ttDETAILED 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 .
Specification
The abstract of the disclosure is objected to because “such as field”, in line 3, should be changed to –such as in a field—. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: page 6, line 15, it appears “a small, localized environment” should be changed to –a small, localized environment 102—or –the global environment 104— since reference numeral 104 has already been established as identifying the global, field environment.
Appropriate correction is required.
Claim Objections
Claim 15 is objected to because of the following informalities: claim 15, in the preamble, claims a “seed plug apparatus for applying… inputs to a seed plug”, then recites “the seed plug apparatus comprising:” a plurality of seed plug (alone) parts: a top, a bottom, an interior… It appears the line 20 should recite --the seed plug comprising a top opposing a bottom…-- . Appropriate correction is required.
Claim 16 is objected to because of the following informalities: line 2, it appears “soil input,” should be changed to –soil input.—. Appropriate correction is required.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shay WO 2021/173908 A1.
Independent Claim 1: Shay discloses a device used by a method for applying a plurality of inputs to a seed plug that benefit a crop, the method comprising:
providing a seed plug (500) comprising at least a seed and a seed growth medium (a casing comprises seed, a portion of soil and seed input, see page 4, lns. 14-22); and
determining (via processor 170) from a plurality of inputs (112A-112E, 122A-122E) a set of one or more inputs that benefit a crop produced from the seed based on a plurality of factors (see steps 180, 184, 186 in Fig. 2, see the factors in page 5, lines 14-20);
combining the set of the one or more inputs that benefit the crop with the seed plug by an aggregator (130) of a planter (100); and
planting the seed plug by the planter (via system 100 at 800, see also page 9, lns. 22-23);
wherein combining the set of the one or more inputs occurs during planting the seed plug by the planter (as seen in Fig. 1 all of the inputs, aggregator and planter are onboard the row unit system 100 shown in Fig. 7), as per claim 1.
Dependent Claims 2-7: Shay further discloses wherein the plurality of factors (factors in page 5, lines 14-20) comprise at least one of type of the crop or the seed being planted (page 5, ln. 15), type of planting, field history (page 5, lns. 16-18), current conditions of a global seed planting environment (pg. 5, lns. 17-18), predicted conditions of the global seed planting environment, a number of the seed plug being planted (pg. 5, lns. 14), a distance of a first one of the seed plug to a second one of the seed plug, the depth of the seed plug relative to a surface of the soil of the global seed planting environment, and an orientation of the seed plug relative to the surface of the soil of the global seed planting environment, as per claim 2;
wherein a processor (170) selects the set of the one or more inputs from the plurality of inputs (112A-E, 122A-E), as per claim 4;
wherein at least one of the set of one or more inputs of the plurality of inputs (112A-E, 122A-E) comprises a fertilizer (page 10, lns. 12-13), as per claim 5;
wherein determining (via processor 170) from the plurality of inputs (112A-E, 122A-E) a set of the one or more inputs that benefit the crop produced from the seed based on the plurality of factors (page 5, lines 14-20) occurs on the planter (100) during planting (as seen in Figs. 1 and 7 processor 170, hoppers with inputs, the aggregator and planter are all self-contained on board 100), as per claim 6;
wherein the set of one or more inputs selected from the plurality of inputs (112A-E, 122A-E) are applied to a local environment immediately proximate the seed (all within the seed plug housing/casing/cannister/cartridge) and planted together by the planter (100), as per claim 7.
While Shay does not specifically disclose wherein the plurality of factors include a set of factors comprising type of machinery, cost inputs, manpower, governmental policies, knowledge, electricity, irrigation and field type, as per claim 3, the examiner takes official notice that these factors are natural and necessary factors any agricultural entity would take into consideration for optimizing planting and business efficiencies and in order to abide by federal and local laws.
Independent Claim 8: Shay discloses a seed plug planting system for applying a plurality of inputs to a seed plug that benefit a crop, the seed plug planting system comprising
a seed plug (500, a casing comprises seed, a portion of soil and seed input, see page 4, lns. 14-22) having a top opposing a bottom and at least one side, wherein the at least one side is adjacent to the top and the bottom (all seed plug naturally have tops, bottoms and sides), the seed plug further comprising:
a plurality of inputs (112A-112E, 122A-122E) comprising a local environment, wherein at least one input is a seed input (page 4, lns. 14-17) and at least one input is a soil input (page 4, lns. 14-17);
wherein the soil input is determined by a global environment (page 5, lines 14-20 describes wherein the quantity of soil is based on the series of listed factors including conditions of planted land, general climate, local climate, conditions of the field, etc.);
a planter (100), wherein the planter controls the depth of the seed plug in a soil of the global environment (page 25, lns. 21-23) and wherein the planter controls the orientation of the seed plug in the soil of the global environment (as placed in the soil by seed chute 800), the planter further comprising:
an aggregator (130) having at least one hopper (600, 650) for holding the seed plug, wherein the aggregator is operably connected to the planter (see Figs. 1, 7), wherein the aggregator puts at least the seed input in an interior of the seed plug prior to the planter planting the seed plug (page 25, lns. 1-7), as per claim 8.
Dependent Claims 9-14: Shay further discloses wherein the planter (100) is operably connected to a historical planting database (page 13, lns. 15-21) for determining the plurality of inputs (112A-E, 122A-E), as per claim 9;
wherein at least one input of the plurality of inputs (112A-E, 122A-E) is a fertilizer input (page 10, lns. 12-13), as per claim 10;
wherein plurality of inputs (112A-E, 122A-E) comprising the local environment are selected based on at least the global environment (page 5, lines 14-20 describes wherein the quantity of soil is based on the series of listed factors including conditions of planted land, general climate, local climate, conditions of the field, etc.), as per claim 11;
wherein the planter (100) creates a hole (via 900,910) for the seed plug (500) in the global environment (the field), as per claim 12;
wherein a casing of the seed plug is biodegradable (see the final line of page 5 through line 1 of page 6), as per claim 13;
wherein a processor (170) determines the plurality of inputs (see steps 180, 184, 186 in Fig. 2), as per claim 14.
Independent Claim 15: Shay discloses a seed plug apparatus for applying a plurality of inputs to a seed plug that benefit a crop, the seed plug apparatus comprising:
a top opposing a bottom (the top and bottom of seed plug 500), an interior opposing an exterior and at least one side (the inside and outside of the plug), wherein the interior of the seed plug comprises a local environment (a casing comprises a portion of soil and seed input, see page 4, lns. 14-22) for growing a seed;
a soil input (see page 4, lns. 14-22) disposed in the interior of the seed plug;
a seed (see page 4, lns. 14-22) disposed in the interior of the seed plug, wherein the soil input is at least above or below the seed (the soil must be at least one or the other of above or below the seed);
a fertilizer input (page 10, lns. 12-13), wherein the fertilizer input is mixed with at least a portion of the soil input (a casing comprises seed, a portion of soil and seed input, see page 4, lns. 14-22);
wherein at least the fertilizer input and soil input are selected based on a global environment (page 5, lines 14-20 describes wherein the quantity of soil and inputs are based on the series of listed factors including conditions of planted land, general climate, local climate, conditions of the field, etc.);
wherein the seed plug is planted in the global environment (the field), wherein the depth (page 25, lns. 21-23) and orientation (as placed in the soil by seed chute 800) of the seed plug in a soil of the global environment is controlled by a planter;
wherein an aggregator (130) of the planter mixes at least the fertilizer input into the seed plug prior to planting (page 25, lns. 1-7), as per claim 15.
Dependent Claims 16-20: Shay further discloses a casing (500) input for housing the seed, fertilizer input, and soil input (a casing comprises seed, a portion of soil and seed input, see page 4, lns. 14-22; for fertilizer, see page 10, lns. 12-13), as per claim 16;
a chemical input, wherein the chemical input is at least one of an insecticide, fungicide, or herbicide (page 10, lns. 12-16), as per claim 17;
wherein a plurality of factors determine the soil input (page 5, lines 14-20 describes wherein the quantity of soil is based on the series of listed factors including conditions of planted land, general climate, local climate, conditions of the field, etc.), wherein the plurality of factors include at least one of historical conditions of the global environment (page 13, lns. 15-21), current conditions of the global environment (page 5, lns. 14-20) or predictive conditions of the global environment, as per claim 18;
wherein the seed has a seed coating (the casing 500), as per claim 19;
wherein the seed comprises a treated seed (treated by the inputs 112A-E, 122A-E), as per claim 20.
The following art rejection under 35 USC § 103 is used to show a broader interpretation of claims 1-7:
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kesinger et al. 3,906,875 in view of Kowalchuk US 2016/0374260 A1.
Independent Claim 1: Kesinger discloses a device used by a method for applying a plurality of inputs to a seed plug that benefit a crop, the method comprising:
providing a seed plug (59) comprising at least a seed (26) and a seed growth medium (24); and
planting the seed plug by the planter (the transplanter shown in Fig. 5), as per claim 1.
However, Kesinger fails to disclose determining from a plurality of inputs a set of one or more inputs that benefit a crop produced from the seed based on a plurality of factors;
combining the set of the one or more inputs that benefit the crop with the seed plug by an aggregator of a planter; and
wherein combining the set of the one or more inputs occurs during planting the seed plug by the planter, as per claim 1.
Kowalchuk discloses a similar planter (Fig. 7) used by a method comprising:
determining from a plurality of inputs (43a, 43b) a set of one or more inputs that benefit a crop produced from the seed based on a plurality of factors (soil element deficiencies, infestations, see paragraph [0040], lns. 11-18);
combining the set of the one or more inputs (para. [0039], lns. 14-31) that benefit the crop with the seed by an aggregator (53) of a planter (5, Fig. 7); and
wherein combining the set of the one or more inputs occurs during planting the seed plug by the planter (as seen in Fig. 7), as per claim 1.
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 input application of Kowalchuk on the transplanter of Kesinger in order to correct soil element deficiencies and to treat infestations to increase crop yields.
Dependent Claims 2-7: Kowalchuk, of the resultant combination above, further discloses wherein the plurality of factors comprise at least one of type of the crop or the seed being planted, type of planting, field history, current conditions of a global seed planting environment (soil deficiencies and infestations, [0040], lns. 11-18), predicted conditions of the global seed planting environment, a number of the seed plug being planted, a distance of a first one of the seed plug to a second one of the seed plug, the depth of the seed plug relative to a surface of the soil of the global seed planting environment, and an orientation of the seed plug relative to the surface of the soil of the global seed planting environment, as per claim 2;
wherein a processor (97) selects the set of the one or more inputs from the plurality of inputs (43a, 43b), as per claim 4;
wherein at least one of the set of one or more inputs of the plurality of inputs (43a, 43b) comprises a fertilizer (para. [0030], lns. 4-9), as per claim 5;
wherein determining from the plurality of inputs (43a, 43b) a set of the one or more inputs that benefit the crop produced from the seed (15) based on the plurality of factors (soil element deficiencies, infestations, see paragraph [0040], lns. 11-18) occurs on the planter (5) during planting (as seen in Fig. 7), as per claim 6;
wherein the set of one or more inputs selected from the plurality of inputs (43a, 43b) are applied to a local environment immediately proximate the seed (15, as seen in Fig. 7 the input is applied to the seed on the planting belt) and planted together by the planter (5), as per claim 7.
While the combination does not specifically disclose wherein the plurality of factors include a set of factors comprising type of machinery, cost inputs, manpower, governmental policies, knowledge, electricity, irrigation and field type, as per claim 3, the examiner takes official notice that these factors are natural and necessary factors any agricultural entity would take into consideration for optimizing planting and business efficiencies and in order to abide by federal and local laws.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892. Flamme et al. 6,070,539 discloses a planting system similar to that of the claimed invention however without the use of a seed plug.
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 June 16, 2026
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