DETAILED ACTION
Acknowledgements
In the reply filed July 6, 2026, the applicant amended claims 1, 7, and 17.
The applicant added claims 21 and 22.
Currently claims 1-22 are under examination.
Claim Rejections - 35 USC § 102
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 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.
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 1-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lempriere (U.S. Pub. No. 2002/0100401).
Regarding Claim 1, Lempriere discloses an assembly for use in dispensing treatment products (Lempriere: Paragraph [0054]) in a field, the assembly comprising:
An inlet (Lempriere: 110) configured to receive a treatment product (Lempriere: Paragraph [0054]), wherein the treatment product includes a seed treatment product or a soil treatment product (Lempriere: Paragraph [0071]: fertilizer);
An outlet (Lempriere: 124) configured to dispense the treatment product (Lempriere: Paragraph [0054]) in the field; and
At least one wheel (Lempriere: 114) coupled between the inlet (Lempriere: 110) and the outlet (Lempriere: 124), the at least one wheel (Lempriere: 114) including a base having an outer circumferential surface, and tabs (Lempriere: Figure 3b: between notches 21) spaced apart circumferentially from each other and extending away from the outer circumferential surface of the base, the tabs (Lempriere: Figure 3b: between notches 21) defining receptacles (Lempriere: 21) therebetween, each receptacle configured to receive a portion of the treatment product (Lempriere: Paragraph [0054]) from the inlet (Lempriere: 110) as the at least one wheel (Lempriere: 114) rotates, the at least one wheel (Lempriere: 114) configured to transport the portion of the treatment product (Lempriere: Paragraph [0054]) from the inlet (Lempriere: 110) and deliver the portion of the treatment product (Lempriere: Paragraph [0054]) to the outlet (Lempriere: 124), the outlet (Lempriere: 124) configured to dispense the portion of the treatment product (Lempriere: Paragraph [0054]) in the field.
Regarding Claim 2, Lempriere discloses the assembly of claim 1, wherein the tabs (Lempriere: Figure 3b: between notches 21) extend radially away from the outer circumferential surface of the base, and wherein the tabs (Lempriere: Figure 3b: between notches 21) are evenly spaced apart circumferentially from each other.
Regarding Claim 3, Lempriere discloses the assembly of claim 1, wherein the at least one wheel (Lempriere: 114) includes multiple wheels (Lempriere: Figure 12: 114) coupled together, and wherein each of the wheels (Lempriere: 114) includes a base having an outer circumferential surface, and tabs (Lempriere: Figure 3b: between notches 21) spaced apart from each other and extending away from the outer circumferential surface of the base.
Regarding Claim 4, Lempriere discloses the assembly of claim 3, wherein the tabs (Lempriere: Figure 3b: between notches 21) of adjacent ones of the wheels (Lempriere: 114) are staggered (Figure 16: notches staggered from wheel to next wheel); and
Wherein the tabs (Lempriere: Figure 3b: between notches 21) of each of the wheels (Lempriere: 114) extend at an acute angle away from the outer circumferential surface of the base.
Regarding Claim 5, Lempriere discloses the assembly of claim 4, wherein the tabs (Lempriere: Figure 3b: between notches 21) of each of the wheels (Lempriere: 114) are flexible (foam).
Regarding Claim 6, Lempriere discloses the assembly of claim 1, further comprising a housing (Lempriere: 120, 168) configured to at least partially surround the at least one wheel (Lempriere: 114).
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Regarding Claim 7, Lempriere discloses the assembly of claim 6, wherein the housing (Lempriere: 120, 168) defines a first channel (Lempriere: between end of 120 and 114 adjacent 110) extending between the inlet (Lempriere: 110) and a lower portion of the at least one wheel (Lempriere: 114), and a second channel (Lempriere: between end of 168 and 114 adjacent 124) extending between an upper portion of the at least one wheel (Lempriere: 114) and the outlet (Lempriere: 124).
Regarding Claim 8, Lempriere discloses the assembly of claim 1, further comprising an enclosure (Lempriere: 102) configured to at least partially surround the at least one wheel (Lempriere: 114), the enclosure (Lempriere: 102) defining a first opening (Lempriere: 164) adjacent to the inlet (Lempriere: 110) and a second opening (Lempriere: 162) adjacent to the outlet (Lempriere: 124).
Regarding Claim 9, Lempriere discloses the assembly of claim 8, further comprising a guard member (Lempriere: 170) coupled to the enclosure (Lempriere: 102) and aligned with the first opening (Lempriere: 164), the guard member (Lempriere: 170) configured to inhibit debris from entering the at least one wheel (Lempriere: 114).
Regarding Claim 10, Lempriere discloses the assembly of claim 8, further comprising an exit member (Lempriere: 122) coupled to the enclosure (Lempriere: 102) and aligned with the second opening (Lempriere: 162), the exit member (Lempriere: 122) defining a funnel configured to receive the portion of the treatment product (Lempriere: Paragraph [0054]) from the at least one wheel (Lempriere: 114).
Regarding Claim 11, Lempriere discloses the assembly of claim 1, further comprising a motor (Lempriere: 147) configured to control rotation of the at least one wheel (Lempriere: 114);
Wherein the motor (Lempriere: 147) includes a shaft (Lempriere: 116) and wherein the base defines a channel extending therethrough and configured to receive the shaft (Lempriere: Figure 20: shaft 116 extends through wheels).
Regarding Claim 12, Lempriere discloses the assembly of claim 1, further comprising a sensor (Lempriere: Paragraph [0072]) adjacent to the outlet (Lempriere: 124), the sensor (Lempriere: Paragraph [0072]) configured to detect movement of the treatment product (Lempriere: Paragraph [0054]) passing through the outlet (Lempriere: 124).
Regarding Claim 13, Lempriere discloses the assembly of claim 1, further comprising a hopper (Lempriere: 12) adjacent to the inlet (Lempriere: 110) and configured to store the treatment product (Lempriere: Paragraph [0054]).
Regarding Claim 14, Lempriere discloses the assembly of claim 1, further comprising a detachable container (Lempriere: 12) adjacent to the inlet (Lempriere: 110) and configured to store the treatment product (Lempriere: Paragraph [0054]).
Regarding Claim 15, Lempriere discloses the assembly of claim 1, wherein the outlet (Lempriere: 124) is configured to dispense the treatment product (Lempriere: Paragraph [0054]) into a furrow formed by a planter while planting the seeds (Figure 25); and
Wherein the assembly further comprising an exit tube (Lempriere: 140) coupled to the outlet (Lempriere: 124) and extending into the furrow while planting, the exit tube (Lempriere: 140) configured to dispense the portion of the seed treatment product (Lempriere: Paragraph [0054]) into the furrow adjacent to the at least one of the seeds (Figure 25: 186 adjacent 187).
Regarding Claim 16, Lempriere discloses a planter for planting seeds in a field, the planter comprising at least one planting unit including the assembly of claim 1 (Figure 25).
Regarding Claim 17, Lempriere discloses a method of operating a treatment applicator to dispense treatment products (Lempriere: 186, 187, Paragraph [0054]) in a field, the treatment applicator including at least one wheel (Lempriere: 114) defining a plurality of receptacles (Lempriere: 21), the method comprising:
Receiving, via an inlet (Lempriere: 110), a treatment product (Lempriere: Paragraph [0054]) in individual ones of the plurality of receptacles (Lempriere: 21) while the at least one wheel (Lempriere: 114) is rotating, wherein the treatment product includes an insecticide, an inoculum, and/or a microbial treatment product (Lempriere: Paragraph [0071]: device suitable for any granular material);
Controlling rotation of the at least one wheel (Lempriere: 114) to transport the treatment product (Lempriere: Paragraph [0054]) in the individual ones of the plurality of receptacles (Lempriere: 21) to an outlet (Lempriere: 124) located away from the inlet (Lempriere: 110); and
Delivering the treatment product (Lempriere: Paragraph [0054]) in the individual ones of the plurality of receptacles (Lempriere: 21) to the outlet (Lempriere: 124), thereby dispensing the treatment product (Lempriere: Paragraph [0054]) in the field.
Regarding Claim 18, Lempriere discloses the method of claim 17, wherein the treatment applicator includes a housing (Lempriere: 120, 168) defining a first channel (Lempriere: between end of 120 and 114 adjacent 110) extending between the inlet (Lempriere: 110) and the at least one wheel (Lempriere: 114), and a second channel (Lempriere: between end of 168 and 114 adjacent 124) extending between the at least one wheel (Lempriere: 114) and the outlet (Lempriere: 124), wherein receiving the treatment product (Lempriere: Paragraph [0054]) in the individual ones of the plurality of receptacles (Lempriere: 21) includes receiving the treatment product (Lempriere: Paragraph [0054]) in the individual ones of the plurality of receptacles (Lempriere: 21) after the treatment product (Lempriere: Paragraph [0054]) passes through the first channel (Lempriere: between end of 120 and 114 adjacent 110), and wherein delivering the treatment product (Lempriere: Paragraph [0054]) to the outlet (Lempriere: 124) includes delivering the treatment product (Lempriere: Paragraph [0054]) to the outlet (Lempriere: 124) after the treatment product (Lempriere: Paragraph [0054]) passes through the second channel (Lempriere: between end of 168 and 114 adjacent 124).
Regarding Claim 19, Lempriere discloses the method of claim 17, wherein the at least one wheel (Lempriere: 114) includes multiple staggered wheels (Lempriere: 114) coupled together, wherein each staggered wheel (Lempriere: 114) defines a plurality of receptacles (Lempriere: 21) offset (Figure 16) from corresponding receptacles (Lempriere: 21) of adjacent wheels (Lempriere: 114), and wherein controlling rotation of the at least one wheel (Lempriere: 114) includes controlling rotation of the multiple staggered wheels (Lempriere: 114) to transport the treatment product (Lempriere: Paragraph [0054]) along sloping flow paths created by the offset receptacles (Lempriere: 21) of the staggered wheels (Lempriere: 114) to the outlet (Lempriere: 124).
Regarding Claim 20, Lempriere discloses the method of claim 17, further comprising dispensing the treatment product (Lempriere: Paragraph [0054]) to a furrow formed by a planter and adjacent to seeds while the planter plants the seeds (Figure 25).
Regarding Claim 21, Lempriere discloses the assembly of claim 1, further comprising at least one bushing (Lempriere: 48) defining a barrier adjacent the at least one wheel (Lempriere: 114), the at least one bushing configured to inhibit the treatment product from escaping from the receptacles.
Regarding Claim 22, Lempriere discloses the assembly of claim 7, wherein the at least one wheel (Lempriere: 114) is configured to rotate in a direction that moves the lower portion of the at least one wheel towards the first channel and the upper portion of the at least one wheel towards the second channel (Lempriere: Figure 3b).
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 DOUGLAS S WOOD whose telephone number is (571)270-5954. The examiner can normally be reached Monday through Thursday 8:30 AM - 7:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole A Coy can be reached at (571) - 272 - 5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DOUGLAS S. WOOD
Examiner
Art Unit 3672
/DOUGLAS S WOOD/Examiner, Art Unit 3672
/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672
