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 .
Specification
The abstract of the disclosure is objected to because “The present disclosure presents” is an implied phrase. 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).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Objections
Claim 14 is objected to because of the following informalities: line 1, “an outer surface” should be changed to –the outer surface—or –the cylindrical outer surface—since this part has already been set forth in line 4 of independent claim 13 from which claim 14 depends. 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) 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Price 2,865,536.
Independent Claim 13: Price discloses a drum seeder assembly (seen in Figs. 1-2, “fertilizer and the like”) comprising:
a dispenser (hopper formed by 10, 12, 14, 16, 18) with first and second end walls (16, 18), first and second side walls (10, 12), an open top end (at handle 20), and an open bottom end (at 14); and
a drum (48) with a cylindrical outer surface (50), rotatably mounted to the dispenser (via shaft 46), configured to dispense seed through a gap (at plate 54) formed between the drum and the open bottom end of the dispenser as the drum rotates, as per claim 13.
Dependent Claim 14: Price further discloses wherein the drum (48) has an outer surface (50) with a textured, adhesive, or semi-adhesive material to facilitate control over seed distribution (col. 2, lns. 50-57), as per claim 14.
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, 3, 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Price in view of Kono et al. 11,638,929.
Independent Claims 1, 8: Price discloses a system for distributing seed (“fertilizer and the like”) used by a method for distributing seed, the system comprising:
a drum seeder assembly (shown in Figs. 1-2) including:
a dispenser (hopper formed by 10, 12, 14, 16, 18) with an open top end for receiving seed, and an open bottom end for dispensing seed;
a drum (48) rotatably mounted beneath the dispenser, configured to receive seed through the open bottom end and distribute the seed as the drum rotates; as per claims 1, 8.
However, Price fails to disclose a transfer apparatus for delivering seed to the drum seeder assembly, as per claims 1, 8.
Kono discloses a similar distributing assembly comprising a transfer apparatus (22, col. 3, lns. 58-62) for delivering material to the drum assembly (4), as per claims 1, 8.
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 transfer apparatus of Kono et al. in the distributing assembly of Price in order to prevent lumps in the material and to provide more consistent discharge of seed.
Dependent Claims 3, 9: Kono, of the resultant combination above, further discloses wherein the drum assembly further comprises:
a motor (not shown, see col. 4, lns. 11-14) for rotating the drum (4); and
a controller configured to control a flow of material into the dispenser (210B) by adjusting a speed of the drum (col. 4, lns. 14-17), as per claim 3.
Price, of the resultant combination disclosed above, further discloses adjusting a size of a gap (via plate 54) between the drum (48) and the dispenser (hopper formed by 10, 12, 14, 16, 18) to control an amount of seed dispensed, as per claim 9.
Claim(s) 2, 4-5, 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Price in view of Kono et al. as applied to claims 1 and 8 above, and further in view of Wendte et al. 9,603,299.
Dependent Claims 2, 4-5, 10-12: The system is disclosed as applied above. However, the combination fails to disclose wherein the dispenser further comprises a sensor proximate to the open top end for detecting an amount of seed within the dispenser, as per claim 2;
wherein the transfer apparatus comprises a plurality of baffles within an interior of the transfer apparatus, creating individual compartments for receiving seed, as per claim 4;
wherein the transfer apparatus includes a sensor positioned within each compartment to detect an amount of seed within each compartment, as per claim 5;
wherein the transfer apparatus includes a sensor for detecting a presence of seed within the transfer apparatus, and a controller configured to control a flow of seed into the dispenser by adjusting a speed of the dispensing meter, as per claim 10;
wherein the transfer apparatus further comprises a plurality of baffles within an interior of the transfer apparatus, creating individual compartments for receiving seed, as per claim 11;
wherein individual sensors are positioned within each compartment to detect an amount of seed within each compartment, as per claim 12.
Wendte discloses a similar system comprising wherein the dispenser (47) further comprises a sensor (61) proximate to the open top end (see the array of sensors in Figs. 2-4) for detecting an amount of seed within the dispenser, as per claim 2;
wherein the transfer apparatus (27) comprises a plurality of baffles (the unnumbered baffles creating compartments 31) within an interior of the transfer apparatus, creating individual compartments (31) for receiving seed, as per claim 4;
wherein the transfer apparatus (27) includes a sensor (59) positioned within each compartment (31) to detect an amount of seed within each compartment, as per claim 5;
wherein the transfer apparatus (27) includes a sensor (59) for detecting a presence of seed within the transfer apparatus, and a controller (63) configured to control a flow of seed into the dispenser (47) by adjusting a speed of the dispensing meter (36, col. 11, lns. 17-22), as per claim 10;
wherein the transfer apparatus (27) further comprises a plurality of baffles (the baffles creating compartments 31) within an interior of the transfer apparatus, creating individual compartments (31) for receiving seed, as per claim 11;
wherein individual sensors (59) are positioned within each compartment (31) to detect an amount of seed within each compartment, as per claim 12.
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 compartments and associated sensors of Wendte in the system of Price and Kono in order to automatically maintain the dispensing assembly in a full condition.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Price in view of Lang US 2002/0046696 A1.
Dependent Claim 15: The assembly is disclosed as applied above. However, Price fails to disclose a flange and bracket system allowing for vertical adjustment of the drum relative to the dispenser to modify a size of a gap between the drum and the dispenser to control an amount of seed dispensed, as per claim 15.
Lang discloses a similar assembly comprising a flange and bracket system (the mounting structure of hydraulic drum height adjuster 45) allowing for vertical adjustment of the drum relative to the dispenser (50) to modify a size of a gap (51) between the drum and the dispenser to control an amount of seed dispensed, as per claim 15.
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 vertical drum adjustment of Lang on the assembly of Price in order to adjust the drum to varying heights.
Allowable Subject Matter
Claims 6-7 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. The prior art does not disclose the claimed vacuum-pivoted wall for filling of the transfer apparatus.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892. Jenkins et al. 4,938,650 discloses a similar dispensing assembly to the claimed invention but not does not explicitly disclose that the material dispensed is seed.
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 27, 2026
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