DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 18528161 filed on 12/04/2023.
Claims 1 – 20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on was filed after the mailing date of the 12/04/2023 fully considered by examiner The submission is in compliance with the provisions of 37 CFR 1.97.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 – 10 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pubs 20190150357 – Wu et al. hereinafter as WU
Regarding Claim 1
WU discloses:
A system for monitoring plant or soil characteristics in a crop field, the system comprising:
(a) a prime mover comprising a base( an autonomous or manually controlled machine, fig. 23, platform ~ base fig.24 and para. 0147);
(b) a camera frame operably coupled to the base,( fig. 24 where in the housing 1930 is the camera frame. image sensor mounted to platform ~base. Para. 0141 - the circuit boards 1914, 1916 and the sensors 1910 and 1912 are all enclosed in a housing 1930. The example housing 1930 is half dome
in shape and made of a transparent material) the camera frame comprising:
(i) a central frame; ( fig. 24 , para. 0147 - where in the central frame is ~ bottom plate)(ii) a rotatable frame rotatably attached to the central frame; ( para. 0147 – pivot and to rotate an image sensing unit as well as rotating about the Y axis)
(iii) at least one camera attached to the rotatable frame. ( image sensor on platform 2510 ~ rotatable frame)
Regarding Claim 2
WU discloses:
2. The system of claim 1, wherein the at least one camera is rotatable in relation to the prime mover. ( para. 0070 – where in the camera is on a drone / robot)
Regarding Claim 3
WU discloses claim 2:
3. The system of claim 2, wherein the camera frame is rotatable( para. 0049 – modular unit mounted to a rotatable fixture) in relation to the prime mover. ( para. 0049 - The modular attachment fixtures 1952 may also be bolted or strapped to smaller vehicles (autonomous scout or aerial drone).
Regarding Claim 4
WU discloses claim 1:
4. The system of claim 1, wherein the camera frame further comprises a rotation actuator. ( para. 0147 - motorized servo plate 2514)
Regarding Claim 5
WU discloses claim 1:
5. The system of claim 1, wherein the camera frame is a disk or an arm. ( para. 0147 – arms 2512)
Regarding Claim 6
WU discloses claim 1:
6. The system of claim 1, wherein the at least one camera is angularly movable. ( where in the sensor can pivot / tilt 2500 para. 0147)
Regarding Claim 7
WU discloses claim 6:
7. The system of claim 6, wherein the camera frame comprises an angular adjustment actuator configured to angularly move the at least one camera. ( para. 0145 – where in the image sensor can be tilted at an angle with tolerance)
Regarding Claim 8
WU discloses claim 1:
8. The system of claim 1, further comprising a height adjustment mechanism coupled to the base and the camera frame. (para. 0158 - For example, the attachment fixtures may be designed to be extendable so that they can telescope out to the side of the vehicle or boom)
Regarding Claim 9
WU discloses claim 1:
9. The system of claim 8, wherein the height adjustment mechanism further comprises an actuator and a height sensor, wherein the height sensor is configured to track a position of the camera frame, and wherein the actuator is configured to change a height of the camera frame.
Regarding Claim 10
WU discloses claim 1:
10. The system of claim 1, wherein the prime mover comprises a structure selected from a group consisting of a drone, at least four wheels, and at least one track.(drone or robot, vehicle or small wagon truck that straddle plants)
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable by US PG Pubs 20190150357 – Wu et al. hereinafter as WU US PG Pubs 20220318693 – Zur et al. hereinafter as ZUR
Regarding Claim 11
WU discloses claim 1:
WU discloses of a monitoring crop system that can pivot about the Y axis. However ZUR also discloses of crop monitoring that discloses:
11. The system of claim 1, wherein the at least one camera is configured to rotate up to about 360 degrees about an axis. (para. 0064 - The sensor assembly 20 is preferably mounted onto a raised stabilized platform assembly 30, which preferably provides 360 degree rotation about a vertical axis.)
WU and ZUR are considered analogous to the claimed invention because they are in the same field of endeavor of agricultural apparatuses. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filling date of the applicants invention to have modified WU to incorporate the teachings of ZUR and be about to configure the rotation mechanism to rotate up to 360 degrees about an axis. One would have made this combination to improve the accuracy and monitoring capabilities of the monitoring crop system.
Claim(s) 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20200215865 – Sirault et al. here in after as SIRAULT in view of US PG Pubs 20190150357 – Wu et al. hereinafter as WU
Regarding Claim 12
SIRAULT discloses:
12. A system for monitoring plant or soil characteristics in a crop field, the system comprising: (a) a prime mover comprising at least four wheels and a horizontal bar;(fig. 2 – Horizontal bar 48, 4 wheels - 13) (b) a height adjustment mechanism coupled to the horizontal bar; ( para .0076 – where in the height of the sensor 47 can be adjusted) and (c) a non-rotatable camera frame operably coupled to the height adjustment mechanism, the non-rotatable camera frame comprising at least
SIRAULT discloses a camera attached to the frame for monitoring plants, WU discloses:.
at least two cameras (stereoscopic image sensors in order to provide parallax or depth calculation)
It would obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for SIRAULT’s single camera system to utilize WU’s camera sensor which comprises of a stereoscopic sensor. This would allow SIRAULT to improve depth and distance estimates when determining height and distance while monitoring plants and crops. (Para. 0049 - two or more
image sensors 1910 are spaced apart (e.g. over two inches) to provide parallax or depth calculation)
Regarding Claim 14
SIRAULT discloses:
14. The system of claim 12, wherein the height adjustment mechanism further comprises an actuator and a height sensor, wherein the height sensor is configured to track a position of the non-rotatable camera frame, and wherein the actuator is configured to change a height of the non-rotatable camera frame. ( para. 0105- wherein the controller can enter a desired height an controller the system can calculate to achieve the desired height and send the control signals to the actuators)
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20200215865 – Sirault et al. here in after as SIRAULT in view of US PG Pubs 20190150357 – Wu et al. hereinafter as WU
Regarding Claim 13
SIRAULT discloses:
SIRAULT discloses of a non rotatable camera frame, POCK disclose of camera mount frames are in the shape of a circular disc. POCK discloses:
13. The system of claim 12, wherein the non-rotatable camera frame is a disk. ( para. 0046 – where in the mount 904 is a generally circular shape)
It would be obvious to one of ordinary skill in the art for SIRAULT disclose of a non rotation camera frame to utilize a camera frame that is of a generally circular shape in the shape of a disk as taught by POCK. SIRAULT would utilize this non rotatable camera frame because it would allow SIRAULT in mounting cameras to the system to protect the system from damage since the mounts also include padding and slip resistance material. ( para. 0046)
Claim(s) 15 – 17, and 19 – 20 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20200215865 – Sirault et al. here in after as SIRAULT in view of US PG Pubs 20190150357 – Wu et al. hereinafter as WU in further view of US PG Pubs 20220039339 – Citurs et al . hereinafter as CITURS
Regarding Claim 15
SIRAULT discloses:
15. A system for monitoring plant or soil characteristics in a crop field, the system comprising:
a prime mover comprising a base; ( vehicle has a hub ~ base, 16) (b) a height adjustment mechanism coupled to the base comprising a height adjustment actuator and a height sensor; ( para. 0092- hub actuator 91) and (c) at least one camera frame operably coupled to the height adjustment mechanism, the at least one camera frame comprising: (i) a central frame; ( Fig. 2 The horizontal frame - 48 is the central frame)
wherein the height sensor is configured to sense a height of the at least one camera frame and the height adjustment actuator is configured to change the height of the at least one camera frame. ( para. 0105- a desired height an controller the system can calculate to achieve the desired height and send the control signals to the actuators)
SIRAULT discloses of a camera frame being the central frame, but doesn’t explicitly disclose a rotatable frame as disclosed in WU:
(ii) a rotatable frame rotatably attached to the central frame; (fig. 24, para. 0147 platform2510 attached directly to attachment fixture( central frame) ) (iii) a rotatable frame actuator configured to rotatably move the rotatable frame relative the central frame; (fig. 24, para. 0147 – tilt pivot and rotate that rotates about the Y axis., actuator is a micro servo motor to pivot platform2510, ) and (v) at least one camera attached to the rotatable frame( sensor connected to the platform 2510),
It would obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for SIRAULT’s single camera system to utilize WU’s camera sensor which comprises of a stereoscopic sensor. This would allow SIRAULT to improve depth and distance estimates when determining height and distance while monitoring plants and crops. (Para. 0049 - two or more
image sensors 1910 are spaced apart (e.g. over two inches) to provide parallax or depth calculation)
SIRAULT / WU discloses of monitoring plants and determining a rotational camera frame and height sensor , CITURS disclose of an agricultural implement that can determine rotational speed of and cameras
CITURS discloses:
(iv) a rotation sensor configured to track a rotation speed of the rotatable frame;( para. 0045 – rotational speed sensor)
SIRAULT / WU are considered analogous to the claimed invention because they are in the same field of endeavor of agricultural equipment. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filling date of the claimed invention to have modified SIRAULT to incorporate the teachings of CITURS and combine the rotation sensor configure to track a rotation speed of the rotatable frame. One would have made this combination to enhanced the effectiveness and accuracy of determining speed.
Regarding Claim 16
SIRAULT / WU / CITURS discloses claim 15:
WU discloses the combination of a rotatable frame as taught in claim 15:
16. The system of claim 15, wherein each camera comprises a downward angular position relative the rotatable frame ranging from about 30 degrees to about 60 degrees. ( para. 0145 - tilt angle)
WU discloses a downward angular position relative the rotatable frame are known to be for controlling the position of a camera sensor for different environments and improved calibration( para. 0089). As a result, the degrees of rotation for the angular position relative of the rotatable frame can be seen as a results effective variable.
Regarding Claim 17
SIRAULT / WU / CITURS discloses claim 15:
WU discloses the combination of a rotatable frame as taught in claim 15:
17. The system of claim 15, wherein the rotatable frame actuator comprises a motor gear rotatably coupled to the rotatable frame. (para. 0147 - wherein the micro servo has gears to rotate the rotatable frame)
Regarding Claim 19
SIRAULT / WU / CITURS discloses claim 15:
CITURS discloses the rotation speed on the rotation sensor as disclosed in claim 15
19. The system of claim 15, wherein the at least one camera frame can rotate from about 0.1 rpm to about 100 rpm. (para. 0045 - rotational speed)
CITURS discloses of determining a rotational speed on the rotation sensor and such are known to be for controlling the speed for different environments and maximizes work efficiency (Paragraphs 0080, 0098). As a result, the rotational speed is relative and can be seen as a results effective variable.
Regarding Claim 20
SIRAULT / WU discloses claim 15:
SIRAULT discloses of a vehicle that can monitor plants and determine the vehicle speed and further discloses:
20. The system of claim 15, wherein the prime mover comprises a speed wheel configured to track a ground speed of the prime mover, ( para. 0063 – where in the vehicle has the ability to determine the speed and direction of vehicle)
CITURS disclose the rotational speed sensor disclosed above in claim 15
the speed wheel being in communication with the rotation sensor, the rotation sensor being configured to change the rotation speed in response to the ground speed.( para . 0079 – wherein the speed on the wheels is determine through the rotation of the wheels speed sensor)
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20200215865 – Sirault et al. here in after as SIRAULT in view of US PG Pubs 20190150357 – Wu et al. hereinafter as WU in further view of US PG Pubs 20220039339 – Citurs et al . hereinafter as CITURS in further view of US PG Pubs 20220318693 – Zur et al. hereinafter as ZUR
Regarding Claim 18
SIRAULT / WU / CITURS discloses claim 15:
SIRAULT / WU / CITURS discloses of a monitoring crop system that can pivot about the Y axis. However ZUR also discloses of crop monitoring that discloses:
18. The system of claim 15, wherein the at least one camera frame is configured to rotate 360 degrees. (para. 0064 - The sensor assembly 20 is preferably mounted onto a raised stabilized platform assembly 30, which preferably provides 360 degree rotation about a vertical axis.)
SIRAULT / WU / CITURS and ZUR are considered analogous to the claimed invention because they are in the same field of endeavor of agricultural apparatuses. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filling date of the applicants invention to have modified WU to incorporate the teachings of ZUR and be about to configure the rotation mechanism to rotate up to 360 degrees about an axis. One would have made this combination to improve the accuracy and monitoring capabilities of the monitoring crop system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
20220183216 – MCDONNELL – above and below ground autonomous sensor
20140236381 – Anderson – crop sensing display
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/A.H.T/Examiner, Art Unit 3671
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676