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 .
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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hong (D1,011,385) in view of Finley (6,142,241).
Regarding claim 1, Hong discloses a seed dibber comprising:
A handle
At least one dibber tube
Wherein the handle comprises mounting positions along a height direction thereof
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Handle)][AltContent: textbox (Dibber tube)]
Hong discloses the invention as shown above and appears to show a thumb screw type mounting device for mounting the dibber tubes on the handle. There also appears to be different height mounting holes, however Hong fails to specifically disclose that the dibber tubes are height adjustable. Like Hong, Finley also discloses a seed dibber comprised of a handle and dibber tubes mounted thereon. Unlike Hong, Finley specifically discloses height adjustable mounting of the dibber tubes to the handle to allow for changing the depth of the dibber holes (abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize thumb screws and the multiple mounting holes of Hong to attach the dibber tubes to the handle at different heights as taught by Finley to enable the depth of the dibber holes to be varied as the use of a known technique to improve similar devices in the same way (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)).
Regarding claim 2, the combination discloses that the handle comprises a plurality of groups of the mounting positions, the plurality of the groups of the mounting positions are disposed along the length direction of the handle (Figure 1) and each of the plurality of the groups of the mounting positions is configured to mount one of the at least one dibber tube, the at least one dibber tube is mounted at at least one of the plurality of the groups of the mounting positions (Figure 1).
Regarding claim 3, the combination discloses that the at least one dibber tube is detachably mounted to the handle.
Regarding claim 4, the combination discloses that each of the mounting positions comprises a first mounting hole defined on the handle, and the at least one dibber tube defines a second mounting hole and the seed dibber further comprises at least one mounting component (unnumbered thumb screw – Figure 9), the at least one mounting component passes through a corresponding first mounting hole and the second mounting hole and is configured to connect the at least one dibber tube and the handle (Figure 3 shows the thumb screw on the front and Figure 4 shows the rear with a hole on the rear of each dibber tube through which the thumb screw extends. Figures 1-4 show unutilized mounting holes to vary the spacing of the dibber tubes, but these holes are the “first mounting holes” through the handle through which the thumb screw extends; See Finley Figures 2 & 3 which also shows that different mounting holes can be skipped to adjust dibber hole spacing).
Regarding claims 5 and 7, the combination discloses a thumb screw that enters through a first hole on the handle and second and third holes (one on either side of the handle) of each dibber tube, but fails to specifically disclose which internal holes are threaded to receive the thumb screw (and at least one hole must be threaded to receive the thumb screw). It would have been an obvious matter of design choice to make any or all of the internal holes threaded, as Applicant has not disclosed that it solves any stated problem of the prior art or is for any particular purpose. As long as one of the holes is threaded (and one must be to receive the thumb screw) it appears that the invention would perform equally well as the invention disclosed by the combination of Hong and Finley.
Regarding claim 6, the combination discloses that each dibber tube comprises an inserting portion (dibber tip) and two first connecting portions (portion that is on either side of the handle that receive the handle therebetween – Figure 5 shows a connecting portion on either side of the handle), the inserting portion and the handle are sequentially disposed in the height direction of the handle, the two first connecting portions are connected to one side of the inserting portion facing the handle, the two first connecting portions are spaced apart from each other to form connecting grooves with the inserting portion and the handle is disposed in the connecting grooves and is connected to the two first connecting portions (Figure 5).
Regarding claim 8, the combination discloses that the handle comprises a base plate and limiting portions, each first mounting hole is defined on the base plate, the base plate comprises a first side and a second side, the first side of the base plate is disposed opposite to the second side of the base plate, and each first mounting hole penetrates through the first side of the base plate and the second side of the base plate; and the limiting portions are disposed on at least one of the first side of the base plate and the second side of the base plate, each two of limiting portions are respectively disposed at two sides of a corresponding first mounting hole along the length direction of the handle, and the two first connecting portions are at least partially disposed between corresponding two of the limiting portions.
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Limiting portions disposed on either side of mounting holes and first connecting portions)][AltContent: arrow][AltContent: textbox (Base plate)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Mounting holes extending through base plate)][AltContent: arrow][AltContent: textbox (Inclined surface on limiting portions)]
Regarding claim 9, the combination discloses that each of the limiting portions comprises a first inclined surface at one side thereof facing the inserting portion; each of the two first connecting portions comprises a middle block and a clamping block, each middle block is connected to the inserting portion, each clamping block is connected to one side of a corresponding middle block facing away from the inserting portion an each clamping block is configured to be disposed between corresponding two of the limiting portions and along a length direction of the handle, a width of each middle block is greater than a width of a corresponding clamping block, the one side of each middle block facing away from the inserting portion comprises a second inclined surface, each second inclined surface is matched with a corresponding first inclined surface.
Regarding claim 10, the combination discloses that at least one mounting component comprises a rod portion and a head portion (Figure 11), the rod portion passes through the base plate and the two first connecting portion and along a length direction of the handle, a width of the head portion is greater than a distance between corresponding two of the limiting portions (Figure 3).
Regarding claim 11, the combination discloses that the handle further comprises at least one limiting protrusion, the at least one limiting protrusion is disposed on at least one of the first side of the base plate and the second side of the base plate, along the height direction of the handle, the at least one limiting protrusion is disposed at one side of a corresponding first mounting hole facing the inserting portion and at least one of the two first connecting portions defines a limiting groove corresponding to the at least one limiting protrusion, the at least one limiting protrusion is disposed in the limiting roove of the at least one of the two first connecting portions.
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Limiting protrusion)][AltContent: textbox (Limiting groove)]
Regarding claim 12, the combination discloses that the inserting portion is symmetrically disposed along a center line of the two first connecting portions (Figure 5).
Regarding claim 13, the combination disclose that the inserting portion comprises an inserting end, the inserting end is distal to the handle, a distance between the inserting end and the handle is inversely related to a cross sectional area of the inserting end (Figures 4-5).
Regarding claim 14, the combination discloses that the inserting end is conical (Figure 2).
Regarding claim 15, the combination discloses that a plurality of dibber tubes are uniformly mounted to the handle (Figures 1-4).
Regarding claims 16-17, the combination discloses markings disposed on the handle the markings configured to guide the plurality of dibber tubes with different quantities to be uniformly mounted on the handle (Figure 3 shows 3 mounting locations evenly spaced with the number “3” thereon and also shows 6 mounting locations evenly spaced with the number “6” thereon).
Regarding claims 18-19, the combination discloses that the handle comprises a base plate and a grip with a holding portion and two connecting portions, the at least one dibber tube is mounted to a first side of the base plate, the grip protrudes from a second side of the base plate.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Holding portion)][AltContent: textbox (Two connecting portions)]
Regarding claim 20, the combination discloses that the grip portion comprises a tubular body connected to the base plate via the two connecting portions and an outer surface of the tubular body is an arc surface, but it fails to specifically disclose that the tubular body is hollow. It would have been an obvious matter of design choice to utilize a hollow tubular body for the grip as Applicant has not disclosed that it solves any stated problem of the prior art or is for any particular purpose. It appears that the invention would perform equally well as the invention disclosed by the combination of Hong and Finley.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Beasley (2,044,871) also discloses a seed dibber with a handle and vertically adjustable dibber tubes. Kachlany (2022/0007566) also shows a seed dibber with a hollow tubular handle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached at 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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