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 .
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(1)(1) as being anticipated by Bassett (Pat. No.: 6,644,224).
Regarding independent claim 1, Bassett discloses an agricultural row cleaner (10) comprising:
a frame (84);
a first row cleaner wheel (34) disposed on a first side of the frame (84, as seen in Fig. 2 and Fig. 4);
a second row cleaner wheel (36) disposed on a second side of the frame (84, as seen in Fig. 2 and Fig. 4); and
a row cleaner diverter (including wheel 30) connected (as seen in Fig. 2) to the frame (84) and disposed forward of the first row cleaner wheel and the second row cleaner wheel (34 and 36 respectively) in a direction of travel (claimed forward disposition of the row cleaner diverter is depicted in Fig. 1) and disposed between the first row cleaner wheel and the second row cleaner wheel (34 and 36 respectively, See Fig. 1 for claimed between disposition of the row cleaner diverter).
Applicant may further reference col. 5, lns. 9-22 for a general disclosure of the claimed first and second row cleaner wheels and the row cleaner diverter.
Regarding claim 2, Bassett discloses the row cleaner of claim 1, and also discloses wherein the row cleaner diverter (including wheel 30) comprises a bracket (31) that is attached to the frame (84, claimed attachment shown in Fig. 2) and a diverter (including wheel 30) attached to the bracket (31), and the diverter (including wheel 30) has a leading edge disposed forward in the direction of travel (forward leading edge shown in at least Fig. 1).
Regarding claim 3, Bassett discloses the row cleaner of claim 2, and also discloses wherein the diverter has an adjustable distance (See col. 6, lns. 17-30 where it discloses the diverter is “vertically repositionable”) from the first row cleaner wheel and the second row cleaner wheel (34 and 36 respectively) in a direction of travel (See Fig. 1 and Fig. 2 where the vertically spaced bores 94 are disposed in the direction of travel).
Regarding claim 4, Bassett discloses the row cleaner of claim 2, and also discloses wherein the diverter is adjustable vertically (See col. 6, lns. 17-30 where it discloses the diverter is “vertically repositionable”).
Regarding claim 5, Bassett discloses the row cleaner of claim 4, and also discloses wherein the diverter (including wheel 30) is disposed to contact a soil surface (Applicant may further reference col. 5, lns. 9-22 for a general disclosure of the claimed diverter).
Regarding claim 6, Bassett discloses the row cleaner of claim 4, and also discloses wherein the diverter (including wheel 30) is disposed to penetrate soil (Applicant may further reference col. 5, lns. 9-22 for a general disclosure of the claimed diverter).
Regarding claim 7, Bassett discloses the row cleaner of claim 6, and also discloses wherein the diverter (including wheel 30) penetrates soil to a depth above seeding depth (See col. 6, lns 30-35 where it discloses the diverter can be situated to make a shallow cut, i.e., a cut above seeding depth).
Regarding claim 9, Bassett discloses the row cleaner of claim 2, and also discloses wherein the leading edge is angled (See Fig. 2 where the diverter has alternating angled/wavy portions that are angled).
Regarding claim 10, Bassett discloses the row cleaner of claim 9, and also discloses wherein the leading edge has a top portion that is convex in the direction of travel and a lower portion that is concave in the direction of travel (See annotated Fig. 2, also note that the limitation “in the direction of travel” is broad and as such since the upper and lower portions are disposed within the direction of travel they meet the claim).
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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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bassett in view of Freed (Pat. No.: 8,393,407).
Regarding claim 8, Bassett discloses the row cleaner of claim 2, and also discloses where the diverter can take “any suitable form” (See col. 4, lns. 43-54). However, Bassett fails to specifically disclose that the leading edge is flat. Freed discloses a similar first and second row cleaner wheels with a similar diverter (36) disposed forward and between the first and second row cleaner wheels (as seen in Fig. 5). More specifically, Freed teaches that the leading edge (36a) of the diverter (36) is flat (as seen in Fig. 5). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the wavy/angled leading edge of Basset, to be the flat leading edge of Freed, with a reasonable expectation of success, in order to “facilitate soil penetration and the reduction of crop residue” (See col. 6, lns. 56-58).
Allowable Subject Matter
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art are generally directed towards a planting/seeding unit: Rohrer (Pat. No.: 2,587,765), Martin (Pat. No.: 9,642,298), Bassett (Pat. No.: 8,910,581), Bassett (Pat. No.: 8,327,780), and Sauder et al. (Pub. No.: 2015/0271986).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Audrey L Lusk whose telephone number is (571)272-5132. The examiner can normally be reached M - F 8am-5pm.
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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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/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
/A.L.L./Examiner, Art Unit 3671