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(b)
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 10, 21 and 22 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.
Regarding claims 10 and 21, the variables “aN” and “DN” are not defined making the equation vague and indefinite. Additionally, “ai” is defined as including “(i = 0,1,2…8)”, however the equation already comprises “a0” and “a1”, so it’s unclear if those variable are to be added again or if “i” is meant to actually start with “2” and go through “8”.
Claim 21 recites the limitation "the system according to claim 9" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of applying prior art, and until otherwise indicated, the Examiner with treat the limitation as though it states “the system according to claim 20”.
Claim 22 recites the limitation "the system according to claim 1" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of applying prior art, and until otherwise indicated, the Examiner with treat the limitation as though it states “the system according to claim 13”.
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)(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.
Claims 1, 2, 8, 9, 11, 13, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0146404 to Borrowman et al. (“Borrowman”).
Regarding claim 1, Borrowman discloses a method for predicting the germination potential of seeds, the method comprising, by a processor:
receiving an image comprising a plurality of seeds (paragraphs 75 and 97-98, wherein an x-ray image of a plurality of seeds is received by the controller);
segmenting the image to identify instance masks associated with the plurality of seeds (paragraph 98, wherein individual seed are identified and segmented); and
for each of the plurality of instance masks:
determining one or more of a plurality of characteristic labels (paragraph 98, wherein relevant feature values are measured and used to determine characteristic labels for each seed (e.g. “weak”, “damaged”, “non-germinating”, “pregerminated”, etc.)), and
determining based on the one or more of the plurality of characteristic labels, a germination potential of a seed associated with that instance mask (paragraph 98, wherein based on the labels seeds a categorized as acceptable or defective, representative of a determination of germination potential).
Regarding claim 2, Borrowman discloses the method according to claim 1, wherein the image is an x-ray image (paragraphs 75 and 97-98, wherein an x-ray image of a plurality of seeds is received by the controller).
Regarding claim 8, Borrowman discloses the method according to claim 1, wherein the plurality of characteristic labels comprise at least one of the following: broken, dehulled, diseased, empty, good, immature, open, OR sprouted (paragraph 98, wherein at least “damaged” corresponds to “broken”).
Regarding claim 9, Borrowman discloses the method according to claim 1, wherein determining, based on the one or more of the plurality of characteristic labels, the germination potential of the seed associated with that instance mask comprises determining the germination potential using a logical regression model (paragraph 92, wherein Logit Boost is the model used to determine labels and germination potential, wherein, as is understood in the art, Logit Boost comprises the use of a logical regression model).
Regarding claim 11, Borrowman discloses the method according to claim 1, wherein determining one or more of the plurality of characteristic labels comprises using a deep learning algorithm (paragraph 92, wherein Logit Boost, corresponding to a “deep learning algorithm”, is used to determine labels).
Regarding claim 13, Borrowman discloses a system, comprising:
a processor (Fig. 1; paragraph 67, wherein the controller comprises a processor); and
a non-transitory computer-readable storage medium comprising programming instructions that are configured to cause the processor to implement a method for predicting germination potential of seeds (Fig. 1; paragraph 67, wherein the controller comprises a processor and memory combination programmed to implement the process disclosed), wherein the programming instructions comprise instructions to cause the processor to:
receive an image comprising a plurality of seeds (paragraphs 75 and 97-98, wherein an x-ray image of a plurality of seeds is received by the controller),
segment the image to identify instance masks associated with the plurality of seeds (paragraph 98, wherein individual seed are identified and segmented), and
for each of the plurality of instance masks:
determine one or more of a plurality of characteristic labels (paragraph 98, wherein relevant feature values are measured and used to determine characteristic labels for each seed (e.g. “weak”, “damaged”, “non-germinating”, “pregerminated”, etc.)), and
determine based on the one or more of the plurality of characteristic labels, a germination potential of a seed associated with that instance mask(paragraph 98, wherein based on the labels seeds a categorized as acceptable or defective, representative of a determination of germination potential).
Regarding claims 19 and 20, please refer to the rejections of claims 8 and 9, respectively, above.
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 12 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0146404 to Borrowman et al. (“Borrowman”) in view of the article “Accurate Machine Learning-Based Germination Detection, Prediction and Quality Assessment of Three Grain Corps” to Genze et al. (“Genze”).
Regarding claim 12, Borrowman discloses the method according to claim 1.
Borrowman does not disclose expressly generating an output comprising a graphical display indicative of, for the image:
a number of seeds associated with each of the plurality of characteristic labels and an average germination potential.
Genze discloses a process for predicting germination that included determining and outputting in a graphical display a number of seeds associated with each of the plurality of characteristic labels and an average germination potential (Fig. 6 and page 5, wherein the number of seeds and average germination time/potential are displayed).
Borrowman & Genze are combinable because they are from the same art of processing images of seed to predict germination potential.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate the technique of determining and outputting in a graphical display a number of seeds associated with each of the plurality of characteristic labels and an average germination potential, as taught by Genze, into the process for predicting the germination potential of seeds disclosed by Borrowman.
The suggestion/motivation for doing so would have been to eliminate the limits of manual counting by producing a curve indicative of the quality of a seed lot (Genze, page 5, “Germination Indices”).
Therefore, it would have been obvious to combine Borrowman with Genze to obtain the invention as specified in claim 12.
Regarding claim 22, please refer to the rejection of claim 12 above.
Allowable Subject Matter
Claims 3-7 and 14-18 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON W CARTER whose telephone number is (571)272-7445. The examiner can normally be reached 8am - 5pm (Mon - Fri).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Villecco can be reached at (571) 272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON W CARTER/Primary Examiner, Art Unit 2661