 11 is in the storage position, the bale wrap material transfer device can be covered by a cover 28 as shown in fig. 2 in phantom (Col. 3, ll. 8 – 13). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the arm and the cover of the bale wrap material transfer device of Routledge and the method of transferring a supply of bale wrap material of Routledge so that the arm of the bale wrap material transfer device is extended from the baler in the operating position, as taught by Niemerg, for the advantage of having the cover, when the arm is in the storage position and the bale wrap material transfer device is not in use, able to cover the bale wrap material transfer device, as also taught by Niemerg. In this way the bale wrap material transfer device is protected from the outside environment preventing weather damage and corrosion to the bale wrap material transfer device that could damage or reduce the performance of the bale wrap material transfer device.
Regarding claim 2, Routledge, as modified by Niemerg, discloses the invention as recited in claim 1.
The modified Routledge discloses the bale wrap material transfer device (Routledge – 21 – 27, fig. 1) includes the arm (Routledge – 24, fig. 1) having a first end (Routledge – the end connected to a frame 14 of the baler 10, fig. 1) and a second end (Routledge – the end having a guide 26); and a pivot positioned at the first end of the arm (Niemerg – figures 1, 2 shows the arm 11 having a pivot about member 9), wherein the pivot is secured to a frame of the baler (Niemerg – Figures 1, 2 shows this pivot about member 9 wherein the examiner deems this member 9 as part of the frame of the baler 10) (With the incorporation of the teachings of Niemerg with the invention of Routledge, the arm 24 of Routledge would have a pivot positioned at the first end of the arm 24 wherein the pivot is secured to the frame 14 of the baler 10), and wherein the lifting device (Routledge – 23, fig. 1) is positioned on the arm (Routledge – As shown in figure 1).
Regarding claim 3, Routledge, as modified by Niemerg, discloses the invention as recited in claim 2.
The modified Routledge discloses the bale wrap material transfer device (Routledge – 21 – 27, fig. 1) is installed in a wrap material bay (Niemerg – inside the cover 28 shown in phantom in fig. 2) coupled to a baler frame (Routledge – 14, fig. 1) of the baler (Routledge – 10, fig. 1) (With the incorporation of the teachings of Niemerg with the invention of Routledge, the bale wrap material transfer device of Routledge would be within the wrap material bay (i.e., compartment 15) inside the cover 18 when in the storage position of the bale wrap material transfer device).
Regarding claim 4, Routledge, as modified by Niemerg, discloses the invention as recited in claim 3.
Routledge discloses adjusting a cover (18, fig. 1) between an open position (shown in solid lines) and a closed position (shown in phantom) to selectively provide access to the wrap material bay (inside the cover 18 or compartment 15, shown in phantom in fig. 1), the cover pivotally attached to a rear end of the baler frame (14, fig. 1) (As shown in figure 1).
Regarding claim 5, Routledge, as modified by Niemerg, discloses the invention as recited in claim 4.
Routledge discloses the positioning of the supply of bale wrap material (20, fig. 1) on the baler (10, fig. 1) further includes lifting, via the bale wrap material transfer device (21 – 27, fig. 1), the supply of bale wrap material in response to the cover (18, fig. 1) being adjusted to the open position (As shown in figure 1).
Regarding claim 9, Routledge, as modified by Niemerg, discloses the invention as recited in claim 3.
The modified Routledge discloses positioning the bale wrap material transfer device (Routledge – 21 – 27, fig. 1) within the wrap material bay (Niemerg – inside the cover 28 shown in phantom in fig. 2) in a stored position (With the incorporation of the teachings of Niemerg with the invention of Routledge, the bale wrap material transfer device of Routledge would be within the wrap material bay (i.e., compartment 15) inside the cover 18 in the storage position of the bale wrap material transfer device).
Regarding claim 10, Routledge, as modified by Niemerg, discloses the invention as recited in claim 1.
Routledge discloses lowering the supply of bale wrap material (20, fig. 1) from the baler (10, fig. 1) using the bale wrap material transfer device (21 – 27, fig. 1) (via winch 23, fig. 1).
Regarding claim 11, Routledge, as modified by Niemerg, discloses the invention as recited in claim 1.
Routledge discloses the positioning of the supply of bale wrap material (20, fig. 1) on the baler (10, fig. 1) further comprises positioning the supply of bale wrap material in a bale wrap material storage position (within the upper storage receptacle 17, fig. 1. Col. 3, ll. 1 – 3 describes the upper storage receptacle 17 for receiving a back-up roll to be moved into place when the operating roll is completed).
Regarding claim 12, Routledge, as modified by Niemerg, discloses the invention as recited in claim 1.
Routledge discloses the positioning of the supply of bale wrap material (20, fig. 1) on the baler (10, fig. 1) further comprises positioning the supply of bale wrap material in a bale wrap dispensing position (within the lower storage receptacle 16, fig. 1. Col. 2, l. 67 – col. 3, l. 1 describes the lower receptacle 16 for receiving the roll in operation).
Regarding claim 13, Routledge, as modified by Niemerg, discloses the invention as recited in claim 1.
Routledge discloses connecting a roll adapter (grapple of figs. 2, 3) to the lifting device (23, fig. 1) of the bale wrap material transfer device; and attaching the roll adapter to the bale wrap material (10, fig. 1) to stably support the bale wrap material (As shown in figure 1).
Regarding claim 15, Routledge discloses method of transferring a supply of bale wrap material, the method comprising:
providing an arm (24, fig. 1) of a bale wrap material transfer device (21 – 27, fig. 1);
lowering a portion (27, fig. 1) of the bale wrap material transfer device;
attaching the portion of the bale wrap material transfer device to the supply of bale wrap material (20, fig. 1) (Figure 1); and
lifting the supply of bale wrap material to transfer the supply of bale wrap material to a wrap material bay (15, fig. 1) of the baler (into either a lower receptacle 16, fig. 1 or an upper storage receptacle 17, fig. 1).
Routledge does not disclose extending an arm of a bale wrap material transfer device installed in a wrap material bay of a baler from a stored position to an operational position;
However, Niemerg, in the same field of endeavor, teaches extending an arm (11, fig. 1) of a bale wrap material transfer device (LA, fig. 1) installed in a wrap material bay (inside the cover 28 shown in phantom in fig. 2) of a baler (1, fig. 1) from a stored position (As shown in figure 1) to an operational position (As shown figure 2) (Col. 2, ll. 18 – 20 describes an arm 11 pivotably mounted to a baler 1 wherein in figure 1, the arm 11 is positioned in a storage position where the arm 11 is adjacent a sidewall of the baler 1 and within a cover 28 shown in phantom and in figure 2, the arm 11 is extended into an operating position where the arm 11 extends from the baler 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the arm and the cover of the bale wrap material transfer device of Routledge and the method of transferring a supply of bale wrap material of Routledge so that the arm of the bale wrap material transfer device is extended from the baler in the operating position, as taught by Niemerg, for the advantage of having the cover, when the arm is in the storage position and the bale wrap material transfer device is not in use, able to cover the bale wrap material transfer device, as also taught by Niemerg. In this way the bale wrap material transfer device is protected from the outside environment preventing weather damage and corrosion to the bale wrap material transfer device that could damage or reduce the performance of the bale wrap material transfer device.
Regarding claim 16, Routledge, as modified by Niemerg, discloses the invention as recited in claim 15.
Routledge discloses adjusting a cover (18, fig. 1) between an open position (shown in solid lines) and a closed position (shown in phantom) to selectively provide access to the wrap material bay (inside the cover 18 or compartment 15 shown in phantom in fig. 1), the cover pivotally attached to a rear end of the baler frame (14, fig. 1) (As shown in figure 1).
Regarding claim 17, Routledge, as modified by Niemerg, discloses the invention as recited in claim 16.
Routledge discloses the positioning of the supply of bale wrap material (20, fig. 1) on the baler (10, fig. 1) further includes lifting, via the bale wrap material transfer device (21 – 27, fig. 1), the supply of bale wrap material in response to the cover (18, fig. 1) being adjusted to the open position (As shown in figure 1).
Regarding claim 18, Routledge, as modified by Niemerg, discloses the invention as recited in claim 15.
Routledge discloses positioning the bale wrap material transfer device (Routledge – 21 – 27, fig. 1) within the wrap material bay (Niemerg – inside the cover 28 shown in phantom in fig. 2) in a stored position (With the incorporation of the teachings of Niemerg with the invention of Routledge, the bale wrap material transfer device of Routledge would be within the wrap material bay (i.e., compartment 15) inside the cover 18 in the storage position of the bale wrap material transfer device).
Regarding claim 19, Routledge, as modified by Niemerg, discloses the invention as recited in claim 15.
The modified Routledge discloses the extending of the arm (Routledge – 24, fig. 1 – via the pivot of arm 11 of Niemerg) of the bale wrap material transfer device (Routledge – 21 – 27, fig. 1) further includes at least one of: pivotally adjusting a first member (24, fig 1 – via the pivot of arm 11 of Niemerg) of the arm (24, fig. 1) of the bale wrap material transfer device about the baler (10, fig. 1), the first member of the arm defining a first end of the arm that is pivotally attached to the baler (Figures 1, 2 of Niemerg shows the first end of the arm 11 having a pivot about member 9 wherein the examiner deems this member 9 as part of the frame of the baler 10) (With the incorporation of the teachings of Niemerg with the invention of Routledge, the arm 24 of Routledge would have a pivot positioned at the first end of the arm 24 wherein the pivot is secured to the frame of the baler 10); and pivotally adjusting a second member of the arm of the bale wrap material transfer device about the first member, the second member pivotally attached to the first member at an arm member pivot, wherein the second member defines a second end of the arm, opposite the first end of the arm, and wherein a lifting device of the bale wrap material transfer device is positioned directly adjacent the second end of the arm (This claim is recited as two alternatives wherein if the prior art reads on one alternative, the prior art reads on the claim, the claim is satisfied. In the case, the prior art reads on the first alternative).
Regarding claim 20, Routledge, as modified by Niemerg, discloses the invention as recited in claim 15.
Routledge discloses storing the supply of bale wrap material (20, fig. 1) within the wrap material bay (15, fig. 1) of the baler (10, fig. 1) to facilitate feeding the supply of bale wrap material into a baling chamber of the baler (within the lower storage receptacle 16, fig. 1. Col. 2, l. 67 – col. 3, l. 1 describes the lower receptacle 16 for receiving the roll in operation).
Claims 6 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Routledge (US 7,430,959 B2) in view of Niemerg (US 5,996,307 B2) in further view of Spitsbergen (US 11,352,239 B1)
Regarding claim 6, Routledge, as modified by Niemerg, discloses the invention as recited in claim 9.
Routledge disclose the arm (24, fig. 1) includes a first member (24, fig. 1) attached to the rear end of the baler frame (14, fig. 1) and defines the first end of the arm.
The modified Routledge does not disclose the arm includes a second member pivotally attached to the first member at an arm member pivot, the second member defining the second end of the arm.
However, Spitsbergen, which is reasonably pertinent to the problem faced by the inventor, teaches the arm (30, 45, fig. 1) includes a second member (30, fig. 1) pivotally attached to the first member (45, fig. 1) at an arm member pivot (37, fig. 1), the second member defining the second end of the arm (the end having a remote pivot connection 37, fig. 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the arm of the modified Routledge and the method of transferring a supply of bale wrap material of modified Routledge so that the arm includes a second member pivotally attached to the first member at an arm member pivot, the second member defining the second end of the arm, as taught by Spitsbergen, for the advantage of having an A-frame arm for the bale wrap material transfer device which enhances its lifting performance and stability allowing the bale wrap material transfer device to handle heavier loads without deflection and overloading the main structure.
Regarding claim 7, Routledge, as modified by Niemerg, as further modified by Spitsbergen, discloses the invention as recited in claim 6.
The modified Routledge discloses the first member (Spitsbergen – 45, fig. 1) and the second member (Spitsbergen – 30, fig. 1) are configured to nest together when positioned longitudinally adjacent one another (Spitsbergen – As shown in figure 4).
Regarding claim 8, Routledge, as modified by Niemerg, as further modified by Spitsbergen, discloses the invention as recited in claim 6.
The modified Routledge discloses at least one of the first member and the second member has a channel that is configured to receive the at least one of the first member and the second member (Spitsbergen – Figure 4 shows a boom 45 having a channel configured to receive an inner arm 30).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Routledge (US 7,430,959 B2) in view of Niemerg (US 5,996,307 B2) in further view of Harlan (US 4,556358 A).
Regarding claim 14, Routledge, as modified by Niemerg, discloses the invention as recited in claim 1.
The modified Routledge does not disclose the arm of a bale wrap material transfer device is telescoping.
However, Routledge, which is reasonably pertinent to the problem faced by the inventor, teaches the arm (15, fig. 1) of a portable hoist is telescoping (Col. 3, ll. 30 – 34).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the arm of the modified Routledge and the method of transferring a supply of bale wrap material of modified Routledge so that the arm of a bale wrap material transfer device is telescoping, as disclosed by Harlan, with the motivation to provide greater reach for the bale wrap material transfer device from the baler.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G SHUTTY whose telephone number is 571-272-3626. The examiner can normally be reached 7:30 am - 5:30 pm, Monday - Friday.
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/DAVID G SHUTTY/Examiner, Art Unit 3731
19 September 2026
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