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 .
Claim Objections
Claim 13 is objected to because of the following informalities: in the final line, “carrier” should be changed to –carrier.—. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention:
Claim 11, line 11, sets forth wherein the adjustable carrier moves about an axis “in a first direction”. However, it is unclear how this “first direction” is related to the first direction in which the adjustment knob moves, as already set forth in line 10. Specifically, it is unclear if these two directions are one and the same or two different directions altogether. If they are the same, the instance of “a first direction” in line 11 should be changed to –the first direction—.
Claim 12, in the final line, sets forth wherein the adjustable carrier moves about an axis “in a second direction”. However, it is unclear how this “second direction” is related to the second direction in which the adjustment knob moves, as already set forth in line 12. Specifically, it is unclear if these two directions are one and the same or two different directions altogether. If they are the same, the instance of “a second direction” in the final line should be changed to –the second direction—.
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.
Claim(s) 11-12, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Patwardhan et al. 9,402,340.
Independent Claim 11: Patwardhan discloses an adjustable furrow closing assembly (200) for closing a seed furrow in soil comprising:
a housing (130) that is configured to be coupled to a planting unit (100), the housing including an adjustable carrier (202) rotatably coupled within the housing about an axis (a horizontal, transverse axis);
first and second closing wheels (126, 128) adapted to be coupled to the adjustable carrier, the closing wheels adapted to engage with the soil to close the seed furrow, the closing wheels are oriented at an angle with respect to each other (seen in Fig. 1); and
an adjustment rod (208) that is coupled to the adjustable carrier at a first end (its upper end as seen in Fig. 2) and has an adjustment knob (132) at a second end (its lower end as seen in Fig. 2), the adjustment rod is rotatably coupled to the housing such that rotation of adjustment knob in a first direction (say, clockwise as seen in Fig. 2, see col. 4, lns. 4-19) causes movement of the adjustable carrier about the axis in a first direction to increase the angle of the closing wheels and rotation of the adjustment knob in a second direction (say, counterclockwise as seen in Fig. 2, see col. 4, lns. 4-19) causes movement of the adjustable carrier about the axis in a second direction to decrease the angle of the closing wheels, as per claim 11.
Dependent Claims 12, 15: Patwardhan further discloses wherein the adjustable carrier (202) includes a lower portion (its lower half) and the closing wheels (126, 128) coupled to the lower portion such that the closing wheels are angled with respect to each other (as seen in Fig. 1), as per claim 12;
a lock pin (132, 210) that is configured to lock the adjustment rod (208) in distinct lock positions and to prevent unwanted rotation of the adjustment rod, as per claim 15.
Response to Arguments
See the updated rejection above in response to applicant’s claim amendments.
Allowable Subject Matter
Claims 1-7, 10, 16-19 are allowed.
Claims 13-14 are 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Torres whose telephone number is 571-272-6997. The examiner’s fax number is 571-273-6997. The examiner can normally be reached Monday through Friday from 9:00 a.m. – 5:30 p.m EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca, can be reached at (571) 272-8971.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the group receptionist whose telephone number is 571-272-3600. The fax number for this Group is 571-273-8300.
/Alicia Torres/Primary Examiner, Art Unit 3671 May 21, 2026
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