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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 13, 2025 has been entered.
Response to Amendment
The submission entered November 13, 2025 in response to an Office Action mailed September 26, 2025 is acknowledged.
Claims 1-4, 6-13, 20-27 are pending. Claim(s) 5, 14-19 is/are cancelled. Claim(s) 1, 10 is/are currently amended. Claim(s) 21-27 is/are newly presented.
Response to Arguments
A new ground of rejection is made in view of art to Girardelli, which discloses a return path along a shared chute between a plurality of product containers and a plurality of tanks.
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.
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.
Claim(s) 21, 22, 24-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wendte et al. (US Pub 20160302353A1) in view of Schoeny et al. (US 2019/0053421A1) and Girardelli (USPN 4787783).
Regarding Claim(s) 21, Wendte et al. teaches a system, comprising: an air cart (storage system 19) having an air source (fan F) configured to generate an air flow and a plurality of product containers (compartments 23A-D, Figure 3); an implement (on-row storage system 27) having a plurality of tanks (compartments 31A-D, Figure 3) and a plurality of valves (53, 55) respectively associated with the plurality of tanks; and a shared chute (feeding line 43, 45) extending between the air cart and the implement through which respective packets of product from the plurality of product containers of the air cart are conveyed via the air source to respective tanks of the plurality of tanks of the implement. Wendte et al. fails to teach the shared chute includes a return path to return errant packets that flow past the plurality of tanks of the implement to the plurality of product containers of the air cart. Schoeny et al. (US 2019/0053421A1) teaches an air cart and teaches a return path (purge hose141) [Para. 50, 51] that returns product back to containers (compartments 23). The return path is used to return seed to the seed compartments when switching seed in the seed meter (5). Girardelli (USPN 4787783) teaches a system having a plurality of product containers (silos 1-3), a plurality of tanks (stations 4,5) and a plurality of valves (drawing and discharge device10) and a shared chute (pneumatic line 6), the shared chute including a return path (recycling section 16) to return product to the plurality of product containers to clear residue from the pneumatic line. It is noted that the language “to return errant packets that flow past the plurality of tanks of the implement to the plurality of product containers of the air cart” is considered a recitation of the intended use of the return path and does not structurally limit the system. Both Schoeny et al. and Girardelli disclose clearing product from a shared chute by a return path to a plurality of containers. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide a return path as taught by Schoeny et al. and Girardelli in order to clear product from chute.
Regarding Claim(s) 22, Wendte et al. teaches the limitations described above, yet fails to teach an additional air source positioned on the return path to raise packet velocity. Schoeny et al. teaches an additional air source [Para 50, conveyor 225 having compressed air from an air compressor to pneumatically remove seed from the meter and push seed toward compartments 23]. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide an additional air source to push product to the containers.
Regarding Claim(s) 24, the air cart further includes a plurality of feeders (fluted rollers 39) respectively associated with the plurality of product containers.
Regarding Claim(s) 25, each feeder of the plurality of feeders is configured to deposit product from an associated product container to the chute for conveyance to the implement. As seen in Figure 3 of Wendt, the rollers (39) are arranged between the compartments (23) and the feeding line (43). Therefore, the rollers would be configured to deposit product from an associated product container to the chute for conveyance to the implement.
Regarding Claim(s) 26, Wendte et al. teaches a controller (control system 87) configured to operate at least one of the plurality of valves or the plurality of feeders to distribute product from the plurality of product containers to the plurality of tanks via the shared chute based on a timing [Para. 47, “control system 87 interrogates the seeds level sensors 89 in compartment 31A…If it is empty or below a certain level, the control system 87 sends a signal…rotates the roller 39”; “roller 39…is calibrated to meter out only the exact quantity of seed that is required”; “(a)fter the seed 17 is delivered…and the seed level sensor 89 for compartment 31a of row 1 has confirmed that the proper amount of seed 17 has been delivered, the seeds level sensor 89 for the compartment holding seed type 17a on row 2 is interrogated. Optionally, a time delay could be put in place”].
Regarding Claim(s) 27, each valve of the plurality of valves is configured to open to capture product, conveyed from a product container of the plurality of product container, and store the product in an associated tank [Para. 39, “gates 53 that are independently moved…to direct seed 17 into one(s) of the seed conduit(s)…gates 55 that are independently moved…to direct seed 17 into one(s) of the compartments”].
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wendte et al. in view of Schoeny et al. and Girardelli as applied to claim 21 above, and further in view of Morimoto et al. (USPN 4856941).
Regarding Claim(s) 23, Wendte et al. teaches the limitations described above, yet fails to teach a flow sensor positioned along the chute after the plurality of tanks, wherein the flow sensor is configured to detect the errant product flow. Morimoto et al. (USPN 4856941) teaches a chute (pipe portion 42) having a flow sensor (8) for detecting the passage of a transport plug [Col. 3:60-65], the plug being transported after a packet of material is transported, and when the plug passes the sensor, a controller (7) drives a gas supply means (2) to supply air to a container (1) to transport the next packet of material. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide a flow sensor in the chute in order to detect the passage of product and to provide a signal that the chute is ready for more product.
Allowable Subject Matter
Claims 1-4, 6-13 are allowed.
Please see the Office Action of September 26, 2025 for a statement of the reasons for allowance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM RAY HARP whose telephone number is (571)270-5386. The examiner can normally be reached Monday-Friday, 8am-5pm.
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, MICHAEL MCCULLOUGH can be reached at (571) 272-7805. 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.
/WILLIAM R HARP/Primary Examiner, Art Unit 3653
Prosecution Insights