DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the Intellectual Property Office of Great Britain on 06/28/2021. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Introduction
Claims 1-11 are currently pending in this application and are subject to examination herein.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/22/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 14 (P. 6, line 19 to p. 7, line 17; p. 9, lines 12-14). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
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.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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.
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.
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.
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.
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.
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.
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1 does not include a transitional phrase (e.g., comprising, consisting, consisting essentially of) (see MPEP 2111.03). Because the Examiner must interpret the claim under the Broadest Reasonable Interpretation (BRI) standard, the Examiner will interpret the claims as having the “comprising” transitional phrase. Appropriate correction is required.
Claim 1 is also objected because there is no final conjunction (“and” or “or”) after the “two foliage deflectors . . .” limitation. Based upon a reasonable claim interpretation, the Examiner will interpret an “and” before the final limitation because it would be unreasonable to interpret an “or” conjunction where any of the limitations found in the prior art would anticipate the claim.. Nevertheless, appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-7 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 8,136,335 to Dobson (cited by Applicant in IDS filed on 01/22/2024) in view of U.S. Pat. No. 8,312,701 to Albarran et al. (hereinafter Albarran).
Regarding claim 1, Dobson discloses a harvesting machine (Abstract) comprising:
- a mobile chassis (main frame 2) (Figs. 1B-4; Col. 2, line 65 to col. 3, line 9) having front and rear ends to travel in a forward direction (See Figs. 1B-4);
- two mutually spaced rows of grippers (curved fingers 22, 24) (Figs. 1-5, 6b-6c, 7b-7c, 8b-8c, 9b-9c, 10b-10c; Col. 3, lines 54 to col. 4, line 43) arranged to move relative to the chassis (main frame 2) (Figs. 1B-4; Col. 2, line 65 to col. 3, line 9) along a picking path (see Figs. 1-2) which extends in a front-to-rear direction (see Figs. 1-2, 6-10); and
- actuating means (Col. 3, line 54 to col. 4, line 43) to move the two rows of grippers (curved fingers 22, 24) (Figs. 1-5, 6b-6c, 7b-7c, 8b-8c, 9b-9c, 10b-10c; Col. 3, lines 54 to col. 4, line 43) towards each other at a gripping location positioned along the picking path (see Figs. 1-2) to grip a selected plant (Col. 3, lines 54-60).
However, Dobson does not disclose the harvesting machine comprising:
- two foliage deflectors (4a-d) at the front end of the picking path positioned on opposite sides of the selected plant;
- a foliage shield (40, 41) mounted rearward of each foliage deflector and arranged to be interposed between the selected plant and the adjacent row of grippers and separate the grippers from the selected plant until they reach the gripping location.
Nevertheless, in the same field of endeavor Albarran teaches a harvesting machine (Abstract) comprising:
- two foliage deflectors (roller guides 510) (Fig. 5; Col. 4, lines 24-40) at the front end of the picking path positioned on opposite sides of the selected plant (see Fig. 5);
- a foliage shield (positioning apparatus 504) (Fig. 5; Col. 4, lines 24-40) mounted rearward of each foliage deflector (roller guide 510) (Fig. 5; Col. 4, lines 24-40) and arranged to be interposed between the selected plant and the adjacent row of grippers and separate the grippers from the selected plant until they reach the gripping location.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvester disclosed in Dobson with the foliage deflectors and guides taught in Albarran with a reasonable expectation of success in order to align and position the produce in the ground by harvesting for the harvester, as taught in Albarran (Col. 4, lines 24-40). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvester disclosed in Dobson with the foliage deflectors and guides taught in Albarran with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 2, Dobson in view of Albarran teaches a harvesting machine according to claim 1 (see above). Furthermore, Dobson discloses a harvesting machine (Abstract) wherein control means are provided to match the speed with which the rows of grippers (curved fingers 22, 24) (Figs. 1-5, 6b-6c, 7b-7c, 8b-8c, 9b-9c, 10b-10c; Col. 3, lines 54 to col. 4, line 43) move along the picking path to the speed at which the mobile chassis (main frame 2) (Figs. 1B-4; Col. 2, line 65 to col. 3, line 9) travels in the forward direction (see Figs. 1-2, 6-10) whereby the grippers (curved fingers 22, 24) (Figs. 1-5, 6b-6c, 7b-7c, 8b-8c, 9b-9c, 10b-10c; Col. 3, lines 54 to col. 4, line 43) remain substantially stationary relative to the ground while traveling along the picking path (see Figs. 1-2).
Regarding claim 3, Dobson in view of Albarran teaches a harvesting machine according to claim 1 (see above). Furthermore, Albarran teaches a harvesting machine (Abstract) wherein each foliage deflector (roller guides 510) (Fig. 5; Col. 4, lines 24-40) has a leading nose (front roller of roller guide 510) (Fig. 5; Col. 4, lines 24-40) with an upwardly inclined top surface (upper surface of front roller of roller guide that is upwardly inclined (see Fig. 5).
Regarding claim 4, Dobson in view of Albarran teaches a harvesting machine according to claim 1 (see above). Furthermore, Dobson discloses a harvesting machine (Abstract) wherein, immediately following the picking path (see Figs. 1-2), the rows of grippers (curved fingers 22, 24) (Figs. 1-5, 6b-6c, 7b-7c, 8b-8c, 9b-9c, 10b-10c; Col. 3, lines 54 to col. 4, line 43) are arranged to move along an upwardly inclined path (see Annotated Fig. 1A of Dobson infra).
[AltContent: textbox (Approximate Location of Place where Grippers Release Grip)][AltContent: connector][AltContent: connector][AltContent: textbox (Upwardly Inclined Path)][AltContent: ]
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Annotated Fig. 1A of Dobson.
Regarding claim 5, Dobson in view of Albarran teaches a harvesting machine according to claim 4 (see above). Furthermore, Dobson discloses a harvesting machine (Abstract) wherein the grippers (curved fingers 22, 24) (Figs. 1-5, 6b-6c, 7b-7c, 8b-8c, 9b-9c, 10b-10c; Col. 3, lines 54 to col. 4, line 43) are arranged to release their grip on the selected plant after moving along at least part of the upwardly inclined path (see Annotated Fig. 1A of Dobson supra, 1B; Col. 3, lines 54-66).
Regarding claim 6, Dobson in view of Albarran teaches a harvesting machine according to claim 1 (see above). Furthermore, Dobson discloses a harvesting machine (Abstract) wherein the grippers (curved fingers 22, 24) (Figs. 1-5, 6b-6c, 7b-7c, 8b-8c, 9b-9c, 10b-10c; Col. 3, lines 54 to col. 4, line 43) are connected to an endless conveyor (endless conveyor 20) (Figs. 1A, 1B; Col. 3, line 54 to col. 4, line 43) to travel in a continuous loop (see Figs. 1A, 1B).
Regarding claim 7, Dobson in view of Albarran teaches a harvesting machine according to claim 6 (see above). Furthermore, Dobson discloses a harvesting machine (Abstract) wherein the grippers (curved fingers 22, 24) (Figs. 1-5, 6b-6c, 7b-7c, 8b-8c, 9b-9c, 10b-10c; Col. 3, lines 54 to col. 4, line 43) are pivotably connected to the endless conveyor (endless conveyor 20) (Figs. 1A, 1B; Col. 3, line 54 to col. 4, line 43).
Regarding claim 11, Dobson in view of Albarran teaches a harvesting machine according to claim 1 (see above). Furthermore, Dobson discloses a harvesting machine (Abstract) which includes a cutting device (cutter 12) (Fig. 5, 6a, 7a, 8a, 9a, 10a; Col. 3, lines 33-53) for severing plants from the ground while traveling along the picking path (see Figs. 1-2).
Allowable Subject Matter
Claims 8-10 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. Nos. 3,380,234 to Garrett; 3,485,023 to See; 4,972,662 to Korthuis et al.; 4,211,161 to Jourdan et al.; 4,094,238 to Striplin; 5,174,093 to Rodriguez; 5,799,474 to Ingram; 3,300,954 to Barnes et al.; and U.S. Pat. Pub. Nos. 2018/0035611 to D’Arrigo et al.; and European Pat. Pub. Nos. EP 0 044 602 A1 to Backus and EP 1656826 A1 to Menne; and Int’l. Pat. Pub. No. WO 2005/082033 to Brown; and French Pat. No. 2941841 A1 to Pigeon; and Chinese Pat. Pub Nos. CN 110946003 A to Pang et al.; CN 112690091 A to Shi et al.; and CN 111165166 A to Wang et al. relate to harvesters for lettuce, cabbage and/or other leafy vegetables.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAUDE J BROWN whose telephone number is (571)270-5924. The examiner can normally be reached Mon-Fri 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca can be reached at (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671