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 § 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.
Claim 15 is 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. Claim 15 depends from claim 1 and discloses “at least one second hydraulic actuating means.” This is unclear since the “at least one first hydraulic actuating means” is only disclosed in claim 14. For purposes of examination it is assumed that claim 15 should depend from claim 14, however clarification is required.
Claim 27 is 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. Claim 27 depends from claim 1 and discloses “a second hydraulic actuating means.” This is unclear since neither claim 27 nor claim 1 discloses a first hydraulic actuating means. Clarification is required. The claim has not been examined on the merits.
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.
Claim(s) 1, 7, 11, 13, 22-23, 28-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bohner (EP3387890) (cited by applicant).
Regarding claim 1, Bohner discloses a soil cultivation device for mechanical weed control in rows of cultivated plants (figures 2a-b and 3a-d) comprising:
A frame (18) attachable to a tractor for movement along a traveling direction (24)
At least one processing unit (56, 58) attached to the frame
Wherein the at least one processing unit has at least one tool carrier unit (40) with at least one soil cultivation tool (34,38) arranged on the at least one tool carrier unit (40)
Wherein at least one deflecting means (60) is provided for deflecting the at least one tool carrier unit wherein a deflection of at least a partial region of the at least one tool carrier unit in at least a direction transverse to the traveling direction can be realized with the aid of the at least one deflecting means (pgph 0085)
Wherein the soil cultivation devices has at least one drive means (42) for driving the at least one tool carrier unit
Wherein the at least one soil cultivation tool can be moved on an endlessly circulating path (the rotation of the rotors 40) due to a movement of the at least one tool carrier unit wherein the at least one drive means for driving the at least one tool carrier unit is configured in such a way that the at least one tool carrier unit can be moved with a speed, which is adapted to the speed of the tractor in the traveling direction in such a way that at least one soil cultivation tool engages into regions between two successive cultivated plants of a row of cultivated plants (pgph 0015-0018) wherein the at least one soil cultivation tool can be moved in a tool direction in a section of the endlessly circulating path near the ground, wherein the tool direction is at an angle relative to the traveling direction and wherein the angle is between 90° and 180° (Figure 3d)
Wherein the at least one tool carrier unit forms a circular disk, wherein the at least one drive means for driving the at least one tool carrier unit is a drive means for driving the circular disk, wherein the circular disk is set in rotation by the drive means, wherein the at least one deflecting means for deflecting the at least one tool carrier unit is a deflecting means for deflecting the circular disk, wherein the circular disk can be deflected in a direction transverse to the traveling direction by the deflecting means
Wherein the deflection of the circular disk can be realized in such a way that the circular disk is at an angle relative to the traveling direction between 90° and 180° and wherein the tool direction angle equals the circular disk relative to the traveling direction angle (depending on the degree of deflection realized by elements 60)
Wherein a circular guide disk is provided, wherein the at least one soil cultivation tool is guided by a recess provided in the circular guide disk (Figure 11a – recesses between circular disk sections of the circular guide disk)
Regarding claim 7, a plurality of the soil cultivation tools are arranged on the at least one tool carrier unit a constant distance from one another (Figures 1d, 3d, 4d).
Regarding claim 11, there is a plurality of processing units (56,58) with a plurality of tool carrier units (40) arranged on the frame.
Regarding claim 13, the soil cultivation tools are harrow tines or cultivator sweeps.
Regarding claim 22, the at least one drive means (42) for driving the at least one tool carrier unit is an electric or hydraulic drive that can be activated by means of a control device (pgph 0082).
Regarding claim 23, the at least one processing unit (56,58) has two tool carrier units (40).
Regarding claims 28-29, the angle alpha/beta satisfies a condition 120° < alpha/beta < 180°. (location/orientation clarification is necessary. Since no location/orientation is provided, alpha/beta meets this claim depending on the viewpoint/location of the observer).
Allowable Subject Matter
Claim 8, 14-15, 17, 25 is 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. Conner (3,371,722) discloses a weeder with rotating tool carrier units. Conner (3,369,613) discloses harrow tines extending through recesses in a disc.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671