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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description, specifically for the description of page 6 in page 50, lns. 1-28: frame (62); coupling structure (64); coupling system (65); tractor (66); sowing elements (67); deformable parallelogram (68); hopper (69); metering and separation device (610) … etc.. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because “the main beam” (63) is not in a typical “main beam” location/orientation, as seen in Fig. 6. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
reference numeral “69” has been used to refer to a hopper and a reservoir (e.g., page 50, lns. 10 and 11);
reference numeral “67” has been used to refer to sowing elements and sowing units (e.g., page 50, lns. 8 and 15).
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: line 15, it appears “array; and” should be changed too –array and—. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: line 3, it appears “a dressing composition to an application state” should be changed to –the dressing composition in an application state—. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: line 5, it appears “a dressing composition” should be changed to –the dressing composition—. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: lines 2-3, “a dressing composition” should be changed to –the dressing composition—. Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-8 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 5, in the final two lines, “… for forming the dressing composition for application or the dressing composition, in fluid connection with the application device” is awkward and unclear.
Claim 7 recites the limitation "the one or more environmental condition" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the specific plant propagation material" in the final two lines. There is insufficient antecedent basis for this limitation in the claim.
Claim 8, in line 2, sets forth “a seed unit”. However, it is unclear how this seed unit is related to the seed drill already set forth in independent claim 1, from which claim 8 depends.
Claim 9 sets for wherein the application device comprises a triggerable application nozzle. However, it is unclear how this triggerable nozzle relates to the application device’s selectively operable outlet already set forth in the final two lines of claim 1, from which claim 9 depends. Specifically, it is unclear if these two parts are one and the same or two different parts altogether.
Claim 12 sets forth “a sensor shaft” in line 2. However, it is unclear how this sensor shaft is related to the sensor array and at least one sensor already set forth in claim 1, line 12, from which claim 12 depends. Specifically, it is unclear if these sensors are one and the same or are two different sensors altogether.
Claim 13 recites the limitation "the sensor shaft" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the fall line" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the rate of fall of the material" in the final two lines. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the transverse position" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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) 1, 8-9, 11-17, 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilkerson et al. 7,370,589.
Independent Claims 1, 23: Wilkerson discloses a precision seed drill for discharge of plant propagation materials onto an underlying agricultural surface for seed as per the method of claim 23, the drill comprising:
a. a reservoir container (seed hopper, not shown, see col. 4, lns. 34) for the plant propagation material,
b. a separating device (meter, not shown, col. 4, ln. 35-36) which is configured to separate plant propagation material (202) fed from the reservoir container, and to output them individually (col. 4, lns. 35-48, and see the seed positioning in Figs. 2-3), and
c. an application device (FD) configured to selectively apply an aliquot of a dressing composition (F) to the separated plant propagation materials directly before it is injected into the soil (204, the dressing is applied at TL as seen in Figs. 2 and 10, so the plant propagation material will cross the dressing just prior to or as it is entering the soil), and external of the device (as seen in Figs. 2 and 10);
wherein the application device (FD) configured to apply the aliquot (F) to the separated plant propagation materials (202) while it falls freely onto the underlying surface (204, as seen in Figs. 2 and 10); and
wherein the application device comprises:
a sensor array comprising at least one sensor (S) for measuring the trajectory of the plant propagation materials (202, col. 5, lns. 31-37) while falling (see Fig. 2),
a controller (CONT) for calculating the trajectory (i.e. the time and location of the seed, col. 5, lns. 47-48, 60-64) from the data received from the sensor array; and for coordinating and applying the dressing composition (col. 5, lns. 3-14); and
an outlet device (214) for dispensing an aliquot of the dressing composition (F) selectively onto the plant propagation materials (202) during free-falling (as seen at TL in Figs. 2 and 10), as per claims 1 and 23.
Dependent Claims 8-9, 11-17: Wilkerson further discloses wherein the application device (FD) is integral with a seed unit (as seen in Fig. 2), as per claim 8;
wherein the application device (FD) comprises a triggerable application nozzle (214, the outlet device applies dressing to each seed individually, see col. 4, lns. 21-23), as per claim 9;
wherein the application device (FD) comprises a valve (210) operatively controlled by the controller (CONT), as per claim 11;
wherein the application device (FD) has a sensor shaft (ST) which is open at both ends, and wherein the application device is arranged in such a way that the separated plant propagation materials (202) fall through the sensor shaft on their path from the separating device (meter, not shown, col. 4, ln. 35-36) to the underlying surface (204), as per claim 12;
wherein the at least one sensor (S) for detecting the passage of a plant propagation material (202) through the sensor shaft (ST) is arranged in the sensor shaft,
wherein the triggerable application nozzle (214) for the dressing composition (F) is configured to apply the aliquot of a dressing composition to the plant propagation material having fallen through the sensor shaft, once the material is outside the sensor shaft,
wherein the controller (CONT) cooperates with the at least one sensor, the controller bringing about the triggering of the application nozzle in accordance with sensor signals generated by the at least one sensor, in order to apply the dressing composition to the material (col. 4, ln. 55-col. 5, ln. 14), as per claim 13;
wherein at least two sensors (S, col. 11, lns. 58-60) for detecting the passage of a material (202) through the sensor shaft (ST) are arranged one after the other along the sensor shaft. in the falling direction of the plant propagation materials, wherein the controller (35) is configured to calculate, on the basis of the sensor signals of the at least two sensors, a time delay after which it brings about the triggering of the application nozzle (214, col. 11, lns. 32-60), as per claim 14;
wherein the application nozzle (214) is configured to eject, each time it is triggered, the aliquot of a dressing composition (F) along a spraying trajectory (at θv), wherein the controller (CONT) is configured to calculate the position of an impact location (TL) at which the spraying trajectory and the fall line (Vsd) of the material (202) to which dressing is applied intersect, and wherein the controller is configured to calculate the time delay on the basis of the position of the impact location and the rate of fall of the material (col. 11, lns. 32-60), as per claim 15;
wherein the application nozzle (214) is oriented such that its spraying trajectory (at θv) intersects the fall lines (Vsd) of the plant propagation materials (202) at an acute angle of preferably 30°- 60° (seen best in Fig. 10), as per claim 16;
wherein a plurality of sensors (S), which detect the transverse position of the plant propagation materials (202) within the sensor shaft (ST), are arranged in the sensor shaft, and wherein the controller (CONT) is configured to calculate individually the time delay for each material taking into account the transverse position of the material (col. 11, ln. 64-col. 12, ln. 25), as per claim 17.
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) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkerson et al. in view of Colburn, Jr. et al. 5,673,637.
Dependent Claims 5-7: The seed drill is disclosed as applied above. Wilkerson further discloses a mixing control unit (MCU) configured and operable to adapt the dressing composition (F) by controlling the flow of the dressing composition (col. 5, lns. 53-56) and/or the diluent to obtain a dressing composition to an application state, and/or to a state and composition suitable for the one or more environmental condition, and/or the specific plant propagation material, as per claim 7.
However, Wilkerson fails to disclose at least one dressing storage assembly comprising at least one dressing reservoir, the dressing reservoir comprising at least one agricultural compound and at least one additional component additional to the at least one agricultural compound for forming the dressing composition for application, or the dressing composition, in fluid connection with the application device, as per claim 5;
a diluent reservoir for a diluent suitable for diluting the at least one agricultural compound and the at least one additional component to form a dressing composition in applicable state, a per claim 6.
Colburn, Jr. discloses a similar product applicator comprising at least one dressing storage assembly (63, 86, 96) comprising at least one dressing reservoir (85), the dressing reservoir comprising at least one agricultural compound and at least one additional component (86) additional to the at least one agricultural compound for forming the dressing composition for application, or the dressing composition, in fluid connection with the application device (47), as per claim 5;
a diluent reservoir (96) for a diluent suitable for diluting the at least one agricultural compound and the at least one additional component (86) to form a dressing composition in applicable state, a per claim 6.
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 reservoirs for mixing as taught by Colbunr, Jr. on the seed drill of Wilkerson in order to provide a prescribed, on-the-go agricultural treatment.
Response to Arguments
Applicant argues that Wilkerson does not disclose the application of a dressing composition during free-falling or before the seed is injected into the soil. However, as seen in Wilkerson’s Fig. 2 and col. 5, lns. 11-14, the dressing composition is deposited on seed (202) at target location (TL) which is just prior to or as the seed is free-falling into the soil.
The applicant also argues that Wilkerson applies the dressing composition to the seed at a second location in the furrow. However, this second location is moot as this second location is not relied upon by the examiner as the seed-dressing position, but instead it is target location TL just before or at the entry of the furrow that the examiner relies upon. Wilkerson therefore reads on the claim.
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 September 24, 2025
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