Prosecution Insights
Last updated: April 19, 2026
Application No. 17/851,788

AGRICULTURAL CLOSING SYSTEM AND METHOD

Non-Final OA §103
Filed
Jun 28, 2022
Examiner
CASS, JEAN PAUL
Art Unit
3666
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Cnh Industrial America LLC
OA Round
3 (Non-Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
719 granted / 984 resolved
+21.1% vs TC avg
Strong +26% interview lift
Without
With
+25.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
83 currently pending
Career history
1067
Total Applications
across all art units

Statute-Specific Performance

§101
10.5%
-29.5% vs TC avg
§103
56.8%
+16.8% vs TC avg
§102
12.6%
-27.4% vs TC avg
§112
12.8%
-27.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 984 resolved cases

Office Action

§103
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 . New Non Final Rejection. The applicant has requested a new non-final action due to the amendment of claim 16 incorporating claim 17 into claim 16. A new non final rejection is provided here. The amended claim 16 has been clarified by the applicant The phrase selectively varied in claim 16 means “...the soil closing from the disc and soil pressing from the press wheel are configured to act with forces independent of one another on a soil within a common closing system” as now amended in claim 1 and in the remarks. This is being interpreted as “tamping the furrow down and closing the furrow with the press assemble 52 by the applicant’s clarifying remarks on page 6, lines 12-13. But now applicants are arguing “selectively varied” to mean tamping this down with forces independent of one another on the soil. See applicant’s remarks on page 6, lines 12-13. The applicant is able to disclaim or vary the scope of the claim in the remarks. See MPEP 2181. The office has now added Gresch as a reference to address this new distinguishing remark from the applicant clarifying the meaning of the claim. The new reference shows the closing disc or wheel pushing the second position deeper into the soil. The applicant ha made the remarks for claim 16: PNG media_image1.png 442 1046 media_image1.png Greyscale However, if the applicant does not mean this as suggested that the claim scope is the same and the term is intended to be broader then a new non-final rejection is made herein. Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-5 and 7-9 are rejected under 35 U.S.C. sec. 103 as being unpatentable as obvious in view of United States Patent Application Pub. No.: US20220078972A1 to Faulring that was filed in 2020 prior to 6-28-2022 assigned to Ceres Innovation and in view of United States Patent Application Pub. No.: US20220369539A1 to Frank et al. that was filed in 2019 and in view of U.S. Patent No.: US10779462B2 to Gresch et al. that was filed in 2017. PNG media_image2.png 752 760 media_image2.png Greyscale Faulring discloses “...1. A system for a row unit of a planting implement, the system comprising: (see FIG. 2 and paragraph 47 where the arm includes a first closing arm and a second closing arm 215, 213 and a coupling suction portion 230 to a target) a frame; (see element 203) a closing system operably coupled with the frame, (see elements 215, 203 and 212 where the arms retract to reveal the telescoping portion 203 with a vacuum suction device to grab to drop the product 250) the closing system comprising: (see elements 215, 203 and 212 where the arms retract to reveal the telescoping portion 203 with a vacuum suction device to grab to drop the product 250) PNG media_image3.png 768 1030 media_image3.png Greyscale The primary reference is silent but Frank et al. teaches “...a closing arm operably coupled to the frame on a first portion of the closing arm; (see Fig. 8 where the closing arm 60 is connected to the disc 61) PNG media_image4.png 730 960 media_image4.png Greyscale a closing disc operably coupled with a second portion of the closing arm; and (see Fig. 8 where the closing arm 60 is connected to the disc 61 and the disc 61 is connected to the end of the arm 60) an adjustment assembly operably coupled with the closing arm, the adjustment assembly configured to alter one or more operating parameters of the closing system; (see claim 15 and paragraph 24-30 where the amount of the downforce of the disc can be controlled with the soil via an actuator 65 that is data communication with a monitor device 300) a positioning system; and a computing system communicatively coupled to the closing system and the positioning system, the computing system being configured to: determine a location of the closing system based on data received from the positioning system; (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) and alter the one or more operating parameters of the closing system from a first operating parameter to a second operating parameter based on the location of the closing system:”. (see paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. PNG media_image5.png 708 948 media_image5.png Greyscale Claim 1 is amended to recite and the primary reference is silent but GRESCH teaches “...a press arm operably coupled to the frame on a first portion of the press arm; (See element 148b) a press wheel operably coupled with a second end portion of the press arm, (see element 148a) the press wheel downstream of the closing disc in a forward direction of travel; (see element 116a) and a press assembly actuator operably coupled with the frame and the press arm, (see actuator 190) wherein the press assembly actuator is configured to alter a position of the press wheel relative to the frame, wherein soil closing from the closing disc and soil pressing from the press wheel are configured to act with forces independent of one another on a soi within a common closing system”, (see Fig. 2 to 3 where the device includes a first closing wheel 118 and a second wheel 114 and in Fig. 3 where is a member 180 with an actuator 190 to move the arm 148 to move the disc 116 from a first position 170 to a second position that is deeper 162; see also FIG. 4 where there are press arms 172b and 172a to move using the actuator and the bar to deflect the first and the second closing disc 116a and 11b and this is independent from each other in a common closing system) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the teachings of GRESCH with the disclosure of Faulring with a reasonable expectation of success to provide a first planting depth actuator that can connect to an arm to provide an increased depth based on the fact that the soil is very hard past a calibration point and requires more force or is working fine. This can provide an increased trench depth at position b and in position a it is relative shallow. The applicant’s configuration is below: PNG media_image6.png 652 962 media_image6.png Greyscale The primary reference is silent but Frank et al. teaches “..2. The system of claim 1, wherein the first operating parameter is a first amount of down force and the second operating parameter is a second amount of down force, the second amount varied from the first amount”. (see paragraph 41-42 where a first downforce can be applied and then a second supplemental downforce can be applied that is higher) (see paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. The primary reference is silent but Frank et al. teaches 3. The system of claim 1, further comprising: a user interface operably coupled with the computing system, wherein the one or More operating parameters is received through the user interface. (see paragraph 64 and paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. The primary reference is silent but Frank et al. teaches 4. The system of claim 1, further comprising: a closing assembly actuator operably coupled with the frame and the closing arm, wherein the closing assembly actuator is configured to alter a position of the closing disc relative to the frame” (see paragraph 81-82). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. The primary reference is silent but Frank et al. teaches “5. The system of claim 4, wherein the computing system is configured to alter one or more operating characteristics of the closing assembly to alter the one or more operating parameters of the closing system from the first operating parameter to the second operating parameter based on the location of the closing system”. (see claims 1-7)(see paragraph 81-82) (see paragraph 64 and paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. PNG media_image7.png 714 892 media_image7.png Greyscale Frank teaches “...7. The system of claim 1, further comprising: a press assembly, wherein the computing system is configured to alter one or more operating characteristics of the press assembly from the first operating parameter to the second operating parameter based on the location of the closing system. (see element 55 and paragraph 23 -33 and claim 13 where the closing wheel has a biasing and a packer wheel arm to move the arm toward the soil) (see wheel 61 coupled via a coupler to the press arm 60 and the entire arm can be moved down via support arm and actuator 55) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. Frank teaches “...8. The system of claim 1, wherein the positioning system is located remote from the frame, and wherein the computing system is configured to determine the location of the closing system based on the data received from the positioning system and an offset position of the positioning system relative to the frame”. (see paragraph 94-99 where the desired downforce can be applied to each row or a percentage of the downforce to each row and for each row a different downforce can be applied different from the target) (see paragraph 117-121 where the downforce can be varied as the trench is being followed by the device and the downforce on the closing wheel 61 can be adjusted by adjusting the wire or the coil spring or other settings) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. Frank teaches “..9, The system of claim 1, wherein the first operating parameter is defined by a first operating parameter zone of a prescription map and the second operating parameter is defined by a second operating parameter zone of the prescription map. (see paragraph 117-121 where the downforce can be varied as the trench is being followed by the device and the downforce on the closing wheel 61 can be adjusted by adjusting the wire or the coil spring or other settings) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. Claims 10-20 are rejected under 35 U.S.C. sec. 103 as being unpatentable as obvious in view of United States Patent Application Pub. No.: US20220078972A1 to Faulring that was filed in 2020 prior to 6-28-2022 assigned to Ceres Innovation and in view of United States Patent Application Pub. No.: US20220369539A1 to Frank et al. that was filed in 2019 and in view of Gresch. PNG media_image2.png 752 760 media_image2.png Greyscale Faulring discloses “...10. A method for an agricultural operation, the method comprising: “...determining, based on data from a positioning system, a location of a first row unit; (see FIG. 2 and paragraph 47 where the arm includes a first closing arm and a second closing arm 215, 213 and a coupling suction portion 230 to a target) (see elements 215, 203 and 212 where the arms retract to reveal the telescoping portion 203 with a vacuum suction device to grab to drop the product 250) the closing system comprising: (see elements 215, 203 and 212 where the arms retract to reveal the telescoping portion 203 with a vacuum suction device to grab to drop the product 250) The primary reference is silent but Frank et al. teaches “...comparing, with a computing system, the first location of the first row unit to a prescription map; and altering, with an adjustment assembly operably coupled with the computing system, an operating parameter of a closing system of the first row unit when the location of the first row unit is moved from a first operating parameter zone to a second operating parameter zone, (see elements 215, 203 and 212 where the arms retract to reveal the telescoping portion 203 with a vacuum suction device to grab to drop the product 250) the first operating parameter zone and the second operating parameter zone defined by a prescription map. (see claims 1-7)(see paragraph 81-82) (see paragraph 64 and paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. PNG media_image5.png 708 948 media_image5.png Greyscale Claim 10 is amended to recite and the primary reference is silent but GRESCH teaches “.. selecting a position of a down stop of a closing disc assembly along a closing disc arm to define a maximum down force of the closing disc assembly, the stop defining a plurality of positions on the closing disc arm; (See element 148b) (see Fig. 2 to 3 where the device includes a first closing wheel 118 and a second wheel 114 and in Fig. 3 where is a member 180 with an actuator 190 to move the arm 148 to move the disc 116 from a first position 170 to a second position that is deeper 162; see also FIG. 4 where there are press arms 172b and 172a to move using the actuator and the bar to deflect the first and the second closing disc 116a and 11b and this is independent from each other in a common closing system) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the teachings of GRESCH with the disclosure of Faulring with a reasonable expectation of success to provide a first planting depth actuator that can connect to an arm to provide an increased depth based on the fact that the soil is very hard past a calibration point and requires more force or is working fine. This can provide an increased trench depth at position b and in position a it is relative shallow. The primary reference is silent but Frank et al. teaches “..11. The method of claim 10, wherein the closing system of the first row unit includes a closing assembly, and wherein altering the operating parameter of the closing system further includes activating a closing assembly actuator of the adjustment assembly to alter a position of a closing disc relative to a frame of the first row unit. (see Fig. 8 where the closing arm 60 is connected to the disc 61 and the disc 61 is connected to the end of the arm 60) (see claim 15 and paragraph 24-30 where the amount of the downforce of the disc can be controlled with the soil via an actuator 65 that is data communication with a monitor device 300) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. Frank teaches “...12. The method of claim 10, wherein the closing system of the first row unit includes a press assembly, and wherein altering the operating parameter of the closing system further includes activating a press assembly actuator of the adjustment assembly to alter a position of a press wheel relative to a frame of the first row unit. (see element 55 and paragraph 23 -33 and claim 13 where the closing wheel has a biasing and a packer wheel arm to move the arm toward the soil) (see paragraph 41-42 where a first downforce can be applied and then a second supplemental downforce can be applied that is higher) (see paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. Frank teaches “..13. The method of claim 10, further comprising: determining, based on data from the positioning system, a location of a second row unit; comparing, with a computing system, the location of the second row unit to the prescription map; and altering, with the adjustment assembly operably coupled with the computing system, the operating parameter of a closing system of the second row unit when the location of the second row unit is moved from the first operating parameter zone to the second operating parameter zone, wherein the operating parameter of the closing system of the first row unit is varied from the operating parameter of the closing system of the second row unit”. (see element 55 and paragraph 23 -33 and claim 13 where the closing wheel has a biasing and a packer wheel arm to move the arm toward the soil) (see paragraph 41-42 where a first downforce can be applied and then a second supplemental downforce can be applied that is higher) (see paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. Frank teaches “..14. The method of claim 13, wherein the closing system of the second row unit includes a closing assembly, and wherein altering the operating parameter of the closing system further includes altering an operating characteristic of the closing assembly. (see paragraph 94-99 where the desired downforce can be applied to each row or a percentage of the downforce to each row and for each row a different downforce can be applied different from the target) (see paragraph 117-121 where the downforce can be varied as the trench is being followed by the device and the downforce on the closing wheel 61 can be adjusted by adjusting the wire or the coil spring or other settings) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. PNG media_image8.png 792 972 media_image8.png Greyscale Frank teaches “...15. The method of claim 13, wherein the closing system of the first row unit includes a press assembly, and wherein altering the operating parameter of the closing system further includes altering an operating characteristic of the press assembly. (see element 55 and paragraph 23 -33 and claim 13 where the closing wheel has a biasing and a packer wheel arm to move the arm toward the soil) (see paragraph 41-42 where a first downforce can be applied and then a second supplemental downforce can be applied that is higher) (see paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. PNG media_image9.png 754 1014 media_image9.png Greyscale Faulring discloses “..16. A system for a planting implement, the system comprising: a first row unit including a first closing system; a second row unit including a second closing system; (see FIG. 2 and 8 and paragraph 47 where the arm includes a first closing arm and a second closing arm 215, 213 and a coupling suction portion 230 to a target) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. PNG media_image10.png 740 1050 media_image10.png Greyscale Frank teaches “...a positioning system; and a computing system communicatively coupled to the first closing system, the second closing system, and the positioning system, the computing system being configured to: determine a location of the first row unit relative to the positioning system; determine a location of the second row unit relative to the positioning system; and determine a first operating parameter for the first closing system based on the location of the first row unit and a second operating parameter for the second closing system based on the location of the second row unit, wherein the first operating parameter is varied from the second operating parameter” (see paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) (see paragraph 41-42 where a first downforce can be applied and then a second supplemental downforce can be applied that is higher) (see paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field). (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. Gresch teaches “... wherein the first operating parameter is selectively varied through a first adjustment assembly, and wherein the first adjustment assembly includes a closing assembly actuator operably coupled with a closing assembly and a press assembly actuator operably coupled with a press assembly (see Fig. 2 to 3 where the device includes a first closing wheel 118 and a second wheel 114 and in Fig. 3 where is a member 180 with an actuator 190 to move the arm 148 to move the disc 116 from a first position 170 to a second position that is deeper 162; see also FIG. 4 where there are press arms 172b and 172a to move using the actuator and the bar to deflect the first and the second closing disc 116a and 11b and this is independent from each other in a common closing system) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the teachings of GRESCH with the disclosure of Faulring with a reasonable expectation of success to provide a first planting depth actuator that can connect to an arm to provide an increased depth based on the fact that the soil is very hard past a calibration point and requires more force or is working fine. This can provide an increased trench depth at position b and in position a it is relative shallow. Claim 17 is cancelled. Frank teaches “...18. The system of claim 16, wherein the second operating parameter is selectively varied through a second adjustment assembly, and wherein the second adjustment assembly includes a closing assembly actuator operably coupled with a closing assembly and a press assembly actuator operably coupled with a press assembly. (see paragraph 44-50 and paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) (see paragraph 41-42 where a first downforce can be applied and then a second supplemental downforce can be applied that is higher) (see paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field). (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. PNG media_image10.png 740 1050 media_image10.png Greyscale Frank teaches “..19. The system of claim 17, wherein the first operating parameter is based on a combination of one or more operating characteristics of the closing assembly of the first row unit and one or more operating characteristics of the press assembly of the first row unit. (see paragraph 44-50 and paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) (see paragraph 41-42 where a first downforce can be applied and then a second supplemental downforce can be applied that is higher) (see paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field). (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field) It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. Frank teaches “...20. The system of claim 16, wherein the first operating parameter is an amount of down force generated by the closing system. (see paragraph 41-42 where a first downforce can be applied and then a second supplemental downforce can be applied that is higher) (see paragraph 33 where the force device 23 can also apply sufficient force to the support arm second portion 20-2 to counteract forces applied to the support arm second portion 20-2 by the firming implement force actuator 55 and/or the closing wheel force actuator 65 to maintain a specified force on furrow disc 30) (see paragraph 94 where the device has a control module 112 and a GPS module that can provide a location and a downforce on the map as the air seeder moves the field)”. It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the disclosure of FAULRING with the teachings of FRANK with a reasonable expectation of success since FRANK teaches that a seeder can include a closing disc and a wheel arm. The downforce of the disc seeder can be controlled by a closed loop feedback circuit and a positioning device to limit the amount of downforce or increase the amount of downforce depending on the type of soil. This can ensure that a proper amount of downforce is applied to provide the desired furrow depth without overly compacting the soil which is disfavored. See paragraph 1-5 and claims 1-17 and paragraph 94, 120-121 of Frank. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN PAUL CASS whose telephone number is (571)270-1934. The examiner can normally be reached Monday to Friday 7 am to 7 pm; Saturday 10 am to 12 noon. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott A. Browne can be reached on 571-270-0151. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JEAN PAUL CASS/Primary Examiner, Art Unit 3666
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Prosecution Timeline

Jun 28, 2022
Application Filed
May 15, 2025
Non-Final Rejection — §103
Aug 19, 2025
Response Filed
Nov 07, 2025
Final Rejection — §103
Jan 07, 2026
Applicant Interview (Telephonic)
Jan 07, 2026
Examiner Interview Summary
Jan 16, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
99%
With Interview (+25.9%)
3y 1m
Median Time to Grant
High
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