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 § 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) 23-24, 29-32, 34, 37, 39-41 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scheideler (9,578,798).
Regarding claims 23 and 39, Scheideler discloses a singulating device and method for singulating granular material in an agricultural implement, comprising:
A metering member (40), which is movably arranged in a meter chamber and which presents a plurality of through holes (41), which are arranged along a direction of movement of the metering member
Wherein the through holes are provided as at least one first row of holes (42) and at least one second row of holes (43), said rows of holes extending in parallel along the direction of movement (Figure 2b),
Said rows of holes being spaced from each other in a direction perpendicular to the direction of movement (Figure 2b)
Said singulating device being connectable to a pressurization device (Column 4 lines 55-57), for providing a pressure difference across the metering member, sufficient to cause granules of the material to attach to the metering member at the holes (column 4 lines 45-54), and
An excess material pickup prevention device (18),
Wherein the excess material pickup prevention device (18) is operable only in an area radially between said rows of holes (Figure 2b)
Regarding claims 24 and 40, the excess material pickup prevention device comprises a continuous ridge arranged on the metering member radially between said rows of holes (contacts the metering member, therefore it is “arranged on”).
Regarding claim 29, the excess material pickup prevention device (18) is formed as an interference device which extends towards the metering member.
Regarding claims 30 and 41, the interference device (18) has an elongate cross section presenting a length and a width, wherein the interference device (18) is mounted pivotably about an axis that is perpendicular to the cross section (Figure 3a).
Regarding claims 31 and 32, the interference device has an elongate cross section presenting a length and a width, wherein the length of the cross section is shorter than a distance by which the rows of holes are spaced from each other in the direction perpendicular to the direction of movement and less a maximum diameter of one of the holes.
Regarding claim 34, Scheideler also discloses an actuator (36) for an adjustment device (23)which is operatively connected to the interference device, for controlling a relative position of the interference device and the metering member.
Regarding claim 37, the singulating device is connected to a source of pressurized air, providing an air pressure greater than ambient air pressure.
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) 26 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheideler (9,578,798).
Regarding claims 26 and 33, Schneideler discloses the invention as described above, but fails to specifically disclose dimensions of the ridge member. It would have been an obvious matter of design choice to adjust the radial extent of the ridge member, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim(s) 35, 38 and 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheideler (9,578,798) in view of Official Notice.
Regarding claims 35 and 42, Scheideler discloses the invention as described above including an actuator (33) for adjusting the interference device. Scheideler fails to specifically disclose a sensor and controller mechanism for automatic adjustment. The examiner takes Official Notice that it is old and well known in the art to utilize sensor/controller arrangements to monitor and control seed dispersement in a metering device. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a sensor and controller in Scheideler to automatically monitor and adjust the interference device to control the amount of seed metered by the metering device.
Regarding claim 38, Scheideler discloses a singulating device as described above but fails to specifically disclose multiple output units on the frame, each with a singulating device as described above. The examiner takes Official Notice that it is old and well known in the art to utilize multiple row units on a frame to plant multiple rows at a time. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize multiple singulating units on a row unit frame to plant multiple rows simultaneously.
Allowable Subject Matter
Claims 25, 27-28 and 36 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. Lundie et al. (5,170,909) discloses interference ridges including that the ridges can be utilized when there are multiple rows of seed holes, but fails to disclose that the ridges are only operable between the rows of seed holes. Scott (691,877) discloses a perforated grain disc with an interference brush with bristles, but fails to disclose that the brush only operates between the seed hole rows.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671