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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 41-42 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention:
New claims 41-42 require wherein the plurality of couplings extend at an angle of less than 45 degrees relative to the first direction. However, there is no support for such an angle in the original disclosure. Instead, at the end of paragraph [0061], there is only discussion of an angle of 0 to 15 degrees. The claims therefore comprise new subject matter.
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) 21, 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giesen et al. DE 19723137 A1.
Independent Claim 21: Giesen discloses a seed dispersion unit comprising:
A J-tube (unnumbered, seen in Fig. 1) having a hollow tube configured to convey a plurality of seeds from an inlet of the J-tube (beneath tank 2) to a central dispersion point (at 5) at an outlet of the J-tube (at the top of the J-tube);
a base (see annotated Fig. 2 below) extending outward from the central dispersion point to a plurality of couplings (7); and
a plurality of secondary conduits (6) coupled to and extending from the plurality of couplings and configured to convey the plurality of seeds from the J-tube;
wherein the J-tube includes a first portion (the horizontal portion seen in Fig. 1) extending from the inlet of the J-tube to an elbow (the bend of the tube in Fig. 1) and a second portion (the vertical portion) extending in a first direction (a vertical direction) from the elbow to the outlet of the J-tube;
wherein the plurality of couplings extend from the central dispersion point at an angle of less than 90 degrees relative to the first direction (as seen in Fig. 2, the couplings extend relative to the first direction at an angle of about 45 degrees):
wherein the central dispersion point includes a conical wall (see annotated Fig. 2 below) configured to direct impinging seeds of the plurality of seeds towards the plurality of secondary conduits, as per claim 21.
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Dependent Claims 23-24: Giesen further discloses wherein the inlet of the J-tube (beneath tank 2, as seen in Fig. 1) is located below the outlet of the J-tube (at the top of the vertical portion of the J-tube, see annotated Fig. 2 above) such that the seed dispersion unit is configured to convey the plurality of seeds upwards from the inlet of the J-tube to the outlet of the J-tube, as per claim 23;
wherein a diameter of the J-tube (as seen in Figs. 1-2) is greater than a diameter of a conduit (6) of the plurality of secondary conduits (these relative diameters are shown in Figs. 1-2), as per claim 24.
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) 22, 25-26, 32-37, 41-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giesen et al. in view of Henry US 2016/0157418 A1.
Dependent Claims 22, 25-26, 41: The seed dispersion unit is disclosed as applied above.
However, Giesen fails to disclose wherein the plurality of secondary conduits are spaced apart about a periphery of the central dispersion point at substantially even intervals, as per claim 22;
wherein the hollow tube of the J-tube includes a plurality of dimples impressed therein, wherein the dimples are configured to tumble the plurality of seeds conveyed through the J-tube, as per claim 25;
wherein the plurality of dimples are impressed into the second portion of the J-tube, as per claim 26;
wherein the plurality of couplings extend from the central dispersion point at an angle of less than 45 degrees relative to the first direction, as per claim 41.
Henry discloses a similar seed dispersion unit wherein the plurality of secondary conduits (118, 40) are spaced apart about a periphery of the central dispersion point (112) at substantially even intervals (see Fig. 6B), as per claim 22;
wherein the hollow tube (110) of the J-tube (also 110) includes a plurality of dimples (116) impressed therein, wherein the dimples are configured to tumble the plurality of seeds conveyed through the J-tube, as per claim 25;
wherein the plurality of dimples (116) are impressed into the second portion of the J-tube (Figs. 2-4), as per claim 26.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide Henry’s dimples to the J-tube of Giesen in order to provide a controlled degree of turbulence in the upwardly moving air flow through the J-tube vertical portion.
Regarding claim 41, while Giesen appears to show an angle of about 45 degrees, Giesen does not explicitly disclose an angle of less than 45 degrees relative to the first direction. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to angle the couplings relative to the first direction at an angle of less than 45 degrees since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Independent Claim 32: Giesen discloses a seed dispersion unit comprising:
A J-tube (unnumbered, seen in Fig. 1) having a hollow tube configured to convey a plurality of seeds from an inlet of the J-tube (beneath tank 2) to a central dispersion point (at 5) at an outlet of the J-tube (at the top of the J-tube);
a base (see annotated Fig. 2 below) extending outward from the central dispersion point to a plurality of couplings (7):
a plurality of secondary conduits (6) coupled to and extending from the plurality of couplings and configured to convey the plurality of seeds from the J-tube; and
wherein the J-tube includes a first portion (the horizontal portion seen in Fig. 1) extending from the inlet of the J-tube to an elbow (the bend of the tube seen in Fig. 1) and a second portion (the vertical portion) extending in a first direction (a vertical direction) from the elbow to the outlet of the J-tube: and
wherein the plurality of couplings extend from the central dispersion point at an angle of less than 90 degrees relative to the first direction (as seen in Fig. 2, the couplings extend relative to the first direction at an angle of about 45 degrees), as per claim 32.
However, Giesen fails to disclose a pressure sensor located centrally between the plurality of secondary conduits above the central dispersion point and configured to measure a pressure within the J-tube, as per claim 32.
Henry discloses a similar seed dispersion unit comprising a pressure sensor (160) located centrally between the plurality of secondary conduits (40, see Figs. 3-4) above the central dispersion point (112) and configured to measure a pressure within the J-tube (110), as per claim 32.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide Henry’s pressure sensor to the seed dispersion unit of Giesen in order to provide a controlled pressure feedback loop that equalizes air flow pressure and optimizes flow consistency to each of the row units.
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Dependent Claims 33-37, 42: Henry further discloses wherein the pressure sensor (160) is configured to measure the pressure within the J-tube (110) adjacent the central dispersion point (112, given the location of sensor 160 it can be seen that the pressure of the primary line 32/conveyor line 110 will be measured at the part of 110 nearest 112), as per claim 33;
wherein the pressure sensor (160) is located within a chamber (interior of 112) separate from the hollow tube (also 110) of the J-tube, wherein a lower surface (142) of the chamber defines the central dispersion point (112), as per claim 34;
wherein the inlet (110b) of the J-tube (110) is located below the outlet (110b) of the J-tube such that the seed dispersion unit is configured to convey the plurality of seeds upwards from the inlet of the J-tube to the outlet of the J-tube, as per claim 35;
wherein a diameter of the J-tube (110) is greater than a diameter of a conduit (118, 40) of the plurality of secondary conduits (see Fig. 4), as per claim 36;
wherein the hollow tube (110) of the J-tube (also 110) includes a plurality of dimples (116) impressed therein, wherein the dimples are configured to tumble the plurality of seeds conveyed through the J-tube, and wherein the plurality of dimples are impressed into the second portion of the J-tube (see Figs. 3-4), as per claim 37.
Regarding claim 42, while Giesen appears to show an angle of about 45 degrees, Giesen does not explicitly disclose wherein the plurality of couplings extend from the central dispersion point at an angle of less than 45 degrees relative to the first direction, as per claim 42.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to angle the couplings relative to the first direction at an angle of less than 45 degrees since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Claim(s) 29-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giesen et al. in view of Henry and Johnson et al. CA 2980423 A1.
Dependent Claims 29-31: The seed dispersion unit is disclosed as applied above. However, Giesen fails to disclose a pressure sensor positioned within a chamber in fluid communication with the J-tube and the plurality of secondary conduits, wherein the plurality of secondary conduits are configured to convey the plurality of seeds from the J-tube to respective metering units downstream of each conduit of the plurality of secondary conduits, wherein the pressure sensor is programmed to provide an output, and wherein the output is indicative of how many of the plurality of metering units are configured to receive more seeds from the plurality of seeds, as per claim 29;
wherein a lower surface of the chamber defines the central dispersion point, as per claim 30;
wherein the chamber is located centrally between the plurality of secondary conduits, as per claim 31.
Henry discloses a similar seed dispersion unit comprising a pressure sensor (160) positioned within a chamber (interior of 112) in fluid communication with the J-tube (110) and the plurality of secondary conduits (118, 40), wherein the plurality of secondary conduits are configured to convey the plurality of seeds from the J-tube to respective row units downstream of each conduit of the plurality of conduits, wherein the pressure sensor is programmed to provide an output (170), wherein the output is indicative of how many of the plurality of metering units are configured to receive more seeds from the plurality of seeds (see the final six lines of para. [0052]), as per claim 29;
wherein a lower surface (142) of the chamber (interior of 112) defines the central dispersion point (112), as per claim 30;
wherein the chamber (interior of 112) is located centrally between the plurality of secondary conduits (118, 40, as seen in Figs. 3-4), as per claim 31.
Johnson discloses a similar seed dispersion unit (26) wherein the row units (20) downstream of the dispersion unit comprise metering units (para. [0003], lns. 6-10), as per claim 29.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide Henry’s pressure sensor to the seed dispersion unit of Giesen in order to provide a controlled pressure feedback loop that equalizes air flow pressure and optimizes flow consistency to each of the row units.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the metering units of Johnson in the row units of Giesen and Henry in order to provide metered seed at a desired seed spacing.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giesen et al. in view of Hubalek et al. WO 2012/170690 A2.
Dependent Claim 27: The seed dispersion unit is disclosed as applied above. However, Giesen fails to disclose an annular ring configured to support the plurality of secondary conduits such that the plurality of secondary conduits drape over the annular ring, as per claim 27.
Hubalek discloses a similar seed dispersion unit comprising an annular ring (118, Fig. 5) configured to support the plurality of secondary conduits (56, 35) such that the plurality of secondary conduits drape over the annular ring, as per claim 27.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the annular ring of Hubalek on the seed dispersion unit of Giesen in order to retain the couplings and secondary conduits at fixed angular distances from each other.
Response to Arguments
Please see the updated art rejection above in response to applicant’s claim amendments.
Allowable Subject Matter
Claims 28, 38 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Torres whose telephone number is 571-272-6997. The examiner’s fax number is 571-273-6997. The examiner can normally be reached Monday through Friday from 9:00 a.m. – 5:30 p.m EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca, can be reached at (571) 272-8971.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the group receptionist whose telephone number is 571-272-3600. The fax number for this Group is 571-273-8300.
/Alicia Torres/Primary Examiner, Art Unit 3671 January 28, 2026