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 Objections
Claims 1, 19, and 20 are objected to because of the following informalities: In claim 1, the phrase “at least one manipulating device on the carrier from a group…” is grammatically4e awkward and appears to be missing the phrase “selected from”. In particular, it is suggested the claim is amended to read “at least one manipulating device on the carrier selected from a group…”. Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “carrier” and “connector” in claim 1, “carrier” in claim 19, and “carrier” in claim 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-20 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 written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In the instant case, the specification does not describe the structure corresponding to “carrier” or “connector”.
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.
With respect to claims 1, 19, and 20, claim limitation “carrier” (claims 1, 19, and 20) and “connector” (claim 1) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification only mentions the terms "carrier" and "connector" and does not link any corresponding structure to the terms. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 3 recites the limitation "the clamp elements" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear what clamp elements the claim is referring to and therefore the metes and bounds of the claim are unclear.
Claims 2, 4-18 are rejected for depending from rejected claims 1 and 3.
Claim Rejections - 35 USC § 102
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)(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) 1-8, 10-18, and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wisdom (USP 11,439,065).
Wisdom disclose an agricultural manipulator (1200) configured to perform agricultural processing comprising: a carrier (1230); a connector (1234) arranged on the carrier and configured to connect the manipulator to a robot arm (500); and at least one manipulating device (1202) on the carrier from a group, at least comprising a gripper (1206) and a cutter (1236).
With respect to claim 2, Wisdom disclose wherein the gripper comprises gripper elements of which at least one is moveable relative to the carrier and relative to the other of the gripper elements, to selectively grip, when in a closed position, or release, when in an open position, a portion of a plant between gripping portions of the gripper elements (see figures 12A and 12B and column 39 lines 60-67).
With respect to claim 3, as best understood, Wisdom disclose wherein the carrier comprises a gripper drive connected to the at least one gripper element, that is moveable relative to the other of the clamp elements (see figures 12A and 12B).
With respect to claim 4, Wisdom disclose wherein more than one of the gripper elements is moveable relative to the carrier (see figures 12A and 12B).
With respect to claim 5, Wisdom disclose wherein more than one of the gripper elements is moveable relative to the carrier and wherein the drive is connected to one of the gripper elements that is movable relative to the carrier, wherein a transmission (1210) is arranged between the gripper element that is connected to the drive and at least one other gripper element that is also movable relative to the carrier (see figures 12A and 12B).
With respect to claim 6, Wisdom disclose wherein the at least one gripper element, that is moveable relative to the carrier, is connected to the carrier in a connection from a group, at least comprising: a rotation shaft, pivot (1210), and a slide mechanism.
With respect to claim 7, Wisdom disclose wherein the gripper elements are curved to define a space there between, when in the closed position (see space 1220 in figure 12A).
With respect to claim 8, Wisdom disclose wherein the carrier comprises a cutter drive (1224) connected to the cutter.
With respect to claim 10, Wisdom disclose wherein the cutter is mounted on the carrier through a translation mechanism, configured to selectively advance the cutter towards or withdraw the cutter from the gripping portions of the gripper elements (see column 42 lines 13-34).
With respect to claim 11, Wisdom disclose wherein the translation mechanism is configured to advance the cutter towards or withdraw the cutter from the gripping portions of the gripper elements over sides of the gripper elements (see column 42 lines 13-34, blade moves from the outside of the gripper towards the inside).
With respect to claim 12, Wisdom disclose wherein the cutter comprises a rotary cutter blade (see column 42 lines 13-34).
With respect to claim 13, Wisdom disclose further comprising an image capturing device and a processor, connected with at least one of the gripper and the cutter, and configured to control operation of the at least one of the gripper and the cutter based on captured images acquired through the image capturing device (see column 48 line 49-column 49 line 10).
With respect to claim 14, Wisdom disclose a robot arm (500) comprising a robot arm controller (computing system), wherein the manipulator is mounted on the robot arm via the connector arranged on the carrier (see figures 2, 5, and 12A/12B, wherein manipulator 1200 is mounted to 100 and hence 500).
With respect to claim 15, Wisdom disclose wherein the robot arm is an industrial robot arm (500 is considered industrial).
With respect to claim 16, Wisdom disclose the agricultural manipulator further comprising an image capturing device (see column 15 lines 17-33) and a processor (502), connected with at least one of the gripper and the cutter, and configured to control operation of the at least one of the gripper and the cutter based on captured images acquired through the image capturing device and wherein the image capturing device is mounted on the robot arm (wherein it is mounted on 100 and hence the arm).
With respect to claim 17, Wisdom disclose the agricultural manipulator further comprising an image capturing device (see column 3 lines 53-58) and a processor (502), connected with at least one of the gripper and the cutter, and configured to control operation of the at least one of the gripper and the cutter based on captured images acquired through the image capturing device and wherein the processor is incorporated in the robot arm controller (see column 48 line 49-column 49 line 10).
With respect to claim 18, Wisdom disclose wherein the robot arm controller is positioned remote from the assembly (see figure 5).
With respect to claim 20, Wisdom disclose an agricultural manipulator for perform agricultural processing, comprising: a carrier (1230); and at least one manipulating device on the carrier from a group, at least comprising a gripper (1206) and a cutter (1236); wherein the gripper comprises gripper elements (1206(1) and 1206(2) of which at least one is moveable relative to the carrier and relative to the other of the gripper elements (see figures 12A and 12B), to selectively grip, when in a closed position, or release, when in an open position, a portion of a plant between gripping portions of the gripper elements (see column 39 lines 60-67), wherein the cutter is mounted on the carrier through a translation mechanism, configured to selectively advance the cutter towards or withdraw the cutter from the gripping portions of the gripper elements (see figures 12A and 12B and column 42 lines 1-34).
Allowable Subject Matter
Claim 9 is 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.
Claim 19 is allowed.
With respect to claims 9 and 19, the prior art does not disclose the limitation “wherein the cutter drive is connected with the cutter through the space between the curved gripper elements” and in combination with the other limitations of the claims and therefor these claims are allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE A COY whose telephone number is (571)272-5405. The examiner can normally be reached Monday-Friday 6am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Namrata Boveja can be reached at 571-272-8105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nicole Coy/ Supervisory Patent Examiner, Art Unit 3672