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 .
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) 20-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Russell 3,304,702.
Independent Claim 20: Russell discloses an assembly used by a method of using an assembly of counter-rotating stalk rolls (10, 12) mounted to a corn row head unit (14), the assembly comprising a first stalk roll (10) and a second stalk roll (12), the first and second stalk rolls each comprising a main cylinder (72, 74) with a central longitudinal axis, the first stalk roll further comprising a first flute (any of 76) and a second flute (any of 80), the second stalk roll further comprising a third flute (any of 76) and a fourth flute (any of 80), the first, second, third and fourth flutes each having a forward end, the first stalk roll and the second stalk roll each having a nose cone (66, 68) extending away from the main cylinders of the respective first and second stalk rolls and reducing in diameter in a direction away from the respective main cylinders (see Fig. 2), and flighting or transport vanes (70) on each nose cone, each of the nose cones further having a rearward end, and each nose cone configured to guide a corn stalk toward each plurality of flutes, the forward ends located adjacent to the respective rearward ends of the nose cones (see Fig. 2), the forward end of the first flute located closer to the rearward end of the nose cone of the first stalk roll than the forward end of the second flute (as seen in annotated Fig. 2 below), the forward end of the third flute located closer to the rearward end of the nose cone of the second stalk roll than the fourth forward end of the fourth flute (seen in annotated Fig. 2 below),
the first and second stalk rolls including respective recesses (seen in annotated Fig. 2 below) on forward outer surface portions thereof, at least part of the recess of the first stalk roll extending between the forward ends of the first and second flutes to a position adjacent the rearward end of the nose cone of the first stalk roll (seen below), and at least part of the recess of the second stalk roll extending between the forward ends of the third and fourth flutes to a position adjacent the rearward end of the nose cone of the second stalk roll (seen below), the method comprising:
rotating the assembly of the first and second stalk rolls (see the directional rotation arrows in Fig. 4);
guiding the corn stalk in a horizontal direction using each nose cone of the first and second stalk rolls into the recesses of the first and second stalk rolls (via action of vanes 70 and forward movement of the harvester 16);
pulling the corn stalk vertically downward with the first, second, third and fourth flutes (seen by the rotation directions in Fig. 4); and
chopping the corn stalk with the first, second, third and fourth flutes such that the chopped corn stalk is released into the field to decompose (indicated by the chopped stalk portions below the stalk rolls in Fig. 4), as per claim 20.
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Dependent Claims 21-22: Russell further discloses wherein the corn row head unit (14) is attached to a harvesting machine (16) configured to move the corn row head unit, the method further comprising:
moving the corn row head unit horizontally in the horizontal direction towards the corn stalk with the harvesting machine (col. 3, lns. 13-43), as per claim 21;
wherein the method further comprises:
moving the harvesting machine (16) at a horizontal ground speed that is equal to or less than a horizontal speed at which the flighting or transport vanes (70) guide the stalk into the recesses of the first and second stalk rolls (76, 80, col. 3, lns. 13-19), as per claim 22.
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) 1-8, 11-12, 16, 18-19, 34-36, 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rieck et al. 7,469,524 in view of Russell 3,304,702.
Independent Claim 1: Rieck discloses a stalk roll (110) comprising:
a main cylinder (114) having a central longitudinal axis (118);
a plurality of flutes (116) spaced apart and extending outward from the main cylinder and extending lengthwise generally parallel to the central longitudinal axis (see Fig. 2), the plurality of flutes including a first flute (see Rieck’s annotated Fig. 2 below) and a second flute (see Rieck’s annotated Fig. 2 below), the first flute having a first forward end and the second flute having a second forward end (at the rear end of the nose cone as seen in Fig. 2);
a nose cone (unnumbered forward cone having spiral flute 112, Fig. 2) extending forwardly from the main cylinder and reducing in diameter in a direction away from the main cylinder (as seen in Figs. 2-3) and including flighting or transport vanes (112), the nose cone further having a rearward end, and the nose cone configured to guide a corn stalk toward the plurality of flutes (as seen in Figs. 2-3); and
a recess (122, Fig. 3 and as seen in annotated Fig. 2 below) on a forward outer surface portion of the main cylinder;
wherein the respective first and second forward ends of the first and second flutes are located adjacent to the rearward end of the nose cone (seen in Fig. 2), and at least part of the recess extends between the first and second forward ends (as seen in Fig. 2 below) and to a position adjacent the rearward end of the nose cone (see Fig. 2 below), the forward outer surface portion at the recess having an outside diameter smaller than an outside diameter of a more rearward portion of the main cylinder (as seen in Fig. 3, the outside diameter of the recess is smaller than that of the rear portion ), as per claim 1.
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However, while it appears that Rieck’s flutes are of differing lengths, Rieck fails to explicitly disclose wherein the first forward end located closer to the rearward end of the nose cone than the second forward end, as per claim 1.
Russell discloses a similar stalk roll (10) wherein the first forward end (the forward end of any flutes 76) is located closer to the rearward end of the nose cone (66) than the second forward end (any forward end of flutes 80), as per claim 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the flutes of staggered lengths as taught by Russell on the stalk roll of Rieck in order to more reliably feed stalks between a pair of stalk rolls (col. 2, lns. 54-57).
Dependent Claims 2-8, 11-12, 38: Russell, of the resultant combination above, further discloses wherein the plurality of flutes (76, 80) further comprises a first group (the plurality of flutes above cutting plane P in Fig. 4) and the stalk roll further comprises a second group (the plurality of flutes below cutting plane P in Fig. 4) including another plurality of flutes, as per claim 2;
wherein the second group (the plurality of flutes below cutting plane P in Fig. 4) further comprises a third flute (any of flutes 76 below plane P) and a fourth flute (any of flutes 80 below plane P), the third flute having a third forward end and the fourth flute having a fourth forward end, the third and fourth forward ends located adjacent to the rearward end of the nose cone (66), the third forward end located closer to the rearward end of the nose cone than the fourth forward end (as seen in Fig. 2, 76 is closer to the rearward end than 80), as per claim 3;
wherein the first and second groups each include four flutes (as seen in Fig. 4, each group of flutes above and below plane P include four flutes), as per claim 4;
wherein the first and second groups each include five flutes (as seen in Fig. 4, each group of flutes above and below plane P have five flutes), as per claim 5;
wherein the plurality of flutes (76, 80) further comprise a third flute (another of flutes 80), the third flute having a third forward end located adjacent to the rearward end (see Fig. 2) of the nose cone (66), the third forward end located closer to the rearward end of the nose cone than the second forward end (as seen in annotated Fig. 2 below), as per claim 6;
wherein the plurality of flutes (76, 80) further comprise a fourth flute (another of flutes 76, see annotated Fig. 2 below), the fourth flute having a fourth forward end located adjacent to the rearward end of the nose cone (66), the fourth forward end located closer to the rearward end of the nose cone than the third forward end (as seen below), as per claim 7;
wherein the plurality of flutes (76, 80) further comprise a fifth flute (any of the other of flutes 76, 80), as per claim 8;
wherein the plurality of flutes (76, 80) forms a stair-stepped window (seen in annotated Fig. 2 below) at the recess (when combined with Rieck) and the flighting or transport vanes (70) on the nose cone (66) are configured to guide a corn stalk toward the stair-stepped window, as per claim 11;
wherein the nose cone (66) is integrally formed with the main cylinder (72, they are rigidly attached through shaft 50, see col. 2, lns. 31-33), as per claim 12.
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Rieck further discloses wherein the recess (122) is annular and has a constant outside diameter (as seen in Fig. 2), as per claim 38.
Independent Claims 16, 34-35: Rieck discloses a corn harvesting machine (104) comprising a corn head row unit coupled to a combine (100) and including a plurality of assemblies (108) of counter-rotating stalk rolls (110, col. 2, lns. 41-43), the assemblies comprising:
a first stalk roll (110) including:
a first main cylinder (114) including a central longitudinal axis (118);
a first plurality of flutes (116) spaced apart and extending outward from the first main cylinder and extending lengthwise generally parallel to the central longitudinal axis of the first main cylinder (as seen in Fig. 2);
a first nose cone (the unnumbered nose cone having spiral flute 112) extending forwardly from the first main cylinder and reducing in diameter in a direction away from the first main cylinder (as seen in Figs. 2-3) and including flighting or transport vanes (112), the first nose cone further having a rearward end, and the first nose cone configured to guide a corn stalk toward the first plurality of flutes;
a second stalk roll (another roll 110) including:
a second main cylinder (114) including a central longitudinal axis (118);
a second plurality of flutes (116) extending radially outward from the second main cylinder and extending lengthwise generally parallel to the central longitudinal axis of the second main cylinder; and
a second nose cone (the unnumbered nose cone having spiral flute 112) extending forwardly from the second main cylinder and reducing in diameter in a direction away from the second main cylinder and including flighting or transport vanes, the second nose cone further having a rearward end, and the second nose cone operating with the first nose cone to guide the corn stalk toward the first and second pluralities of flutes (col. 2, lns. 43-45);
wherein the plurality of flutes of the first stalk roll include a first flute and a second flute (seen in annotated Fig. 2 below), the first flute having a first forward end and the second flute having a second forward end, the first and second forward ends located adjacent to the rearward end of the first nose cone (Fig. 2);
wherein the plurality of flutes of the second stalk roll include a third flute and a fourth flute (seen in annotated Fig. 2 below), the third flute having a third forward end and the fourth flute having a fourth forward end, the third and fourth forward ends located adjacent to the rearward end of the second nose cone (Fig. 2); and,
a first recess (122, Fig. 3) on a forward outer surface portion of the first main cylinder with at least part of the first recess extending between the first and second forward ends and to a position adjacent the rearward end of the first nose cone (see annotated Fig. 2 below), the forward outer surface portion at the first recess having an outside diameter smaller than an outside diameter of a more rearward portion of the first main cylinder (seen in annotated Fig. 3 below);
a second recess (122 of the second stalk roll 110) on a forward outer surface portion of the second main cylinder with at least a part of the second recess extending between the third and fourth forward ends and to a position adjacent the rearward end of the second nose cone (seen in annotated Fig. 2 below), the forward outer surface portion at the second recess having an outside diameter smaller than an outside diameter of a more rearward portion of the second main cylinder (seen in annotated Fig. 3 below), as per claim 16.
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However, while Rieck appears to show flutes of differing lengths, Rieck fails to explicitly disclose wherein the first forward end is located closer to the rearward end of the first nose cone than the second forward end;
the third forward end located closer to the rearward end of the second nose cone than the fourth forward end, as per claim 16.
Russell discloses a similar stalk roll (10) wherein the first or third forward end (the forward end of any flutes 76) is located closer to the rearward end of the nose cone (66) than the second or fourth forward end (any forward end of flutes 80), respectively, as per claim 16.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the flutes of staggered lengths as taught by Russell on the stalk roll of Rieck in order to more reliably feed stalks between a pair of stalk rolls (col. 2, lns. 54-57).
Dependent Claims 18-19, 36: Rieck further discloses wherein the first plurality of flutes (116) of the first stalk roll (110) further comprises four flutes (a total of 10 flutes as seen between Figs. 2-3); and
wherein the second plurality of flutes (116) of the second stalk roll (another roll 110) further comprises four flutes (a total of 10 flutes as seen between Figs. 2-3), as per claim 18;
wherein the first plurality of flutes of the first stalk roll (110) further comprise five flutes (a total of 10 flutes as seen between Figs. 2-3); and
wherein the second plurality of flutes of the second stalk roll (another roll 110) further comprises five flutes (a total of 10 flutes as seen between Figs. 2-3), as per claim 19.
Russell further discloses wherein respective flutes (76, 80) of the first and second pluralities include cutting edges (78, 80) that pass one another during rotation such that a corn stalk is severed by an intermeshing shearing action between the cutting edges (as seen in Fig. 4), as per claim 36.
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rieck et al. in view of Russell as applied to claim 1 above, and further in view of Briesemeister 5,040,361.
Dependent Claim 37: The stalk roll is disclosed as applied above. However, the combination fails to disclose first and second bases respectively formed with and extending from each of the first and second flutes at angles to form a portion of the main cylinder, as per claim 37.
Briesemeister discloses a similar stalk roll (10, Fig. 5) comprising first and second bases (78, 78) respectively formed with and extending from each of the first and second flutes (32, 32) at angles to form a portion of the main cylinder (56), as per claim 37.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the flute bases of Briesemeister to form a portion of the cylinder of Rieck and Russell since such an arrangement is old and well-known in the art.
Response to Arguments
See the updated rejections applied above in response to applicant’s claim amendments.
Allowable Subject Matter
Claims 13-15 and 33 are allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Torres whose telephone number is 571-272-6997. The examiner’s fax number is 571-273-6997. The examiner can normally be reached Monday through Friday from 9:00 a.m. – 5:30 p.m EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca, can be reached at (571) 272-8971.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the group receptionist whose telephone number is 571-272-3600. The fax number for this Group is 571-273-8300.
/Alicia Torres/Primary Examiner, Art Unit 3671 June 4, 2026
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