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, 3-6, 8-9, and 11 are rejected under 35 U.S.C. 102(1)(1) as being anticipated by Freed (Pub. No.: 2011/0247537).
Regarding independent claim 1, Freed discloses a row cleaner assembly (80, See Fig. 11) adapted to mount to an agricultural planter, the agricultural planter including a trench opening assembly (268) configured to open a seed trench in a soil surface as the agricultural planter travels in a forward direction of travel (details of the trench opening assembly 268 described in para. [0032]), the row cleaner assembly comprising:
an upper subframe (274) mounted to the agricultural planter forward of, and longitudinally aligned with, the trench opening assembly (268; See Fig. 3 where the upper subframe 274 is disposed in the direction of travel, i.e., longitudinally aligned with the trench opening assembly and mounted forward of the planter);
a lower subframe (frame elements depicted in Fig. 11, e.g., 81a-b, 83a-83b, 84, 85a-b) operably connected to the upper subframe (274) such that the lower subframe (frame elements depicted in Fig. 11) is capable of moving vertically (via actuators 94, 102 as described in para. [0045]) relative to the upper subframe (274), the lower subframe having a forward end, a first side and a second side relative to the forward direction of travel (See Fig. 11 where the first side is depicted, the second side is opposite the first side, and the forward end is generally disposed around the depicted springs);
a first row cleaner (44) rotatably mounted to the first side of the lower subframe (Fig. 11 depicts the first side of the row cleaner assembly), the first row cleaner wheel oriented to diverge outwardly rearward relative to the forward direction of travel such that as the first row cleaner wheel rotates by engaging with the soil surface as the agricultural planter travels in the forward direction of travel (outward divergence depicted in Figs. 6-7), the first row cleaner wheel (44) moves crop debris on the soil surface away from the seed trench (See para. [0038] for disclosure of the row cleaner wheels as they travel in the direction of travel);
a second row cleaner (42) rotatably mounted to the second side of the lower subframe (i.e., opposite the first row cleaner), the second row cleaner wheel oriented to diverge outwardly rearward relative to the forward direction of travel such that as the second row cleaner wheel rotates by engaging with the soil surface as the agricultural planter travels in the forward direction of travel (outward divergence depicted in Figs. 6-7), the second row cleaner wheel moves crop debris on the soil surface away from the seed trench (See para. [0038] for disclosure of the row cleaner wheels as they travel in the direction of travel); and
a vertically planar plate (36) mounted to the forward end of the lower subframe between the first and second row cleaner wheels (as seen in Fig. 11, note the forward end of the lower subframe generally corresponds to the portion of the subframe disposed around the depicted springs), the vertical planar plate (36) having a leading edge (36a) extending forward of the first (44) and second row cleaner wheels (42), whereby the vertical planar plate lifts and divides the crop residue forward of the first and second row cleaning wheels (See Fig. 3 where the edge is forward of the cleaning wheels, and See para. [0040] where it discloses “the coulter’s peripheral edge 36a is sharply tapered to facilitate soil penetration and the cutting and reduction of crop residue.”).
Regarding claim 3, Freed discloses the row cleaner assembly of claim 1, and also discloses wherein the vertical planar plate is adjustable (via apertures 74a) forwardly and rearwardly relative to the first and second row cleaner wheels (See Figs. 8-9 for the apertures 74a, and para. [0041] for corresponding disclosure and where it discloses the position of the vertical planar plate 36 “may be changed, or adjusted, vertically and/or horizontally to accommodate various soil conditions and plating criteria”).
Regarding claim 4, Freed discloses the row cleaner assembly of claim 1, and also discloses wherein the vertical planar plate is adjustable (via apertures 74a) vertically relative to the first and second row cleaner wheels (See Figs. 8-9 for the apertures 74a, and para. [0041] for corresponding disclosure and where it discloses the position of the vertical planar plate 36 “may be changed, or adjusted, vertically).
Regarding claim 5, Freed discloses the row cleaner assembly of claim 4, and also discloses wherein the vertical planar plate is disposed to contact the soil surface (at the cutting edge 36a)
Regarding claim 6, Freed discloses the row cleaner assembly of claim 4, and also discloses wherein the vertical planar plate is disposed to penetrate the soil surface (at the cutting edge 36a).
Regarding claim 8, Freed discloses the row cleaner assembly of claim 1, and also discloses wherein the leading edge (36a) of the vertical planar plate is flat, rounded, or blunt (See leading edge depicted in Fig. 11).
Regarding claim 9, Freed discloses the row cleaner assembly of claim 1, and also discloses wherein the leading edge (36a) of the vertical planar plate (36) is angled (since the leading edge 36a is circular, it is also angled).
Regarding claim 11, Freed discloses the row cleaner assembly of claim 1, and also discloses an actuator (94, 102 as seen in Fig. 11) configured to move the lower subframe vertically relative to the upper subframe so as to adjust an amount of downforce on the first and second row cleaner wheels (See para. [0045] where it discloses increasing the compression force applied by the actuators 94 and 102, the running depths of the cleaner wheels may be increased, and similarity by reducing the compression force of the actuators, the running depths of the cleaner wheels may be decreased).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Freed in view of Spicer (Pat. No.: 7,540,245).
Regarding claim 7, Freed discloses the row cleaner assembly of claim 6. Although Freed discloses the vertical planar plate is adjustable vertically relative to the first and second row cleaner wheels (See rejection of claim 4), Freed fails to specifically disclose that the vertical planar plate penetrates the soil surface to a surface above a seeding depth.
Like Freed, Spicer discloses a row cleaner assembly comprising cleaner wheels (36, 38) and a diverter plate (66) and configured to lift and divide crop residue forward of the row cleaning wheels to force the crop residue to one or both sides of the diverter plate (See Fig. 3 where the crop residue is forced to outer sides of the first and second row cleaner wheel; further See col. 4, lns. 1-7 where it discloses “the leading edge 70 of the shovel 66 are at ground level so as to engage the trash 16…so as to sweep the trash laterally outwardly with respect to the strip 18 to clear the strip of the crop residue or trash so that the planter may plant seeds in a trash-free strip which will enhance the germination and yield of the crop”).
Unlike Freed, Spicer discloses wherein the diverter plate (66) penetrates the soil surface to a depth above a seeding depth (See Fig. 2 where the plate 66 has penetrated to below the trash 16 to the ground surface 80, also see where ground surface 80 is above the depth at which the seeds 34 are planted). 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 depth of planar plate penetration of Freed, to be above a seeding depth as disclosed by David, as modifying the depth of soil working tools for desired operations is well within the skill of one in the art and “so that the planter may plant seeds in a trash-free strip which will enhance the germination and yield of the crop” (See col. 4, lns. 1-7).
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 03/23/26 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1 and 3-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are generally directed towards cleaning assemblies for planter units: Van Buskirk (Pub. No.: 2014/0053762); Bassett (Pat. No.: 7,541,712); and Rawson (Pat. No.: 5,640,914).
Additional references relevant but not cited here can be found in the attached 892.
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/A.L.L./Examiner, Art Unit 3671
/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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