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 § 112
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 1-2, 5-19 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 1 recites, “a capture assembly (160) comprising sideboards and a backboard, wherein the sideboards and the backboard each comprise a face oriented at an upwards angle relative to the field or the surface, wherein a bottom surface of the capture assembly (160) comprises an open trough (110) such that the insects impact the face and fall into the open trough (110),” and further recites, “wherein both an inlet of the vacuum system (150) and an outlet of the vacuum system (150) are connected to a bottom surface of the capture assembly (160), to create a closed-loop vacuum system (150)”.
It is unclear based on the specification inconsistences and claim phrasing as to what is being claimed. A trough is defined as a long narrow container that can hold food or water having an open top, it is unclear how the “bottom” is open. The specification indicates the capture assembly 160 includes a collection array 110, the specification does not indicate a trough 110. The specification indicates collection assembly 110 includes “a backboard, one or more sideboards, and a baseboard” in para 0032 however this seemingly contradicts para 0034 which indicates the capture assembly 160 comprising “sideboards and a backboard” and continues to state, “The collection array may sequester grasshoppers that jump into the capture assembly (160) when the system (100) drives on the field or surface”. So does the collection array (understood as 110) include the sideboards and backboard of 160 or is it just the bottom part not including those features. Para 0034 further states, “The bottom surface of the capture assembly (160) comprises an open trough.” Again it is unclear the scope of what is considered element 160 vs. element 110. No element is identified as a trough. It appears from figs. 1 and 2 the element 110 is pointing to only a trough that is open on top and closed on the bottom that connects to the side walls and back walls. However, the claim statement of the vacuum system connected to the “bottom surface” of 160 is further confusing because if the bottom surface of 160 is open then what is the vacuum system connecting to and if connecting to an opening then the system is not a closed loop. As best understood the office assumes the capture assembly 160 includes a trough 110 (assuming 110 is only the bottom part and not the sidewalls and backboard as per the figs. and not as defined by the specification), the trough having an open top at the connection point of the trough to the backboard and sidewalls, the trough being closed on the bottom so as to catch insects, the inlet and outlet of the vacuum system being connected to the trough. Claims 10 and 13 are similarly rejected.
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.
Claim(s) 1, 2, 5, 10-13, are rejected under 35 U.S.C. 103 as being unpatentable over Yao (CN 2105840, previously provided, see English translation previously provided) in view of Szynal (US 4825582).
For claim 1, Yao discloses a grasshopper nymph harvesting system (See Fig. 1, the grasshopper harvesting system is shown to be mounted to the tractor 17) for collecting grasshoppers on a field or surface ("The purpose of the present invention is to provide a grassland locust suction machine, which can control the harm of locusts to grasslands under different varieties and different population densities, is not affected by the grassland climate, does not pollute the environment, and hardly destroys the natural enemies of locusts.", para [0005]), said system comprising:
a. a capture assembly (Fig. 1, baffle plate 1, para [0008]) comprising sideboards (See Fig. 1, the sideboards are shown to be the two vertically extending sidewalls that extend between the top and bottom walls of the baffle plate 1.) and a backboard (See Fig. 1, the backboard is shown to be the horizontally extending bottom wall of the baffle plate 1.), wherein the sideboards and the backboard each comprise a face oriented at an upwards angle relative to the field or the surface (see fig. 1 and 2, backwall is clearly angled relative to surface, side walls, even if straight up vertical are at an angle of 90 deg from the surface which is an angle upwards), wherein a bottom surface of the capture assembly comprises an open trough (trough like structure 1, it is open at one side (can be considered a bottom side), such that the insects impact the face and fall into the open trough (when suck up insects can hit any face and fall back in the trough); wherein a collection array (Fig. 1, suction head 2, para [0008]) is configured to sequester grasshoppers that jump into the capture assembly when the system drives on the field or surface ("At the suction head (2), the negative pressure airflow of 18-26 mis is sucked together, and then it is lifted through the hose (5) and merged to the right collecting delivery pipe (6) and enters the separation chamber (7). Under the action of the guide plate (8), the inhaled locusts and the direction of the air flow change, and the space section of the separation chamber (7) becomes larger", para [0010]);
b. a vacuum system (Fig. 1, hose 5, collecting and conveying pipe 6, suction pipe 18, fan 13, para [0009]) operatively coupled with a bottom surface of the collection array (See Fig. 1, the vacuum system is shown to be coupled to the bottom surface of the collection array when in operation);
c. a storage container (Fig. 1, separation chamber 7, para [0009]), wherein the vacuum system is configured to deliver grasshoppers from the capture assembly to the storage container ("At the suction head (2), the negative pressure airflow of 18-26 mis is sucked together, and then it is lifted through the hose (5) and merged to the right collecting delivery pipe (6) and enters the separation chamber (7). Under the action of the guide plate (8), the inhaled locusts and the direction of the air flow change, and the space section of the separation chamber (7) becomes larger", para [0010l), wherein the storage container is removable (See Fig. 1, the entire system is shown to be mounted to the tractor 17 and known that it is removable from the tractor 17.); and
d. a power source ("When the power output shaft of the tractor rotates at high speed through the coupling (16) and the two-stage pulley speed-increasing transmission (15)" para [0010]; the tractor is shown to have a power source to provide power to the harvesting system.)
Yao is silent about wherein both an inlet of the vacuum system and an outlet of the vacuum system are connected to a bottom surface of the capture assembly, to create a closed-loop vacuum system.
Szynal teaches a vacuum apparatus for capturing insects (abstract and figs.) wherein the inlet (20) and outlet (28) are connected to a bottom surface of the capture assembly (see figs. 2-6, bottom connects fluidically to the both inlet and outlet), to create a closed-loop vacuum system (see fig. 2), wherein the bottom surface of the capture assembly comprises an open trough (60).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of Yao include a closed loop vacuum system, as taught by Szynal, with a reasonable expectation of success, in order to effectively suck up insects.
For claim 2, modified Yao further teaches wherein the vacuum system is operatively coupled with a bottom surface of the capture assembly via one or more vacuum hoses (See Fig. 1, the vacuum system is shown to be coupled to the bottom surface of the collection array when in operation via hoses 2.), wherein an exhaust of the vacuum system is configured to push grasshoppers into an inlet of the vacuum system (Fig. 1 - exhaust 10 of the vacuum system serves to create the negative flow pressure for
pushing grasshoppers into the inlet of the vacuum system pipe 6; conveying pipe 6, para [0009]).
For claim 5, modified Yao further teaches a movable cart, an autonomous vehicle, a tractor (Fig. 1, tractor 17, para [0009]), an ATV type vehicle, a truck, or any vehicle suitable for rural terrain.
For claim 10, Yao teaches a grasshopper nymph harvesting system (See Fig. 1, the grasshopper harvesting system is shown to be mounted to the tractor 17.) for collecting grasshoppers on a field or surface ("The purpose of the present invention is to provide a grassland locust suction machine, which can control the harm of locusts to grasslands under different varieties and different population densities, is not affected by the grassland climate, does not pollute the environment, and hardly destroys the natural enemies of locusts.", para [00051), said system comprising
a vacuum system (Fig. 1, hose 5, collecting and conveying pipe 6, suction pipe 18. fan 13, para
[0009]) comprising a backboard and an open trough (1) such that the insects impact the backboard and fall into the open trough (when suck up insects can hit any face and fall back in the trough) wherein the vacuum system is configured to transfer the grasshoppers nymphs from the open trough to a storage container (Fig. 1, separation chamber 7, para [0009]) without killing the grasshoppers(''Under the action of the guide plate (8), the inhaled locusts and the direction of the air flow change, and the space section of the separation chamber (7) becomes larger, the air flow speed decreases, and the heavier locusts settle to the discharge under the combined action of inertial force and gravity. mouth (9), collect a certain amount and open the discharge port (9) for bagging for drying and crushing into locust powder as high-protein supplementary feed for livestock and poultry.", para [0010]; grasshoppers can be alive).
Yao is silent about wherein both an inlet of the vacuum system and an outlet of the vacuum system are connected to a bottom surface of the capture assembly, to create a closed-loop vacuum system.
Szynal teaches a vacuum apparatus for capturing insects (abstract and figs.) wherein the inlet (20) and outlet (28) are connected to a bottom surface of the capture assembly (see figs. 2-6, bottom connects fluidically to the both inlet and outlet), to create a closed-loop vacuum system (see fig. 2), wherein the bottom surface of the capture assembly comprises an open trough (60).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of Yao include a closed loop vacuum system, as taught by Szynal, with a reasonable expectations of success, in order to effectively suck up insects.
For claim 11, modified Yao further teaches wherein the system is configured to be coupled with a tractor (Fig. 1, tractor 17, para [0009]) or all-terrain vehicle.
For claim 12, modified Yao further teaches wherein the grasshoppers are preserved in a food-grade condition ("Under the action of the guide plate (8), the inhaled locusts and the direction of the air flow change, and the space section of the separation chamber (7) becomes larger, the air flow speed decreases, and the heavier locusts settle to the discharge under the combined action of inertial force and gravity. mouth (9), collect a certain amount and open the discharge port (9) for bagging for drying and crushing into locust powder as high-protein supplementary feed for livestock and poultry.", para [0010]; the grasshoppers are shown to be in a form that is still able to be used as food.).
For claim 13, Yao teaches a grasshopper harvesting system (See Fig. 1, the grasshopper harvesting system is shown to be mounted to the tractor 17) for collecting grasshoppers on a field or surface ("The purpose of the present invention is to provide a grassland locust suction machine, which can control the harm of locusts to grasslands under different varieties and different population densities, is not affected by the grassland climate, does not pollute the environment, and hardly destroys the natural enemies of locusts.", para [0005]), said system comprising:
a vehicle (tractor 17);
a capture assembly (Fig. 1, baffle plate 1, para [0008]) coupled to the vehicle (see fig. 1)
comprising sideboards (See Fig. 1, the sideboards are shown to be the two vertically extending sidewalls that extend between the top and bottom walls of the baffle plate 1.) and a backboard (See Fig. 1, the backboard is shown to be the horizontally extending bottom wall of the baffle plate 1.), wherein
a collection array (Fig. 1, suction head 2, para [0008]) is configured to capture the grasshoppers that jump into the capture assembly when the system drives on the field or surface ("At the suction head (2), the negative pressure airflow of 18-26 mis is sucked together, and then it is lifted through the hose (5) and merged to the right collecting delivery pipe (6) and enters the separation chamber (7). Under the action of the guide plate (8), the inhaled locusts and the direction of the air flow change, and the space section of the separation chamber (7) becomes larger", para [0010]); wherein the sideboards and the backboard each comprise a face oriented at an upwards angle relative to the field or the surface wherein a bottom surface of the capture assembly comprises an open trough (trough like structure 1, it is open at one side (can be considered a bottom side), such that the insects impact the face and fall into the open trough (when suck up insects can hit any face and fall back in the trough) (see fig. 1 and 2, backwall is clearly angled relative to surface, side walls, even if straight up vertical are at an angle of 90 deg from the surface which is an angle upwards);
a plurality of conveyor systems disposed in the bottom surface of the collection array (suction pipes 2 serve as a conveyor systems in the bottom of 1);
a vacuum system (Fig. 1, hose 5, collecting and conveying pipe 6, suction pipe 18, fan 13, para [0009]), configured to apply suction to the collection array such that grasshoppers are transferred from the collection array to the plurality of conveyor systems, wherein the plurality of conveyor systems are configured to deliver the grasshoppers from the collection array to a storage container (Fig. 1, separation chamber 7, para [0009]), wherein the storage container is removable (See Fig. 1, the entire system is shown to be mounted to the tractor 17 and known that it is removable from the tractor 17);
a power source ("When the power output shaft of the tractor rotates at high speed through the coupling (16) and the two-stage pulley speed-increasing transmission (15)" para [0010]; the tractor is shown to have a power source to provide power to the harvesting system.)
Yao is silent about wherein both an inlet of the vacuum system and an outlet of the vacuum system are connected to a bottom surface of the capture assembly, to create a closed-loop vacuum system.
Szynal teaches a vacuum apparatus for capturing insects (abstract and figs.) wherein the inlet (20) and outlet (28) are connected to a bottom surface of the capture assembly (see figs. 2-6, bottom connects fluidically to the both inlet and outlet), to create a closed-loop vacuum system (see fig. 2), wherein the bottom surface of the capture assembly comprises an open trough (60).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of Yao include a closed loop vacuum system, as taught by Szynal, with a reasonable expectations of success, in order to effectively suck up insects.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yao in view of Szynal, as applied to claim 5 above, in further view of Ganmor et al. (US 9532562, hereafter referred to as Ganmor).
For claim 6, modified Yao is silent about wherein the storage container is disposed on the movable cart.
Ganmor teaches an insect harvesting system (abstract and figs.) including a movable cart (100) wherein a storage container is disposed on the movable cart (storage bag 25a).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of modified Yao such that it includes the storage container disposed on the movable cart, as taught by Ganmor, with a reasonable expectation of success, in order to provide a system with an easily accessible and replaceable storage container.
Claim(s) 7, 9, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Yao in view of Szynal, as applied to claim 5, 1, and 13 above, in further view of of Hao (CN 111587866, provided herein, see English translation provided herein).
For claim 7, modified Yao is silent about wherein the storage container is disposed on a trailer behind the movable cart.
Hao teaches a similar grasshopper harvesting system including a movable cart (fig. 1, first wheeled cart holding elements 5, 6, and 7) and a storage container (4) disposed on a trailer behind the movable cart (see fig. 1, element 4 on a separate trailer behind the cart).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of modified Yao such that it includes the storage container on a trailer behind a movable cart, as taught by Hao, with a reasonable expectation of success, in order to provide a system with an easily detachable and replaceable storage container.
For claim 9 and 19, modified Yao is silent about wherein the storage container comprises a shredding component.
Hao teaches a similar grasshopper harvesting system including ("A vehicle for hunting and killing locusts in the field", page 2 paragraph 18) for capturing insects that comprises a shredding component (Fig. 1-2, strangulation module 3, page 2 paragraph 15; "the strangulation module 3, which is arranged in the front section of the fan 7, adopts multi-blade strangulation and is used in conjunction with the capture module 2; the strangulation module 3 is located inside the capture module 2, which can After the locusts are captured and enter the conveying pipeline 8, the locusts are quickly strangulated;", page 3 paragraph 1 ).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of modified Yao such that it includes a shredding component, as taught by Hao, with a reasonable expectation of success, in order grind the insects for later use in feed or otherwise.
For claim 18, modified Yao is silent about wherein the power source is a rechargeable or replaceable battery, gas generator, or power-takeoff (PTO) of the vehicle.
Hao teaches a similar grasshopper harvesting system including ("A vehicle for hunting and killing locusts in the field", page 2 paragraph 18) including a power source that is a gas generator (“diesel generator”).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of modified Yao such that the power source is a gas generator, as taught by Hao, with a reasonable expectation of success, in order to power the system.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yao in view of Szynal, as applied to claim 5 above, in further view of Cogley (US 10091981).
For claim 8, modified Yao is silent about wherein the movable cart is configured to be remotely controlled.
Cogley teaches an insect harvesting system (abstract and figs.) wherein the movable cart is configured to be remotely controlled (see fig. 1, control assembly 300, remote 302).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of modified Yao such that it includes a movable cart having remote control, as taught by Cogley, with a reasonable expectation of success, in order to provide allow for automatic and autonomous collection of insects.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yao in view of Szynal, as applied to claim 13 above, in further view of Elliot (US 2864292).
For claim 14, modified Yao is silent about wherein the vehicle comprises balloon tires.
Elliot teaches a known farm vehicle or tractor (see fig. 1) including balloon tires (balloon wheels 12).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of modified Yao such that it includes balloon wheels as taught by Elliot, with a reasonable expectation of success, in order to distribute the weight of the tractor on soft terrain.
Claim(s) 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yao in view of Szynal, as applied to claim 13 above, in further view of Durand (WO 2007/146332, provided herein)
For claim 15, modified Yao is silent about a sensor operatively connected to the storage container configured to determine a weight or volume of the storage container.
Durand teaches a system for harvesting insects (abstract and figs.) including a sensor operatively connected to the storage container configured to determine a weight or volume of the storage container (para 0098, sensor 230 sensing weight of bag 40).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of modified Yao include a sensor configured to detect the weight of the storage container, as taught by Durand, with a reasonable expectation of success, in order inform a user that the container is full (para 0097-0099 of Durand).
For claim 16, modified Yao further teaches wherein the sensor is operatively connected to a controller (70 of Durand).
Modified Yao is silent about wherein the sensor is operatively connected to a microprocessor.
It would have been an obvious to one having ordinary skill in the art at the time the invention was filed as substitution of functional equivalent to substitute the controller of modified Yao with a microprocessor, in order to analyze and use data from the sensor, with a reasonable expectation of success, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
For claim 17, modified Yao further teaches wherein the microprocessor (controller 70 of Durand as modified above) is configured to cause the system to alert a user when the microprocessor detects that the sensor detects that the storage container is full (para 0098-0099 of Durand) and wherein the system can determine that the device needs to be moved to another location (para 0117 of Durand).
Modified Yao is silent about driving to a particular location when the microprocessor detects that the sensor detects that the storage container is full.
It would have been an obvious to one having ordinary skill in the art at the time the invention was filed to automate the system of modified Yao to drive to a specific location when the container is determined to be full, as it is known in modified Yao that a need for change in location and container status can be sent to the user (para 0098-0099, para 0117 of Durand), as such it would be obvious to automate the process of moving the system to a desired location when the container is full, with a reasonable expectation of success, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192.
Response to Arguments
Applicant's arguments filed 01/05/2026 have been fully considered but they are not persuasive.
Applicant argued that the prior art of record fails to teach the push pull capture system of the claims.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., push pull capture system) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant’s further arguments it is noted that the claims are unclear as per the 112b above. However as best understood Szynal teaches the features as claimed, i.e. an open trough (60, see figs. 4) constitutes a trough and includes sidewalls and a backwall (59a-d) the bottom of the trough being open (see fig. 5 as best understood) and allows for insects to be sucked into the trough and hit any of the walls and fall back down into the trough. The system further including wherein the inlet (20) and outlet (28) are connected to a bottom surface of the capture assembly (see figs. 2-6, bottom connects fluidically to the both inlet and outlet), to create a closed-loop vacuum system (see fig. 2).
The claims do not detail the orientation of the trough with respect to the ground for instance (as best understood from applicant’s figures it appears the closed bottom of the trough is adjacent to the ground and the open part of the trough creates a scoop like structure) nor do the claims detail the inlet and outlet of the vacuum system being the oriented relative the left and right ends of the trough as opposed to a top thereof which appear to be distinguishing aspects of applicant’s invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAGDALENA TOPOLSKI whose telephone number is (571)270-3568. The examiner can normally be reached M-F 9-5.
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/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642