DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of invention(s) in the reply filed on 12/9/25 is acknowledged.
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 1-15 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.
With regard to claim(s) 1, line(s) 17, “the transfer outlet(s)”, no diverter valve selectively places all transfer outlet(s) into and out of fluid communication with the transfer channel(s). The examiner suggests language reflecting something less than the full plurality, as is more correctly reflected in the language of claim(s) 16.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-7, & 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bent et al. (9,944,473).
Bent et al. (9,944,473) disclose(s):
Flow control apparatus, figure(s) 3 & 7;
Metering device 16;
Distribution system, figure(s) 1;
Agricultural product, column 1, line(s) 46;
Bypass valve, at 50 figure(s) 3 and including central pseudo-triangular member(s);
Bypass valve inlet(s) 50;
Bypass closure member(s), unnumbered, the top valve of the three vertically arranged valves, above the referenced valves 37 & 39;
Bypass conduit(s), 54 & lower right side below 39, figure(s) 3;
Transfer manifold, below 48 figure(s) 3;
Transfer channel(s), at 48 figure(s) 3;
Bypass position, substantially horizontally oriented, and as depicted figure(s) 7;
Distribution position, substantially vertically oriented, and as valves 37 & 39 are depicted figure(s) 7;
a plurality of transfer outlet(s), 34 & 36;
a plurality of pneumatic distribution line(s) 24;
at least one diverter valve 37;
bypass outlet(s), below 52 figure(s) 3;
distribution outlet(s), below 48, at the lower point of central pseudo-triangular member(s), figure(s) 3;
transfer inlet(s), between 50 & 48 , figure(s) 3;
lower transfer zone, between 39 & 80, figure(s) 3;
upper transfer zone, just below the transfer inlet(s), between 50 & 48 , figure(s) 3;
first passageway, lower 80, figure(s) 3.
Bent et al. (9,944,473) disclose(s) a flow control apparatus figure(s) 3 & 7 for an agricultural product distribution system figure(s) 1, comprising: a) a bypass valve, at 50 figure(s) 3 and including central pseudo-triangular member(s), having a valve inlet 50 for receiving metered product from a metering device 16, and a bypass closure member, unnumbered, the top valve of the three vertically arranged valves, above the referenced valves 37 & 39, movable between a bypass position, substantially horizontally oriented, and as depicted figure(s) 7, and a distribution position, substantially vertically oriented, and as valves 37 & 39 are depicted figure(s) 7; b) a bypass conduit, 54 & lower right side below 39, figure(s) 3, downstream of the bypass valve, at 50 figure(s) 3 and including central pseudo-triangular member(s), for receiving the metered product when the bypass closure member, unnumbered, the top valve of the three vertically arranged valves, above the referenced valves 37 & 39, is in the bypass position, substantially horizontally oriented, and as depicted figure(s) 7, to expel the metered product from the distribution system, figure(s) 1; and c) a transfer manifold, below 48 figure(s) 3, downstream of the bypass valve, at 50 figure(s) 3 and including central pseudo-triangular member(s), the transfer manifold, below 48 figure(s) 3, including: i) a transfer channel, at 48 figure(s) 3, for receiving the metered product when the bypass closure member, at 50 figure(s) 3 and including central pseudo-triangular member(s), is in the distribution position, substantially vertically oriented, and as valves 37 & 39 are depicted figure(s) 7, the transfer channel, at 48 figure(s) 3, separate from the bypass conduit 54 & right side below 39, figure(s) 3; ii) a plurality of transfer outlets 34 & 36, each of the transfer outlets in fluid communication with a respective one of a plurality of pneumatic distribution lines 24; and iii) at least one diverter valve 37 for selectively placing the transfer outlets 34 & 36 into and out of fluid communication with the transfer channel, at 48 figure(s) 3.
The examiner notes that at a plurality of points in applicant’s claim language, where a previously set forth claim(s) recited a bypass valve, for example, where the applicant then proceeds to recite a bypass valve outlet(s), that aside from providing antecedent basis, this will fail to distinguish over a reference(s) that disclose(s) a bypass valve, without further limitation(s) beyond a cursory reference(s).
Note that Bent et al. (9,944,473) disclose(s) isolated paths by virtue of the central pseudo-triangular member(s), and gravity fall as a substantial prime mover.
With regard to the bypass conduit(s) expelling product from the distribution system, please see column 4, line(s) 38-40.
Conclusion
Claim(s) 16-17 are allowable.
Claims 4, 8 & 11-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A DILLON JR whose telephone number is (571)272-6913. The examiner can normally be reached on Monday-Thursday; 8AM-6:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached on (571)272-7805. The fax phone numbers for the organization where this application or proceeding is assigned are (703)305-7687 for regular communications and (703)308-0552 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703)308-1134.
/JOSEPH A DILLON JR/Primary Examiner, Art Unit 3653