DETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed 8/26/26 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-9, 11, 13-15 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al. (US 2018/0192577).
Regarding claim 1, Smith et al. discloses a method for on-planter seed treatments, comprising:
providing a planter (10) having a seed drop tube (28), a seed drop tube outlet (bottom of 28 in Figure 8D), a seed (see in Figure 8D), a seed-applied substance receptacle (38), and a seed-applied substance applicator (42) having a discharge path (Figure 8D);
loading a seed-applied substance in the seed-applied substance receptacle (Paragraph 0061 lines 1-5);
introducing the seed-applied substance at the seed-applied substance applicator (Paragraph 0070);
discharging the seed-applied substance from the seed-applied substance applicator into the discharge path positioned at the seed drop tube outlet (Figure 8D) and oriented to intercept the seed as the seed exits the seed drop tube outlet (Figure 8D);
combining the seed from the seed drop tube with the seed-applied substance from the seed- applied substance applicator within the discharge path (Figure 8D), wherein the combining occurs as the seed exits the seed drop tube outlet and prior to the seed contacting the ground (Figure 8D); and
planting the seed having on it the seed-applied substance (Figure 8D).
Regarding claim 2, Smith et al. discloses wherein the planting step occurs immediately after the seed exits the discharge path (Figure 8D).
Regarding claim 3, Smith et al. discloses wherein the seed-applied substance occupies the discharge path at least when the seed is within the discharge path (Figure 8D).
Regarding claim 4, Smith et al. discloses wherein the seed-applied substance applicator is angled generally toward the seed drop tube outlet (Figure 8D, at least to the extent as applicant’s in Figure 5).
Regarding claim 5, Smith et al. discloses wherein the discharge path is conical in shape (Figure 8D, the examiner notes that the discharge path is not constrained by any structure).
Regarding claim 6, Smith et al. discloses wherein the discharge path comprises a fan shaped pattern (Figure 8D, the examiner notes that the discharge path is not constrained by any structure).
Regarding claim 7, Smith et al. discloses wherein the discharging step comprises atomizing the seed-applied substance (Paragraph 0069 line 6).
Regarding claim 8, Smith et al. discloses wherein the discharge path is oriented in the direction of the seed drop tube at the seed drop tube outlet such that the seed passes from the seed drop tube outlet through the discharge path without interruption prior to contacting the ground (Figure 8D).
Regarding claim 9, Smith et al. discloses a microscale application system for on-planter seed treatments, comprising:
a planter (10) having a plurality of row units (16), each row unit having a seed drop tube (28) for planting a seed in a ground region (Paragraph 0059 lines 5-6);
a seed-applied substance receptacle (38) configured to house a seed-applied substance;
a seed-applied substance applicator (42) disposed at the seed drop tube (Figure 8D), the seed-applied substance applicator having a microscale nozzle (Paragraph 0069 lines 1-7) configured to discharge a microscale quantity of the seed-applied substance into a discharge path (Figure 8D), wherein the microscale nozzle is positioned at a seed drop tube outlet of the seed drop tube and the discharge path extends from the seed drop tube outlet such that the seed passes through the discharge path upon exiting the seed drop tube outlet and prior to contacting the ground region (Figure 8D);
a flow path configured between the seed-applied substance receptacle and the seed-applied substance applicator (Figure 8D); and
a controller (54) connected to the seed-applied substance applicator for controlling the discharge of the seed-applied substance into the discharge path.
Regarding claim 11, Smith et al. discloses a controller operated microvalve (50, Paragraphs 0079 and 0085) disposed in the flow path.
Regarding claim 13, Smith et al. discloses wherein the nozzle comprises an atomizing nozzle (Paragraph 0069 lines 1-7) with an air input configured to receive air having a pressure at or less than 1 bar (MPEP 2114).
Regarding claim 14, Smith et al. discloses wherein the seed-applied substance has a viscosity range generally between 1-20 centipoise (MPEP 2115).
Regarding claim 15, Smith et al. discloses a method for on-planter seed treatments, comprising:
providing a planter (10) having a plurality of row units (16), each row unit having a seed drop tube (28) with a seed drop tube outlet (bottom of 28 in Figure 8D) for planting a seed in the a ground region, a seed-applied substance receptacle (38), a seed-applied substance applicator (42) having a seed-applied substance nozzle (42) for discharging the seed-applied substance, a discharge path for the seed-applied substance (Figure 8D), and a controller (54);
singulating the seed (Figure 8D);
selecting the seed-applied substance based on one or more conditions (Paragraph 0135 lines 7-9);
communicating the selected seed-applied substance from the seed-applied substance receptacle to the seed-applied substance nozzle (Figure 8D); and
discharging the seed-applied substance into the discharge path, wherein the discharge path is positioned at the seed drop tube outlet such that the seed passes through the discharge path upon exiting the seed drop tube outlet disposed at the seed drop tube and the seed-applied substance occupies the discharge path at least when the singulated seed is within the discharge path (Figure 8D).
Regarding claim 19, Smith et al. discloses a plurality of row units have opposing soil openers (32) and closers (36); and wherein the seed-applied substance nozzle is protectively disposed between the opposing soil openers and closers (Figure 2B).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2018/0192577) in view of Kowalchuk (US 9,730,377 B2).
Regarding claim 10, Smith et al. discloses all of the limitations but does not disclose a sensor disposed at the seed drop tube, the sensor operably connected to the controller for detecting the seed. However, Kowalchuk discloses a similar device that includes a sensor (93) disposed at the seed drop tube (37, Figure 3), the sensor operably connected to the controller (97) for detecting the seed (column 7 line 64 through column 8 line 7) for the purpose of ensuring the seed applied substance is only sprayed on the seed (column 7 line 66 through column 8 line 7). It would have been obvious for a person of ordinary skill in the art before the time of the applicant’s filing to modify Smith et al. by utilizing a sensor disposed at the seed drop tube, the sensor operably connected to the controller for detecting the seed, as disclosed by Kowalchuk, for the purpose of ensuring the seed applied substance is only sprayed on the seed which would reduce waste of the seed-applied substance.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2018/0192577).
Regarding claim 12, Smith et al. discloses all of the limitations and discloses the nozzle can include different types of spraying and/or applying technologies, including atomizers, jet nozzles, wheel nozzles, rotary spray heads, and the like (Paragraph 0069 lines 5-7) but does not disclose the microscale nozzle comprises an orifice diameter between 0.025 and 0.075 inches. However, it has been held that changes in size is obvious. It would have been obvious for a person of ordinary skill in the art before the time of the applicant’s filing to modify Smith et al. by utilizing microscale nozzle comprises an orifice diameter between 0.025 and 0.075 inches for the purpose of providing droplets of a desired size for improving the performance of the seed once planted.
Claim 16, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2018/0192577) in view of Grimm et al. (US 9,226,442 B2).
Regarding claim 16, Smith et al. discloses all of the limitations including a valve (50) but does not disclose keeping a valve for the seed-applied substance applicator open when seeds that are to receive the seed-applied substance are being planted. However, Grimm et al. discloses a similar device that includes keeping a valve (82) for the seed-applied substance applicator (78) open when seeds that are to receive the seed-applied substance are being planted (column 9 lines 19-32) for the purpose of ensuring a metered amount of seed-applied substance is sprayed onto the seed (column 9 lines 19-32). It would have been obvious for a person of ordinary skill in the art before the time of the applicant’s filing to modify Smith et al. by utilizing keeping a valve for the seed-applied substance applicator open when seeds that are to receive the seed-applied substance are being planted, as disclosed by Grimm et al., for the purpose of ensuring a metered amount of seed-applied substance is sprayed onto the seed.
Regarding claim 17, Smith et al. discloses all of the limitations including a valve (50) but does not disclose opening a valve of the seed-applied substance applicator associated with the selected seed- applied substance, wherein opening the valve is based at least in part on a sensor reading taken by the controller. However, Grimm et al. discloses a similar device that includes opening a valve (82) of the seed-applied substance applicator (78) associated with the selected seed-applied substance, wherein opening the valve is based at least in part on a sensor (104) reading taken by the controller (102, column 9 lines 19-53 and column 10 lines 17-29) for the purpose of ensuring a metered amount of seed-applied substance is sprayed onto the seed (column 9 lines 19-32). It would have been obvious for a person of ordinary skill in the art before the time of the applicant’s filing to modify Smith et al. by utilizing opening a valve of the seed-applied substance applicator associated with the selected seed- applied substance, wherein opening the valve is based at least in part on a sensor reading taken by the controller, as disclosed by Grimm et al., for the purpose of ensuring a metered amount of seed-applied substance is sprayed onto the seed.
Regarding claim 20, Smith et al. discloses all of the limitations including a valve (50) but does not disclose oscillating opening and closing of a valve for the seed-applied substance applicator based on speed of travel of the planter in a field. However, Grimm et al. discloses a similar device that includes oscillating opening and closing of a valve (82, “pulse”) for the seed-applied substance applicator (78) based on speed of travel of the planter in a field (column 9 lines 19-32, column 9 line 54 through column 10 line 37) for the purpose of ensuring a metered amount of seed-applied substance is sprayed onto the seed (column 9 lines 19-32). It would have been obvious for a person of ordinary skill in the art before the time of the applicant’s filing to modify Smith et al. by utilizing oscillating opening and closing of a valve for the seed-applied substance applicator based on speed of travel of the planter in a field, as disclosed by Grimm et al., for the purpose of ensuring a metered amount of seed-applied substance is sprayed onto the seed.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2018/0192577) in view of Wilkerson et al. (US 8,074,585 B2).
Regarding claim 18, Smith et al. discloses all of the limitations and a valve (50) but does not disclose opening a valve of the seed-applied substance applicator based on a time-delay triggered by the controller. However, Wilkerson et al. discloses a similar device that includes opening a valve (210) based on a time-delay (a time delay between the detection of each seed 202 and a projected average time added to the valve to determine when to trigger the valve to meter fluid, Figure 2 and column 6 lines 25-60) triggered by the controller (Figure 2 and column 6 lines 45-50) for the purpose of accurately dispensing liquid for each treatment event. It would have been obvious for a person of ordinary skill in the art before the time of the applicant’s filing to modify Smith et al. by utilizing opening a valve of the seed-applied substance applicator based on a time-delay triggered by the controller, as disclosed by Wilkerson et al., for the purpose of accurately dispensing liquid for each treatment event.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL MCCULLOUGH whose telephone number is (571)272-7805. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Thomas can be reached at 571-272-8004. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL MCCULLOUGH
Supervisory Patent Examiner
Art Unit 3653
/MICHAEL MCCULLOUGH/Supervisory Patent Examiner, Art Unit 3653
