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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: hooks “60”. 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. 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 2 is objected to because of the following informalities: line 3, “a row cleaner” should be changed to –the row cleaner—. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: line 2, “a row cleaner” should be changed to –the row cleaner—. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: line 1, “the slot” should be changed to –a slot—. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: line 1, “the fertilizer unit” should be changed to –the fertilizer assembly—. 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) 1-3, 7, 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wendling et al. 6,253,692 in view of Martin 7,481,171.
Independent Claim 1: Wendling discloses an improved agricultural planter for planting seeds in soil, including a tool bar (12), a row unit (10) mounted on the tool bar for movement between raised and lowered positions via a first actuator (90), the improvement comprising:
a row cleaner (18) mounted to the tool bar for movement between raised (Figs. 1-2) and lowered (Fig. 3) positions;
a second actuator (70) for moving the row cleaner between raised and lowered positions; and
whereby the movement of the row cleaner is independent of the movements of the row unit (col. 6, lns. 37-39), as per claim 1.
However, Wendling fails to disclose a fertilizer assembly in combination with the row cleaner, as per claim 1.
Martin discloses a similar agricultural planter comprising a fertilizer assembly (75) in combination with the row cleaner (60), 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 provide Martin’s fertilizer assembly with the row cleaner of Wendling’s row unit in order to provide fertilizer application and row cleaning to a planter for a no-till or minimum till operation.
It can seen that in the combination, the fertilizer assembly and row cleaner would be raisable and lowerable together and independently of the row unit as claimed.
Dependent Claims 2-3, 7, 10-13: Wendling further discloses a first mounting bracket (32) on the tool bar (12) for supporting the row unit (10) and a second mounting bracket (40) on the tool bar for supporting a row cleaner (18) and the fertilizer assembly (when combined with Martin, fertilizer assembly 75), as per claim 2.
Martin, of the resultant combination above, further discloses wherein the fertilizer assembly (75) is secured to the second mounting bracket (4) using a single fastener (either of bolts 14), as per claim 3.
wherein the fertilizer assembly (75) resides between the row unit (1) and a row cleaner (60), as per claim 7;
wherein the fertilizer assembly (75) and the row cleaner (60) are modular so as to be removable from the tool bar (55) separate from the row unit (1) and from one another (as seen in Fig. 3, the fertilizer assembly 75 is connected to the tool bar via bolts 14 and the row cleaner is connected to the tool bar via unnumbered bolts at the top of mount 73), as per claim 10;
wherein the fertilizer assembly (75) includes a coulter blade (10) for cutting a slot in the soil to receive fertilizer (via 40), as per claim 11;
wherein the slot (created by blade 10) is offset from a seed line of the row unit (1) to apply fertilizer into the slot (see Abstract, lns. 10-14), as per claim 12;
wherein the fertilizer unit (75) includes a fertilizer tube (41) extending into the slot (created by 10) for dispensing fertilizer into the slot, as per claim 13.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wendling et al. in view of Martin as applied to claim 1 above, and further in view of Van Natta et al. 4,796,550.
Dependent Claim 14: The planter is disclosed as applied above. However, the combination fails to disclose wherein the fertilizer assembly includes a disc for forming a slot in the soil and a gauge wheel to control depth of the disc, as per claim 14.
Van Natta discloses a similar planter and auxiliary fertilizer assembly wherein the fertilizer assembly (100) includes a disc (130) for forming a slot in the soil and a gauge wheel (166) to control depth of the disc, 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 provide the fertilizer gauge wheel of Van Natta on the planter of Wendling and Martin in order to provide a selectively adjustable depth control mechanism for ensuring that fertilizer is applied to soil at a consistent and correct depth.
Response to Arguments
See the updated art rejections above in response to applicant’s claim amendments.
Allowable Subject Matter
Claims 4-6 and 15-20 are allowed.
Claim 21 is 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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 March 25, 2026