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 § 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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deckler (U.S. Patent No. 5,058,766).
Regarding Claim 1, Deckler discloses a seed orientation system for an agricultural planter comprising:
A row unit (Deckler: Column 1: lines 12-15) having an opener (Deckler: 19) configured to open a seed furrow in a soil surface as the agricultural planter advances in a forward direction of travel through a field;
A seed meter (Deckler: 22) configured to discharge singulated seeds; and
A curved pathway (Deckler: 23) configured to receive the singulated seeds from the seed meter (Deckler: 22), the curved pathway (Deckler: 23) comprising:
A seed riding surface (Deckler: bottom face of 23) configured to engage a face of the seed; and
A seed guide wall (Deckler: side wall of 23) that adjoins to said seed riding surface (Deckler: bottom face of 23) and is configured to engage a side of the seed when the seed is traversing said curved pathway (Deckler: 23) along said seed riding surface (Deckler: bottom face of 23).
Regarding Claim 2, Deckler discloses the seed orientation system of claim 1, wherein the seed riding surface (Deckler: bottom face of 23) is angled radially outward (away from 11) so as to direct the seed to an intersection area (Deckler: either corner of bottom face and a side face of 23) where the seed guide wall (Deckler: side wall of 23) adjoins to the seed riding surface (Deckler: bottom face of 23).
Regarding Claim 3, Deckler discloses the orientation system of claim 1 further comprising a sub-furrow opener (Deckler: 21) disposed adjacent to an exit of the curved pathway (Deckler: 23), the sub-furrow opener (Deckler: 21) configured to form a wedge-shaped sub-furrow within the seed furrow.
Regarding Claim 4, Deckler discloses the orientation system of claim 1 further comprising a seed transfer tube (Deckler: 48) between the seed meter (Deckler: 22) and the curved pathway (Deckler: 23).
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 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Deckler in view of Schoeny (U.S. Pub. No. 2018/0310468).
Regarding Claim 5, Deckler discloses the seed orientation system of claim 1 but does not disclose further comprising an incoming air feed delivering pressurized air into the curved pathway (Deckler: 23).
Schoeny discloses an incoming air feed to deliver pressurized air into a seed meter and seed delivery system that, in combination with the invention of Deckler, would feed pressurized air into the curved pathway (Schoeny: Paragraph [0002]).
It would have been obvious to incorporate the air flow system of Schoeny into the invention of Deckler with the well known and predictable effect of using air pressure to convey seeds along a flow path, defined at least in part by a seed delivery chute, to their destination in the seed furrow.
Regarding Claim 6, Deckler and Schoeny render obvious the seed orientation system of claim 5, wherein the pressurized air is directed parallel along the curved pathway (Deckler: 23)(pressurized air flow in a flow path including a seed delivery chute would necessarily have the pressurized air flow being parallel to the pathway).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20150216107 (seed tube is cylindrical), US 20140182495 (seed tube is cylindrical), US 20240373780 (common ownership), US 20190216006 (air pressure used to retain seeds in meter), US 20190274243 (generalized air pressure uses in a planter).
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
/Nicole Coy/ Supervisory Patent Examiner, Art Unit 3672
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