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 .
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.
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) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pember et al. (5,009,175).
Regarding claim 1, Pember et al. discloses a planting unit for singulating a plurality of seeds, said planting unit comprising:
A seed holder (23)
A seed discharge (39,40,41)
At least one drive unit (34)
A seed singulator (column 7 lines 7-8)
Wherein the seed singulator further comprises;
A seed singulating ledge (blades of auger 20)
An excess seed ejector (22,36) to eject any excess seeds from the seed singulating ledge onto the seed holder (23) (column 7 lines 20-28)
Regarding claim 2, Pember discloses that the seed singulating ledge (20) has a ledge axis (auger rotational axis – unnumbered) and wherein during operation of the planting unit the ledge axis is maintained substantially along the horizontal plane.
Allowable Subject Matter
Claims 3-11 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. McBride (3,246,806) discloses a seed singulator with a ledge but does not disclose an ejection mechanism returning seed to the seed holder.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671