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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10-30-2025 and 02-19-2026 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
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.
Claims 9 and 11 are 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 9 is rejected because it recites limitation “the cutting bracket”. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 is rejected because it recites limitation “the at least one cutting bracket”. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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) 1-2, 12-16, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baldsiefen et al. (2022/0240454).
Regarding claim 1, Baldsiefen discloses a knotting device (figs 1-11) comprising:
a drive disc (member 20) configured to drive in a cyclical rotary motion about a drive axis;
a knotting hook (member 9) configured to be rotatably driven by the drive disc around a knotting axis (member K) to form two consecutive knots in a twine strand pair (members 5 and 7) by two complete revolutions of the knotting hook during one complete revolution of the drive disc;
a knot pull-off lever (member 14) configured to be rotatably driven by the drive disc about a lever axis to form a knot by pulling off a loop formed using the knotting hook in the twine strand pair from the knotting hook (para 0036);
a holding device (member 18) configured to clamp the twine strand pair; and
a twine knife (member 13) configured to cut through the twine strand pair;
wherein the holding device comprises a clamping plate (member 30) and a holding element (member 22) which cooperate to clamp the twine strand pair; wherein the holding element is configured to be rotatably driven about the holding axis using the drive disc (para 0065); wherein the two consecutive knots are loop knots (fig 10);
wherein the twine knife comprises a fixed twine knife cooperating with the holding device to cut the twine strand pair (para 0016); wherein the holding element is configured to be rotatably driven by the drive disc about the holding axis so that the holding element performs a complete revolution upon a complete revolution of the drive disc (para 0066).
Regarding claim 2, Baldsiefen discloses the knotting hook and the holding device are positioned such that the knotting axis and the holding axis form an acute angle between them viewed in a direction of the drive axis of the drive disc (para 0011 to 0012).
Regarding claim 12, Baldsiefen discloses the drive disc comprises a first toothed area configured to rotatably drive the knotting hook and a second toothed area configured to rotatably drive the holding device (members 23 and 24); wherein the first toothed area is formed an additional predetermined distance from the drive axis in a radial direction of the drive axis of the drive disc than the second toothed area; wherein each of the first toothed area and the second toothed area comprise two toothed sections which are formed at a predetermined distance from each other in a circumferential direction of the drive axis of the drive disc; and wherein one toothed section of the first toothed area and one toothed section of the second toothed area are always formed to overlap at least partially in the radial direction of the drive axis of the drive disc (figs 2-7, para 0057).
Regarding claim 13, Baldsiefen discloses the drive disc comprises a cam track extending in a circumferential direction of the drive axis, which is designed to guide a cam formed on the knot pull-off lever during a revolution of the drive disc; wherein the cam track has a course substantially describing a circular path; wherein the cam track comprises two track sections spaced apart from each other in the circumferential direction, each of which has a course deviating from a circular path; and wherein, when the cam passes through the track section, the knot pull-off lever is pivoted about the lever axis from the first end position to the second end position and back to the first end position (figs 2-7, para 0057 and 0074).
Regarding claim 14, Baldsiefen discloses the knotting hook comprises a knotting hook base element and a knotting tongue configured to pivot relative thereto around a knotting pivot axis between an open position and a closed position; wherein the knotting tongue comprises a projection pointing in a direction of the knotting hook base element; wherein the projection comprises a stop structure against which the twine strand pair rests while pulling off the loop from the knotting hook, the projection extends from an inner surface of the knotting tongue in the direction of the knotting hook base element; and wherein the stop structure of the projection and the inner surface of the knotting tongue form an obtuse angle between them when viewed in a direction of the knotting pivot axis (figs 2-7, para 0068).
Regarding claims 15-16, Baldsiefen discloses the knotting device comprises a grip element configured to handle the knotting device during one or more of a maintenance process, and assembly process, or transport process, wherein the grip element comprises a handle (member 11 could be use at a handle).
Regarding claim 18, Baldsiefen discloses a method for forming two consecutive loop knots in a twine strand pair, wherein the two consecutive loop knots comprises a first loop knot and a second loop knot (figs 1-11), the method comprising: using a knotting device comprising:
a drive disc (member 20) configured to drive in a cyclical rotary motion about a drive axis;
a knotting hook (member 9) configured to be rotatably driven by the drive disc around a knotting axis (member K) to form two consecutive knots in a twine strand pair (members 5 and 7) by two complete revolutions of the knotting hook during one complete revolution of the drive disc;
a knot pull-off lever (member 14) configured to be rotatably driven by the drive disc about a lever axis to form a knot by pulling off a loop formed using the knotting hook in the twine strand pair from the knotting hook (para 0036);
a holding device (member 18) configured to clamp the twine strand pair; and
a twine knife (member 13) configured to cut through the twine strand pair;
wherein the holding device comprises a clamping plate (member 30) and a holding element (member 22) which cooperate to clamp the twine strand pair; wherein the holding element is configured to be rotatably driven about the holding axis using the drive disc (para 0065); wherein the two consecutive knots are loop knots (fig 10);
wherein the twine knife comprises a fixed twine knife cooperating with the holding device to cut the twine strand pair (para 0016); wherein the holding element is configured to be rotatably driven by the drive disc about the holding axis so that the holding element performs a complete revolution upon a complete revolution of the drive disc (para 0066) and
wherein the knotting device performs: feeding the twine strand pair over the knotting hook to the holding device; performing a complete rotation of the knotting hook using the drive disc to form a loop in the twine strand pair by the knotting hook for the first loop knot (fig 10);
performing a rotary movement of the rotatable holding element to clamp the twine strand pair in the holding device using the drive disc, wherein the rotary movement of the rotatable holding element begins after at least partial rotary movement of the knotting hook and at least partial formation of the loop (figs 2-7);
cutting the twine strand pair via interaction of the fixed twine knife with the holding device after the twine strand pair has been clamped in the holding device (para 0035); pulling the loop off the knotting hook using the knot pull-off lever to form the first loop knot (para 0059);
feeding the twine strand pair from the holding device over the knotting hook; performing a complete rotation of the knotting hook using the drive disc to form a loop in the twine strand pair by the knotting hook for the second loop knot; performing a rotary movement of the rotatable holding element to release the twine strand pair from the holding device using the drive disc, wherein the rotary movement of the rotatable holding element begins after at least partial rotary movement of the knotting hook and at least partial formation of the loop; and pulling the loop off the knotting hook using the knot pull-off lever to form the second loop knot ((figs 2-7, para 0069).
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 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) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baldsiefen et al. (2022/0240454) in view of Pasa et al. (2022/0000033).
Regarding claim 17, Baldsiefen teaches a knotting devices (figs 1-11) comprise:
a drive disc (member 20) configured to drive in a cyclical rotary motion about a drive axis;
a knotting hook (member 9) configured to be rotatably driven by the drive disc around a knotting axis (member K) to form two consecutive knots in a twine strand pair (members 5 and 7) by two complete revolutions of the knotting hook during one complete revolution of the drive disc;
a knot pull-off lever (member 14) configured to be rotatably driven by the drive disc about a lever axis to form a knot by pulling off a loop formed using the knotting hook in the twine strand pair from the knotting hook (para 0036);
a holding device (member 18) configured to clamp the twine strand pair; and
a twine knife (member 13) configured to cut through the twine strand pair;
wherein the holding device comprises a clamping plate (member 30) and a holding element (member 22) which cooperate to clamp the twine strand pair; wherein the holding element is configured to be rotatably driven about the holding axis using the drive disc (para 0065); wherein the two consecutive knots are loop knots (fig 10);
wherein the twine knife comprises a fixed twine knife cooperating with the holding device to cut the twine strand pair (para 0016); wherein the holding element is configured to be rotatably driven by the drive disc about the holding axis so that the holding element performs a complete revolution upon a complete revolution of the drive disc (para 0066).
Baldsiefen does not teach an agricultural square baler comprising a plurality of knotting devices.
Pasa teaches an agricultural square baler comprising a plurality of knotting devices (figs 1A to 1B).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to add multi knotting devices into 1 baler in order to speed up the job.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. (). Although the claims at issue are not identical, they are not patentably distinct from each other because both applications claim essentially the same elements
Claims 1-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/374,030. Although the claims at issue are not identical, they are not patentably distinct from each other because both applications claim essentially the same elements.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon, is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-3pm.
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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732
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