DETAILED ACTION
This Office action is in response to the Application filed on January 31, 2024, which claims benefit of U.S. Provisional Application No. 63/483675, filed on February 7, 2023. An action on the merits follows. Claims 1-20 are pending on the application.
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 .
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 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.
Drawings
Figure 6 is objected to because it contains portions that are missing or blurry, and therefore are not electronically reproducible. See 37 CFR 1.84(I). Replacement drawing sheets in compliance with 37 CFR 1.84 and 1.121(d) containing figures that are of sufficient quality to be electronically reproduced are required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 18-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 18 recites the limitation “identifying a physical characteristic of the crop being within a first range of values of the physical characteristic” and “identifying the physical characteristic of the crop being within a second range of values of the physical characteristic” in lines 5-12 of the claim.
In order to determine the scope of each “range” of the claimed “first range” and “second range” recited in claim 18, respectively, examiner found in Par. [0010-73] of the specification of this application “identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… the first range of values of the physical characteristic is predetermined prior to the harvester moving through the field. In such examples, the second range of values of the physical characteristic may not be predetermined prior to the harvester moving through the field and can be determined while the harvester moving through the field”.
MPEP 2164.08 indicates that “[a]lthough a specification does not need to describe how to make and use every possible variant of the claimed invention, when a range is claimed, there must be reasonable enablement of the scope of the range.”
However, the claimed “first range” and “second range” terms recited in claim 18 render the claim indefinite because the specification does not provide reasonable enablement for ascertaining the scope of the claimed “first range” and “second range” terms recited in claim 18, as indicated above.
Claim 19 is rejected by virtue of being dependent upon rejected base claim 18.
Claim 20 recites the limitation “identifying a physical characteristic of the crop being within a first range of values of the physical characteristic” and “identifying the physical characteristic of the crop being within a second range of values of the physical characteristic” in lines 5-12 of the claim.
In order to determine the scope of each “range” of the claimed “first range” and “second range” recited in claim 20, respectively, examiner found in Par. [0010-73] of the specification of this application “identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… the first range of values of the physical characteristic is predetermined prior to the harvester moving through the field. In such examples, the second range of values of the physical characteristic may not be predetermined prior to the harvester moving through the field and can be determined while the harvester moving through the field”.
MPEP 2164.08 indicates that “[a]lthough a specification does not need to describe how to make and use every possible variant of the claimed invention, when a range is claimed, there must be reasonable enablement of the scope of the range.”
However, the claimed “first range” and “second range” terms recited in claim 20 render the claim indefinite because the specification does not provide reasonable enablement for ascertaining the scope of the claimed “first range” and “second range” terms recited in claim 20, as indicated above.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 17-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 recites the limitation “identifying a physical characteristic of the crop being within a first range of values of the physical characteristic” and “identifying the physical characteristic of the crop being within a second range of values of the physical characteristic” in lines 5-12 of the claim. However, the claimed “first range” and “second range” terms are not defined by the claim(s).
Par. [0010-73] of the specification of this application indicates “identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… the first range of values of the physical characteristic is predetermined prior to the harvester moving through the field. In such examples, the second range of values of the physical characteristic may not be predetermined prior to the harvester moving through the field and can be determined while the harvester moving through the field”. However, the claimed “first range” and “second range” terms recited in claim 18 are not defined in the specification.
Therefore, based on above rationale, the claimed “first range” and “second range” terms recited in claim 18 render the claim indefinite because the claimed “first range” and “second range” terms are not defined by the claim, and the specification does not provide reasonable enablement for ascertaining the scope of the claimed “first range” and “second range” terms recited in claim 18, as indicated above.
Claim 19 is rejected by virtue of being dependent upon rejected base claim 18.
Claim 20 recites the limitation “identifying a physical characteristic of the crop being within a first range of values of the physical characteristic” and “identifying the physical characteristic of the crop being within a second range of values of the physical characteristic” in lines 5-12 of the claim. However, the claimed “first range” and “second range” terms are not defined by the claim(s).
Par. [0010-73] of the specification of this application indicates “identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… identifying a physical characteristic of the crop being within a first range of values of the physical characteristic… identifying the physical characteristic of the crop being within a second range of values of the physical characteristic… the first range of values of the physical characteristic is predetermined prior to the harvester moving through the field. In such examples, the second range of values of the physical characteristic may not be predetermined prior to the harvester moving through the field and can be determined while the harvester moving through the field”. However, the claimed “first range” and “second range” terms recited in claim 18 are not defined in the specification.
Therefore, based on above rationale, the claimed “first range” and “second range” terms recited in claim 20 render the claim indefinite because the claimed “first range” and “second range” terms are not defined by the claim, and the specification does not provide reasonable enablement for ascertaining the scope of the claimed “first range” and “second range” terms recited in claim 20, as indicated above.
Allowable Subject Matter
Claims 1-17 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to anticipate or render obvious the following limitations as claimed:
In view of claim 1 in its entirety, the further limitations of “… capturing, by a camera mounted to a harvester, images of a crop while the harvester is moving through a crop field, to track varieties of the crop in the field;
determining, by a computing system communicatively coupled to the camera, characteristics of the crop in the images;
determining, by the computing system, whether the determined characteristics deviate from known characteristics of a first variety of the crop;
when the determined characteristics deviate from the know characteristics beyond a threshold, labeling, by the computing system, a portion of the images containing the deviating characteristics as including a second variety of the crop instead of including the first variety of the crop; and
geotagging, by the computing system, the images of the crop according to corresponding locations of the harvester as the images are capture by the camera” as recited in claim 1. Examiner was not able to find art similar to aforementioned limitations recited in claim 1.
Claims 2-17 rare dependent upon claim 1.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUILLERMO M RIVERA-MARTINEZ whose telephone number is (571) 272-4979. The examiner can normally be reached on 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Bee can be reached on 571-270-5183. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GUILLERMO M RIVERA-MARTINEZ/ Primary Examiner, Art Unit 2677
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