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 .
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) 1-3, 8-10, 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fricks US3269099.
Regarding claim 1, Fricks teaches a harvesting vehicle 10 comprising: harvesters (on platform 14, Column 4: 4-6 describes threshing on catwalk 24 of platform 14, in which threshing is the same as picking crops, wherein the operators are providing the claimed harvesters to thresh/ pick the berries) configured to pick crops, cushioned containers 30/32 configured to collect the crops after the crops are picked by the harvesters (crops are directed by gravity); a hopper 42 configured to receive the crops from the cushioned containers 30/32 and lift the crops (by floating in water) to be deposited into transport troughs 48; and a crop fluid transporter (including the carousel to rotate 48) configured to float (with water 48 on left side of Figure 2) and transport the crops in a fluid on the harvesting vehicle 10, wherein the crop fluid transporter comprises the transport troughs 48.
Regarding claim 2, the crop fluid transporter comprises the transport troughs 48; the transport troughs 48 are sized to float the crops in the fluid in a single-file serial manner (where 48 are held in single file line along horizontal line of the tower).
Regarding claim 3. The harvesting vehicle 10 of claim 1, wherein: the crops picked by the harvesters associated with a trough of the transport troughs 48 are dumped into the trough (Column 4: 12-16 describes the threshed/ picked berries in semi-suspension) concurrently after each of the harvesters associated with the trough finishes picking the crops on a respective plant; the crop fluid transporter is configured to start flow of the fluid into the trough (opening valve 38 described in Column 2: 44-46) within a first predetermined time period (the period that valve 38 is opened) before the crops picked by the harvesters associated with the trough are dumped into the trough; and the crop fluid transporter is configured to stop the flow of the fluid (unloading operation Column 4: 48-59) into the trough within a second predetermined time period (such as the time period required for unloading and emptying the tank) after the crops picked by the harvesters (on platform 14) associated with the trough are dumped into the trough.
Regarding claim 8. A method of providing a harvesting vehicle 10, the method comprising: providing harvesters (as recited above) configured to pick crops, providing cushioned containers 30/32 configured to collect the crops after the crops are picked by the harvesters: providing a hopper 42 configured to receive the crops from the cushioned containers 30/32 and lift the crops (by floating in water) to be deposited into transport troughs 48; and providing a crop fluid transporter (as recited above) configured to float and transport the crops in a fluid on the harvesting vehicle 10, wherein the crop fluid transporter comprises the transport troughs 48.
Regarding claim 9, the crop fluid transporter comprises the transport troughs 48; the transport troughs 48 are sized to float the crops in the fluid in a single-file serial manner.
Regarding claim 10. The method of claim 8, wherein: the crops picked by the harvesters associated with a trough of the transport troughs 48 are dumped into the trough concurrently after each of the harvesters associated with the trough finishes picking the crops on a respective plant; the crop fluid transporter is configured to start flow of the fluid into the trough within a first predetermined time period before the crops picked by the harvesters associated with the trough are dumped into the trough (as recited above); and the crop fluid transporter is configured to stop the flow of the fluid into the trough within a second predetermined time period after the crops picked by the harvesters associated with the trough are dumped into the trough.
Regarding claim 14. A method comprising: picking crops using harvesters on a harvesting vehicle 10, collecting the crop in cushioned containers 30/32; receiving the crops in a hopper 42 from the cushioned containers 30/32; lifting the crops in the hopper 42 to deposit the crops in transport troughs 48; and floating and transporting the crops in a fluid on the harvesting vehicle 10 using the transport troughs 48.
Regarding claim 15. The method of claim 14, wherein further comprising: collecting and lifting the crops from the harvesters to be deposited into the fluid in transport troughs 48, wherein: the transport troughs 48 are sized to float the crops in the fluid in a single-file serial manner (as recited above).
Regarding claim 16. The method of claim 14 further comprising: dumping the crops picked by the harvesters associated with a trough of the transport troughs 48 into the trough concurrently after each of the harvesters associated with the trough finishes picking the crops on a respective plant (as recited above); starting flow of the fluid into the trough within a first predetermined time period before dumping into the trough the crops picked by the harvesters associated with the trough; and stopping the flow (as recited above) of the fluid into the trough within a second predetermined time period after dumping into the trough the crops picked by the harvesters associated with the trough.
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) 7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fricks in view of Bianchi US4294063.
Regarding claim 7 and 20, Fricks teaches the invention substantially as claimed, as described above, but does not teach that the fluid comprises an aqueous solution of hypochlorous acid.
Bianchi teaches that the fluid comprises an aqueous solution of hypochlorous acid (Column 4: 10-11 “The bath 40 contains a pool 75 of chlorinated water disposed in the tank 41”, wherein chlorinated water is an aqueous solution of hypochlorous acid). This provides sterilization Column 10: 24-29 “ The tomatoes received in the water in the washing compartment are circulated with the chlorinated water therein in the direction indicated by the arrows 78. This circulation of the tomatoes tumbles them together, further washing them while they are exteriorly sterilized by the chlorinated water”.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Fricks’ water/fluid in view of Bianchi’s aqueous solution of hypochlorous acid with a reasonable expectation of success in washing and exteriorly sterilizing the crop while the crop is transported in the crop fluid transporter.
Allowable Subject Matter
Claims 4-6, 11-13, and 17-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Fricks teaches a soak tank 32. Fricks does not teach the crop fluid transporter and soak tank in combination with a lift conveyor and a drop tank as claimed. Modification would have required impermissible hindsight reasoning to recreate these elements in addition to the described crop fluid transporter, and thus would not have been obvious.
Response to Arguments
Applicant's arguments filed 2/10/2026 have been fully considered but they are not persuasive. Applicant’s arguments that Fricks does not teach the elements amended into the independent claims are not persuasive. Upon further consideration, the above described elements are taught.
Therefore applicant’s arguments regarding dependent claims are similarly refuted.
Applicant’s arguments, see remarks, filed 2/10/2026, with respect to the drawing objections have been fully considered and are persuasive. The objection of the drawings has been withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. 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 Cathleen Hutchins whose telephone number is (571)270-3651. The examiner can normally be reached M-F 11am-9:30PM EST.
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/CATHLEEN R HUTCHINS/Primary Examiner, Art Unit 3672 4/2/2026