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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/17/2026 has been entered.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 3195713.
As to claims 1 and 2, EP 713 discloses a method comprising the steps of:
applying material to be spread by means of an agricultural spreader (1), and more particularly open-loop is configured to influence a spreading pattern (16) of the material to be spread which can be applied by
the spreader (1) on the basis of the at least one setting parameter (paragraphs 0019-0021, 0025-0027);
determining (by way of a "measuring parameter"; paragraph 0028: with wind, inclination and/or position sensors) the need (for example "strong wind" by way of a limit value; "boundary spreading", "side wind", “sloping position"; "part-widths", "headland entrance") for adapting a control behavior of the at least one setting parameter (here by changing the strategy for the target value specifications S1, S2, S3; figure 4; paragraphs 0011-0013, 0016-0018; claim 5);
changing the control behavior of the at least one setting parameter (here by changing the strategy for the target value specifications S1, S2, S3) following the determination of the need for adapting the control behavior (claims 1-4; paragraphs 0011-0013, 0041-0043);
determining the need for a setting parameter adaptation to influence the spreading pattern (implicit part of the respective control loop R1, R2, R3; figures 5a-6c);
changing one or more setting parameters with the adapted control behavior (here by changing the strategy for the target value specifications S1, S2, S3)
following the determination of the need for a setting parameter adaptation (implicit part of the respective control loop RI, R2, R3; figures 5a-6c).
As to claims 3, 4, and 9, the spreader (1) comprises at least one adjustable feed device (metering member 8 and introduction system 13, paragraphs 0019-0020, 0025 and 0027) and at least one rotatably drivable spreading disc (5), wherein the feed device (8, 13) is designed to feed the material to be spread from a storage container (2) of the spreader in quantities as required (“precision farming” system la; with a controlled metering member 8, paragraphs 0019, 0021, 0025 and 0031) and at an adjustable feed point (13) on the spreading disc (paragraph 0027),
wherein the spreading disc (here the rotational speed by way of adjustable drive element 4), more particularly the quantity and/or the feed point of the material to be spread, on the basis of the at least one setting parameter ("“quantity" in RI, "discharge angle” in R2, "casting distance" in R3) in an open-loop and/or closed-loop manner (paragraphs 0019-0021).
As to claim 5, by determination of a changed operating state (position on the field, in
relation to field boundaries, sectors or headlands) or a changed ambient condition (wind), more particularly taking into account a predeterminable range of acceptance (distance specifications in relation to field boundaries or headlands, paragraph 0039; limit value for when the wind is too strong, paragraphs 0011, 0042 and 0049).
As to claims 6, 7, 11, and 12, EP 713 discloses the following optional steps: - going above or below a critical distance from a field boundary (paragraphs 0036, 0039); and/or - changing an inclination and/or alignment of the spreader (“sloping position”, "inclination determination"; paragraphs 0013, 0028); and/or - changing the air movement, and/or humidity.
As to claim 8, the claim pertains to an apparatus and wherein the apparatus of DE 713 can perform the functions.
As to claim 10, the conditions can be controlled by sensors (paragraph 0058).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that EP ‘713 fails to teach a closed loop system, since there is no feedback to adjust a controlled variable to a reference variable. The examiner respectfully disagrees. In paragraph 0007, EP ‘713 discloses controlling the actuators for generating a corresponding patterns, which is interpreted to be based on the reference variable. Therefore, applicant’s argument amendment do not overcome the prior art.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Len Tran whose telephone number is (571)272-1184. The examiner can normally be reached Monday-Friday, 8am - 4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
Prosecution Insights