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: 138. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 139. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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
Claims 1 and 18-20 are objected to because of the following informalities:
(claim 1, line 6) “the soil” should be changed to “a ground surface”.
(claim 18, lines 1-2) “the extended position” should be changed to “the first position”.
(claim 19, lines 2-3) “the stowed position and the extended position” should be changed to “the second position and the first position”.
(claim 20, lines 5-6) “a row unit of the planting machine” should be changed to “the row unit”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "the extended position" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear, based on the claim language, whether applicant is referring to the first position or the second position. Clarification is needed.
Claim 16 recites the limitation "the extended position" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear, based on the claim language, whether applicant is referring to the first position or the second position. Clarification is needed.
Claim 17 recites the limitation "the stowed position" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear, based on the claim language, whether applicant is referring to the first position or the second position. Clarification is needed.
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.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strnad et al. (US 2022/0046848).
As concerns claim 1, Strnad shows a seed firming system (600) for a planting machine (row planter), the seed firming system comprising: an attachment bracket (100) having a portion provided for attachment to a row unit (10) of the planting machine (Fig. 22); an arm (610) pivotably coupled (via pivot pin 618) to the attachment bracket and including a ground-facing surface (613) configured for engagement with a ground surface during planting (Fig. 22), a tension arm (Fig. 22: protruding portion where spring 626 is attached) spaced apart from the ground-facing surface (Fig. 22), and a plurality of tension connectors (Fig. 22: multiple apertures on protruding portion of arm 610 where spring 626 is attached) disposed in the tension arm (Fig. 22); an elastic member (626) comprising a first end (upper end) coupled to the attachment bracket (Fig. 22), and a second end (lower end) removably coupled to one of the plurality of tension connectors (Fig. 22); wherein the second end (lower end) of the elastic member (626) is interchangeably couplable (via each of the multiple apertures) to each of the plurality of tension connectors (Fig. 22); and wherein the elastic member (626) is configured to provide a unique elastic force (each aperture would provide a different biasing force when the trailing portion 613 engages the seed trench) through the ground-facing surface (613) when coupled to each respective one of the plurality of tension connectors (Fig. 22).
As concerns claim 2, Strnad shows wherein the second end of the elastic member is movable between each respective one of the plurality of tension connectors while the arm is coupled to the attachment bracket (Fig. 22).
As concerns claim 3, Strnad shows wherein each respective one of the plurality of tension connectors is arranged such that an effective angle between the elastic member and the tension arm varies when the elastic member is coupled to each respective one of the plurality of tension connectors (Fig. 22).
As concerns claim 4, Strnad shows wherein the plurality of tension connectors is disposed in series along a length of the tension arm (Fig. 22).
As concerns claim 5, Strnad shows wherein the arm (610) further comprises a leading surface disposed at an angle with respect to a plane of the ground-facing surface (Fig. 22).
As concerns claim 6, Strnad shows wherein the angle is an angle from about 10 deg. to about 30 deg (Fig. 22).
As concerns claim 7, Strnad shows wherein the tension arm is coupled to the leading surface of the arm (Fig. 22).
As concerns claim 8, Strnad shows wherein the arm comprises a substantially rigid material (paragraph 0075 & 0076).
As concerns claim 9, Strnad shows wherein the arm comprises a substantially deformable material (paragraph 0076).
As concerns claim 10, Strnad shows wherein the elastic member is a spring (626).
As concerns claim 11, Strnad shows wherein the elastic member is a coil spring (626).
Claims 12, 13 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoder et al. (US 5,724,903).
As concerns claim 12, Yoder shows a seed firming system (42) for a planting machine (agricultural planter), the seed firming system comprising: an attachment bracket (40) having a portion (52) provided for attachment to a row unit (10) of the planting machine (Fig. 1, 2 & 4); an arm (46) coupled to (via pivot pin 60) the attachment bracket (Fig. 2 & 4), the arm including a ground-facing surface (surface of seed firming wheel 42) for engagement with a ground surface during planting (Fig. 1); and a stowing mechanism (78) having a first pin (67 [mislabeled 66 in Fig. 2 & 4]) operable to secure the arm relative to the attachment bracket (Fig. 2 & 4), wherein the stowing mechanism is selectively configurable between a first position (84) in which the ground-facing surface is positioned to abut the ground surface during operation (Fig. 2) and a second position (86) in which the ground-facing surface is positioned to be spaced apart from the ground surface during operation (Fig. 4).
As concerns claim 13, Yoder shows wherein the arm (46) is pivotably coupled (via pivot pin 60) to the attachment bracket (40).
As concerns claim 18, Yoder shows wherein the arm (46) is elastically biased (via spring 48) to the first position (Fig. 2).
As concerns claim 19, Yoder shows wherein the stowing mechanism is configured such that the arm (46) is movable between the second position (Fig. 4) and the first position (Fig. 2) while the arm is coupled to the attachment bracket (Fig. 2 & 4).
As concerns claim 20, Yoder shows a row unit (10) comprising a furrow opener (26), furrow closing wheels (32) behind the opener, a seed dispenser (24) between the opener and the closing wheels, and a seed firming system (42) coupled to the row unit behind the seed dispenser and forward of the closing wheels (Fig. 1), wherein an attachment bracket (40) having a portion (52) provided for attachment to the row unit (Fig. 1, 2 & 4); an arm (46) coupled to (via pivot pin 60) the attachment bracket (Fig. 2 & 4), the arm including a ground-facing surface (surface of seed firming wheel 42) for engagement with a ground surface during planting (Fig. 1); and a stowing mechanism (78) having a first pin (67 [mislabeled 66 in Fig. 2 & 4]) operable to secure the arm relative to the attachment bracket (Fig. 2 & 4), wherein the stowing mechanism is selectively configurable between a first position (84) in which the ground-facing surface is positioned to abut the ground surface during operation (Fig. 2) and a second position (86) in which the ground-facing surface is positioned to be spaced apart from the ground surface during operation (Fig. 4).
Allowable Subject Matter
Claim 14 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.
Claims 15-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 appear to anticipate and/or render obvious a seed firming system for a planting machine, the seed firming system comprising: an attachment bracket having a portion provided for attachment to a row unit of the planting machine; an arm coupled to the attachment bracket, the arm including a ground-facing surface for engagement with a ground surface during planting; and a stowing mechanism having a first pin operable to secure the arm relative to the attachment bracket, wherein the stowing mechanism is selectively configurable between a first position in which the ground-facing surface is positioned to abut the ground surface during operation and a second position in which the ground-facing surface is positioned to be spaced apart from the ground surface during operation, and wherein the pin is extendable through a portion of the attachment bracket and the arm such that the arm is locked in a fixed position with respect to the bracket.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Thompson et al. (US 2008/0184920) shows a seed firming system for a planting machine having an adjustable arm with an elastic member, and Mayerle et al. (US 6,666,156) shows a seed firming system for a planting machine having an arm with a stowing mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R BUCK whose telephone number is (571)270-3653. The examiner can normally be reached Monday-Thursday 6:30-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571)272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R BUCK/Primary Examiner, Art Unit 3679
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