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 Amendment
The submission entered October 16, 2025 in response to an Office Action mailed June 18, 2025 is acknowledged.
Claims 1-18 are pending. Claim(s) 1, 2-5, 8-15 is/are currently amended. Claim(s) 18 is/are newly presented.
The objections to the drawings presented in the Office Action listed above are hereby withdrawn. The drawings of October 16, 2025 are acceptable.
The rejection(s) of claim(s) 8-12, 14, 15 under 35 U.S.C. 112 as presented in the Office Action listed above are hereby withdrawn.
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 5, 13 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.
Regarding Claim(s) 5, the claim lacks antecedent basis for “each individual material reception section”. These limitations have not been previously set forth in claim 5 or claim 1. Claim 5 is indefinite because the relationship of these recitations to the rest of the claimed structure is unclear.
Claim 13 is rejected as being dependent upon a rejected base claim.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 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.
New art to Hui et al. and Crucianelli is provided to disclose the amended subject matter in claims 1 and 8. Further, Crucianelli is considered to disclose the subject matter of claims 9-15. As the new rejections of claims 9-15 are not necessitated by applicant’s amendment, this action is considered non-final.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pederson et al. (USPN 11457555) in view of Hui et al. (USPN 10306825).
Regarding Claim(s) 1, Pederson et al. teaches a mechanical-pneumatic meter of solid materials for agricultural machines and implements, which is coupled to or mounted on the lower part of a hopper (tank 62) that contains one or more materials to be metered (in compartments 64-70) and has in its lower part at least two unloading openings or outlets that are selectively shutterable by means of respective guillotines (gates 121, openings or outlets are implied by the presence of gates), wherein the meter comprises: at least a main body (80) that has at least two inner housings (120a-e) for the material reception, each of which coincides and communicates with each corresponding unloading opening or outlet of the hopper; at least a hollow cylindrical body (170) arranged within each housing and having a plurality of pairs of loading (178a) and unloading (178b) openings; at least a gear train (meter wheels 128) mounted within each cylindrical body; and at least a lower compartment in operative communication with said unloading openings of said cylindrical bodies, in communication with at least one turbine (fans 110) through a manifold (plenum 104), and in communication with some material unloading tubes or ducts (lines 102). Pederson et al. fails to teach the manifold has at least one lateral unloading duct in operative communication with the hopper. Hui et al. (USPN 10306825) teaches a manifold (plenum 36) having a lateral unloading duct (42) in operative communication with a hopper (tank 26) to pressurize the hopper to improve seed dispersal [Col. 6:23-33]. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide at least one lateral unloading duct in the manifold in operative communication with the hopper in order to pressurize the tank to improve seed dispersal.
Regarding Claim(s) 5, Pederson et al. teaches (as best understood) each of said loading openings defined in each cylindrical body is arranged in coincidence with each individual material reception section (see Figure 11).
Regarding Claim(s) 6, each gear train comprises a plurality of gears (meter wheels 128), each of which is separated from each other by means of a pair of adjacent flat discs (129) so that each gear is in coincidence with each individual material reception section of the housings and with each pair of corresponding loading and unloading openings of the cylindrical body.
Regarding Claim(s) 7, each set of gears and flat discs is mounted on a hexagonal drive shaft (130), and each hexagonal shaft is actuated through a drive mechanism (a drive mechanism would be necessary for the meter wheels to operate).
Claim(s) 2-4, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pederson et al. in view of Hui et al. as applied to claim 1 above, and further in view of Neumeyer (USPN 4779765).
Regarding Claim(s) 2, Pederson et al. teaches the main body comprises: at least respective circular openings (144a, 144b) arranged in at least one face of said main body. Pederson et al. fails to teach a prismatic rectangular shape; at least one pressurized air inlet or entrance opening and at least one outlet or exit opening in operative communication with said unloading ducts, said inlet and outlet are longitudinally located along respective opposite parallel faces of said main body and in coincidence with said lower compartment; the circular openings are perpendicular to the parallel faces where said inlet or entrance opening and outlet or exit opening are located; and at least an inner partition wall that separates said material reception housings. Neumeyer (USPN 4779765) teaches a meter having a main body (12,14, 28) having a prismatic rectangular shape (chamber 28), at least one pressurized air inlet or entrance opening (where hose 92 connects to the chamber 28) and at least one outlet or exit opening in operative communication with said unloading ducts (connector 102 connecting to conduit 36), said inlet and outlet are longitudinally located along respective opposite parallel faces of said main body and in coincidence with said lower compartment (as seen in Figure 2) and an inner partition wall (68). Figure 2 shows the metering roll being perpendicular to the parallel faces of the lower compartment (chamber 28). It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to include a prismatic rectangular shape; at least one pressurized air inlet or entrance opening and at least one outlet or exit opening in operative communication with said unloading ducts, said inlet and outlet are longitudinally located along respective opposite parallel faces of said main body and in coincidence with said lower compartment; the circular openings are perpendicular to the parallel faces where said inlet or entrance opening and outlet or exit opening are located; and at least an inner partition wall that separates said material reception housings. This would be since the elements were known in the art and one of ordinary skill, using known methods, could have combined the elements and achieved predictable results.
Regarding Claim(s) 3 and 4, Pederson et al. teaches each housing is divided or sectioned by a plurality of inner walls (146a, 146b) or plates that define a plurality of individual material reception sections, each individual material reception section of each housing being in linear coincidence with each individual material reception section of the other adjoining housing (as illustrated). Pederson et al. fails to teach each housing is also provided with a lower slanted wall that directs the material to said loading openings of the cylindrical body. Neumeyer teaches a slanted wall (Figure 2 shows slanted walls) to direct material to the metering rolls. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide a slanted wall in order to direct the material to the loading openings.
Regarding Claim(s) 18, Pederson et al. teaches each of said plurality of inner plates or walls of each housing has a central opening or hole (144a,144b) arranged in longitudinal alignment with each respective circular opening made in one of the faces of the main body, in such a way that all of the central holes of each of said plurality of inner plates or walls and circular opening arranged in alignment to define a geometric space for mounting said cylindrical bodies. Figures 7-11 show the housings and the holes for receiving the cylindrical bodies.
Claim(s) 8, 10-12, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pederson et al. in view of Hui et al. and Neumeyer as applied to claim 2 above, and further in view of Crucianelli (USPN 11730080).
Regarding Claim(s) 8, Pederson teaches the limitations described above, yet fails to teach said manifold having a polyhedron structure with an inlet connected to said turbine through a flange and an outlet connected to the air inlet of the main body. Crucianelli (USPN 11730080) teaches a manifold (distributor 11) having a polyhedron structure (walls 20, floor 21 and roof 22) with an inlet connected to said turbine through a flange (shown in Figure 2 at inlet 18) and an outlet connected to an air inlet of a main body (shown in Figure 4 where walls 20 and floor 21 and meet structure before partition 23, with conduits 24 and channel 28 forming the air inlet). Further, a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide a manifold having a polyhedron structure with an inlet connected to said turbine through a flange and an outlet connected to the air inlet of the main body in order to distribute air to the main body. A polyhedron structure is a structure having flat faces, which would be simple to manufacture.
Regarding Claim(s) 10-12, 15, Pederson et al. teaches the limitations described above, yet fails to teach at least one control plate is provided, and said control plate is positioned between an outlet of the manifold and an air inlet of the main body. Crucianelli teaches at least one control plate (plate 37) positioned between an outlet of the manifold and an air inlet (channel 28) of the main body. The plate regulates the flow rate of air in the channel and conduits (24) [Col. 9:9-12]. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide a control plate in order to regulate the flow rate of air in the main body.
Claim(s) 9, 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pederson et al. in view of Hui et al. as applied to claim 1 above, and further in view of Crucianelli.
Regarding Claim(s) 9, 13, 14, Pederson et al. teaches the limitations described above, yet fails to teach at least one control plate is provided, and said control plate is positioned between an outlet of the manifold and an air inlet of the main body. Crucianelli teaches at least one control plate (plate 37) positioned between an outlet of the manifold and an air inlet (channel 28) of the main body. The plate regulates the flow rate of air in the channel and conduits (24) [Col. 9:9-12]. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide a control plate in order to regulate the flow rate of air in the main body.
Allowable Subject Matter
Claims 16 and 17 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM RAY HARP whose telephone number is (571)270-5386. The examiner can normally be reached Monday-Friday, 8am-5pm.
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/WILLIAM R HARP/ Primary Examiner, Art Unit 3653