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 .
Drawings
The drawings are objected to because:
Figures 3, 4, 6A, 6B, 6C and 10 each show multiple views, which have not been labeled separately. See 37 C.F.R. 1.84(h)(1)(2).
The section lines shown in Figures 5A and 11A are improperly labeled. 37 C.F.R. 1.84(h)(3).
Each of the lines, numbers and letters shown in Figures 1-11B are not clean and well-defined, so as to permit adequate reproduction. See 37 C.F.R. 1.84(l).
Figures 5B(1) and 5B(2) are improperly labeled. See 37 C.F.R. 1.84(u).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because it (a) includes minor grammatical errors, (b) includes misspellings, and (c) refers to purported merits of the invention.
On line 2, change “unmanned Ground Vehicle” to --an unmanned ground vehicle--.
On lines 3-4, change “cover them after penetration ” to --covers them after deposit--.
On line 4, change “hoper” to --hopper--.
On line 5, change “to ground” to --to the ground--.
On line 11, “free of wheel or track slippage” refers to purported merits of the invention. Delete the language, or insert structural details to support the capability. See MPEP 608.01(b).
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 103
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 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.
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(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (KR 101478192 B1) in view of Cohen et al. (US 4,336,760 A).
CLAIM 1 Yang et al. ‘192 (“Yang”) discloses a planting system comprising:
a stinger (400 and 600, collectively) configured to create an opening in the ground, deposit a seedball in the opening and to cover the seedball after its deposit, the stinger comprising:
a first part (400) comprising a solid hollow channel disposed between a first end and a second end, the first end, the hollow channel and the second end forming a path of unobstructed fall movement of the seedball from the first end to the second end; and
a second part (600) comprising a pair of shovels (601), each of the pair of shovels having an arm and a tip, the arms are coupled to one another (via 604) and to a section of the first part near the second end forming a pivoting point (603), wherein the arms are pivotally movable about the pivoting point to form one of a closed configuration and an open configuration, wherein in the closed configuration (Fig. 4b), the tips of the pair of shovels form a complementing shape to cover and block the path of the second end, and in the open configuration (Fig. 4c), the tips depart from each other to uncover and clear the path of the second end; and
wherein the stinger is configured to receive the seedball at the first end in the closed configuration and create an opening in the ground, switch to the open configuration to deposit the seedball into the opening through the second end and exit the ground, and to cover the deposited seedball with soil from the ground.
Yang fails to teach a rotating platform. Cohen et al. ‘760 (“Cohen”) shows (Figs. 4, 9) a planting system comprising a rotating platform (144), to which a ground opener (111) is securely coupled and is rotatable in a vertical plane, with the tips (111)of the ground opener pointing away from the rotating platform. It would have been obvious for one having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the prior art stinger (Yang, 400, 600) such that it would have been securely coupled to a rotating platform (Cohen, 144), as suggested by Cohen. The motivation for making the modification would have been to enhance ground penetration with the addition of means for rotating the tips in the closed configuration to penetrate the ground, and to have done so with a reasonable expectation of success.
CLAIM 2 In the combination of Yang and Cohen, the stinger (Yang, 400, 600) further comprises biasing means (Yang, 604) coupled to each arm (Yang, top portion of 604) for maintaining the coupled arms in the closed configuration, wherein the stinger is configured to switch to the open configuration when external pressure is applied to the biasing means.
CLAIM 3 In the combination of Yang and Cohen, the rotating platform (Cohen, 144) is coupled to a pulley (Cohen, 143) that is rotated through a belt (Cohen, 145) by a motor (Cohen, 140), wherein the pulley and the motor are fixed to a frame (Cohen, 103; Yang, 100), and wherein rotation movement of the pulley and the stinger (Yang, 400 and 600) are directly related.
CLAIM 4 In the combination of Yang and Cohen, the planting system further comprises a tube (Yang, 101) having:
an end coupled to the first end of the stinger (Yang, Fig. 4b);
an opening in the tube for receiving the seedball; and
a pusher (Yang, 200) for sliding inside (Yang, 200 along its periphery) the tube to push the seedball inside the tube to the first end of the stinger.
CLAIM 5 In the combination of Yang and Cohen, neither reference teaches sensors. However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have disposed sensors on the frame (Cohen, 103; Yang, 100) along the rotating path of the stinger (Cohen, 400, 600), since the examiner takes Official Notice of the use of sensors for detecting ground openers and motors, and for controlling movement of the ground openers based on data received from the sensors. The motivation for making the modification would have been to include means for improving the energy efficiency of the planting operations, and to have done so with a reasonable expectation of success.
Allowable Subject Matter
Claims 6-19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Culley (US 2004/0050310 A1) shows a planting system (Fig. 5) comprising a pair of interconnected shovels.
Zhou (CN 108076744 A) discloses an automated planting system.
Liu et al. (CN 112544172 A) disclose a planting system (Fig. 1) comprising a pair of digging shovels (10) securely coupled to a rotating platform (3) that is rotatable in a vertical plane, wherein the tips of the shovels point away from the rotating platform.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. 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, 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.
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.
/TARA MAYO/Primary Examiner, Art Unit 3671
/tm/
03 January 2026