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 includes the legal phraseology “means”. 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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the compound angle of the spring, as per claim 15, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 12 is objected to because of the following informalities: lines 3-5, “a plurality of equidistantly spaced openings for engagement of at least two second wheel attachment plates the second wheel outer circumference…” is awkward and unclear. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: line 4-5, “attaching at least two attachment plates having a circumference matching the outer circumference to each wheel to the outer circumference…” is awkward and unclear. Appropriate correction is required.
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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaffert et al. US 2023/0225240 A1 in view of Nance 10,624,252.
Independent Claim 1: Schaffert discloses a soil conditioning apparatus comprising:
a wheel (402) having an outer circumference including a plurality of equidistantly spaced openings (410) for engagement;
at least two attachment plates (430, 450, 470, 480) coupled to the outer circumference via a plurality of attachment means (e.g., 420, 432, 438 of plate 430) configured on each attachment plate to align with the plurality of equidistantly spaced openings; and
a plurality of ground-engaging finger elements (443a, 443b) coupled to each attachment plate, the plurality of ground-engaging finger elements directed outwardly from the wheel to enable ground engagement (as seen in Fig. 3), as per claim 1.
However, Schaffert fails to disclose wherein the plurality of ground-engaging finger elements have a square cross section, as per claim 1.
Nance discloses a similar apparatus wherein the plurality of ground-engaging finger elements (120) have a square cross section (not shown, see col. 4, lns. 7-11, 13-17), 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 substitute the square cross section taught by Nance for that of the finger elements of Schaffert since both references disclose fingered wheels for leveling and compacting soil and such a predictable result would be achieved given Nance’s teaching that both round and square finger bar cross sections are old and known in the art.
Dependent Claims 2-11: Schaffert further discloses wherein the plurality of ground-engaging finger elements (443a, 443b) are formed with each attachment plate (430, 450, 470, 480), as per claim 2;
wherein each of the plurality of finger elements (443a, 443b) extend horizontally from a vertical plane of the wheel (402) from between 0 to 10 degrees of incline (as seen in, for example, Figs. 4C and 7G), as per claim 3;
wherein each of the plurality of ground-engaging finger elements (see 258 in Fig. 3) have a swept angle of 30 to 90 degrees from a vertical plane of the wheel (250, about 45 degrees as seen in Fig. 3), as per claim 4;
wherein each of the plurality of ground-engaging finger elements (443a, 443b) extend beyond the outer circumference (of wheel 402) forming a larger circumference than the wheel (402, as seen in Figs. 4A and 4C, the attachment plate 470 and finger element 406c extend beyond the outer circumference of wheel 402), as per claim 5;
wherein the plurality of ground-engaging finger elements (443a, 443b) is reconfigurable to enable a plurality of orientations by altering the relationship between the at least two attachment plates (430, 450, 470, 480) with respect to the wheel (402) through clockwise or counterclockwise rotation (the plates can be mounted in the direction shown in Fibs. 4A and 4B and can also be mounted in the reverse), as per claim 6;
wherein the plurality of ground-engaging finger elements (443a, 443b) is reconfigurable to enable a plurality of orientations by altering the relationship between the at least two attachment plates (430, 450, 470, 480) with respect to the wheel (402) through reversing one or more of the at least two attachment plates with respect to the wheel (as seen in Figs. 4A and 4B, the attachment plates may be mounted in a reverse configuration so that the finger elements point in the opposite direction as shown), as per claim 7;
wherein the plurality of ground-engaging finger elements (443a, 44b) is interlaced (the finger elements are shown in a v-shape similar to the “interlaced” pattern of applicant’s Fig. 4), as per claim 8;
wherein the plurality of ground-engaging finger elements (443a, 443b) is installed as mirror image via the at least two attachment plates (430, 450, 470, 480, as seen in Fig. 4A), as per claim 9;
wherein the said plurality of ground-engaging finger elements (see 712 in Figs. 7A-E) is installed in an offset orientation (Fig. 7E) via rotation of the at least one of the at least two attachment plates (say the plates of Figs. 7B and 7C which have finger elements extending from only one side of the plate) with respect to the wheel (402), as per claim 10;
wherein the plurality of ground-engaging finger elements (443a, 443b) is installed in aligned orientation (the fingers are aligned at their centers at the “V” notches) via the at least two attachment plates (430, 450, 470, 480), as per claim 11.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaffert et al. in view of Nance as applied to claim 1 above, and further in view of Schlagel 5,970,891.
Dependent Claim 12: The apparatus is disclosed as applied above. Schaffert discloses the details of the second wheel of claim 12 as seen in the rejection of indpeendent claim 1 above, comprising second wheel including a second wheel outer circumference with a plurality of equidistantly spaced openings for engagement of at least two second wheel attachment plates the second wheel outer circumference via a plurality of attachment means configured on each second wheel attachment plate to align with the plurality of equidistantly spaced openings on the second wheel, as per claim 12.
Nance discloses wherein the ground-engaging finger elements have a square cross section coupled to each second wheel attachment plate as seen in the rejection of independent claim 1 above.
However, the combination fails to disclose at least a second wheel coupled to the wheel via a hub and axle; and
a plurality of second wheel ground-engaging finger elements coupled to each second wheel attachment plate, the plurality of ground-engaging finger elements directed outwardly from the second wheel to enable ground engagement, wherein the wheel and the second wheel form a conditioner wheel assembly, the hub and axle formed to engage each of the wheel and the second wheel to form an acute angle with respect to soil, as per claim 12.
Schlagel discloses a similar apparatus comprising at least a second wheel (30, as seen in Figs. 2-3) coupled to the wheel (the other of 30) via a hub (73) and axle (unnumbered, seen in Figs. 6A-C); and
a plurality of second wheel ground-engaging finger elements (32) coupled to each second wheel, the plurality of ground-engaging finger elements directed outwardly from the second wheel to enable ground engagement, wherein the wheel and the second wheel form a conditioner wheel assembly (see Fig. 2), the hub and axle formed to engage each of the wheel and the second wheel to form an acute angle with respect to soil (as seen in Fig. 3), as per claim 12.
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 second wheel of Schlagel on the apparatus of Schaffert and Nance in light of Schlagel’s teaching that these wheels are old and known to be used in pairs.
Claim(s) 13, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meek US 2013/0192855 A1.
Independent Claims 13, 15: Meek discloses a strip till finishing system used by the method of claim 13, the system comprising:
a chassis (12);
a plurality of blades (14, 16, 18, 20, 28) coupled to the chassis, the plurality of blades including at least a center cutter (14), and a pair of containment blades (28, 28);
a pair of wheels (the outer plate of 60, seen on the left assembly in Fig. 2) coupled to the chassis via an arm appendage (32, 36), each wheel of the pair of wheels having an outer circumference including a plurality of equidistantly spaced openings (for receipt of the fasteners as seen in Fig. 2) for engagement;
at least two attachment plates (52, 52) coupled to each of the pair of wheels (seen in Fig. 2), each attachment plate having a circumference matching the outer circumference (Fig. 2), each attachment plate coupled to the outer circumferences via a plurality of attachment means (the unnumbered fasteners seen in Fig. 2 at 60) configured on each attachment plate to align with the plurality of equidistantly spaced openings;
a plurality of ground-engaging finger elements (54) coupled to each attachment plate over a 360 degree arc, the plurality of ground-engaging finger elements directed outwardly from each wheel to enable ground engagement;
a spring (40) coupled to the arm appendage, the spring providing a transfer of forward momentum for applying an energy of force towards soil clods and underlying disturbed soil to alter one or more of air pockets, clods, and surface soil, and to move loose soil generally towards a center of the strip of ground, as per claims 13 and 15.
However, Meek fails to disclose wherein the spring coupled to the arm appendage at a compound angle of orientation to a strip of ground, as per claim 15.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to couple the spring at a compound angle to the arm appendage since it has been held that rearranging parts of an invention involves only routine skill in the art and applicant has disclosed no criticality to such an arrangement.
Dependent Claims 16-20: Meek further discloses wherein the pair of wheels (the outer plate of 60, seen on the left assembly in Fig. 2) enable application of surface applied herbicides (herbicide could be applied after the wheels), as per claims 16 and 17;
wherein the pair of wheels (the outer plate of 60, seen on the left assembly in Fig. 2) enable application of small seed (small seed could be applied after the wheels), as per claim 18;
wherein each wheel (the outer plate of 60, seen on the left assembly in Fig. 2) of the pair of wheels has one (52), two, four or six attachment plates to cover a 360 degree are surrounding the perimeter of each wheel, as per claim 19;
wherein each of the one (52), two, four or six attachment plates are reconfigurable by one or more of reversing each plate (the plates could be reversed on their wheels), offsetting each plate, rotating each plate (the plates could be rotated), and altering each plate (the plates could be altered) to provide different angulation with respect to the ground engaging finger elements, as per claim 20.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meek in view of Flamme et al. 6,070,539.
Dependent Claim 14: The method is disclosed as applied above. However, Meek fails to disclose attaching one or more delivery tubes to the chassis to dispense surface applied herbicides, seed and fertilizer, as per claim 14.
Flamme discloses a similar system comprising one or more delivery tubes (384) to the chassis (of the row units 96) to dispense surface applied herbicides, seed and fertilizer (Abstract, lns. 1-4), as per claim 14.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to dispense herbicides, seed and fertilizer from one row unit as taught by Flamme on the system of Meek in order to provide efficient, prescriptive sowing with treatments for improved yield.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892. Arnett et al. 8,333,161 discloses a similar apparatus with tines having a square cross section at their ends.
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 31, 2025