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 .
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.
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) 44, 47-48, 51-55, 57, 60-62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borkgren (2017/0086350) in view of Memory (6,296,425).
Regarding claims 44 and 55, Borkgren discloses a product distribution system for an air seeder, the system comprising:
A mixed product container (10A) mounted on an implement frame of the air seeder
a first primary meter (14) operative to meter a first product from a first product tank (18) into the mixed product container (10A) (via 45,49)
a second primary meter (14) operative to meter a second product from a second product tank (18) into the mixed product container (10A) (via 45,49) (see two tanks 18 Figure 1)(pgph 0019 discloses product from both tanks can be combined into the same tubes i.e. mixing product from both tanks 18)
a plurality of container meters (pgph 0040) each container meter operative to meter a mixed product (pgph 0019 discloses mixing product from two tanks (18)) from the mixed product container into a corresponding delivery conduit (48) at a selected dispensing rate such that the product is dispensed from the mixed product container at a total dispensing rate
While Borkgren discloses the invention as described above, it fails to specifically disclose details regarding the control system of the meter system. Like Borkgren, Memory also discloses an air seeder wherein multiple tanks can be metered/mixed/combined into a single conduit/run (column 12 lines 13-15). Unlike Borkgren, Memory discloses details of a control system including sensors, valves and a controller for monitoring and controlling product levels in the tanks/containers and dispensing rates of the metering mechanisms. Memory further discloses that the different products are monitored and adjusted/controlled to maintain the desired amounts of each product (column 12 lines 30-48)), including starting simultaneously to measure initial flow rates (column 12 lines 49-60) (stopping simultaneously is an inherent aspect of a machine when it is turned off). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a control system and method to monitor and control the product levels in Borkgren as taught by Memory as the use of a known technique to improve similar devices in the same way (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)).
Regarding claims 44, 47 and 57, the combination discloses maintaining a minimum velocity such that sufficient product is maintained in the system (minimum fill level).
Regarding claim 48, the combination discloses that the first and second primary meters are operative to meter the corresponding first and second products into a primary air stream (pgph 0019) connected to convey the first and second products into the mixed product container.
Regarding claims 51 and 60, the combination disclose that each meter is operated independently since the velocities of the different runs are constantly monitored and adjusted.
Regarding claims 52-53 and 61-62, the combination discloses that the delivery conduits (48) extend radially outward laterally and forward or rearward from the mixed product container (10A) (Figure 9).
Regarding claim 54, lower walls (54) of the mixed product container (10A) slope inward (Figure 2).
Allowable Subject Matter
Claims 45-46, 49-50, 56, 58-59 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. McCartney (EP3150041) discloses multiple different products combining into a single conduit on an air seeder.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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