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 .
Response to Amendment
This action is in response to Amendments made on 3/5/2026, in which: claims 1-4, 7-10, 16 are amended and claims 5-6, 11-15 are previously presented.
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 1-4, 6, 11-13, 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR20210062318).
Regarding claim 1, Kim discloses, as best understood, a method for thinning fruits and/or flowers belonging to plants located beneath orientable photovoltaic sensors, with a shade from the sun cast onto the plants being adjusted by changing an orientation of the sensors, said method comprising a step of, by virtue of the orientation of the sensors (110), the plants (3) are kept in the shade for a sufficient duration to induce thinning by shading said plants from the sun (page 2 of translation, lines 7-8 state “to install a solar panel on farmland and adjust the angle of the solar panel to form a shade on the crop or to irradiate sunlight to grow crops”).
Regarding claim 2, Kim discloses, as best understood, with the orientation of the photovoltaic sensors (110) being automatically computer-controlled in order to carry out a thinning action (page 2, last line, states “a control algorithm in which the controller 130 adjusts the angle of the solar panel 110).
Regarding claim 3, Kim discloses, as best understood, with the shading applied (based on the set angle of elements 110) to the plants during thinning being regulated at least according to a variety of the plant, meteorological conditions (page 2, lines 24-25 state “the controller rotates the solar panel so that it is horizontal with respect to the ground regardless of rainfall during a strong wind in which the wind direction is greater than or equal to the critical wind direction), an initial load of the plant and production objectives.
Regarding claim 4, Kim discloses, as best understood, wherein a desired abscission is caused while attempting to achieve an optimum maximizing a production of electrical energy with respect to a reference not in combination with the plants (page 2, lines 27-31 state “the farming solar power generation system of the present invention, the crop is irradiated with sunlight in the morning and the shade is formed in the afternoon, thereby increasing the crop yield and quality by optimally controlling the growing environment of the crop. On the other hand, there is an advantage of generating power through solar power generation. In addition, according to the farming solar power generation system of the present invention, when the amount of sunlight is less than or equal to the critical amount of light or during the non-cultivation period of crops, the solar panel always tracks sunlight, thereby increasing the amount of power produced”).
Regarding claim 6, Kim discloses, as best understood, with the photovoltaic sensors (110) being oriented during said duration so as to generate as much shade as possible on the plants to be thinned (page 2 of translation, lines 7-8 state “to install a solar panel on farmland and adjust the angle of the solar panel to form a shade on the crop or to irradiate sunlight to grow crops”).
Regarding claim 11, Kim discloses, as best understood, wherein the shading (page 2 of translation, lines 7-8 state “to install a solar panel on farmland and adjust the angle of the solar panel to form a shade on the crop or to irradiate sunlight to grow crops”) is triggered after full bloom (during growing season).
Regarding claim 12, Kim discloses, as best understood, with an agronomic plant growth model being used to determine when to apply the shading (page 2, last line, states “a control algorithm in which the controller 130 adjusts the angle of the solar panel 110 for shading or sunlight).
Regarding claim 13, Kim discloses, as best understood, with the photovoltaic sensors (110) being positioned on a supporting structure (120) at a suitable height with respect to the plants so as to allow shading thereof at a maximum range (page 2, line 56 states “The support structure 120 supports the solar panel 110 to be positioned at a predetermined height on farmland”).
Regarding claim 15, Kim discloses, as best understood, with the plants (Figs. 4-5) being selected from among fruit trees (3).
Regarding claim 16, Kim discloses, as best understood, a method for cultivating fruit beneath orientable photovoltaic sensors, wherein, a number of fruit or flowers on the plants exceeds a predefined limit detrimental to a desired quality for the fruit and thinning is carried out by implementing the method for thinning as claimed in claim 1 (page 2 of translation, lines 7-8 state “to install a solar panel on farmland and adjust the angle of the solar panel to form a shade on the crop or to irradiate sunlight to grow crops.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR20210062318) in view of Baur (US 9232802).
Regarding claim 5, Kim discloses the invention substantially as set forth above, but does not expressly disclose a mechanical and/or chemical thinning.
However, Baur discloses a thinning method by using a chemical thinning active substance metamitron in addition to agro-chemical substances (Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Kim, by adding a mechanical and/or chemical for thinning, as taught by Baur, for the purpose of enhancing the thinning of the plants to increase fruit weight and production.
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR20210062318) in view of Lerat (FR 3126280).
Regarding claims 7-10, Kim discloses the invention substantially as set forth above, but does not expressly disclose at least one camera being used to acquire images of the plants, with an information processing unit automatically determining the appropriate time for applying shading based on said acquired images, an application for a mobile telephone or a camera being used by an agricultural operator to notify control software of a flowering and/or a fructification state of the plants, wherein the application is configured to automatically geolocate the telephone or the camera, and wherein information is provided concerning the flowering and/or fructification state of the plants while the telephone is in the vicinity of the plants, so as to allow geolocation of the plants for which information is provided concerning the state thereof and wherein at least one photograph of the plants is taken with the mobile telephone or the camera, and wherein this photograph is automatically analyzed in order to deduce at least one item of information therefrom concerning the flowering and/or fructification state.
However, Lerat discloses a similar structure and method having at least one camera (30, wherein element 30 can be a temperature sensor, air hygrometric sensor, soil humidity sensor, rain gauge, anemometer, multispectral cameras, branch size sensor, sap flow sensor, leaf wetness sensor, observation camera or a remotely orientable camera) being used to acquire images of the plants (image of the plant in the cultivation area element 2), with an information processing unit (33) automatically determining the appropriate time for applying shading based on the images (Claim 1), an application for a mobile telephone or a camera being used by an agricultural operator to notify control software of a flowering and/or a fructification state of the plants (Claim 9), wherein the application (Claim 9) is configured to automatically geolocate the telephone or the camera, and wherein information is provided concerning the flowering and/or fructification state of the plants while the telephone is in the vicinity of the plants, so as to allow geolocation of the plants for which information is provided concerning the state thereof and wherein at least one photograph (via element 30) of the plants is taken with the mobile telephone or the camera (A farmer can communicate information through a mobile application that runs on a smart phone and/or tablet. Smart phone and/or tablet geolocation data can be transmitted to computers), and wherein this photograph (30) is automatically analyzed in order to deduce at least one item of information therefrom concerning the flowering and/or fructification state.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Kim, by adding at least one camera being used to acquire images of the plants, with an information processing unit automatically determining the appropriate time for applying shading based on these images, an application for a mobile telephone or a camera being used by an agricultural operator to notify control software of a flowering and/or a fructification state of the plants, wherein the application is configured to automatically geolocate the telephone or the camera, and wherein information is provided concerning the flowering and/or fructification state of the plants while the telephone is in the vicinity of the plants, so as to allow geolocation of the plants for which information is provided concerning the state thereof and wherein at least one photograph of the plants is taken with the mobile telephone or the camera, and wherein this photograph is automatically analyzed in order to deduce at least one item of information therefrom concerning the flowering and/or fructification state, as taught by Lerat, for the purpose of carrying out an image analysis to determine the phenological state of the plant, if it is budding or if it is in a flowering state, which in turn uses the information drawn from the image analysis which is transmitted to the computer and takes the information into consideration to establish the local control rules for the orientation of the photovoltaic sensors.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR20210062318).
Regarding claim 14, Kim discloses the invention substantially as set forth above, but does not expressly disclose the height of the supporting structure being adjustable.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention/application to make the height of the supporting structure adjustable in order to raise or lower the photovoltaic panels to produce more or less shade on the plants, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Response to Arguments
Applicant's arguments filed 3/5/2026 have been fully considered but they are not persuasive.
In response to applicants arguments that Kim fails to describe “a method comprising the steps which by virtue of the orientation of the sensors, the plants are kept in the shade for a sufficient duration to induce thinning by shading said plants from the sun”, examiner respectfully disagrees. The instant invention at claim 1 specifically states plants are shaded by the photovoltaic sensors which incuses thinning of the plants and the method only states that the photovoltaic sensors are oriented to provide shade to the plants. Based on the prior art of Kim (KR20210062318), the plants (3) are shaded from the sun (page 2 of translation, lines 7-8 state "to install a solar panel on farmland and adjust the angle of the solar panel to form a shade on the crop”) by the solar panels/photovoltaic sensors (110) and it is understood that the thinning of plants occurs based on the shading applied to the plants, as applicant stated in the instant invention that shading the plants is what causes thinning. Nothing further has been disclosed that would induce thinning other than applying shade and, as such Kim discloses the stated method as applied above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AARON M RODZIWICZ/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642