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 7 is objected to because of the following informalities: line 2, “seed orientation” should be changed to –seed orientation system—. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 5, 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wendte et al. 9,043,950.
Independent Claim 1: Wendte discloses an implement (5) used by a method of operating the implement having a seed orientation system (12) wherein the seed orientation system comprises:
a frame (17);
a trench opening assembly (18) configured to open a trench in a soil surface as the trench opening assembly moves in a forward direction of travel;
a seed delivery system (80) for delivering seed to the trench;
a gas source (40) for providing gas to the seed orientation system to propel seed through the seed orientation system; and
a trench closing assembly (20) for closing the trench, the method comprising:
determining a speed of the implement (via speed sensor 7); and
setting a gas pressure for the gas source based on the determined speed (col. 5, lns. 10-16), as per claim 1.
Dependent Claims 2-3, 5, 7: Wendte further discloses wherein as speed increases gas pressure increases, and as speed decreases gas pressure decreases (col. 1, lns. 61-64), as per claim 2;
wherein as speed changes, gas pressure continuously changes with speed (as described in col. 6, lns. 17-52, the relationship is continuously being monitored and adjusted, especially in order to correlate the seed discharge velocity with the implement velocity around turns, lns. 48-52), as per claim 3;
wherein the gas is air (col. 3, lns. 56-59), as per claim 5;
wherein the seed orientation (12) further comprises a seed meter (36) for providing singulated seed to the seed delivery system (80), as per claim 7.
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wendte et al. in view of Schoeny et al. US 2019/0380262 A1.
Dependent Claim 4: The method is disclosed as applied above. However, Wendte fails to disclose wherein speed is divided into a plurality of subranges, and there is one gas pressure for each subrange, as per claim 4.
Schoeny discloses a similar implement wherein speed is divided into a plurality of subranges (according to the plus or minus threshold values from a target range, see Fig. 7 and para. [0041], ln. 27-para. [0042], ln. 8), and there is one gas pressure for each subrange, as per claim 4.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the subrange control of Schoeny in the method of Wendte’s implement in order to attenuate the changes of air pressure applied to the seed.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wendte et al. in view of Dille et al. US 2020/0367425 A1.
Dependent Claim 6: The method is disclosed as applied above. However, Wendte fails to disclose wherein the seed delivery system is a seed orientation delivery system, as per claim 6.
Dille discloses a similar implement wherein the seed delivery system (22, 30) is a seed orientation delivery system (para. [0048], lns. 1-2), as per claim 6.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the seed orientation delivery system of Dille on the implement of Wendte in order to plant seed in an orientation that results in quicker and more even emergence, increased light interception, and faster canopy closure resulting in reduced weed pressure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892. It is noted that secondary reference Schoeny et al. US 2019/0380262, used above, also discloses the claimed invention however does not explicitly show row unit components like trench opening and closing assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Torres whose telephone number is 571-272-6997. The examiner’s fax number is 571-273-6997. The examiner can normally be reached Monday through Friday from 9:00 a.m. – 5:30 p.m EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca, can be reached at (571) 272-8971.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the group receptionist whose telephone number is 571-272-3600. The fax number for this Group is 571-273-8300.
/Alicia Torres/Primary Examiner, Art Unit 3671 August 13, 2026
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