Prosecution Insights
Last updated: July 17, 2026
Application No. 18/045,561

FARMING USING TOPOGRAPHY SUNLIGHT EXPOSURE DISTRIBUTION ANALYSIS

Non-Final OA §103
Filed
Oct 11, 2022
Examiner
LIN, JESSICA YIFANG
Art Unit
2668
Tech Center
2600 — Communications
Assignee
International Business Machines Corporation
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
72%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
8 granted / 10 resolved
+18.0% vs TC avg
Minimal -8% lift
Without
With
+-8.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
48 currently pending
Career history
50
Total Applications
across all art units

Statute-Specific Performance

§103
83.3%
+43.3% vs TC avg
§102
16.7%
-23.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 10 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/25/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/18/2026 has been entered. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1, 8, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashdown et. al. (United States Patent US 2016/0007426 A1) in view of Maor (European Patent ES 2905856 T3), Surany (United States Patent Application Publication US 2019/0159407 A1) and Atam et. al. (Atam, Ercan et al. “A hybrid green energy-based system with a multi-objective optimization approach for optimal frost prevention in horticulture.” Journal of Cleaner Production (2021): n. pag.). Regarding claim 8, Ashdown et. al. teaches a computer program product for farming using topography sunlight distribution analysis, the computer program product comprising (Ashdown et. al. [0189]): one or more computer-readable storage media and program instructions stored on the one or more computer-readable storage media to perform operations comprising (Ashdown et. al. [0192]-[0193]): identifying topography in a locality, wherein the topography includes horizontal surfaces and vertical surfaces (Ashdown et. al. [0020]-[0021]); identifying sunlight exposure incident to the identified topography (Ashdown et. al. [0026], [0029], Fig. 2, [0098]-[0099]); PNG media_image1.png 775 1218 media_image1.png Greyscale analysing an intensity of identified sunlight exposure and variation over time (Ashdown et. al. Fig.8, 10, [0101]) identifying crop types for growing on the topography based on the analysed intensity of sunlight exposure and variation over time (Ashdown et. al. [0051]-[0054], [0077], [0104], [0113]-[0114], [0123]-[0124] i.e., daylight harvesting, radiative flux from direct/diffuse sunlight, plant selection/growth). PNG media_image2.png 784 1220 media_image2.png Greyscale PNG media_image3.png 1010 902 media_image3.png Greyscale However, Ashdown et. al. fails to disclose scheduling a harvest of the identified crop types determined to be ripened based on the analysed intensity of sunlight exposure, variation of the intensity of sunlight exposure over time, and a predicted cultivation period; and deploying robots to harvest crops based on the scheduled harvest of the identified crop types determined to be ripened, wherein deploying the robots includes staggering the deployment of the robots for adjacent crops with similar ripening dates to avoid collisions between the robots. Maor teaches scheduling a harvest of the identified crop types determined to be ripened based on the analysed intensity of sunlight exposure, variation of the intensity of sunlight exposure over time, and a predicted cultivation period (Maor [0015]-[0016], [0210]-[0214], method of optimal harvesting which depends on sunlight exposure and quality data); and deploying robots to harvest crops based on the scheduled harvest of the identified crop types determined to be ripened, wherein deploying the robots includes staggering the deployment of the robots for adjacent crops with similar ripening dates to avoid collisions between the robots (Maor [0050]-[0055] where a drone is used to harvest crops that are ripe and ready to be plucked, and the fruit harvesting device/UAV is equipped with an anti-collision system). Ashdown and Maor fail to disclose deploying, by one or more processors, robots to perform crop critical services including heating crops during cold temperatures, providing artificial sunlight to the crops during periods of overcast, and watering the crops during dry conditions. Surany teaches providing artificial sunlight to the crops during periods of overcast, and watering the crops during dry conditions (Surany Abstract, [0036]: a solar array which when deployed: f. Provides a mechanism to diffuse light and water onto crops by allowing for the replacement or adjustment of each of the sub-panel assemblies with light and/or water diffuser technology). Atam et. al. teaches robots to perform crop critical services including heating crops during cold temperatures (Atam et. al. Introduction: a novel and cleaner hybrid green energy system providing the required energy for a set of active heaters which blow hot air on trees during frost periods). This heater can be combined with a drone of Maor so that a robot can perform this specific task. The harvesting of the crops is the most important step of the claimed invention, which is coordinated by robots so that this eliminates the need for human labor by farmers. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Ashdown et. al. and Maor with Surany and Atam et. al. so that the robots are able to harvest the crops using the method of Ashdown et. al. along with perform crop critical services including heating crops during cold temperatures, providing artificial sunlight to the crops during periods of overcast, and watering the crops during dry conditions. Regarding claim 15, which is a computer system claim corresponding to the computer product claim 8 and thus, the rejection rationale for claim 8 is incorporated herein. Furthermore, Ashdown et. al. teaches a computer system for farming using topography sunlight distribution analysis, the system comprising (Ashdown et. al. Fig. 11): one or more computer processors, one or more computer-readable storage media, and program instructions stored on the one or more of the computer-readable storage media for execution by at least one of the one or more processors capable of performing operations (Ashdown et. al. [0192]-[0193]). PNG media_image4.png 733 538 media_image4.png Greyscale Regarding claim 1, which is a corresponding method claim of the system claim 15 of which the rejection analysis is incorporated herein. Claim(s) 2-4, 9-11, 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Ashdown et. al., Maor, Surany, and Atam et. al., as applied to claims 1, 8, and 15 above respectively, and further in view of Tiballi (WO 2022/060949 A1). Regarding claims 2, 9, and 16, the rejection of claims 1, 8 and 15 is incorporated herein. Ashdown et. al. fails to teach wherein the locality is an urban environment, and wherein the horizontal surfaces and vertical surfaces belong to man-made structures. However, Tiballi teaches wherein the locality is an urban environment, and wherein the horizontal surfaces and vertical surfaces belong to man-made structures (Tiballi, Abstract). Ashdown et. al. and Tiballi are combinable because they are from the same field of endeavor. At the time before the effective filing date, it would have been obvious to a person of ordinary skill to incorporate the teaching of Tiballi into Ashdown. The motivation for doing so would have been to allow for utilization of urban rooftop farms in industrialized cities to use buildings more productively to create a smart city network with greenhouses. Regarding claims 3, 10, and 17, Ashdown et. al. fails to teach wherein the identifying crop types for growing is based on local consumer demand. However, Tiballi teaches wherein the identifying crop types for growing is based on local consumer demand (Tiballi [0073]). At the time before the effective filing date, it would have been obvious to a person of ordinary skill to incorporate the teaching of Tiballi into Ashdown. The motivation for doing so would have been to address the needs in food deserts and provide better planning for city agencies to allocate food appropriately. Regarding claims 4, 11, and 18, Ashdown et. al. fails to teach wherein the identifying sunlight exposure incident to the topography includes using global satellite image recognition to detect sunlight distribution. However, Tiballi teaches wherein the identifying sunlight exposure incident to the topography includes using global satellite image recognition to detect sunlight distribution. At the time before the effective filing date, it would have been obvious to a person of ordinary skill to incorporate the teaching of Tiballi into Ashdown. The motivation for doing so would be to create more accurate data and metrics for analysis for crop demand. Claim(s) 6, 13, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashdown et. al., Maor , Surany, and Atam et. al. as applied to claims 1, 8, and 15 above respectively, and further in view of Tran et. al. (US Patent 2020/0364456 A1). Regarding claims 6, 13, and 20, the combination of Ashdown et. al., Maor, Surany et. al. and Atam et. al. teaches the method and computer program product and computer system for farming using topography sunlight distribution analysis as claimed in claim 1, claim 8, and claim 15, but fails to teach using a distributed ledger or blockchain utilization to calculate a price for growing the identified crops. However, Tran et. al. teaches using a distributed ledger or blockchain utilization to calculate a price for growing the identified crops (Tran et. al. Fig. 5A, 5B, [0034]). PNG media_image5.png 462 662 media_image5.png Greyscale PNG media_image6.png 512 610 media_image6.png Greyscale Tran et. al. is considered to be analogous art because it is reasonably pertinent to the problem faced by the inventor in managing the farming business in a larger scale endeavor. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method for farming using topography sunlight distribution analysis as taught by the combination of Ashdown et. al. in view of Tiballi to incorporate the teachings of Tran et. al. to use blockchain to calculate a price for growing the identified crops. The blockchain system tracks agricultural production and provides proof of origin, along with advanced purchases of the produce (Tran et. al. [0034]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA YIFANG LIN whose telephone number is (571)272-6435. The examiner can normally be reached M-F 7:00am-6:15pm, with optional day off. 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, Vu Le can be reached at 571-272-7332. 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. /JESSICA YIFANG LIN/Examiner, Art Unit 2668 June 26, 2026 /VU LE/Supervisory Patent Examiner, Art Unit 2668
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Prosecution Timeline

Show 4 earlier events
Mar 02, 2026
Response Filed
Mar 02, 2026
Examiner Interview Summary
Apr 08, 2026
Final Rejection mailed — §103
Jun 03, 2026
Examiner Interview Summary
Jun 08, 2026
Response after Non-Final Action
Jun 18, 2026
Request for Continued Examination
Jun 22, 2026
Response after Non-Final Action
Jul 01, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12678109
CONTROL METHOD AND CONTROL SYSTEM FOR IMAGE SCANNING, ELECTRONIC APPARATUS, AND STORAGE MEDIUM
2y 8m to grant Granted Jul 14, 2026
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2y 3m to grant Granted Apr 07, 2026
Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
72%
With Interview (-8.3%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 10 resolved cases by this examiner. Grant probability derived from career allowance rate.

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