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 1-4, 6-9, 11-12, 16, 19, 34-36, 38, 41-43, and 59-68 are pending and have been examined in this application.
Claims 1-4, 6-9, 11-12, 16, 19, 34-36, 38, and 41 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention.
Information disclosure statements (IDS) have been filed on 04/09/2025, 07/29/2025 and 08/25/2025 and reviewed by the Examiner.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/03/2025 has been entered.
Claim Objections
Claim 42 is objected to because of the following informalities: The Examiner suggests changing “which said outer” in line 8 to --wherein said outer--.
Appropriate correction is required.
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.
Claims 42-43 and 59-68 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 42 recites the phrase “the pollen collecting surface” in lines 16-17 and line 17. There is insufficient antecedent basis for this limitation in the claim. The Examiner suggests changing “the pollen collecting surface” to --the pollen collection surface--. Claim 68 is rejected for similar reasons.
Claim 42 recites the phrase “pollen” in line 18. There is insufficient antecedent basis for this limitation in the claim. The Examiner suggests changing “pollen” to --the pollen grains--. Claim 60 is rejected for similar reasons.
Claim 62 recites the phrase “the group” in line 2. There is insufficient antecedent basis for this limitation in the claim. The Examiner suggests changing “the group” to --a group--.
Claims 43 and 59-68 are rejected based on their respective dependencies.
Appropriate correction is required. Accordingly, the invention has been examined as best understood.
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 42-43 and 59 are rejected under 35 U.S.C. 103 as being unpatentable over Ding et al. (CN 108243733) in view of Ran et al. (U.S. Pub. 20200260675) and Hochheiser et al. (U.S. Pat. 3696269).
In regard to claim 42, Ding et al. discloses a pollen collecting element configured to collect pollen grains for release to artificially pollinate an agricultural area (Abstract), the pollen collecting element comprising a power supply, an electrode, and the electrode having an outer surface, which said outer surface acts as a pollen collection surface (Figs. 1-2 and Translated Specification Page 2 line 24 – Page 4 line 39, where there is at least a power supply (supplying power to the electrode chuck and other electronics of the device), an electrode (electrostatic chuck 8), and an electrode having an outer surface (the electrostatic chuck 8 at least has an outer surface) which acts as a pollen collection surface (where pollen is attracted to when the electrostatic chuck 8 is running); wherein, said power supply supplies voltage to the electrode, said electrode is configured to generate electric fields when the high voltage is supplied, wherein the electric fields apply, when the pollen grains are present at least external to the outer surface, electrostatic forces on the pollen grains (Figs. 1-2 and Translated Specification Page 4 lines 4-39, where the power supply at least supplies voltage to the electrode 8 and where the electrode 8 is at least configured to generate electric fields, when the high voltage is supplied, and apply the electrostatic forces on the pollen grains via the generated electric fields), and said pollen grains at least external to the outer surface are attracted by the electrostatic forces to move toward the electrode until stopped by contact with the pollen collecting surface of the element, whereby the outer surface acting as the pollen collecting surface collects pollen (Figs. 1-2 and Translated Specification Page 4 lines 4-39, where the pollen grains at least external to the outer surface are attracted to the pollen collection surface of the element (where pollen is attracted to when the electrostatic chuck 8 is running), by the electrostatic forces, and move toward the electrode 8 until stopped by contact with the pollen collection surface of the element (the outer surface of electrode 8 at least collects the pollen grains via the generated electric fields)). Ding et al. is silent on a high voltage power supply, said high voltage power supply supplies high voltage to the electrode; wherein the pollen collecting element exposes the pollen collection surface on an external portion of a pollen management system. Ran et al. discloses a pollination element configured to release pollen grains to artificially pollinate an agricultural area (Figs. 1-3 and Paragraphs [0059-0060], where there is a pollination element 7 at least configured to release pollen grains to artificially pollinate an agricultural area), the pollination element comprising: a high voltage power supply, an electrode, and a surface (Figs. 1-3 and Paragraphs [0059-0060], where the pollination element 7 at least has a high voltage power supply 8, an electrode 18, and a surface 13); wherein, said high voltage power supply supplies high voltage to the electrode, and wherein the pollination element exposes the surface on an external portion of a pollen management system (Figs. 1-3 and Paragraphs [0059-0060], where said high voltage power supply 8 supplies high voltage to the electrode 18 and where the pollination element 7 at least exposes the surface 13 on an external portion of the pollen management system). Ding et al. and Ran et al. are analogous because they are from the same field of endeavor which include pollination 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 Ding et al. such that a high voltage power supply, said high voltage power supply supplies high voltage to the electrode; wherein the pollen collecting element exposes the pollen collection surface on an external portion of a pollen management system in view of Ran et al., since the pollen collection surface of Ding et al. could be positioned as shown with the electrode of Ran et al. The motivation would have been to use a power source to supply power to the electrode and thereby generate an electric field to attract pollen. Additionally, placing the pollen collection surface on an external portion of the pollen management system would allow for relatively easier access to and interaction with the external environment which contains the pollen grains.
Ding et al. as modified by Ran et al. is silent on a covering of the electrode having an inner surface facing toward the electrode, and an outer surface facing away from the electrode. Hochheiser et al. discloses a covering of the electrode having an inner surface facing toward the electrode, and an outer surface facing away from the electrode (Fig. 1 and Column 2 lines 33-54, where there is a covering 12 of the electrode 14 at least having an inner surface facing toward the electrode 14, and an outer surface facing away from the electrode 14). Ding et al. and Hochheiser et al. are analogous because they are from the same field of endeavor which include electrodes. 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 Ding et al. as modified by Ran et al.such that a covering of the electrode having an inner surface facing toward the electrode, and an outer surface facing away from the electrode in view of Hochheiser et al., since the electrode of Ding et al. as modified by Ran et al. could use the covering for an electrode of Hochheiser et al. The motivation would have been to cover the electrode with a dielectric material, in order to reduce wear and direct contact with outside materials, thereby improving efficiency and durability of the electrode.
In regard to claim 43, Ding et al. as modified by Ran et al. and Hochheiser et al. discloses the pollen collecting element of claim 42, further comprising at least one of an internal control unit, a vibration engine, a blower, or a suction unit (Ding et al., Figs. 1-2 and Translated Specification Page 4 lines 4-39, where the pollen collecting element at least has an internal control unit (for controlling electrical components of motor and fan) and a blower 6 (hot air blower)).
In regard to claim 59, Ding et al. as modified by Ran et al. and Hochheiser et al. discloses the pollen collecting element of claim 42, wherein the pollen collection surface comprises a flat surface region (Ding et al., Figs. 1-2 and Translated Specification Page 4 lines 4-39, where there is a pollen collection surface (pollen collecting plates 11) that at least has a flat surface region).
Claims 60-68 are rejected under 35 U.S.C. 103 as being unpatentable over Ding et al. (CN 108243733) in view of Ran et al. (U.S. Pub. 20200260675) and Hochheiser et al. (U.S. Pat. 3696269) as applied to claim 42, and further in view of Caldeira et al. (U.S. Pub. 2016035366).
In regard to claim 60, Ding et al. as modified by Ran et al. and Hochheiser et al. discloses the pollen collecting element of claim 42, together with the pollen management system operating as a pollination module, and further comprising: a pollen application element of the pollination module (Ran et al., Figs. 1-3 and Paragraphs [0059-0060], where there is a pollen application element 7), configured to release the pollen (Ran et al., Paragraphs [0059-0060]); a data acquisition module operably engaged with the pollination module, wherein said data acquisition module comprises at least one sensor (Ran et al., Figs. 1-3 and Paragraphs [0059-0060], where there is a data acquisition module (“Unit 21 is configured for sensing meteorological variables such as wind velocity and direction, air temperature, relative humidity and luminance. Unit 22 is configured for identifying pollination targets and relative position of a pollination target to a pollinator and building a 3D model of a pollination target”) which at least operably engages with the pollination module and where the data acquisition module 23 at least has sensors 21/22); a server in communication with the pollination module, and the data acquisition module, wherein the server is configured to process data acquired by the data acquisition module (Ran et al., Figs. 1-3 and Paragraphs [0059-0060], where there is a server 23 in communication with the pollination module and the data acquisition module 21/22 and where the server 23 is at least configured to process data acquired by the data acquisition module 21/22); an operation module comprising a controller in communication with the server and the pollination module (Ran et al., Figs. 1-3 and Paragraphs [0059-0060], where there is an operation module with a controller (“said control unit is configured for controlling”) in communication with the server 23 and the pollination module), wherein said controller is configured to provide instructions to the pollination module (Ran et al., Figs. 1-3 and Paragraphs [0059-0060], where the controller is at least configured to provide instructions to the pollination module (“said control unit is configured for controlling at least one parameter selected from the group consisting of a flow velocity of said pollen grains within said at least one electrostatic pollinator, a voltage on an electrode within said electrostatic pollinator, a dispensable dose of said pollen grains, a distance between said electrostatic pollinator and said cultivated trees or shrubs, a direction of a flow of said pollen grains, a position of said system relative to said cultivated trees or shrubs”)). Ding et al. as modified by Ran et al. and Hochheiser et al. is silent on a user interface. Caldeira et al. discloses a user interface (Fig. 3 and Paragraph [0048], where there is at least a user interface 370) and a server (Figs. 3 and 5 and Paragraphs [0069-0070], where there is a server 310 and 510). Ding et al. and Caldeira et al. are analogous because they are from the same field of endeavor which include pollination 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 Ding et al. as modified by Ran et al. and Hochheiser et al. such that there is a user interface in view of Caldeira et al. The motivation would have been to allow the user to interface with the control systems and data systems of the device, in order to provide input for the operating processes of the device.
In regard to claim 61, Ding et al. as modified by Ran et al., Hochheiser et al. and Caldeira et al. discloses the pollen collecting element and pollen management system of claim 60, wherein the data acquisition module is configured to transmit the acquired data to the server (Ran et al., Figs. 1-3 and Paragraphs [0059-0060], where the data acquisition module 21/22 is configured to transmit the acquired data to the server 23); and wherein the instructions provided the to the pollination module by the controller are based on the data processed by the server (Ran et al., Figs. 1-3 and Paragraphs [0059-0060], where the instructions provided the to the pollination module by the controller (“control unit”) are at least based on the data processed by the server 23).
In regard to claim 62, Ding et al. as modified by Ran et al., Hochheiser et al. and Caldeira et al. discloses the pollen collecting element and pollen management system of claim 60, wherein the at least one sensor is selected from the group consisting of IR camera, temperature sensor, humidity sensor, LIDAR, Sound recorder, GNSS, 4D imaging sensor, hyperspectral imaging, IMU, and a light sensor (Ran et al., Paragraph [0059], where there is at least a temperature sensor 21; Caldeira et al., Paragraph [0027], where there is at least a light sensor 140).
In regard to claim 63, Ding et al. as modified by Ran et al., Hochheiser et al. and Caldeira et al. discloses the pollen collecting element and pollen management system of claim 60, wherein the server is configured to receive the acquired data, to store the acquired data, to generate a pollination heat map based on the acquired data (Caldeira et al., Paragraphs [0051-0054 and 0068-0070], where the server 310/510 is configured to receive the acquired data, to store the acquired data, and at least generate a pollination heat map (“pollination plan” seems equivalent to the pollination heat map detailed in the Applicant’s Specification dated 10/06/2022) based on the acquired data).
In regard to claim 64, Ding et al. as modified by Ran et al., Hochheiser et al. and Caldeira et al. discloses the pollen collecting element and pollen management system of claim 63, wherein the server is configured to transmit the pollination heat map to the operation module (Caldeira et al., Paragraphs [0068-0070], where the server 310/510 is at least configured to transmit the pollination heat map (“pollination plan”) to the operation module).
In regard to claim 65, Ding et al. as modified by Ran et al., Hochheiser et al. and Caldeira et al. discloses the pollen collecting element and pollen management system of claim 60, wherein the data are selected from location data (GPS), IMU data, visual data, and climate related data (Caldeira et al., Paragraphs [0036-0037, 0047, and 0055], where the data is at least selected from IMU data (inertial navigation), visual data (camera), and climate related data (temperature and sunlight); Ran et al., Paragraph [0074], where the data is selected at least from a GPS sensor to determine geographic position); and wherein the data are real-time data selected from the data acquired by the at least one sensor of the data acquisition module (Ran et al., Paragraphs [0059 and 0073], where the data is at least real-time data selected from the data acquired by the at least one sensor 22 (“identifying pollination targets and relative position of a pollination target to a pollinator”)).
In regard to claim 66, Ding et al. as modified by Ran et al., Hochheiser et al. and Caldeira et al. discloses the pollen collecting element and pollen management system of claim 60, wherein the server is further configured to control at least one of: an area to be pollinated, pollination time, frequency of pollination episodes, number of pollination episodes, and duration of each pollination episode (Caldeira et al., Paragraphs [0068-0070], where the server 310/510 is at least configured to control an area to be pollinated and pollination time (“pollination plan”)).
In regard to claim 67, Ding et al. as modified by Ran et al., Hochheiser et al. and Caldeira et al. discloses the pollen collecting element and pollen management system of claim 60, wherein the agricultural area is a field of a crop or an orchard (Ran et al., Paragraph [0065], where the agricultural area is an orchard).
In regard to claim 68, Ding et al. as modified by Ran et al., Hochheiser et al. and Caldeira et al. discloses the pollen collecting element of claim 42, wherein the electrode extends along the pollen collecting surface (Ding et al., Fig. 1, where the electrode 8 at least extends along the pollen collecting surface; Ran et al., Figs. 2-3, where the electrode 18 at least extends along the external surface).
Response to Arguments
Applicant's arguments (filed 07/03/2025) with respect to the rejection of the claims have been fully considered but they are not persuasive. Ding et al. (CN 108243733) in view of Ran et al. (U.S. Pub. 20200260675) and Hochheiser et al. (U.S. Pat. 3696269) disclose the applicant’s claim 42, as specified under Claim Rejections - 35 USC § 103 above.
Specifically, Hochheiser et al. has been brought into the rejections to disclose a covering of the electrode having an inner surface facing toward the electrode, and an outer surface facing away from the electrode in Fig. 1 and Column 2 lines 33-54, where there is a covering 12 of the electrode 14 at least having an inner surface facing toward the electrode 14, and an outer surface facing away from the electrode 14.
With regard to the argument that the electrode of Ding et al. cannot be placed at an area considered to be “an external portion” of the system, the office maintains that there is nothing preventing such a modification of structure. Doing so would not destroy the ability of the device to function. The intended function of Ding et al. is simply to collect pollen. This function is not prevented by the combination of Ding et al. (CN 108243733) with Ran et al.
Conclusion
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 pollination devices and electrodes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M DENNIS whose telephone number is (571)270-7604. The examiner can normally be reached Monday-Friday: 7:30 am to 4:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached on (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647