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 10 is objected to because of the following informalities: line 1, “where in” should be deleted. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: line 1, it appears “fall” should be changed to –falls—. Appropriate correction is required.
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) 1, 3-10, 13-14, 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Salte et al. CZ 203397 A3.
Independent Claims 1, 6, 14: Salte discloses an agricultural row unit used by the method for planting seed of claim 14, the row unit comprising:
(a) a coulter (14); and
(b) a furrow opening and seed placement device (13) comprising:
(i) a substantially planar blade (18, seen in Fig. 2) configured to be drawn through the soil at a desired planting depth to create a soil funnel (see the squared-off text in page 6 of the attached Salte document);
(ii) an opening (through which tube 20 extends) within the substantially planar blade shaped to allow passage of seed from a seed delivery device (20) to soil below a bottom surface of the substantially planar blade; and
(iii) a vertical element (17) connecting the substantially planar blade to the agricultural row unit (10), the vertical element shaped to direct soil flow about the furrow opening and seed placement device (see the annotated text in page 6 of the attached Salte document),
wherein seed is placed in the furrow at the same time the furrow is formed (13 forms the furrow and deposits seed via 20 simultaneously), as per claims 1, 6, 14.
Dependent Claims 3-5, 7-10, 13, 16-20: Salte further discloses a coulter (14) disposed on a row unit (10) in front of the furrow opening and seed placement device (13), as per claim 3;
a seed delivery device (20) disposed above the opening within the substantially planar blade (18), as per claim 4;
wherein the seed delivery device (20) is a conventional delivery tube or an air drive delivery device (20 is a conventional tube and delivers seed pneumatically), as per claims 5 and 13;
wherein planting depth is an operating depth of the substantially planar blade (seed is deposited via 20 at the depth created by planar blade 18), as per claim 7;
wherein the coulter (14) operates at a depth below the planting depth (created by 18, this arrangement is shown in the position of Fig. 1(a)), as per claim 8;
wherein the coulter (14) is arranged on the agricultural row unit (10) to cut the soil just in front of the furrow opening and seed placement device (13), as per claim 9;
wherein where in the furrow opening and seed placement device (13) creates a funnel like soil flow (as described by Salte in page 6 of the attached document, vertical element 17 and planar blade 18 agitate, prune and lift the ground released by the coulter 14 which causes a funnel like soil flow for the seed is delivered), as per claim 10;
wherein the steps of creating a soil funnel and inserting a seed are executed simultaneously (13 forms the furrow by creating a soil funnel as described in page 6 of the attached Salte document and deposits seed via 20 simultaneously), as per claim 16;
wherein soil fall around the seed while the seed is inserting into the furrow such that the seed does not bounce or roll (as described in the squared-off text of page 6 of the attached Salte document, vertical element 17 and planar blade 18 agitate, prune and lift the ground released by the coulter 14 which causes a funnel like soil flow as the seed is delivered which will create a firming or calming effect for the seed), as per claim 17;
wherein the soil funnel has a vortical flow (as described in page 6 of the attached Salte document, vertical element 17 and planar blade 18 agitate, prune and lift the ground released by the coulter 14 which causes a vorical soil flow as the seed is delivered), as per claim 18;
wherein the blade (18) is drawn through soil at a desired planting depth (via 13, and with its self-adjusting structure as seen in Figs. 1(a-c)), as per claim 19;
wherein the coulter blade (14) cuts the soil at a depth below the desired planting depth (at least as seen in Fig. 1(a)), as per claim 20.
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) 2, 11-12, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salte et al.
Dependent Claims 2, 11-12, 15: Salte further discloses wherein the substantially planar blade (18) is pivotable on-the-go (as seen between Figs. 1(a-c)), as per claim 12.
However, while it appears that Salte’s blade is pivotable between ±5° as seen in Figures 1(a)-1(c), Salte fails to specifically disclose wherein the pivot angle is ±5° of a horizontal plane, as per claims 2, 11, 15.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide for pivoting of Salte’s blade ±5° of a horizontal since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892. See, for example, Weiste FR 2490064 A1 who discloses specific structural features of a seeding blade similar to that of the invention, but without the agricultural row unit details.
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 17, 2025