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 .
Specification
The abstract of the disclosure is objected to because it exceeds the upper limit of 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Objections
Claim 10 is objected to because of the following informalities: line 1, “axles shafts” should be changed to –axle shafts—. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: line 1, “axles shafts” should be changed to –axle shafts—. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: line 1, “axles shafts” should be changed to –axle shafts—. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: line 3, “of adjustment” should be changed to –of the adjustment—. Appropriate correction is required.
Claim 19 is objected to because of the following informalities: line 8, “configured to be move from” is awkward and unclear. 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 1-10 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 1, line 7, sets forth “a gate member… including a plurality of slots”. Claim 1, in lines 10, goes on to set forth “slots formed in the gate”. It is unclear if these two sets of slots are meant to be one and the same slots or if they are two different sets of slots altogether.
Claim 3, in line 2, sets forth “adjustable carrier”. However, it is unclear how this adjustable carrier is related to the carrier already set forth in claim 1, lines 2-3. Specifically, it is unclear if these are two different carriers altogether or one and the same carrier.
Claim 7 recites the limitation "the lower portion" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson discloses 9,585,302.
Independent Claim 11: Anderson discloses an adjustable furrow closing assembly for closing a seed furrow in soil comprising:
a housing (50) that is configured to be coupled to a planting unit (16), the housing including an adjustable carrier (56);
first and second closing wheels (26, 26) 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 (see Fig. 4); and
an adjustment rod (104) that is coupled to the adjustable carrier such that rotation of adjustment rod in a first direction causes movement of the adjustable carrier in a first direction to increase the angle of the closing wheels and rotation of the adjustment rod in a second direction causes movement of the adjustable carrier in a second direction to decrease the angle of the closing wheels (col. 6, lns. 17-60), as per claim 11.
Dependent Claim 12: Anderson further discloses wherein the adjustable carrier (56) includes a lower portion (the rear portion of 56 as seen in Fig. 2) and the closing wheels (26, 26) coupled to the lower portion such that the closing wheels are angled with respect to each other (see Fig. 4), as per claim 12.
Claim(s) 11, 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 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, 204, 206);
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 (see Fig. 4); and
an adjustment rod (132) that is coupled to the adjustable carrier such that rotation of adjustment rod in a first direction (clockwise or counterclockwise depending on which holes 302, 304 are used, as seen in Fig. 2) causes movement of the adjustable carrier in a first direction to increase the angle of the closing wheels and rotation of the adjustment rod in a second direction (counterclockwise or clockwise in Fig. 2) causes movement of the adjustable carrier in a second direction to decrease the angle of the closing wheels (col. 4, lns. 12-19), as per claim 11.
Dependent Claim 15: Patwardhan further discloses a lock pin (210, see col. 3, lns. 42-45) that is configured to lock the adjustment rod (132) in distinct lock positions and to prevent unwanted rotation of adjustment rod, as per claim 15.
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(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaffert et al. 10,798,870 in view of Westerfield 4,374,500.
Independent Claim 1: Schaffert discloses an adjustable furrow closing assembly (300) for closing a seed furrow in soil comprising:
a housing (322) that is configured to be coupled to a planting unit (100), the housing including a carrier (310);
first and second closing wheels (360, 360) configured to be coupled to the carrier, the closing wheels adapted to engage with the soil to close the seed furrow;
a downforce control lever (342) that extends into the housing and is coupled to the carrier;
the housing including a plurality of slots (351), the control lever configured to be moved from one slot to a next slot to either increase or decrease downforce that is applied to the closing wheels, as per claim 1.
However, Schaffert fails to disclose a gate member coupled to the housing and including a plurality of slots, the control lever configured to be moved from one slot to a next slot of the gate to either increase or decrease downforce that is applied to the closing wheels; and
slots formed in the gate to allow the gate position to be adjusted with respect to the housing to permit calibration of downforce on the closing wheels, as per claim 1.
Westerfield discloses a similar adjustment assembly comprising a gate member (54) coupled to the housing (11) and including a plurality of slots (66), the control lever (61) configured to be moved from one slot to a next slot of the gate; and
slots (68, 69) formed in the gate to allow the gate position to be adjusted with respect to the housing to permit calibration of the gate settings, as per claim 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the calibration gate of Westerfield on the housing of Schaffert in order to selectively correct the gate settings across the many planting units of a tool bar.
Dependent Claims 2-7: Schaffert further discloses wherein the downforce control lever (342) includes a handle (the hand loop of 342 seen in the figures), as per claim 2;
wherein the downforce control lever (342) is pivotally coupled to adjustable carrier (310), as per claim 3;
wherein control lever slots (351) in the housing (322) are generally L-shaped (see Fig. 4), as per claim 4;
wherein the downforce control lever (342) is configured to include a downforce spring (340) that applies a downforce on the closing wheels (360, 360), as per claim 5;
wherein the carrier (310) is adjustable (col. 10, lns. 62-65), as per claim 6;
wherein the closing wheels (360, 360) are coupled to the lower portion such that the closing wheels are angled with respect to each other (seen in Fig. 3), as per claim 7.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaffert et al. in view of Westerfield as applied to claim 7 above, and further in view of Patwardhan et al.
Dependent Claim 8: The assembly is disclosed as applied above. However, the combination fails to disclose an adjustment rod that is coupled to the adjustable carrier wherein rotation of adjustment rod in a first direction causes movement of the adjustable carrier in a first direction to increase the angle of the closing wheels and rotation of the adjustment rod in a second direction causes movement of the adjustable carrier in a second direction to decrease the angle of the closing wheels, as per claim 8.
Patwardhan discloses a similar closing wheel assembly comprising an adjustment rod (132) that is coupled to the adjustable carrier (202, 204, 206) wherein rotation of adjustment rod in a first direction (say clockwise or counterclockwise, as seen in Fig. 2) causes movement of the adjustable carrier in a first direction to increase the angle of the closing wheels (126, 128) and rotation of the adjustment rod in a second direction (counterclockwise or clockwise as seen in Fig. 2) causes movement of the adjustable carrier in a second direction to decrease the angle of the closing wheels, as per claim 8.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the adjustment rod of Patwardhan on the closing wheel assembly of Schaffert and Westerfield in order to adjust wheel camber to more or less aggressively close a furrow depending on different soil types and field conditions.
Claim(s) 16, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaffert et al. in view of Westerfield and Patwardhan et al.
Independent Claim 16: Schaffert discloses an adjustable furrow closing assembly (300) for closing a seed furrow in soil comprising:
a housing (322) that is configured to be coupled to a planting unit (100), the housing including an adjustable carrier (310);
first and second closing wheels (360, 360) configured to be coupled to the adjustable carrier, the closing wheels adapted to engage with the soil to close the seed furrow;
a downforce control lever (342) that extends into the housing and is coupled to the adjustable carrier;
the housing including a plurality of slots (351), the downforce control lever configured to be moved from one slot to a next slot to either increase or decrease downforce that is applied to the closing wheels, as per claim 16.
However, Schaffert fails to disclose a gate member coupled to the housing and including a plurality of slots, the downforce control lever configured to be moved from one slot to a next slot of the gate to either increase or decrease downforce that is applied to the closing wheels;
slots formed in the gate to allow the gate position to be adjusted with respect to the housing to calibrate downforce on the closing wheels; and
an adjustment rod that is coupled to the adjustable carrier such that rotation of adjustment rod in a first direction causes movement of the adjustable carrier in a first direction to increase the angle of the closing wheels and rotation of the adjustment rod in a second direction causes movement of the adjustable carrier in a second direction to decrease the angle of the closing wheels, as per claim 16.
Westerfield discloses a similar adjustment assembly comprising a gate member (54) coupled to the housing (11) and including a plurality of slots (66), the downforce control lever (61) configured to be moved from one slot to a next slot of the gate;
Slots (68, 69) formed in the gate to allow the gate position to be adjusted with respect to the housing to calibrate the gate settings, as per claim 16.
Patwardhan discloses a similar closing wheel assembly comprising an adjustment rod (132) that is coupled to the adjustable carrier (202, 204, 206) such that rotation of adjustment rod in a first direction (say clockwise or counterclockwise, as seen in Fig. 2) causes movement of the adjustable carrier in a first direction to increase the angle of the closing wheels (126, 128) and rotation of the adjustment rod in a second direction (counterclockwise or clockwise, as seen in Fig. 2) causes movement of the adjustable carrier in a second direction to decrease the angle of the closing wheels, as per claim 16.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the calibration gate of Westerfield on the housing of Schaffert in order to selectively correct the gate settings across the many planting units of a tool bar.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the adjustment rod of Patwardhan on the closing wheel assembly of Schaffert in order to adjust wheel camber to more or less aggressively close a furrow depending on different soil types and field conditions.
Independent Claim 19: Schaffert discloses an adjustable furrow closing assembly for closing a seed furrow in soil comprising:
a housing (22) that is configured to be coupled to a planting unit (100), the housing including a carrier (310);
first and second closing wheels (360, 360) configured to be coupled to the carrier, the closing wheels adapted to engage with the soil to close the seed furrow;
a downforce control lever (342) that extends into the housing and is coupled to the carrier;
the housing including a plurality of slots (351), the downforce control lever configured to move from one slot to a next slot of the gate to either increase or decrease downforce that is applied to the closing wheels, as per claim 19.
However, Schaffert fails to disclose a gate member coupled to the housing and including a plurality of slots, the downforce control lever configured to be move from one slot to a next slot of the gate to either increase or decrease downforce that is applied to the closing wheels;
slots formed in the gate to allow the gate position to be adjusted with respect to the housing to calibrate row-to-row downforce pressure on the closing wheels to match downforce between adjacent adjustable furrow closing assemblies;
an adjustment rod that is coupled to the adjustable carrier such that rotation of adjustment rod in a first direction causes movement of the adjustable carrier in a first direction to increase the angle of the closing wheels and rotation of the adjustment rod in a second direction causes movement of the adjustable carrier in a second direction to decrease the angle of the closing wheels; and
a lock pin that is configured to lock adjustment rod in distinct lock positions and to prevent unwanted rotation of adjustment rod, as per claim 19.
Westerfield discloses a similar adjustment assembly comprising a gate member (54) coupled to the housing (11) and including a plurality of slots (66), the downforce control lever (61) configured to be move from one slot to a next slot of the gate;
slots (68, 69) formed in the gate to allow the gate position to be adjusted with respect to the housing to calibrate row-to-row gate settings, as per claim 19.
Patwardhan discloses a similar closing wheel assembly comprising an adjustment rod (132) that is coupled to the adjustable carrier (202, 204, 206) such that rotation of adjustment rod in a first direction (say clockwise or counterclockwise, as seen in Fig. 2) causes movement of the adjustable carrier in a first direction to increase the angle of the closing wheels (126, 128) and rotation of the adjustment rod in a second direction (counterclockwise or clockwise, in Fig. 2) causes movement of the adjustable carrier in a second direction to decrease the angle of the closing wheels; and
a lock pin (210, see col. 3, lns. 42-45) that is configured to lock adjustment rod in distinct lock positions and to prevent unwanted rotation of adjustment rod, as per claim 19.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the calibration gate of Westerfield on the housing of Schaffert in order to selectively correct the gate settings across the many planting units of a tool bar.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the adjustment rod of Patwardhan on the closing wheel assembly of Schaffert in order to adjust wheel camber to more or less aggressively close a furrow depending on different soil types and field conditions.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaffert et al. in view of Westerfield as applied to claim 7 above, and further in view of Arnett et al. 8,333,161.
Dependent Claim 10: The assembly is disclosed as applied above. However, the combination fails to disclose axles shafts that secure the closing wheels to the adjustable carrier wherein the axle shafts are threaded into apertures formed in the lower portion of the adjustable carrier, as per claim 10.
Arnett discloses a similar closing wheel assembly comprising axles shafts (58) that secure the closing wheels (40, 42) to the adjustable carrier (34) wherein the axle shafts are threaded into apertures (56) formed in the lower portion of the adjustable carrier, as per claim 10.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the threaded axle shafts of Arnett for securing the closing wheels of Schaffert and Westerfield to the carrier since such an attachment means is old and known in the art.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson in view of Arnett et al.
Dependent Claim 13: The closing assembly is disclosed as applied above. However, Anderson fails to disclose axles shafts that are used to secure the closing wheels to the adjustable carrier wherein the axle shafts are threaded into apertures formed in the lower portion of the adjustable carrier, as per claim 13.
Arnett discloses a similar closing wheel assembly comprising axles shafts (58) that are used to secure the closing wheels (40, 42) to the adjustable carrier (34) wherein the axle shafts are threaded into apertures (56) formed in the lower portion of the adjustable carrier, as per claim 13.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the threaded axle shafts of Arnett for securing the closing wheels of Anderson to the carrier since such an attachment means is old and known in the art.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaffert et al. in view of Westerfield and Patwardhan et al. as applied to claim 16 above, and further in view of Arnett et al.
Dependent Claim 17: The assembly is disclosed as applied above. However, the combination fails to disclose axles shafts that are used to secure the closing wheels to the adjustable carrier wherein the axle shafts are threaded into apertures formed in the lower portion of the adjustable carrier, as per claim 17.
Arnett discloses a similar closing wheel assembly comprising axles shafts (58) that are used to secure the closing wheels (40, 42) to the adjustable carrier (34) wherein the axle shafts are threaded into apertures (56) formed in the lower portion of the adjustable carrier, as per claim 17.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the threaded axle shafts of Arnett for securing the closing wheels of Schaffert, Westerfield and Patwardhan to the carrier since such an attachment means is old and known in the art.
Allowable Subject Matter
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 14 and 18 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892. Hartwig EP 140263 A discloses a similar, basic closing wheel assembly to that of the invention from 1985.
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 October 21, 2025
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