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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 6 and 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-13 of U.S. Patent No. 12/161,073. As to claims 1 and 7, although the claims at issue are not identical, they are not patentably distinct from each other because they both claim a method of applying a crop input to a field, the method comprising: (a) positioning a vehicle in the field, said vehicle including: a frame rollingly supported on a plurality of wheels, wherein at least one of said plurality of wheels is a drive wheel capable of moving said frame along a first directional axis; a boom supported on said frame above a soil surface of the field, said boom extending transverse to said first directional axis, said boom supporting a plurality of spaced applicators; a power source supported on said frame, said power source operably powering said drive wheel; a reel rotationally supported on said frame above the soil surface of the field, said reel supporting a length of conduit wound thereon, said length of conduit having an inlet end and an outlet end, said outlet end of said length of conduit in fluid communication with said plurality of spaced applicators; (b) coupling said inlet end of said length of conduit to a crop input source disposed within the field; (c) communicating a crop input from said crop input source through said length of conduit; (d) driving said drive wheel to cause said vehicle to move in a first portion of the field along said first directional axis in a first direction of travel, whereby, as said frame moves in said first direction of travel in said first portion of field, said reel rotates such that a portion of said length of conduit is unwound from said reel onto the soil surface of the first portion of the field; (e) driving said drive wheel to cause said vehicle to move in the first portion of the field along the first directional axis in a second direction of travel opposite the first direction of travel, whereby, as said frame moves in said second direction of travel, said reel rotates such that said unwound portion of said length of conduit is rewound back onto said reel; (f) driving said drive wheel to cause said vehicle to move in a second portion of the field along said first directional axis in said second direction of travel, whereby, as said frame moves in said second direction of travel in the second portion of field, said reel rotates such that a portion of said length of conduit is unwound from said reel onto the soil surface of the second portion of the field; and (g) driving said drive wheel to cause said vehicle to move in the second portion of the field along the first directional axis in said first direction of travel, whereby, as said frame moves in said first direction of travel, said reel rotates such that said unwound portion of said length of conduit is rewound back onto said reel. Claims 1 and 7 are broader in scope than claims 9 and 12 of U.S. Patent No. 12/161,073, and are therefore, encompassed in claims 9 and 12 of U.S. Patent No. 12/161,073.
As to claim 2, see claim 10 of U.S. Patent No. 12/161,073.
As to claim 3, see claim 11 of U.S. Patent No. 12/161,073.
As to claim 6, see claim 13 of U.S. Patent No. 12/161,073.
Allowable Subject Matter
Claims 4, 5 and 8-12 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. Alig et al ‘093 and Tidwell ‘774 disclose crop irrigators with booms have hose reels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/Primary Examiner, Art Unit 3752
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