UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/040,078
`
`07/19/2018
`
`Phillip Bradley
`
`2430-5 PCT/US/CON
`
`5573
`
`759°
`”869
`Hoffmann & Baron LLP
`
`6900 Jericho Turnpike
`Syosset, NY 11791
`
`08W”
`
`TORRES” ALICIA M
`
`ART UNIT
`
`3671
`
`MAE DATE
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`08/24/2018
`
`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
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`PTOL-90A (Rev. 04/07)
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`

`

`Off/09 A0170” Summary
`
`Application No.
`16/040,078
`Examiner
`ALICIA M TORRES
`
`Applicant(s)
`Bradley, Phillip
`Art Unit
`3671
`
`AIA Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 07/19/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
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`1—16 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on See Continuation Sheet is/are: a)[:j accepted or b). objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)D Some**
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`C)D None of the:
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`1..
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`Certified copies of the priority documents have been received.
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`2.[:]
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`Certified copies of the priority documents have been received in Application No.
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`3:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mai| Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20180822
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`

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`Continuation Sheet (PTOL-326)
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`Application No. 16/040,078
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`Continuation of Application Papers 11): 07/19/2018
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`

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`Application/Control Number: 16/040,078
`Art Unit: 3671
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`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA 0r AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Drawings
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`2.
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`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
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`feature of the invention specified in the claims. Therefore, the floor of the discharge
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`compartment and its relationship to the discharged straw and chaff waste, as per claim 16, must
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`be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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`3.
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`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
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`the Office action to avoid abandonment of the application. Any amended replacement drawing
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`sheet should include all of the figures appearing on the immediate prior version of the sheet,
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`even if only one figure is being amended. The figure or figure number of an amended drawing
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`should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure
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`must be removed from the replacement sheet, and where necessary, the remaining figures must
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`be renumbered and appropriate changes made to the brief description of the several views of the
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`drawings for consistency. Additional replacement sheets may be necessary to show the
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`renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
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`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
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`pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will
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`

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`Application/Control Number: 16/040,078
`Art Unit: 3671
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`Page 3
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`be notified and informed of any required corrective action in the next Office action. The
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`objection to the drawings will not be held in abeyance.
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`Claim Rejections - 35 US C § 112
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`4.
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`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
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`(a) IN GENERAL.7The specification shall contain a written description of the invention, and
`of the manner and process of making and using it, in such full, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to
`make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor
`of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre—AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any person
`skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the
`same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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`5.
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`Claim 16 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre—AIA), first paragraph,
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`as failing to comply with the enablement requirement. The claim(s) contains subject matter
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`which was not described in the specification in such a way as to enable one skilled in the art to
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`which it pertains, or with which it is most nearly connected, to make and/or use the invention.
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`Claim 16 sets forth wherein the straw and chaff waste are discharged from a compartment. The
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`compartment has a floor which adjoins the plate which discharges the straw. However, the
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`disclosure has failed to describe how the chafi‘ waste is discharged from the compartment relative
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`to the floor/plate in such a way that one having ordinary skill in the art would be enabled to make
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`the invention.
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`

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`Application/Control Number: 16/040,078
`Art Unit: 3671
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`Page 4
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`Claim Rejections - 35 US C § 103
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`6.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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.
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`Claims 1-7, 9-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`Donogh 3,276,451 in View of Isaac et al. US 2012/0270613 A1.
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`7.
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`independent Ciaim i: Donogh disclose a mechanical weed seed management device
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`mountable on a harvester, the device comprising:
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`a cl‘rute (t’iet'iried at 26, by inner wall '31) to catch the straw waste (l 6) and then direct and
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`t’iepesit the straw waste on the ground in a first windrew {when straw waste l6 is wiudrowed on
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`the ground surface” as seen in Fig. 2); and
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`a trettgh (18) having a length (the four lengths 6f the square. as seen in Fig. i) and a vent
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`(39), the. trough to convey chaff waste ( l 4) airing the length after discharge from the harvester
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`ii iii). the vent aligned with the chute to deposit the chaff waste in a seet‘ind wintimw {when chaff
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`waste 14 is windrnwed on top of the straw windrow, as seer: in Fig: 2} en top of the first
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`windrow of the straw waste on the ground, as per claim i.
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`

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`Application/Control Number: 16/040,078
`Art Unit: 3671
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`Page 5
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`Hewever, Denegh fails to diseiose a piate to convey straw waste after discharge from the
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`harvester; and
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`wherein the timigh h as a depth greater than 150 min, as per claim 1.
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`Isaac et al. disclose a similar harvester (20) comprising a piate {62) to eenvey straw waste
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`(28} after discharge from the harvester, as per claim i.
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`it would have been ebvieus ta one having ordinary skiil in the art before the effective
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`filing date of the claimed inventim te prrwir’ie the plate {if isaae et at, as per claim i, at the straw
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`discharge of the harvester {if Denogh in erder t0 predate a windrr‘iw at desired shape and height.
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`Furthermore, it would have been obvious to one having ordinary skill in the art before the
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`effective filing date of the claimed invention to provide the trough with a depth of 150 mm, as
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`per claim 1, since it has been held that where the general conditions of a claim are disclosed in
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`the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
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`8.
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`Dependent Ciairns 24: The invention is disclosed as applied abeve. However, the
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`erunhination faiis te diseiese wherein the trough. has a depth 0f 3“) mm, as per claim 2;
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`wherein the treugh has a width between 250 mm and 450 min, as per claim 3;
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`wherein the treugh has a width between 275 min and 290 mm. as per claim 4.
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`It would have been obvious to one having ordinary skill in the art before the effective
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`filing date of the claimed invention to provide the trough with a depth of 310 mm, as per claim 2,
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`and a width of 275—290 mm, as per claims 3—4, since it has been held that where the general
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`conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges
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`involves only routine skill in the art.
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`

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`Application/Control Number: 16/040,078
`Art Unit: 3671
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`Page 6
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`9.
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`Dependent Claim 5: The invention is disclosed as applied above. However, while
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`Donogh discloses wherein the trough (18) has rounded corners (see Fig. 1), Donogh discloses
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`wherein the trough is square in shape, not generally triangular in shape as required by claim 5.
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`it would h ave been obvious to one having ordinary shill iii the art before the effective
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`tiling date of the claimed invention to provide the trough as generally triangular in shape, as per
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`claim 5;, since it has been held that such a change in shape is an obvious matter of design choice,
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`ll).
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`lilependent tillaiins are 944: Donogh, ol’ the aho ve resultant combination, further
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`discloses at least one guard {ill} ahutting a section of the trough {18) to assist in guiding the chat T
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`waste {14) from the harvester (l0) into the trough? as per claim 6;
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`wl'ierein the at least one guard (3 l) is disposed within a middle area (behind the trout
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`trough length. between the two side lengths, and forward of the rear trough length, as seen in
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`Figs. l6} of the trough (18er forward of the chute (26” Figs l-Ll}, as per claim 7;
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`wherein the trough (l8) is square shaped in sectional profile (as defined above base l‘}?
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`and in between v»; lls 2t) and El)? as per claim it);
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`wherein the trough {18) comprises a paddled chain (’32) to con vey the chaff waste (14)
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`along the length to the vent {39), as per claim ll:
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`wherein each paddle (’37) is dimensioned so as to he of a complementary size and shape
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`to the tron gh {it}. as seen in Fig. 2), as per claim l2
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`l-h‘swever, the combination fails to disclose wherein the width of the chute is variahle tor
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`a variahle width deposit of straw waste on the ground, as per claim 9:
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`wherein the paddled chain is powered by a hydraulic pump as per claim l3;
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`

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`Application/Control Number: 16/040,078
`Art Unit: 3671
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`Page 7
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`inonitering equipment to menitor operation of the paddled chain andfor alert a user if the
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`eperation is interrupted, as per claim i4.
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`It would have been obvious to one having ordinary skill in the art before the effective
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`filing date of the claimed invention to provide the chute with a variable width, as per claim 9,
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`since it has been held that the provision of adjustability, where needed, involves only routine
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`skill in the art.
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`The examiner takes official notice that it would have been obvious to one having ordinary
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`skill in the art before the effective filing date of the claimed invention to provide a hydraulic
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`pump to power the paddled chain, as per claim 13, since such a source of power is old and well—
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`known in the art for providing drive to parts of harvesters. Similarly, the examiner takes official
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`notice that it would have been obvious to one having ordinary skill in the art before the effective
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`filing date of the claimed invention to provide monitoring equipment for monitoring operation of
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`the paddled chain, as per claim 14, since such equipment is old in known in the art for
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`monitoring parts of a harvester and alerting a user when operation is interrupted in order to
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`prevent damage to the harvester and/or inefficiency of operation.
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`ll.
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`independent Ciain‘t 15: Denogh discloses a weed management system comprising:
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`a harvester (10) to discharge straw waste (l6) and chaff waste (i4); and
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`a mechanical weed seed nuntagernent device ( l7) mountable en the harvester. the device
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`comprising:
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`a chute {defined at 26, by inner wall '21) to catch the straw waste and then direct and
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`deposit the straw waste on the ground in a first windrow (when the straw waste 16 is windrewed
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`on the greund surface. as seen in Fig. 2); and
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`

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`Application/Control Number: 16/040,078
`Art Unit: 3671
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`Page 8
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`a trough (18') having a length {the four lengths of the square, as seen in Fig. i} and a vent
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`(39), the trough to convey the chaff waste along the length after discharge from the harvester“ the
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`vent aligned with the chute to deposit the draft“ waste as crmveyed in a second windmw {when
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`chaff waste 14 is sv'iiidrowed on top of the straw wihdrow, as seen in Fig. ‘2) on top of the first
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`windrow of the straw waste on the ground, as per claim 35.
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`Isaac et al. disclose a similar harvester (20) comprising a piate (62) to convey straw waste
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`{28) after discharge from the harvester. as per ciahn if").
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`it: wouid have been obvious to one having ordinary skiii in the art before the effective
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`filing date of the claimed invention to provide the piate of isaae et at, as per claim 35, at the
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`straw discharge of the harvester of Douogh in order to produce a windrow of desired shape and
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`height
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`Furthermore, it would have been obvious to one having ordinary skill in the art before the
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`effective filing date of the claimed invention to provide the trough with a depth of 150 mm, as
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`per claim 15, since it has been held that Where the general conditions of a claim are disclosed in
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`the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
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`12.
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`Claims 1 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`Anderson et al. 3,860,010 in View of Isaac et al.
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`13.
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`independent {Itain‘t Ti: x—‘tnderson et: at. disclose a mechanical weed seed management
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`device mountable on a harvester, the device comprising:
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`a chute (85, 85) to catch the straw waste, and then direct and deposit the straw waste on
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`the ground in a first windrow (£50); and
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`

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`Application/Control Number: 16/040,078
`Art Unit: 3671
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`Page 9
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`a trough (34') having a length {the distance of its longitudinal extension) and a vent (47},
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`the tron gh to convey chaff waste (51, seen in Fig, 2f) aiong the length after discharge from the
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`harvester {10), the vent aligned with the chute to deposit the. eh aff i. "aide in a seeoud wiudrow on
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`top of the first windrow of the straw waste on the ground (as seen in Figs 2—3). as per ciairn 1.
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`However, Anderson et a1. faii to disciose a piate to convey straw waste after discharge
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`from the harvester; and
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`com/eyed by the. piate wherein the trough i as a depti'i greater than 150 into, as per ciairn
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`Isaac et al. disclose a similar harvester (20) comprising a piate {62) to convey straw waste
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`(2.8) after discharge from the harvester, as per claim i.
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`it would have been obvious to one having rndinary skiil in the. art before the effective
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`fiiing date of the Claimed invention to provide the plate of isaae et at, as per claim 3, at the straw
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`discharge of the harvester of Anderson et al, in order to produce a windrow of desired shape and
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`height,
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`Furthermore, it would have been obvious to one having ordinary skill in the art before the
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`effective filing date of the claimed invention to provide the trough with a depth of 150 mm, as
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`per claim 1, since it has been held that Where the general conditions of a claim are disclosed in
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`the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
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`14.
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`Dependent (Raine 8: x—‘tnderson et at, of the resuitant combination above, further disciose
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`wherein the chute (85} is tapered ihwardiy downwards (as seen in Fig. 3} to direct the straw
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`waste into a narrower deposit on the ground, as per claim 8.
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`