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 .
Response to Amendments
The Amendment filed 06/23/2025 has been entered. Claims 1-9,21-23,25-27 remain pending in the application with claims 5,26-27 withdrawn from consideration.
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(s) 8-9 is(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 8 recites “wherein the mounting assembly is movably attachable to the base...” This requires an arrangement with the base (i.e. requiring the base), however the base itself is not required by claim 1, and thus the metes and bounds of the claim are unclear.
Claim 9 is rejected based on its dependency on a rejected based claim.
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)1,2,3,6,7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. herein Li (CN 109496835 A).
Regarding claim 1:
Li discloses:
A pollen applicator device for a tractor, (abstract and figs, this is a recitation of an intended use; as illustrated in Fig. 1, is treated as being capable of being used with a tractor for applying pollen to crop plants grown in rows as the tractor moves through the rows of crop plants (“automatic pollen collecting and pollinating machine”)
a mounting assembly attachable to a base of the tractor, so that the tractor can transport the pollen applicator device, via the mounting assembly, through a row of crop plants; (2, Fig 1, can be attached to a base of tractor, so that the tractor can transport the pollen applicator device, via the mounting assembly, through a row of crop plants)
a housing assembly coupled to the mounting assembly, the housing assembly comprising: (1)
an inlet for receiving pollen into the housing assembly; (20)
and a first mixer mounted within the housing assembly, the first mixer operable to mix the received pollen within the housing assembly as the pollen applicator device is transported by the tractor through the row of crop plants; (interior of 1 above 9, is operatable to perform the intended use operation of mixing the received pollen as the device is transported by the tractor through the row of crop plants “In the embodiment, when the flower is collected, the rotary motor 13 is first activated by the control switch on the first handle 2. The output shaft of the rotary motor 13 drives the spindle 16 to rotate, because the top inner wall of the inner cylinder 10 is opened. There is a second through hole corresponding to the main shaft 16, and the side wall of the second through hole is welded to the outer side of the main shaft 16, the main shaft 16 drives the inner cylinder 10 to rotate inside the outer cylinder 1, and the inner cylinder 1 drives the outer side thereof. The plurality of grooves 11 are rotated, and the main shaft 16 drives the annular frame 18 to rotate through the three hubs 17. When the annular frame 18 in the rotating state is placed at the position of the flower, the ring-shaped frame 18 in the rotating state drives The edge flower collecting blade 21 cuts the side flower of the flower, and the hub 17 in the rotating state drives the center flower collecting blade 19 to cut the center flower of the flower, and the cut flower slides down to the inner tube 10 due to its own gravity. Between the outer side and the inner side of the outer cylinder 1, the plurality of grooves 11 in the rotating state at this time cooperate with the plurality of protrusions 12 to release the pollen in the flower by friction,” and “10+11+13+14+16, “The output shaft of the rotary motor 13 drives the main shaft 16 to rotate. There is a second through hole corresponding to the main shaft 16, and the side wall of the second through hole is welded to the outside of the main shaft 16. The main shaft 16 drives the inner cylinder 10 to rotate inside the outer cylinder 1, and the inner cylinder 1 drives the outer cylinder”)
an applicator attached to the mounting assembly, (5+6+7+8 attached to 3+4)
the applicator in fluid communication with the housing assembly and operable to receive the mixed pollen from the housing assembly; (“The pollen inside the pollen chamber 3 passes through the pollen tube 5, and is finally sprayed and pollinated by the powder spraying head 6, thereby completing the pollination process.”)
wherein the applicator includes a nozzle configured to discharge the received pollen at the crop plants as the tractor transports the pollen applicator device through the row of crop plants; (5+6 is operatable to perform the intended use operation of discharging the pollen as the device is transported by the tractor through the row of crop plants, “and is finally sprayed and pollinated by the powder spraying head 6, thereby completing the pollination process.”)
and at least one guide adjacent the applicator, the at least one guide configured to direct silks of the plants through the at least one guide and into an airflow path of the applicator for applying pollen to the silks of the plants directed through the at least one guide. ( it is noted that the guide 6 of the device performs the functional operation of “directing silks of the plants through the guide into an airflow path of the applicator for applying pollen to the silks” when it is placed atop the silks due to the funneled shape of the guide 6 and by preventing contact with the leaves, i.e. the guide would necessarily function to direct the silks through the guide and into the airflow path of the applicator when it is placed atop the silk due to the shape of 6 and since it is preventing direct contact with the leaves)
Regarding claim 2:
Li discloses:
wherein the first mixer is mounted within a mixing chamber of the housing assembly. (10+11+13+14+16, mounted within walls of 1)
Regarding claim 3:
Li discloses:
wherein the first mixer is configured to rotate within the mixing chamber to mix the pollen received in the housing assembly. (10+11+13+14+16 placed within mixing chamber of 1 mixes the pollen within via 11, “The output shaft of the rotary motor 13 drives the main shaft 16 to rotate. There is a second through hole corresponding to the main shaft 16, and the side wall of the second through hole is welded to the outside of the main shaft 16. The main shaft 16 drives the inner cylinder 10 to rotate inside the outer cylinder 1, and the inner cylinder 1 drives the outer cylinder”)
Regarding claim 6:
Li discloses:
wherein the housing assembly further includes an airflow chamber disposed below the mixing chamber (3+4 disposed below 9 and unnumbered section below 9)
the airflow chamber in communication with the mixing chamber such that pollen mixed in the mixing chamber is delivered to the airflow chamber, the airflow chamber configured to produce an airflow for delivering the pollen from the airflow chamber to the applicator. (5+6+7+8 attached to 3+4 ,“The pollen absorbed by the powder extractor is stored in the pollen waiting chamber 3 to complete the collection of pollen,” and“The pollen inside the pollen chamber 3 passes through the pollen tube 5, and is finally sprayed and pollinated by the powder spraying head 6, thereby completing the pollination process.”)
Regarding claim 7:
Li discloses:
wherein a position of the nozzle of the applicator is automatically adjustable relative to the mounting assembly as the tractor transports the pollen applicator device through the row of crow plants, to optimize delivery of the pollen to the crop plants. (the nozzle 6 of Li can be automatically positioned/adjusted relative to the crops being pollenated when the tractor moves through the rows of crop plants)
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 Li, as applied to claims 1-3 above, and in view of Bak (KR 20120106446 A-cited in IDS).
Regarding claim 4:
Li discloses claims 4 and further discloses:
wherein the mixing chamber includes a second mixer mounted within the mixing chamber, (15 below 10, “the bottom of the inner cylinder 10 is fixedly installed with a brush plate 15 that is movably fitted to the outside of the mounting shaft 14”)
the second mixer configured to rotate within the mixing chamber to further mix the pollen received in the housing assembly. (“and the brush plate 15 driven by the inner cylinder 10 drives the brush to clean the pollen on the top of the sieve 9 and the flowers after the released pollen, so that the released pollen flowers after the pollen The petal outlet 22 is discharged, and the pollen falls on the bottom inner wall of the outer cylinder 1 through the sieve 9 and is sucked by the powder extractor.”)
Li doesn’t disclose:
the second mixer is configured to rotate within the mixing chamber independently from the first mixer.
Bak discloses:
the second mixer configured to rotate within the mixing chamber independently from the first mixer. (28a coupled to 26 and 43 coupled to 48, Fig 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the mixers of Li such that they were independently controlled as taught by Bak to allow for easier maintenance with separate motorized parts.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li, as applied to claim 1 above, and in view of Monsanto (WO 2018129302 A1).
Regarding claim 8:
Li discloses claim 1 but does not discloses:
wherein the mounting assembly is movably attachable to the base to adjust a position of the housing assembly on the base.
Monsanto discloses:
a pollen applicator device (10, Fig. 1; para (00261)
comprising a mounting assembly (lift 32, as illustrated in Fig. 2; para [0032])
configured to mount a housing assembly (chassis 37, Fig. 2; para [0032)) to a base (12, Fig. 2; para [0027)),
the mounting assembly is movably attachable to the base to adjust a position of the housing assembly on the base (as illustrated in Fig. 2: "adjusting the height", para [0032)).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the pollen applicator device of Li to comprise the features as taught by Monsanto to improve the efficiency of pollen distribution from a pollen applicator device (para [0006), [0007), [0032]).
Regarding claim 9:
Li as modified discloses claim 8 and Li further discloses:
Wherein the at least one guide is further configured to divert leaves of the plants away from the applicator. (it is noted that the guide 6 of the device performs the functional operation of “diverting leaves of the plants away from the applicator” when it is placed atop the silks due to the funneled shape of the guide 6 and by preventing contact with the leaves, i.e. the guide would necessarily function to direct the silks through the guide and direct the leaves away when it is placed atop the silk due to the shape of 6 and since it is preventing direct contact with the leaves)
Claim(s) 21,23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li and in view of Bak (KR 20120106446 A-cited in IDS).
Regarding claim 21:
Li discloses:
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A pollen applicator device for applying pollen to crop plants grown in rows, the device comprising: (abstract and figs)
a housing assembly (1)
configured to be mounted on a base for being transported through a row of crop plants, (this is a recitation of an intended use; as illustrated in Fig. 1, the apparatus is not connected to the ground instead is handheld, and is treated as being capable of being situated/used in a field;)
the housing assembly being configured to receive pollen and mix the pollen as the housing assembly is transported through the row of crop plants; (“automatic pollen collecting and pollinating machine”)
wherein the housing assembly includes: a mixing chamber configured to mix the received pollen; (interior of 1 above 9, “In the embodiment, when the flower is collected, the rotary motor 13 is first activated by the control switch on the first handle 2. The output shaft of the rotary motor 13 drives the spindle 16 to rotate, because the top inner wall of the inner cylinder 10 is opened. There is a second through hole corresponding to the main shaft 16, and the side wall of the second through hole is welded to the outer side of the main shaft 16, the main shaft 16 drives the inner cylinder 10 to rotate inside the outer cylinder 1, and the inner cylinder 1 drives the outer side thereof. The plurality of grooves 11 are rotated, and the main shaft 16 drives the annular frame 18 to rotate through the three hubs 17. When the annular frame 18 in the rotating state is placed at the position of the flower, the ring-shaped frame 18 in the rotating state drives The edge flower collecting blade 21 cuts the side flower of the flower, and the hub 17 in the rotating state drives the center flower collecting blade 19 to cut the center flower of the flower, and the cut flower slides down to the inner tube 10 due to its own gravity. Between the outer side and the inner side of the outer cylinder 1, the plurality of grooves 11 in the rotating state at this time cooperate with the plurality of protrusions 12 to release the pollen in the flower by friction,”)
a first mixer positioned axially within a first section and a second section of the mixing chamber, (15, positioned axially within the first and second sections annotated above)
the first section of the mixing chamber located generally above the second section of the mixing chamber, (see how the first second is generally above the second section annotated above)
the first mixer operable to rotate within the first section and the second section of the mixing chamber to mix the received pollen; (see how 15 rotates within the first and second sections above to mix the received pollen, “the bottom of the inner cylinder 10 is fixedly installed with a brush plate 15 that is movably fitted to the outside of the mounting shaft 14” and “and the brush plate 15 driven by the inner cylinder 10 drives the brush to clean the pollen on the top of the sieve 9 and the flowers after the released pollen, so that the released pollen flowers after the pollen The petal outlet 22 is discharged, and the pollen falls on the bottom inner wall of the outer cylinder 1 through the sieve 9 and is sucked by the powder extractor.”
a second mixer positioned within the first section of the mixing chamber radially apart from the first mixer, the second mixer operable to rotate within the first section of the mixing chamber from the first mixer and to direct the received pollen from the first section of the mixing chamber to the second section of the mixing chamber; (10+11+13+14+16, “The output shaft of the rotary motor 13 drives the main shaft 16 to rotate. There is a second through hole corresponding to the main shaft 16, and the side wall of the second through hole is welded to the outside of the main shaft 16. The main shaft 16 drives the inner cylinder 10 to rotate inside the outer cylinder 1, and the inner cylinder 1 drives the outer cylinder”)
a sieve chamber disposed below the mixing chamber, (9 and unnumbered section below 9 located below mixing chamber)
the sieve chamber configured to receive the mixed pollen from the mixing chamber and separate the mixed pollen; ( “Pollen will fall on the sieve 9, and the brush plate 15 driven by the inner cylinder 10 drives the brush to clean the pollen on the top of the sieve 9 and the flowers after the released pollen, so that the released pollen flowers after the pollen The petal outlet 22 is discharged, and the pollen falls on the bottom inner wall of the outer cylinder 1 through the sieve 9 and is sucked by the powder extractor.”)
and an airflow chamber disposed below the sieve chamber (3+4 disposed below 9 and unnumbered section below 9)
and configured to receive the separated pollen from the sieve chamber; (“The pollen absorbed by the powder extractor is stored in the pollen waiting chamber 3 to complete the collection of pollen,”)
and an applicator attached to the airflow chamber, (5+6+7+8 attached to 3+4)
the applicator configured to receive the pollen from the airflow chamber and apply the pollen to the crop plants as the housing assembly is transported through the row of crop plants. (“The pollen inside the pollen chamber 3 passes through the pollen tube 5, and is finally sprayed and pollinated by the powder spraying head 6, thereby completing the pollination process.”)
Li doesn’t disclose:
the second mixer operatable to rotate within the first section of the mixing chamber independently from the first mixer.
Bak discloses:
the second mixer configured to rotate within the mixing chamber independently from the first mixer. (28a coupled to 26 and 43 coupled to 48, Fig 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the mixers of Li such that they were independently controlled as taught by Bak to allow for easier maintenance with separate motorized parts.
Regarding claim 23:
Li as modified discloses claim 21 and Li further discloses:
wherein the second mixer comprises at least one wiper configured to move along an interior of the first section of the mixing chamber to thereby further mix the pollen within the mixing chamber. (11, “A plurality of grooves 11 rotate, and the main shaft 16 drives the ring frame 18 to rotate through the three hubs 17. When the ring frame 18 in the rotating state is placed at the position of the flower, the ring frame 18 in the rotating state drives the ring frame 18 to rotate. The side flower collecting blade 21 cuts the side flower of the flower, while the rotating hub 17 drives the central flower collecting blade 19 to cut the central flower of the flower, and the cut flower slides to the inner tube 10 due to its own gravity. Between the outer side of the outer cylinder and the inner side of the outer tube 1, the multiple grooves 11 in the rotating state at this time cooperate with the multiple protrusions 12 to release the pollen in the flower by friction,”)
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Bak, as applied to claim 21 above, and in view of Lee et al. herein Lee (KR 20180007106 A).
Regarding claim 22:
Li as modified discloses claim 21 but doesn’t disclose:
wherein the housing assembly further includes a vibrator coupled to the sieve chamber, the vibrator configured to vibrate the sieve chamber to separate the mixed pollen.
Lee discloses:
wherein the housing assembly further includes a vibrator coupled to the sieve chamber, the vibrator configured to vibrate the sieve chamber to separate the mixed pollen. (150 coupled to 140, Fig 2, “In addition, the screen net 140 is provided with a vibrator 150 for vibrating the screen net 140 to help separate the pulverized material.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the sieve chamber of Li as modified such that it comprises a vibrator as taught by Lee to help separate the pulverized material (Lee).
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Bak, as applied to claim 21 above, and in view of Choi et al. herein Choi (KR 20090081363 A).
Regarding claim 25:
Li as modified discloses claim 21 and further discloses:
wherein the applicator includes a nozzle configured to direct the pollen at the plants, and (6, “and is finally sprayed and pollinated by the powder spraying head 6, thereby completing the pollination process.)
Li doesn’t disclose:
wherein the nozzle includes an outlet vent having a grate structure for discharging the pollen from the nozzle.
Choi disclose:
wherein the nozzle includes an outlet vent having a grate structure for discharging the pollen from the nozzle. (11+12+5+8, Fig 2, “As shown in FIG. 2, the nozzle 5 installed at the distal end of the supply pipe 4 connected to the pump 3 uses the venturi tube principle and the ultrasonic vibrator 8 to supply finely sprayed mixed solution. Auxiliary tank 10 having a check valve (9) is installed at the tip of the tank, and a venturi tube (12) having a fan (11) installed at the rear side is provided on the auxiliary tank (10). The nozzle 5 is connected to the front end of the venturi tube 12 to form a connection pipe. Then, the fan 11 installed at the rear side of the venturi tube 12 is driven so that the outside air is injected at a high speed through the venturi tube 12 to the nozzle 5, and the pressure is lowered, thereby assisting by venturi action by Bernoulli's theorem. The mixed liquid of the tank 10 is pumped up to the nozzle 5, wherein the mixed liquid inside the auxiliary tank 10 is raised to the venturi tube 12 in a vaporized state by the ultrasonic vibrator 8 in the form of a mist, and the nozzle at the tip end thereof. (5) is to be sprayed,”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the nozzle of Li as modified such that it comprises a grate structure as taught by Choi to supply a mist solution to increase the working range while significantly reducing the raw material cost (Choi).
Response to Arguments
Applicant's arguments filed 06/23/2025 have been fully considered but they are not persuasive.
Applicant’s remarks with regards to the drawing objections have been considered and the objection withdrawn.
In regards to applicant’s arguments regarding the 35 USC 102 rejection of claim 21 and 23. (see pg 10)
Applicant’s arguments have been fully considered and are not persuasive and/or are moot in light of the new grounds of rejection. The claim amendments filed 06/23/2025 necessitated new grounds for rejection. While the claims are again rejected as being unpatentable over Li the teachings of Li are being interpreted differently than in the previous rejection. See rejections above.
In regards to applicant’s arguments regarding the 35 USC 103 rejection of claim 1. (see pg 10-12)
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHADA M ALGHAILANI whose telephone number is (571)272-8058. The examiner can normally be reached M-F (7:30am - 3:30pm EST).
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/SHADA MOHAMED ALGHAILANI/
Examiner
Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643