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 1 is objected to because of the following informalities:
(line 10) “this first portion” should be changed to “the first portion”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 4, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2, 3 and 5-9 are rejected for being dependent upon a rejected base claim.
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.
Claims 1, 3, 4 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wendte et al. (US 2014/0182495).
As concerns claim 1, Wendte shows a seed distribution device (35) for an agricultural machine (5), the distribution device comprising a housing (48), a seed inlet (60) arranged in the housing, a perforated disc (64) driven to transport the seeds along a circular path, an outlet tube (80) transporting the seeds from the housing to a furrow in a plot of land, the seeds being transported from a tank (54) located in the housing towards the outlet tube by means of an air pressure difference on either side of the disc (paragraph 0024), the air pressure difference being interrupted in an outlet region (93) close to the outlet tube, so that the seeds leave the disc to reach the outlet tube (paragraph 0025), the outlet tube comprising a first portion (100) into which the seeds enter via an inlet (98), the first portion of the outlet tube being located inside the housing and being oriented so that the inlet is adjacent to the disc (Fig. 5), wherein the distribution device comprises a fairing element (84) in which a first opening (92) extending along a first fairing plane is carried out (Fig. 5), and in that the fairing element at least partially covers (paragraph 0026) the first portion of the outlet tube (Fig. 5).
As concerns claim 3, Wendte shows wherein the fairing element is an integral part of the housing of the distribution device (Fig. 5; paragraph 0025).
As concerns claim 4, Wendte shows wherein the fairing element is a separate part of the housing of the distribution device (Fig. 5; paragraph 0025).
As concerns claim 9, Wendte shows an agricultural machine (5) comprising a distribution device (35) according to claim 1 (Fig. 1 & 2).
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 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wendte et al. alone.
As concerns claim 7, Wendte discloses the claimed invention except for wherein the fairing element has a rounded edge and/or a chamfer adjacent to at least part of the circumference of the inlet. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have formed the fairing element with a rounded edge and/or a chamfer adjacent to at least part of the circumference of the inlet for the expected benefit of providing a smooth transition between the fairing element and the inlet of the outlet tube. Thus, one of ordinary skill in the art would have recognized that forming the fairing element with a rounded edge and/or a chamfer adjacent to at least part of the circumference of the inlet would have provided predictable results and a reasonable expectation of success. Therefore, it would have been obvious to modify Wendte to obtain the invention as specified in the claim.
As concerns claim 8, Wendte discloses the claimed invention except for wherein at least part of the circumference of the inlet of the outlet tube has a rounded edge and/or a chamfer. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have formed at least part of the circumference of the inlet of the outlet tube with a rounded edge and/or a chamfer for the expected benefit of providing a smooth transition between the fairing element and the inlet of the outlet tube. Thus, one of ordinary skill in the art would have recognized that forming at least part of the circumference of the inlet of the outlet tube with a rounded edge and/or a chamfer would have provided predictable results and a reasonable expectation of success. Therefore, it would have been obvious to modify Wendte to obtain the invention as specified in the claim.
Allowable Subject Matter
Claims 2, 5 and 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not appear to anticipate and/or render obvious:
a) a seed distribution device for an agricultural machine, the distribution device comprising a housing, a seed inlet arranged in the housing, a perforated disc driven to transport the seeds along a circular path, an outlet tube transporting the seeds from the housing to a furrow in a plot of land, the seeds being transported from a tank located in the housing towards the outlet tube by means of an air pressure difference on either side of the disc, the air pressure difference being interrupted in an outlet region close to the outlet tube, so that the seeds leave the disc to reach the outlet tube, the outlet tube comprising a first portion into which the seeds enter via an inlet, the first portion of the outlet tube being located inside the housing and being oriented so that the inlet is adjacent to the disc, wherein the distribution device comprises a fairing element in which a first opening extending along a first fairing plane is carried out, and in that the fairing element at least partially covers the first portion of the outlet tube, wherein the fairing element comprises a second opening extending in a second fairing plane, the first fairing plane and the second fairing plane being secant.
b) a seed distribution device for an agricultural machine, the distribution device comprising a housing, a seed inlet arranged in the housing, a perforated disc driven to transport the seeds along a circular path, an outlet tube transporting the seeds from the housing to a furrow in a plot of land, the seeds being transported from a tank located in the housing towards the outlet tube by means of an air pressure difference on either side of the disc, the air pressure difference being interrupted in an outlet region close to the outlet tube, so that the seeds leave the disc to reach the outlet tube, the outlet tube comprising a first portion into which the seeds enter via an inlet, the first portion of the outlet tube being located inside the housing and being oriented so that the inlet is adjacent to the disc, wherein the distribution device comprises a fairing element in which a first opening extending along a first fairing plane is carried out, and in that the fairing element at least partially covers the first portion of the outlet tube, wherein the inlet is oriented along at least two secant planes.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Garner et al. (US 10,750,662) shows a seed distribution device for an agricultural machine, the distribution device comprising a housing, a seed inlet arranged in the housing, a perforated disc driven to transport the seeds along a circular path, an outlet tube transporting the seeds from the housing to a furrow in a plot of land, the seeds being transported from a tank located in the housing towards the outlet tube by means of an air pressure difference on either side of the disc, the air pressure difference being interrupted in an outlet region close to the outlet tube, so that the seeds leave the disc to reach the outlet tube, the outlet tube comprising a first portion into which the seeds enter via an inlet, the first portion of the outlet tube being located inside the housing and being oriented so that the inlet is adjacent to the disc, wherein the distribution device comprises a fairing element in which a first opening extending along a first fairing plane is carried out, and in that the fairing element at least partially covers the first portion of the outlet tube.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R BUCK whose telephone number is (571)270-3653. The examiner can normally be reached Monday-Thursday 6:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571)272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R BUCK/Primary Examiner, Art Unit 3672
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