DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1 and 21-39 are presented for examination on the merits.
Claim Rejections - 35 USC § 102
2. 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.
3. 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.
4. Claims 1, 21-25, 29-32, 34 and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blackwell (US 20150105965 A1).
As to claim 1, Blackwell discloses in autonomous systems, methods, and apparatus for AG based operations thereof having claimed:
a. a mobile commodity storage system comprising: at least one storage tank configured to store a commodity read on ¶ 0102, (the combine unit 78 may be a normal combine, or can be a self-propelled, autonomous combine unit utilizing a tug or autonomous vehicle of the invention, as will be discussed below. In either sense, the combine unit 78 shown in the figures includes a combine head 79, cab 80, and combine tank 81 for receiving and storing grain, a combine grain auger 82, and combine stover auger 83. As is known, the header 79 is used to direct crop into the internal areas of the combine wherein the grain is separated from the rest of the crop and stored in the tank 81);
b. fill vehicle for loading commodity from the fill vehicle to the mobile commodity storage system read on ¶ 0103, (the tug unit 70 and grain cart 74 can include sensors and other location devices, such as GPS, LIDAR, vision sensors, radio frequency sensors, or the like, and which sensors are used to locate the combine 78 and to position the tug unit 70 and grain cart 74 near said combine 78 in order to be able to receive the grain from the combine within the grain cart).
As to claim 21, Blackwell further discloses:
a. wherein the commodity is an agricultural commodity read on ¶ 0015, (the invention includes systems, methods, and apparatuses for providing autonomous agricultural operations. According to some aspects, the invention includes the use of one or more autonomous vehicles, which vehicles may be known as a tug unit. The tug unit is a self-propelled vehicle that includes a power source, drive system, wheels or tracks, and attachment mechanisms or surfaces).
As to claim 22, Blackwell further discloses:
a. wherein the agricultural commodity is a granular agricultural commodity read on ¶ 0016, ( The tug unit is configured, according to some aspects of the invention, to connect or be equipped with an implement or equipment. For example, the implement or equipment may be agricultural based equipment such as, but not limited to, planting equipment, harvesting equipment, spraying equipment, tilling equipment, bailing equipment, mowing equipment, grain storage equipment, or the like. Furthermore, it is to be appreciated that the invention is not limited to strictly agriculture based operations, and the methods, systems, and apparatuses disclosed herein may also be used in other industries, such as mining, construction, or other domestic operations).
As to claim 23, Blackwell further discloses:
a. a commodity lifting member configured to lift commodity from a location proximate the ground to an elevated opening of the at least one storage tank read on ¶ 0102, (In either sense, the combine unit 78 shown in the figures includes a combine head 79, cab 80, and combine tank 81 for receiving and storing grain, a combine grain auger 82, and combine stover auger 83. As is known, the header 79 is used to direct crop into the internal areas of the combine wherein the grain is separated from the rest of the crop and stored in the tank 81. The grain can then be directed via the auger 82 to a storage vehicle, such as a grain cart 74. The remaining parts of the crop, which may be known as the stover, can then be passed out the stover auger 83 of the combine).
As to claim 24, Blackwell further discloses:
a. wherein the lifting member is position-able read on ¶ 0103, (the tug unit 70 and grain cart 74 can include sensors and other location devices, such as GPS, LIDAR, vision sensors, radio frequency sensors, or the like, and which sensors are used to locate the combine 78 and to position the tug unit 70 and grain cart 74 near said combine 78 in order to be able to receive the grain from the combine within the grain cart. For example, when a combine indicates that the tank 81 is filling with grain, it may emit a signal to convey to a grain cart unit that it needs to unload grain from the combine to the grain cart. The sensors of the grain cart and tug combination can be used to locate the combine and can be used to position the grain cart 74 such that the auger head of the auger 82 is positioned generally above the grain cart 74. The grain cart can then communicate to the combine to begin to pass grain from the combine to the grain cart).
As to claim 25, Blackwell further discloses:
a. wherein the output indicative of position is a visual output read on ¶ 0063, (The intelligent control 19 may also include a location determining system, such as GPS, radar, LIDAR, or the like, in order to control the location of the tug unit 10. Further aspects of the intelligent control 19 may include communication devices, such as Wi-Fi, radio frequency, radar, sensors, Bluetooth, or the like. The communication devices of the intelligent control 19 may be used to further indicate the location of the tug unit 10 relative to additional units or objects/obstructions, the status of the tug unit and/or implement attached thereto, areas where the tug should not navigate, as well as other information).
As to claim 29, Blackwell further discloses:
a. wherein the output is automatically provided to guide the filling vehicle read on ¶ 0104, (weight sensors may be included to prevent roll over of the unit, and to determine when the grain cart is at or near full. If the sensors determine that there is too much weight on one side of the grain cart, the weight sensors can indicate to the tug unit 70 to position the grain cart such that the grain is filling the cart in a different location to prevent roll-over and to ensure that the cart is equally full).
As to claim 30, Blackwell further discloses:
a. wherein the output is also indicative of an orientation of the fill vehicle relative to the mobile commodity storage system read on ¶ 0104, (weight sensors may be included to prevent roll over of the unit, and to determine when the grain cart is at or near full. If the sensors determine that there is too much weight on one side of the grain cart, the weight sensors can indicate to the tug unit 70 to position the grain cart such that the grain is filling the cart in a different location to prevent roll-over and to ensure that the cart is equally full. Furthermore, the weight sensor can indicate that the grain cart is full, and can communicate this to the combine so that the combine stops transporting the grain through the auger to the cart).
As to claim 31, Blackwell further discloses:
a. wherein the controller includes a processor and memory and is configured to programmatically execute instructions to generate the output read on ¶ 0063, (intelligent control 19 may include communication devices, such as Wi-Fi, radio frequency, radar, sensors, Bluetooth, or the like. The communication devices of the intelligent control 19 may be used to further indicate the location of the tug unit 10 relative to additional units or objects/obstructions, the status of the tug unit and/or implement attached thereto, areas where the tug should not navigate, as well as other information. The communication portion of the intelligent control can be utilized to emit the information from the individual tug unit to additional tug units, to a master module, to a master vehicle, or otherwise to basically anywhere designated to receive the information. This information can be used to determine the status of the tug unit and/or equipment attached thereto, estimate time to finish an operation, send alerts, warnings, or other messages, or the like).
As to claim 32, Blackwell further discloses:
a. wherein the processor is configured to identify proximity of the fill vehicle and automatically generate the output read on ¶ 0103, (The tug unit 70 and grain cart 74 can include sensors and other location devices, such as GPS, LIDAR, vision sensors, radio frequency sensors, or the like, and which sensors are used to locate the combine 78 and to position the tug unit 70 and grain cart 74 near said combine 78 in order to be able to receive the grain from the combine within the grain cart. For example, when a combine indicates that the tank 81 is filling with grain, it may emit a signal to convey to a grain cart unit that it needs to unload grain from the combine to the grain cart. The sensors of the grain cart and tug combination can be used to locate the combine and can be used to position the grain cart 74 such that the auger head of the auger 82 is positioned generally above the grain cart 74. The grain cart can then communicate to the combine to begin to pass grain from the combine to the grain cart).
As to claim 34, Blackwell further discloses:
a. wherein the mobile commodity storage system is self-powered read on ¶ 0102, (FIGS. 37-39 indicate an aspect of the invention wherein the tug unit 70 with a grain cart 74 is utilized in combination with a combine unit 78. The combine unit 78 may be a normal combine, or can be a self-propelled, autonomous combine unit utilizing a tug or autonomous vehicle of the invention, as will be discussed below. In either sense, the combine unit 78 shown in the figures includes a combine head 79, cab 80, and combine tank 81 for receiving and storing grain, a combine grain auger 82, and combine stover auger 83. As is known, the header 79 is used to direct crop into the internal areas of the combine wherein the grain is separated from the rest of the crop and stored in the tank 81. The grain can then be directed via the auger 82 to a storage vehicle, such as a grain cart 74. The remaining parts of the crop, which may be known as the stover, can then be passed out the stover auger 83 of the combine).
As to claim 35, Blackwell further discloses:
a. wherein the mobile commodity storage system is autonomous read on ¶ 0102, ( FIGS. 37-39 indicate an aspect of the invention wherein the tug unit 70 with a grain cart 74 is utilized in combination with a combine unit 78. The combine unit 78 may be a normal combine, or can be a self-propelled, autonomous combine unit utilizing a tug or autonomous vehicle of the invention, as will be discussed below).
Claim Rejections - 35 USC § 103
5. 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.
6. 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 of this title, 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.
7. Claim 26-28, 36, 37 and 39 is rejected under 35 U.S.C. 103 as being unpatentable over Blackwel in view of She (US 4645328).
As to claim 26, Blackwel does not explicitly recite wherein the visual output is provided on a mobile device of an operator of the filling vehicle.
However, She cures this deficiency by teaching that it may be beneficial wherein the visual output is provided on a mobile device of an operator of the filling vehicle read on 0030, (the apparatus 111 may comprise a cab computer 115 that is programmed with a cab application, which may comprise a version or variant of the mobile application for device 104 that is further described in other sections herein. In an embodiment, cab computer 115 comprises a compact computer, often a tablet-sized computer or smartphone, with a graphical screen display, such as a color display, that is mounted within an operator's cab of the apparatus 111).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention was filed to incorporate the machine learning techniques for identifying clouds and cloud shadows in satellite imagery of She into Blackwell in order to provide mobile application interacts with location tracking hardware and software on field manager computing device which determines the location of field manager computing device using standard tracking techniques such as multilateration of radio signals, the global positioning system (GPS), WiFi positioning systems, or other methods of mobile positioning.
As to claim 27, She further teaches:
a. wherein the visual output is provided on the ground read on ¶ 0038, ( the agricultural intelligence computer system 130 is programmed to generate and cause displaying a graphical user interface comprising a data manager for data input. After one or more fields have been identified using the methods described above, the data manager may provide one or more graphical user interface widgets which when selected can identify changes to the field, soil, crops, tillage, or nutrient practices. The data manager may include a timeline view, a spreadsheet view, and/or one or more editable programs).
As to claim 28, She further teaches:
a. wherein the visual output is provided on the mobile commodity storage system¶ 0035, (presentation layer 134 may be programmed or configured to generate a graphical user interface (GUI) to be displayed on field manager computing device 104, cab computer 115 or other computers that are coupled to the system 130 through the network 109. The GUI may comprise controls for inputting data to be sent to agricultural intelligence computer system 130, generating requests for models and/or recommendations, and/or displaying recommendations, notifications, models, and other field data).
As to claim 36, Blackwell further discloses:
a. a method of transferring agricultural product between a fill vehicle and a commodity cart, the method comprising: detecting, using with the commodity cart, the fill vehicle within a selected proximity relative to the commodity cart; causing an unmanned aerial vehicle read on ¶ 0118, (the inclusion of communication systems can allow the sprayer to communicate to a CO-OP to indicate that weeds exist. This will allow a tug unit of a CO-OP to automatically go to said precise location to spray to control the weed population. In addition, when a CO-OP operates the tug units with the sprayers, aerial views may be used to indicate field conditions. The aerial views may be obtained by drones or physical pilots and can indicate to the CO-OP areas of high weed location in fields. If high weed concentrations are determined, the tug unit and sprayer combination can be sent out to spray said locations, without damaging known planting locations).
Blackwell does not explicitly recite an unmanned aerial vehicle to launch based on detection of the fill vehicle within the selected proximity of the commodity cart; and causing the unmanned aerial vehicle to generate an output indicating a desired fill vehicle position on the ground.
However, She in image classification using machine learning techniques cures this deficiency by teaching that it may be beneficial an unmanned aerial vehicle to launch based on detection of the fill vehicle within the selected proximity of the commodity cart; and causing the unmanned aerial vehicle to generate an output indicating a desired fill vehicle position on the ground read on ¶ 0076, (sensors 112 that may be used with grain carts include weight sensors, or sensors for auger position, operation, or speed. In an embodiment, examples of controllers 114 that may be used with grain carts include controllers for auger position, operation, or speed. [0077] In an embodiment, examples of sensors 112 and controllers 114 may be installed in unmanned aerial vehicle (UAV) apparatus or "drones." Such sensors may include cameras with detectors effective for any range of the electromagnetic spectrum including visible light, infrared, ultraviolet, near-infrared (NIR), and the like; accelerometers; altimeters; temperature sensors; humidity sensors; pitot tube sensors or other airspeed or wind velocity sensors; battery life sensors; or radar emitters and reflected radar energy detection apparatus; other electromagnetic radiation emitters and reflected electromagnetic radiation detection apparatus. Such controllers may include guidance or motor control apparatus, control surface controllers, camera controllers, or controllers programmed to turn on, operate, obtain data from, manage and configure any of the foregoing sensors).
As to claim 37, She further teaches:
a. wherein the output is provided to an operator of the fill vehicle read on ¶ 0063, (the mobile application as configured for tablet computers or smartphones may provide a full app experience or a cab app experience that is suitable for the display and processing capabilities of cab computer 115. For example, referring now to view (b) of FIG. 2, in one embodiment a cab computer application 220 may comprise maps-cab instructions 222, remote view instructions 224, data collect and transfer instructions 226, machine alerts instructions 228, script transfer instructions 230, and scouting-cab instructions 232).
As to claim 39, Blackwell further discloses:
a. wherein the output also indicates an orientation of the fill vehicle relative to the commodity cart read on ¶ 0064, (the sensors can also be location sensors such that the tug unit 10 can know when it is on level ground, on a side hill, going up or down hill, etc. The location sensors can also determine areas in which the tug unit and/or implement are not to travel, based upon pre-determined and/or programmed data. The sensors can then indicate to actuators or other mechanisms on the tug unit 10 and further to provide a tug unit does not roll over, become stuck, run into an object, or otherwise put itself in an undesirable situation. The sensors could also be used with location determining systems, such as GPS).
8. Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Blackwell in view of Dillon (US 5904365 A).
As to claim 33, Blackwell does not explicitly recite wherein the mobile commodity storage system is configured to be pulled by an agricultural vehicle.
However, Dillon in a grain trailer for extra storage capacity cures this deficiency by teaching that it may be beneficial wherein the mobile commodity storage system is configured to be pulled by an agricultural vehicle read on Col. 4, Lines 26-37, (referring initially to FIG. 1, the innovative integrated assembly is seen to generally include combine (or harvester) 10 and grain trailer (or cart) 12 which are mechanically interconnected by tongue assembly 14. Combine 10 generally includes cab 16 in which the operator is seated, cornhead 18, drive wheel pair 20 and steering wheel pair 22 (only one of each set of wheels being depicted in FIG. 1), primary grain hopper 24, and auger assembly 26 for unloading hopper 24. Such combine is a modem combine with all of the appurtenances and features that combine manufacturers provide today).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention was filed to incorporate the combine with powered and steerable grain trailer of Dillon into Blackwell in order to provide a grain trailer that can be pulled by a combine to easily unload its grain into the grain trailer.
9. Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Blackwell in view of Nagatomo (JP 2019028688 A).
As to claim 38, Blackwell does not explicitly recite wherein the output is projected onto the ground.
However, Nagatomo in a grain trailer for extra storage capacity cures this deficiency by teaching that it may be beneficial wherein the output is projected onto the ground read on Page 1, Para. 4 & Page 2, Para. 7, (these autonomous traveling combiners are provided with an electronic camera that projects the front of the aircraft, and the harvesting operation is performed by harvesting cereals with a reaping device while automatically controlling the traveling device by analyzing the projected field image. As shown in FIGS. 6 and 7, when the electronic camera 3 projects an obstacle such as cocoon 11 and cocoon 12 at the tip of the culm boundary KL, the cutting path R1 is corrected to the inside of the culm boundary KL, and the uncut portion Performs a cutting operation by creating a new cutting path by the machine control unit 4 from the uncut partial video image of the drone 2 after the cutting of the grain cereal area K is completed).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention was filed to incorporate the harvesting system for autonomously-traveling combine harvester of Nagatomo into Blackwell in order to provide farm field image projected by the electronic camera is transmitted to the main unit control unit on the combine side, and the video is analyzed by the main unit control unit.
Citation of pertinent Prior Arts
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 Notice of References Cited.
Conclusion
11. If the claimed invention is amended, Applicant is respectfully requested to indicate the portion(s) of the specification, which dictate(s) the structure/description relied upon to assist the Examiner in proper interpretation of the amended language and also to verify and ascertain the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fekadeselassie Girma whose telephone number is (571) 270-5886. The examiner can normally be reached on Monday thru Friday, 8:30 – 5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta W. Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Fekadeselassie Girma/
Primary Examiner Art Unit 2689
Prosecution Insights