Prosecution Insights
Last updated: August 18, 2026
Application No. 18/924,697

SHOOT SELECTION APPARATUS AND METHOD

Non-Final OA §103
Filed
Oct 23, 2024
Examiner
BUCK, MATTHEW R
Art Unit
3672
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Deere & Company
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
1523 granted / 1831 resolved
+31.2% vs TC avg
Moderate +15% lift
Without
With
+14.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
45 currently pending
Career history
1861
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
41.3%
+1.3% vs TC avg
§102
21.9%
-18.1% vs TC avg
§112
30.1%
-9.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1831 resolved cases

Office Action

§103
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 Claims 1, 2, 9 and 13 are objected to because of the following informalities: (claim 1, line 1) “controlling the distribution of commodity” should be changed to “controlling a distribution of commodity”. (claim 2, line 2) “the meter assembly housing” should be changed to “a meter assembly housing”. (claim 9, line 2) “a first tank configure to contain” should be changed to “a first tank configured to contain”. (claim 13, line 3) “rotating the roller in a second direction” should be changed to “rotating the roller in the second direction”. Appropriate correction is required. 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, 2, 6, 14, 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Harmon (US 2021/0127560) and further in view of Beaujot et al. (US 2011/0179984). As concerns claim 1, Harmon shows a method for controlling a distribution of commodity in a planting assembly (Fig. 1), comprising: identifying, with a controller (214), a desired passage from at least a first passage (210, 310) and a second passage (212, 312) for a meter assembly (204) to distribute a commodity into (Fig. 3a & 3b); and selectively rotating a roller (208) of the meter assembly, with the controller, in a direction to distribute commodity into the first passage (Fig. 3a) and selectively rotating the roller of the meter assembly, with the controller, in the direction to distribute commodity into the second passage (Fig. 3b); wherein the commodity is directed towards the first passage when the roller is rotated in the direction (Fig. 3a) and the commodity is directed towards the second passage when the roller is rotated in the direction (Fig. 3b). Harmon discloses the claimed invention except for selectively rotating the roller of the meter assembly, with the controller, in a first direction to distribute commodity into the first passage and selectively rotating the roller of the meter assembly, with the controller, in a second direction to distribute commodity into the second passage; wherein the commodity is directed towards the first passage when the roller is rotated in the first direction and commodity is directed towards the second passage when the roller is rotated in the second direction. Beaujot teaches selectively rotating a roller (220) of a meter assembly (210) in a first direction (A) to distribute commodity into a first passage (252) and selectively rotating the roller of the meter assembly in a second direction (B) to distribute commodity into a second passage (262); wherein the commodity is directed towards the first passage when the roller is rotated in the first direction and the commodity is directed towards the second passage when the roller is rotated in the second direction (Fig. 17). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Harmon, as taught by Beaujot, to selectively rotate the roller in a first direction to distribute commodity into the first passage and selectively rotate the roller in a second direction to distribute commodity into the second passage for the expected benefit of directing the commodity towards the first passage and the second passage based on the direction of rotation of the roller prior to the commodity being diverted by the diverter. Thus, one of ordinary skill in the art would have recognized that selectively rotating the roller of the meter assembly, with the controller, in a first direction to distribute commodity into the first passage and selectively rotating the roller of the meter assembly, with the controller, in a second direction to distribute commodity into the second passage such that the commodity is directed towards the first passage when the roller is rotated in the first direction and commodity is directed towards the second passage when the roller is rotated in the second direction would have provided predictable results and a reasonable expectation of success. Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the expected result of this configuration improves versatility/adaptability/efficiency of the assembly design. As concerns claim 2, the combination teaches diverting the commodity towards the desired passage with a diverter (Beaujot: 235) that is fixed relative to a meter assembly housing (Beaujot: 212) and positioned at an outlet of the meter assembly (Beaujot: Fig. 17). As concerns claim 6, Harmon shows diverting the commodity towards the desired passage with a diverter (216, 302) that pivots relative to a meter assembly housing (304) between a first orientation and a second orientation when the roller transitions from rotating in the first direction to rotating in the second direction (Fig. 3a & 3b). As concerns claim 14, Harmon shows a commodity distribution assembly (200), comprising: a tank (202) configured to contain a commodity; and a meter assembly (204) at an outlet of the tank (Fig. 2), the meter assembly comprising: a roller (208) configured to selectively distribute commodity from the tank to one or more of at least a first passage (210, 310) and a second passage (212, 312); and a diverter (216, 302) configured to divert commodity to one or more of the first passage and second passage (Fig. 3a & 3b); wherein, the diverter directs commodity flow from the tank to the first passage when the roller rotates in a direction (Fig. 3a) and the diverter directs commodity flow from the tank to the second passage when the roller rotates in the direction (Fig. 3b). Harmon discloses the claimed invention except for wherein, the diverter directs commodity flow from the tank to the first passage when the roller rotates in a first direction and the diverter directs commodity flow from the tank to the second passage when the roller rotates in a second direction. Beaujot teaches wherein, a diverter (235) directs commodity flow from a tank (52) to a first passage (252) when a roller (220) rotates in a first direction (A) and the diverter directs commodity flow from the tank to a second passage (262) when the roller rotates in a second direction (B). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Harmon, as taught by Beaujot, to selectively rotate the roller in a first direction to distribute commodity into the first passage and selectively rotate the roller in a second direction to distribute commodity into the second passage for the expected benefit of directing the commodity towards the first passage and the second passage based on the direction of rotation of the roller prior to the commodity being diverted by the diverter. Thus, one of ordinary skill in the art would have recognized that selectively rotating the roller of the meter assembly, with the controller, in a first direction to distribute commodity into the first passage and selectively rotating the roller of the meter assembly, with the controller, in a second direction to distribute commodity into the second passage such that the commodity is directed towards the first passage when the roller is rotated in the first direction and commodity is directed towards the second passage when the roller is rotated in the second direction would have provided predictable results and a reasonable expectation of success. Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the expected result of this configuration improves versatility/adaptability/efficiency of the assembly design. As concerns claim 15, the combination teaches wherein the diverter (Beaujot: 235) is substantially fixed relative to a meter housing (Beaujot: 212) of the meter assembly (Beaujot: Fig. 17). As concerns claim 17, Harmon shows wherein the diverter pivots to a first orientation through contact with the roller when the roller rotates in the first direction (Fig. 3a) and pivots to a second orientation through contact with the roller when the roller rotates in the second direction (Fig. 3b). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Harmon and Beaujot et al. as applied to claim 1 above, and further in view of Li et al. (US 2021/0045285). As concerns claim 3, the combination of Harmon and Beaujot discloses the claimed invention except for wherein the diverter comprises at least one brush extending from a tip of the diverter towards the roller. Li teaches wherein a diverter comprises at least one brush (8) extending from a tip of the diverter towards a roller (Fig. 1). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Harmon and Beaujot, as taught by Li, to include a brush extending from a tip of the diverter towards the roller for the expected benefit of preventing commodity from passing thereby. Thus, one of ordinary skill in the art would have recognized that extending a brush from a tip of the diverter towards the roller would have provided predictable results and a reasonable expectation of success. Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the expected result of this configuration improves versatility/adaptability/efficiency of the assembly design. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Harmon in view of Beaujot et al., and further in view of Bent et al. (US 2019/0152723). As concerns claim 20, Harmon shows a system (200) for directing commodity from a tank (202) to one or more of a first passage (210, 310) and a second passage (212, 312) with a meter assembly (204), comprising: providing a controller (214) configured to selectively control the meter assembly and selectively alter a fluid flow path of a blower (35); wherein, the controller is configured to selectively rotate a roller (208) of the meter assembly in a direction to direct commodity to the first passage (Fig. 3a); and wherein the controller is configured to selectively rotate the roller of the meter assembly in the direction to direct commodity to the second passage (Fig. 3b). Harmon discloses the claimed invention except for wherein, the controller is configured to selectively rotate the roller of the meter assembly in a first direction to direct commodity to the first passage; and wherein the controller is configured to selectively rotate the roller of the meter assembly in a second direction to direct commodity to the second passage. Beaujot teaches wherein a roller (220) of a meter assembly (210) is selectively rotated in a first direction (A) to direct commodity to a first passage (252); and wherein the roller of the meter assembly is selectively rotated in a second direction (B) to direct commodity to a second passage (262). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Harmon, as taught by Beaujot, to selectively rotate the roller in a first direction to distribute commodity into the first passage and selectively rotate the roller in a second direction to distribute commodity into the second passage for the expected benefit of directing the commodity towards the first passage and the second passage based on the direction of rotation of the roller prior to the commodity being diverted by the diverter. Thus, one of ordinary skill in the art would have recognized that selectively rotating the roller of the meter assembly, with the controller, in a first direction to distribute commodity into the first passage and selectively rotating the roller of the meter assembly, with the controller, in a second direction to distribute commodity into the second passage such that the commodity is directed towards the first passage when the roller is rotated in the first direction and commodity is directed towards the second passage when the roller is rotated in the second direction would have provided predictable results and a reasonable expectation of success. Harmon further discloses the claimed invention except for wherein the controller is configured to direct fluid flow to the tank when the roller is rotating in the first direction. Bent teaches wherein a controller (56) is configured to direct fluid flow to a tank (12) when a roller (28) is rotating in a first direction (Fig. 2). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Harmon and Beaujot, as taught by Bent, to direct fluid flow to the tank for the expected benefit of pressurizing the tank to promote flow of commodity through the meter assembly. Thus, one of ordinary skill in the art would have recognized that directing fluid flow to the tank when the roller is rotating in the first direction would have provided predictable results and a reasonable expectation of success. Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the expected result of this configuration improves versatility/adaptability/efficiency of the assembly design. Allowable Subject Matter Claims 4, 5, 7-13, 16, 18 and 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. 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 method for controlling a distribution of commodity in a planting assembly, comprising: identifying, with a controller, a desired passage from at least a first passage and a second passage for a meter assembly to distribute a commodity into; and selectively rotating a roller of the meter assembly, with the controller, in a first direction to distribute commodity into the first passage and selectively rotating the roller of the meter assembly, with the controller, in a second direction to distribute commodity into the second passage; wherein the commodity is directed towards the first passage when the roller is rotated in the first direction and commodity is directed towards the second passage when the roller is rotated in the second direction; and diverting the commodity towards the desired passage with a diverter that flexes relative to a meter assembly housing when the roller transitions from rotating in the first direction to rotating in the second direction. b) a method for controlling a distribution of commodity in a planting assembly, comprising: identifying, with a controller, a desired passage from at least a first passage and a second passage for a meter assembly to distribute a commodity into; and selectively rotating a roller of the meter assembly, with the controller, in a first direction to distribute commodity into the first passage and selectively rotating the roller of the meter assembly, with the controller, in a second direction to distribute commodity into the second passage; wherein the commodity is directed towards the first passage when the roller is rotated in the first direction and commodity is directed towards the second passage when the roller is rotated in the second direction; diverting the commodity towards the desired passage with a diverter that pivots relative to a meter assembly housing between a first orientation and a second orientation when the roller transitions from rotating in the first direction to rotating in the second direction; and transitioning the diverter to the first orientation with the roller when the roller is rotating in the first direction to direct commodity from the outlet to the first passage and maintaining the diverter in the first orientation with a first magnet in the meter assembly housing. c) a method for controlling a distribution of commodity in a planting assembly, comprising: identifying, with a controller, a desired passage from at least a first passage and a second passage for a meter assembly to distribute a commodity into; and selectively rotating a roller of the meter assembly, with the controller, in a first direction to distribute commodity into the first passage and selectively rotating the roller of the meter assembly, with the controller, in a second direction to distribute commodity into the second passage; wherein the commodity is directed towards the first passage when the roller is rotated in the first direction and commodity is directed towards the second passage when the roller is rotated in the second direction; and selectively redirecting fluid flow, with the controller, from a first blower to a first tank configure to contain commodity when the roller is rotated in the first direction and selectively redirecting fluid flow, with the controller, from a second blower to the first tank when the roller is rotated in the second direction. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bent et al. (US 9,615,505), Friggstad (US 2012/0174844) and Dean et al. (US 7,690,440) each show a meter assembly having a roller and a diverter. 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. Examiner interviews are available via telephone. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MATTHEW R BUCK/Primary Examiner, Art Unit 3672
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Prosecution Timeline

Oct 23, 2024
Application Filed
Jun 26, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
98%
With Interview (+14.6%)
2y 0m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1831 resolved cases by this examiner. Grant probability derived from career allowance rate.

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