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 § 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.
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.
CLAIMS 1 AND 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stoller et al. (US 2017/0049044 A1).
Stoller et al. ‘044 (“Stoller”) teaches an agricultural implement (Fig. 29), comprising:
CLAIM 1 at least one row unit (200), each said at least one row unit including an opening assembly (234) and a seed delivery device (32), the opening assembly configured to open a seed trench (38) in a soil surface and the seed delivery device configured to deposit seed in said open seed trench as the agricultural implement travels in a forward direction of travel;
an image capture device disposed (8020) on said at least one row unit to capture images of said open seed trench looking down from above said open seed trench after the seed is deposited in said open seed trench; and
a processor (50, [0064]) in data communication with said image capture device, said processor configured to analyze said captured images from said image capture device to determine agronomic properties of said open seed trench, said agronomic properties selected from the group consisting of: trench depth, trench collapse percentage and trench shape ([0064]);
CLAIM 6 further comprising: a row cleaner assembly ([0077]) disposed forward of said opening assembly (234) of said at least one row unit (200), said row cleaner assembly disposed to engage the soil surface to move soil and residue from the soil surface laterally with respect to the forward direction of travel and forward of said opening assembly;
CLAIM 7 wherein said image capture device (8020) captures images of said soil surface a distance laterally to each side of said open seed trench and wherein said processor is further configured to analyze said captured image to detect a presence of an extra trench laterally of said open seed trench produced by said row cleaner assembly ([0164]);
CLAIM 8 further comprising a sensor (350) mounted to the agricultural implement and oriented toward the soil surface forward of said row cleaner assembly to detect soil mounds forward of said row cleaner assembly; and
CLAIM 9 wherein said sensor comprises LIDAR.
CLAIM 10 Stoller discloses all of the limitations of the claimed method, including the controller functionality of adjusting the trench depth ([0064]).
CLAIM 11 Stoller discloses all of the limitation of the claimed method, including the generation of seed pulses ([0106]-[0114]).
Allowable Subject Matter
CLAIMS 2-5 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.
Response to Arguments
Applicant's arguments filed 20 April 2026 have been fully considered but they are not persuasive.
III. § 102 REJECTIONS
With respect to each of independent CLAIMS 1, 10 AND 11, Applicant argues Stoller fails to teach “an image capture device disposed on said at least one row unit to capture images of said open seed trench looking down from above said open seed trench after the seed is deposited in said open seed trench.” The examiner contends the prior art image capture device (Stoller, 8020) is taught expressly as capable of capturing images of “the bottom of the trench and/or the upper surface of the soil surface 40” ([0164]). Additionally, Stoller teaches the image capture device “is mounted forward of the closing system 236 and rearward of a leading edge of the opening discs 244” ([0164]). Thus, at least a portion of the prior art image capture device looks down from above the open trench after deposition of the seed. If not, the soil surface would not be within field of view of the prior art device (Stoller, 8020).
The rejection of the claims is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 TARA MAYO whose telephone number is (571)272-6992. The examiner can normally be reached Monday through Friday 8:30AM-5:00PM EST.
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/TARA MAYO/Primary Examiner, Art Unit 3671
/tm/
21 June 2026
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