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 § 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.
Claims 1-5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2016/182906 (Strnad et al.) in view of WO 2017/049186 (Stroller et al.).
NOTE: The expressions “residue mat” and “residue mat thickness” in the claim are not defined by any structural or procedural technical features in the claim such that the claim merely states “measuring an amount of residue thickness” at geo-referenced locations without specifying what constitutes the “mat”, how “thickness” is determined, or any measurement algorithm/geometry. As a consequence, any restriction of claim 1 to “surface residue mat” and “thickness” in a strict geometrical sense is a matter of interpretation of a skilled person, rather than a limitation imposed by concrete technical claim features.
With regards to claim 1, Strnad et al. discloses a soil imaging system comprising, as illustrated in Figures 1-9, a method of measuring residue mat thickness of residue in a field (e.g. Figure 9; paragraphs [0039]-[0042]) comprising traversing an implement 200 (e.g. row unit; paragraph [0023]) across a field 11; a radar transceiver 100,100-1,100-2,100-3,100a (e.g. work layer sensors, ground-penetration radar subsurface inspection system; paragraphs [0014],[0019]) or a combination of radar transmitter T1 (e.g. transmitter; paragraph [0016]) and a radar receiver R1,R2 (e.g. receivers; paragraph [0016]) is disposed on the implement for sensing residue on the field (e.g. paragraphs [0012]-[0020]); measuring an amount of residue thickness 14 (e.g. paragraph [0042] indicates the phrase “the amount of residue in the trench can be determined” by: defining the trench cross-section, identifying regions corresponding to residue, totaling residue area, and dividing residue area by the trench cross-sectional area. Hence, since a seed trench is formed in the soil of the field during traversal, the residue quantified “in the trench” is residue “in a field” within its broadest interpretation in the claim. Also, crop residue in the trench - paragraphs [0015],[0040]) at geo-referenced locations 310 (e.g. paragraph [0037] indicates soil properties as a numeral value or a spatial map by correlating measurements with geo-referenced location reported by GPS unit for geo-referenced locations; paragraph [0034] indicates GPS unit) in the field (e.g. paragraphs [0012]-[0020]); storing the amount of residue thickness at each geo-referenced location in memory (e.g. paragraph [0037] indicates geo-referenced mapping of measured values where the measured values are retained per location at least for producing the spatial map. Also, a memory in inherently provided in the GPS unit and a predetermined threshold is provided for comparison so a memory has to store the predetermined threshold and other pertinent information - paragraphs [0034],[0036],[0038],[0040],[0047]); spatially displaying with a map on a display 300 (e.g. monitor to display work layer images 110; paragraphs [0033],[0015]) a first amount of residue thickness at a first set of geo-referenced locations and a second amount of residue thickness at a second set of geo-referenced locations for multiple rows across the field (e.g. paragraphs [0042] indicates the amount of residue determined while paragraph [0037] indicates displaying a spatial map of the soil properties at geo-referenced locations in the field associated with each soil property measurement as the planter of the plant row unit 200 transverses along the field to generate a work layer image 110 of the seed trench; Figures 3,7). (See, paragraphs [0011] to [0047]).
The only difference between the prior art and the claimed invention is spatially displaying with a map on a display a first thickness range for the amount of residue thickness at a first set of geo-referenced locations and a second thickness range for the amount of residue thickness at a second set of geo-referenced locations for multiple rows across the field.
Stroller et al. discloses a system for monitoring soil criteria comprising, as illustrated in Figures 1-8, a method of measuring residue mat thickness of residue in a field (e.g. Figure 8) comprising traversing an implement 10 (e.g. tillage implement; paragraph [0013]) across a field 134 (e.g. field having soil clods; paragraph [0016]); a radar transceiver 110 (e.g. instrumentation for monitoring and measuring having 3D Radar GeoScope, MALA Imaging Radar Array System; paragraphs [0015],[0016]) or a combination of radar transmitter and a radar receiver is disposed on the implement for sensing residue on the field (e.g. paragraphs [0012]-[0020]); measuring an amount of residue thickness at geo-referenced locations 114 (e.g. using global positioning system; paragraph [0014]) in the field (e.g. paragraphs [0014]-[0020]); storing the amount of residue thickness at each geo-referenced location in memory (e.g. memory for storing data in relation to GPS coordinates; paragraph [0014]); spatially displaying with a map (e.g. mapping of soil criteria throughout the field; paragraph [0014]) on a display 112 (e.g. display monitor; paragraph [0014]) a first thickness range for the amount of residue thickness at a first set of geo-referenced locations (e.g. along a first row of the field) and a second thickness range for the amount of residue thickness at a second set of geo-referenced locations (e.g. along a second row of the field) for multiple rows across the field (e.g. paragraph [0015] indicates a ground penetrating radar GPR for monitoring and measuring soil surface residue criteria such as percentage of soil covered by crop residue for the claimed limitation of the thickness range for the amount of residue thickness at each location in the field thereby mapping surface residue throughout the field.). (See, paragraphs [0011] to [0077]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing spatially displaying with a map on a display a first thickness range for the amount of residue thickness at a first set of geo-referenced locations and a second thickness range for the amount of residue thickness at a second set of geo-referenced locations for multiple rows across the field as suggested by Stroller et al. to the system of Strnad et al. to have the ability to provide surface residue across the field to extend residue assessment from trench residue to surface residue metrics for field-wide mapping and control. (See, paragraph [0025] of Stroller et al.).
With regards to claim 2, Strnad et al. further discloses displaying on the display 300 (e.g. monitor to display work layer images 110; paragraphs [0033],[0015]) the amount of residue thickness at each geo-referenced location (e.g. geo-referenced locations; paragraph [0036]).
With regards to claim 3, Strnad et al. further discloses displaying on the display 300 (e.g. monitor to display work layer images 110; paragraphs [0033],[0015]) the amount of residue thickness for an individual row as the implement is moved across the field (e.g. paragraphs [0042] indicates the amount of residue determined while paragraph [0037] indicates displaying a spatial map of the soil properties at geo-referenced locations in the field associated with each soil property measurement as the planter of the plant row unit 200 transverses along the field to generate a work layer image 110 of the seed trench; Figures 3,7; paragraphs [0012] to [0020],[0036]).
With regards to claim 4, Strnad et al., modified by Stroller et al., further discloses spatially displaying with a map (e.g. spatial map; paragraphs [0037]) on the display 300 (e.g. monitor to display work layer images 110; paragraphs [0033],[0015]) the first thickness range, the second thickness range, and a third thickness range of the amount of residue thickness for multiple rows (e.g. paragraphs [0042] indicates the amount of residue determined while paragraph [0037] indicates displaying a spatial map of the soil properties at geo-referenced locations in the field associated with each soil property measurement as the planter of the plant row unit 200 transverses along the field to generate a work layer image 110 of the seed trench; Figures 3,7; paragraphs [0012] to [0020],[0036]).
With regards to claim 5, Strnad et al. further discloses the implement is one of a tractor, a planter, a seeder, a tillage tool, a combine, a sprayer, and an agricultural toolbar (e.g. planter, tractor, tillage implements or other implement or vehicle; paragraphs [0036],[0044]).
With regards to claim 13, Stroller et al. further discloses comparing in row versus out of row residual material thickness for rows of a field (e.g. before and after comparison of soil criteria like percentage difference; paragraphs [0014],[0015],[0021],[0026]); based on a residual material thickness parameter, adjusting a row cleaner down force of a planter (e.g. row cleaner actuator is adjusted; paragraphs [0025],[0026]).
Response to Amendment
Applicant’s arguments with respect to claims 1-5 and 13 have been considered but are moot in view of the new ground(s) of rejection and/or because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 Helen C Kwok whose telephone number is (571)272-2197. The examiner can normally be reached Monday to Friday, 7:30 to 4:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HELEN C KWOK/Primary Examiner, Art Unit 2855
Prosecution Insights