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 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) 4, 6-7, 10-11, 14-15, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over McQuinn 5,913,915 in view of Guo CN 107711001 A and Ekfaldt et al. EP 0339008 A1.
Independent Claim 4: McQuinn discloses an apparatus (600, 700) for use in establishing or re-establishing plant growth over a land area, the apparatus comprising:
a supply (704) of a growing medium as a slurry comprising seeds (col. 12, lns. 3-9; col. 15, lns. 15-18; col. 17, lns. 27-33); and
an arrangement (600) comprising a delivery outlet (610) for dropping the growing medium, with the seeds embedded therein, at spaced intervals from a desired position and height onto a soil surface of a land area (as seen in Fig. 6);
wherein the soil surface is left in place while the growing medium is dropped (no soil-working tools are shown in the figures or disclosed), as per claim 4.
However, McQuinn fails to disclose a position adjuster for adjusting a height of the delivery outlet from the soil surface; and
wherein the height of the delivery outlet from the soil surface is selected based on one or more of:
plant species, seed type, travel velocity/speed, speed/velocity of a position mechanism, one or more growing medium properties, viscosity of the growing medium, one or more site soil and/or landform properties, ambient air temperature and/or ambient humidity, prevailing or predicted weather conditions;
a position mechanism that controls a lateral motion of the delivery outlet relative to a forward direction of travel of the delivery outlet;
the position mechanism being aligned perpendicular to the forward direction of travel and enabling deposition of the growing medium onto the soil surface within lateral width limits of the position mechanism; and
the position mechanism comprising a slider mechanism comprising a carriage for moving and positioning the delivery outlet, as per claim 4.
Guo discloses a similar apparatus comprising a position adjuster (2) for adjusting a height of the delivery outlet (7) from the soil surface; and
a position mechanism (5, 8, 18-19) that controls a lateral motion of the delivery outlet relative to a forward direction of travel of the delivery outlet (as seen between Figs. 1-2);
the position mechanism being aligned perpendicular to the forward direction of travel and enabling deposition of the seed onto the soil surface within lateral width limits of the position mechanism (as seen in Figs. 1-2); and
the position mechanism comprising a slider mechanism (8, 18-19) comprising a carriage (8) for moving and positioning the delivery outlet, as per claim 4.
Ekfaldt discloses a similar apparatus wherein the height of the delivery outlet (17) from the soil surface is selected based on one or more of:
plant species, seed type, travel velocity/speed, speed/velocity of a position mechanism, one or more growing medium properties, viscosity of the growing medium, one or more site soil and/or landform properties, ambient air temperature and/or ambient humidity, prevailing or predicted weather conditions (as disclosed by Ekfaldt, the height of the delivery outlets is based set so that the slurry floats through the air for as short a time and distance as possible to prevent erroneous spreading, therefore the height is based on at least type or condition of the material being dispensed and wind or weather conditions), as per claim 4.
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 height and lateral motion positioning mechanisms of Guo in order to provide a convenient flexible means to adjust the apparatus to desired conditions.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select the height of the delivery outlets based on at least material type and conditions and weather conditions on the apparatus of McQuinn in order to shorten the amount of time and distance the slurry floats through the air.
Dependent Claims 6-7, 10-11, 14-15, 25: McQuinn further discloses wherein:
the growing medium comprises at least one of:
a proportion of waste material, one or more nutrients (col. 4, ln. 9), elements, beneficial compounds, beneficial microbes, soil microbes, anti-stress agents, inorganic compounds, organic compounds, and soil microbiota (see col. 4, lns. 1-9);
wherein the waste material comprises a proportion of a mineral waste from commercial or industrial processes; and
the mineral waste comprises material from one or more of ore/mineral crushing, milling, and screening, as per claim 6;
a delivery device for delivering the growing medium to the delivery outlet (100) via a conduit;
wherein the delivery device comprises one or more of, or a combination of any two or more of: a pump (62), a hopper (503, col. 13, lns. 50-53) comprising a respective outlet, a gravity feed arrangement, an auger (col. 13, lns. 62-66), a conveyor (col. 13, lns. 62-66), a vibration screen, or a chute, as per claim 7;
wherein the apparatus (600, 700) is configured to be mounted to a vehicle (seen in Fig. 7), is self-propelled, or is configured to be provided on or as a trailer for towing, as per claim 14;
wherein at least one of: a slurry pump (62), a water pump, a mixer, and/or an agitator is powered by an on-board or external power supply, the external power supply coming from a power take off (PTO) or electric drive or hydraulic fluid flow or powered off driven/trailing wheel/track (col. 17, lns. 27-33), as per claim 15;
wherein the growing medium forms a pat on contact or after contact with the soil surface (this is in the nature of a “slurry”, see col. 15, lns. 15-18), as per claim 25.
Guo further discloses a second delivery outlet (7, there are three total shown in Fig. 1), wherein:
the delivery outlet (7) and the second delivery outlet (another of 7) are spaced with respect to one another (as seen in Fig. 1),
a direction of the delivery outlet and the second delivery outlet for dispensing the growing medium is controllable (via 5, 8, 18, 19);
the delivery outlet and the second delivery outlet are coaxial or axially offset with respect to one another (they are axially offset in the lateral direction); and
the delivery outlet is arranged to move relative to the second delivery outlet (each delivery outlet has its own position adjustment mechanism 5, 8, 18-19), or the delivery outlet and the second delivery outlet are arranged to move in concert with one another, as per claim 10.
However, the combination fails to disclose wherein a position of the delivery outlet is optimized via position/location sensing algorithms, as per claim 11
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide algorithmic sensing for optimizing the position/location of McQuinn, Guo and Ekfaldt’s delivery outlet since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. See MPEP §2144.04 III.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over McQuinn in view of Guo and Ekfaldt et al. as applied to claim 4 above, and further in view of Engelke et al. 6,431,096.
Dependent Claim 5: The apparatus is disclosed as applied above. However, the combination fails to disclose wherein the apparatus further comprises a mixer and/or an agitator for creating the slurry and/or maintaining the growing medium as the slurry in a reservoir, as per claim 5.
Engelke discloses a similar apparatus comprising a mixer and/or an agitator (13) for creating the slurry and/or maintaining the growing medium as the slurry in a reservoir (12), as per claim 5.
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 agitator of Engelke in the reservoir of McQuinn, Guo and Ekfaldt in order to ensure substantially uniform distribution.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over McQuinn in view of Guo and Ekfaldt et al. as applied to claim 4 above, and further in view of Hodge et al. 4,300,461.
Dependent Claims 12-13: The apparatus is disclosed as applied above. However, the combination fails to disclose a metering arrangement for metering delivery/deposition rate and/or volume of the growing medium; and
a water supply to provide water to adjust consistency of the growing medium, as per claim 12;
wherein:
the deposition rate is achieved via a variable pump speed controlled by a stepper or servo motor; and
the metering arrangement comprises a metering device for metering density of the seeds within the growing medium or independently deposited on the soil surface, as per claim 13.
Hodge discloses a similar apparatus comprising a metering arrangement (42, 44) for metering delivery/deposition rate and/or volume of the growing medium (col. 2, lns. 44-49); and
a water supply (18) to provide water to adjust consistency of the growing medium (col. 1, lns. 36-38), as per claim 12;
wherein:
the deposition rate is achieved via a variable pump speed controlled by a stepper or servo motor (col. 2, lns. 47-49); and
the metering arrangement comprises a metering device (42, 44) for metering density of the seeds within the growing medium or independently deposited on the soil surface, 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 metering arrangement and water supply of Hodge on the apparatus of McQuinn, Guo and Ekfaldt et al. in order to make adjustements to the slurry mixture of water, fertilizer and seed according to operating and environmental conditions.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over McQuinn in view of Guo and Ekfaldt et al. as applied to claim 4 above, and further in view of Roque 3,985,167.
Dependent Claim 9: The apparatus is disclosed as applied above. However, the combination fails to disclose a pivot or rotation device allowing rotational motion of the delivery outlet and/or a conduit in fluid communication with the delivery outlet;
wherein the pivot or rotation device enables decoupling of axial twist of a hose in fluid communication relative to the delivery outlet; and
wherein motion of the position mechanism is provided by an electric motor or a hydraulic motor or driven by driving/trailing wheels of a vehicle conveying at least part of the apparatus, as per claim 9.
Roque discloses a similar apparatus comprising a pivot or rotation device (20) allowing rotational motion of the delivery outlet and/or a conduit (10’, 12’) in fluid communication with the delivery outlet;
wherein the pivot or rotation device enables decoupling of axial twist of a hose in fluid communication relative to the delivery outlet, as per claim 9.
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 rotation device of Roque on the apparatus of McQuinn, Guo and Ekfaldt in order to prevent any kinks, twists or snarls in the conduits.
Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide motorized adjustability of the position mechanism since it has been held that the provision of adjustability, where needed, involves only routine skill in the art.
Response to Arguments
Please see the updated art rejections above in response to applicant’s claim amendments.
Conclusion
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 June 22, 2026
Prosecution Insights