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 .
Response to Amendment
The amendment filed 03/02/2026 is being entered. Claims 1, 5, and 11 are amended. Claim 19 is canceled. Claim 21 is a new claim. Claims 1-18 and 20-21 are pending, and rejected as detailed below. This action is final as necessitated by amendment.
Response to Arguments
Rejection under 35 U.S.C. §102
Independent claim 1 and 11
Applicant argues that the computing system 74 of Bittner does not necessarily correspond to the computing system as claimed. For instance, while Bittner describes that a "sensor 68 can be configured to output data indicative of a measured boom position, a measured boom height, a measured pitch angle, a measured yaw angle, a measured pressure, a measured velocity, a measured acceleration/deceleration, and/or a measured roll angle of the sprayer 10 and/or the boom assembly 30," Bittner does not seem to teach that the computing system 74 determines a variation in the pitch along the boom assembly 30 based on the data from the sensor(s) 68. (Bittner, [0043]). Instead, as provided above, Bittner teaches that "boom arm 36 is deflected in afore direction df (i.e., a direction of forward movement of the sprayer 10 as indicated by arrow 18 in FIG. 1) and/or in an aft direction da (i.e., an opposing direction of the forward movement of the sprayer 10 as indicated by arrow 18 in FIG. 1)," and that "upon receiving data from the one or more sensors, the computing system can calculate a deflection magnitude (or displacement) and/or afore-aft deflection direction of the boom arm."(Bittner, [0026] and [0040]). As such, while Bittner states that a measured pitch angle of the sprayer 10 and/or of the boom assembly 30 may be indicated by the data from the sensor 68, Bittner does not seem to particularly teach that the computing system 74 determines a pitch of a boom arm 36, 38 of the boom assembly, let alone a variation in the pitch of the boom arm 36, 38 along the portion of the length of the boom arm 36, 38 based at least in part on the data, with the pitch being twisting about the length of the boom arm 36, 38. Therefore, Bittner does not seem to particularly teach or suggest at least a computing system configured to "determine variation in the pitch of the wing frame section along the portion of the length of the wing frame section based at least in part on the data, the pitch being twisting about the length of the wing frame section," as currently recited in claim 1. As such, it is believed that independent claim 1 and its dependent claims are not anticipated nor necessarily obvious based on Bittner. Accordingly, it is respectfully requested that the pending § 102 claim rejections of claim 1 and its dependents based on Bittner be withdrawn. Independent claim 11 recites substantially similar limitations to those discussed above from independent claim 1. As such, it is believed that independent claim 11 is similarly not anticipated nor necessarily made obvious by Bittner for at least the same reasons as independent claim 1. Thus, it submitted that independent claim 11 and its dependent claims are patentable over Bittner. Accordingly, it is respectfully requested that the pending § 102 claim rejections of claim 11 and its dependents based on Bittner also be withdrawn.
Applicant’s arguments, as amended herein and the argument that states Bittner does not seem to particularly teach that the computing system 74 determines a pitch of a boom arm 36, 38 of the boom assembly, let alone a variation in the pitch of the boom arm 36, 38 along the portion of the length of the boom arm 36, 38 based at least in part on the data, with the pitch being twisting about the length of the boom arm 36, 38, with respect to the rejections of claims 1 and 11 under 35 U.S.C. §102 have been fully considered and not persuasive. More specifically, Bittner [para. 0049] clearly states “the position sensor 68 may be configured as a pressure sensor that is operably coupled with an actuator 62, 64, 66 of the boom assembly 30 and/or positioned between two portions of the boom assembly 30 that are hingedly coupled to one another at one of the joints (e.g., 54, 56, 58) of the boom assembly 30. In instances in which the pressure sensor is operably coupled with an actuator 62, 64, 66 of the boom assembly 30, the pressure sensor may monitor pressure changes during the agricultural operation. Based on the variations in pressure within the actuator 62, 64, 66, the computing system 74 can calculate a curvature of the boom arm 36, 38. Based on the estimated curvature of the boom arm 36, 38, the computing system 74 may calculate a deflection magnitude and/or a deflection direction of the boom arm 36, 38.”. In other words, pressure sensor 68 receives data (pressure changing data) from the actuators 62, 64, and 66. Then, the computer system 74 is able to calculate a deflection magnitude and/or a deflection direction of the boom arm 36, 38 with respect to the received data of the sensor 68. It is obvious, once data is outputted to the computer system, the computer system is able to calculate the variation and changes of the wing frame section. Bittner [0049] also states that the sensor 68 is able to output “measured pitch angle” that teaches the twisting about the length of the boom arm 36 and 38, wherein the sensor 68 is an image sensor. In other words, Bittner [para. 0052-0053] teaches that image sensor 68 is able to detect the orientation of the boom arm 36 and 38 (pitch or twisting about the length of the wing frame) within a defined time period thus allowing the computer system to calculate the variation of the pitch.
Dependent claims
Applicant argues claim 5 currently recites "wherein the first target is asymmetric in at least one of color or shape such that the orientation of the first target is detectable." In the Office Action, it is suggested with reference to FIG. 5 of Bittner that "the shape of the nozzle assembly 32o changes from (d sub p) to (d sub a)."(Office Action, page 11). It is respectfully noted that "drawings and pictures can anticipate claims if they clearly show the structure which is claimed," however, the "drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art." (MPEP 2125). Particularly, "when the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value." (MPEP 2125). As Bittner does not state that the drawings are drawn to scale and is silent as to dimensions, and as Bittner does not describe or clearly show that the nozzles are asymmetric, or suggest why such asymmetry of the nozzles would be important, it is respectfully submitted that the drawings of Bittner would not reasonably disclose to one of ordinary skill in the art that the nozzles are particularly asymmetric in at least one of color or shape. Such distinction is not trivial for at least the reason that, as described in the present specification, "each of the target(s) 70 may be asymmetrical in at least one plane of geometry and/or is asymmetrical in color (e.g., in shading, pattern, and/or the like) such that fore-aft pivoting of the boom section(s) and/or pitching of the boom section(s) of the boom arm(s) 36, 38 is easy to identify from the target(s) 70."(Specification, [0043]).
Applicant’s arguments, as amended herein, with respect to the rejections of claim 5 under 35 U.S.C. §102 have been fully considered and persuasive as Brittner does not teach specific component and their configurations in relation to the nozzle 32. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection for claim 5 under 35 U.S.C. §103 is made in view of previously applied reference Brittner, and further in view of newly found reference Humpal (US 20160178422 A1). In particular, the amendments to claim 5 are addressed in the instant office action.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-14, 16-18, and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bittner (US 20210368771 A1).
Regarding claim 1, Bittner teaches (Currently Amended) An agricultural system for monitoring spray booms of an agricultural applicator (Bittner, at least one para. 0002; “The present disclosure relates generally to agricultural applicators, such as agricultural sprayers and, more particularly, to systems and methods for monitoring a boom assembly during an application operation and altering various components.”), the agricultural system comprising:
a boom assembly of an agricultural applicator, the boom assembly comprising a central frame section and a wing frame section pivotably coupled to the central frame section (Bittner, at least one para. 0031; “As shown in FIGS. 1 and 2, the boom assembly 30 can include a frame 34 that supports first and second boom arms 36, 38, which may be orientated in a cantilevered nature. The first and second boom arms 36, 38 are generally movable between an operative or unfolded position (FIG. 1) and an inoperative or folded position (FIG. 2).”), the wing frame section extending along a length defined between a first end and a second end (Bittner, at least one para. 0031; “When extended, each boom arm 36, 38 defines a first lateral distance d.sub.1 defined between the frame 34 and an outermost nozzle assembly and/or an outer end portion of the boom arms 36, 38.”);
a plurality of nozzle assemblies spaced apart along the boom assembly (Bittner, at least one para. 0030; “The agricultural product is conveyed from the product tank 28 through a product circuit including numerous plumbing components, such as interconnected pieces of tubing, for release onto the underlying field 20 (e.g., plants and/or soil) through one or more nozzle assemblies 32 mounted on the boom assembly 30 (or the sprayer 10).”);
a sensor having a field of view directed along a portion of the length of the wing frame section, the sensor being configured to generate data indicative of a pitch of the wing frame section along the portion of the length of the wing frame section (Bittner, at least one para. 0043; “With further reference to FIG. 3, a sensor 68 can be configured to output data indicative of a measured boom position, a measured boom height, a measured pitch angle, a measured yaw angle, a measured pressure, a measured velocity, a measured acceleration/deceleration, and/or a measured roll angle of the sprayer 10 and/or the boom assembly 30. The boom position information detected by the sensor 68 may enable the sprayer 10 to calculate a curvature of the boom assembly and determine boom arm movement of the one or more boom arms 36, 38 of the boom assembly”);
a computing system communicatively coupled to the sensor, the computing system being configured to (Bittner, at least one para. 0049; “the computing system 74 may be communicatively coupled to the position sensor 68 and/or systems of the sprayer 10 and/or the boom assembly 30.y 30 based on the curvature.”):
receive the data generated by the sensor (Bittner, at least one para. 0049; “During an application operation, the one or more sensors 68 are configured to output a signal indicative of a measured boom position, a measured boom height, a measured pitch angle, a measured yaw angle, a measured pressure, and/or a measured roll angle of the sprayer 10 and/or the boom assembly 30.”);
determine variation in the pitch of the wing frame section along the portion of the length of the wing frame section based at least in part on the data (Bittner, at least one para. 0049; “the position sensor 68 may be configured as a pressure sensor that is operably coupled with an actuator 62, 64, 66 of the boom assembly 30 and/or positioned between two portions of the boom assembly 30 that are hingedly coupled to one another at one of the joints (e.g., 54, 56, 58) of the boom assembly 30. In instances in which the pressure sensor is operably coupled with an actuator 62, 64, 66 of the boom assembly 30, the pressure sensor may monitor pressure changes during the agricultural operation. Based on the variations in pressure within the actuator 62, 64, 66, the computing system 74 can calculate a curvature of the boom arm 36, 38. Based on the estimated curvature of the boom arm 36, 38, the computing system 74 may calculate a deflection magnitude and/or a deflection direction of the boom arm 36, 38.”), the pitch being twisting about the length of the wing frame section (Bittner, at least one para. 0049; “During an application operation, the one or more sensors 68 are configured to output a signal indicative of a measured boom position, a measured boom height, a measured pitch angle, a measured yaw angle, a measured pressure, and/or a measured roll angle of the sprayer 10 and/or the boom assembly 30.”, wherein the measured pitch angle teaches the twisting about the length of the wing frame section); and
control an operation associated with the agricultural applicator based at least in part on the variation in the pitch of the wing frame section (Bittner, at least one para. 0059; “The computing system 74 may provide instructions for various other components communicatively coupled with the computing system 74 based on the results of the data analysis. For example, the computing system 74 may provide notification instructions to the HMI 24, a vehicle notification system 80, and/or a remote electronic device 82 if the deflection magnitude exceeds a predefined threshold, a nozzle speed increases above a defined threshold, the calculated application rate deviates from a predefined threshold due to the boom deflection, and/or if the calculated variance ν deviates from a predefined range as such an occurrence may cause an inadequate application to a portion of the field 20.”).
Regarding claim 2, Bittner teaches (Original) The agricultural system of claim 1, further comprising a first target on the wing frame section (Bittner, at least one para. 0042; “In some embodiments, a boom speed or boom acceleration of each nozzle assembly 32 along the boom arm 36 may be calculated based on the detected and/or calculated position of various portions of the boom arm 36 at known time periods.”, wherein the 32o is the first target), the first target being within the field of view, the computing system being configured to determine the variation in the pitch of the wing frame section based at least in part on an orientation of the first target (Bittner, at least one para. 0054; “Additionally, and/or alternatively, in some embodiments, one or more image sensors may be separated from the boom arm 36, 38 with at least a portion of the boom arm 36, 38 within a field of view of the image sensor. For example, the image sensor may be positioned on the frame 34 of the boom assembly 30 and/or on the sprayer 10. In such instances, the image sensor may be capable of detecting the position of the boom arm 36, 38. In some examples, the image sensor may detect a position of the boom arm 36, 38 at two separate instances with a defined time period between the two instances. Accordingly, the image sensor may be capable of detecting a position and a movement of the boom assembly 30. Based on this information, the computing system 74 may calculate an estimated boom arm curvature and a deflection magnitude and/or a deflection direction of the boom arm 36, 38.”).
Regarding claim 3, Bittner teaches (Original) The agricultural system of claim 2, further comprising a second target on the wing frame section, the first target and the second target being spaced apart along the portion of the length of the wing frame section (Bittner, at least one para. 0042; “In some embodiments, a boom speed or boom acceleration of each nozzle assembly 32 along the boom arm 36 may be calculated based on the detected and/or calculated position of various portions of the boom arm 36 at known time periods.”, wherein 32o is the first target and the 32i is the second target), the second target being within the field of view, the computing system being configured to determine the variation in the pitch of the wing frame section based at least in part on a comparison of an orientation of the second target to the orientation of the first target (Bittner, at least one para. 0054; “Additionally, and/or alternatively, in some embodiments, one or more image sensors may be separated from the boom arm 36, 38 with at least a portion of the boom arm 36, 38 within a field of view of the image sensor. For example, the image sensor may be positioned on the frame 34 of the boom assembly 30 and/or on the sprayer 10. In such instances, the image sensor may be capable of detecting the position of the boom arm 36, 38. In some examples, the image sensor may detect a position of the boom arm 36, 38 at two separate instances with a defined time period between the two instances. Accordingly, the image sensor may be capable of detecting a position and a movement of the boom assembly 30. Based on this information, the computing system 74 may calculate an estimated boom arm curvature and a deflection magnitude and/or a deflection direction of the boom arm 36, 38.”).
Regarding claim 4, Bittner teaches (Original) The agricultural system of claim 3, wherein the wing frame section comprises a first wing frame section and a second wing frame section, the first wing frame section being pivotably coupled to the central frame section, the second wing frame section being pivotably coupled to the first wing frame section (Bittner, at least one para. 0036; “For example, by retracting/extending the inner fold actuators 62, the inner boom sections 42, 44 may be pivoted or folded relative to the frame 34 about a pivot axis 54A defined by the pivot joints 54. Moreover, the boom assembly 30 may also include middle fold actuators 64 coupled between each inner boom section 42, 44 and its adjacent middle boom section 46, 48 and outer fold actuators 66 coupled between each middle boom section 46, 48 and its adjacent outer boom section 50, 52.”), wherein the first target is on the first wing frame section and the second target is on the second wing frame section (Bittner, FIG. 3; The nozzle assembly 32i is positioned on the boom section 42 and the nozzle assembly 32o is positioned on the boom section 50 as shown below).
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Regarding claim 6, Bittner teaches (Original) The agricultural system of claim 1, wherein the computing system is configured to control the operation associated with the agricultural applicator when the variation in the pitch of the wing frame section is greater than a threshold variation (Bittner, at least one para. 0059; “the computing system 74 may provide notification instructions to the HMI 24, a vehicle notification system 80, and/or a remote electronic device 82 if the deflection magnitude exceeds a predefined threshold, a nozzle speed increases above a defined threshold, the calculated application rate deviates from a predefined threshold due to the boom deflection”).
Regarding claim 7, Bittner teaches (Original) The agricultural system of claim 1, wherein the computing system is further configured to determine a variation in fore-aft deflection of the portion of the length of the wing frame section based at least in part on the data generated by the sensor, wherein the computing system is configured to control the operation associated with the agricultural applicator based at least in part on the variation in the fore-aft deflection and the variation in the pitch of the wing frame section (Bittner, at least one para. 0068; “In some instances, the computing system 74 is further configured to determine a deflection direction, which may be quantified in a fore/aft direction. Based on the deflection direction, an actuator 62 can rotate the boom arm 36, 38 such that an inner portion 38.sub.i of the boom arm 36, 38 is rotated to an opposing side of the default axis a.sub.d from the detected deflection direction to counteract the positional offsets caused by the deflection.”).
Regarding claim 8, Bittner teaches (Original) The agricultural system of claim 1, wherein computing system is configured to control the operation associated with the agricultural applicator by at least one of automatically adjusting at least one of a ground speed of the agricultural applicator (Bittner, at least one para. 0042; “In some embodiments, a boom speed or boom acceleration of each nozzle assembly 32 along the boom arm 36 may be calculated based on the detected and/or calculated position of various portions of the boom arm 36 at known time periods.”), controlling an operation of a user interface to indicate the variation in the pitch of the wing frame section, controlling an actuator of the wing frame section (Bittner, at least one para. 0078; “At step (214), the method can include activating an actuator 62, 64, 66 to rotate the boom arm 38 between first and second angles. The second angle may position at least a portion of the boom arm 38 on an opposing side of a default axis from the deflection direction to counteract the deflection of the boom arm 38. As provided herein, the actuator 62, 64, 66 can be configured to rotate at least 15 degrees in both a fore and an aft direction from the first angle while dispensing the agricultural product.”), or adjusting an operation of one or more of the plurality of nozzle assemblies (Bittner, at least one para. 0078; “In some examples, the nozzle assembly 32 is positioned in a default position when the boom assembly 30 is free of deflection and extends at the first angle. By rotating the boom arm 38 between the first and second angles, the computing system 74 can minimize an offset between a nozzle assembly 32 with the boom in the deflected position from the nozzle assembly 32 in the default position thereby leading to increased precision in the application of the agricultural product to the underlying field 20.”).
Regarding claim 9, Bittner teaches (Original) The agricultural system of claim 1, wherein the sensor is positioned on the central frame section (Bittner, at least one para. 0054; “the image sensor may be positioned on the frame 34 of the boom assembly 30 and/or on the sprayer 10.”).
Regarding claim 10, Bittner teaches (Original) The agricultural system of claim 1, wherein the sensor comprises at least one of a camera or a LIDAR sensor (Bittner, at least one para. 0052; “the image sensors may correspond to any other suitable sensing devices configured to capture image or image-like data, such as a monocular camera, a LIDAR sensors, and/or a RADAR sensors.”).
Regarding claim 11, Bittner teaches (Currently Amended) An agricultural method for monitoring spray booms of an agricultural applicator (Bittner, at least one para. 0002; “The present disclosure relates generally to agricultural applicators, such as agricultural sprayers and, more particularly, to systems and methods for monitoring a boom assembly during an application operation and altering various components.”), the agricultural applicator having a boom assembly comprising a central frame section and a wing frame section pivotably coupled to the central frame section (Bittner, at least one para. 0031; “As shown in FIGS. 1 and 2, the boom assembly 30 can include a frame 34 that supports first and second boom arms 36, 38, which may be orientated in a cantilevered nature. The first and second boom arms 36, 38 are generally movable between an operative or unfolded position (FIG. 1) and an inoperative or folded position (FIG. 2).”), the wing frame section extending along a length defined between a first end and a second end (Bittner, at least one para. 0031; “When extended, each boom arm 36, 38 defines a first lateral distance d.sub.1 defined between the frame 34 and an outermost nozzle assembly and/or an outer end portion of the boom arms 36, 38.”), the agricultural applicator further having a plurality of nozzle assemblies spaced apart along the boom assembly (Bittner, at least one para. 0030; “The agricultural product is conveyed from the product tank 28 through a product circuit including numerous plumbing components, such as interconnected pieces of tubing, for release onto the underlying field 20 (e.g., plants and/or soil) through one or more nozzle assemblies 32 mounted on the boom assembly 30 (or the sprayer 10).”), the agricultural method comprising:
receiving, with a computing system (Bittner, at least one para. 0049; “the computing system 74 may be communicatively coupled to the position sensor 68 and/or systems of the sprayer 10 and/or the boom assembly 30.y 30 based on the curvature.”) and (Bittner, at least one para. 0049; “During an application operation, the one or more sensors 68 are configured to output a signal indicative of a measured boom position, a measured boom height, a measured pitch angle, a measured yaw angle, a measured pressure, and/or a measured roll angle of the sprayer 10 and/or the boom assembly 30.”), data generated by a sensor having a field of view directed along a portion of the length of the wing frame section, the data being indicative of a pitch of the wing frame section along the portion of the length of the wing frame section (Bittner, at least one para. 0043; “With further reference to FIG. 3, a sensor 68 can be configured to output data indicative of a measured boom position, a measured boom height, a measured pitch angle, a measured yaw angle, a measured pressure, a measured velocity, a measured acceleration/deceleration, and/or a measured roll angle of the sprayer 10 and/or the boom assembly 30. The boom position information detected by the sensor 68 may enable the sprayer 10 to calculate a curvature of the boom assembly and determine boom arm movement of the one or more boom arms 36, 38 of the boom assembly”);
determining, with the computing system, a variation in the pitch of the wing frame section along the portion of the length of the wing frame section based at least in part on the data (Bittner, at least one para. 0049; “the position sensor 68 may be configured as a pressure sensor that is operably coupled with an actuator 62, 64, 66 of the boom assembly 30 and/or positioned between two portions of the boom assembly 30 that are hingedly coupled to one another at one of the joints (e.g., 54, 56, 58) of the boom assembly 30. In instances in which the pressure sensor is operably coupled with an actuator 62, 64, 66 of the boom assembly 30, the pressure sensor may monitor pressure changes during the agricultural operation. Based on the variations in pressure within the actuator 62, 64, 66, the computing system 74 can calculate a curvature of the boom arm 36, 38. Based on the estimated curvature of the boom arm 36, 38, the computing system 74 may calculate a deflection magnitude and/or a deflection direction of the boom arm 36, 38.”), the pitch being twisting about the length of the wing frame section (Bittner, at least one para. 0049; “During an application operation, the one or more sensors 68 are configured to output a signal indicative of a measured boom position, a measured boom height, a measured pitch angle, a measured yaw angle, a measured pressure, and/or a measured roll angle of the sprayer 10 and/or the boom assembly 30.”, wherein the measured pitch angle teaches the twisting about the length of the wing frame section); and
controlling, with the computing system, an operation associated with the agricultural applicator based at least in part on the variation in the pitch of the wing frame section (Bittner, at least one para. 0059; “The computing system 74 may provide instructions for various other components communicatively coupled with the computing system 74 based on the results of the data analysis. For example, the computing system 74 may provide notification instructions to the HMI 24, a vehicle notification system 80, and/or a remote electronic device 82 if the deflection magnitude exceeds a predefined threshold, a nozzle speed increases above a defined threshold, the calculated application rate deviates from a predefined threshold due to the boom deflection, and/or if the calculated variance ν deviates from a predefined range as such an occurrence may cause an inadequate application to a portion of the field 20.”).
Regarding claim 12, Bittner teaches (Original) The agricultural method of claim 11, wherein a first target is positioned on the wing frame section (Bittner, at least one para. 0042; “In some embodiments, a boom speed or boom acceleration of each nozzle assembly 32 along the boom arm 36 may be calculated based on the detected and/or calculated position of various portions of the boom arm 36 at known time periods.”, wherein the 32o is the first target), the first target being within the field of view, wherein determining the variation in the pitch of the wing frame section comprises determining the variation in the pitch of the wing frame section based at least in part on an orientation of the first target (Bittner, at least one para. 0054; “Additionally, and/or alternatively, in some embodiments, one or more image sensors may be separated from the boom arm 36, 38 with at least a portion of the boom arm 36, 38 within a field of view of the image sensor. For example, the image sensor may be positioned on the frame 34 of the boom assembly 30 and/or on the sprayer 10. In such instances, the image sensor may be capable of detecting the position of the boom arm 36, 38. In some examples, the image sensor may detect a position of the boom arm 36, 38 at two separate instances with a defined time period between the two instances. Accordingly, the image sensor may be capable of detecting a position and a movement of the boom assembly 30. Based on this information, the computing system 74 may calculate an estimated boom arm curvature and a deflection magnitude and/or a deflection direction of the boom arm 36, 38.”).
Regarding claim 13, Bittner teaches (Original) The agricultural method of claim 12, wherein a second target is spaced apart from the first target on the wing frame section along the portion of the length of the wing frame section (Bittner, at least one para. 0042; “In some embodiments, a boom speed or boom acceleration of each nozzle assembly 32 along the boom arm 36 may be calculated based on the detected and/or calculated position of various portions of the boom arm 36 at known time periods.”, wherein 32o is the first target and the 32i is the second target), the second target being within the field of view, wherein determining the variation in the pitch of the wing frame section comprises determining the variation in the pitch of the wing frame section based at least in part on a comparison of an orientation of the second target to the orientation of the first target (Bittner, at least one para. 0054; “Additionally, and/or alternatively, in some embodiments, one or more image sensors may be separated from the boom arm 36, 38 with at least a portion of the boom arm 36, 38 within a field of view of the image sensor. For example, the image sensor may be positioned on the frame 34 of the boom assembly 30 and/or on the sprayer 10. In such instances, the image sensor may be capable of detecting the position of the boom arm 36, 38. In some examples, the image sensor may detect a position of the boom arm 36, 38 at two separate instances with a defined time period between the two instances. Accordingly, the image sensor may be capable of detecting a position and a movement of the boom assembly 30. Based on this information, the computing system 74 may calculate an estimated boom arm curvature and a deflection magnitude and/or a deflection direction of the boom arm 36, 38.”).
Regarding claim 14, Bittner teaches (Original) The agricultural method of claim 13, wherein the wing frame section comprises a first wing frame section and a second wing frame section, the first wing frame section being pivotably coupled to the central frame section, the second wing frame section being pivotably coupled to the first wing frame section (Bittner, at least one para. 0036; “For example, by retracting/extending the inner fold actuators 62, the inner boom sections 42, 44 may be pivoted or folded relative to the frame 34 about a pivot axis 54A defined by the pivot joints 54. Moreover, the boom assembly 30 may also include middle fold actuators 64 coupled between each inner boom section 42, 44 and its adjacent middle boom section 46, 48 and outer fold actuators 66 coupled between each middle boom section 46, 48 and its adjacent outer boom section 50, 52.”), wherein the first target is on the first wing frame section and the second target is on the second wing frame section (Bittner, FIG. 3; The nozzle assembly 32i is positioned on the boom section 42 and the nozzle assembly 32o is positioned on the boom section 50 as shown below).
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Regarding claim 16, Bittner teaches (Original) The agricultural method of claim 11, wherein controlling the operation associated with the agricultural applicator comprises controlling the operation associated with the agricultural applicator when the variation in the pitch of the wing frame section is greater than a threshold variation (Bittner, at least one para. 0059; “the computing system 74 may provide notification instructions to the HMI 24, a vehicle notification system 80, and/or a remote electronic device 82 if the deflection magnitude exceeds a predefined threshold, a nozzle speed increases above a defined threshold, the calculated application rate deviates from a predefined threshold due to the boom deflection”).
Regarding claim 17, Bittner teaches (Original) The agricultural method of claim 11, further comprising determining, with the computing system, a variation in fore-aft deflection of the portion of the length of the wing frame section based at least in part on the data generated by the sensor, wherein controlling the operation associated with the agricultural applicator comprises controlling the operation associated with the agricultural applicator based at least in part on the variation in the fore-aft deflection and the variation in the pitch of the wing frame section (Bittner, at least one para. 0068; “In some instances, the computing system 74 is further configured to determine a deflection direction, which may be quantified in a fore/aft direction. Based on the deflection direction, an actuator 62 can rotate the boom arm 36, 38 such that an inner portion 38.sub.i of the boom arm 36, 38 is rotated to an opposing side of the default axis a.sub.d from the detected deflection direction to counteract the positional offsets caused by the deflection.”).
Regarding claim 18, Bittner teaches (Original) The agricultural method of claim 11, wherein controlling the operation associated with the agricultural applicator comprises at least one of automatically adjusting at least one of a ground speed of the agricultural applicator (Bittner, at least one para. 0042; “In some embodiments, a boom speed or boom acceleration of each nozzle assembly 32 along the boom arm 36 may be calculated based on the detected and/or calculated position of various portions of the boom arm 36 at known time periods.”), controlling an operation of a user interface to indicate the variation in the pitch of the wing frame section, controlling an actuator of the wing frame section (Bittner, at least one para. 0078; “At step (214), the method can include activating an actuator 62, 64, 66 to rotate the boom arm 38 between first and second angles. The second angle may position at least a portion of the boom arm 38 on an opposing side of a default axis from the deflection direction to counteract the deflection of the boom arm 38. As provided herein, the actuator 62, 64, 66 can be configured to rotate at least 15 degrees in both a fore and an aft direction from the first angle while dispensing the agricultural product.”), or adjusting an operation of one or more of the plurality of nozzle assemblies (Bittner, at least one para. 0078; “In some examples, the nozzle assembly 32 is positioned in a default position when the boom assembly 30 is free of deflection and extends at the first angle. By rotating the boom arm 38 between the first and second angles, the computing system 74 can minimize an offset between a nozzle assembly 32 with the boom in the deflected position from the nozzle assembly 32 in the default position thereby leading to increased precision in the application of the agricultural product to the underlying field 20.”).
Regarding claim 20, Bittner teaches (Original) The agricultural method of claim 11, wherein the sensor comprises at least one of a camera or a LIDAR sensor (Bittner, at least one para. 0052; “the image sensors may correspond to any other suitable sensing devices configured to capture image or image-like data, such as a monocular camera, a LIDAR sensors, and/or a RADAR sensors.”).
Regarding claim 21, Bittner teaches (New) The agricultural method of claim 11, further comprising determining, with the computing system, a variation in fore-aft deflection of the portion of the length of the wing frame section based at least in part on the data generated by the sensor (Bittner, at least one para. 0026; “Upon receiving data from the one or more sensors, the computing system can calculate a deflection magnitude (or displacement) and/or a fore-aft deflection direction of the boom arm. If the calculated deflection magnitude deviates from a predefined threshold, the computing system may activate the actuator to rotate the boom arm relative to the frame to reposition the boom arm to counteract the deflection at an adjusted angle.”),
wherein determining the variation in the pitch of the wing frame section comprises determining the variation in the pitch of the wing frame section when the variation in the fore-aft deflection is greater than a threshold fore-aft magnitude (Bittner, at least one para. 0077; “If the calculated deflection magnitude is greater than the predefined threshold, the method 200 may proceed to step (212), wherein the computing system 74 receives data indicative of a deflection direction. [0078] At step (214), the method can include activating an actuator 62, 64, 66 to rotate the boom arm 38 between first and second angles. The second angle may position at least a portion of the boom arm 38 on an opposing side of a default axis from the deflection direction to counteract the deflection of the boom arm 38. As provided herein, the actuator 62, 64, 66 can be configured to rotate at least 15 degrees in both a fore and an aft direction from the first angle while dispensing the agricultural product.”).
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) 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Bittner (US 20210368771 A1) as applied to claim 1 and 11 above, respectively, and further in view of Humpal (US 20160178422 A1).
Regarding claim 5, Bittner teaches (Currently Amended) The agricultural system of claim 2, wherein the first target is asymmetric in at least one of color or shape (Bittner, FIG. 5; The shape or the orientation of the nozzle assembly 32o changes from (d sub p) to (d sub a) as shown below. In other words, when the nozzle 32o is aligned with the (d sub p), the image sensor 68 is only able to view the inside surface of the nozzle 32o as the front surface and the rear surface of the nozzle 32o are positioned parallel to the (d sub p) and not visible to the image sensor 68. However, when the nozzle 32o is aligned with the (d sub a), the image sensor 68 is able to view the inside surface of the nozzle 32o and the front surface of the nozzle 32o that is oriented towards the axis (d sub p) as the rear surface of the nozzle 32o is not visible to the image sensor 68.) such that the orientation of the first target is detectable (Bittner, at least one para. 0052; “With further reference to FIG. 4, in accordance with aspects of the present subject matter, the one or more sensors 68 may additionally or alternatively correspond to an image sensor. In various embodiments, the image sensors may correspond to a stereographic camera having two or more lenses with a separate image sensor for each lens to allow the camera to capture stereographic or three-dimensional images. However, in alternative embodiments, the image sensors may correspond to any other suitable sensing devices configured to capture image or image-like data, such as a monocular camera, a LIDAR sensors, and/or a RADAR sensors.”).
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Even though Bittner teaches about image analyzes of the nozzle with respect to different surfaces, Bittner does not explicitly teach that the first target is asymmetric.
Humpal, in the same field of endeavor (Humpal, at least one para. 0005;” Various aspects of example embodiments are set out in the claims. Embodiments include a sprayer system having spray nozzles”) teaches the first target is asymmetric (Humpal, at least one para. 0041; “In the example of FIG. 2, there are additional elements such as actuators and valves 362A, 362B that enable or disable fluid flow; they also play a role in one method of dislodging a clogged nozzle 40 as described later in this disclosure. Example actuators include solenoid valves 362A, 362B, electromagnetic spring coil, pneumatic lever, bellows, and so on. Turret 32 is manually-rotatable or motor-rotatable and attached to a lower end of the nozzle tube 36; alternatively, turret 32 is attached to a rotatable plate 312 that is electronically controlled. Turret 32 includes a squat cylindrical body. Turret 32 also contains passageways that channel fluid from the nozzle tube 36 to nozzle outlets. Nozzle outlets 1-6 are located on the periphery of turret 32. Turret 32 is manually rotated if there is no plate 312 or automatically rotated if there is a plate 312 and a corresponding motor to turn plate 312 (e.g. stepper motor).”, wherein the asymmetric configuration of the nozzle is explained).
Bittner and Humpal are both considered to be analogous to the claimed invention because both of them are in the same field as unmanned aerial system as the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified the nozzle of Bittner with teaching of Humpal. One of the ordinary skill in the art would have been motivated to make this modification because the claim would have been obvious because the substitution of one known element for another would have yielded predictable results to one of ordinary skill in the art.
Regarding claim 15, Bittner teaches (Original) The agricultural method of claim 12, wherein the first target is asymmetric in at least one of color or shape (Bittner, FIG. 5; The shape or the orientation of the nozzle assembly 32o changes from (d sub p) to (d sub a) as shown below. In other words, when the nozzle 32o is aligned with the (d sub p), the image sensor 68 is only able to view the inside surface of the nozzle 32o as the front surface and the rear surface of the nozzle 32o are positioned parallel to the (d sub p) and not visible to the image sensor 68. However, when the nozzle 32o is aligned with the (d sub a), the image sensor 68 is able to view the inside surface of the nozzle 32o and the front surface of the nozzle 32o that is oriented towards the axis (d sub p) as the rear surface of the nozzle 32o is not visible to the image sensor 68.) and (Bittner, at least one para. 0052; “With further reference to FIG. 4, in accordance with aspects of the present subject matter, the one or more sensors 68 may additionally or alternatively correspond to an image sensor. In various embodiments, the image sensors may correspond to a stereographic camera having two or more lenses with a separate image sensor for each lens to allow the camera to capture stereographic or three-dimensional images. However, in alternative embodiments, the image sensors may correspond to any other suitable sensing devices configured to capture image or image-like data, such as a monocular camera, a LIDAR sensors, and/or a RADAR sensors.”).
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Even though Bittner teaches about image analyzes of the nozzle with respect to different surfaces, Bittner does not explicitly teach that the first target is asymmetric.
Humpal, in the same field of endeavor (Humpal, at least one para. 0005;” Various aspects of example embodiments are set out in the claims. Embodiments include a sprayer system having spray nozzles”) teaches the first target is asymmetric (Humpal, at least one para. 0041; “In the example of FIG. 2, there are additional elements such as actuators and valves 362A, 362B that enable or disable fluid flow; they also play a role in one method of dislodging a clogged nozzle 40 as described later in this disclosure. Example actuators include solenoid valves 362A, 362B, electromagnetic spring coil, pneumatic lever, bellows, and so on. Turret 32 is manually-rotatable or motor-rotatable and attached to a lower end of the nozzle tube 36; alternatively, turret 32 is attached to a rotatable plate 312 that is electronically controlled. Turret 32 includes a squat cylindrical body. Turret 32 also contains passageways that channel fluid from the nozzle tube 36 to nozzle outlets. Nozzle outlets 1-6 are located on the periphery of turret 32. Turret 32 is manually rotated if there is no plate 312 or automatically rotated if there is a plate 312 and a corresponding motor to turn plate 312 (e.g. stepper motor).”, wherein the asymmetric configuration of the nozzle is explained).
Bittner and Humpal are both considered to be analogous to the claimed invention because both of them are in the same field as unmanned aerial system as the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified the nozzle of Bittner with teaching of Humpal. One of the ordinary skill in the art would have been motivated to make this modification because the claim would have been obvious because the substitution of one known element for another would have yielded predictable results to one of ordinary skill in the art.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to UPUL P CHANDRASIRI whose telephone number is (703)756-5823. The examiner can normally be reached M-F 8.30 am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christian Chace can be reached at 571-272-4190. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/U.P.C./ Examiner, Art Unit 3665 /CHRISTIAN CHACE/Supervisory Patent Examiner, Art Unit 3665
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