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 Objections
Claim 37 objected to because of the following informalities: line 8, “(e)” should be changed to –(d)—. Appropriate correction is required.
Claim 38 is objected to because of the following informalities: line 1, “the valve” should be changed to –a valve—. 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) 21, 24-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Paul 4,899,672.
Independent Claim 21: Paul discloses an apparatus (Fig. 2) for metering seed comprising:
(a) a housing (body of 7);
(b) a seed chamber (9, 10) defined within the housing, the seed chamber comprising:
(i) a seed positioning location (just downstream of 9 as seen in Fig. 2); and
(ii) a vertical seed ejection lumen (10) extending from a top of the housing;
(c) a seed receiving lumen (5) in fluidic communication with the seed chamber;
(d) an air intake lumen (21) in fluidic communication with the seed chamber;
(e) an air source (not shown, see col. 6, lns. 21-24) in fluidic communication with the air intake lumen; and
(f) a valve (13),
wherein the valve is configured to provide air pulses from the air source to the seed chamber via the air intake lumen (col. 6, lns. 21-25), and wherein the air pulses urge a seed in the seed positioning location toward the vertical seed ejection lumen, and wherein seeds are sequentially deposited on the seed positioning location and serially ejected via the vertical seed ejection lumen (col. 3, lns. 2-14), as per claim 21.
Dependent Claims 24-25: Paul further discloses a seed retention structure (15) disposed adjacent to the seed positioning location (just downstream of 9 as seen in Fig. 2), as per claim 24;
wherein the seed retention structure (15) is a tensioned flap (as seen in Figs. 2-3) or a brush, as per claim 25.
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) 21-23, 26-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Caillieux FR 1229027 A in view of Oberschmid DE 3826397 A1.
Independent Claim 21: Caillieux discloses an apparatus for metering seed comprising:
(a) a housing (11);
(b) a seed chamber (12, 13) defined within the housing, the seed chamber comprising:
(i) a seed positioning location (at the exit of 13); and
(ii) a vertical seed ejection lumen (12) extending from a top of the housing;
(c) a seed receiving lumen (13) in fluidic communication with the seed chamber;
(d) an air intake lumen (hose of 17, unnumbered) in fluidic communication with the seed chamber;
(e) an air source (17) in fluidic communication with the air intake lumen, as per claim 21.
However, Caillieux fails to disclose:
(f) a valve,
wherein the valve is configured to provide air pulses from the air source to the seed chamber via the air intake lumen, and wherein the air pulses urge a seed in the seed positioning location toward the vertical seed ejection lumen, and wherein seeds are sequentially deposited on the seed positioning location and serially ejected via the vertical seed ejection lumen, as per claim 21.
Oberschmid discloses a similar seed metering apparatus comprising a valve (not shown, after modulator 13 into the feed line 12, see the boxed text in page 7 of the attached document) configured to provide air pulses from the air source (13) to the seed chamber (at 4) via the air intake lumen (12), and wherein the air pulses urge a seed in the seed positioning location toward the vertical seed ejection lumen (3b), and wherein seeds are sequentially deposited on the seed positioning location (at 5 in Fig. 1) and serially ejected via the vertical seed ejection lumen, as per claim 21.
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 air pulse valve of Oberschmid on the metering apparatus of Caillieux in order to provide uniform seed spacing at high and varying sowing speeds for increased crop yield.
Dependent Claims 22-23: It can be seen in the combination of Caillieux and Oberschmid that the resulting apparatus will have the air source (Cailliuex’s source 17) and the valve (Oberschmid’s valve when provided to Caillieux’s air source hose of 17) disposed at a bottom of the housing (Caillieux’s 11, as seen in Fig. 1), as per claim 22; and
the resultant air source and the valve will provide upward air pulses (Caillieux’s hose of air source 17 provides air to housing 11 in an upward direction, as seen in Fig. 1), as per claim 23.
Dependent Claims 26-28: The apparatus is disclosed as applied above. However, the combination fails to disclose wherein the air source is configured to provide pressurized air ranging from about 20 to about 60 psi, as per claim 26;
wherein the air pulses have a duration from about 5 to about 50 ms, as per claim 27;
wherein the air pulses are provided at a frequency of about 4 to about 40 Hz, as per claim 28.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide pressurized air between about 20-60 psi, as per claim 26, an air pulse duration of about 5-50 ms, as per claim 27, and an air pulse frequency of about 4-40Hz, as per claim 28, 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.
Dependent Claim 29: Caillieux further discloses wherein the seed receiving lumen (13) is disposed at an angle in relation to a horizontal reference point with respect to the housing (11, as seen in Fig. 1), as per claim 29.
Claim(s) 26-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paul.
Dependent Claims 26-28: The apparatus is disclosed as applied above. However, Paul fails to disclose wherein the air source is configured to provide pressurized air ranging from about 20 to about 60 psi, as per claim 26;
wherein the air pulses have a duration from about 5 to about 50 ms, as per claim 27;
wherein the air pulses are provided at a frequency of about 4 to about 40 Hz, as per claim 28.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide pressurized air between about 20-60 psi, as per claim 26, an air pulse duration of about 5-50 ms, as per claim 27, and an air pulse frequency of about 4-40Hz, as per claim 28, 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) 30-33, 36-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olanders WO 2013/130003 A1 in view of Oberschmid.
Independent Claim 30: Olanders discloses a system (Fig. 1) for metering seed comprising:
(a) a housing (41) comprising:
(i) a seed receiving lumen (43); and
(ii) a seed chamber (at 51, see Fig. 1) in fluidic communication with the seed receiving lumen, the seed chamber defining:
(A) a seed launching position (the bottom of 43 where the seed changes direction, Fig. 1) configured to sequentially receive seed from the seed receiving lumen; and
(B) a vertical ejection lumen (5) exiting a top of the housing and extending to an opening disk (pg. 1, lines 35-39, seen in Fig. 7);
(b) an air source (2) in fluidic communication with the seed chamber via an air intake lumen (3),
wherein seeds are serially urged from the seed launching position and through the vertical ejection lumen via air delivered from the air source via the air intake lumen (as seen in Fig. 1, pg. 7, lns. 28-31), as per claim 30.
However, Olanders fails to disclose a valve wherein seeds are serially urged from the seed launching position and through the vertical ejection lumen via a pulse of air delivered from the air source via the valve and the air intake lumen, as per claim 30.
Oberschmid discloses a similar seed metering apparatus comprising a valve (not shown, after modulator 13 into the feed line 12, see the boxed text in page 7 of the attached document) wherein seeds are serially urged from the seed launching position (at 5 in Fig. 1) and through the vertical ejection lumen (3b) via a pulse of air delivered from the air source (13) via the valve and the air intake lumen (12), as per claim 30.
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 air pulse valve of Oberschmid on the metering apparatus of Olanders in order to provide uniform seed spacing at high and varying sowing speeds for increased crop yield.
Dependent Claims 31-33, 36: Olanders further discloses wherein the air source (2) and the valve (when combined with Oberschmid) are disposed at a bottom of the housing (41, as seen in Fig. 1), as per claim 31;
wherein the air source (2) and the valve (when combined with Oberschmid) provide upward air pulses (Ff at at 31 as seen in Fig. 1), as per claim 32;
a seed retention structure (42) disposed adjacent to the seed launching position (the bottom of 43 where the seed changes direction, Fig. 1), as per claim 33.
Oberschmid further discloses at least one sensor (4) disposed on or in the housing (3a, 4, 3b), as per claim 35;
wherein the at least one sensor (4) is an optical interruption sensor, a proximity sensor, or an electromechanical sensor (see claim 12), as per claim 36.
Independent Claim 37: Olanders discloses a seed meter (Fig. 1) comprising:
(a) a metering housing (41);
(b) a seed chamber defined within the metering housing, the seed chamber comprising:
(i) a seed positioning location (the bottom of 43 where the seed changes direction, Fig. 1); and
(ii) a vertical seed ejection lumen (5) extending from a top of the housing;
(c) an air intake lumen (3) in fluidic communication with the seed chamber; and
(e) an air source (2) in fluidic communication with the air intake lumen, as per claim 37.
However, Olanders fails to disclose wherein the air source is configured to provide air pulses to the seed chamber via the air intake lumen, and wherein the air pulses urge a seed in the seed positioning location toward the vertical seed ejection lumen, as per claim 37.
Oberschmid discloses a similar seed metering apparatus wherein the air source (13) is configured to provide air pulses (Ff) to the seed chamber (at 4) via the air intake lumen (12), and wherein the air pulses urge a seed in the seed positioning location toward the vertical seed ejection lumen (3b), as per claim 37.
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 air pulses of Oberschmid on the metering apparatus of Olanders in order to provide uniform seed spacing at high and varying sowing speeds for increased crop yield.
Dependent Claims 38-40: Olanders further discloses wherein the air source (2) and the valve (when combined with Oberschmid, after modulator 13 into the feed line 12, see the boxed text in page 7 of the attached document) are disposed at a bottom of the housing (41, at 31 as seen in Fig. 1), as per claim 38;
wherein the air source (2) and the valve (when combined with Oberschmid) provide upward air pulses (Ff at 31, as seen in Fig. 1), as per claim 39.
However, the combination fails to disclose wherein the air source is configured to provide pressurized air ranging from about 20 to about 60 psi for a duration from about 5 to about 50 ms and at a frequency of about 4 to about 40 Hz, as per claim 40.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide pressurized air between about 20-60 psi, an air pulse duration of about 5-50 ms, and an air pulse frequency of about 4-40Hz 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) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olanders in view of Oberschmid as applied to claim 33 above, and further in view of Amblard et al. 4,288,008.
Dependent Claim 34: The apparatus is disclosed as applied above. However, the combination fails to disclose wherein the seed retention structure is a tensioned flap or a brush, as per claim 34.
Amblard discloses a similar apparatus wherein the seed retention structure (11) is a tensioned flap or a brush (as seen in Figs. 3, 5, 7), as per claim 34.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the brush roller of Amblard for the roller of Olanders and Omberschmid in order to provide effective removal of the seed from the seed receiving lumen.
Response to Arguments
Please see the new rejections above in response to applicant’s new claim set.
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 November 5, 2025