DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 17916123 filed on 09/11/2025.
Claim 1 – 13 are amended
Claims 14 – 15 are withdrawn
Claim 10 is allowable
Claims 1 – 9, 11 - 15 are currently pending and have been examined.
Election/Restrictions
Claims 14 and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected claims 1 – 13, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/11/2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/30/2022 has been fully considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
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.
Claim(s) 1 – 3, 16 – 18 are rejected under 35 U.S.C. 103 as being anticipated by US patent 4397358 – Handy et al. hereinafter as HANDY in view of CA 2781234 –WENDTE et al. hereinafter as WENDTE
Regarding Claim 1:
HANDY discloses:
1. A rod weeder having quick-change rod functionality comprising:
a. a mounting structure adapted for being mounted to a tractor or larger farm implement; ( Figure 1 wherein the rear elevation view cultivator assembly connect to a farm tractor)
b. a support frame pivotally movable mounted to the mounting structure at a first end thereof, (10 is the tractor, 12 is the cultivator assembly that reads on the support frame)
c. a connecting structure mounted to a second end of the support frame; and (connecting structure support end frame 30)
d. a support beam mounted to the connecting structure;(figure 5 support beach to the connecting structure 32)
e. a plurality of rod shanks extending downwardly from the support beam; (rod shanks, figure 5 rod 22)
HANDY discloses a rod shank with rod shoes
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HANDY discloses of a rod shank and shoes and discloses of a connector for 50, doesn’t explicitly disclose :
a releaseable quick-change rod assembly mounted to the rod shanks, said releasable quick-change rod assembly comprising rod shoes
corresponding to each rod shank permitting for the releasable attachment of each rod shoe to a corresponding rod shank,
wherein the releasable quick-change rod assembly can be mounted to or removed from the rod shanks absent use of tools.
WENDTE discloses:
a releaseable quick-change rod assembly mounted to the rod shanks(fig. 11 – 112 locking PIN), said releasable quick-change rod assembly comprising rod shoes (fig. 11 – rod shoes – see diagram) corresponding to each rod shank permitting for the releasable attachment of each rod shoe to a corresponding rod shank, (Fig. 11 - Locking pin 112 )
wherein the releasable quick-change rod assembly can be mounted to or removed from the rod shanks absent use of tools. (Fig. 11 - Locking pin 112 )
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It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the rod weeder with rod shank and rod shoes to utilize a releaseable quick-change rod assembly mounted to the rod shanks, said releasable quick-change rod assembly comprising rod shoes corresponding to each rod shank permitting for the releasable attachment of each rod shoe to a corresponding rod shank, wherein the releasable quick-change rod assembly can be mounted to or removed from the rod shanks absent use of tools as taught by WENDT.
Regarding Claim 2:
HANDY / WENDTE discloses claim 1:
HANDY discloses:
2. The rod weeder of Claim 1 further comprising a hydraulic cylinder for moving the rod weeder between a raised position and an operating position and for providing down- pressure during operation. (Fig.2 folding operation hydraulic operation and down pressure during operations )
Regarding Claim 3:
HANDY / WENDTE discloses claim 1:
HANDY discloses:
3. The rod weeder of Claim 1 wherein the drive means comprises a rotary power source and a rotational translation element rotationally engaging the power source and the rod. (Fig. 5 wherein the output shaft 58 Wherein the chain drives the power through rotary power)
Regarding Claim 4:
HANDY / WENDTE discloses claim 3:
HANDY discloses:
4. The rod weeder of Claim 3 wherein the rotational translation element comprises a chain, a V-belt or a toothed belt. (fig. 5 chain 56)
Regarding Claim 6:
HANDY / WENDTE discloses claim 4:
HANDY discloses:
6. The rod weeder of Claim 4 wherein the drive means is adapted to enable installation and removal of the rotational translation element without breaking the same. (Fig. 5 in combination with locking pin for removal)
Regarding Claim 7:
HANDY / WENDTE discloses claim 6:
WENDTE discloses the combination as taught above.
7. The rod weeder of Claim 6 wherein the rod shoes and a bottom portion of the rod shanks are adapted for securing each of the rod shoes to the respective rod shank via a removable securing pin. (Fig. 11 - Locking pin 112 shank and shoes)
Regarding Claim 8:
HANDY / WENDTE discloses claim 7:
HANDY discloses:
8. The rod weeder of Claim 7 wherein each rod shoe comprises two securing elements and each bottom portion of the rod shanks comprises two respective interacting elements such that the rod shoe is secured to the rod shank in a three-point manner (Fig. 5 42, 44, 48)
WENDTE discloses:
in concert with the securing pin.( fig. 11 – 112 locking pin)
Regarding Claim 9:
HANDY / WENDTE discloses claim 4:
HANDY discloses:
9. The rod weeder of Claim 4 wherein the drive means comprises a spring loaded or mechanical toggle lock wheel movable between an operating position and a replacement position for tensioning the rotational translation element, wherein moving the spring loaded or mechanical toggle lock wheel into the replacement position will enable the removal and replacement of the rotational translation element. ( fig. 5 mechanical toggle lock wheel 64 movable between an operating and replacement position and fig. 6 worm gear used to move idler wheel forward and backwards to remove chain 62)
Regarding Claim 13:
HANDY / WENDTE discloses claim 1:
HANDY discloses:
13. The rod weeder of Claim 1 comprising a down-pressure adjusting mechanism having the hydraulic cylinder mounted thereto for enabling selection of different down-pressures exerted onto the rod. ( Col 2 line The lower portion of the front side 28 of the drive housing 26 includes a pair of laterally spaced forwardly projecting mounting lugs 42 between which the rear end of a short link 44 is pivotally mounted as at 46. The shovel sweep 24 includes a pair of rearwardly projecting mounting lugs 48 between which the forward end of the link 44 is pivotally mounted as at 50. The opposing forward and rear edges of the mounting lugs 42 and 48 are spaced slightly apart and are abuttingly engageable with each other upon upward and downward swinging of the drive housing 26 relative to the shovel sweep 24 in order to limit upward and downward movement of the housing 26 relative to the spring shank or tine 22.)
Claim(s) 5, 9 and 11 are rejected under 35 U.S.C. 103 as being anticipated by US patent 4397358 – Handy et al. hereinafter as HANDY in view of CA 2781234 –WENDTE et al. hereinafter as WENDTE in further view of US Patent 2528270 – Fundingsland et al. hereinafter as FUNDINGSLAND
Regarding Claim 5:
HANDY / WENDTE discloses claim 4:
HANDY discloses of a rod weeder with a rod shank and supported the support beam , HANDY does not explicitly discloses:
wherein the rotational translation element comprises a part of the quick-change rod assembly.
FUNDINGSLAND discloses:
wherein the rotational translation element comprises a part of the quick-change rod assembly. (fig. 1 ref 55)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for HANDY’s rod weeder a rod weeder with a rod shank and supported the support beam to utilize wherein the rotational translation element comprises a part of the quick-change rod assembly as taught by FUNDINGSLAND. Examiner notes that this would allow HANDY to provide effectively stable weeding.
Regarding Claim 11:
HANDY / WENDTE discloses claim 1:
HANDY discloses of a rod weeder with a rod shank and supported the support beam, HANDY does not discloses:
further comprising a plurality of gauge wheels for the purpose of establishing or maintaining the position of the rod around during operation of the rod weeder, wherein the gauge wheels are each mounted to a wheel shank extending downwardly from a first and second end portion of the support beam such that the gauge wheels are placed ahead of the rod in the forward moving direction.
FUNDINGSLAND discloses
further comprising a plurality of gauge wheels for the purpose of establishing or maintaining the position of the rod around during operation of the rod weeder, wherein the gauge wheels are each mounted to a wheel shank extending downwardly from a first and second end portion of the support beam such that the gauge wheels are placed ahead of the rod in the forward moving direction. (col 3 line 4 – 11 – position of wheels 22, 23 and support beam 32 and fig. 3 – wheel shank next to hub of wheel)
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It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for HANDY’s rod weeder a rod weeder with a rod shank and supported the support beam to utilize a plurality of gauge wheels for the purpose of establishing or maintaining the position of the rod around during operation of the rod weeder, wherein the gauge wheels are each mounted to a wheel shank extending downwardly from a first and second end portion of the support beam such that the gauge wheels are placed ahead of the rod in the forward moving direction as taught by FUNDINGSLAND. Examiner notes that this would allow HANDY for effectively stable weeding.
Claim(s) 12 are rejected under 35 U.S.C. 103 as being anticipated by US patent 4397358 – Handy et al. hereinafter as HANDY in view of CA 2781234 –WENDTE et al. hereinafter as WENDTE in further view of US Patent 2528270 – Fundingsland et al. hereinafter as FUNDINGSLAND in further view of US PG Pubs 20180110180 – Sheppard et al. hereinafter as SHEPPARD
Regarding Claim 12:
HANDY / WENDTE discloses claim 11:
HANDY / WENDTE discloses of a rod weeder, does not discloses:
comprising disc openers placed in proximity to the gauge wheels such that a front end thereof is placed ahead of the gauge wheels in the forward moving direction.
SHEPPARD discloses :
disc openers placed in proximity to the gauge wheels such that a front end thereof is placed ahead of the gauge wheels in the forward moving direction.
It would be obvious to one of ordinary skill in the art before the effective filling date of HANDY / WENDTE / FUNDINGSLAND discloses of a rod weeder with gauge wheel to utilize disc openers placed in proximity to the gauge wheels such that a front end thereof is placed ahead of the gauge wheels in the forward moving direction as disclosed by SHEPPARD. This would help HANDY with improved ground engaging performance with the soil. (SHEPPARD - Para. 0049 – for an improved )performance.
Allowable Subject Matter
Claim 10 is allowable
While ROD WEEDERS are known ( HANDY / WENDTE / FUNDINGSLAND / SHEPPARD) such references do not disclose the specifics regarding the detail of the drive means comprises a holding element for holding the spring loaded wheel in the replacement position. Such a modification would require too significant of a redesign and would constitute an improper degree of hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
20030141086 – Kovach – Soil surface tillage point in combination of primary tillage shank
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/A.H.T/Examiner, Art Unit 3671
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676