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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Europe (EP) on 11/13/2020, and 05/19/2021.
Status of Application
Claims 1-8, 11-13, 15, 17-21, 23, and 26-27, are pending.
Claim 1 is amended.
No claims are withdrawn from consideration.
Claims 9-10, 14, 16, 22, and 24-25, are cancelled.
Claims 26-27, are added.
Claim 1 is independent claim.
Claims 1-8, 11-13, 15, 17-21, 23, and 26-27, will be examined.
This Final Office Action is in response to the “ Arguments/Remarks” and “Claims” dated 05/26/2026.
Response to Arguments
Applicant’s Remarks/Arguments and amended claims, filed 05/26/2026, with respect to claims 1-8, 11-13, 15, 17-21, 23, and 26-27, have been fully considered and are persuasive. Therefore, the rejection of claims 1-8, 11-13, 15, 17-21, and 23, under 35 U.S.C. § 103 is withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art reference(s) MARTIN et al., WO 2019237200, and previously disclosed prior art reference(s) KHAIT, HYDE, PETERS and AL-DILAIMI. The grounds for rejection in view of amended claims are provided below.
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 1-8, 11-13, 15, 17-21, 23, and 26-27, 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 pre-AIA the applicant regards as the invention.
Claim 1 discloses the term “a portable device,” in line 27, which is indefinite for failing to point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention because the metes and bounds have not been established. Is the “portable device,” in line 27, the same “portable device” disclosed in amended line 12?
For the purpose of examination in this Office Action, the claim 1, line 27, has been interpreted as best understood by the Examiner as “the portable device”.
The dependent claims 2-8, 11-13, 15, 17-21, 23, and 26-27, are rejected under 35 U.S.C. 112(b) or 35 U.S.C 112 (pre-AIA ), second paragraph, as failing to resolve the deficiencies of the independent claim 1.
Claim Rejections - 35 USC § 103
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, 10-13, 15, 17, 18-19, 21, 23, and 26-27, are rejected under 35 U.S.C. 103 as being unpatentable over KHAIT et al., US 20230039763, herein further known as Khait, in view of HYDE et al., US 9510586, herein further known as Hyde, further in view of MARTIN et al., WO 2019237200, herein further known as Martin. further in view of PETERS et al., US 20190174739, herein further known as Peters.
Regarding claim 1, Khait discloses a computer-implemented method (¶ [0142]) for determining at least one treatment parameter selected from the group consisting of: a) at least one time window for a treatment parameter (¶¶ [0064], [0083], [0098-0100], selective treatment in real time) in an agricultural field (¶¶ [0104-0105], [0119], see also FIG. 14), b) at least one method for a treatment parameter (¶¶ [0039-0041], [0108], [0168-0170], spot spraying), in an agricultural field (¶¶ [0104-0105], [0119], see also FIG. 14), c) at least one product for a treatment parameter (¶ [0320], applying agricultural product or treatment) in an agricultural field (¶¶ [0104-0105], [0119], see also FIG. 14), d) at least one dose rate for a treatment parameter (¶ [0320], variable rate application) in an agricultural field (¶¶ [0104-0105], [0119], see also FIG. 14), and e) at least one application map for conducting a zone-specific treatment (¶¶ [0028-0032], regulatory region) in an agricultural field (¶¶ [0104-0105], [0119], see also FIG. 14), the method comprising: initiating taking at least one sample (¶¶ [0010], [0416]) of at least one organism which existed or is existing or is expected to exist (¶¶ [0100], [0287]), in the agricultural field (¶¶ [0104-0105], [0119], see also FIG. 14), conducting genetic analysis using the at least one sample of the at least one organism (¶¶ [0010], [0175], [0218-0220]), obtaining therefrom genetic information of the at least one organism (¶¶ [0068-0069], [0085], [0098-0099], [0171] reporter genes, [0162], plant genes, [0216-0218], [0287-0290]), wherein the genetic analysis is based on at least one of the technologies selected from the group consisting of nanopore technology, microarray technology, graphene biosensor technology, polymerase chain reaction (PCR) technology, fast PCR technology, and other DNA/RNA amplification technologies (¶¶ [0029], [0206], [0225]): receiving the genetic information (¶¶ [0022-0024], phenotype, [0127], genetic background) (¶¶ [0068-0069], [0085], [0098-0099], [0171] reporter genes, [0162], plant genes, [0216-0218], [0287-0290]) of the at least one organism which existed or is existing or is expected to exist (¶ [0198]) (¶¶ [0100], [0287], bio-sensing) in the agricultural field (¶¶ [0104-0105], [0119], see also FIG. 14); at least based on the genetic information of the at least one organism (¶¶ [0068-0069], [0085], [0098-0099], [0171] reporter genes, [0162], plant genes, [0216-0218], [0287-0290]), initiating and/or performing data processing (¶ [0101]) in at least one database and/or database system (¶ [0261]) containing (i) genetic information data (¶¶ [0261], [0287]), and (ii) data related to the at least one treatment parameter (¶ [0287]); and(¶ [0287], execute treatment), and harmful fungal organisms (¶¶ [0040], [0212], [0295], crop protection treatments, controlling fungus (i.e. harmful fungal organisms).
However, Khait does not explicitly state genetic analysis using the at least one sample, wherein the genetic analysis of the at least one organism is conducted using a portable device operated in the agricultural field, and wherein the at least one organism is selected from harmful fungal organisms.
Hyde teaches genetic analysis using the at least one sample (column 13, line 65- column 14, line 20, genetic marker… results of analysis on a sample, column 16, lines 55-65).
It would have been obvious to person of ordinary skill in the art before the effective filing date of the invention to incorporate in to Khait the genetic analysis using the at least one sample as taught by Hyde. Furthermore, a person having ordinary skill in the art would have a reasonable expectation of success in combining the teachings of Khait, and Hyde.
One would be motivated to modify Khait in view of Hyde for the reasons stated in Hyde column 2, lines 20-25, a more robust system and method detecting and identifying plants of a particular type growing within a field or other predetermined region which may need to be prevented from spreading beyond the field or other predetermined region, or from intermixing with or contaminating plants outside of the field or predetermined region.
Furthermore, Hyde teaches genetic analysis based on polymerase chain reaction (PCR) technology (column 16, line 40 through column 17, line 27, gene pattern… detected by appropriate biological or biochemical analysis (e.g., polymerase chain reaction).
It would have been obvious to person of ordinary skill in the art before the effective filing date of the invention to incorporate in to Khait the genetic analysis based on polymerase chain reaction (PCR) technology as taught by Hyde. Furthermore, a person having ordinary skill in the art would have a reasonable expectation of success in combining the teachings of Khait, and Hyde.
One would be motivated to modify Khait in view of Hyde for the reasons stated in Hyde column 2, lines 20-25, a more robust system and method detecting and identifying plants of a particular type growing within a field or other predetermined region which may need to be prevented from spreading beyond the field or other predetermined region, or from intermixing with or contaminating plants outside of the field or predetermined region.
Furthermore, Martin teaches genetic analysis (¶ [0084]) using the at least one sample (¶ [00287], plant sample), wherein the genetic analysis of the at least one organism (¶ [00320], multi-sensor analytics and diagnostics) is conducted using a portable device operated in the agricultural field (¶¶ [00215], [00221] sensor devices are configured to be portable, [00302], [00315], [00317], grower sensor devices 110 may be portable, see also FIGS. 1-2, [00391], in a respective field).
It would have been obvious to person of ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to incorporate in to Khait the genetic analysis using the at least one sample is conducted using a portable device operated in the agricultural field as taught by Martin.
One would be motivated to modify Khait in view of Martin for the reasons stated in Martin paragraph [0027], more robust methods and systems of data analytics which provide an integrated growth solution that seeks to increase yield or productivity by generating a continuous feedback loop during the plant growth cycle. The growing system of the present disclosure may increase the yield quality and/or quantity of plant material produced may be increased by controlling the growing conditions
Furthermore, Peters teaches at least one organism is selected (¶ [0011], identify and/or quantify the fungus) from harmful fungal organisms (¶¶ [0011], [0062], [0105]).
It would have been obvious to person of ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to incorporate in to Khait the at least one organism is selected from harmful fungal organisms as taught by Peters.
One would be motivated to modify Khait in view of Peters for the reasons stated in Peters paragraph [0001-0004], more robust methods and systems to control of harmful organisms with predictive models on the risk of a pest or disease infestation using systems which are rule-based or heuristic in combination with process-based calculations to establish treatment recommendations on the time of treatment and plant protection agents which are field-specific, but not subarea specific.
Furthermore, Khait discloses further genetic analysis (¶¶ [0204], [0225], [0231]) of the at least one organism (¶¶ [0261], [0287]).
Regarding claim 2, the combination of Khait, Hyde, Martin, and Peters, disclose all elements of claim 1 above.
Khait discloses further receiving genetic information (¶¶ [0022-0024], phenotype, [0127], genetic background) (¶¶ [0068-0069], [0085], [0098-0099], [0171] reporter genes, [0162], plant genes, [0216-0218], [0287-0290]) of at least one organism (¶ [0198]) which existed or is existing or is expected to exist in the agricultural field (¶¶ [0100], [0287], bio-sensing) (¶¶ [0104-0105], [0119], see also FIG. 14) includes: (A) agricultural crop data comprising (aa) information about an agricultural crop species grown, sown, planned to be grown, or planned to be sown in the agricultural field (¶ [0042]) (¶¶ [0104-0105]), and/or (bb) information about a growth stage of such agricultural crop (¶ [0036]) (¶¶ [0104-0105]), or (B) weather and/or geographical data relating to a location of the agricultural field (¶ [0320]) (¶¶ [0104-0105]), or (C) historic treatment data relating to treatments conducted in the agricultural field historically (¶ [0074], monitored (requires past observation) and treated (past tense), (¶ [0197], predetermined plant treatment (requires previous plant data to determine treatment), at least based on the genetic information of the at least one organism (¶¶ [0068-0069], [0085], [0098-0099], [0171] reporter genes, [0162], plant genes, [0216-0218], [0287-0290]) and based on the agricultural crop data or the weather and/or geographical data or the historic treatment data ¶ [0042]) (¶ [0036]), initiating and/or performing data processing (¶ [0101]) in at least one database and/or database system (¶ [0261]) containing: (i) genetic information data (¶¶ [0261], [0287]), (ii) data related to the at least one treatment parameter (¶ [0287]), and (iii) data related to agricultural crop data, or data related to weather and/or geographical data, or data related to historic treatment data (¶ [0042]) (¶ [0036]) (¶ [0320]) (¶ [0074]) (¶ [0197]); and outputting the at least one treatment parameter based on the result of the data processing (¶ [0287], execute treatment, ¶ [0101]).
Regarding claim 3, all limitations have been examined with respect to the method in claims 1 and 2. The method/steps taught/disclosed in claim 3 can clearly perform the same as the method of claims 1 and 2. Therefore, claim 3 is rejected under the same rationale as claims 1 and 2 above.
Regarding claim 4, all limitations have been examined with respect to the method in claims 1 and 2. The method/steps taught/disclosed in claim 4 can clearly perform the same as the method of claims 1 and 2. Therefore, claim 4 is rejected under the same rationale as claims 1 and 2 above.
Regarding claim 5, all limitations have been examined with respect to the method in claims 1 and 2. The method/steps taught/disclosed in claim 5 can clearly perform the same as the method of claims 1 and 2. Therefore, claim 5 is rejected under the same rationale as claims 1 and 2 above.
Regarding claim 6, all limitations have been examined with respect to the method in claims 1 and 2. The method/steps taught/disclosed in claim 6 can clearly perform the same as the method of claims 1 and 2. Therefore, claim 6 is rejected under the same rationale as claims 1 and 2 above.
Regarding claim 7, the combination of Khait, Hyde, Martin, and Peters, disclose all elements of claim 1 above.
Khait discloses further treatment parameter (¶¶ [0064], [0083], [0098-0100]), (¶¶ [0039-0041], [0108], [0168-0170]), (¶ [0320], applying agricultural product or treatment), (¶ [0320], variable rate application) is to be outputted as a control signal (¶ [0064]) for an agricultural equipment (¶ [0112], see also FIG. 7A-D).
Regarding claim 8, the combination of Khait, Hyde, Martin, and Peters, disclose all elements of claim 1 above.
Khait discloses further taking at least one sample (¶¶ [0010], [0416]) of the at least one organism which existed or is existing or is expected to exist (¶¶ [0100], [0287]) in the agricultural field (¶¶ [0104-0105]), conducting analysis (¶ [0258]) of the at least one organism, and obtaining therefrom the genetic information of the at least one organism (¶¶ [0100], [0287]).
However, Khait does not explicitly state genetic analysis using the at least one sample
Hyde teaches genetic analysis using the at least one sample (column 13, line 65- column 14, line 20, genetic markers… results of analysis on a sample, AND column 16, lines 55-65).
It would have been obvious to person of ordinary skill in the art before the effective filing date of the invention to incorporate in to Khait the genetic analysis using the at least one sample as taught by Hyde. Furthermore, a person having ordinary skill in the art would have a reasonable expectation of success in combining the teachings of Khait, and Hyde.
One would be motivated to modify Khait in view of Hyde for the reasons stated in Hyde column 2, lines 20-25, a more robust system and method detecting and identifying plants of a particular type growing within a field or other predetermined region which may need to be prevented from spreading beyond the field or other predetermined region, or from intermixing with or contaminating plants outside of the field or predetermined region.
Regarding claim 11, the combination of Khait, Hyde, Martin, and Peters, disclose all elements of claim 8 above.
Khait discloses further wherein the method is carried out in a real-time mode (¶¶ [0083-0091]).
Regarding claim 12, the combination of Khait, Hyde, Martin, and Peters, disclose all elements of claim 8 above.
Khait discloses further wherein the method is carried out in less than two minutes (¶¶ [0083-0091] wherein real time is less than two minutes).
Furthermore, Khait discloses the claimed invention except for “less than two minutes”. It would have been an obvious matter of design choice to carry out the steps in less than two minutes, since applicant has not disclosed that carrying out the steps in less than two minutes solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well carrying out the steps real-time mode.
Regarding claim 13, all limitations have been examined with respect to the method in claims 7 and 12. The method/steps taught/disclosed in claim 13 can clearly perform the same as the method of claims 7 and 12. Therefore, claim 13 is rejected under the same rationale as claims 7 and 12 above.
Regarding claim 15, the combination of Khait, Hyde, Martin, and Peters, disclose all elements of claim 1 above.
Khait discloses further a harmful organism selected from the group consisting of: weeds (¶ [0030], undesirable plants), fungi, viruses, viroids, bacteria, insects, arachnids, nematodes, mollusks, birds, and rodents (¶ [0040], controlling fungus, bacteria, virus, nematode, insects, parasitic plants and weeds, [0082], treatment of a pathogen); or a beneficial organism selected from the group consisting of: beneficial plants, fungi, viruses, viroids, bacteria, insects (¶ [0030], transformation by microorganisms or insects), arachnids, nematodes, mollusks, birds, rodents, and protozoa.
Regarding claim 17, the combination of Khait, Hyde, Martin, and Peters, disclose all elements of claim 1 above.
Khait discloses further at least one organism is an agricultural crop species grown, sown, planned to be grown, or planned to be sown (¶¶ [0128-0130], [0240]) in the agricultural field (¶¶ [0104-0105]).
Regarding claim 18, all limitations have been examined with respect to the method in claims 1-11. The method/steps taught/disclosed in claim 18 can clearly perform the same as the method of claims 1-11. Therefore, claim 18 is rejected under the same rationale as claims 1-11 above.
Regarding claim 19, the combination of Khait, Hyde, Martin, and Peters, disclose all elements of claim 1 above.
Khait discloses further genetic information data contains organism response data and wherein the data processing (¶ [0101]) includes the determination of a type of response of the at least one organism based on the organism response data (¶¶ [0180], [0218]).
Regarding claim 21, all limitations have been examined with respect to the method in claim 1. The data processing system comprising one or more processors taught/disclosed in claim 21 can clearly perform the method of claim 1. Therefore, claim 21 is rejected under the same rationale as claim 1 above.
Regarding claim 23, all limitations have been examined with respect to the method in claim 1. The non-transitory computer-readable storage medium comprising instructions which, when executed by a computer taught/disclosed in claim 23 can clearly perform the method of claim 1. Therefore, claim 23 is rejected under the same rationale as claim 1 above.
Regarding claim 26, the combination of Khait, Hyde, Martin, and Peters, disclose all elements of claim 1 above.
Khait discloses further genetic information data contains organism response data (¶ [0101]) (¶¶ [0180], [0218]).
Regarding claim 27, the combination of Khait, Hyde, Martin, and Peters, disclose all elements of claim 1 above.
Khait discloses further the data processing (¶ [0101]) includes the determination of a type of response of the at least one organism based on the organism response data (¶¶ [0180], [0218]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Khait, Hyde, Martin, and Peters, in view of AL-DILAIMI et al., US 20210035473, herein further known as Al-Dilaimi.
Regarding claim 20, the combination of Khait, Hyde, Martin, and Peters, disclose all elements of claim 1 above.
Khait discloses genetic information data contains organism response data (¶¶ [0180], [0218]) wherein the data processing (¶ [0101]) includes the determination of the type of response of the at least one organism based on the organism response data (¶¶ [0180], [0218]).
However, Khait does not explicitly state the type of the response of the at least one organism is: (1) target-site resistance of the at least one organism to the treatment with specific treatment parameters genetic information data contains organism response data and wherein the data processing includes the determination of a type of response of the at least one organism based on the organism response data, and wherein the type of the response of the at least one organism is: (2) non-target-site resistance of the at least one organism to the treatment with specific treatment parameters, preferably methods or products, or (3) response of the at least one organism to the treatment with specific treatment parameters: a) organism nutrition deficiencies, for example plant nutrition deficiencies, b) heat stress, for example temperature conditions higher than 30°C, c) cold stress, for example temperature conditions lower than l0°C, d) drought stress, e) water stress, for example existence of excessive water, e.g. after heavy rains or floods, f) exposure to excessive sun light, for example exposure to sun light causing signs of scorch, sun burn or similar signs of irradiation, g) acidic or alkaline pH conditions in the soil with pH values lower than pH 5 and/or pH values higher than 9, h) salt stress, for example soil salinity, i) pollution with chemicals, for example with heavy metals, and/or j) destructive weather conditions, for example hail, frost, damaging wind.
Al-Dilaimi teaches the type of the response of the at least one organism is: (1) target-site resistance (¶ [0051]) of the at least one organism to the treatment with specific treatment parameters genetic information data contains organism response data and wherein the data processing includes the determination of the type of response of the at least one organism based on the organism response data, and wherein the type of the response of the at least one organism is: (2) non-target-site resistance (¶ [0051]) of the at least one organism to the treatment with specific treatment parameters, preferably methods or products, or (3) response of the at least one organism to the treatment with specific treatment parameters: a) organism nutrition deficiencies (¶ [0067], administration of nutrients), for example plant nutrition deficiencies, b) heat stress (¶ [0067], minimum and/or maximum temperatures), for example temperature conditions higher than 30°C, c) cold stress (¶ [0067], minimum and/or maximum temperatures), for example temperature conditions lower than l 0°C, d) drought stress, e) water stress, for example existence of excessive water, e.g. after heavy rains or floods, (¶ [0067], digital resistance maps, water level) f) exposure to excessive sun light, for example exposure to sun light causing signs of scorch, sun burn or similar signs of irradiation, g) acidic or alkaline pH conditions in soil with pH values lower than pH 5 and/or pH values higher than 9, h) salt stress, for example soil salinity, i) pollution with chemicals, for example with heavy metals, and/or j) destructive weather conditions, for example hail, frost, damaging wind (¶ [0067], wind directions and wind forces).
It would have been obvious to person of ordinary skill in the art before the effective filing date of the invention to incorporate in to Khait the type of the response of the at least one organism is: (1) target-site resistance of the at least one organism to the treatment with specific treatment parameters genetic information data contains organism response data and wherein the data processing includes the determination of the type of response of the at least one organism based on the organism response data, and wherein the type of the response of the at least one organism is: (2) non-target-site resistance of the at least one organism to the treatment with specific treatment parameters, preferably methods or products, or (3) response of the at least one organism to the treatment with specific treatment parameters: a) organism nutrition deficiencies, for example plant nutrition deficiencies, b) heat stress, for example temperature conditions higher than 30°C, c) cold stress, for example temperature conditions lower than l0°C, d) drought stress, e) water stress, for example existence of excessive water, e.g. after heavy rains or floods, f) exposure to excessive sun light, for example exposure to sun light causing signs of scorch, sun burn or similar signs of irradiation, g) acidic or alkaline pH conditions in the soil with pH values lower than pH 5 and/or pH values higher than 9, h) salt stress, for example soil salinity, i) pollution with chemicals, for example with heavy metals, and/or j) destructive weather conditions, for example hail, frost, damaging wind. as taught by Al-Dilaimi. Furthermore, a person having ordinary skill in the art would have a reasonable expectation of success in combining the teachings of Khait, and Al-Dilaimi.
One would be motivated to modify Khait in view of Al-Dilaimi for the reasons stated in Al-Dilaimi paragraph [0006], a more robust method to reduce regulatory and logistical barriers from preventing prompt identification of resistances and resistance mechanisms and control resistances to prevent the spread of resistant harmful organisms, and be able to recognize them at an early stage and monitor their spread.
Conclusion
THIS ACTION IS MADE FINAL. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Terry Buse whose telephone number is (313)446-6647. The examiner can normally be reached Monday - Friday 8-5 PM EST.
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/TERRY C BUSE/ Examiner, Art Unit 3666
/SCOTT A BROWNE/ Supervisory Patent Examiner, Art Unit 3666