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 .
Information Disclosure Statement
The information disclosure statement (IDS) filed 4/14/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. Copies of EP 2055165 B1, WO 2024052793 A1, and WO 2023062476 A1 have not been provided. It has been placed in the application file, but the information related to these references has not been considered.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which Applicant may become aware in the specification.
Claim Objections
The claims are objected to because of the following informalities:
claim 16 recites "according to any claim 12," in lines 1-2 (instead of "according to claim 12,"); and
claim 18 recites "according to any claim 12," in lines 1-2 (instead of "according to claim 12,").
Appropriate correction is required.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation (BRI) using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. Claim 14 recites "the at least one air vent comprises an elongated slot formed laterally through a wall of the tube." In light of the specification, the term "laterally" is interpreted to be relative to a longitudinal direction of the seed dispensing tube.
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 1-20 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 "entrained seeds" in line 8. It is unclear if these are of "the seeds" that have been entrained by the air entrainment chamber, if this possibly includes other seeds, or if these are different seeds entirely. Thus, the metes and bounds of "entrained seeds" (and features with respect thereto) in claim 1 cannot be determined. Therefore, claim 1 is indefinite and rejected under 35 U.S.C. 112(b) such that clarification and correction are required. Claim 1 is being further examined as though "entrained seeds" reads "the seeds that have been entrained" in line 8. Additionally, claims 2-20 are rejected because of their dependency on claim 1.
Claim 9 recites "the air deflection portion of the air deflection baffle has an angled or curved air impingement surface oriented transversely to the seed dispensing tube." It is unclear how or relative to what the air impingement surface is "angled" or if the air impingement surface is "angled" simply by being oriented transversely to the seed dispensing tube, as is otherwise claimed. Thus, the metes and bounds of the limitations concerning the air impingement surface in claim 9 cannot be determined. Therefore, claim 9 is indefinite and rejected under 35 U.S.C. 112(b) such that clarification and correction are required.
Claim 14 recites the limitation "the tube" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the air vent" in line 2. There is insufficient antecedent basis for this limitation in the claim (as opposed to "the at least one air vent").
Claim 17 recites the limitation "the air vent" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim (as opposed to "the at least one air vent").
Claim 18 recites the limitation "the air vent" in line 3. There is insufficient antecedent basis for this limitation in the claim (as opposed to "the at least one air vent").
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 1-6, 9-14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dille et al. (US 2020/0367425)
Regarding claim 1, Dille discloses a seed delivery system comprising:
a seed meter (including 13) supported by a row unit frame (see Fig. 1) and comprising a metering disc configured to hold a plurality of seeds (see para. 0049);
a seed accelerator (including 32 and 38) configured to flow a pressurized airstream therethrough, the seed accelerator comprising an air entrainment chamber (including 32) configured to extract and entrain the seeds from the metering disc in the airstream;
a seed dispensing tube (including 36, 40, and 44) comprising a top end (on 36 at 32, top relative to 44) receiving the airstream with the seeds that have been entrained from the seed accelerator and a bottom end (at 44) defining a discharge opening for dispensing the seeds into a planting trench;
an air deflection baffle (including or of 34) disposed adjacent the seed dispensing tube between the top and bottom ends (see Figs. 2 and 3), the air deflection baffle configured to block at least a portion of air from entering the trench which flows downwards along the seed dispensing tube (configured to block air from the front, e.g., air flow from movement in operation).
Regarding claim 2, Dille discloses the seed delivery system with respect to claim 1, wherein the air deflection baffle (including or of 34) is disposed proximate to the discharge opening at the bottom end (at 44) of the seed dispensing tube (including 36, 40, and 44; see Figs. 2 and 3).
Regarding claim 3, Dille discloses the seed delivery system with respect to claim 2, wherein the air deflection baffle (including or of 34) is mounted (via at least 41) to and supported (relative to the other parts) by the seed dispensing tube (including 36, 40, and 44).
Regarding claim 4, Dille discloses the seed delivery system with respect to claim 1, wherein the air deflection baffle (including or of 34) comprises a mounting portion (portion adjacent 36 and/or 40) coupled to the seed dispensing tube (including 36, 40, and 44), and an air deflection portion (portion forward of 36 with respect to the direction of travel) configured to direct air descending along exterior surfaces of the seed dispensing tube away from the trench (precluding air from the front descending and entering the trench).
Regarding claim 5, Dille discloses the seed delivery system with respect to claim 4, wherein the mounting portion of the air deflection baffle (including or of 34) is detachably coupled to the seed dispensing tube (including 36, 40, and 44) via a mounting bracket (including or of 56) affixed to the seed dispensing tube (see Fig. 3).
Regarding claim 6, Dille discloses the seed delivery system with respect to claim 5, wherein the mounting bracket (including or of 56) is integrally formed with a portion of the seed dispensing tube (including 36, 40, and 44; see Fig. 3).
Regarding claim 9, Dille discloses the seed delivery system with respect to claim 4, wherein the air deflection portion of the air deflection baffle (including or of 34) has an angled or curved air impingement surface oriented transversely to the seed dispensing tube (including 36, 40, and 44; see Figs. 2 and 3, wherein 34 has numerous surfaces oriented transversely to 36).
Regarding claim 10, Dille discloses the seed delivery system with respect to claim 3, wherein the air deflection baffle (including or of 34) is coupled to a helical portion (including 40 and 44) of the seed dispensing tube (including 36, 40, and 44).
Regarding claim 11, Dille discloses the seed delivery system with respect to claim 1, wherein the metering disc (of 13) is rotatable to move the seeds (via 22) through the air entrainment chamber (including 32) which is configured to extract and entrain each of the seeds in the airstream.
Regarding claim 12, Dille discloses the seed delivery system with respect to claim 1, wherein the seed dispensing tube (including 36, 40, and 44) includes at least one air vent (including at least one 68) configured and operable to vent a portion of pressurized air flowing inside the seed dispensing tube to atmosphere.
Regarding claim 13, Dille discloses the seed delivery system with respect to claim 12, wherein the at least one air vent (including at least one 68) is disposed below the air deflection baffle (including or of 34) on the seed dispensing tube (including 36, 40, and 44; see Fig. 2).
Regarding claim 14, Dille discloses the seed delivery system with respect to claim 13, wherein the at least one air vent (including at least one 68) comprises an elongated slot formed laterally through a wall of the seed dispensing tube (including 36, 40, and 44; see Figs. 2 and 3).
Regarding claim 16, Dille discloses the seed delivery system with respect to claim 12, wherein the at least one air vent (including at least one 68) is formed in a helical bottom portion (including 40 and 44) of the seed dispensing tube (including 36, 40, and 44) proximate to the discharge opening (see Figs. 2 and 3).
Regarding claim 17, Dille discloses the seed delivery system with respect to claim 16, wherein the at least one air vent (including at least one 68) has a helical configuration (about 40) which follows a contour of the helical bottom portion (including 40 and 44) of the seed dispensing tube (including 36, 40, and 44; see Figs. 2 and 3).
Regarding claim 18, Dille discloses the seed delivery system with respect to claim 12, wherein the seed dispensing tube (including 36, 40, and 44) comprises an oblong lateral aperture (along 44) formed adjacent to the discharge opening (see Figs. 2 and 3), the at least one air vent (including at least one 68) being formed adjacent to the lateral aperture in the seed dispensing tube (see Figs. 2 and 3).
Regarding claim 19, Dille discloses the seed delivery system with respect to claim 5, wherein the seed dispensing tube (including 36, 40, and 44) has a segmented structure formed by a plurality of tube segments (at least each of 36 and 40 being segments thereof) coupled together at joints (see Fig. 3), the mounting bracket (including or of 56) being integrally formed on an end of one of the tube segments (of 36) at one of the joints (see Fig. 3).
Regarding claim 20, Dille discloses the seed delivery system with respect to claim 1, further comprising a sub-trench opener (including 46) mounted (via 34) to the row unit frame, the bottom end of the seed dispensing tube (including 36, 40, and 44) being detachably coupled (via 34 and/or 82) to the sub-trench opener (see Fig. 3).
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Dille.
Regarding claim 15, Dille discloses the slot(s) with respect to claim 14, above. Dille does not explicitly disclose the slot(s) having a smaller width than a size of a seed intended to be conveyed through the seed dispensing tube. However, slot size (of an air vent in a seed dispensing tube) is a result-effective variable from which certain desired outcomes can be controlled. Such outcomes being the nature in which air is vented thereby/therethrough and respective movement of seed. Additionally, Dille recognizes that "The vents 68 do not have to be uniform in size or shape." (See para. 0057.) One of ordinary skill in the art would recognize that the air vent slot size is desirably controlled and optimized for the seed being used. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrive at the claimed sizing based on routine optimization in order to achieve the desired air flow and corresponding seed movement. See MPEP § 2144.05.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Dille in view of Hagny (US 8,978,564).
Regarding claim 7, Dille discloses the seed delivery system with respect to claim 5, as set forth above. Dille also discloses the air deflection baffle detachably coupled to the mounting bracket via at least one pin (41), but Dille does not explicitly disclose the air deflection baffle detachably coupled to the mounting bracket via at least one threaded fastener. However, Hagny teaches a seed delivery system wherein seed tube support structure (including 21) is detachably coupled to a mounting bracket (including or of 46) via at least one threaded fastener (47).
Hagny is analogous because Hagny discloses a seed delivery system comprising a seed meter, a seed dispensing tube, and support structure attached thereto. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system of Dille with threaded fastening means as taught by Hagny for greater clamping force and/or adjustable tension. Additionally, providing the system of Dille with a threaded fastener as in Hagny is a simple substitution of one known element (i.e., the threaded fastener of Hagny) for another (i.e., the fastening pin of Dille) to obtain predictable results (as taught by Hagny). See MPEP § 2143(I)(B).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Dille in view of Hagny as applied to claim 7 above, and further in view of Bruns et al. (US 9,936,632)
Regarding claim 8, neither Dille nor Hagny explicitly discloses a mounting portion of an air deflection baffle comprising a slot for each threaded fastener provided as claimed. However, Bruns teaches a seed delivery system comprising a mounting portion (including 126) having slots (including 128) for fasteners provided (see col. 8, lines 45-65), the slot or slots operable to permit positional adjustment of parts relative to each other (as described in col. 6, lines 63-67).
Bruns is analogous because Bruns discloses a seed delivery system comprising a seed dispensing tube having mounting brackets thereon. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the above combination with slotted means as taught by Bruns in order to locate parts at optimum positions or angles. (See Bruns, col. 6, lines 63-67.) Additionally, providing the above combination with a slot as in Bruns is a simple substitution of one known element (i.e., the slot of Bruns) for another (i.e., the hole of Dille in the above combination) to obtain predictable results (as taught by Bruns). See MPEP § 2143(I)(B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. In particular, Cruson (US 8,757,074) teaches a helical seed dispensing tube (including or of 30) having segments (e.g., see Fig. 4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joel F. Mitchell whose telephone number is (571)272-7689. The examiner can normally be reached 9:30-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher 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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/JFM/9/26/26
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
