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
Applicant’s election without traverse of Invention I in the reply filed on 1/6/2026 is acknowledged. However, upon further consideration the restriction requirement has been withdrawn and claim 20 is hereby examined on its merits along with originally elected claims 1-19.
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: outer wall 10C (para. [0037]) and inner wall 10D (para. [0038]). 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.
Specification
The disclosure is objected to because of the following informalities: “Fig. 8” is referred to twice in line 3 of para. [0034], however no Fig. 8 is included in the drawings. Instead, Figs. 8A and 8B are present.
Appropriate correction is required.
The abstract of the disclosure is objected to because “. The lower shank” in line 1 should be deleted. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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) 1-3, 15, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hodel et al. WO 2019/139834 A1.
Independent Claim 1: Hodel discloses a lower shank (14) of a row planting unit (10), comprising:
a main body (14) having a first end (the left or rear end as seen in Fig. 2) and a second end (the right or front end as seen in Fig. 2) longitudinally opposite to the first end;
a leg (15) operably engaged with the main body and extending downwardly from the second end of the main body; and
a mounting portion (17) operably engaged with the main body and extending outwardly from the second end of the main body;
wherein a portion of the main body defines a substantially triangular cross-section (see Hodel’s annotated Fig. 12 below) between the first end and the second end, as per claim 1.
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Dependent Claims 2-3, 15, 19: Hodel further discloses wherein the main body (14) further comprises:
at least one pair of inner walls (see annotated Fig. 12 above) extending between the first end and the second end and defined at a first angle measured between each inner wall of the at least one pair of inner walls; and
at least one pair of outer walls (seen in Fig. 12 above) extending between the first end and the second end and defined at a second angle measured between each outer wall of the at least one pair of outer walls, as per claim 2;
wherein the at least one pair of inner walls and the at least one pair of outer walls collectively defines a first portion of the substantially triangular cross-section (as seen in Fig. 12 above), as per claim 3;
wherein the mounting portion (17) comprises:
a first projection (say the left extension of the mounting portion as seen in Fig. 12 below) extending outwardly from an intermediate section (the middle of 17) of the mounting portion at the second end (the front end) of the lower shank (14); and
a second projection (the right extension as seen below) extending outwardly from the intermediate section of the mounting portion at the second end of the lower shank;
wherein the first projection and second projection directly oppose one another to collectively define a substantially triangular-shaped configuration (as seen below), as per claim 15;
at least one cable support (23-1, 23-2) operably engaged with the lower shank (14);
wherein the at least one cable support is configured to support at least one cable (24-1, 24-2) of the row planting unit (10) free from interfering with the lower shank, as per claim 19.
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Independent Claim 20: Hodel discloses an assembly used by a method, comprising:
providing a lower shank (14) of a row planting unit (10), the lower shank comprises:
a main body (14) having a first end (the left or rear end as seen in Fig. 2) and a second end (the right or front end as seen in Fig. 2) longitudinally opposite to the first end;
a leg (15) operably engaged with the main body and extending downwardly from the second end of the main body; and
a mounting portion (17) operably engaged with the main body and extending outwardly from the second end of the main body;
wherein a portion of the main body defines a substantially triangular cross-section (see Hodel’s annotated Fig. 12 below) between the first end and the second end;
engaging a pair of opening disks (62-1, 62-2) of the row planting unit with the leg; and
engaging a head frame (16) of the row planting unit with the mounting portion, as per claim 20.
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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) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodel et al. in view of Gadzella et al. 9,743,576.
Dependent Claims 16-17: The lower shank is disclosed as applied above. Hodel further discloses wherein the mounting portion (17) further comprises:
a set of first openings (the two left-side openings seen in the figure above) defined in the first projection (see annotated figure above); and
a set of second openings (the two right-side openings seen in the figure above) defined in the second projection (seen above), as per claim 16;
wherein each opening of the set of first openings (the left-side set of openings seen in the figure above) is offset from one another (as seen above, the top left opening is farther left than the bottom left opening); and
wherein each opening of the set of second openings (the right-side set of openings seen in the figure above) is offset from one another (as seen above, the top right opening is farther right than the bottom opening), as per claim 17.
However, Hodel fails to disclose wherein the sets of first and second openings are threaded;
wherein the set of first threaded openings and the set of second threaded openings are adapted to threadably engage with a set of fasteners for operably engaging the lower shank and a head frame of the row planting unit with one another, as per claim 16.
Gadzella discloses a similar row unit assembly wherein the sets of first and second openings (of 66 and 68) are threaded;
wherein the set of first threaded openings and the set of second threaded openings are adapted to threadably engage with a set of fasteners (78, 80) for operably engaging a row planting unit with a toolbar, as per claim 16.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provided the threading taught by Gadzella to the openings of Hodel in order to provide easy mechanical fastening of the row unit and its associated parts to a toolbar for operation in a field.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodel et al. in view of Gadzella et al. as applied to claim 16 above, and further in view of Anderson et al. US 2014/0190374 A1.
Dependent Claim 18: The lower shank is disclosed as applied above. However, the combination fails to disclose wherein the mounting portion further comprises:
at least one threaded opening defined in the intermediate section and offset from the set of first threaded openings and the set of second threaded openings;
wherein the at least one threaded opening is adapted to threadably engage with at least one fastener of the set of fasteners for operably engaging the lower shank and the head frame with one another, as per claim 18.
Anderson discloses a similar lower shank wherein the mounting portion (see Anderson’s annotated Fig. 5 below) further comprises:
at least one opening (the lower, center opening) defined in the intermediate section (the middle section) and offset from the first opening (the left opening) and the second opening (the right opening);
wherein the at least one opening is adapted to engage with at least one fastener (para. [0024], lns. 3-5) of the set of fasteners for operably engaging the lower shank (38, at 60) and the head frame (50) with one another, as per claim 18.
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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 intermediate opening of Anderson on the mounting portion of Hodel and Gadzella in order to further secure the lower shank to the head frame.
Additionally, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide threading to the opening as taught by Gadzella.
Allowable Subject Matter
Claims 4-14 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. Please see the attached PTOL-892. Hagny 8,978,564 shows a shape of a lower shank leg which connects to opener discs but lacks the angles of the walls as per claim 8.
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 May 30, 2026
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