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 § 103
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 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.
Claims 1, 4-5, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Pickett et al as part of US 6182770 B1, hereinafter referred to as Pickett, in view of Turko et al as part of US 20130112123 A1, hereinafter referred to as Turko.
Regarding Claim 1: Pickett teaches of an agricultural system, comprising:
a row unit including a row unit frame (Pickett: Fig. 1, thinning machine 10 comprises transverse tool bar 14);
a ground-engaging tool configured to engage soil of a field as an agricultural implement traverses the field (Pickett: Fig. 1, thinners 12 are configured to engage the soil as the thinning machine travels);
and a mounting assembly configured to support the ground-engaging tool relative to the row unit frame (Pickett: Fig. 1/Fig. 4a, a mounting assembly is shown to support the ground engaging tool relative to the tool bar 14), the mounting assembly comprising:
a mounting bracket coupled to the row unit frame (Pickett: Fig. 4a-4b, a mounting bracket, comprising pin mounts 28 and a rectangular mounting plate attached to tool bar 14 is shown to couple to the tool bar 14),
an upper plate rigidly coupled to the mounting plate;
and a lower plate rigidly coupled to the mounting plate (Pickett: Fig. 4a-4b, pin mounts 28 are rigidly coupled to the rectangular mounting plate);
a first support arm coupled to the mounting bracket between the upper plate and the lower plate, the first support arm configured to be positionally adjusted relative to the mounting bracket to adjust the position of the ground-engaging tool relative to the row unit frame in a second direction differing from the first direction (Pickett: Fig. 4a, upper portion 26a is coupled to the bracket via pin mounts 28 between said pin mounts 28, which is configured to adjust the position of the thinners 12 via rotation about an axis parallel to the tool bar 14);
and a second support arm coupled between the first support arm and the ground-engaging tool, the second support arm configured to be positionally adjusted relative to the first support arm to adjust the position of the ground-engaging tool relative to the row unit frame in a third direction differing from the first and second directions (Pickett: Fig. 4a, lower portion 26b is coupled to the upper portion 26a and the thinner 12, which is configured to adjust the position of the thinner 12 via rotation about a vertical axis).
Pickett does not teach specific details of the mounting bracket assembly beyond what is visible in Fig. 4a.
Turko teaches of an agricultural system, comprising:
a row unit including a row unit frame (Turko: Paragraph 5-8, a seeder is provided with seeding elements, ground openers, and closers mounted along a tool bar);
a ground-engaging tool configured to engage soil of a field as an agricultural implement traverses the field (Turko: Fig. 1-5, the seeder comprises a packer wheel 40 and opener 51 to engage the ground as the seeder travels);
and a mounting assembly configured to support the ground-engaging tool relative to the row unit frame (Turko: Fig. 1, a mounting assembly comprising vertical plate 32, linkage 33, and loops 31), the mounting assembly comprising:
a mounting bracket coupled to the row unit frame (Turko: Fig. 1, vertical plate 32 is coupled to the tool bar 10a), the mounting bracket configured to be positionally adjusted relative to the row unit frame to adjust a position of the ground-engaging tool relative to the row unit frame in a first direction, the mounting bracket comprising:
a mounting plate (Turko: Paragraph 73, the vertical plate 32 is clamped to tool bar 10A, and is not rigidly fixed in one position until tightened);
an upper plate coupled to the mounting plate;
and a lower plate coupled to the mounting plate (Turko: Fig. 1, upper and lower parallel links 34 and 35);
a first support arm coupled to the mounting bracket between the upper plate and the lower plate, the first support arm configured to be positionally adjusted relative to the mounting bracket to adjust the position of the ground-engaging tool relative to the row unit frame in a second direction differing from the first direction (Turko: Fig. 2, spring support tube 49 is disposed between the upper and lower parallel links 34 and 35);
and a second support arm coupled between the first support arm and the ground-engaging tool, the second support arm configured to be positionally adjusted relative to the first support arm to adjust the position of the ground-engaging tool relative to the row unit frame in a third direction differing from the first and second directions (Turko: Fig. 2, tubular brace 50 is disposed between spring support tube 49 and the packer wheel 40).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the generically referred to mounting bracket of Pickett with the specific mounting bracket of Turko. Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of providing a mounting bracket which allows for positional adjustment of the ground engaging tool (MPEP 2143, Subsection I, B).
Regarding Claim 4: Pickett in view of Turko teaches of the apparatus described in claim 1.
In light of the modifications described above in claim 1, Turko further teaches wherein:
one or more fasteners extend through the mounting plate, the one or more fasteners coupling the mounting plate to a portion of the row unit frame and being configured to allow a position of the mounting bracket to be adjusted along the row unit frame in a fore-aft direction of the row unit (Turko: Fig. 1; Paragraph 73, loops 31 extend through the vertical plate 32, coupling vertical plate 32 to the tool bar 10A, in such a way that vertical plate 32 is not fixed to one position until tightened, allowing the bracket to be adjusted in a fore-aft direction),
and adjustment of the position of the mounting bracket relative to the row unit frame in the fore-aft direction results in the position of the ground-engaging tool being adjusted in the fore-aft direction (Turko: Fig. 1, the position of the packer wheel 40 and the opener 51 are limited in the fore-aft direction by the position of the vertical plate 32, as there is no mechanism for the ground engaging tools to move in the fore-aft direction relative to the vertical plate 32).
Regarding Claim 5: Pickett in view of Turko teaches of the apparatus described in claim 4.
In light of the modifications described above in claim 4, Turko further teaches wherein the one or more fasteners comprising U-bolt assemblies (Turko: Fig. 1, loops 31 are U shaped assemblies on which nuts are shown to be threaded onto).
Regarding Claim 10: Pickett in view of Turko teaches of the apparatus described in claim 1.
Pickett further teaches wherein:
the first support arm is configured to be pivotably coupled to the mounting bracket about a pivot axis to adjust an angular orientation of the first support arm relative to the mounting bracket (Pickett: Fig. 4a, upper portion 26a is pivotally coupled to vertical plate 32, which adjust the angular orientation of upper portion 26a via height control bars 24 relative to the tool bar 14);
and adjustment of the angular orientation of the first support arm relative to the mounting bracket results in an angular orientation of the ground-engaging tool being adjusted relative to the row unit frame (Pickett: Fig. 4a, as the thinners 12 are positioned at the distal end of frames 26, adjusting the angle of the frames would also adjust the angle of the thinners 12 relative to the tool bar 14).
Claims 11-12, 15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Pickett in view of Turko, further in view of Whalen et al as part of US 7240627 B1, hereinafter referred to as Whalen.
Regarding Claim 11: Pickett in view of Turko teaches of the apparatus described in claim 1.
While Turko does teach of the ground engaging tool comprising an opener (Turko: Paragraph 5-8, a seeder is provided with seeding elements, ground openers, and closers mounted along a tool bar, Pickett in view of Turko does not teach of a coulter disc specifically.
Whalen teaches of an agricultural implement as part of a row unit comprising a ground engaging tool (Whalen: Col. 2, line 25-44, coulter 10 is connected to a crop planter 12 on tool bar 13, which comprise clearing discs 14 to engage the ground with minimal soil disturbance), wherein the ground engaging tool comprises a coulter disc (Whalen: Col. 1, line 10-14, the residue coulter comprises rotatable clearing discs).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the ground engaging tools taught by Pickett in view of Turko with the specific coulter disc taught by Whalen. Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing a coulter disc as part of an agricultural row unit (MPEP 2143, Subsection I, B).
Regarding Claim 12: Picket teaches of an agricultural implement, comprising:
a toolbar (Pickett: Fig. 1, hitch assembly 16);
a row unit coupled to the toolbar, the row unit including a row unit frame (Pickett: Fig. 1, thinning machine 10 comprises transverse tool bar 14, which is coupled to hitch assembly 16);
a ground engaging tool configured to engage soil of a field as the agricultural implement traverses the field (3) Pickett: Fig. 1, thinners 12 are configured to engage the soil as the thinning machine travels);
a mounting assembly configured to support the ground engaging tool relative to the row unit frame, the mounting assembly comprising (Pickett: Fig. 1/Fig. 4a, a mounting assembly is shown to support the ground engaging tool relative to the tool bar 14):
a mounting bracket coupled to the row unit frame, the mounting bracket comprising:
a mounting plate (Pickett: Fig. 4a-4b, a mounting bracket, comprising pin mounts 28 and a rectangular mounting plate attached to tool bar 14 is shown to couple to the tool bar 14);
an upper plate rigidly coupled to the mounting plate; and
a lower plate rigidly coupled to the mounting plate (Pickett: Fig. 4a-4b, pin mounts 28 are rigidly coupled to the rectangular mounting plate);
a first support arm coupled to the mounting bracket between the upper plate and the lower plate, the first support arm configured to be positionally adjusted relative to the mounting bracket to adjust the position of the ground engaging tool relative to the row unit frame in a second direction differing from the first direction (Pickett: Fig. 4a, upper portion 26a is coupled to the bracket via pin mounts 28 between said pin mounts 28, which is configured to adjust the position of the thinners 12 via rotation about an axis parallel to the tool bar 14);
and a second support arm coupled between the first support arm and the ground engaging tool, the second support arm configured to be positionally adjusted relative to the first support arm to adjust the position of the ground engaging tool relative to the row unit frame in a third direction differing from the first and second directions (Pickett: Fig. 4a, lower portion 26b is coupled to the upper portion 26a and the thinner 12, which is configured to adjust the position of the thinner 12 via rotation about a vertical axis).
Pickett does not teach specific details of the mounting bracket assembly beyond what is visible in Fig. 4a.
Turko teaches of an agricultural system, comprising:
a row unit including a row unit frame (Turko: Paragraph 5-8, a seeder is provided with seeding elements, ground openers, and closers mounted along a tool bar);
a ground-engaging tool configured to engage soil of a field as an agricultural implement traverses the field (Turko: Fig. 1-5, the seeder comprises a packer wheel 40 and opener 51 to engage the ground as the seeder travels);
and a mounting assembly configured to support the ground-engaging tool relative to the row unit frame (Turko: Fig. 1, a mounting assembly comprising vertical plate 32, linkage 33, and loops 31), the mounting assembly comprising:
a mounting bracket coupled to the row unit frame (Turko: Fig. 1, vertical plate 32 is coupled to the tool bar 10a), the mounting bracket configured to be positionally adjusted relative to the row unit frame to adjust a position of the ground-engaging tool relative to the row unit frame in a first direction, the mounting bracket comprising:
a mounting plate (Turko: Paragraph 73, the vertical plate 32 is clamped to tool bar 10A, and is not rigidly fixed in one position until tightened);
an upper plate coupled to the mounting plate;
and a lower plate coupled to the mounting plate (Turko: Fig. 1, upper and lower parallel links 34 and 35);
a first support arm coupled to the mounting bracket between the upper plate and the lower plate, the first support arm configured to be positionally adjusted relative to the mounting bracket to adjust the position of the ground-engaging tool relative to the row unit frame in a second direction differing from the first direction (Turko: Fig. 2, spring support tube 49 is disposed between the upper and lower parallel links 34 and 35);
and a second support arm coupled between the first support arm and the ground-engaging tool, the second support arm configured to be positionally adjusted relative to the first support arm to adjust the position of the ground-engaging tool relative to the row unit frame in a third direction differing from the first and second directions (Turko: Fig. 2, tubular brace 50 is disposed between spring support tube 49 and the packer wheel 40).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the generically referred to mounting bracket of Pickett with the specific mounting bracket of Turko. Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of providing a mounting bracket which allows for positional adjustment of the ground engaging tool (MPEP 2143, Subsection I, B).
While Turko does teach of the ground engaging tool comprising an opener (Turko: Paragraph 5-8, a seeder is provided with seeding elements, ground openers, and closers mounted along a tool bar, Pickett in view of Turko does not teach of a coulter disc specifically.
Whalen teaches of an agricultural implement as part of a row unit comprising a ground engaging tool (Whalen: Col. 2, line 25-44, coulter 10 is connected to a crop planter 12 on tool bar 13, which comprise clearing discs 14 to engage the ground with minimal soil disturbance), wherein the ground engaging tool comprises a coulter disc (Whalen: Col. 1, line 10-14, the residue coulter comprises rotatable clearing discs).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the ground engaging tools taught by Pickett in view of Turko with the specific coulter disc taught by Whalen. Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing a coulter disc as part of an agricultural row unit (MPEP 2143, Subsection I, B).
Regarding Claim 15: Pickett in view of Turko, further in view of Whalen teaches of the apparatus described in claim 12.
In light of the modifications described above in claim 1, Turko further teaches wherein:
one or more fasteners extend through the mounting plate, the one or more fasteners coupling the mounting plate to a portion of the row unit frame and being configured to allow a position of the mounting bracket to be adjusted along the row unit frame in a fore-aft direction of the row unit (Turko: Fig. 1; Paragraph 73, loops 31 extend through the vertical plate 32, coupling vertical plate 32 to the tool bar 10A, in such a way that vertical plate 32 is not fixed to one position until tightened, allowing the bracket to be adjusted in a fore-aft direction),
and adjustment of the position of the mounting bracket relative to the row unit frame in the fore-aft direction results in the position of the ground-engaging tool being adjusted in the fore-aft direction (Turko: Fig. 1, the position of the packer wheel 40 and the opener 51 are limited in the fore-aft direction by the position of the vertical plate 32, as there is no mechanism for the ground engaging tools to move in the fore-aft direction relative to the vertical plate 32).
Regarding Claim 20: Pickett in view of Turko, further in view of Whalen teaches of the apparatus described in claim 1.
Pickett further teaches wherein:
the first support arm is configured to be pivotably coupled to the mounting bracket about a pivot axis to adjust an angular orientation of the first support arm relative to the mounting bracket (Pickett: Fig. 4a, upper portion 26a is pivotally coupled to vertical plate 32, which adjust the angular orientation of upper portion 26a via height control bars 24 relative to the tool bar 14);
and adjustment of the angular orientation of the first support arm relative to the mounting bracket results in an angular orientation of the ground-engaging tool being adjusted relative to the row unit frame (Pickett: Fig. 4a, as the thinners 12 are positioned at the distal end of frames 26, adjusting the angle of the frames would also adjust the angle of the thinners 12 relative to the tool bar 14).
Allowable Subject Matter
Claims 2-3, 6-9, 13-14, and 16-19 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.
Regarding claims 2 and 13, while a first, second, and third different direction of movement are found in prior art, no such examples specified that the second direction extends perpendicular to the first direction and the third direction extends perpendicular to both the first direction and the second direction.
Regarding claims 6 and 16, while disclosures such as Turko demonstrate an upper and lower plate positioned relative to each other in a vertical direction, such that the first support arm is received therebetween and coupled to the upper and lower plate (Turko: Fig. 1, upper and lower parallel links 34 and 35 are positioned relatively vertical and spring support tube 49 is coupled therebetween), to modify the disclosure of Pickett to incorporate such a structural relation would fundamentally alter the function of the pin mounts 28 to relocate them to be in a vertical arrangement.
Regarding claim 7 and 17, while examples of adjustment mechanisms that incorporated a plurality of fastener holes as part of the mounting bracket, such as the disclosure of Whalen, to incorporate such an adjustment mechanism as part of the pin mounts 28 of Pickett would fundamentally alter the structure and function of the disclosure of Pickett.
Claims 3, 8-9, 14, and 18-19 depend from objected claims, and would similarly be allowable if rewritten in independent form including all 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. Bell as part of US 4928774 A teaches of an agricultural system, comprising a row unit including a ground engaging tool, a mounting assembly configured to support the ground engaging tool relative to the row unit frame, comprising a mounting bracket configured to be adjusted relative to the row unit to adjust a position of the ground engaging tool relative to the row unit frame in a first direction, a first support arm coupled to the mounting bracket and configured to be adjustable relative to the mounting bracket to adjust the position of the ground engaging tool relative to the row unit frame in a second direction, and a second support arm coupled between the first support arm and the ground engaging tool, configured to be positionally adjusted relative to the first support arm to adjust the position of the ground engaging tool relative to the row unit frame.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN ANTHONY BREGEL whose telephone number is (571)272-0922. The examiner can normally be reached 8:30-5:30 Eastern, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher J Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EVAN A BREGEL/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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