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.
Claim(s) 1, 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Littke 5,963,139.
Independent Claim 1: Littke discloses a commodity metering assembly (220, Fig. 8), comprising:
a meter housing (270) defining an inlet (at 258) and at least one outlet (at 332);
a roller (282) rotationally coupled to the meter housing and configured to selectively process a commodity from the inlet to the at least one outlet; and
a first sensor (38) coupled to the meter housing;
wherein, the first sensor is positioned to identify a buildup at the at least one outlet (as seen in Fig. 8), as per claim 1.
Dependent Claim 9: Littke further discloses a second sensor (34) coupled to the meter housing (270) at the inlet (at 258) configured to identify the presence of commodity at the inlet, as per claim 9.
Claim(s) 1, 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gregor et al. 6,320,183.
Independent Claim 1: Gregor discloses a commodity metering assembly, comprising:
a meter housing (seen in Fig. 2) defining an inlet (56) and at least one outlet (64);
a roller (60) rotationally coupled to the meter housing and configured to selectively process a commodity from the inlet to the at least one outlet; and
a first sensor (lower sensor 70, at outlet 64) coupled to the meter housing;
wherein, the first sensor is positioned to identify a buildup at the at least one outlet (as seen in Fig. 2), as per claim 1.
Dependent Claim 4: Gregor further discloses wherein the first sensor (lower sensor 70, at outlet 64) has a primary reading direction at least partially directed toward the outlet (as seen in Fig. 2, the sensor is directed into the outlet), as per claim 4.
Claim(s) 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jalas 4,354,775.
Independent Claim 17: Jalas discloses a system for identifying a blockage of commodity in a meter assembly (see Figs. 4-6), comprising:
a meter housing (10), a flapper (43), and a first sensor (45) coupled to the meter housing;
wherein the first sensor is positioned to have a primary reading direction oriented towards the flapper (see the Figs. 4-6, wherein photo-cell sensor 45 detects a blockage toward the region of flapper 43);
wherein the meter assembly is configured to cycle the flapper between a first position (Fig. 6) and a second position (Fig. 5) to clear buildup along the primary reading direction of the first sensor;
wherein the meter assembly is configured to monitor the first sensor to identify a blockage (col. 3, lns. 9-22), as per claim 17.
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, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Littke in view of Bailey 3,620,419.
Dependent Claims 2, 8: The metering assembly is disclosed as applied above. However, Littke fails to disclose a flapper configured to pivot about a flapper axis between a first position and a second position, wherein the flapper is sized so at least a portion of the flapper passes a location proximate to the first sensor as the flapper transitions from the first position to the second position, as per claim 2;
a flapper configured to pivot about a flapper axis, wherein the meter housing defines a flapper sweep cavity that allows the flapper to pivot between a first position and a second position and the first sensor is coupled to the meter housing at a location adjacent to the flapper sweep cavity, as per claim 8.
Bailey discloses a similar metering assembly comprising a flapper (93) configured to pivot about a flapper axis (defined through the center of 97) between a first position (shown in Fig. 3) and a second position (when flapper 93 is pushed further away from the roller 15), as per claim 2. It can be seen that when Bailey’s pivotable flapper is substituted for Littke’s fixed housing portion 331 that the flapper will pass a location proximate to Littke’s first sensor (38) as the flapper transitions from the first position to the second position, as per claim 2;
a flapper (93) configured to pivot about a flapper axis (defined through the center of 97), wherein the meter housing defines a flapper sweep cavity (the cavity allowing the range of movement of flapper 93, see in Fig. 3) that allows the flapper to pivot between a first position (the position in Fig. 3) and a second position (a position wherein flapper 93 is pushed farther away from roller 15 when a blockage or foreign material is passed) and the first sensor is coupled to the meter housing at a location adjacent to the flapper sweep cavity (when combined with Littke’s meter housing), as per claim 8.
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 flapper of Bailey for the fixed bottom surface at Littke’s roller in order to clear blockages or foreign material.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregor et al. ‘183 in view of Gregor 5,855,303.
Dependent Claim 5: The metering assembly is disclosed as applied above. However, Gregor ‘183 fails to disclose wear plates positioned between the meter housing and the roller, wherein the first sensor is positioned so the primary reading direction is unobstructed by the wear plates, as per claim 5.
Gregor ‘303 discloses a similar metering assembly comprising a wear plate (155) positioned between the meter housing (140) and the roller (145), as per claim 5. It can be seen that when Gregor ’303’s wear plate is installed into Gregor ‘183’s meter housing that Gregor ‘183’s first sensor (lower 70) is positioned so the primary reading direction is unobstructed by the wear plates, as per claim 5.
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 wear plates of Gregor ‘303 in the meter housing of Gregor ‘183 in order to provide a replaceable surface for the areas that receive the most wear.
Additionally, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of wear plates in the meter housing so that any area that receives higher than usual wear can easily be replaced.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregor et al. ‘183 in view of Van Meurs US 2018/0098495 A1.
Dependent Claim 6: The metering assembly is disclosed as applied above. However, Gregor ‘183 fails to disclose wherein the meter housing defines a commodity flow path and the first sensor is separated from the commodity flow path by a meter material, as per claim 6.
Van Meurs discloses a similar agricultural device wherein the housing (4) defines a commodity flow path and the first sensor (1, 2) is separated from the commodity flow path by a meter material (3), as per claim 6.
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 meter material over the sensor as taught by Van Meurs on Gregor ‘183’s metering assembly in order to protect the sensor from being polluted or damaged.
Claim(s) 10-12, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregor et al. ‘183 in view of Bailey.
Independent Claim 10: Gregor ‘183 discloses a meter assembly comprising:
a meter housing (seen in Fig. 2) defining an inlet (56) and an outlet (64) and configured to selectively transfer a commodity through the meter housing;
a first sensor (lower sensor 70, at outlet 64) coupled to the meter housing and having a primary reading direction (indicated by the three arrows at 64 in Fig. 2) at least partially oriented into a cavity (the interior of the housing and/or 64), as per claim 10.
However, Gregor ‘183 fails to disclose a flapper configured to pivot between a first position and a second position within a sweep cavity; and
wherein, as the flapper pivots from the first position to the second position at least a portion of the flapper passes through the primary reading direction, as per claim 10.
Bailey discloses a similar metering assembly comprising a flapper (93) configured to pivot between a first position (seen in Fig. 3) and a second position (when the flap 93 is pushed further away from roller 15) within a sweep cavity (69), as per claim 10.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide substitute the pivotable flapper of Bailey for the fixed lower surface under Gregor ‘183’s roller (60) in order to allow a blockage to clear or foreign material to pass through the meter.
It can be seen that when Bailey’s flapper is substituted for Gregor ‘183’s lower roller surface, that as the flapper pivots from the first position to the second position at least a portion of the flapper will pass through the primary reading direction (at the three arrows in outlet 64), as per claim 10.
Dependent Claims 11-12, 16: Bailey further discloses wherein the flapper (93) is sized to remove buildup from the sweep cavity (69) as the flapper transitions between the first position (its metering position) and the second position (a pushed away position), as per claim 11.
Gregor ‘183 further discloses wherein the first sensor (lower sensor 70) is positioned at least partially in a cavity (at 64) of the meter housing (seen in Fig. 2), as per claim 12;
wherein the meter housing (seen in Fig. 2) defines a commodity flow path between the inlet (56) and the outlet (64) and the first sensor (lower sensor 70) is positioned along the outlet outside of the flow path (as seen in Fig. 2), as per claim 16.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregor ‘183 in view of Bailey as applied to claim 10 above, and further in view of Van Meurs.
Dependent Claim 13: The meter assembly is disclosed as applied above. However, the combination fails to disclose wherein a material of the meter housing separates the first sensor from the sweep cavity, as per claim 13.
Van Meurs discloses a similar agricultural sensor wherein a material (3) of the meter housing (4) separates the first sensor (1, 2) from the cavity (the sensed portion of the commodity flow path), as per claim 13.
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 meter material covered sensor of Van Meurs on the meter assembly of Gregor ‘183 and Bailey in order to protect the sensor from being polluted or damaged.
Allowable Subject Matter
Claims 3, 7, 14-15, 18-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892. Lehner et al. DE 102005058563 A1 discloses a flapper/stirrer for actuation when a blockage is detected but does not discloses the specific arrangement of roller and flapper and sensor.
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 September 14, 2026
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