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
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.
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, 4-6, 13-15, 17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kopecky (USPN 4565141).
Regarding claim 1, Kopecky discloses a shank assembly (Figure 1) for an agricultural implement, the shank assembly comprising: a ground-engaging shank (22) including a shank body; and a sleeve (indicator 12 of figure 1) configured to protect the shank body (The shank body is mounted between walls 23, column 2 lines 50-55. The side walls are considered to protect the shank body as they cover the sides of the shank), the sleeve including: a forward wall; an intermediate wall positioned aft of and spaced apart from the forward wall in a longitudinal direction; an aft wall positioned aft of and spaced apart from the intermediate wall in the longitudinal direction; a first side wall coupled to the forward wall, the intermediate wall, and the aft wall on a first side of the sleeve; and a second side wall coupled to the forward wall, the intermediate wall, and the aft wall on a second side of the sleeve (Figure 1 shows a cross-section defining two passageways with the claimed wall structure), wherein: the forward wall, the intermediate wall, the first side wall, and the second side wall collectively define a forward passage through which the shank body extends (The shank body extends into the bottom of the forward passageway between sidewalls 23), and the intermediate wall, the aft wall, the first side wall, and the second side wall collectively define an aft passage.
Regarding claim 4, Kopecky discloses a tube (Figures 5 and 11, tube 68) positioned within the forward passage and coupled to the intermediate wall (indirectly coupled via plate 65), the tube extending from a top end of the sleeve to a bottom end of the sleeve and being configured to convey an agricultural fluid (59) toward soil aft of the ground-engaging shank in the longitudinal direction (Shown in figure 11).
Regarding claim 5, Kopecky discloses wherein the tube is spaced apart from the intermediate wall in the longitudinal direction (As seen in figure 11).
Regarding claim 6, Kopecky discloses wherein the sleeve further includes a tab (figure 1 shows a tab 25) coupled to a bottom edge of the intermediate wall, the tab defining a hole through which the tube extends (Tab 25 has a square hole through which the tube extends as seen in figure 11).
Regarding claim 13, Kopecky discloses a sleeve (indicator 12 of figure 1) for agricultural implement shanks, the sleeve comprising: a forward wall extending in a lateral direction from a first side of the sleeve to a second side of the sleeve; an intermediate wall extending in the lateral direction from the first side to the second side, the intermediate wall positioned aft of and spaced apart from the forward wall in a longitudinal direction extending perpendicular to the lateral direction; an aft wall extending in the lateral direction from the first side to the second side, the aft wall positioned aft of and spaced apart from the intermediate wall in the longitudinal direction; a first side wall extending in the longitudinal direction from a forward end of the sleeve to an aft end of the sleeve, the first side wall coupled to the forward wall, the intermediate wall, and the aft wall on the first side; a second side wall extending in the longitudinal direction from the forward end to the aft end, the second side wall coupled to the forward wall, the intermediate wall, and the aft wall on the second side (Figure 1 shows a cross-section defining two passageways with the claimed wall structure), wherein: the forward wall, the intermediate wall, the first side wall, and the second side wall collectively define a forward passage configured to receive a ground-engaging shank (22) of an agricultural implement (The shank body extends into the bottom of the forward passageway between sidewalls 23), and the intermediate wall, the aft wall, the first side wall, and the second side wall collectively define an aft passage configured to partially receive a dry agricultural product dispensing device of the agricultural implement (Receive a metered seed out of a drill box via nipple 42, column 3 lines 25-38).
Regarding claim 14, Kopecky discloses a tube (Figures 5 and 11, tube 68) positioned within the forward passage and extending from a top end of the sleeve to a bottom end of the sleeve, the tube being configured to convey an agricultural fluid (59) toward aft of the ground-engaging shank in the longitudinal direction (Shown in figure 11).
Regarding claim 15, Kopecky discloses a tab (figure 1 shows a tab 25) coupled to a bottom edge of the intermediate wall, the tab including a first portion extending forward of the intermediate wall in the longitudinal direction, the first portion defining a hole through which the tube extends (Tab 25 has sides extending forward which define a square hole through which the tube extends as seen in figure 11).
Regarding claim 17, Kopecky discloses wherein the tube is coupled to (indirectly via top plate 41) and spaced apart from the intermediate wall in the longitudinal direction (As seen in figure 11).
Regarding claim 20, Kopecky discloses wherein a bottom edge of the aft wall is positioned above a bottom edge of the intermediate wall in a vertical direction extending from a top end of the sleeve to a bottom end of the sleeve (As shown in figure 1).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kopecky (USPN 4565141) in view of Kovach (US 2020/0236832).
Regarding claim 2, Kopecky is lacking a shin member.
Kovach discloses a ground engaging shank and teaches the further inclusion of a shin (140) coupled to the shank body and positioned forward of the shank body (positioned forward of the rear body of the shank) in a longitudinal direction.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the shank of Kopecky to include an integrated shin as taught by Kovach to further protect the shank assembly during operation.
The combination would have the forward wall is positioned between the shin and the shank body in the longitudinal direction.
Allowable Subject Matter
Claims 3, 7-12, 16 and 18-19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wiesenburger (USPN 9635806)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J BEHRENS whose telephone number is (303)297-4336. The examiner can normally be reached M-F 9am-2pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca can be reached at (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J BEHRENS/Primary Examiner, Art Unit 3671
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