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 .
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.
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 9 is 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 9 recites the limitation "impact factor" in line 2. There is insufficient antecedent basis for this limitation in the 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) 1-5, 7, 10, 16 and 18-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Basso (2024/0020774).
Regarding claim 1, Basso discloses a system capable of assessing runoff conditions including a processor (810) and a database (830) wherein the processor implements instructions to the system, the system comprising:
A communications portion for providing communication between the processor (810) and a user device
The database includes a computer medium and the instructions (pgph 0072)
Wherein the processor performs processing including:
Inputting first data regarding a first candidate (low level of N Fertilizer) operation to be considered for application to the area
Inputting second data regarding a second candidate operation (high level of N fertilizer) to be considered for application to the area
Inputting third data including a runoff score for the area (pgph 0046)
Determining a selected candidate operation based on the runoff score, the first data and the second data (pgph 0046 – based on runoff score either a high level of N-fertilizer or a low level of N fertilizer is applied)
Regarding claim 2, the selected candidate operation is applying an ingredient (fertilizer) to an area.
Regarding claim 3, the selected candidate operation could be seeding a lawn (pgph 0075 discloses prescribing other plants/grasses to be applied).
Regarding claim 4, Basso discloses impact factors (profitability, yield, fertilizer savings, emission reductions, carbon credits etc. pgph 0077) associate with the first candidate operation, the impact factors elating to the desirability of the first candidate operation.
Regarding claim 5, Basso discloses one of the impact factors could include an application score (pgph 0046 – discloses an “application score” – based on the impact factors, the fertilizer prescription changes – the “application score” is the score associated with a prescribed fertilizer amount).
Regarding claim 7, Basso disclose the CP performing the processing includes interfacing with a user to select the impact factors that are associated with the first candidate operation (pgph 0077).
Regarding claim 10, determining a selected candidate operation includes determining a runoff score for the area based on the third data (pgph 0046).
Regarding claim 16, Basso discloses determining the runoff score including accessing attributes of an area and processing the attributes in a model to determine the runoff score (pgph 0046 – “sustainability index is based on site specific results”).
Regarding claim 18, Basso discloses the attributes could include soil density (pgph 0042) and/or slope (pgph 0051).
Regarding claim 19, Basso disclose that the first candidate operation includes application of at least one ingredient selected from the group consisting of sulfur, nitrogen, nitrogen fertilizer, phosphorus, and phosphorus fertilizer (abstract).
Allowable Subject Matter
Claims 20-24 are allowed.
Claims 6, 8, 11-15, 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Basso (11,216,758) also discloses multiple candidate operations (fertilization, irrigation, etc) for a land management processing system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached at 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671