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 .
Election/Restrictions
Applicant’s election of Group I, encompassing claims 1 and 2, in the reply filed on 6/8/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claims 1-2 are objected to because of the following informality: the claims are replete with grammatical errors. Appropriate correction is required.
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 1-2 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.
Claim 1 recites the limitation "the agriculture work area" in lines 8-9. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 is rejected as being dependent on claim 1.
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 –
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heider (U.S. 3,356,270), hereinafter referred to as Heider.
As to claim 1, Heider discloses a method of preparation of agriculture materials in which at first in mobile capacity (wagon has portable capacity, column 5, line 46 and Figure 2) which have at least one separating wall (partition wall 22, Figure 1), which separates capacity to at least two capacities (first and second bins 14 and 16, Figure 1), inserting seeds different from each other plants in way, that every aforementioned capacity contains one certain type of seeds, either inserting different from each other fertilizers in a way, that every aforementioned capacity contains one certain type of fertilizers, or inserting seeds and fertilizers in a way that seeds and fertilizers remains in different aforementioned capacities (plural materials stored, selected from corn, soybeans, fertilizer, column 2, lines 29-32), then moving aforementioned mobile capacity with at least one separating wall to the agriculture work area (wagon is towed by agricultural tractor, column 2, lines 24-26), afterwards with the help of apertures with adjustable closing (adjustable closing of apertures via cover means 28-29, column 2, lines 62-69), which located in lower part of every aforementioned capacities (see Figures 1-2), controlling backlash created by aforementioned apertures with adjustable closing, gradually moving content simultaneously at least two aforementioned capacities in movement device that working, and located under aforementioned apertures with adjustable closing, farther with at least one movement device, moving content at least two mobile capacities in destination point, while mixing in process of movement this content in necessary proportions, prescribed aforementioned adjustable backlash (see column 2, lines 7-11).
As to claim 2, Heider discloses the method wherein in addition, that according to types of seeds and/or fertilizers adjusting settings of backlashes, created by aforementioned apertures with adjustable closing in a way, that every single backlash allowed to move certain volume of seeds or fertilizers in time unit in movement device that working (cover means 28 and 29 opened or closed in varying amounts for mixing and blending purposes, column 5, lines 37-40) .
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Abbas Rashid whose telephone number is (571)270-7457. The examiner can normally be reached 9 AM to 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexa Neckel can be reached at (571) 272-2450. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Abbas Rashid/ Supervisory Patent Examiner, Art Unit 1748
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