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 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.
Claims 2 and 8 are 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 1 recites a fertilizer knife that is for a dual shank unit comprising a seed knife. Claims 2 and 8 recite limitations describing that a knife tip is laterally offset from the seed knife. From claim 1, the seed knife appears to be recited as a component of the fertilizer knife, while the limitations of claims 2 and 8 appear to recite a fertilizer knife that is a separate component from the seed knife. It is unclear if the applicant is reciting the fertilizer knife in combination with, or separately from, the seed knife.
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 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 1-5, 7-17, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hall (U.S. Patent No. 7,669,537).
Regarding Claim 1, Hall discloses a fertilizer knife (Hall: 20) for a dual shank seeding unit of an agricultural seeding implement operated across ground in a forward working direction in which the dual shank seeding unit includes a rear shank (Hall: 32, 36) supporting a seed knife (Hall: 32) for delivery of seed into the ground and a front shank (Hall: 30, 34) spaced forwardly of the rear shank (Hall: 32, 36), the fertilizer knife (Hall: 20) comprising:
A knife body (Hall: 30) arranged for mounting onto the front shank (Hall: 30, 34), the knife body (Hall: 30) including an upright leading edge (Hall: 26a-c) spanning a majority of a height of the fertilizer knife (Hall: 20);
A knife tip (Hall: 52) extending downwardly from a bottom end of the knife body (Hall: 30) so as to be arranged to form a fertilizer furrow in the ground when operated in the forward working direction; and
A fertilizer passage (Hall: 34) having an outlet (Hall: 40) positioned rearwardly of the knife tip (Hall: 52) so as to be arranged for depositing fertilizer therethrough into the fertilizer furrow in the ground;
Wherein the knife tip (Hall: 52) extends downwardly from the knife body (Hall: 30) at a laterally outwardly slope (Hall: Figure 3: offset angle of 30) such that a bottom end of the knife tip (Hall: 52) is offset laterally from the upright leading edge (Hall: 26a-c) of the knife body (Hall: 30).
Regarding Claim 2, Hall discloses the fertilizer knife (Hall: 20) according to claim 1 wherein the bottom end of the knife tip (Hall: 52) is arranged to be offset laterally from the seed knife (Hall: 32) more than the upright leading edge (Hall: 26a-c) of the knife body (Hall: 30).
Regarding Claim 3, Hall discloses the fertilizer knife (Hall: 20) according to claim 1 wherein the knife tip (Hall: 52) extends downwardly and laterally outwardly at a slope in a range of 10 to 45 degrees from vertical (Hall: Column 4” lines 12-23).
Regarding Claim 4, Hall discloses the fertilizer knife (Hall: 20) according to claim 1 wherein the knife tip (Hall: 52) extends downwardly and laterally outwardly at a slope in a range of 20 to 30 degrees from vertical (Hall: Column 4” lines 12-23).
Regarding Claim 5, Hall discloses the fertilizer knife (Hall: 20) according to claim 1 wherein a leading edge of the knife tip (Hall: 52) extends at an upward and rearward slope in a range of 0 to 60 degrees from vertical (Hall: Column 4” lines 23-33).
Regarding Claim 7, Hall discloses the fertilizer knife (Hall: 20) according to claim 1 wherein a bottom surface of the knife tip (Hall: 52) is sloped upwardly and rearwardly in a range 0 to 20 degrees from horizontal (Hall: Column 4: line 62 – Column 5: line 2).
Regarding Claim 8, Hall discloses the fertilizer knife (Hall: 20) according to claim 1 wherein the seed knife (Hall: 32) includes a seed knife tip (Hall: tip of 32) which is sloped downwardly and laterally outwardly in a first lateral direction and wherein the knife tip (Hall: 52) of the fertilizer knife (Hall: 20) is sloped downwardly and laterally outwardly in a second lateral direction opposite to the first lateral direction (Hall: Figure 3: 30 at a different lateral angle than 32).
Regarding Claim 9, Hall discloses the fertilizer knife (Hall: 20) according to claim 1 wherein the knife tip (Hall: 52) is releasably supported on the knife body (Hall: 30).
Regarding Claim 10, Hall discloses a dual shank seeding unit for an agricultural seeding implement arranged to be operated across ground in a forward working direction, the dual shank seeding unit comprising:
A rear shank (Hall: 32, 36) arranged to be supported on the implement;
A seed knife (Hall: 32) supported on the rear shank (Hall: 32, 36) including
a seed knife (Hall: 32) body for forming a seed furrow in the ground when operated in the forward working direction and
(ii) a seed passage having an outlet (Hall: 40) positioned rearwardly of the seed knife tip (Hall: tip of 32) for depositing seed therethrough into the seed furrow in the ground; a front shank (Hall: 30, 34) arranged to be supported on the implement at a location spaced forwardly of the rear shank (Hall: 32, 36); and
A fertilizer knife (Hall: 20) comprising
(i) a fertilizer knife body (Hall: 26) supported on the front shank (Hall: 30, 34) and including an upright leading edge (Hall: 26a-c) spanning a majority of a height of the fertilizer knife (Hall: 20),
(ii) a fertilizer knife tip (Hall: 52) extending downwardly from a bottom end of the fertilizer knife body (Hall: 26) so as to be arranged to form a fertilizer furrow in the ground when operated in the forward working direction, and
(iii) a fertilizer passage (Hall: 34) having an outlet (Hall: 40) positioned rearwardly of the fertilizer knife tip (Hall: 52) so as to be arranged for depositing fertilizer therethrough into the fertilizer furrow in the ground;
Wherein the fertilizer knife tip (Hall: 52) extends downwardly from the fertilizer knife (Hall: 20) body at a laterally outwardly slope such that a bottom end of the knife tip (Hall: 52) is offset laterally from the upright leading edge (Hall: 26a-c) of the fertilizer knife body (Hall: 26) (Hall: Figure 3: 30 offset from vertical).
Regarding Claim 11, Hall discloses the dual shank seeding unit according to claim 10 wherein the bottom end of the fertilizer knife tip (Hall: 52) is arranged to be offset laterally from the seed knife (Hall: 32) more than the upright leading edge (Hall: 26a-c) of the fertilizer knife body (Hall: 26).
Regarding Claim 12, Hall discloses the dual shank seeding unit according to claim 10 wherein the seed knife (Hall: 32) includes a seed knife tip (Hall: tip of 32) which is sloped downwardly and laterally outwardly in a first lateral direction and wherein the fertilizer knife tip (Hall: 52) is sloped downwardly and laterally outwardly in a second lateral direction opposite to the first lateral direction (Hall: Figure 3: 30 at a different lateral angle than 32).
Regarding Claim 13, Hall discloses a method of configuring a dual shank seeding unit for an agricultural seeding implement arranged to be operated across ground in a forward working direction in which the dual shank seeding unit includes a rear shank (Hall: 32, 36) supporting a seed knife (Hall: 32) for forming a seed furrow for delivery of seed into the ground and a front shank (Hall: 30, 34) spaced forwardly of the rear shank (Hall: 32, 36), the method comprising:
Providing a fertilizer knife (Hall: 20) having
a fertilizer knife body (Hall: 26) including an upright leading edge (Hall: 26a-c) spanning a majority of a height of the fertilizer knife (Hall: 20),
(ii) a fertilizer knife tip (Hall: 52) extending downwardly from a bottom end of the fertilizer knife body (Hall: 26) at a laterally outwardly slope, and
(iii) a fertilizer passage (Hall: 34) having an outlet (Hall: 40) positioned rearwardly of the fertilizer knife tip (Hall: 52) so as to be arranged for depositing fertilizer therethrough; and
Supporting the fertilizer knife (Hall: 20) on the front shank (Hall: 30, 34) such that
the fertilizer knife tip (Hall: 52) is arranged to form a fertilizer furrow in the ground when operated in the forward working direction and
(ii) a bottom end of the knife tip (Hall: 52) is offset laterally from the upright leading edge (Hall: 26a-c) of the fertilizer knife body (Hall: 26) (Hall: Figure 3).
Regarding Claim 14, Hall discloses the method according to claim 13 including supporting the fertilizer knife (Hall: 20) on the front shank (Hall: 30, 34) such that the bottom end of the knife tip (Hall: 52) is offset laterally from the seed knife (Hall: 32) more than the upright leading edge (Hall: 26a-c) of the knife body (Hall: 30).
Regarding Claim 15, Hall discloses the method according to claim 13 wherein the knife tip (Hall: 52) extends downwardly and laterally outwardly at a slope in a range of 10 to 45 degrees from vertical (Hall: Column 4” lines 12-23).
Regarding Claim 16, Hall discloses the method according to claim 13 wherein the knife tip (Hall: 52) extends downwardly and laterally outwardly at a slope in a range of 20 to 30 degrees from vertical (Hall: Column 4” lines 12-23).
Regarding Claim 17, Hall discloses the method according to claim 13 wherein a leading edge of the knife tip (Hall: 52) extends at an upward and rearward slope in a range of 0 to 60 degrees from vertical (Hall: Column 4” lines 23-33).
Regarding Claim 19, Hall discloses the method according to claim 13 wherein a bottom surface of the knife tip (Hall: 52) is sloped upwardly and rearwardly in a range 0 to 20 degrees from horizontal (Hall: Column 4: line 62 – Column 5: line 2).
Regarding Claim 20, Hall discloses the method according to claim 13 wherein the seed knife (Hall: 32) includes a seed knife tip (Hall: tip of 32) which is sloped downwardly and laterally outwardly in a first lateral direction and wherein the method includes the supporting the fertilizer knife (Hall: 20) on the front shank (Hall: 30, 34) such that the knife tip (Hall: 52) of the fertilizer knife (Hall: 20) is sloped downwardly and laterally outwardly in a second lateral direction opposite to the first lateral direction (Hall: Figure 3).
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 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 6 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hall alone.
Regarding Claim 6, Hall discloses the fertilizer knife (Hall: 20) according to claim 1 but does not disclose wherein the knife tip (Hall: 52) has a width in a lateral direction transverse to the forward working direction in a range of 3/8 to 3/4 of an inch.
It would have been an obvious matter of design choice to change the size of the knife tip to a range of 3/8 to ¾ of an inch, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 18, Hall discloses the method according to claim 13 but does not disclose wherein the knife tip (Hall: 52) has a width in a lateral direction transverse to the forward working direction in a range of 3/8 to 3/4 of an inch.
It would have been an obvious matter of design choice to change the size of the knife tip to a range of 3/8 to ¾ of an inch, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20050274309 (lacks horizontal offset), US 5537942 (lacks second blade), US 4770112 (offset outlets are shared), US 1921886 (offsets are shared), US 1798369 (outlets arranged differently relative to knife blades), US 4608922 (lacks horizontal offset for seed and fertilizer outlets/blades), US 20050045080 (lacks horizontal offset for seed and fertilizer outlets/blades).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS S WOOD whose telephone number is (571)270-5954. The examiner can normally be reached Monday through Thursday 8:30 AM - 7:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole A 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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DOUGLAS S. WOOD
Examiner
Art Unit 3672
/DOUGLAS S WOOD/Examiner, Art Unit 3672
/Giovanna Wright/Primary Examiner, Art Unit 3672
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