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 .
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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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, 7-8, 10-11, 13-14, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berendsen (EP3057402B1)(cited by applicant).
Regarding claims 1 and 13-14, Berendsen discloses a metering member for an agricultural implement, comprising:
A body (29) configured to couple with a metering device
A raised ring/protruding structures (27, 28) formed circumferentially (cumulatively) around a rim of the body (29), the raised ring defining a plurality of seed receiving portions (17-20) each configured to receive a seed therein, the plurality of seed receiving portions having a plurality of walls defining a continuous wall structure and forming a cavity/cell therein
The cavity has an outwardly facing open end
One or more walls of the plurality of walls have a different height than one or more other walls within each seed receiving portion
At least one wall of the plurality of walls is an arcuate shaped wall having a configuration complementary to a seed shape
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Regarding claim 7, the plurality of walls comprise a front wall (wall portion adjacent outward opening) having a chamfered edge at a front outward end of the outwardly facing open end (See figure above).
Regarding claim 8, the plurality of seed receiving portions define spaced apart cavities, wherein a distance between the spaced apparat cavities is defined based on one of a type or size of the seed (defined based on size because the size of the opening has outwardly facing open end has to be able to accommodate the seed).
Regarding claims 10-11 and 17, Berendsen discloses that the body comprises a disc and/or bowl (Figure 4).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berendsen (EP3057402B1)(cited by applicant) in view of Official Notice.
Regarding claim 9, Berendsen discloses the invention as described above, but fails to disclose the type of seed that is metered by the disc. The examiner takes Official Notice that seed meters are known in the art to be able to meter sunflower and/or corn seeds. One of ordinary skill in the art before the effective filing date of the claimed invention would have appreciated that the Berendsen device could be used or modified to be used to meter sunflower and/or corn seeds.
Allowable Subject Matter
Claims 2-6, 12 and 15-16 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. Lundie (4,600,122) discloses the use of cavities with walls of varying heights and complementary in shape to a seed to meter sunflower seeds.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris 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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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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