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.
The abstract of the disclosure is objected to because “Disclosed is” is an implied phrase. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
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 § 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.
Claim 10 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 10 recites wherein the dibbler includes only one pin but fails to make the connection that the pin and blocking member of claim 1, from which claim 10 depends, are one and the same. Because the blocking member and the pin are claimed as two separate parts, the claim is indefinite.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson et al. 1,477,097.
Independent Claim 1: Anderson discloses a dibbler comprising:
a blocking member (55); and
a dibbler body (45) having a dibbler body exit hole (47), a first channel (along bottom surface 46) inclined from the horizontal and configured to receive a body (seed), and a second channel (the vertical surface along which member 55 slides) restraining the blocking member,
wherein, in a first position (Fig. 7), the blocking member blocks the body from exiting the dibbler body and, in a second position (Fig. 8), allows the body to enter the second channel and exit the dibbler body via the dibbler body exit hole, as per claim 1.
Dependent Claims 2-6, 8-10: Anderson further discloses wherein the blocking member (55) is a pin (as seen in Figs. 7-8), as per claim 2;
wherein the blocking member (55) has a pointed end (seen in Figs. 7-8) configured to press the body into soil, as per claim 3;
wherein the second channel (along the vertical surface of which 55 slides) is vertical, as per claim 4;
wherein an end (at 46, 47) of the dibbler body (45) is pointed (seen in Figs. 7-8) to facilitate insertion into soil, as per claim 5;
wherein the body is one of a seed (seed, not shown), fertilizer, and biochar, as per claim 6;
wherein the end of the dibbler body (45, at 46, 47) is pointed (seen in Figs. 7-8), as per claim 8;
wherein the blocking member (55) is a pin (seen in Figs. 7-8) having a pointed end (seen in Figs. 7-8), as per claim 9;
wherein the dibbler includes only one pin (55), as per claim 10.
Dependent Claim 7: Andrews discloses dibbler used by a method of inserting a body (seed) into soil, comprising:
inserting an end of the dibbler body (45) of claim 1 into soil;
moving the blocking member (55) upwards (Fig. 8) to enable the body to exit the dibbler body exit hole (47); and
moving the blocking member downwards (Fig. 7) to push the body into the ground, as per claim 7.
Claim(s) 1-4, 6, 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu CN 107517623 A.
Independent Claim 1: Yu discloses a dibbler comprising:
a blocking member (852); and
a dibbler body (8) having a dibbler body exit hole (the bottom opening of 85), a first channel (80) inclined from the horizontal and configured to receive a body (a seed), and a second channel (85) restraining the blocking member,
wherein, in a first position (not shown, in the digging position), the blocking member blocks the body from exiting the dibbler body and, in a second position (Figs. 1-2), allows the body to enter the second channel and exit the dibbler body via the dibbler body exit hole, as per claim 1.
Dependent Claims 2-4, 6, 9-10: Yu further discloses wherein the blocking member (852) is a pin (as seen in the figures), as per claim 2;
wherein the blocking member (852) has a pointed end (855) configured to press the body into soil, as per claim 3;
wherein the second channel (85, seen in Figs. 1-2) is vertical, as per claim 4;
wherein the body is one of a seed (seed, not shown), fertilizer, and biochar, as per claim 6;
wherein the blocking member (852) is a pin (seen in Figs. 1-2) having a pointed end (855), as per claim 9;
wherein the dibbler includes only one pin (852), as per claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTOL-892. Anderson et al. US 2022/0167551 A1 discloses a similar device to that of the claimed invention, see Figs. 7-10, however the publication date precludes the document as prior art.
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 29, 2026
