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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 3 is objected to because of the following informalities:
it appears that claim 3 should depend from claim 2 or, otherwise, “the inner core” in line 2 should be changed to –an inner core—;
line 3, it appears that “central extending” should be changed to –central cavity extending—.
Appropriate correction is required.
Claim 21 is objected to because of the following informalities:
line 4, “pair of gauge wheel” should be changed to –pair of gauge wheels—;
line 5, “firmer” should be changed to –firming—.
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, 12-13, 16, 19, 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andres US 2020/0404836 A1.
Independent Claims 1, 22: Andres discloses a seed firming wheel assembly with resilient suspension for a planting row unit assembled by the method of claim 22, the seed firming wheel assembly comprising:
an elongated mounting bracket (35) comprising a first end (the upper end) configured to be coupled to a frame (20, at 32) of the row unit and a second end (the lower end);
a torsion axle (37) coupled to the second end (see Fig. 4);
an elongated suspension arm (36) having an upper end detachably coupled to the torsion axle and a lower end;
a firming wheel (330) rotatably coupled to the lower end of the suspension arm;
the firming wheel being supported in a cantilevered manner from the torsion axle by the suspension arm (Figs. 3-4);
wherein the firming wheel is operable to press seeds into soil within a planting trench (see the operative position of wheel 330 in Fig. 4), as per claim 1.
Dependent Claims 2-3, 12-13, 16, 19: Andres further discloses wherein the torsion axle (37) comprises an outer housing (370), a centrally-located inner core member (371), and a plurality of resiliently compressible cord elements (372) spaced circumferentially apart around the inner core member inside the outer housing (seen in Fig. 5), as per claim 2;
Wherein the inner core member (371) comprises a tubular hollow body (as seen in Fig. 5) defining a central (420) extending therethrough from end to end, and further comprising a mounting fastener (42) inserted through the central cavity which couples the torsion axle (37) to the second end (the lower end) of the mounting bracket (35), as per claim 3;
wherein the mounting fastener (42) holds the inner core member (371) in a stationary position, the outer housing (370) being partially rotatable to a degree in opposing directions about the inner core member which in turn compresses the cord elements (372) to dampen upward and downward motion of the firming wheel (330), as per claim 12;
wherein at least a portion of the firming wheel (330) is disposed directly below the first end (the upper end) of the mounting bracket (35, see Fig. 4), as per claim 13;
wherein upward or downward movement of the firming wheel (330) in the planting trench (4, see in Fig. 4) resiliently compresses the cord elements (372) between the inner core member (371) and outer housing (370) to dampen forces transmitted to the mounting bracket (35) from the firming wheel via the suspension arm (36), as per claim 16;
wherein a centerline of the suspension arm (36) is disposed at an acute angle to a centerline of the mounting bracket (35, depending on the adjusted relative position between the two parts), the torsion axle (37) defining an elbow joint connecting the suspension arm and the mounting bracket, as per claim 19.
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) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andres in view of Albersinger DE 3305380 A1.
Dependent Claims 10-11: The assembly is disclosed as applied above. However, Andres fails to disclose wherein the inner core member of the torsion axle has a rectangular cuboid configuration and the outer housing has a cylindrical configuration defining a central passage which holds the inner core member and cord elements, as per claim 10;
wherein the cord elements are cylindrical and the outer housing defines a plurality of semi-circular channels which partially receive and hold the cord elements in circumferentially spaced apart relationship, as per claim 11.
Albersinger discloses a similar torsion axle (Fig. C) wherein the inner core member (see below) of the torsion axle has a rectangular cuboid configuration and the outer housing (see below) has a cylindrical configuration defining a central passage which holds the inner core member and cord elements (see below), as per claim 10;
wherein the cord elements (see below) are cylindrical and the outer housing (see below) defines a plurality of semi-circular channels (see below) which partially receive and hold the cord elements in circumferentially spaced apart relationship, as per claim 11.
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute Albersinger’s torsion axle for that of Andres since both references disclose torsion springs for allowing dampened rotational movement of a shaft and such a predictable result would be achieved.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andres in view of Sheppard 9,943,030 and Thompson et al. 7,784,416.
Dependent Claim 15: The assembly is disclosed as applied above. However, Andres fails to disclose wherein the seed firming wheel comprises a solid disc formed of a resiliently deformable elastomeric material, as per claim 15.
Sheppard discloses a similar assembly wherein the seed firming wheel (38) comprises a solid disc (col. 7, lns. 38-39), as per claim 15.
Thompson discloses a similar assembly wherein the seed firming wheel (32) is formed of a resiliently deformable elastomeric material (col. 3, lns. 48-54), as per claim 15.
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 solid firming wheel of Sheppard on the assembly of Andres in order to smoothly and gently press seed into the furrow.
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 resiliently deformable elastomeric firming wheel of Thompson on the assembly of Andres in order to allow substantial flexing thereby permitting the wheel to track the furrow contours.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andres in view of Schaffert US 2016/0374258 A1.
Dependent Claim 18: The assembly is disclosed as applied above. However, Andres fails to disclose wherein the lower end of the suspension arm is coupled to a hub of the firming wheel via a square-shouldered carriage bolt, as per claim 18.
Schaffert discloses a similar assembly wherein the end of the suspension arm (30) is coupled to a hub (not shown, see para. [0031], lns. 7-10) of the wheel (32) via a square-shouldered carriage bolt (110a, 110b), as per claim 18.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a carriage bolt as taught by Schaffert to connect Andres’ firming wheel to the suspension arm since such a fastener providing for wheel rotation along a field is old and well-known in the art.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andres in view of Hubner et al. US 2018/0228078 A1.
Dependent Claim 21: The assembly is disclosed as applied above. However, Andres fails to disclose wherein the planting row unit comprises a pair of opening discs configured to form the planting trench in the soil, a pair of gauge wheel configured to regulate a depth of the planting trench, and a pair of closing wheels configured to close the trench, the firmer wheel being disposed between the opening discs and rearward of a sub-trench opener, as per claim 21.
Hubner discloses a similar assembly wherein the planting row unit (10) comprises a pair of opening discs (20, see para. [0017], lns. 2-5) configured to form the planting trench in the soil, a pair of gauge wheel (30) configured to regulate a depth of the planting trench, and a pair of closing wheels (26) configured to close the trench, and a sub-trench opener (48), as per claim 21.
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 row unit details of Hubner on the assembly of Andres since such an arrangement is old and well-known in the art. Additionally, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to dispose the firmer wheel between the opening discs and rearward of the sub-trench opener so that it will have seeds to firm into the soil.
Claim(s) 4-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andres in view of Sivinski 11,357,161.
Dependent Claims 4-9: The apparatus is disclosed as applied above. However, Andres fails to disclose wherein the upper end of the suspension arm has a bifurcated structure which is detachably clamped around an exterior surface of the outer housing of the torsion axle to rigidly affix the suspension arm to the torsion axle, as per claim 4;
wherein upper end of the suspension arm defines a spreadable and collapsible central opening which receives the outer housing of the torsion axle therein, the central opening being complementary configured to a cross-sectional shape of the outer housing, as per claim 5;
wherein the central opening of the suspension arm and the outer housing of the torsion axle each have a circular cross-sectional shape, as per claim 6;
wherein the upper end of the suspension arm comprises a pair of opposing jaws movable together and apart, the jaws defining the central opening, and a tightenable locking fastener extending between the jaws, as per claim 7;
wherein rotating the locking fastener in a first direction loosens the jaws, and rotating the locking fastener in an opposite second direction tightens the jaws against the outer housing of the torsion axle, as per claim 8;
wherein the locking fastener is a threaded fastener which is oriented transversely to a length of the suspension arm, the locking fastener extending through corresponding holes in the jaws, as per claim 9.
Sivinski discloses a similar assembly wherein the upper end (32, the end correlated to the upper end of prior art arm 20 in Fig. 2) of the suspension arm (30) has a bifurcated structure (see Fig. 3) which is detachably clamped around an exterior surface of the outer housing (22) of the axle (22, 24, 26) to rigidly affix the suspension arm to the axle, as per claim 4;
wherein upper end (32) of the suspension arm (30) defines a spreadable and collapsible central opening (34) which receives the outer housing (22) of the axle (22, 24, 26) therein, the central opening being complementary configured to a cross-sectional shape of the outer housing (see Fig. 4), as per claim 5;
wherein the central opening (34) of the suspension arm (30) and the outer housing (22) of the axle (22, 24, 26) each have a circular cross-sectional shape (seen in Fig. 4), as per claim 6;
wherein the upper end (32) of the suspension arm (30) comprises a pair of opposing jaws (38, 40) movable together and apart, the jaws defining the central opening (34), and a tightenable locking fastener (44) extending between the jaws, as per claim 7;
wherein rotating the locking fastener (44) in a first direction (clockwise) loosens the jaws (38, 40), and rotating the locking fastener in an opposite second direction (counterclockwise) tightens the jaws against the outer housing (22) of the axle (22, 24, 26), as per claim 8;
wherein the locking fastener (44) is a threaded fastener (see Fig. 4) which is oriented transversely to a length of the suspension arm (30, Fig. 4), the locking fastener extending through corresponding holes (42, 42) in the jaws (38, 40), as per claim 9.
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 bifurcated upper end taught by Sivinski on the suspension arm of Andres in order to allow the arm to be tightened when wear has occurred so that the height of the rotary tool can be maintained without immediate replacement.
Allowable Subject Matter
Claims 14, 17, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892. Truax 4,977,841 discloses the invention of claim 1 except for the orientation of the elongated mounting bracket (Truax 81) and its first and second ends which do not couple to the frame of the row unit and the torsion axle, respectively.
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, Kristina R. Fulton, can be reached at (571) 272-7376.
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 September 25, 2026
