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
Newly submitted claims 19 and 20 are directed to an invention that is independent or distinct from the invention originally claimed because the claims do not require a forward wheeled module having a pair of laterally extending and foldable arms that extend laterally away from the forward wheeled module and carry a series of planting assemblies.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 19 and 20 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Objections
Claims 1 and 6 are objected to because of the following informalities:
(claim 1, lines 13-14) “a steerable towed vehicle carrying seed and fertilizer and being towed by the towed vehicle” should be changed to “a steerable towed vehicle carrying seed and fertilizer and being towed by the towing vehicle” since the towed vehicle is not capable of being towed by itself (the towed vehicle).
(claim 6, lines 4-5) “a pair of forward longitudinally extending foldable arms carrying a series of clearing and planting assemblies” should be changed to “a pair of forward longitudinally extending foldable arms carrying a series of clearing and planting assemblies and extending laterally away from the farm machine” since the arms extend laterally away from the farm machine during operation.
(claim 6, line 12) “which extend substantially the width of the steerable towed vehicle” should be changed to “which extend substantially the width of the farm machine”.
Appropriate correction is required.
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 16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matousek et al. (US 10,492,363).
As concerns claim 16, Matousek shows an improved tractor (10) comprising: a forward wheeled module (12), and a rear wheeled module (14) located behind the forward module (Fig. 1-3) and carrying tanks (28, 46, 48), wherein the forward wheeled module is steered by the rear wheeled module (Fig. 6 & 9; col 2, ln 36-38; col 4, ln 32-33) when planting seed in the field (it has been held that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.).
As concerns claim 18, Matousek shows wherein the tractor comprises a harvester (10).
Allowable Subject Matter
Claims 1-15 are allowed over the prior art of record.
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) a farm machine, which comprises: (a) a towing vehicle carrying at its front a pair of laterally extending and foldable arms supported by caster wheels and extending laterally away from the towing vehicle, each laterally extending and foldable arm carrying a series of planting assemblies comprising: (i) a cutting assembly for chopping crop residue; (ii) a trench forming assembly for forming seed trenches; (iii) a seed sowing assembly for sowing seed in the trench; and (iv) a packer assembly for tamping down the seeded trench; (b) a steerable towed vehicle carrying seed and fertilizer and being towed by the towing vehicle; and (c) a laterally extending arm supporting additional of the planting assemblies being carried by the towed vehicle and extending substantially the width of the towing vehicle.
b) a single pass method for clearing a field planted with a crop and planting fertilized seed, which comprises the steps of: (a) driving over the field with a farm machine equipped at a front end with a pair of forward longitudinally extending foldable arms carrying a series of clearing and planting assemblies and extending laterally away from the farm machine; (b) supplying seed and fertilizer from a steerable towed vehicle being towed by the farm machine to the clearing and planting assemblies; and (c) supplying seed and fertilizer from the steerable towed vehicle to a rear laterally extending arm supporting additional clearing and planting assemblies equipped at a back end of the steerable towed vehicle and which extend substantially the width of the farm machine.
c) an improved tractor, wherein the improved tractor comprises: a forward structural framework carried by the improved tractor; a pair of laterally extending arms having ends and forwardly carried by the improved tractor, wherein a laterally extending arm of the pair of laterally extending arms is carried by the forward structural framework at a first end and a second end of the forward structural framework; a cutting blade assembly carried by each laterally extending arm of the pair of laterally extending arms, wherein the cutting blade assembly is not carried by the forward structural framework; and a pair of caster wheels located about the laterally extending arm ends, wherein the pair of laterally extending arms are foldable inwardly for turning of the improved tractor.
Response to Arguments
Applicant’s arguments, filed 04/14/2026, with respect to claims 16 and 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments, filed 04/14/2026, with respect to the previous rejection of claims 1-15 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
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 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. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW R BUCK/Primary Examiner, Art Unit 3672
Prosecution Insights