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
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution.
Misnumbered claims 9 (first occurrence), 9 (second occurrence) and 10 have been renumbered claims 9-11.
Claims 9-11 are objected to because of the following informalities:
(claim 9, line 1) “Th seed spike of claim 8” should be changed to “The seed spike assembly of claim 8”.
(claim 10, line 10) “the soils” should be changed to “the soil”.
(claim 11, line 1) “The method of claim 9” should be changed to “The method of claim 10”.
(claim 11, line 2) “it” should be changed to “the seed”.
Appropriate correction is required.
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 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buchner et al. (US 2019/0230845).
As concerns claim 1, Buchner shows a seed spike assembly (52) comprising: a seed spike (60) having a first channel (78) and a second channel (64) in communication with one another (Fig. 5 & 7); a funnel (54) configured to provide seed to the first channel (paragraph 0052 & 0059); a slider (62) in the second channel (Fig. 5); a crank wheel (68); and a connecting rod (70) connecting the crank wheel to the slider (Fig. 5), wherein as the slider is moved the first channel is one of blocked by the slider (Fig. 5 & 7 [position 2]) and exposed by the slider (Fig. 7 [position 3 & 4]).
As concerns claim 2, Buchner shows wherein the slider is configured to protrude outside of the seed spike (Fig. 7 [position 7]).
As concerns claim 3, Buchner shows wherein the seed spike includes a back side (Fig. 5: lower left side of body 60) and a front side (Fig. 5: lower right side of body 60) which join to form a substantially pointed end (Fig. 5).
As concerns claim 4, Buchner shows wherein the seed spike includes a back side (Fig. 5: lower left side of body 60) which is inclined and a front side (Fig. 5: lower right side of body 60) which join together to form a substantially pointed end (Fig. 5).
As concerns claim 5, Buchner shows wherein the seed spike includes a back side (Fig. 5: lower left side of body 60) which is inclined and a substantially vertical front side (Fig. 5: lower right side of body 60) which join together to form a substantially pointed end (Fig. 5).
As concerns claim 6, Buchner shows wherein the back side is inclined from the horizontal at least 45 degrees (Fig. 5).
As concerns claim 7, Buchner shows wherein an end (62a) of the slider is pointed (Fig. 5).
As concerns claim 8, Buchner shows a seed spike assembly (52) comprising: a body (60) having an inclined back side (Fig. 5: lower left side of body 60) and a front side (Fig. 5: lower right side of body 60) that connect to form a substantially pointed end (Fig. 5), the body including a first channel (78) configured to receive an agricultural seed (90) and a second channel (64) that intersects the first channel and receives the seed from the first channel (Fig. 5 & 7), the second channel having an opening (paragraph 0054) through which the seed may exit the body (Fig. 5 & 7); and a slider (62) in the second channel (Fig. 5), the slider having a pointed end (62a) and configured to slide into a first position to block a seed from entering the second channel from the first channel (Fig. 7 [position 2]), a second position to allow the seed the enter the second channel (Fig. 7 [position 3 & 4]), and a third position where the slider extends out of the second channel near the pointed end (Fig. 7 [position 7]).
As concerns claim 9, Buchner shows wherein the inclined back side is inclined at least 45 degrees from the horizontal when the front side is vertical (Fig. 5).
As concerns claim 10, Buchner shows a method of planting a seed (90) comprising: pushing a seed spike assembly (52) into the ground (Fig. 7), the seed spike assembly having a body (60) with an inclined back side (Fig. 5: lower left side of body 60) and a front side (Fig. 5: lower right side of body 60) that connects to the inclined back side to form a substantially pointed end (Fig. 5), the body including a first channel (78) with a seed (90) and a second channel (64) that intersects the first channel, the seed spike assembly further including a slider (62) in the second channel in a position which blocks soil from entering the second channel and blocks the seed from entering the second channel (Fig. 7 [position 2]); moving the slider in the second channel to allow the seed to enter the second channel and drop into the soil (Fig. 7 [position 3-6 & 1]); and moving the slider in the second channel to push the seed into the soil to create seed soil contact and clear out any debris in the second channel (Fig. 7 [position 7]).
As concerns claim 11, Buchner shows wherein the slider has an inclined surface to move the seed in a sideways and downward direction as the seed is pressed into the soil by the slider (paragraph 0071).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Anderson et al. (US 1,477,097) shows a seed spike assembly comprising: a seed spike having a first channel and a second channel in communication with one another; a funnel configured to provide seed to the first channel; a slider in the second channel; a crank wheel; and a connecting means connecting the crank wheel to the slider, wherein as the slider is moved the first channel is one of blocked by the slider and exposed by the slider (Fig. 7, 8 & 11).
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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