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 .
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.
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.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuk (KR1303217) in view of Kelley et al. (3,294,045).
Regarding claim 1, Kuk discloses a seedfilm supply apparatus comprising:
A cutting (210) and adhesion unit (26a) configured to form germination gaps for seed attachment in a biodegradable film supplied from a mulch film supply unit (24) (translation – pgph 0051)
A seed supply unit (28a) configured to feed seeds into the germination gaps formed through the cutting and adhesion unit (translation – pgph 0048, 0051); and
a mulch film laying unit (30) configured to lay the biodegradable film having seeds attached thereto on a foreign land and cover the biodegradable film with soil by a soiled tiller unit (35) (translation – pgph 0060)
wherein the cutting and adhesion unit includes a cutting actuator (212) and adhesive supply unit coupled to the cutting blade unit to supplied adhesive, and an adhesion roller (26b) configured to transport the adhesive supply from the case of supply unit (26a) to the germination gaps formed in the biodegradable film (pgph 0048)
While Kuk discloses the invention as described above, it fails to disclose that the actuator is connected to the cutting member via a pivot plate. Like Kuk, Kelley also discloses a cutting member for creating holes on a seed tape for the placement of seeds. Unlike Kuk, Kelley discloses the use of an actuator connected to a pivot plate (21) holding the cutting member (23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize an actuator that utilizes a pivot plate in Kuk as taught by Kelley as a simple substitution of one known element for another to obtain predictable results (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)) as both the actuator of Kun and the actuator and pivot plate of Kelley are performing the same function.
Regarding claim 3, the combination discloses that the adhesive supply unit includes an adhesive supply body (26a), an adhesive supply line (see funnel shaped element – Figure 2) disposed below the adhesive supply body to act as a movement path of the adhesive, and a roller ball (see unnumbered pressure roller in Figure 2) attached to a lower end of the adhesive supply line.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuk (KR1303217) in view of Kelley et al. (3,294,045) as applied to claim 1 above and further in view of Becker et al. (2009/0320955).
Regarding claim 2, the combination discloses that the seed supply unit includes a seed supply hopper (28a to transport the seeds to the germination gaps formed in the biodegradable film, a seed collection hose (222) connected to an upper part of the seed supply hopper (Figure 2) to collect seeds falling off from the germination gaps formed in the biodegradable film and a seed bowl disposed at a lower end of the seed collection hose to temporarily store the seeds leaking from the germination gaps formed in the biodegradable film (Figure 2, pgph 0056).
While the combination discloses the invention as described above, it fails to specifically disclose a hose and nozzle extending from the seed supply hopper for placing the seeds on the seed tape in the gaps. Like the combination, Becker also discloses a device for placing seeds including on seed tape (pgph 0040). Unlike the combination, Becker discloses utilizing a hose (206) and nozzle (210) to place seeds which would provide better spacing control and reduce skips/doubles. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a hose/nozzle for placing seeds in the gaps disclosed by the combination as taught by Becker as the use of a known technique to improve similar devices in the same way (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuk (KR1303217) in view of Kelley et al. (3,294,045) as applied to claim 1 above and further in view of Green & Seed Corp (KR10-2146153B1).
Regarding claim 4, the combination discloses the invention as described above including laying material (52) below the laid seed tape (pgph 0064). The combination fails to disclose laying a drip irrigation hose below the seed tape. Like the combination, Green & Seed Corp also discloses a seed film laying apparatus. Unlike the combination, Green & Seed Corp further discloses laying a drip hose (From holder 1200) below the seed film (pgph 0032). IT would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to lay a drip hose beneath the seed film of the combination as taught by Green & Seed Corp to allow for precise application of fertilizer/irrigation as the use of a known technique to improve similar devices in the same way (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CA976076 also discloses a seed tape manufacturing device that utilizes hoses and nozzles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671