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 the Office Action Response dated August 5, 2025. Claims 1-2, 4-7, 15 and 17-30 are presently pending and are presented for examination.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on August 4, 2025 are in partial compliance with the provisions of 37 CFT 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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.
Claim 2 is 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 pre-AIA the applicant regards as the invention.
Claim 2 recites the limitation "the top parallel arm". There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1, 2, 6, 7, 15 and 18-30 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2020/0178455, to Ishikawa et al. (hereinafter Ishikawa), in view of U.S. Patent Publication No. 2019/0373801, to Schoeny et al. (hereinafter Schoeny).
As per claim 1, Ishikawa discloses a system for controlling planter hitch orientation (e.g. see Abstract and para 0098, wherein a control device for a vehicle, such as a planter, to control an actuator based upon a posture change of the vehicle) comprising: …(b) a tilt sensor (e.g. see 0062, wherein the vehicle includes an implement side sensor WS including a plurality of distance sensors 28 that measures distance between an implement and ground surface that is used to determine a tilt of the implement relative to the ground surface); (c) an operations unit in communication with the tilt sensor, comprising: (i) a controller (e.g. see Fig. 3, wherein the implement side sensor is in communications with a machine body side control device MC); (ii) a memory in communication with the controller (e.g. see Fig. 3, wherein eh machine body side control device includes storage section 30); and (iii) a communications component in communication with the controller (e.g. see para 0063, wherein he machine body side control device communicates with (i.e. communication component) at least an implement side control device WC); and (d) at least one actuator…in communication with the operations unit… (e.g. see Fig. 3, and para 0052, wherein the machine body side control device is in communication with lift cylinder 15A, link cylinder 16A and rolling cylinder 17A), wherein the tilt sensor detects a pitch of a soil surface (e.g. see Figs. 4-5, and para 0062, wherein the vehicle includes an implement side sensor WS including a plurality of distance sensors 28 that measures distance between an implement W and ground surface that is used to determine a tilt of the implement relative to the ground surface (i.e. relative pitch of a soil surface)), and wherein the operations unit sends signals to the at least one actuator to control an angle of a planter…to match or nearly match the pitch of the soil surface (e.g. see Fig. 5, and para 0077, wherein based upon the implement side sensor, the lift cylinder 15A, link cylinder 16A and/or rolling cylinder 17A moves the implement to become parallel with the ground surface).
Ishikawa fails to disclose (a) at least two row units, each mounted on a toolbar via a set of parallel arms;…at least one actuator on each of the at least two row units, each in communication with the operations unit and the at least one actuator configured to retract and extend one or more of the set of parallel arms. However, Schoeny teaches at least two row units 16 mounted on a toolbar (not number but at least one bar is shown connecting the row units) via parallel bars 48 and 130 (e.g. see Figs. 1 and 3), wherein actuators 50 and 56 are configured to extent and retract the arms to cause the row discs 46 to dig deeper or shallower into a ground surface 122 (e.g. see paras 0020-0035). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the invention of Schoeny to include a height sensor configured for determining a height of a toolbar so that a reference point of the planter can be established for ensuring sufficient depth in planting.
As per claim 2, Ishikawa, as modified by Schoeny, teaches the features of claim 1, and Schoeny further teaches wherein the at least one actuator is configured to retract and extend the top parallel arm (e.g. see Fig. 3). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the invention of Schoeny to include a height sensor configured for determining a height of a toolbar so that a reference point of the planter can be established for ensuring sufficient depth in planting.
As per claim 6, Ishikawa, as modified by Schoeny, teaches the features of claim 1, and Ishikawa further discloses wherein actuation of the actuator is on-the-go (e.g. see Figs. 4-5, and para 0077, wherein the position of the implement W is changed to maintain the implement at a target position PP).
As per claim 7, Ishikawa, as modified by Schoeny, teaches the features of claim 1, and Ishikawa further discloses further comprising a GPS receiver in communication with the operations unit, the GPS receiver configured to log location and soil characteristics (e.g. see para 0046, a satellite position module 5 comprising a GPS is provided; and see para 0086, wherein a camera unit is provided to calculate 3D shape of a field (i.e. soil characteristic)).
As per claim 15, Ishikawa discloses a method for controlling planter row unit orientation (e.g. see Abstract and para 0098, wherein a control device for a vehicle, such as a planter, to control an actuator based upon a posture change of the vehicle), comprising: recording a soil surface angle… (e.g. see 0062, wherein the vehicle includes an implement side sensor WS including a plurality of distance sensors 28 that measures distance between an implement and ground surface that is used to determine a tilt of the implement relative to the ground surface; the Office notes that the collected sensor data would be at least temporarily recorded/stored); determining a row unit angle…on a planting implement (e.g. see para 0088, wherein a target position PP of the implement W may have a slope difference of a predetermined angle in the pitching direction DP relative to the ground surface); and actuating an actuator such that the soil surface angle and the row unit angle are parallel or nearly parallel… (e.g. see Fig. 5, and para 0077, wherein based upon the implement side sensor, the lift cylinder 15A, link cylinder 16A and/or rolling cylinder 17A moves the implement to become parallel with the ground surface).
Ishikawa fails to disclose determining a row unit angle for each of at least two row units on a planting implement…an actuator control each of the at least two row units… and wherein the actuator is configured to extend or retract a telescoping arm of a row unit linkage for each of the at least two row units. However, Schoeny teaches at least two row units 16 mounted on a toolbar (not number but at least one bar is shown connecting the row units) via parallel bars 48 and 130 (e.g. see Figs. 1 and 3), wherein actuators 50 and 56 are configured to extent and retract the arms to cause the row discs 46 to dig deeper or shallower into a ground surface 122 (e.g. see paras 0020-0035). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the invention of Schoeny to include a height sensor configured for determining a height of a toolbar so that a reference point of the planter can be established for ensuring sufficient depth in planting.
As per claim 18, Ishikawa, as modified by Schoeny, teaches the features of claim 15, and Ishikawa further discloses wherein the soil surface angle is detected from one or more stored maps (e.g. see para 0035, wherein a work map can be transmitted for setting a target value of position for an implement).
As per claim 19, Ishikawa, as modified by Schoeny, teaches the features of claim 15, and Ishikawa further discloses wherein the row unit angle is determined by one or more of a GPS, a tilt sensor or a height sensor (e.g. see Figs. 4-5, and para 0062, wherein the vehicle includes an implement side sensor WS including a plurality of distance sensors 28 that measures distance between an implement W and ground surface that is used to determine a tilt of the implement relative to the ground surface (i.e. relative pitch of a soil surface)).
As per claim 20, Ishikawa, as modified by Schoeny, teaches the features of claim 15, and Ishikawa further discloses wherein actuation of the actuator is on-the-go in real time or near-real time (e.g. see Figs. 4-5, and para 0077, wherein the position of the implement W is changed to maintain the implement at a target position PP).
As per claim 21, Ishikawa, as modified by Schoeny, teaches the features of claim 1, and Schoeny further teaches wherein arms of the set of parallel arms are telescoping arms (e.g. see Fig. 3). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the invention of Schoeny to include telescoping parallel arms to ensure that a desired depth is obtained.
As per claim 22, Ishikawa, as modified by Schoeny, teaches the features of claim 1, and Schoeny further teaches wherein the operations unit allows for row-by-row control (e.g. see Figs. 1 and 3, and para 0022). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the invention of Schoeny to include individual control to ensure that a desired depth is obtained.
As per claim 23, Ishikawa, as modified by Schoeny, teaches the features of claim 22, and Schoeny further teaches wherein each of the at least two row units are individually controlled to maintain a parallel orientation with respect to the soil surface (e.g. see Figs. 1-3, and paras 0016-0017 and 0022). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the invention of Schoeny to include individual control to ensure that a desired depth is obtained.
As per claim 24, Ishikawa, as modified by Schoeny, teaches the features of claim 15, and Schoeny further teaches wherein each of the at least two row units are individually controlled (e.g. see Figs. 1-3, and paras 0016-0017 and 0022). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the invention of Schoeny to include individual control to ensure that a desired depth is obtained.
As per claim 25 , Ishikawa discloses a system for on-the-go control of planter row unit orientation (e.g. see Abstract and para 0098, wherein a control device for a vehicle, such as a planter, to control an actuator based upon a posture change of the vehicle) comprising: …(b) at least one tilt sensor configured to determine a soil surface angle (e.g. see 0062, wherein the vehicle includes an implement side sensor WS including a plurality of distance sensors 28 that measures distance between an implement and ground surface that is used to determine a tilt of the implement relative to the ground surface); …(d) an operations unit in communication with the at least one actuator configured to receive the soil surface angle from the at least one tilt sensor and configured to output a command to the at least one actuator (e.g. see Fig. 5, and para 0077, wherein based upon the implement side sensor, the lift cylinder 15A, link cylinder 16A and/or rolling cylinder 17A moves the implement to become parallel with the ground surface).
Ishikawa fails to disclose every feature of (a) a plurality of row units each connected to a toolbar via a set of parallel linkages, wherein each set of parallel linkages comprises at least two telescoping arms…(c) at least one actuator on each of the plurality of row units in communication with and configured to adjust a length of the at least two telescoping arms…and the actuator configured to adjust the length of the at least two telescoping arms such that each of the at least two row units are individually controlled to maintain a parallel orientation with respect to the soil surface. However, Schoeny teaches at least two row units 16 mounted on a toolbar (not number but at least one bar is shown connecting the row units) via parallel bars 48 and 130 (e.g. see Figs. 1 and 3), wherein actuators 50 and 56 are configured to extent and retract the arms to cause the row discs 46 to dig deeper or shallower into a ground surface 122 (e.g. see paras 0020-0035). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the invention of Schoeny to include a height sensor configured for determining a height of a toolbar so that a reference point of the planter can be established for ensuring sufficient depth in planting.
As per claim 26, Ishikawa, as modified by Schoeny, teaches the features of claim 25, and Schoeny further teaches wherein the at least two telescoping arms comprise a hydraulic, pneumatic or electric piston (e.g. see para 0032, wherein the actuators are responsive to a signal (i.e. electric piston action)). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the invention of Ishikawa to include using electric piston as one of a limited number of options for telescoping a rod member.
As per claim 27, Ishikawa, as modified by Schoeny, teaches the features of claim 26, and Schoeny further teaches further comprising a cylinder position sensor configured to detect a position of the hydraulic, pneumatic or electric piston (e.g. see Abstract, wherein the position of the disk, which comprises an extended portion of the piston, is determined). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the invention of Ishikawa to include determining a position of a piston to ensure sufficient depth for planting.
As per claim 28, Ishikawa, as modified by Schoeny, teaches the features of claim 25, and Schoeny further teaches wherein the operations unit allows for row-by-row control (e.g. see para 0003, wherein the first and second rows are independently operated). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the invention of Ishikawa to include independently operating the rows to reduce tool wear.
As per claim 29, Ishikawa, as modified by Schoeny, teaches the features of claim 25, and Ishikawa further discloses further comprising one or more of a GPS, a tilt sensor or a height sensor to determine a row unit angle (e.g. see 0062, wherein the vehicle includes an implement side sensor WS including a plurality of distance sensors 28 that measures distance between an implement and ground surface that is used to determine a tilt of the implement relative to the ground surface).
As per claim 30, Ishikawa, as modified by Schoeny, teaches the features of claim 25, and Ishikawa further teaches further comprising one or more of a GPS, a tilt sensor or a height sensor to determine a row unit angle (e.g. see 0062, wherein the vehicle includes an implement side sensor WS including a plurality of distance sensors 28 that measures distance between an implement and ground surface that is used to determine a tilt of the implement relative to the ground surface).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa, in view of Schoeny, and in further view of U.S. Patent Publication No. 2017/0359941, to Czapka et al. (hereinafter Czapka).
As per claim 4, Ishikawa, as modified by Schoeny, teaches the features of claim 1, but fails to teach further comprising a height sensor configured to be attached to the planter and for measurement of distance between a toolbar and the soil surface. However, Czapka discloses a vehicle 10 and implement 12 configured for leveling, wherein the implement includes an inclinometer 20 for determining a distance between an implement drawbar and ground (e.g. see Fig. 6, and paras 0021 and 0030). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the to include a height sensor configured for determining a height of a toolbar so that a reference point of the planter can be established for ensuring sufficient depth in planting.
As per claim 5, Ishikawa, as modified by Schoeny and Czapka, teaches the features of claim 4, and Ishikawa further discloses wherein the height sensor is one or more of a LiDAR sensor or a sonic sensor (e.g. see para 0061, wherein the implement side sensor WS comprises ultrasonic sensors).
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 James M. McPherson whose telephone number is (313) 446-6543. The examiner can normally be reached on 7:30 AM - 5PM Mon-Fri Eastern Alt Fri. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached on 571 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMES M MCPHERSON/Primary Examiner, Art Unit 3663B