DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 Arguments
2. Applicant's arguments filed 11/14/2025 have been fully considered but they are not persuasive.
3. Applicant is advised if they keep amending the independent claims differently from each other, then the application might require restriction.
4. Applicant argues the amended claim(s) 1 is/are allowable over Kocer et al. (US-20240224842-A9) in view of Humpal et al. (US-20220192175-A1). Applicant continues, as the Examiner has failed to show that (A) the prior art discloses or suggests all the elements recited in amended claim 1 and/or (B) a POSITA at the time of the invention would have been motivated to modify or combine the prior art to arrive at the claimed invention, as set forth in amended claim 1, with a reasonable expectation of success in doing so, the rejection of claim 1 has been overcome and should be withdrawn.
5. However, it appears Applicant analyzes the cited references in isolation and ignores the combination of the references. Applicant has not provided any reasons or rationale as why any possible combination of cited prior art (separately, or in any combination) fails to teach, suggest, or provide a rationale for obviousness of each and every element of the rejected claims, and instead only provides conclusory statements. Clear rationale for combining the cited references has been laid out in the previous Office Action, which remains equally applicable to the currently amended claims. Examiner refers Applicant to Claim Rejections - 35 USC § 103 for the rejection of the amended limitations. Furthermore, there is reasonable expectation of success for combining the cited references as all the references are directed to the same field of endeavor – agricultural systems.
25. As such, this argument is unpersuasive.
6. Applicant argues the amended claim(s) 10 is/are allowable over Kocer et al. (US-20240224842-A9) in view of Sibley et al. (US-20220118555-A1) and further in view of Humpal et al. (US-20220192175-A1). Applicant continues, as the Examiner has failed to show that (A) the prior art discloses or suggests all the elements recited in amended claim 1 and/or (B) a POSITA at the time of the invention would have been motivated to modify or combine the prior art to arrive at the claimed invention, as set forth in amended claim 1, with a reasonable expectation of success in doing so, the rejection of claim 10 has been overcome and should be withdrawn.
7. However, it appears Applicant analyzes the cited references in isolation and ignores the combination of the references. Applicant has not provided any reasons or rationale as why any possible combination of cited prior art (separately, or in any combination) fails to teach, suggest, or provide a rationale for obviousness of each and every element of the rejected claims, and instead only provides conclusory statements. Clear rationale for combining the cited references has been laid out in the previous Office Action, which remains equally applicable to the currently amended claims. Examiner refers Applicant to Claim Rejections - 35 USC § 103 for the rejection of the amended limitations. Furthermore, there is reasonable expectation of success for combining the cited references as all the references are directed to the same field of endeavor – agricultural systems.
25. As such, this argument is unpersuasive.
8. Applicant argues the amended claim(s) 16 is/are allowable over Kocer et al. (US-20240224842-A9) in view of Humpal et al. (US-20220192175-A1). Applicant continues, as the Examiner has failed to show that (A) the prior art discloses or suggests all the elements recited in amended claim 1 and/or (B) a POSITA at the time of the invention would have been motivated to modify or combine the prior art to arrive at the claimed invention, as set forth in amended claim 16, with a reasonable expectation of success in doing so, the rejection of claim 1 has been overcome and should be withdrawn.
9. However, it appears Applicant analyzes the cited references in isolation and ignores the combination of the references. Applicant has not provided any reasons or rationale as why any possible combination of cited prior art (separately, or in any combination) fails to teach, suggest, or provide a rationale for obviousness of each and every element of the rejected claims, and instead only provides conclusory statements. Clear rationale for combining the cited references has been laid out in the previous Office Action, which remains equally applicable to the currently amended claims. Examiner refers Applicant to Claim Rejections - 35 USC § 103 for the rejection of the amended limitations. Furthermore, there is reasonable expectation of success for combining the cited references as all the references are directed to the same field of endeavor – agricultural systems.
25. As such, this argument is unpersuasive.
10. Applicant argues dependent claim(s) is/are patentable by the virtue of their dependency on one of the independent claims and the additional features recited in the dependent claims.
11. This argument is unpersuasive as each independent claim and dependent claim has been fully rejected and for the reasons given above.
Claim Interpretation
12. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
13. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
14. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
15. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
16. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
17. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
18. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
computing system in claims 1-4, 10-12 and 16-17. The corresponding structure according to the Applicant’s disclosure is “computing system 102” in Fig. 4.
19. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
20. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
21. 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.
22. Claim(s) 1-8
is/are rejected under 35 U.S.C. 103 as being unpatentable over Kocer et al. (US-20240224842-A9) in view of Humpal et al. (US-20220192175-A1).
In regards to claim 1
, Kocer teaches An agricultural system comprising: (Fig. 1, [0032] The agricultural sprayer 100 includes a spraying system.)
a product application system comprising: (Fig. 2, [0039] Fig. 2 is a schematic view of a supplementing spraying system 200 which is the product application system.)
a first set of nozzle assemblies; and ([0039] The supplementing spraying system 200 includes a plurality of base nozzles 206.1-206.5 which receives the agricultural product from the base array component tube 222 interconnected with the boom tube 220. The plurality of the base nozzles act as the a first set of nozzle assemblies.)
a second set of nozzle assemblies; ([0044] The supplemental nozzle controller 214 controls the operations of supplemental nozzle assembly, including supplemental modulating elements 216.1-216.4 and supplemental nozzles 218.1-218.4, to supply supplemental agricultural product. The supplemental nozzles act as the second set of nozzle assemblies.)
a target sensor configured to capture data indicative of one or more features within a field; and ([0041] The supplemental spraying system 200 includes target sensors 208.1, 208.2 to monitor an area preceding one or more of supplemental nozzle assemblies to detect targets which encompasses capturing data indicative of one or more features within a field.)
a computing system communicatively coupled to the product application system and the target sensor, the computing system being configured to: ([0042] The target sensors 208.1, 208.2 are communicatively coupled to a target module 210. The target module 210 is also coupled to a supplemental nozzle location module 212 and a supplemental nozzle controller 214. Examiner notes, the target module is the computing system.)
activate the first set of nozzle assemblies to apply an agricultural product to an underlying field at a baseline application rate; ([0040] The base nozzle controllers 202.1, 202.2 control application of a base flow rate of an agricultural product from the base nozzles 206.1-206.5 which encompasses activating the first set of nozzle assemblies to apply an agricultural product to an underlying field. Examiner notes, the base flow rate of an agricultural product from the base nozzles 206.1-206.5 is the baseline application rate.)
identify a target within the field based on the data from the target sensor; ([0041]-[0042] The target sensors 208.1, 208.2 are communicatively coupled to a target module 210 to identify targets for the supplementing spraying system 200 including rows, zones, weeds, crops, plants, pests, and the like.)
determine a characteristic of the target; ([0053] The target identification module 402 compares the sensor information with crop characteristics, weed characteristics, pest characteristics, or the like (e.g., images, color, shapes, density, or the like) to identify targets. Color is a characteristic of the target. Applicant’s disclosure states “the characteristic of the target can include a size of the target, a plant species (e.g., grass or broadleaf) within the target, a plant maturity of the target, a plant color (e.g., level of chlorophyll in leaves indicating vigorousness of plant) of the target” ([0039]).)
activate at least one nozzle assembly of the second set of nozzle assemblies and increase an application rate of a first nozzle of the first set of nozzle assemblies above the baseline application rate and the target is within a fan of the at least one nozzle assembly of the second set of nozzle assemblies to apply a combined volume of agricultural product from the first set of nozzle assemblies and the second set of nozzle assemblies, wherein the combined volume exceeds a maximum rated volume of the first nozzle of the first set of nozzle assemblies operating alone. (Fig. 1, [0032] The agricultural sprayer 100 includes a spraying system extending from the supply tank 116 to one or more product dispensers. [0039] The base nozzle array, including the one or more base modulating elements 204.1, 204.2 and plurality of base nozzles 206.1-206.5, receives the agricultural product from the base array component tube 222 interconnected with the boom tube 220. [0041]-[0044] The target module 210 is configured to identify and index targets based on the information received from the target sensors 208.1, 208.2 and to compare the target location and supplemental nozzle location received from the supplemental nozzle location module 212, which is used to activate or deactivate the one or more supplemental nozzle assemblies by the supplemental nozzle controller 214. The identified target (e.g., target type, density, or the like) is received by the supplemental nozzle controller 214 to control application of the supplemental agricultural product (e.g., with greater target density the product is applied with a greater flow rate). As the supplemental nozzle assembly approaches a detected target, the supplemental nozzle controller 214 activates the supplemental nozzle assembly, to supply supplemental agricultural product. The supplemental nozzle controller 214 is configured to control the operations of supplemental nozzle assembly, which can include supplemental modulating elements 216.1-216.4 and supplemental nozzles 218.1-218.4, to supply supplemental agricultural product. Examiner notes, as mentioned above, the base nozzle array includes base modulating elements 204.1, 204.2. A modulating element increases or decreases the flow rate of the base nozzles as needed. As such, Kocer teaches increasing an application rate of a first nozzle of the first set of nozzle assemblies above the baseline application rate. Furthermore, the combination of the base agricultural product and the supplemental agricultural product is a combined volume of agricultural product. As mentioned above, the base nozzle applies the product at a base flow rate and when the supplemental agricultural product is sprayed through the supplemental modulating elements 216.1-216.4 the combined volume exceeds a maximum rated volume of the first nozzle of the first set of nozzle assemblies operating alone, especially when both nozzle assemblies are connected to the same tank or apply the same product.)
Kocer does not teach compare the characteristic of the target to a defined threshold; and
when the characteristic of the target is varied from the defined threshold.
However, Humpal teaches segmentation/binarization component 378 then segments the image and binarizes the segmented image. Excess green is calculated for each pixel and if the excess green exceeds a threshold, then the pixel is assigned a value of 1 while other pixels are assigned a value of 0 ([0174]). As mentioned above, color is a characteristic of the target and the color is compared with a threshold to determine whether it is green or not and the target is identified based on the characteristic of the target being varied from the defined threshold.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the spraying system of Kocer, by incorporating the teachings of Humpal, such that the data from the target sensor is binarized to calculate the excess green for each pixel and the excess green is compared with a threshold to identify the targets.
The motivation to modify is that, as acknowledged by Humpal, to apply material to a field, using real-time, on-machine, target sensing ([0002]) which one of ordinary skill would have recognized allows the material to be applied where it is needed and to reduce possible material waste by applying the material exactly where it is needed.
In regards to claim 2
, Kocer, as modified by Humpal, teaches The agricultural system of claim 1, wherein the computing system is further configured to:
determine the at least one nozzle assembly of the second set of nozzle assemblies to activate based on a location of the target relative to a boom assembly. ([0056] The target location comparator 406 compares the target location of the identified target(s) with one more nozzle location along the sprayer boom. As the difference between the locations decreases and satisfies an approach threshold, the target module 400 provides an application initiation instruction to the corresponding nozzle controller(s) and the respective nozzle(s) is activated for a specified duration or distance after initiation and then automatically arrested.)
In regards to claim 3
, Kocer, as modified by Humpal, teaches The agricultural system of claim 1, wherein the computing system is configured to activate the first set of nozzle assemblies to apply the agricultural product to the field within a defined application rate range. ([0040] The base nozzle controllers 202.1, 202.2 are configured to control application of a base flow rate of an agricultural product from the plurality of base nozzles 206.1-206.5. Applying the agricultural product using the base nozzles encompasses activating the first set of nozzle assemblies. The base flow rate is the defined application rate range.)
In regards to claim 4
, Kocer, as modified by Humpal, teaches The agricultural system of claim 1, wherein the computing system is configured to activate at least one nozzle assembly of the second set of nozzle assemblies when the combined volume is greater than a maximum volume exhausted from the at least one nozzle assembly of the first set of nozzle assemblies. (Fig. 2, [0039]-[0044] The base nozzle controllers 202.1, 202.2 control application of a base flow rate of an agricultural product from the base nozzles 206.1-206.5. The target module 210 is configured to identify and index targets based on the information received from the target sensors 208.1, 208.2 and to compare the target location and supplemental nozzle location received from the supplemental nozzle location module 212, which is used to activate or deactivate the one or more supplemental nozzle assemblies by the supplemental nozzle controller 214. The identified target (e.g., target type, density, or the like) is received by the supplemental nozzle controller 214 to control application of the supplemental agricultural product (e.g., with greater target density the product is applied with a greater flow rate). As the supplemental nozzle assembly approaches a detected target, the supplemental nozzle controller 214 activates the supplemental nozzle assembly, which includes supplemental modulating elements 216.1-216.4 and supplemental nozzles 218.1-218.4, to supply supplemental agricultural product. As mentioned above, the base nozzles supply the base flow rate and when a target with greater density that needs a greater flow rate is detected, then the supplemental nozzles are used to apply a greater volume which makes the combined volume to be greater than the volume that is dispensed from the base nozzles, especially when the base volume are dispensing the agricultural product at their maximum volume.)
In regards to claim 5
, Kocer, as modified by Humpal, teaches The agricultural system of claim 1, wherein at least one nozzle assembly of the first set of nozzle assemblies and at least one nozzle assembly of the second set of nozzle assemblies are fluidly coupled with a common header. (Fig.6, [0061] The composite nozzle assembly 600 includes an assembly of two or more nozzles configured to provide distinct applications of agricultural products (e.g., same or different). This claim has been interpreted as the nozzles of the first and second nozzle assemblies spraying the same agricultural product. As mentioned above the nozzles can provide the same agricultural product which means the nozzles are fluidly coupled.)
In regards to claim 6
, Kocer, as modified by Humpal, teaches The agricultural system of claim 1, wherein at least one nozzle assembly of the first set of nozzle assemblies is fluidly coupled with a first header and at least one nozzle assembly of the second set of nozzle assemblies is fluidly coupled with a second header. (Fig.6, [0061] The composite nozzle assembly 600 includes an assembly of two or more nozzles configured to provide distinct applications of agricultural products (e.g., same or different). The composite nozzle assembly 600 includes a composite boom tube 602, which includes a first boom tube 604 and a second boom tube 606 separated by a boom tube septum 616. This claim has been interpreted as the nozzles of the first and second nozzle assemblies spraying different agricultural product. As mentioned above the nozzles can provide the different agricultural product.)
In regards to claim 7
, Kocer, as modified by Humpal, teaches The agricultural system of claim 1, wherein a first nozzle assembly within the second set of nozzle assemblies is positioned between the first nozzle assembly of the first set of nozzle assemblies and a second nozzle assembly of the first set of nozzle assemblies. (Fig. 2, [0010]-[0011] A supplementing spraying system includes a base nozzle array having a plurality of base nozzles controlled with a base nozzle controller. A plurality of supplemental nozzle assemblies are configured to spray a supplemental agricultural product that is the same or different from a base agricultural product sprayed with the base nozzle array. The supplemental nozzles are positioned between the base nozzles of the base nozzle array to provide overlapping coverage of the base spray from the base nozzles. The base nozzles are first set of nozzle assembly and the supplemental nozzles the second set of nozzle assembly. As portrayed by Fig. 2, supplemental modulating elements 216.1 acts as the first nozzle assembly within the second set of nozzle assemblies and it is positioned between base nozzles 206.1, which is the first nozzle assembly of the first set of nozzle assemblies, and base nozzles 206.2, which is the second nozzle assembly of the first set of nozzle assemblies.)
In regards to claim 8
, Kocer, as modified by Humpal, teaches The agricultural system of claim 1, wherein the characteristic of the target is a detected height of the target.
Further, Humpal teaches weed filter system 380 filters the identified weeds or other targets, so that only targets of a sufficient size are identified ([0099]). Size of the weed encompasses its height. The regions of interest needs to be identified for each target height so that the image processing modules 124 have an accurate representation ([0145]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the spraying system of Kocer, as already modified by Humpal, by further incorporating the teachings of Humpal, such that the height of the target is detected and used for an accurate representation.
The motivation to do so is the same as acknowledged by Humpal in regards to claim 1.
23. Claim(s) 9
is/are rejected under 35 U.S.C. 103 as being unpatentable over Kocer et al. (US-20240224842-A9) in view of Humpal et al. (US-20220192175-A1) and further in view of Sibley et al. (US-20220118555-A1).
In regards to claim 9
, Kocer, as modified by Humpal, teaches The agricultural system of claim 1, wherein the computing system is further configured to:
identify crop rows of crops within the field; and ([0041] The targets for the supplementing spraying system 200 can include different types of targets, such as one more of rows, zones, weeds, crops, plants, pests, and the like. Supplemental spraying system 200 is configured to detect the targets and control supplemental spraying of the agricultural product based on the detected targets which is identifying crop rows of crops within the field.)
Kocer, as modified by Humpal, does not teach determine a position of the target relative to the crop rows.
However, Sibley teaches an autonomous agricultural observation and treatment system, utilizing computer software and systems, computer vision and automation to autonomously identify an agricultural object ([0080]). The compute module 424 includes computing devices and components configured to receive and process image data from image sensors or other components. In this example, the compute module 424 processes images, compare images, identify, locate, and classify features in the images including classification of objects such as agricultural objects, landmarks, or scenes, as well as identify location, pose estimation, or both, of an object in the real world based on the calculations and determinations generated by compute module 424 on the images and other sensor data fused with the image data ([0127]). As mentioned above, the location of the agricultural objects in the real world are identified. When the location of the agricultural objects are defined and known in the real world conditionate system, the relative position of an agricultural object with respect to another agricultural object could easily be calculated by setting one of the agricultural objects as the origin of the coordinate system and transforming the real world coordinate of the other agricultural objects with respect to the new origin, especially when one of the agricultural objects is the target and the other agricultural object, used as the origin, is the crop rows. That is, determining a position of the target relative to the crop rows. confidence level meets or exceeds a predetermined confidence level threshold value ([0194]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the spraying system of Kocer, as already modified by Humpal, by incorporating the teachings of Sibley, such that the position of an agricultural objects, such as the target and the crop wors, are identified in the real world and then the relative position of one agricultural object is determined based on the position of the other agricultural object.
The motivation to modify is that, as acknowledged by Sibley, to more effectively and efficiently use labor, use tools and machinery, and reduce the amount of chemicals used on plants and cultivated land ([0003]) which one of ordinary skill would have recognized allows application of materials to be specific to a field based on the existing landmarks.
24. Claim(s) 10-13 and 16-17
is/are rejected under 35 U.S.C. 103 as being unpatentable over Kocer et al. (US-20240224842-A9) in view of Sibley et al. (US-20220118555-A1) and further in view of Humpal et al. (US-20220192175-A1).
In regards to claim 10
, Kocer teaches A method for an agricultural application operation, the method comprising: ([0101] A method for supplementing agricultural spraying.)
activating, with a computing system, a first set of nozzle assemblies to apply an agricultural product to an underlying field; (Fig. 2, [0039]-[0040] The supplementing spraying system 200 includes a plurality of base nozzles 206.1-206.5 which receives the agricultural product from the base array component tube 222 interconnected with the boom tube 220. The plurality of the base nozzles act as the a first set of nozzle assemblies. The base nozzle controllers 202.1, 202.2 control application of a base flow rate of an agricultural product from the base nozzles 206.1-206.5 which encompasses activating the first set of nozzle assemblies to apply an agricultural product to an underlying field.)
identifying, with the computing system, a target within the field based on data from a target sensor; ([0041]-[0042] The target sensors 208.1, 208.2 are communicatively coupled to a target module 210 to identify targets for the supplementing spraying system 200 including rows, zones, weeds, crops, plants, pests, and the like.)
determining, with the computing system, a characteristic of the target based at least partially on the data from the target sensor; ([0053] The target identification module 402 compares the sensor information with crop characteristics, weed characteristics, pest characteristics, or the like (e.g., images, color, shapes, density, or the like) to identify targets. Color is a characteristic of the target. Applicant’s disclosure states “the characteristic of the target can include a size of the target, a plant species (e.g., grass or broadleaf) within the target, a plant maturity of the target, a plant color (e.g., level of chlorophyll in leaves indicating vigorousness of plant) of the target” ([0039]).)
determining, with the computing system, a time in which a fan of the agricultural product from at least one nozzle assembly of a second set of nozzle assemblies is aligned with the target, wherein the time is based at least partially on a location of the target relative to a defined object that is separately identified from the target. ([0041]-[0044] The target module 210 is configured to identify and index targets based on the information received from the target sensors 208.1, 208.2 and to compare the target location and supplemental nozzle location received from the supplemental nozzle location module 212, which is used to activate or deactivate the one or more supplemental nozzle assemblies by the supplemental nozzle controller 214. As the supplemental nozzle assembly approaches a detected target, the supplemental nozzle controller 214 activates the supplemental nozzle assembly, to supply supplemental agricultural product. According to paragraph [0062] of Applicant’s specification: “determining the time can include determining a location of the target relative to the boom assembly along a lateral direction and a position of the target to at least one nozzle assembly of the second set of nozzle assemblies in a fore-aft direction with the computing system.” As such the defined object was interpreted as the nozzle. [0056] The target location comparator 406 compares the target location of the identified target(s) with one more nozzle location along the sprayer boom. As the difference between the locations decreases and satisfies an approach threshold, the target module 400 provides an application initiation instruction to the corresponding nozzle controller(s) and the respective nozzle(s) is activated for a specified duration or distance after initiation and then automatically arrested which encompasses determining a time in which a fan of the agricultural product from a nozzle assembly of a second set of nozzle assemblies is aligned with the target.)
Kocer does not teach determining, with the computing system, a likelihood of a presence and a size of a target at various locations within the underlying field based on a topology map;
a multi-factor characteristic,
the multi-factor characteristic comprising at least two of a maximum height, a maximum width, a surface area, a plant species, a maturity stage, or a chlorophyll level;
comparing, with the computing system, the multi-factor characteristic of the target to a defined threshold;
when the multi-factor characteristic of the target exceeds the defined threshold.
However, Sibley teaches FIG. 2 illustrates a diagram 200 of system 100 configured to observe a geographic boundary in the real-world ([0089], Figs. 1-2) which is the computing system. The user interface 350 stores and displays a variety of information, data, logs, predictions, histories, or other information related to each object. The information includes information of the object relating to its size, color, shape, density, health, or other information related to prediction information relating to yield estimate, future size, shape, and health, and optimal harvest parameters of the specific object. The user interface 350 and one or more interactive maps through a variety of devices. The interactive virtual map 382 is a virtual map associated with a map of a real-world geographic scene having a plurality of agricultural objects and landmarks. Because the geographic scene changes over a period of time, multiple virtual maps is generated to index each state of the geographic scene, at a global scene level, such as the broader geographic level including terrain, topography, trees, large objects, etc., and at a local level, such as that of each agricultural object, including target crop objects ([0113]-[0114], Fig. 3C) which is determining a likelihood of a presence and a size of a target at various locations within the underlying field based on a topology map. A bounding box of an image, or other shape, is drawn around a portion of an image, cropped out and separately indexed by the agricultural treatment system and saved as a patch for comparing against captured images taken in the future, for building a digitized map of a geographic boundary, for associating an object captured during one trial with the same object captured at different trials, or a combination thereof. The system determines a confidence level of whether the sub-key frame image matches the portion of the captured image. The system identifies a match where the determined confidence level meets or exceeds a predetermined confidence level threshold value ([0194]).
Humpal teaches weed filter system 380 filters the identified weeds or other targets, so that only targets of a sufficient size are identified ([0099]). The regions of interest needs to be identified for each target height so that the image processing modules 124 have an accurate representation ([0145]). Segmentation/binarization component 378 then segments the image and binarizes the segmented image. Excess green is calculated for each pixel and if the excess green exceeds a threshold, then the pixel is assigned a value of 1 while other pixels are assigned a value of 0 ([0174]). Examiner notes, size of the weed encompasses its maximum width and its maximum height which is the multi-factor characteristic. As mentioned above, color is a characteristic of the target and the color is compared with a threshold to determine whether it is green or not and the target is identified based on the characteristic of the target being varied from the defined threshold.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the spraying system of Kocer, by incorporating the teachings of Sibley and Humpal, such that the existence of target crop objects are determined based on the information of the such as object size and predicted future size using the topography at the local level and the data from the target sensor is binarized to calculate the excess green for each pixel and the excess green is compared with a threshold to identify the targets and only targets of sufficient size are identified.
The motivation to do so is the same as acknowledged by Sibley in regards to claim 9.
The motivation to do so is the same as acknowledged by Humpal in regards to claim 1.
In regards to claim 11
, Kocer, as modified by Sibley and Humpal, teaches The method of claim 10, further comprising:
activating, with the computing system, at least one nozzle assembly of a second set of nozzle assemblies and the target is within the fan of the at least one nozzle assembly of the second set of nozzle assemblies. ([0041]-[0044] The target module 210 is configured to identify and index targets based on the information received from the target sensors 208.1, 208.2 and to compare the target location and supplemental nozzle location received from the supplemental nozzle location module 212, which is used to activate or deactivate the one or more supplemental nozzle assemblies by the supplemental nozzle controller 214. The identified target (e.g., target type, density, or the like) is received by the supplemental nozzle controller 214 to control application of the supplemental agricultural product (e.g., with greater target density the product is applied with a greater flow rate). As the supplemental nozzle assembly approaches a detected target, the supplemental nozzle controller 214 activates the supplemental nozzle assembly, to supply supplemental agricultural product.)
Further, Humpal teaches weed filter system 380 filters the identified weeds or other targets, so that only targets of a sufficient size are identified ([0099]). The regions of interest needs to be identified for each target height so that the image processing modules 124 have an accurate representation ([0145]). Segmentation/binarization component 378 then segments the image and binarizes the segmented image. Excess green is calculated for each pixel and if the excess green exceeds a threshold, then the pixel is assigned a value of 1 while other pixels are assigned a value of 0 ([0174]). As mentioned above, color is a characteristic of the target and the color is compared with a threshold to determine whether it is green or not and the target is identified based on the characteristic of the target being varied from the defined threshold.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the spraying system of Kocer, as already modified by Sibley and Humpal, by further incorporating the teachings of Humpal, such that the data from the target sensor is binarized to calculate the excess green for each pixel and the excess green is compared with a threshold to identify the targets.
The motivation to do so is the same as acknowledged by Humpal in regards to claim 1.
In regards to claim 12
, Kocer, as modified by Sibley and Humpal, teaches The method of claim 10, wherein determining, with the computing system, the time in which the fan of agricultural product from at least one nozzle assembly of a second set of nozzle assemblies is aligned with the target further comprises:
determining, with the computing system, a location of the target relative to a boom assembly along a lateral direction; and ([0056] The target location comparator 406 compares the target location of the identified target(s) with one more nozzle location along the sprayer boom. As the difference between the locations decreases and satisfies an approach threshold, the target module 400 provides an application initiation instruction to the corresponding nozzle controller(s) and the respective nozzle(s) is activated for a specified duration or distance after initiation and then automatically arrested.)
determining, with the computing system, a position of the target to at least one nozzle assembly of the second set of nozzle assemblies in a fore-aft direction. ([0054]-[0055] The target identification module 402 compares the sensor information with crop characteristics, weed characteristics, pest characteristics, or the like to identify targets. The target indexing module 404 determines the location of the identified targets and associates the location with the target which is used for comparisons with nozzle locations. The agricultural machine is moving in a fore-and-aft direction as do the nozzles attached to the boom. When a nozzle is identified for dispensing the agricultural product on the target, based on the direction of the machine, a nozzle in a fore-aft direction is identified.)
In regards to claim 13
, Kocer, as modified by Sibley and Humpal, teaches The method of claim 11, wherein a combined volume of the agricultural product from at least one nozzle assembly of the first set of nozzle assemblies and at least one nozzle assembly of the second set of nozzle assemblies is varied from a maximum volume that is emitted from the at least one nozzle assembly of the first set of nozzle assemblies. (Fig. 2, [0039]-[0044] The base nozzle controllers 202.1, 202.2 control application of a base flow rate of an agricultural product from the base nozzles 206.1-206.5. The target module 210 is configured to identify and index targets based on the information received from the target sensors 208.1, 208.2 and to compare the target location and supplemental nozzle location received from the supplemental nozzle location module 212, which is used to activate or deactivate the one or more supplemental nozzle assemblies by the supplemental nozzle controller 214. The identified target (e.g., target type, density, or the like) is received by the supplemental nozzle controller 214 to control application of the supplemental agricultural product (e.g., with greater target density the product is applied with a greater flow rate). As the supplemental nozzle assembly approaches a detected target, the supplemental nozzle controller 214 activates the supplemental nozzle assembly, which includes supplemental modulating elements 216.1-216.4 and supplemental nozzles 218.1-218.4, to supply supplemental agricultural product. As mentioned above, the base nozzles supply the base flow rate and when a target with greater density that needs a greater flow rate is detected, then the supplemental nozzles are used to apply a greater volume which makes the combined volume to be greater than the volume that is dispensed from the base nozzles, especially when the base volume are dispensing the agricultural product at their maximum volume which encompasses the combined volume being varied from the maximum volume that is emitted from the first set of nozzle assemblies.)
In regards to claim 16
, Kocer teaches An agricultural system comprising: (Fig. 1, [0032] The agricultural sprayer 100 includes a spraying system.)
a product application system comprising: (Fig. 2, [0039] Fig. 2 is a schematic view of a supplementing spraying system 200 which is the product application system.)
a product tank (Fig. 1, [0032] The agricultural sprayer 100 includes a spraying system extending from the supply tank 116 to one or more product dispensers.);
a first set of nozzle assemblies fluidly coupled with the product tank and configured to continuously apply an agricultural product to an underlying field during a spray operation at a baseline application rate; (Fig. 1, [0032] The agricultural sprayer 100 includes a spraying system extending from the supply tank 116 to one or more product dispensers. Fig. 2, [0039]-[0040] The supplementing spraying system 200 includes a one or more base nozzle controllers. The base nozzle array is directly coupled to the boom tube 220. The base nozzle controllers 202.1, 202.2 are configured to control application of a base flow rate of an agricultural product from the plurality of base nozzles 206.1-206.5. As mentioned above the nozzle arrays are directly coupled to the boom tube which means all the nozzles in the array continuously apply an agricultural product. Examiner notes, as mentioned above, the spraying system extending from the supply tank 116 to one or more product dispensers. That is being fluidly coupled with the product tank. Furthermore, the base flow rate of an agricultural product from the base nozzles 206.1-206.5 is the baseline application rate.)
a second set of nozzle assemblies fluidly coupled with the product tank; (Fig. 1, [0032] The agricultural sprayer 100 includes a spraying system extending from the supply tank 116 to one or more product dispensers. [0044] The supplemental nozzle controller 214 controls the operations of supplemental nozzle assembly, including supplemental modulating elements 216.1-216.4 and supplemental nozzles 218.1-218.4, to supply supplemental agricultural product. The supplemental nozzles act as the second set of nozzle assemblies. Examiner notes, as mentioned above, the spraying system extending from the supply tank 116 to one or more product dispensers. That is being fluidly coupled with the product tank.)
a target sensor configured to capture data indicative of one or more features within a field; and ([0041] The supplemental spraying system 200 includes target sensors 208.1, 208.2 to monitor an area preceding one or more of supplemental nozzle assemblies to detect targets which encompasses capturing data indicative of one or more features within a field.)
a computing system communicatively coupled to the product application system and the target sensor, the computing system being configured to: ([0042] The target sensors 208.1, 208.2 are communicatively coupled to a target module 210. The target module 210 is also coupled to a supplemental nozzle location module 212 and a supplemental nozzle controller 214. The target module is the computing system.)
identify a target within the field based on the data from the target sensor; ([0041]-[0042] The target sensors 208.1, 208.2 are communicatively coupled to a target module 210 to identify targets for the supplementing spraying system 200 including rows, zones, weeds, crops, plants, pests, and the like.)
activate at least one nozzle assembly of the second set of nozzle assemblies and the target is within a fan of the at least one nozzle assembly of the second set of nozzle assemblies to apply a combined volume of agricultural product from the first set of nozzle assemblies and the second set of nozzle assemblies, wherein the combined volume exceeds a maximum rated volume of the first nozzle of the first set of nozzle assemblies operating alone. (Fig. 1, [0032] The agricultural sprayer 100 includes a spraying system extending from the supply tank 116 to one or more product dispensers. [0039] The base nozzle array, including the one or more base modulating elements 204.1, 204.2 and plurality of base nozzles 206.1-206.5, receives the agricultural product from the base array component tube 222 interconnected with the boom tube 220. [0041]-[0044] The target module 210 is configured to identify and index targets based on the information received from the target sensors 208.1, 208.2 and to compare the target location and supplemental nozzle location received from the supplemental nozzle location module 212, which is used to activate or deactivate the one or more supplemental nozzle assemblies by the supplemental nozzle controller 214. The identified target (e.g., target type, density, or the like) is received by the supplemental nozzle controller 214 to control application of the supplemental agricultural product (e.g., with greater target density the product is applied with a greater flow rate). As the supplemental nozzle assembly approaches a detected target, the supplemental nozzle controller 214 activates the supplemental nozzle assembly, to supply supplemental agricultural product. The supplemental nozzle controller 214 is configured to control the operations of supplemental nozzle assembly, which can include supplemental modulating elements 216.1-216.4 and supplemental nozzles 218.1-218.4, to supply supplemental agricultural product. Examiner notes, as mentioned above, the base nozzle array includes base modulating elements 204.1, 204.2. A modulating element increases or decreases the flow rate of the base nozzles as needed. As such, Kocer teaches increasing an application rate of a first nozzle of the first set of nozzle assemblies above the baseline application rate. Furthermore, the combination of the base agricultural product and the supplemental agricultural product is a combined volume of agricultural product. As mentioned above, the base nozzle applies the product at a base flow rate and when the supplemental agricultural product is sprayed through the supplemental modulating elements 216.1-216.4 the combined volume exceeds a maximum rated volume of the first nozzle of the first set of nozzle assemblies operating alone, especially when both nozzle assemblies are connected to the same tank or apply the same product.)
Kocer does not teach identify a landmark within the field based on the data from the target sensor, the landmark being outside of an area of the field having the agricultural product applied thereto;
determine a characteristic of the target relative to a defined threshold; and
determine a position of the target relative to the landmark; and
when the characteristic of the target is varied from the defined threshold,
based on the position relative to the landmark.
However, Sibley teaches an autonomous agricultural observation and treatment system, utilizing computer software and systems, computer vision and automation to autonomously identify an agricultural object ([0080]). The compute module 424 includes computing devices and components configured to receive and process image data from image sensors or other components. In this example, the compute module 424 processes images, compare images, identify, locate, and classify features in the images including classification of objects such as agricultural objects, landmarks, or scenes, as well as identify location, pose estimation, or both, of an object in the real world based on the calculations and determinations generated by compute module 424 on the images and other sensor data fused with the image data ([0127]) which encompasses identifying a landmark within the field based on the data from the target sensor, the landmark being outside of an area of the field having the agricultural product applied thereto (For example, when the landmark is a grove of trees, it is an area outside of an area of the field having the agricultural product applied thereto). As mentioned above, the location of the agricultural objects and landmarks in the real world are identified. When the location of the agricultural objects and landmarks are defined and known in the real world conditionate system, the relative position of the agricultural objects with respect to a landmark could easily be calculated by setting the landmark as the origin of the coordinate system and transforming the real world coordinate of the agricultural objects with respect to the new origin, especially when the agricultural objects are the targets. That is, determining a position of the target relative to the landmark. A bounding box of an image, or other shape, is drawn around a portion of an image, cropped out and separately indexed by the agricultural treatment system and saved as a patch for comparing against captured images taken in the future, for building a digitized map of a geographic boundary, for associating an object captured during one trial with the same object captured at different trials, or a combination thereof. The system determines a confidence level of whether the sub-key frame image matches the portion of the captured image. The system identifies a match where the determined confidence level meets or exceeds a predetermined confidence level threshold value ([0194]).
Humpal teaches segmentation/binarization component 378 then segments the image and binarizes the segmented image. Excess green is calculated for each pixel and if the excess green exceeds a threshold, then the pixel is assigned a value of 1 while other pixels are assigned a value of 0 ([0174]). As mentioned above, color is a characteristic of the target and the color is compared with a threshold to determine whether it is green or not and the target is identified based on the characteristic of the target being varied from the defined threshold.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the spraying system of Kocer, by incorporating the teachings of Sibley and Humpal, such that the position of landmarks and the agricultural objects are identified in the real world and then the coordinate of the agricultural objects are transformed to determine the relative position of the agricultural objects with respect to the landmark and the system controls each of its treatment modules based on the determined relative position and the data from the target sensor is binarized to calculate the excess green for each pixel and the excess green is compared with a threshold to identify the targets.
The motivation to do so is the same as acknowledged by Sibley in regards to claim 9.
The motivation to do so is the same as acknowledged by Humpal in regards to claim 1.
In regards to claim 17
, Kocer, as modified by Sibley and Humpal, teaches The agricultural system of claim 16, wherein the computing system is further configured to:
determine a location of the target relative to a boom assembly. ([0056] The target location comparator 406 compares the target location of the identified target(s) with one more nozzle location along the sprayer boom. As the difference between the locations decreases and satisfies an approach threshold, the target module 400 provides an application initiation instruction to the corresponding nozzle controller(s) and the respective nozzle(s) is activated for a specified duration or distance after initiation and then automatically arrested.)
Conclusion
25. The prior art made of record
and not relied upon is considered pertinent to applicant's disclosure:
Buse et al. (US-20240123461-A1) teaches a method for improving the accuracy of an agricultural machine that applies material to a field, using run-time, on-machine, target sensing.
Kwak et al. (US-20220138464-A1) teaches an agricultural machine includes a product application system comprising a plurality of actuatable applicator mechanisms.
Long et al. (US-20230119310-A1) teaches identifying a landmark and determining a location of the target relative to the landmark to geolocate the weed.
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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/P.J.M./Examiner, Art Unit 3661 /RAMYA P BURGESS/Supervisory Patent Examiner, Art Unit 3661
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