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 .
Claim Rejections - 35 USC § 112
The prior rejection of CLAIM 20 under §112(b) has been overcome by the response filed 14 April 2026, wherein Applicant deleted the indefinite claim language.
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.
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.
CLAIMS 1-6, 8, 9, 15-17 AND 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Landphair et al. (US 2009/0050035 A1).
CLAIMS 1-6, 8 AND 9
Landphair et al. ‘035 (“Landphair”) discloses a seed disk (28) mountable within a housing of a singulating meter, the seed disk comprising:
CLAIM 1 a first side (right side, Fig. 5);
a second side (left side, Fig. 5) opposite the first side, a thickness of a disk portion of the seed disk (28) being defined between the first side and the second side (Fig. 5);
a central mounting point ([0029], 86; and Fig. 1) defining a center of rotation for the seed disk (28)(Fig. 6); and
a volumetric metering element (26) extending from the first side of the seed disk (28), away from the second side, the volumetric metering element configured to entrain a plurality of seeds ([0029]);
CLAIM 2 wherein the volumetric metering element (26) defines a bucket (61) extending outward from the first side of the seed disk (28) at a location between the center of rotation (86) and a perimeter of the seed disk, and wherein the bucket (61) is configured to entrain the plurality of seeds;
CLAIM 3 wherein the bucket (61) is a first bucket of a plurality of buckets, wherein each bucket of the plurality of buckets is equally spaced about the central mounting point of the seed disk (Fig. 7);
CLAIM 4 wherein the volumetric metering element (26) defines a paddle (63), and wherein the paddle is configured to entrain the plurality of seeds;
CLAIM 5 wherein the paddle (63) is a first paddle of a plurality of paddles (Fig. 5) extending outward from the first side of the seed disk at a location between the center of rotation and a perimeter of the seed disk, wherein each paddle of the plurality of paddles is equally spaced about the central mounting point of the seed disk;
CLAIM 6 wherein the paddle (63) extends perpendicularly from the first side of the seed disk to a ring (91) oriented coaxial with the seed disk;
CLAIM 8 the meter further comprising a housing (12) positioned about the seed disk and a rotational mount (87) rotatably coupled to the housing, wherein the rotational mount extends into the central mounting point such that the seed disk (28) is configured to rotate relative to the housing; and
CLAIM 9 wherein the seed disk (28) separates the housing (12) into a seed side and a non-seed side (Fig. 4), wherein the first side of the seed disk faces the seed side of the housing such that the volumetric metering element is configured to entrain a predetermined quantity of seeds from the seed side of the housing.
CLAIMS 15-17 AND 19
Landphair et al. ‘035 (“Landphair”) discloses an interchangeable metering assembly for metering a plurality of seeds, the interchangeable metering assembly comprising:
CLAIM 15 a support (87, or 34);
a singulating meter element (28, or 32) configured to mount to the support in a first mode of operation for singulating the plurality of seeds; and
a volumetric meter element (26, or 30) configured to mount to the support in a second mode of operation for volumetrically metering the plurality of seeds;
wherein each of the singulating meter element and the volumetric meter element is independently mountable to the same support in its respective mode of operation;
CLAIM 16 a meter housing (12), wherein the support is a rotational post, wherein the singulating meter element (28) is a singulating disk configured to rotate about the rotational post, and wherein the volumetric metering element (26) is a volumetric metering disk configured to rotate about the rotational post;
CLAIM 17 wherein the support is a bracket (36), wherein the singulating meter element is a singulating meter housing (32) configured to house a singulating disk, and wherein the volumetric metering element (30) is a volumetric meter housing; and
CLAIM 19 further comprising an outlet conduit (24) configured to direct the plurality of seeds to a ground surface, wherein the singulating meter housing is configured to direct the plurality of seeds to the outlet conduit in the first mode of operation, and wherein the volumetric meter housing is configured to direct the plurality of seeds to the outlet conduit in the second mode of operation (via gate 16).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
CLAIM 20 is rejected under 35 U.S.C. 103 as being unpatentable over Landphair et al. (US 2009/0050035 A1).
CLAIM 20 Landphair fails to teach a motor. It would have been obvious for one having ordinary skill in the art, before the effective filing date of the claimed invention, to have provided the prior art assembly with a motor programmed to actuate both the singulating meter element and the volumetric meter element, since the examiner takes Official Notice of the use of programmable motors for automating the actuation of meter elements. The motivation for making the modification would have been to enhance efficiency of a seeding operation.
Allowable Subject Matter
CLAIMS 10-14 are allowed.
CLAIMS 7 AND 18 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.
Response to Arguments
Applicant's arguments filed 14 April 2026 have been fully considered but they are not persuasive.
Independent CLAIM 1
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
In response to amendments made to CLAIM 1, the examiner revises the application of Landphair in the above rejection under §102(a)(1).
Independent CLAIM 15
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Additionally, in the Landphair assembly, each of the singulating meter element (28) and the volumetric meter element (26) is independently mountable to the same support (87).
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 TARA MAYO whose telephone number is (571)272-6992. The examiner can normally be reached Monday through Friday 8:30AM-5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached at 571-272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TARA MAYO/Primary Examiner, Art Unit 3671
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18 June 2026
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