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 Amendment
The amendment filed 12/10/2025 has been entered.
Claims 2-4, 6, 12-14, 17-18, 24, and 26-29 are cancelled.
Claims 1, 11, 16 and 23 are amended.
Claims 1,5,7-11,15-16,19-23 and 25 are pending.
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 1,5,7-11,15-16,19-23 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Homburg (US 4,228,636 A) in view of Strelioff (8,843,283 B2), Hanzhe Li (Sensors 2017) and Booher (US 20200156100 A1.
Regarding claim 1, Homburg teaches transmitting, by one or more transducers, an ultrasonic signal towards vegetation[Abstract, Fig 3, Claim 1 has ultrasonic signal at vegetation] …..
receiving, within a time window, by the one or more transducers, a plurality of signals as reflections of the ultrasonic signal[ Abstract, Fig 3, Claim 1 has ultrasonic signal from vegetation; Claim 1 also has particular period meaning time window];
calculating at least one of a plant density of the vegetation and a plant spread of the vegetation, wherein [Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics. See also Col 3, Lines 10-20 for echo and plant density. See also Col 1 Lines 30-45 and Col 2 Lines 10- 25 for plant density across a lateral width]
calculating the plant density of the vegetation is based on the one of a quantity of the plurality of echo signals received during the time window and a strength of the plurality of echo signals received during the time window, wherein the plant density is an amount of plant material between a lateral width of the vegetation [Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics. See also Col 3, Lines 10-20 for echo and plant density. See also Col 1 Lines 30-45 and Col 2 Lines 10-25 for plant density across a lateral width] and
and calculating the plant spread of the vegetation is based on a first echo signal of the plurality of echo signals received during the time window and a last echo signal of the plurality of echo signals received during the time window; [Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics including multiple signals. See also Col 3, Lines 10-20 for echo and plant density; Col 4, Lines 50-65 has density not only in straight line but fan area from multiple pulses meaning spread] …
Homburg does not explicitly teach wherein each of the one or more transducers is a single device for sending and receiving signals; [However it would have been obvious to one having ordinary skill in the art at the time the invention was made to have a single device, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard V. Detroit Stove Works, 150 U.S. 164 (1893)]
and generating a map of the vegetation based on at least one of the plant spread or the plant density using GPS (global positioning system) data.
Strelioff teaches wherein each of the one or more transducers is a single device for sending and receiving signals[Fig 3 and #105 in Fig 4 and Col 4; Lines 30-40 and Col 18, Line 60 to Col 19 Line 20 and claim 22 discuss a single device for transmitting and receiving signals];
Hanzhe Li teaches calculating the plant density of the vegetation is based one of a quantity of the plurality of echo signals received during the time window and a strength of the plurality of echo signals received during the time window, wherein the plant density is an amount of plant material between a lateral width of the vegetation, [Title, Abstract has ultrasonics for plant density calculations; Page 2-3 and Fig 1 has ultrasonic wave and returning energy of wave being found based on length/time/duration and voltage/amplitude/power]
and calculating the plant spread of the vegetation is based on a first echo signal of the plurality of echo signals received during the time window and a last echo signal of the plurality of echo signals received during the time window[Abstract, Conclusion, Fig 1, 2, 4, 5 has density calculation and detecting distances between layers as well as models with layers based on signals meaning plant spread]
Booher teaches and generating a map of the vegetation based on at least one of the plant spread or the plant density using GPS (global positioning system) data [0074 has mapping and display of map based on sensor and GPS data]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the transducer in Homburg with the single sensor in Strelioff and the echo energy calculations of Hanzhe Li and the map display of Booher in order to transmit and receive with only a single device instead of multiple devices and to find the strength of the received signal to determine plant density and display the same on a map.
Regarding claim 11, Homburg teaches transmitting, by one or more transducers, and ultrasonic signal towards vegetation[Abstract, Fig 3, Claim 1 has ultrasonic signal at vegetation]
receiving, within a time window, by the one or more transducers, a plurality of signals as reflections of the ultrasonic signal[ Abstract, Fig 3, Claim 1 has ultrasonic signal from vegetation; Claim 1 also has particular period meaning time window];
calculating at least one of a plant density of the vegetation and a plant spread of the vegetation, wherein[Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics. See also Col 3, Lines 10-20 for echo and plant density. See also Col 1 Lines 30-45 and Col 2 Lines 10- 25 for plant density across a lateral width]
calculating the plant density of the vegetation is based on one of a quantity of the plurality of echo signals received during the time window and a strength of the plurality of echo signals received during the time window, wherein the plant density is an amount of plant material between a lateral width of the vegetation Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics. See also Col 3, Lines 10-20 for echo and plant density. See also Col 1 Lines 30-45 and Col 2 Lines 10-25 for plant density across a lateral width] and
and calculating the plant spread of the vegetation is based on a first echo signal of the plurality of echo signals received during the time window and a last echo signal of the plurality of echo signals received during the time window; [Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics including multiple signals. See also Col 3, Lines 10-20 for echo and plant density; Col 4, Lines 50-65 has density not only in straight line but fan area from multiple pulses meaning spread]…
Homburg does not explicitly teach wherein each of the one or more transducers is a single device for sending and receiving signals; [However it would have been obvious to one having ordinary skill in the art at the time the invention was made to have a single device, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard V. Detroit Stove Works, 150 U.S. 164 (1893)] or multiplying a duration of each echo signal and generating a map of the vegetation based on at least one of the plant spread or the plant density using GPS (global positioning system) data.
Strelioff teaches wherein each of the one or more transducers is a single device for sending and receiving signals 3 and #105 in Fig 4 and Col 4; Lines 30-40 and Col 18, Line 60 to Col 19 Line 20 and claim 22 discuss a single device for transmitting and receiving signals];
Hanzhe Li teaches calculating the plant density of the vegetation is based on one of a quantity of the plurality of echo signals received during the time window and a strength of the plurality of echo signals received during the time window, wherein the plant density is an amount of plant material between a lateral width of the vegetation, [Title, Abstract has ultrasonics for plant density calculations; Page 2-3 and Fig 1 has ultrasonic wave and returning energy of wave being found based on length/time/duration and voltage/amplitude/power]
and calculating the plant spread of the vegetation is based on a first echo signal of the plurality of echo signals received during the time window and a last echo signal of the plurality of echo signals received during the time window[Abstract, Conclusion, Fig 1, 2, 4, 5 has density calculation and detecting distances between layers as well as models with layers based on signals meaning plant spread]
Booher teaches and generating a map of the vegetation based on at least one of the plant spread or the plant density using GPS (global positioning system) data [0074 has mapping and display of map based on sensor and GPS data]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the transducer in Homburg with the single sensor in Strelioff and the echo energy calculations of Hanzhe Li and the map display of Booher in order to transmit and receive with only a single device instead of multiple devices and to find the strength of the received signal to determine plant density and display the same on a map.
Regarding claim 16, Homburg discloses one or more transducers for: transmitting an ultrasonic signal towards vegetation, and receiving within a time window a plurality of echo signals as reflections of the ultrasonic signal[Abstract, Fig 3, Claim 1 has ultrasonic signal at and receiving echoes from vegetation; Claim 1 also has particular period meaning time window];
a processor[ 3 and Col 5, Lines 15-25 as well as Col 6, Lines 20-35 has processing];
and a memory to store computer program instructions, the computer program instructions when executed on the processor cause the processor to perform operations comprising: calculating a plant density of the vegetation based on the plurality of echo signals, [Fig 3 shows circuit diagram of processor meaning computer]
calculating at least one of a plant density of the vegetation and a plant spread of the vegetation, wherein Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics. See also Col 3, Lines 10-20 for echo and plant density. See also Col 1 Lines 30-45 and Col 2 Lines 10- 25 for plant density across a lateral width]
calculating the plant density of the vegetation is based on one of a quantity of the plurality of echo signals received during the time window and a strength of the plurality of echo signals received during the time window, wherein the plant density is an amount of plant material between a lateral width of the vegetation [Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics. See also Col 3, Lines 10-20 for echo and plant density. See also Col 1 Lines 30-45 and Col 2 Lines 10- 25 for plant density across a lateral width]
and calculating the plant spread of the vegetation is based on a first echo signal of the plurality of echo signals received during the time window and a last echo signal of the plurality of echo signals received during the time window; [Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics including multiple signals. See also Col 3, Lines 10-20 for echo and plant density; Col 4, Lines 50-65 has density not only in straight line but fan area from multiple pulses meaning spread]…
Homburg does not explicitly teach wherein each of the one or more transducers is a single device for sending and receiving signals; [However it would have been obvious to one having ordinary skill in the art at the time the invention was made to have a single device, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard V. Detroit Stove Works, 150 U.S. 164 (1893)] or multiplying a duration of each echo signal and generating a map of the vegetation based on at least one of the plant spread or the plant density using GPS (global positioning stem) data.
Strelioff teaches wherein each of the one or more transducers is a single device for sending and receiving signals[Fig 3 and #105 in Fig 4 and Col 4; Lines 30-40 and Col 18, Line 60 to Col 19 Line 20 and claim 22 discuss a single device for transmitting and receiving signals];
Hanzhe Li teaches calculating the plant density of the vegetation is based on one of a quantity of the plurality of echo signals received during the time window and a strength of the plurality of echo signals received during the time window, wherein the plant density is an amount of plant material between a lateral width of the vegetation, [Title, Abstract has ultrasonics for plant density calculations; Page 2-3 and Fig 1 has ultrasonic wave and returning energy of wave being found based on length/time/duration and voltage/amplitude/power]
and calculating the plant spread of the vegetation is based on a first echo signal of the plurality of echo signals received during the time window and a last echo signal of the plurality of echo signals received during the time window[Abstract, Conclusion, Fig 1, 2, 4, 5 has density calculation and detecting distances between layers as well as models with layers based on signals meaning plant spread]
Booher teaches and generating a map of the vegetation based on at least one of the plant spread or the plant density using GPS (global positioning system) data [0074 has mapping and display of map based on sensor and GPS data]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the transducer in Homburg with the single sensor in Strelioff and the echo energy calculations of Hanzhe Li and the map display of Booher in order to transmit and receive with only a single device instead of multiple devices and to find the strength of the received signal to determine plant density and display the same on a map.
Regarding claim 23, Homburg discloses a transducer mounted on the agricultural machine, [Abstract, Fig 3, Claim 1 has transducer on a harvester]
the transducer for: transmitting an ultrasonic signal towards vegetation, and receiving within a time window a plurality of echo signals as reflections of the ultrasonic signal[Abstract, Fig 3, Claim 1 has ultrasonic signal at and receiving echos from vegetation; Claim 1 also has particular period meaning time window];
and a tree measurement system for: calculating at least one of a plant density of the vegetation and a plant spread of the vegetation, wherein[Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics. See also Col 3, Lines 10-20 for echo and plant density. See also Col 1 Lines 30-45 and Col 2 Lines 10- 25 for plant density across a lateral width]
calculating the plant density of the vegetation is based on one of a quantity of the plurality of echo signals received during the time window and a strength of the plurality of echo signals received during the time window, wherein the plant density is an amount of plant material between a lateral width of the vegetation [Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics. See also Col 3, Lines 10-20 for echo and plant density. See also Col 1 Lines 30-45 and Col 2 Lines 10-25 for plant density across a lateral width] and
calculating the plant spread of the vegetation is based on a first echo signal of the plurality of echo signals received during the time window and a last echo signal of the plurality of echo signals received during the time window; [Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics including multiple signals. See also Col 3, Lines 10-20 for echo and plant density; Col 4, Lines 50-65 has density not only in straight line but fan area from multiple pulses meaning spread]…
Homburg does not explicitly teach wherein each of the one or more transducers is a single device for sending and receiving signals; [However it would have been obvious to one having ordinary skill in the art at the time the invention was made to have a single device, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard V. Detroit Stove Works, 150 U.S. 164 (1893)] or multiplying a duration of each echo signal and generating a map of the vegetation based on at least one of the plant spread or the plant density using GPS (global positioning stem) data.
Strelioff teaches wherein each of the one or more transducers is a single device for sending and receiving signals[Fig 3 and #105 in Fig 4 and Col 4; Lines 30-40 and Col 18, Line 60 to Col 19 Line 20 and claim 22 discuss a single device for transmitting and receiving signals];
Hanzhe Li teaches calculating the plant density of the vegetation is based on one of a quantity of the plurality of echo signals received during the time window and a strength of the plurality of echo signals received during the time window, wherein the plant density is an amount of plant material between a lateral width of the vegetation, [Title, Abstract has ultrasonics for plant density calculations; Page 2-3 and Fig 1 has ultrasonic wave and returning energy of wave being found based on length/time/duration and voltage/amplitude/power]
and calculating the plant spread of the vegetation is based on a first echo signal of the plurality of echo signals received during the time window and a last echo signal of the plurality of echo signals received during the time window[Abstract, Conclusion, Fig 1, 2, 4, 5 has density calculation and detecting distances between layers as well as models with layers based on signals meaning plant spread]
Booher teaches and generating a map of the vegetation based on at least one of the plant spread or the plant density using GPS (global positioning system) data [0074 has mapping and display of map based on sensor and GPS data]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the transducer in Homburg with the single sensor in Strelioff and the echo energy calculations of Hanzhe Li and the map display of Booher in order to transmit and receive with only a single device instead of multiple devices and to find the strength of the received signal to determine plant density and display the same on a map.
Regarding claim 5 and 15, Homburg as modified, teaches calculating the plant spread of the vegetation based on a first echo signal of the plurality of echo signals and a last echo signal of the plurality of echo signals comprises: calculating a first distance between the one or more transducers and the vegetation based on the first echo signal[Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics including multiple signals. See also Col 3, Lines 10-20 for echo and plant density];
calculating a second distance between the one or more transducers and the vegetation based on the last echo signal[Abstract, Fig 3, Claim 1 has vegetation density calculation based on ultrasonics including multiple signals. See also Col 3, Lines 10-20 for echo and plant density];
and determining the plant spread as a difference between the first distance and the second distance. [Col 3; Lines 30-35 has addition or subtraction of results to find average density ]
Hanzhe Li teaches calculating a first distance between the one or more transducers and the vegetation based on the first echo signal [Fig 1 shows signals being received with first echo]
calculating a second distance between the one or more transducers and the vegetation based on the last echo signal[Fig 1 shows signals being received with second and third echo]
and determining the plant spread as a difference between the first distance and the second distance. [Title, Abstract has ultrasonics for plant density calculations; Page 2-3 and Fig 1 has ultrasonic wave and returning energy of wave being found based on length/time/duration and voltage/amplitude/power Abstract, Conclusion, Fig 1, 2, 4, 5 has density calculation and detecting distances between layers as well as models with layers based on signals meaning plant spread]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the transducer in Homburg with the echo calculations of Hanzhe Li to determine plant spread.
Regarding claims 7, 19 and 25, Homburg does not explicitly teach applying a substance to the vegetation at a variable rate determined in substantially real time based on at least one of the plant spread or the plant density.
Strelioff teaches applying a substance to the vegetation at a variable rate determined in substantially real time based on at least one of the plant spread or the plant density. [Col 20; Lines 1-20 and 50-55 has density as a factor]
Booher teaches applying a substance to the vegetation at a variable rate determined in substantially real time based on at least one of the plant spread or the plant density. [Title, 0003-0009 and 0074 all relate to real time spraying based on plant density ]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the ultrasonic system in Homburg the sprayer using density in Strelioff or Booher in order spray substance based on the density of the plants.
Regarding claims 8 and 20, Homburg, as modified, teaches detecting particular echo signals of the plurality of echo signals associated with one or more non -vegetation structures based on at least one of 1) a distance determined based on the particular echo signals[ 2, Lines 55-65 has noise from zone of measurement]
or 2) a strength of the particular echo signals[Col 1, Lines 55-65 and Col 2, Lines 55-65 has noise being monitored];
and removing the particular echo signals from the plurality of echo signals. [Claim 2 and Col 5, Lines 55-65 has removal of noise]
Strelioff also teaches detecting particular echo signals of the plurality of echo signals associated with one or more non-vegetation structures based on at least one of 1) a distance determined based on the particular echo signals[ Claim 6, 12, 15, 22 has detection of the ground namely non-vegetation structure based on ultrasonic detection]
or 2) a strength of the particular echo signals[Claim 6, 12, 15,22 has detection of the ground namely non-vegetation structure based on ultrasonic detection];
and removing the particular echo signals from the plurality of echo signals. [Claim 2, 6, 15 has subtraction of ground from crops]
Regarding claims 9 and 21, Homburg does not explicitly teach normalizing the plurality of echo signals based on a distance between the one or more transducers and the vegetation.
Hanzhe Li teaches that normalizing the plurality of echo signals based on a distance between the one or more transducers and the vegetation. [Results and discussion on pages 7-12 has normalizing data based on echo times which indicates distance to object; See also Tables 7-12]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the ultrasonic system in Homburg with the normalizing of signals in Hanzhe Li in order to normalize the data and reduce disruptions.
Regarding claims 10 and 22, Homburg, as modified, teaches wherein the one or more transducers are mounted on an agricultural machine. [Title, Abstract has it mounted on a harvester].
Response to Arguments
Applicant's arguments filed 03/09/2026 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant is reading the prior art overly narrowly. The prior art clearly has echoes and strength of echoes being detected and density of the foliage being calculated. Applicant's amendment is effectively a restatement or explanation of how density of foliage is calculated based on echoes. An ultrasonic sensor by its very working detects transmitted and reflected ultrasonic sound meaning echoes. Any detected echo inherently has an amplitude. The prior art of Homburg and Li both have detection of amplitude and echoes and calculation of plant density from the same. Applicant merely cites sections of their specification and asserts it as being different from the prior art. Moreover Li clearly has calculation of density from echoes in a time window. Whether it is a single or multiple echoes results in the prior art still reading on the claim limitation..
Applicant's remaining arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Rejections are maintained – and no allowable subject matter can be identified at this time.
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.
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/VIKAS ATMAKURI/Examiner, Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645
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