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 Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. Regarding claim 1, the limitation of the at least one adjustment mounting bracket being "operative to adjust the mounting bar laterally relative to the tool frame" is interpreted to mean the at least one adjustment mounting bracket provides lateral translation of the mounting bar relative to the tool frame, and this limitation is not considered to be met by rotation of the mounting bar relative to the tool frame (without also having lateral translation) because there is not lateral adjustment at the point of rotation. Regarding claim 7, the limitation reciting that "nuts are used to adjust the connection arm relative to the frame connector" is interpreted to mean simultaneous use of multiple nuts are required, and this limitation is not interpreted to be met by different nuts being used at different times.
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 1 and 4-20 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 1 has been amended to recite "each mounting bracket is connected between the mounting bar and the tool frame and spaced apart along the mounting bar from adjacent mounting brackets," in lines 3-5 on labeled p. 5. It is unclear if "adjacent mounting brackets" are of the plurality of mounting brackets (previously introduced in line 3 on labeled p. 5) or if additional mounting brackets are being referred to or introduced. Thus, the metes and bounds of this recitation in claim 1 cannot be determined. Therefore, claim 1 is indefinite and rejected under 35 U.S.C. 112(b). Additionally, claims 4-20 are rejected because of their dependency on claim 1. Claim 1 is being further examined as though "adjacent mounting brackets," reads "adjacent mounting brackets in the plurality of mounting brackets," (matching the language used with "adjacent ground engaging tools" on labeled p. 4) in line 5 on labeled p. 5.
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.
Claims 1, 4, 5, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lehman (US 3,554,297).
Regarding claim 1, Lehman discloses a cultivator (see embodiment of Fig. 4, which is provided to the frame of Figs. 1 and 3 via 44, where 44 is shown in both Figs. 3 and 4) comprising:
a hitch assembly connectable to a tow vehicle to tow the cultivator in a travel direction (as described in col. 3, lines 6-18);
a tilling section having a front end and a back end, and comprising:
a tool frame (including 33);
a mounting bar (including 54 supporting 27a) provided below and connected to the tool frame (see Fig. 4) and extending generally horizontally and extending generally perpendicular to the travel direction when the cultivator is in a field position to till soil in a field (see Fig. 4, wherein 55 has a horizontal length extending as such);
a first plurality of ground engaging tools (including 27a) forming a first row of ground engaging tools connected to and extending below the mounting bar (see Fig. 4), each ground engaging tool in the first plurality of ground engaging tools is connected to the mounting bar (see Fig. 4) and spaced apart along the mounting bar from adjacent ground engaging tool(s) in the first plurality of ground engaging tools (27a spaced apart along 54 by 57);
an additional mounting bar (including 54 supporting 27c) provided below and connected to the tool frame (see Fig. 4) and extending generally horizontally and extending generally perpendicular to the travel direction when the cultivator is in a field position to till soil in a field (see Fig. 4, wherein a top wall of 54, i.e., 55, has a horizontal length extending as such);
a second plurality of ground engaging tools (including 27c) forming a second row of ground engaging tools connected to and extending below the additional mounting bar (see Fig. 4), the second row of ground engaging tools connected along a length of the additional mounting bar (see Fig 4, wherein 27c are connected along a vertical length of 54); and
a plurality of mounting brackets (including bolts received by 52 through 59), each mounting bracket is connected between the mounting bar and the tool frame (see Fig. 4) and spaced apart along the mounting bar (in the travel direction) from adjacent mounting bracket(s) in the plurality of mounting brackets, and
at least one adjustment mounting bracket (including 52) connected between the mounting bar and the tool frame (see Fig. 4),
wherein the plurality of mounting brackets allows (via 59) the mounting bar to be moved laterally relative to the tool frame,
wherein the at least one adjustment mounting bracket (including 52) is operative to adjust the mounting bar laterally relative to the tool frame, and
wherein the first row of ground engaging tools (of 27a) and the second row of ground engaging tools (of 27c) are arranged in a front-to-back arrangement such that the first row of ground engaging tools is positioned forward of the second row of ground engaging tools (see Fig. 4).
Regarding claim 4, Lehman discloses each ground engaging tool comprising: a disc arm (respective 57 extending through respective 27a and 27c) having a top end and a bottom end; and a disc (respective 27a and 27c, shown as discs in Fig. 4) rotatably attached to the bottom end of the disc arm (as 27a and 27c are shown extending around, including below, 57 and attached thereto); and an attachment mechanism (hub securing respective 27a and 27c on respective 57, being rings shown around ends of 57 in Fig. 4) attached to the top end of the disc arm (as said attachment mechanism is shown extending around, including above, 57 and attached thereto).
Regarding claim 5, Lehman discloses the disc (of 27a and 27c) being angled by the disc arm to be at an angle to the travel direction (as shown in Fig. 2, wherein planar portions of 27a and 27c are visible in a front view indicating angling as claimed).
Regarding claim 19, Lehman discloses the first row of ground engaging tools (of 27a) connected to the mounting bar being positioned forward of the second row of ground engaging tools (of 27c) connected to the additional mounting bar (see Fig. 4).
Regarding claim 20, Lehman discloses the limitations of this claim when the mounting bar and the additional mounting bar are reversed and when the first plurality of ground engaging tools and the second plurality of ground engaging tools are reversed, such that the cultivator includes:
a mounting bar (including 54 supporting 27c);
a first plurality of ground engaging tools (including 27c);
an additional mounting bar (including 54 supporting 27a);
a second plurality of ground engaging tools (including 27a),
wherein the second row of ground engaging tools connected to the additional mounting bar is positioned forward of the first row of ground engaging tools connected to the mounting bar (see Fig. 4).
Allowable Subject Matter
Claims 6-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, see labeled pp. 9-10, filed 9/14/2026, with respect to specif have been fully considered and are persuasive. The objections to the specification have been withdrawn, and the § 112(b) rejections have been withdrawn. However, the amendments to the claims have raised new § 112(b) rejections, as set forth above.
Applicant's other arguments filed 9/14/2026 have been fully considered but they are not persuasive.
Regarding the first interpretation of Lehman, Applicant argues: "If the one or more rotary hoes 27a are asserted to be analogous to the ground engaging tools of claim 1, and the one or more rotary hoes 27a are asserted to be connected to the mounting bar, as required by claim 1, because the one or more rotary hoes 27a of the Lehman reference are connected along the vertical length of the bracket 54, then the Lehman reference fails to disclose at least this element of claim 1. Claim 1 now requires that each ground engaging tool be connected to the mounting bar and that the ground engaging tools be spaced apart along the mounting bar. In Lehman, however, the rotary hoes 27a are mounted on axle 57. The rotary hoes 27 are not individually connected to bracket 54 at locations spaced apart along bracket 54. Rather, bracket 54 supports axle 57 at a single location and the rotary hoes are distributed along the axle 57. Therefore, the Lehman reference fails to disclose at least this element of claim 1." (See Remarks of 9/14/2026, labeled pp. 11-12.)
Applicant's argument is unpersuasive because the tools 27a of Lehman are connected to bracket 54 (mounting bar) by a respective part of 57 at locations horizontally spaced apart along bracket 54 as shown in Fig. 4. The ground engaging tools being "individually connected" is not claimed. Further, Applicant's assertion that "bracket 54 supports axle 57 at a single location" is unfounded. There are multiple points of contact between the bracket 54 and axle 57. Otherwise, the axle 57 would not be properly supported, and the cultivator of Lehman would be inoperable. The manner in which the ground engaging tools are spaced is not sufficiently claimed to overcome the teachings of Lehman.
Regarding the first interpretation of Lehman, Applicant also argues: "If the brackets 54 supporting the one or more rotary hoes 27a are asserted to be analogous to the mounting bar of the claim, then the bracket 54 extends primarily vertically and, specifically, the one or more rotary hoes 27a connected to the bracket are 'connected along a vertical length of [bracket] 54'. The bracket 54 does not extend generally horizontally and generally perpendicular to the travel direction when the cultivator is in a field position. Nor would the one or more rotary hoes 27a be connected horizontally along the bracket 54 and spaced apart from adjacent rotary hoes 27a." (See Remarks of 9/14/2026, labeled p. 12.)
Applicant's argument is unpersuasive because Fig. 4 of Lehman shows the bracket (mounting bar) 54 extending generally horizontally and generally perpendicular to the travel direction when the cultivator is in a field position. The bracket 54 of Lehman has a dimension that extends as claimed. The mounting bar extending "primarily" (or having a length or longitude that extends) generally horizontally and generally perpendicular to the travel direction is not claimed, and language specifying "a length of" the mounting bar has been deleted by amendment from claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further, to require specific details not positively recited in the claims would require improperly imparting limitations from the specification into the claims in direct contradiction of para. 00066 in the instant specification.
Applicant's further arguments regarding amended limitations of the mounting brackets have been considered but are moot in view of the new ground(s) of rejection. Additionally, allowable subject matter has been indicated.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joel F. Mitchell whose telephone number is (571)272-7689. The examiner can normally be reached 9:30-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JFM/9/19/26
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
