DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 19/228,897 filed on 06/05/2025.
Claims 1 – 20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/05/2025 was fully considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 (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 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) 1, 3, 5 - 20 are rejected under 35 U.S.C. 103 as being anticipated by US Patent 2069958 – Kool et al. hereinafter as Kool in view of US PG Pub 20140262364 – Townsend et al. hereinafter as TOWNSEND in further view of 123128 – Schwartz et al. hereinafter as SCHWARTZ
Regarding Claim 1
Kool discloses
An off-road tilling implement for use with an off-road vehicle, the off-road tilling implement comprising:
a base plate comprising a rounded leading edge;( fig. 2 – plate with rounded edge)
a plurality of spike extending away from a first side of the base plate, each spike extending at least 4 inches away from the base plate
a wheel assembly extending away from a second side of the base plate, opposite the first side; ( fig. 1 and 2 Wheels on one side)
Kool discloses that elements such as the base plate and the spike are known to be controlled to such that the dimensions and weight of the implement may be varied for producing optimum effects ( col 3 line 21 – 23 ). The distance between each spike on the tillage implement is seen as a result effective variable.
Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to utilize distance between each spike as it has been held that routine optimization of a results effective variable is obvious in this case to achieve an improvement in the soil.
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Kool discloses a tilling implement that is pulled by a person with the first side oriented upwardly and wherein the tilling implement is adapted to be towed by a person using the wheels with the second side oriented upwardly and the plurality of spikes extending into the earth to plow the earth, TOWNSEND discloses of a hitch assembly to be pulled by a vehicle where in the hitch is a bidirectional hitch
a hitch assembly extending away from the second side of the base plate, wherein the hitch assembly comprises a bidirectional hitch adapted to be coupled to the vehicle with either the first side oriented upwardly or the second side oriented upwardly, wherein the tilling implement is adapted to be towed behind the vehicle with the first side oriented upwardly and wherein the tilling implement is adapted to be towed behind the vehicle with the second side oriented upwardly and the plurality of blades extending into the earth to plow the earth. ( see figure 4 and para. 018 – where in the hitch can be rotated 180 degrees to use the other side of the trailer)
It would be obvious to one of ordinary skill in the art before the effective filling date for KOOL’s method of a tilling implement used for condition the ground to utilize TOWNSEND’s method of a tilling implement that has similar function wherein one side of the device is for use on wheels and the other side is used for the tilling implement such that a hitch assembly extending away from the second side of the base plate, wherein the hitch assembly comprises a bidirectional hitch adapted to be coupled to the vehicle with either the first side oriented upwardly or the second side oriented upwardly, wherein the tilling implement is adapted to be towed behind the vehicle with the first side oriented upwardly and wherein the tilling implement is adapted to be towed behind the vehicle with the second side oriented upwardly and the plurality of blades extending into the earth to plow the earth as taught by TOWNSEND. This would allow KOOL to in clearing overgrown land in remote, difficult to access, hard-to-maneuver areas to a condition where the land could be planted using a vehicle.( para. 0005)
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KOOL / TOWNSEND discloses of a spikes that can be a certain distance away from each other and dig into the ground, KOOL / TOWNSEND doesn’t explicitly disclose of blades, SCHWARTZ discloses of a blade comprising a cutting edge that can mount to frame / plate , SCHWARTZ further discloses ;
a blade comprising a cutting edge that is at least 4 inches long (Fig. 2 mounting with plate)
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Kool discloses that elements such as the base plate and the spike are known to be controlled to such that the dimensions and weight of the implement may be varied for producing optimum effects ( col 3 line 21 – 23 ). The length of the blade on the tillage implement is seen as a results effective variable.
Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to utilize the length of the blade as it has been held that routine optimization of a results effective variable is obvious in this case to achieve an improvement in the soil.
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for KOOL / TOWNSEND tillage implement with spikes to utilize other tillage tools such as a blades as taught by SCHWARTZ. Doing so merely constitutes the substitution of one known tool type for another to produce an expected result of a plowing a field(MPEP 2143, Subsection I, B).
Regarding Claim 3
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses:
3. The off-road tilling implement of claim 1, wherein the base plate is approximately 4 feet wide and 2 feet long.
Kool discloses that elements such as the base plate and the spike are known to be controlled to such that the dimensions and weight of the implement may be varied for producing optimum effects ( col 3 line 21 – 23 ).The dimensions on the base plate of the tillage implement is seen as a results effective variable.
Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for dimensions on the base plate of the tillage implement as it has been held that routine optimization of a results effective variable is obvious in this case to achieve an improvement overall area of the operation.
Regarding Claim 5
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses:
The off-road tilling implement of claim 1, wherein the plurality of spikes are arranged in two rows of spikes that extend across a width of the base plate. ( col 2 line 1 – 10 spike arrangement wherein the spikes are arranged in more than 1, therefore can be two)
SCHWARTZ discloses the blades in claim 1
Regarding Claim 6
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses:
The off-road tilling implement of claim 5, wherein the plurality of blades are horizontally offset from each other such that each blade occupies a distinct horizontal position on the base plate.
Regarding Claim 7
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses:
The off-road tilling implement of claim 6, wherein the plurality of spikes are horizontally spaced at least 4 inches apart from each other.
SCHWARTZ discloses the blades in claim 1
Kool discloses that elements such as the base plate and the spike are known to be controlled to such that the dimensions and weight of the implement may be varied for producing optimum effects ( col 3 line 21 – 23 ). The distance between plurality of spikes are horizontally spaced is seen as an result effective variable.
Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to utilize distance between plurality of spikes are horizontally spaced as it has been held that routine optimization of a results effective variable is obvious in this case to achieve an improvement in the soil.
Regarding Claim 8
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses:
The off-road tilling implement of claim 5, wherein individual spikes are spaced at least 8 inches apart from any other individual spike.
SCHWARTZ discloses the blades in claim 1
Kool discloses that elements such as the base plate and the spike are known to be controlled to such that the dimensions and weight of the implement may be varied for producing optimum effects ( col 3 line 21 – 23 ).The distance between individual spikes are spaced is seen as an result effective variable.
Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to utilize distance between individual spikes are spaced as it has been held that routine optimization of a results effective variable is obvious in this case to achieve an improvement in the soil.
Regarding Claim 9
KOOL / TOWNSEND / SCHWARTZ discloses claim 5
KOOL discloses:
The off-road tilling implement of claim 5, wherein the plurality of blades are horizontally spaced no more than 7 inches apart from each other.
SCHWARTZ discloses the blades in claim 1
Kool discloses that elements such as the base plate and the spike are known to be controlled to such that the dimensions and weight of the implement may be varied for producing optimum effects ( col 3 line 21 – 23 ).The distance between plurality of blades are horizontally spaced is seen as an result effective variable.
Therefore it would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention to utilize plurality of blades are horizontally spaced as it has been held that routine optimization of a results effective variable is obvious in this case to achieve an improvement in the soil.
Regarding Claim 10
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses:
10. The off-road tilling implement of claim 1, wherein the plurality of spikes are removably coupled to the base plate. ( col 2 – line 10 – wherein they are installed using fasteners)
SCHWARTZ discloses the blades combination in claim 1
Regarding Claim 11
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
SCHWARTZ discloses the combination in claim 1
11. The off-road tilling implement of claim 10, further comprising a plurality of threaded fasteners that removably couple the plurality of blades to the base plate. ( fig. 2)
Regarding Claim 12
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL disclose of the spikes in the base plate for the tillage implement, SCHWARTZ discloses wherein the tillage tool is a blade and wherein the base plate defines a plurality of slots and each of the plurality of blades extends through individual slots of the plurality of slots such that a portion of each of the plurality of blades are positioned on the second side of the base plate, SCHWARTZ further discloses:
wherein the base plate defines a plurality of slots and each of the plurality of blades extends through individual slots of the plurality of slots such that a portion of each of the plurality of blades are positioned on the second side of the base plate ( see figure 2 and 3)
[AltContent: arrow][AltContent: textbox (Mounting Plate)][AltContent: textbox (Base plate)][AltContent: arrow]
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It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for KOOL / TOWNSEND tillage implement with spikes on a base plate to utilize other tillage tools wherein the base plate defines a plurality of slots and each of the plurality of blades extends through individual slots of the plurality of slots such that a portion of each of the plurality of blades are positioned on the second side of the base plate as taught by SCHWARTZ. Doing so merely constitutes the substitution of one known tool type for another to produce an expected result of a plowing a field(MPEP 2143, Subsection I, B).
Regarding Claim 13
KOOL / TOWNSEND / SCHWARTZ discloses claim 12
SCHWARTZ discloses the blades combination in claim 12
13. The off-road tilling implement of claim 12, wherein the plurality of blades are removably coupled to the base plate on the second side of the base plate. ( See figure 2 and 3 where in the blades are coupled to plate and removeable on other side of plate)
Regarding Claim 14
KOOL / TOWNSEND / SCHWARTZ discloses claim 13
SCHWARTZ discloses the blades combination in claim 13
14. The off-road tilling implement of claim 13, wherein each of the plurality of blades further comprises a mounting plate. ( see figure 3 – mounting plate)
Regarding Claim 15
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses of a tillage implement that can operate on two sides of a trailer TOWNSEND discloses a first accessory mount on the second side of the base plate, TOWNSEND further discloses:
15. The off-road tilling implement of claim 1, further comprising a first accessory mount on the second side of the base plate. ( figure 3 – where in 15 is a grader bar that can serve as an accessory weight with mounts for the accessory in figure 3)
It would be obvious to one of ordinary skill in the art before the effective filling date for KOOL’s method of a tilling implement used for condition the ground to utilize TOWNSEND’s method of a tillage implement that can operate on two sides of a trailer such that the trailer a first accessory mount on the second side of the base plate as taught in TOWNSEND. This would allow KOOL to improve useability of functions of the implement for stability.
Regarding Claim 16
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses of a tillage implement that can operate on two sides of a trailer TOWNSEND discloses a second accessory mount on the hitch assembly, TOWNSEND further discloses:
16. The off-road tilling implement of claim 1, further comprising a second accessory mount on the hitch assembly. ( figure 3 – where in 15 is a grader bar that can serve as an accessory weight with mounts for the accessory in figure 3)
It would be obvious to one of ordinary skill in the art before the effective filling date for KOOL’s method of a tilling implement used for condition the ground to utilize TOWNSEND’s method of a tillage implement that can operate on two sides of a trailer such that the trailer a second accessory mount on the hitch assembly as taught in TOWNSEND. This would allow KOOL to improve useability of functions of the implement for stability.
Regarding Claim 17
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses
17. The off-road tilling implement of claim 1, wherein the wheel assembly comprises an axle, a first wheel and a second wheel. ( see fig. 1)
Regarding Claim 18
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses
18. The off-road tilling implement of claim 1, wherein no part of the wheel assembly is positioned on the first side of the base plate. ( see fig. 1)
Regarding Claim 19
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses
19. The off-road tilling implement of claim 1, further comprising a plurality of tie down mounts on the second side of the base plate. (fig. 3 - wherein the triangular portion of the frame can be used for tie down mounts)
Regarding Claim 20
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses of a tillage implement that can operate on two sides of a trailer TOWNSEND discloses wherein the second side of the base plate is adapted to carry a plurality of accessory weights, TOWNSEND further discloses:
20. The off-road tilling implement of claim 1, wherein the second side of the base plate is adapted to carry a plurality of accessory weights.( figure 3 – where in 15 is a grader bar that can serve as an accessory weight)
It would be obvious to one of ordinary skill in the art before the effective filling date for KOOL’s method of a tilling implement used for condition the ground to utilize TOWNSEND’s method of a tillage implement that can operate on two sides of a trailer such that the trailer wherein the second side of the base plate is adapted to carry a plurality of accessory weights as taught in TOWNSEND. This would allow KOOL to improve useability of functions of the implement for stability.
Claim(s) 2 is rejected under 35 U.S.C. 103 as being anticipated by US Patent 2069958 – Kool et al. hereinafter as Kool in view of US PG Pub 20140262364 – Townsend et al. hereinafter as TOWNSEND in further view of 123128 – Schwartz et al. hereinafter as SCHWARTZ in further view of US patent 4021074 – Heiser et al. hereinafter as HEISER
Regarding Claim 2
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses of a base plate made of sheet metal, HEISER disclose of a plate that comprises of sheet steel, HEISER further discloses:
2. The off-road tilling implement of claim 1, wherein the base plate comprises sheet steel. ( col 4 line 15 – steel plate)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for KOOL’s base plate that is made of metal to substitute with a plate that is made of steel. Doing so merely constitutes the substitution of one known metal type for another to produce an expected result of a rigid trailer (MPEP 2143, Subsection I, B).
Claim(s) 4 is rejected under 35 U.S.C. 103 as being anticipated by US Patent 2069958 – Kool et al. hereinafter as Kool in view of US PG Pub 20140262364 – Townsend et al. hereinafter as TOWNSEND in further view of 123128 – Schwartz et al. hereinafter as SCHWARTZ in further view of 3076511 – Johnson et al. hereinafter as JOHNSON
Regarding Claim 4
KOOL / TOWNSEND / SCHWARTZ discloses claim 1
KOOL discloses a base plate made of metal with rounded edges but does not specify that the connections are made by welding. ( fig. 2 – rounded edge base plate)
JOHNSON discloses a similar frame structure wherein the frame segments can be joined through welding. ( Col 2 line 52 – 58 – wherein frame elements are connected through welding)
It has been held that use of a known technique to a known device ready for improvement to yield a predictable result is an obvious design choice (MPEP 2143, Subsection I, D), wherein JOHNSON expressly teaches that welding is a known alternative to connecting frame elements.
Conclusion
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
