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
Claim 8 is objected to because of the following informalities:
(line 2) “a first and/or a second ring” should be changed to “a first ring and a second ring”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "wherein the at least one flow guide is configured similar to a guide vane or similar to a guide plate" in lines 4-5. It is unclear what is included or excluded by the claim language. In other words, it is unclear what portions of a guide vane or a guide plate are included in the claim language. Clarification is needed.
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, 2, 9 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Siebers (EP 0873675).
As concerns claim 1, Siebers shows a flow device (10) for at least partially guiding a flow of conveyed material (14) within a distributor head (11) of an agricultural spreading machine (Fig. 1), wherein the flow device is configured to generate an at least partially rotating or an at least partially helical flow (vortex tube 10 ensures the seed mixture is swirled so as to be distributed evenly by the distributor 11) of conveyed material (Fig. 3).
As concerns claim 2, Siebers shows wherein the flow device (10) comprises at least one flow guide (24, 25) for generating an at least partially rotating or at least partially helical conveyed material flow, and wherein the at least one flow guide is configured to act from outside on a conveyed material flow in order to add a movement component or flow component in tangential direction and/or in radial direction and/or in axial direction to at least one outer section of the conveyed material flow, which completely surrounds an inner section of the conveyed material flow (Fig. 3).
As concerns claim 9, Siebers shows wherein the flow device (10) is configured in a modular manner so that at least two flow devices (24, 25) are connectable or detachable to each other (Fig. 1 & 3), and wherein the flow device (10) comprises at least one connecting section at which two flow devices (24, 25) are connectable to one another in a material-fit and/or friction-fit and/or force-fit manner (Fig. 1 & 3).
As concerns claim 11, Siebers shows a distributor head (11) for an agricultural spreading machine (Fig. 1) and for distributing granular material to a plurality of spreading lines (12, 13), comprising an inlet device (27) for connection to a supply line (9) of an agricultural spreading machine (Fig. 1 & 3), wherein a conveyed material flow (14) comprising air and granular material can be introduced into the distributor head through the inlet device (Fig. 1), a main conveyor (10) for further conveying the conveyed material flow from the inlet device to a distribution device (18) of the distributor head (Fig. 3), and a distribution device (18) for distributing and/or forwarding the conveyed material flow into output channels (16, 17) of the distributor head (Fig. 3), wherein the distributor head comprises at least one flow device (10) for at least partially guiding the conveyed material flow according to claim 1 (Fig. 1 & 3).
As concerns claim 12, Siebers shows wherein the at least one flow device (10) is arranged at the main conveyor (10) and further forms and/or continues the main conveyor (Fig. 3).
As concerns claim 13, Siebers shows wherein the at least one flow device (10) is configured to be immovable (Fig. 3).
As concerns claim 14, Siebers shows an agricultural spreading machine comprising a distributor head (11) according to claim 11 (Fig. 1 & 3).
Claims 1, 2, 4, 6-8 and 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andersson (US 4,530,462).
As concerns claim 1, Andersson shows a flow device (50, 63, 66) for at least partially guiding a flow of conveyed material within a distributor head (40) of an agricultural spreading machine, wherein the flow device (66) is configured to generate an at least partially rotating or an at least partially helical flow of conveyed material (Fig. 5; col 4, ln 51-55).
As concerns claim 2, Andersson shows wherein the flow device comprises at least one flow guide (66) for generating an at least partially rotating or at least partially helical conveyed material flow (Fig. 5; col 4, ln 51-55), and wherein the at least one flow guide (66) is configured to act from outside on a conveyed material flow in order to add a movement component or flow component in tangential direction and/or in radial direction and/or in axial direction to at least one outer section of the conveyed material flow, which completely surrounds an inner section of the conveyed material flow (Fig. 5).
As concerns claim 4, Andersson shows wherein the flow device comprises at least one flow guide (66) for generating an at least partially rotating or at least partially helical conveyed material flow (Fig. 5; col 4, ln 51-55), and wherein the at least one flow guide (66) is configured similar to a guide vane or a guide plate (Fig. 5).
As concerns claim 6, Andersson shows wherein the flow device comprises at least one flow guide (66) for generating an at least partially rotating or at least partially helical conveyed material flow (Fig. 5; col 4, ln 51-55), wherein the flow guide (66) is configured as a fluid channel (65) within a wall (51) of the flow device (Fig. 5).
As concerns claim 7, Andersson shows wherein the at least one flow guide (66) is arranged within a wall (51) of the flow device in order to add a movement component or flow component in tangential direction and/or in radial direction and/or in axial direction to the conveyed material flow by means of an air flow which flows through the at least one flow guide (Fig. 5).
As concerns claim 8, Andersson shows wherein the flow device comprises a first ring (63) and a second ring (66) of flow guides, wherein the first ring comprises at least one first flow guide (63) and the second ring comprises at least one second flow guide (66), and wherein the first and second ring are arranged offset to each other in such a way that the end of a first flow guide of the first ring arranged in direction of a conveyed material flow is arranged between two beginnings of two second flow guides of the second ring (Fig. 5).
As concerns claim 10, Andersson shows wherein the flow device (66) comprises at least one connecting section, at which the flow device is connectable in a material- and/or friction- and/or force-fit manner to a wall of an inlet device (65) of a distribution head of an agricultural spreading machine (Fig. 5).
As concerns claim 11, Andersson shows a distributor head (40) for an agricultural spreading machine and for distributing granular material to a plurality of spreading lines (48), comprising an inlet device (intermediate portion of pipe 65) for connection to a supply line (lower portion of pipe 65) of an agricultural spreading machine, wherein a conveyed material flow comprising air and granular material can be introduced into the distributor head through the inlet device (Fig. 5), a main conveyor (upper portion of pipe 65) for further conveying the conveyed material flow from the inlet device to a distribution device (43, 44) of the distributor head, and a distribution device (43, 44) for distributing and/or forwarding the conveyed material flow into output channels (47) of the distributor head, wherein the distributor head comprises at least one flow device (66) for at least partially guiding the conveyed material flow according to claim 1 (Fig. 5; col 4, ln 51-55).
As concerns claim 12, Andersson shows wherein the at least one flow device (66) is arranged at the main conveyor (upper portion of pipe 65) and further forms and/or continues the main conveyor (Fig. 5).
As concerns claim 13, Andersson shows wherein the at least one flow device (66) is configured to be immovable (Fig. 5).
As concerns claim 14, Andersson shows an agricultural spreading machine comprising a distributor head (40) according to claim 11 (Fig. 5).
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 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Andersson alone.
As concerns claim 3, Andersson shows wherein the flow device comprises at least one flow guide (66) for generating an at least partially rotating or at least partially helical conveyed material flow (Fig. 5; col 4, ln 51-55). Andersson discloses the claimed invention except for wherein the at least one flow guide is configured to be adjustable in order to take into account different flow velocities and/or different characteristics of a conveyed material flow. It has been held that the provision of adjustability, where needed, involves only routine skill in the art. It would have been obvious to one having ordinary skill in art before the effective filing date of the claimed invention to have configured the flow guide to be adjustable for the expected benefit of accounting for different flow velocities and/or different characteristics of a conveyed material flow. Thus, one of ordinary skill in the art would have recognized that adjusting the flow guide based on different flow velocities and/or different characteristics of a conveyed material flow would have provided predictable results and a reasonable expectation of success. Therefore, it would have been obvious to modify Andersson to obtain the invention as specified in the claim.
As concerns claim 5, Andersson shows wherein the flow device comprises at least one flow guide (66) for generating an at least partially rotating or at least partially helical conveyed material flow (Fig. 5; col 4, ln 51-55). Andersson discloses the claimed invention except for wherein the at least one flow guide is configured as a pin for guiding a conveyed material flow. It has been held that a change in the shape of a prior art device is a design consideration within the skill of the art. It would have been obvious to one having ordinary skill in art before the effective filing date of the claimed invention to have formed the flow guide as a pin for the expected benefit of providing a known structure that generates an at least partially rotating or at least partially helical conveyed material flow. Thus, one of ordinary skill in the art would have recognized that forming the flow guide as a pin in place of a helical blade for guiding a conveyed material flow would have provided predictable results and a reasonable expectation of success. Therefore, it would have been obvious to modify Andersson to obtain the invention as specified in the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bosco et al. (EP 3545740) shows a flow device for at least partially guiding a flow of conveyed material within a distributor head of an agricultural spreading machine, wherein the flow device is configured to generate an at least partially rotating or an at least partially helical flow of conveyed material.
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.
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
Prosecution Insights