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 .
Drawings
Figures 4 & 5 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 2 are objected to because of the following informalities:
(claim 1, line 1) “the operation of a pressure source” should be changed to “an operation of a pressure source”.
(claim 1, line 4) “based on the location of the row unit” should be changed to “based on a location of the row unit”.
(claim 2, line 5) “each row unit of the agricultural implement includes a unique pressure source” should be changed to “the pressure source associated with the row unit includes a unique pressure source”.
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 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deckler (US 3,999,690).
As concerns claim 1, Deckler shows a system for controlling an operation of a pressure source (25) at a row unit (col 3, ln 36-50: planter unit) of an agricultural implement (20), comprising: a pressure source (25) positioned at one row unit (col 3, ln 36-50: planter unit) of the agricultural implement (20); wherein the pressure source is selectively activated (selectively activated by operator), based on a location (observed & determined by operator) of the row unit in a field, to apply a pressure differential at the row unit to aid in applying a particulate material to the ground (Fig. 1-3; col 4, ln 60 – col 5, ln 22).
As concerns claim 2, Deckler shows a method, comprising: determining a location (observed & determined by operator) of a row unit (col 3, ln 36-50: planter unit) of an agricultural implement (20) in a field; selectively operating (selectively activated by operator) a pressure source (25) associated with the row unit based upon the location of the row unit (Fig. 1-3; col 4, ln 60 – col 5, ln 22); wherein the pressure source associated with the row unit includes a unique pressure source (25) for applying a pressure differential only at the row unit (Fig. 1-3; col 4, ln 60 – col 5, ln 22).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wollenhaupt et al. (US 2010/0282147), Preheim et al. (US 2010/0282145) and Rosenboom (US 6,477,967) each show a row unit with a dedicated and integrated pressure source.
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, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. 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.
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/MATTHEW R BUCK/Primary Examiner, Art Unit 3672
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