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 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.
Claims 1-2 and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eugelink (EP 1970493, cited on Applicant’s IDS, copy provided by Applicant).
Regarding claim 1, Eugelink discloses (Figs. 1A-B) a soil sample collection system (see par. [0017]) comprising:
a sample collection vehicle 1 comprising a pair of front wheels 2 ((as shown in Fig. 1B) and a pair of rear wheels 2 (as shown in Fig. 1B);
a support frame 4 [0018] mounted to the sample collection vehicle (as shown in Figs. 1A-B); and
a sample collection apparatus 10 [0018] supported by the support frame 4 (as shown in Figs. 1A-B) and comprising soil engaging elements 10/22 (i.e. drill, pins: [0025]) disposed between the front and rear wheels 2 (as shown in Fig. 1B), the soil engaging elements 10/22 configured to engage the soil and collect the soil sample [0025] as the sample collection vehicle travels along a surface of the soil [0026].
Regarding claim 2, Eugelink discloses (Figs. 1A-B) the soil engaging elements 10/22 are disposed between a transverse front wheel axis (as shown in Fig. 1B) extending through the front wheels 2 (as shown in Fig. 1B) and a transverse rear wheel axis (as shown in Fig. 1B) extending through the rear wheels 2 (as shown in Fig. 1B).
Regarding claim 6, Eugelink discloses (Figs. 1A-B) the soil engaging elements 10/22 are disposed equidistant between opposing lateral sides of the sample collection vehicle (as shown in Fig. 1B).
Regarding claim 7, Eugelink discloses (Figs. 1A-B) the sample collection vehicle is a trailer [0016] comprising a hitch (as shown in Fig. 1B) configured for coupling to an engine-powered vehicle operable to pull the trailer along the surface of the soil (implicit, see [0026]).
Regarding claim 8, Eugelink discloses (Figs. 1A-B) the sample collection apparatus 10 is disposed in a central equipment opening (as shown in Fig. 1B) defined by a frame 4 of the trailer (as shown in Fig. 1B).
Regarding claim 10, Eugelink discloses (Figs. 1A-B) the central equipment opening (i.e. the space between the sides of carriage 4: see Fig. 1B) has a length which extends for a majority of a length of the frame 4 of the trailer (as shown in Fig. 1B) and a width which extends for a majority of a width of the frame 4 of the trailer (as shown in Fig. 1B).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Eugelink (EP 1970493) in view of Riggle (U.S. Pub. 6,820,887).
Regarding claims 10-11, Eugelink is applied as above, but does not disclose each of the front and rear wheels are rotatably mounted to the trailer by individual torsion axles which do not extend laterally through the central equipment opening; and wherein each torsion axle is supported by an associated spring suspension member coupled to the frame of the trailer.
Riggle discloses (Fig. 7) wheels rotatably mounted to the trailer by individual torsion axles (col. 2, lines 30-44) which do not extend laterally through the central equipment opening (when combined with Eugelink); and wherein each torsion axle is supported by an associated spring suspension member coupled to the frame of the trailer (col. 2, lines 30-44).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Eugelink’s device so that each of the front and rear wheels are rotatably mounted to the trailer by individual torsion axles which do not extend laterally through the central equipment opening; and wherein each torsion axle is supported by an associated spring suspension member coupled to the frame of the trailer, as taught by Riggle.
Such a modification would be the simple substitution of one known element for another to obtain predictable results – see MPEP 2143(I)(B).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Eugelink (EP 1970493) in view of Scheiderer et al. (U.S. Pub. 2014/0251032).
Regarding claims 12-14, Eugelink is applied as above, but does not disclose the sample collection apparatus is angularly adjustable relative to the surface of the soil.
Scheiderer discloses (Figs. 1-7) the sample collection apparatus is angularly adjustable relative to the surface of the soil (i.e. pivots around 21c to lower the collection apparatus into the sampling position: [0033]; Figs. 3-4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Eugelink’s device so that the sample collection apparatus is angularly adjustable relative to the surface of the soil, as taught by Scheiderer.
Such a modification would be the application of a known technique to a known device (method, or product) ready for improvement to yield predictable results – MPEP 2143(I)(D).
Allowable Subject Matter
Claims 3-5 and 12-13 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.
The following is a statement of reasons for the indication of allowable subject matter. The prior art of record does not show or suggest:
“…a collection spool movably mounted to the knife assembly, the collection spool comprising a collection cavity configured to capture the soil sample.” (as in claim 3)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin Schmitt, whose telephone number is (571) 270-7930. The examiner can normally be reached M-F | 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay can be reached at (571) 272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN R SCHMITT/Primary Examiner, Art Unit 2852