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 .
Response to Arguments
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive.
With respect to the Remarks on pages 6-7, Applicant argues that Brockmeier does not disclose a motor-driven system. Instead, Brockmeier discloses a purely mechanical system powered by the ground wheels of the planter. As stated in 0030 of Brockmeier, "[t]he drive mechanism 14 preferably includes a driving connection to ground wheels (not shown) of the planter 10 that serves as the power source for the twin row planter 10." Further, 0031 describes the mechanical nature of the drive, which includes "a drive shaft 42, drive sprockets 44, driven shaft 46, driven sprockets 48... and drive chains 54." Brockmeier is fails to disclose an electric motor used to position a driveshaft. The Examiner's citation to "[0036]" and "FIG. 5-6" of Brockmeier do not support the assertion that a motor is disclosed, but insteadly support the disclosure of a mechanical driven system. Because the electric motor limitation is missing from Brockmeier, the reference cannot anticipate claim 1. The Examiner's rejection of claim 12 is incorrect for similar reasons.
The Examiner respectfully disagrees with Applicant’s argument because Brockmeier does teach the usage of an electric motor in the seed meter as required by the claims. Specifically, paragraph 0030 teaches:
The drive mechanism 14 preferably includes a driving connection to ground wheels (not shown) of the planter 10 that serves as the power source for the twin row planter 10. However, it is within the ambit of the present invention where the planter 10 includes an alternative power source. For example, the twin row planter 10 could include a hydraulic motor or a variable speed electric motor for powering the planter 10.
Brockmeier specifically teaches that the drive mechanism can be a driving connection to the ground wheels as mentioned by Applicant in page 6 or “a variable speed electric motor” (see underlined portions above). Thus, Brockmeier is considered to teach the claimed invention including the electric motor.
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 1-5, 11-12, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brockmeier (US Publication 2008/0110382).
With regards to claim 1, Brockmeier discloses a method for calibrating a seed meter (abstract; FIG. 1), said method comprising the steps of:
(a) providing the seed meter (66, 68; [0036]) and a calibration disc, wherein the seed meter comprises an electric motor (14; “the twin row planter 10 could include a hydraulic motor or a variable speed electric motor for powering the planter 10”; [0030]) with a driveshaft (86; [0036]; FIG. 5-6), and wherein the driveshaft is configured to be positioned by the motor in an uncorrected home position (i.e. the position is not as desired and needs to be adjusted; [0036]);
(b) engaging the calibration disc (174, 176, 190; FIG. 6-7) with the seed meter ([0052-0053]; FIG. 9), wherein the calibration disc includes a plurality of indicia (190) on a surface of the calibration disc (FIG. 6-7; [0056]);
(c) identifying a corrected home position (i.e. desired position) for the driveshaft ([0056-0058]), wherein said identifying of step (c) includes determining, via the indicia of the calibration disc, an angular offset between the uncorrected home position and the corrected home position of the driveshaft ([0056-0058, 0061]).
With regards to claim 2, Brockmeier discloses the method of claim 1, further including the step of removing the calibration disc (at least 190; [0057] teaches 190 is “removably secured”) from the seed meter and engaging a seed disc (88) with the seed meter, wherein the seed disc (88) comprises a plurality of pockets positioned around a circumference of the seed disc ([0045]; FIG. 9).
With regards to claim 3, Brockmeier discloses the method claim 2, rotating the seed disc, via the motor, to a calibrated home position, wherein the seed disc is located in the calibrated home position when the driveshaft is positioned in the corrected home position ([0056-0058, 0061]).
With regards to claim 4, Brockmeier discloses the method of claim 1, wherein the plurality of indicia of the calibration disc (174, 176, 190; FIG. 6-7) is located at least partly around a circumference of the calibration disc, wherein the indicia comprise angular measurement identifiers ([0056]; FIG. 9).
With regards to claim 5, Brockmeier discloses the method of claim 4, wherein the indicia extend around at least one-quarter of the circumference of the calibration disc ([0056]; FIG. 9).
With regards to claim 11, Brockmeier discloses the method of claim 1, wherein the seed meter further comprises a disc seat (170) onto which a seed disc (88) and/or the calibration disc can be removably engaged, wherein the disc seat engages with and is rotated by a disc shaft (144) that is engageable with the driveshaft of the motor ([0048]).
With regards to claim 12, Brockmeier discloses a system for calibrating a seed meter, said system comprising:
a housing (84) configured to hold seed ([0036-0037]; FIG. 5-6);
a disc (174, 176, 190) received within said housing ([0053-0054]; FIG. 8-9); and
an electric motor (14; “the twin row planter 10 could include a hydraulic motor or a variable speed electric motor for powering the planter 10”; [0030]) comprising a driveshaft (86; [0036]), wherein said motor is configured to rotate said disc ([0036]), wherein said disc comprises a plurality of indicia ([0056]), such that said disc is configured to be used to calibrate a position of said driveshaft of said motor ([0059-0060]).
With regards to claim 18, Brockmeier discloses the system of claim 12, further comprising a seed disc (88) configured to convey seed via a plurality of pockets (168) positioned around a circumference of said seed disc ([0045]; FIG. 9).
With regards to claim 19, Brockmeier discloses the system of claim 12, wherein the plurality of indicia is located at least partly around a circumference of said disc ([0056]; FIG. 9).
With regards to claim 20, Brockmeier discloses the system of claim 19, wherein the indicia comprise angular measurement identifiers, and wherein the indicia extend around at least one-quarter of the circumference of said disc ([0056]; FIG. 9).
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.
Claims 7, 10, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Brockmeier (US Publication 2008/0110382) in view of Stuber (US Publication 2018/0184578).
With regards to claims 7 and 14, Brockmeier teaches the method of claim 6 and the system of claim 12, respectively. However, Brockmeier is silent regarding wherein the electric motor comprises a processing element and a memory element.
Stuber teaches an agricultural implement (abstract, similar to Brockmeier) comprising an electric motor (578) comprises a processing element (300) and a memory element (306; [0043])).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to further combine the teaching of the details of the drive mechanism as taught by Stuber to the drive mechanism as taught by Brockmeier with reasonable expectation of driving the seed meter as originally intended.
With regards to claim 10, Brockmeier teaches the method of claim 1. However, Brockmeier is silent regarding wherein the electric motor comprises an encoder configured to determine a current position of the driveshaft of the motor.
Stuber teaches an agricultural implement (abstract, similar to Brockmeier) wherein the electric motor (578) comprises an encoder (576) configured to determine a current position of the driveshaft of the motor ([0043, 0047]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to further combine the teaching of the details of the drive mechanism as taught by Stuber to the drive mechanism as taught by Brockmeier with reasonable expectation of driving the seed meter as originally intended.
Claims 8-9 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Brockmeier (US Publication 2008/0110382) in view of Taylor et al. (US Publication 2012/0044101; hereinafter Taylor).
With regards to claims 8 and 15, Brockmeier teaches the method of claim 7 and the system of claim 14, respectively. However, Brockmeier is silent regarding wherein the memory element is configured to store information indicative of the uncorrected home position of the driveshaft of the motor.
Taylor teaches a drive mechanism (FIG. 1) comprising a memory element ([0033]) configured to store information indicative of the uncorrected home position (via the combination usage of the home sensor 102) of the driveshaft of the motor ([0053-0054]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the home sensor and its usage in conjunction with the encoder as taught by Taylor to the method and drive mechanism as taught by Brockmeier with reasonable expectation of having an enhanced reading of the angle about an axis of rotation of the motor ([0015, 0018]; Taylor).
With regards to claims 9 and 16, Brockmeier teaches the method of claim 7 and the system of claim 15, respectively. However, Brockmeier is silent regarding wherein the memory element is configured to store information indicative of the corrected home position of the driveshaft of the motor, wherein said corrected home position is offset from said uncorrected home position by the angular offset determined in step (c).
Taylor teaches drive mechanism (FIG. 1) comprising wherein the memory element ([0033]) is configured to store information indicative of the corrected home position of the driveshaft of the motor, wherein said corrected home position is offset from said uncorrected home position by the angular offset determined in step (c) ([0053-0054]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the home sensor and its usage in conjunction with the encoder as taught by Taylor to the method and drive mechanism as taught by Brockmeier with reasonable expectation of having an enhanced reading of the angle about an axis of rotation of the motor ([0015, 0018]; Taylor).
With regards to claim 17, Brockmeier, as combined with Taylor, teaches the system of claim 16, wherein said electric motor ([0030]; Brockmeier) comprises an encoder (105; Taylor) configured to determine a current position of said driveshaft of said motor ([0053-0054]; Taylor).
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 QUANG X.L NGUYEN whose telephone number is (571)272-1585. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, STEPHEN D. MEIER can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QXN/ Examiner, Art Unit 2853
/STEPHEN D MEIER/ Supervisory Patent Examiner, Art Unit 2853