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 .
Application Status
Claims 1-8, 10-12, 14-15, 21, 23, 25, and 27-30 are pending and have been examined in this application.
An information disclosure statement (IDS) has been filed on 11/03/2025 and reviewed 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.
Claims 1-8, 10-12, 15, 23, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al. (U.S. Pub. 20220039310) in view of Barychev et al. (U.S. Pub. 20160174456).
In regard to claim 1, Johnson et al. discloses an agricultural machine (Paragraphs [0003] and [0139]) comprising: a seeding system comprising: a seed transport mechanism configured to transport a crop seed (Figs. 2 and 7 and Paragraphs [0004], [0045], [0049], and [0081], where there is at least a seed transport mechanism 12 configured to transport a crop seed 168 (crop seed “for depositing or planting… in a furrow in the ground” and “seed species (e.g., soybeans versus maize or corn)”)); a seed sensor configured to direct electromagnetic radiation toward the crop seed at a sensing location and detect electromagnetic radiation after the electromagnetic radiation interacts with the crop seed to provide sensor data (Figs. 2 and 7 and Paragraphs [0029-0031] and [0079], where there is a seed sensor 16/18 configured to direct electromagnetic radiation 92 toward the crop seed 168 at a sensing location and detect electromagnetic radiation 92 after the electromagnetic radiation 92 interacts with the seed 168 to at least provide sensor data (“seed-related characteristic”)); and an actuator configured to selectively move the crop seed (Fig. 2 and Paragraphs [0049-0050], where there is an actuator 49 configured to selectively move the crop seed 268); a processing system configured to: receive the sensor data and classify the seed as qualified or non-qualified and to selectively engage the actuator based on whether the seed is classified as qualified or non-qualified (Fig. 2 and Paragraphs [0049-0050], where there is a processing system configured to at least receive the sensor data (“seed-related characteristic”) and classify the seed 268 as qualified or non-qualified (“nonviable”) and to at least selectively engage the actuator 49 based on whether the seed 268 is classified as qualified or non-qualified (“nonviable”)); and wherein the processing system is configured to cause a seed ejection system to eject a non-qualified seed (Fig. 2 and Paragraphs [0049], [0083], and [0119], where the processing system is configured to at least cause a seed ejection system to eject a non-qualified (“rejected”) seed onto the ground), store, in a data store, information including at least one of: a timestamp representing the non-qualified crop seed, a geographic location representing the non-qualified crop seed, or seed classification information indicative of the classification of the crop seed (Paragraph [0119], where the processing system is further configured to store, in a data store (data is at least stored in the “user interface”), information including at least seed classification information indicative of the classification of the crop seed (information such as “detected low quality seed is separated from the higher quality seed; can be provided to the operator of the vehicle in real time on or via the user interface”)). Johnson et al. is silent on a terahertz-based seed sensor; a processing system configured to classify the seed as qualified or non-qualified based on the terahertz data. Barychev et al. discloses a terahertz-based seed sensor; a processing system configured to classify the seed as qualified or non-qualified based on the terahertz data (Abstract and Paragraph [0047], where there is at least terahertz-based seed sensor for detecting the viability of a seed (considered classifying the seed as qualified or non-qualified based on “germination ability”)); store, in a data store, information including at least seed classification information indicative of the classification of the crop seed (Abstract and Paragraph [0047], where the processing system is configured to store, in a data store, information including at least seed classification information (“germination ability”) indicative of the classification of the crop seed based on the terahertz data). Johnson et al. and Barychev et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Johnson et al. such that a terahertz-based seed sensor; a processing system configured to classify the seed as qualified or non-qualified based on the terahertz data; store, in a data store, information including at least seed classification information indicative of the classification of the crop seed in view of Barychev et al., since the terahertz-based seed sensor and data of Barychev et al. could be used with the device of Johnson et al. The motivation would have been to use a sensor which can gather both amplitude information and phase information and relatively provide better data for determining seed viability (Barychev et al., Paragraph [0006]).
In regard to claim 2, Johnson et al. as modified by Barychev et al. disclose the agricultural machine of claim 1, wherein the seeding system comprises a seed meter, the seed transport mechanism is configured to transport the crop seed from the seed meter to a release position at which the crop seed is released from the seed transport mechanism (Johnson et al., Fig. 2, where there is a seed meter 10 and where the seed transport mechanism is configured to transport the crop seed from the seed meter 10 to a release position (see seed 368 at port 80) at which the crop seed is released from the seed transport mechanism), and the actuator configured to remove the crop seed from the seed transport mechanism and to divert the crop seed to the seed ejection system (Johnson et al., Fig. 2, where the actuator 49 (with 74) is at least configured to remove the crop seed from the seed transport mechanism and to divert the crop seed 268).
In regard to claim 3, Johnson et al. as modified by Barychev et al. disclose the agricultural machine of claim 1, wherein the processing system is configured to employ an artificial intelligence engine to relate a signal from the terahertz-based seed sensor to at least one detected parameter (Barychev et al., Paragraph [0036], where the processing system is configured to at least employ an artificial intelligence engine (“machine learning algorithm”) to relate the signal from the terahertz-based seed sensor (“THz images”) to at least one detected parameter (via “labels (classes) for unseen examples”)).
In regard to claim 4, Johnson et al. as modified by Barychev et al. disclose the agricultural machine of claim 1, wherein the processing system is configured to classify the crop seed based on whether the crop seed is viable (Johnson et al., Paragraphs [0029-0030], where the processing system is configured to classify the crop seed at least based on the whether the crop seed is viable (“a seed viability”)).
In regard to claim 5, Johnson et al. as modified by Barychev et al. disclose the agricultural machine of claim 1, wherein the processing system is configured to classify the crop seed based on whether the crop seed is contaminated (Johnson et al., Paragraphs [0049-0050], where the processing system is configured to classify the crop seed 68 at least based on whether the crop seed 68 is contaminated).
In regard to claim 6, Johnson et al. as modified by Barychev et al. disclose the agricultural machine of claim 5, wherein the contaminated crop seed is chemically contaminated (Johnson et al., Paragraphs [0049-0050], where the contamination is chemical contamination (determines whether the seed is “uncoated” or “untreated”)).
In regard to claim 7, Johnson et al. as modified by Barychev et al. disclose the agricultural machine of claim 5, wherein the contaminated crop seed is biologically contaminated (Johnson et al., Paragraphs [0049-0050], where the contamination is biological contamination (determines whether the seed is “insect-infested seed” or “moldy”)).
In regard to claim 8, Johnson et al. as modified by Barychev et al. disclose the agricultural machine of claim 5, where genetic characteristics of the seed are determined (Johnson et al., Paragraph [0114], where the genetic characteristics of the seed are at least determined). Johnson et al. as modified by Barychev et al. is silent on the contaminated crop seed is a non-GMO crop seed. It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Johnson et al. as modified by Barychev et al. to have the contaminated crop seed is a non-GMO crop seed, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the seed classification device of Johnson et al. as modified by Barychev et al. The motivation would have been to ensure that seeds with the desired genetic characteristics are planted during operation of the agricultural machine.
In regard to claim 10, Johnson et al. as modified by Barychev et al. discloses the agricultural machine of claim 1, wherein the processing system is configured to cause seed ejection system to transport a non-qualified crop seed to a non-qualified seed container (Johnson et al., Fig. 2 and Paragraphs [0038] and [0050-0052], where the processing system is configured to cause a seed ejection system to transport a non-qualified crop seed to a non-qualified seed container 52).
In regard to claim 11, Johnson et al. as modified by Barychev et al. discloses the agricultural machine of claim 1, wherein the processing system is configured to cause the seed ejection system to eject the non-qualified crop seed onto the ground (Johnson et al., Fig. 2 and Paragraphs [0049], [0083], and [0119], where the processing system is configured to at least cause a seed ejection system to eject a non-qualified (“rejected”) seed onto the ground (“rejected seed outlet 94 is generally configured to drop the seed on the ground”)).
In regard to claim 12, Johnson et al. as modified by Barychev et al. discloses the agricultural machine of claim 1, wherein the terahertz-based seed sensor detector is disposed to at least one of: detect the terahertz electromagnetic radiation passing through the crop seed, or detect the terahertz electromagnetic radiation reflected from the crop seed (Johnson et al., Fig. 7 and Paragraph [0135], where the seed sensor detector 16/18 is disposed to detect electromagnetic radiation at least passing through the crop seed; Barychev et al., Abstract and Paragraph [0047], where there is a terahertz-based seed sensor).
In regard to claim 15, Johnson et al. as modified by Barychev et al. discloses the agricultural machine of claim 1, wherein the information includes the terahertz data associated with the non-qualified crop seed (Barychev et al., Abstract and Paragraph [0047], where the information includes terahertz data associated with the non-qualified seed (estimated “germination ability”)).
In regard to claim 23, Johnson et al. as modified by Barychev et al. discloses the agricultural machine of claim 1, wherein the sensing area is located within a seed meter of the seeding system (Johnson et al., Paragraph [0092], where the sensing area is located within a seed meter (“within the seed meter 10”) of the seeding system). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the sensing area is located within a seed meter of the seeding system, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The motivation would have been to detect and collect data on the seed earlier in the process flow, in order to give the processing system more time to classify the seed before discharge.
In regard to claim 30, Johnson et al. as modified by Barychev et al. discloses the agricultural machine of claim 2, wherein the seed transport mechanism comprises a belt forming a crop seed queue (Johnson et al., Figs. 1-3 and Paragraph [0046], where the seed transport mechanism comprises a belt 85 forming a crop seed queue and where the actuator 50 is configured to engage the crop seed in the crop seed queue and to remove the crop seed from the crop seed queue).
Claims 14 and 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al. (U.S. Pub. 20220039310) in view of Barychev et al. (U.S. Pub. 20160174456) as applied to claim 1, and further in view of Hubner et al. (U.S. Pub. 20210127558).
In regard to claim 14, Johnson et al. as modified by Barychev et al. discloses the agricultural machine of claim 1. Johnson et al. as modified by Barychev et al. is silent on wherein the information stored in the data store, identifies at least one of: a location on the ground where the non-qualified seed was ejected, or a time when the non-qualified seed was detected. Hubner et al. discloses the information stored in the data store, identifies at least one of: a location on the ground where the seed was ejected, or a time when the non-qualified seed was detected (Paragraphs [0083-0090], where the system identifies a location on the ground where the seed was ejected (“the release location”) and a time when the seed was detected (“timestamps of the corresponding seed presence signals generated by seed sensor”)). Johnson et al. and Hubner et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Johnson et al. as modified by Barychev et al. such that the information stored in the data store, identifies at least one of: a location on the ground where the non-qualified seed was ejected, or a time when the non-qualified seed was detected in view of Hubner et al. The motivation would have been to provide further information to the system or user on the seed release location and seed detection time.
In regard to claim 28, Johnson et al. as modified by Barychev et al. discloses the agricultural machine of claim 1. Johnson et al. as modified by Barychev et al. is silent on the processing system is configured to generate a seed tracking queue that tracks a plurality of crop seeds in the seed transport mechanism and stores, for each respective crop seed of the plurality of crop seeds, tracking information that correlates the respective crop seed with a position of the seed transport mechanism. Hubner et al. discloses the processing system is configured to generate a seed tracking queue that tracks a plurality of crop seeds in the seed transport mechanism and stores, for each respective crop seed of the plurality of crop seeds, tracking information that correlates the respective crop seed with a position of the seed transport mechanism (Abstract and Paragraphs [0057] and [0073], where the processing system is configured to generate a seed tracking queue that tracks a plurality of crop seeds (“a seed tracking system 240 configured to track seed movement within seeding system”) in the seed transport mechanism and stores, for each respective crop seed of the plurality of crop seeds, tracking information (“calculate the position of the seed in seed transport mechanism 216, thus facilitating tracking of movement of the seed through seed delivery system”) that correlates the respective crop seed with a position of the seed transport mechanism). Johnson et al. and Hubner et al. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Johnson et al. as modified by Barychev et al. such that the processing system is configured to generate a seed tracking queue that tracks a plurality of crop seeds in the seed transport mechanism and stores, for each respective crop seed of the plurality of crop seeds, tracking information that correlates the respective crop seed with a position of the seed transport mechanism in view of Hubner et al. The motivation would have been to provide further information to the system to determine whether a target parameter has been reached for releasing the seed (Hubner et al., Abstract).
In regard to claim 29, Johnson et al. as modified by Barychev et al. and Hubner et al. discloses the agricultural machine of claim 28, wherein the tracking information comprises an angular position of a motor that drives the seed transport mechanism (Hubner et al., Paragraph [0106], where the tracking information (“position of the seed transport mechanism”) includes detecting an angular position of a motor (“the angular position of the motor output shaft”) that drives the seed transport mechanism).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al. (U.S. Pub. 20220039310) in view of Barychev et al. (U.S. Pub. 20160174456) as applied to claim 1, and further in view of Barychev et al. (U.S. Pub. 20190236332).
In regard to claim 21, Johnson et al. as modified by Barychev et al. ‘456 discloses the agricultural machine of claim 1. Johnson et al. as modified by Barychev et al. ‘456 is silent on wherein the terahertz-based seed sensor includes a source selected from the group consisting of a femtosecond Ti-sapphire laser, a Yttrium Iron Garnet (YIG)-oscillator, a quantum cascade laser, a P-type germanium laser, a silicon-based laser, a free electron laser, a photoconductive switch, optical rectification, a backward-wave oscillator, a transferred electron device, and a resonant tunneling diode, and at least one detector selected from the group consisting of a photoconductive semiconductor, free-space electro-optic sampling using ZnTe and BBO crystals, bolometer, an interferometer, Schottkey diode, backward diode, High-Electron-Mobility-Transistor (HEMT), Golay cell, and a pyroelectric detector. Barychev et al. ‘332 discloses wherein the terahertz-based seed sensor includes a source is selected from the group consisting of a femtosecond Ti-sapphire laser, a Yttrium Iron Garnet (YIG)-oscillator, a quantum cascade laser, a P-type germanium laser, a silicon-based laser, a free electron laser, a photoconductive switch, optical rectification, a backward-wave oscillator, a transferred electron device, and a resonant tunneling diode (Paragraph [0095], where the terahertz-based seed sensor at least includes a source which is a photoconductive switch (“THz transmitter TTR, typically photoconductive element”)); and at least one detector selected from the group consisting of a photoconductive semiconductor, free-space electro-optic sampling using ZnTe and BBO crystals, bolometer, an interferometer, Schottkey diode, backward diode, High-Electron-Mobility-Transistor (HEMT), Golay cell, and a pyroelectric detector (Paragraphs [0085] and [0095], where there is at least one detector which is a photoconductive semiconductor (“terahertz detection device, such as a sub-harmonically pumped superlattice electronic device (SLED)” which acts as a semiconductor and is further described as “a photoconductive element”)). Johnson et al. and Barychev et al. ‘332 are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Johnson et al. as modified by Barychev et al. ‘456 such that the terahertz-based seed sensor includes a source is selected from the group consisting of a femtosecond Ti-sapphire laser, a Yttrium Iron Garnet (YIG)-oscillator, a quantum cascade laser, a P-type germanium laser, a silicon-based laser, a free electron laser, a photoconductive switch, optical rectification, a backward-wave oscillator, a transferred electron device, and a resonant tunneling diode; and at least one detector selected from the group consisting of a photoconductive semiconductor, free-space electro-optic sampling using ZnTe and BBO crystals, bolometer, an interferometer, Schottkey diode, backward diode, High-Electron-Mobility-Transistor (HEMT), Golay cell, and a pyroelectric detector in view of Barychev et al. ‘332. The motivation would have been to utilize a common terahertz-based sensor and detector which is capable of accurately imaging and classifying the seed. Furthermore, the source and detector pair disclosed in Barychev et al. ‘332 allows the system to “to obtain THz signal amplitude vs. time which after mathematical transformation in a data processing device DPD, such as a computer, the transformation e.g. comprising a Fourier transform, provides a spectral image SPI of the seed”.
Claims 25 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al. (U.S. Pub. 20220039310) in view of Barychev et al. (U.S. Pub. 20160174456) as applied to claim 11, and further in view of and Blank et al. (U.S. Pub. 20210243950).
In regard to claim 25, Johnson et al. as modified by Barychev et al. discloses the agricultural machine of claim 11, where the processing system is configured to eject the non-qualified crop seed onto the ground (Johnson et al., Fig. 2). Johnson et al. as modified by Barychev et al. is silent on wherein the processing system is configured to: destructively treat a non-qualified crop seed. Blank et al. discloses wherein the processing system is configured to: destructively treat a non-qualified crop seed (Paragraphs [0055] and [0090], where treatment of the non-qualified seed is done by “mechanical mitigators” which “mechanically contact (e.g., crush)” the seed). Johnson et al. and Blank et al.. are analogous because they are from the same field of endeavor which include agricultural devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Johnson et al. as modified by Barychev et al. such that wherein the processing system is configured to: destructively treat a non-qualified crop seed prior to causing a seed ejection system to eject the non-qualified crop seed onto the ground in view of Blank et al., since the crop seed processing device of Johnson et al. as modified by Barychev et al. could utilize the seed mitigators of Blank et al. The motivation would have been to ensure that the non-qualified seeds are not able to propagate, by damaging the seeds and thereby “inhibiting further germination or promulgation”. This would relatively better guarantee that the ejected seeds are not able to germinate once ejected onto the ground, reducing the probability of unwanted growth.
In regard to claim 27, Johnson et al. as modified by Barychev et al. and Blank et al. discloses the agricultural machine of claim 25, wherein the treatment of the non-qualified crop seed comprises at least one of: chemically treating the non-qualified crop seed, crushing the non-qualified crop seed, or scoring the non-qualified crop seed (Blank et al., Paragraphs [0055] and [0090], where treatment of the non-qualified crop seed includes chemically treating (“chemical mitigators” and “Chemical treatment mechanisms 712 are configured to chemically treat”) the seed; Johnson et al., Paragraph [0004], where the seeds are at least crop seed for “depositing or planting… in a furrow in the ground”).
Response to Arguments
Applicant's arguments (filed 12/11/2025) with respect to the rejection of the claims have been fully considered but they are not persuasive. Johnson et al. (U.S. Pub. 20220039310) in view of Barychev et al. (U.S. Pub. 20160174456) discloses the applicant’s claim 1, as specified under Claim Rejections - 35 USC § 103 above.
Specifically, Johnson et al. teaches that the processing system is configured to store, in a data store, information including at least one of: a timestamp representing the non-qualified crop seed, a geographic location representing the non-qualified crop seed, or seed classification information indicative of the classification of the crop seed in Paragraph [0119], where the processing system is further configured to store, in a data store (data is at least stored in the “user interface”), information including at least seed classification information indicative of the classification of the crop seed (information such as “detected low quality seed is separated from the higher quality seed; can be provided to the operator of the vehicle in real time on or via the user interface”).
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 extension fee 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 date of this final action
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Particularly the references were cited because they pertain to the state of the art of agricultural devices.
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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647
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