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 .
Election/Restrictions
Claims 14, 15, 17, and 20-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 5, 2026.
Applicant’s election without traverse of Group I, claims 1-12, in the reply filed on January 5, 2026 is acknowledged.
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) 1-5 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,520,333(Tofte).
Tofte ‘333 discloses a liquid distribution system for a crop sprayer having a laterally extendable boom, the system comprising a first product tank 11 configured to contain a first liquid (water), see Fig. 4 and column 6, lines 58-65; at least one auxiliary product tank (111) configured to contain an additional liquid, see col. 1, lines 32-33; a pressurized air source (see col. 8, lines 29-31) in fluid communication with the at least one auxiliary product tank; at least one mixing valve (21A-23N and 161A-161N) carried by the boom 51 (column 6, lines 45-51) and configured to receive (see 160) the first liquid from the first product tank, receive the additional liquid (see 17a} from the at least one auxiliary product tank, and mix the first liquid with the additional liquid to form a mixed (see 161a) liquid (18A) ; and at least one nozzle (162A-162N) carried by the boom 51 and configured to receive the mixed liquid from the at least one mixing valve(21A-23N and 161A-161N). See Figures 1-6 and col. 1, line 11 through col. 8, line 34.
As to claims 2 and 3, see flowmeter 118.
As to claim 4, see mixing valves 21A-23N and 161A-161N.
As to claim 5 see nozzles 162A-162N.
As to claims 7 and 8, se plurality of booms 51 and wherein at least one mixing valve comprises a plurality of mixing valves, 21A-23N and 161A-161N, wherein each boom carries a mixing valve of the plurality and wherein the at least one nozzle comprises a plurality of nozzles 162A1-62N carried by one of the boom arms 51, and wherein at least some of the plurality of nozzles carried by the one of the boom arms are fluidly connected to a respective mixing valve carried by the one of the boom arms, see Figure 4 and Figure 6.
As to claim 9, see plurality of nozzles 162A-162N and a plurality of mixing valves 21A-21N and 161A-161N.
As to claim 10, see control system 131.
As to claim 11, see pump 14 along a liquid flow line connecting the first product tank 111 to the at least one mixing valve, 161A-161N, see Figure 4.
Claim Rejections - 35 USC § 103
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 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 6 is rejected under 35 U.S.C. 103 as being unpatentable over US 5,520,333(Tofte) in view of US 2019/0373880 A1(Kocer et al).
As to claim 6, Tofte ‘333 discloses a liquid distribution system comprising all the featured elements of the instant invention, except wherein each of the at least one nozzle comprises a check valve to enable flow through the respective nozzle when a pressure at the respective nozzle exceeds a threshold. Kocer et al ‘880 discloses a boom sprayer comprising booms 108 with nozzles 110 having check valves 222. See paragraph [0050] and Figures 1A-2A. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide each of the at least one nozzle of Tofte ‘333 with a check valve to enable flow through the respective nozzle when a pressure at the respective nozzle exceeds a threshold, as taught by Kocer et al ‘880, since such a modification prevents over pressurization of the system and consisting spraying pressure and flow.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over US 5,520,333(Tofte) in view of US 2014/0284400 A1(Hebbert et al).
As to claim 12, Tofte ‘333 discloses a liquid distribution system comprising all the featured elements of the instant invention, except comprising at least one return line connecting an input to the at least one mixing valve with the at least one auxiliary product tank. Hebbert et al ‘400 discloses a boom sprayer 100 with booms 102 comprising at least one return line 104 connecting an input to the at least one mixing valve 111 with the at least one auxiliary product tank 101. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide at least one return line connecting an input to the at least one mixing valve with the at least one auxiliary product tank in the apparatus of Tofte ‘333, as taught by Hebbert et al ‘400, since such a modification allows recirculation without mixing with the carrier fluid and can be used can be used to isolate a boom section from the flow of the auxiliary product and can simultaneously recirculate an injection auxiliary product flow back.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brookes et al ‘585 and Fisher et al ‘621 disclose boom sprayers with a plurality of nozzles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/ Primary Examiner, Art Unit 3752