DETAILED ACTION
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 USC 102 and 103 (or as subject to pre-AIA 35 USC 102 and 103) is incorrect, any correction of the statutory basis 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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-6, 8-9, and 12-15, and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2019/0110270 A1) in view of McClure (US 2012/0127032 A1), Park (WO 2019117401 A1), and Kishimoto ‘446 (US 2021/0318446 A1).
In regard to claim 1, Chen discloses a base station (104, Fig. 1) for a real-time kinematic (RTK) positioning system (Fig. 1) with one or more rover units (102, Fig. 1; ¶19), the base station comprising:
a global navigation satellite system (GNSS) receiver (¶17-18),
a transmission device for transmitting RTK correction data to the one or more rover units, wherein the transmission device is configured to transmit the correction data to the one or more rover units via a wired connection (610, Fig. 6; ¶17; ¶19; ¶42; ¶119-120);
a wireless LAN (WLAN) module (610, Fig. 6; ¶17; ¶42; ¶119-120) [where a WLAN (WI-FI) module and another transmission device (e.g. wire-based) may be used in combination (¶120)],
and at least one control unit (¶39).
wherein the at least one control unit is adapted to operate the base station in a rover mode comprising receiving the RTK correction data (¶17; ¶19), and
wherein the at least one control unit is adapted to determine a first optimized position of the base station (¶17) [where the PPP corrected base station position is an optimized position of the base station].
Chen fails to disclose the correction data is from a Networked Transport of RTCM via Internet Protocol (NTRIP) server and determining between 500 and 1000 rover mode positions of the base station based on the received NTRIP RTK correction data; and where the first optimized position of the base station is by averaging the between 500 and 1000 rover mode positions.
McClure teaches [that it is common practice to determine the position of a base station transmitting corrections by] determining two or more rover mode positions of a base station and determining an optimized position of the base station is by averaging the two or more rover mode positions (¶7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to implement determining the absolute location of the base station disclosed by Chen.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the absolute location of the base station is determined using a known method.
Park teaches an RTK-PPP system (p. 2, ¶4) and that PPP systems generally provide correction data from a Networked Transport of RTCM via Internet Protocol (NTRIP) server (p. 3, ¶1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to implement the PPP corrections of the base station disclosed by Chen.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the PPP corrections are transmitted to the base station using a known method.
Kishimoto ‘446 teaches two or more averaged rover mode positions is between 500 and 1000 rover mode positions (¶70; ¶74; ¶87; ¶90) [where averaging over 10-15 minutes with one position per second gives 600-900 rover modes positions, where the Office takes Official Notice that one of ordinary skill in the art would have found it well known before the effective filing date of the invention that it is common deter determine a GNSS position at a rate of one position per second (e.g. Hatch (US 2005/0248485 A1), ¶8].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to implement the averaging of McClure, since McClure does not specify the rate of determining the GNSS positions that are being averaged.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the averaging of McClure is implemented.
In regard to claim 3, Chen further discloses the transmission device is wireless (¶119-120). The Office takes Official Notice that one of ordinary skill in the art would have found it well known before the effective filing date of the invention for a wireless [WLAN/WI-FI] transmission device to comprises a radio modem including a radio antenna.
In regard to claim 4, the Office takes Official Notice that one of ordinary skill in the art would have found it well known before the effective filing date of the invention for a device that receives signals, performs positioning calculations, and transmits signals to be powered by at least one energy source.
In regard to claim 5, Chen further discloses a wireless LAN (WLAN) module (610, Fig. 6; ¶17; ¶42; ¶120). The Office takes Official Notice that one of ordinary skill in the art would have found it well known before the effective filing date of the invention for a WI-FI/WLAN module of a base station providing corrections to the rovers to be a Wireless Access Point comprising a router.
In regard to claim 6, Chen further discloses a real-time kinematic (RTK) positioning system (Fig. 1) with a base station (104, Fig. 1) and one or more rover units (102, Fig. 1).
In regard to claim 8, Chen discloses a method for calibrating a base station (104, Fig. 1) for use in a real-time kinematic (RTK) positioning system (Fig. 1) with one or more rover units (102, Fig. 1; ¶19), the method comprising
providing a base station with a global navigation satellite system (GNSS) receiver (¶17-18), a transmission device and a wireless LAN (WLAN) module, wherein the transmission device is configured to transmit RTK correction data to the one or more rover units via a wired connection (610, Fig. 6; ¶17; ¶19; ¶42; ¶119-120) [where a WLAN (WI-FI) module and another transmission device (e.g. wire-based) may be used in combination (¶120)],
operating the base station in a rover mode comprising receiving RTK correction data (¶17; ¶19), and
determining a first optimized position of the base station (¶17) [where the PPP corrected base station position is an optimized position of the base station].
Chen fails to disclose the RTK correction data is from a Networked Transport of RTCM via Internet Protocol (NTRIP) server and determining between 500 and 1000 rover mode positions of the base station based on the received NTRIP correction data; and where the first optimized position of the base station is by averaging the between 500 and 1000 rover mode positions.
McClure teaches [that it is common practice to determine the position of a base station transmitting corrections by] determining two or more rover mode positions of a base station and determining an optimized position of the base station is by averaging the two or more rover mode positions (¶7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to implement determining the absolute location of the base station disclosed by Chen.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the absolute location of the base station is determined using a known method.
Park teaches an RTK-PPP system (p. 2, ¶4) and that PPP systems generally provide correction data from a Networked Transport of RTCM via Internet Protocol (NTRIP) server (p. 3, ¶1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to implement the PPP corrections of the base station disclosed by Chen.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the PPP corrections are transmitted to the base station using a known method.
Kishimoto ‘446 teaches two or more averaged rover mode positions is between 500 and 1000 rover mode positions (¶70; ¶74; ¶87; ¶90) [where averaging over 10-15 minutes with one position per second gives 600-900 rover modes positions, where the Office takes Official Notice that one of ordinary skill in the art would have found it well known before the effective filing date of the invention that it is common deter determine a GNSS position at a rate of one position per second (e.g. Hatch (US 2005/0248485 A1), ¶8].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to implement the averaging of McClure, since McClure does not specify the rate of determining the GNSS positions that are being averaged. Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the averaging of McClure is implemented.
In regard to claim 9, Chen further discloses the base station is stationary during operation in the rover mode (¶67, final sentence) [where the base station determines its position while it is stationary].
In regard to claims 12 and 14-15, Chen discloses a method for operating a real-time kinematic (RTK) positioning system (Fig. 1) with a base station (104, Fig. 1) and one or more rover units (102, Fig. 1; ¶19) [including the use of program commands stored in a computer program product (¶108-11; ¶115-117)], the method comprising
calibrating the base station (¶17); and
operating the base station in a stationary mode using the optimized position (¶67),
wherein the step of calibrating the base station comprises:
providing a base station with a global navigation satellite system (GNSS) receiver (¶17-18), a transmission device and a wireless LAN (WLAN) module (610, Fig. 6; ¶17; ¶42; ¶119-120) [where a WLAN (WI-FI) module and another transmission device (e.g. cellular) may be used in combination (¶120)],
operating the base station in a rover mode comprising receiving correction data (¶17), and
determining the optimized position of the base station (¶17) [where the PPP corrected base station position is the optimized position of the base station].
Chen fails to disclose the correction data is from a Networked Transport of RTCM via Internet Protocol (NTRIP) server and determining two or more rover mode positions of the base station based on the received NTRIP correction data; and where the optimized position of the base station is by averaging the two or more rover mode positions.
McClure teaches [that it is common practice to determine the position of a base station transmitting corrections by] determining two or more rover mode positions of a base station and determining an optimized position of the base station is by averaging the two or more rover mode positions (¶7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to implement determining the absolute location of the base station disclosed by Chen.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the absolute location of the base station is determined using a known method.
Park teaches that PPP systems generally provide correction data from a Networked Transport of RTCM via Internet Protocol (NTRIP) server (p. 3, ¶1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to implement the PPP corrections of the base station disclosed by Chen.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that the PPP corrections are transmitted to the base station using a known method.
In regard to claim 13, Chen further discloses transmitting correction data to the one or more rover units via the transmission device (610, Fig. 6; ¶17; ¶42; ¶119-120).
McClure further teaches transmitting correction data in a standardized correction data format according to the Radio Technical Commission for Maritime Services (RTCM) (¶5). Park also further teaches transmitting correction data in a standardized correction data format according to the Radio Technical Commission for Maritime Services (RTCM) (p. 3, ¶1).
In regard to claim 21, Chen further discloses the base station receives the RTK correction data from the NTRIP server via the WLAN module (¶42).
In regard to claim 22, Chen further discloses the at least one control unit is adapted to determine the first optimized position of the base station with an absolute accuracy of about 1.27 to 3 centimeters (cm) (¶21).
In regard to claim 23, Chen further discloses responsive to determining the first optimized position of the base station, the at least one control unit is adapted to switch from the rover mode to a stationary mode in which the at least one control unit transmits the RTK correction data to the one or more rover units (¶17; ¶19-20).
Claim(s) 2 and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen, McClure, Park, and Kishimoto '446, as applied to claims 1 and 8, and further in view of Vollath (US 2011/0285587 A1).
In regard to claims 2 and 11, the combination fails to explicitly disclose configuring the base station with regard to the length of a period for operation in the rover mode and/or with regard to a number of rover mode positions to be averaged.
Vollath teaches configuring a device with regard to the length of a period for operation in the rover mode and with regard to a number of rover mode positions to be averaged [in order to achieve a desired position accuracy] (¶62) [where the number of epochs multiplied by the length of an epoch gives the length of the period].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to achieve a desired position accuracy.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that a desired position accuracy is achieved.
In regard to claim 10, Chen further discloses the base station is operated in the rover mode for a predetermined period of time (¶67, final sentence).
Vollath further teaches the predetermined period of time being less than 15 minutes (¶62) [where six epochs at 1 Hz or more results in a period less than 15 minutes].
Claim(s) 7 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen, McClure, Park, and Kishimoto '446, as applied to claim 1, above, and further in view of Perez-Ruiz (GNSS in Precision Agricultural Operations).
In regard to claim 7, the combination further discloses a method of using a base station according to claim 1 in a real-time kinematic (RTK) positioning system to transmit from the base station of claim 1 (see the rejection of claim 1, above) to a rover receiving positioning data from the base station of claim 1 (see the rejection of claim 1, above).
McClure further teaches the system is for [use in agricultural operations, including] placing planting material in a first location (¶12).
Perez-Ruiz teaches [more details of using RTK in agricultural operations, including]:
placing planting material in a first location based on the positioning data, wherein:
the first location comprises one or more of a georeferenced field management unit,
an environment without positionally known waypoints,
an application area where high accuracy of position data is necessary (p. 12, lines 1-4; p. 19, ¶1), or
a combination thereof.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include this feature into the combination with a reasonable expectation of success in order to implement the details of applying the combination to the application of agricultural operations, as motivated by McClure, ¶12.
Additionally, this is a combining of prior art elements according to known methods to yield predictable results, the predictable result being that a method of applying the combination to agricultural operations is implemented.
In regard to claim 17, Perez-Ruiz further teaches the application area comprises one or more of a breeding application area, a seed variety development application area, a seed research application area (p. 19, ¶1) [where research by UC Davis is occurring], or a combination thereof.
In regard to claim 18, Chen further teaches connecting the base station to the one or more rover units via the wired connection, wherein the one or more rover units are mounted on a machine, wherein the positioning data is received via the wired connection (¶119-120).
McClure further teaches the machine is an agricultural machine (¶12).
The following reference(s) is/are also found relevant:
Networked Transport of RTCM via Internet Protocol (Ntrip), Version 1.0, which teaches that corrections can be streamed from a single reference station rather than from networked reference stations (p. 6-2, final entry at the bottom of the table).
Lorenz (US 2013/0149974 A1), which teaches communicating via WLAN using a wireless modem (¶57).
Kishimoto ‘629 (US 2021/0341629 A1), which teaches a base station with a rover mode averaging positions to optimize the position and transmitting using NTRIP (abstract; ¶4; ¶50; ¶52).
Applicant is encouraged to consider these documents in formulating their response (if one is required) to this Office Action, in order to expedite prosecution of this application.
Response to Arguments
Applicant’s arguments on p. 8, with respect to the 35 USC 112 rejection(s), have been fully considered and are persuasive. The rejection(s) have been withdrawn.
Applicant’s arguments on p. 8-12, with respect to the prior art rejection(s) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kishimoto '446, previously cited as also relevant.
Since applicant has not traversed the Official Notice taken by the Office, the well-known in the art statements outlined in the Official Notice are taken to be admitted prior art. See MPEP 2144.03(C), ¶2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fred H. Mull whose telephone number is 571-272-6975. The examiner can normally be reached on Monday through Friday from approximately 9-5:30 Eastern Time.
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Fred H. Mull
Examiner
Art Unit 3648
/F. H. M./
Examiner, Art Unit 3648
/BERNARR E GREGORY/Primary Examiner, Art Unit 3648
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