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 .
Notice to Applicant
Claims 1- 8 have been examined in this application. This communication is the first action on the merits. Information Disclosure Statement (IDS) filed 6/14/2024 is acknowledged.
Claim Rejections - 35 USC § 103
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.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Henderson et al., US Patent No. 5653389A, [hereinafter Henderson], in view of McNichols et al., US Publication No. 20200281110A1, [hereinafter McNichols].
Regarding Claim 1,
Henderson teaches
A computing device for determining a nozzle for pesticide and/or biostimulant application, wherein the computing device is configured to; receive an input on windspeed and/or relative humidity of an area where a pesticide and/or biostimulant is to be applied (Henderson Par. 25-The principle objects and advantages of the present invention include: providing a flow rate and droplet size control system for a sprayer; providing such a system which provides for selective and independent control of volumetric flow rate and median droplet size setpoints; providing such a control system which utilizes a setpoint conversion subroutine for maintaining one of the median droplet size and flow rate setpoints while changing the other; providing such a control system which controls a flow rate at least partly by altering the duty cycles of nozzle valves; providing such a control system which utilizes nozzle assemblies with solenoid-activated nozzle valves; providing such a control system which utilizes a programmable controller; providing such a control system which receives input data from an operator; providing such a control system which can be initialized by a user with various field, equipment and operating condition data; providing such a control system which utilizes independently and selectively operable and adjustable nozzle assemblies; providing such a control system which can be mounted on various vehicles including ground vehicles and aircraft; providing such a control system which is adapted to store performance envelopes for multiple nozzle tips; providing such a control system which includes routines and procedures for altering the operating conditions of nozzle assemblies within their performance envelopes; providing such a control system which is adapted for retrofitting on an existing sprayer; providing a spray control method which selectively and independently controls volumetric flow rate and median droplet size setpoints; providing such a spray control method which utilizes a setpoint conversion subroutine step; providing such a spray control method which includes the steps of selectively and independently controlling the output of multiple spray nozzle assemblies; and providing such a spray control method which includes the step of initialization with performance envelopes for multiple spray nozzle tips.”; Fig. 1-10) ;
receive application information comprising crop type to be treated by the pesticide and/or biostimulant, type of pesticide and/or biostimulant to be applied, and crop growth stage, the computing device is further configured to: determine a minimum required drift reduction and/or a suitable droplet size category whilst achieving a desired biological efficiency of the pesticide and/or biostimulant, wherein the minimum required drift reduction and/or droplet size category is based on windspeed and/or relative humidity and the application information (Henderson Fig. 1-10 and related text- Referring to the drawings in more detail, the reference numeral 2 generally designates a flow rate and droplet size control system, and more particularly a system which is adapted for independently and selectively controlling liquid spray material flow rate and droplet size. The flow rate and droplet size control system 2 controls the operation of a spray system 3. Without limitation on the generality of useful applications of the control system 2, it is disclosed in an agricultural spraying application, which involves the use of an agricultural sprayer 4. The spray system 3 is shown in operation in a field 5 which comprises a no-spray zone 5a outside of a first boundary 7a, a first spray zone 5b adjacent to the boundary 7a, and a second spray zone 5c within a second boundary 7b. The spray zones 5b, 5c have different spray deposition requirements, which can be accommodated by the spray control system 2. The field 5 is planted with crops 9.”; Volume median droplet size is particularly significant in operation of the spray system 3 because it directly affects the drift characteristics of the spray 15, with larger droplets tending to fall more directly and thus be less susceptible to wind drift. The volume-weighted droplet size setpoint can comprise a cutoff value, such as 10% or some other fixed percentage, whereby a predetermined percentage of the spray volume emitted by the system 3 would equal or exceed a predetermined minimum volume droplet size. ) ;
receive information on at least one available nozzle for pesticide and/or biostimulant application, and the computing device is further configured to: determine at least one suitable nozzle based on the at least one available nozzle, wherein the at least one suitable nozzle is suitable for applying pesticide at or above the determined minimum required drift reduction and/or at the suitable droplet size category (Henderson Fig. 1-10 and related text; Par. 46- Each spray zone can correspond to predefined operating conditions stored in the control system 202. For example, conditions C1 and C2 (FIG. 7) can correspond to spray zones 5b, 5c, with the control system 202 automatically initiating a condition change when the vehicle leaves one of the spray zones and enters another. The control system 202 can individually control the nozzle assemblies 12. For example, if the vehicle 6 were straddling a spray zone boundary with part of the spray swath in one spray zone and part in another, multiple operating conditions could be simultaneously implemented by the control system 202. As a further example, a relatively low percentage droplet size cutoff (e.g., 10%) may be required adjacent to the no-spray zone 5a to minimize problems associated with potential spray drift. “);
determine at least one workable pressure for each suitable nozzle to deliver pesticide and/or biostimulant at or above the determined minimum required drift reduction and/or at the suitable droplet size category, wherein the at least one workable pressure for each suitable nozzle is determined based on its technical specification (Henderson Fig. 1-10 and related text; Par. 23-In the practice of the present invention, a flow rate and droplet size control system is provided for a spray system which includes a spray liquid source, a discharge pump, a fluid line and a discharge nozzle assembly with a solenoid-activated nozzle valve and a nozzle tip. The control system includes a central application controller which receives input from a variety of peripheral devices for processing to control the operation of the spray system. A setpoint conversion subroutine is provided in the central application controller for independently controlling spray liquid flow rates and droplet sizes. The setpoint conversion subroutine utilizes desired flow rate and volume median droplet size setpoints as inputs and provides outputs which consist of required duty cycle and spray material pressure setpoints, which are implemented by the control system. Multiple nozzle assemblies can be selectively and individually controlled by the control system, and each can be operated at a unique operating condition with corresponding unique flow rate and droplet size setpoints.”) ;
determine at least one workable flow rate of pesticide and/or biostimulant application for each suitable nozzle based on its technical specification (Henderson Fig 1-10 and related text; Par. 23-n the practice of the present invention, a flow rate and droplet size control system is provided for a spray system which includes a spray liquid source, a discharge pump, a fluid line and a discharge nozzle assembly with a solenoid-activated nozzle valve and a nozzle tip. The control system includes a central application controller which receives input from a variety of peripheral devices for processing to control the operation of the spray system. A setpoint conversion subroutine is provided in the central application controller for independently controlling spray liquid flow rates and droplet sizes. The setpoint conversion subroutine utilizes desired flow rate and volume median droplet size setpoints as inputs and provides outputs which consist of required duty cycle and spray material pressure setpoints, which are implemented by the control system. Multiple nozzle assemblies can be selectively and individually controlled by the control system, and each can be operated at a unique operating condition with corresponding unique flow rate and droplet size setpoints. A method of controlling a spray system is provided which includes the steps of providing a spray system with a flow rate and droplet size control system, defining a current or first operating condition corresponding to respective droplet size and flow rate setpoints, and adjusting the operation of the spray system to achieve a subsequent or second operating condition with corresponding droplet size and flow rate setpoints. The operating conditions which can be achieved with the spray system are defined within a particular spray performance envelope which corresponds to one of a plurality of different nozzle tips which can be used with the spray system. A position-responsive spray control system is provided which independently controls volumetric flow rate and droplet size in relation to vehicle positions with respect to predefined spray zones. The spray zones are associated with different spray system operating conditions. The control system can utilize input data such as nozzle tip configurations, spray vehicle characteristics and ambient conditions. The global positioning system (GPS) is utilized with the position-responsive control system for providing position information to the control system through a GPS receiver incorporated therein. A position-responsive method of controlling a spray system includes the steps of providing a spray control system, independently varying volumetric flow rate and droplet size setpoints therewith, and varying at least one of the flow rate and droplet size setpoints in response to a position of the sprayer.”) ;
determine a desired workable flow rate of pesticide and/or biostimulant application based on a driving speed of a vehicle configured to apply the pesticide and/or biostimulant, a water volume and spacing between nozzles (Henderson Fig. 1-10 and related text; Par. 23- The operating conditions which can be achieved with the spray system are defined within a particular spray performance envelope which corresponds to one of a plurality of different nozzle tips which can be used with the spray system. A position-responsive spray control system is provided which independently controls volumetric flow rate and droplet size in relation to vehicle positions with respect to predefined spray zones. The spray zones are associated with different spray system operating conditions. The control system can utilize input data such as nozzle tip configurations, spray vehicle characteristics and ambient conditions. The global positioning system (GPS) is utilized with the position-responsive control system for providing position information to the control system through a GPS receiver incorporated therein. A position-responsive method of controlling a spray system includes the steps of providing a spray control system, independently varying volumetric flow rate and droplet size setpoints therewith, and varying at least one of the flow rate and droplet size setpoints in response to a position of the sprayer.”);
determine the optimal flow rate for each suitable nozzle based on the workable flow rate that is closest to the desired workable flow rate and within a maximum and minimum flow rate dictated by the driving speed of the vehicle configured to apply the pesticide and/or biostimulant (Henderson Fig. 1-10 and related text; A setpoint calculation process 212 is provided for generating the application rate and droplet size setpoints for the application control process 60 by calculating the amount and position of spray deposition, as at 218. A test is conducted against a desired performance at 220 and appropriate adjustment made to the setpoints. The application rate and droplet size setpoints are thereafter calculated at 222. A global positioning system (GPS) unit 208 is provided for determining position, groundspeed and trajectory of the vehicle 6 and transmits data to the setpoint calculation process 212. As the spray vehicle 6 moves, the current spray material application rate and the droplet size spectrum are used by the spray transport model 206, along with the previously described model inputs to predict the position, amount and distribution of the deposition of currently emitted spray. Such predictions are transferred to the rate and droplet size setpoint calculation process 212 which compares the actual performance to the desired performance and adjusts the application rate setpoints and the droplet size setpoints as necessary. “);
Henderson teaches nozzle pesticide application and the feature is expounded upon by McNichols:
determine a recommended nozzle based on the optimal flow rate of the at least one suitable nozzle for applying a pesticide and/or biostimulant for improving plant health based on said input, and send information on the nozzle to a user device. (McNichols Figs. 7-16 and related text; Par. 50-“ Agricultural intelligence computer system 130 is programmed or configured to receive field data 106 from field manager computing device 104, external data 110 from external data server computer 108, and sensor data from remote sensor 112. Agricultural intelligence computer system 130 may be further configured to host, use or execute one or more computer programs, other software elements, digitally programmed logic such as FPGAs or ASICs, or any combination thereof to perform translation and storage of data values, construction of digital models of one or more crops on one or more fields, generation of recommendations and notifications, and generation and sending of scripts to application controller 114, in the manner described further in other sections of this disclosure.”);
Henderson and McNichols are directed to pesticide nozzle application. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have improve upon data analysis of Henderson, as taught by McNichols, by utilizing additional recommendation analysis with a reasonable expectation of success of arriving at the claimed invention. One of ordinary skill in the art would have been motivated to make the modification to the teachings of Henderson with the motivation of improved outcomes based on reports, analysis, and insight tools using on-farm data for evaluation, insights and decisions (McNichols Par. 78).
Regarding Claim 2,
The computing device according to claim 1, wherein the computing device being configured to determine a nozzle for applying a pesticide and/or biostimulant for improving plant health comprises the computing device being configured to determine a nozzle for applying a pesticide and/or biostimulant for optimising biological efficiency of the pesticide and/or biostimulant whilst minimising drift of the pesticide and/or biostimulant (Henderson Fig. 1-10 and related text; Par. 46- Each spray zone can correspond to predefined operating conditions stored in the control system 202. For example, conditions C1 and C2 (FIG. 7) can correspond to spray zones 5b, 5c, with the control system 202 automatically initiating a condition change when the vehicle leaves one of the spray zones and enters another. The control system 202 can individually control the nozzle assemblies 12. For example, if the vehicle 6 were straddling a spray zone boundary with part of the spray swath in one spray zone and part in another, multiple operating conditions could be simultaneously implemented by the control system 202. As a further example, a relatively low percentage droplet size cutoff (e.g., 10%) may be required adjacent to the no-spray zone 5a to minimize problems associated with potential spray drift.”).
Regarding Claim 3,
The computing device according to claim 1, wherein the computing device is further configured to determine a driving speed of a vehicle configured to apply pesticide and/or biostimulant, pressure of pesticide and/or biostimulant application, and/or water volume (Henderson Fig. 1-10 and related text; Par. 17- The control system disclosed therein dispenses fertilizer in accordance with the optimum applications for the different soil conditions encountered in a target field. The spray liquid application rate is automatically adjusted for vehicle speed. ;Par. 38 - The application rate setpoint is input to an application rate calculation 76, which also receives input data comprising a groundspeed measurement 72 of the spray vehicle 6, for example, from a groundspeed measuring device on the vehicle 6 or from a GPS source (as described later), and spray system operating characteristics 74 such as number, spacing and configuration of nozzle tips 14, width and height of boom 10, and other conditions. The spray system operating characteristics 74 are particularly significant when the vehicle 6 comprises an aircraft, which can be located at different altitudes above the field 5. Such spray system characteristics 74 can be derived from the read/write data storage device 34, or provided in any other suitable manner. Field conditions 75 are also input to the application rate calculation 76.”).
Regarding Claim 4,
The computing device according to claim 1, when the computing device is further configured to determine the recommended nozzle based on a rating of the at least one suitable nozzle, wherein the rating is based on the at least one suitable nozzle’s suitability for a specific crop, suitability for a type of pesticide and/or biostimulant, and/or the type or growth stage of the specific crop. (Henderson Fig. 1-10 and related text; Par. 23- In the practice of the present invention, a flow rate and droplet size control system is provided for a spray system which includes a spray liquid source, a discharge pump, a fluid line and a discharge nozzle assembly with a solenoid-activated nozzle valve and a nozzle tip. The control system includes a central application controller which receives input from a variety of peripheral devices for processing to control the operation of the spray system. A setpoint conversion subroutine is provided in the central application controller for independently controlling spray liquid flow rates and droplet sizes. The setpoint conversion subroutine utilizes desired flow rate and volume median droplet size setpoints as inputs and provides outputs which consist of required duty cycle and spray material pressure setpoints, which are implemented by the control system. Multiple nozzle assemblies can be selectively and individually controlled by the control system, and each can be operated at a unique operating condition with corresponding unique flow rate and droplet size setpoints.”).
Regarding Claim 5,
The computing device according to claim 1, wherein the computing device is configured to determine a recommended pressure for applying the pesticide and/or biostimulant based on the optimal flow rate (Henderson Fig. 1-10 and related text; Par. 11-12- A variable throttle valve 24 is provided for controlling pressure in the main 18. Fluid flow rates and pressures are monitored by a flow meter 26 and a pressure transducer 28 respectively. The main 18 communicates with a plurality of boom manifolds 30 each mounted on and extending along a respective boom 10. Each boom manifold 30 mounts a plurality of nozzle assemblies 12 at intervals along the booms 10. Various alternative mounting arrangements could be used for the nozzle assemblies 12, which could be connected to the manifolds 30 by branch lines of suitable lengths. The manifolds 30 selectively fluidically communicate with the nozzle tips 14 through the solenoid-actuated nozzle valves 17. The nozzle assemblies 12 could be connected to multiple throttle valves 24 for selective, individual spray material pressure control whereby each nozzle assembly 12 could discharge spray 15 with a particular volume median droplet size spectrum.; Par. 40- The application rate control subsystem 64 includes a closed-loop flow rate correcting system including the flow controller 78, the nozzle solenoids 16 and the flow meter 26 whereby the flow controller 78 receives an initial or anticipated approximate duty cycle setpoint from the setpoint conversion subroutine 66. Continuous corrections are made to the flow rate by altering the duty cycle signals output to the valve solenoids 16. It will be appreciated that the duty cycle signals transmitted by the flow controller 78 can range from a relatively low or zero percentage of "open nozzle" time to a relatively high percentage, or even a continuously open condition of the nozzle valves 17.”).
Regarding Claim 6,
The computing device according to claim 4, wherein the computing device is configured to determine a recommended driving speed of the vehicle configured to apply the pesticide and/or biostimulant based on water volume and the recommended pressure for each suitable nozzle (Henderson Fig. 1-10 and related text; Par. 17- The spray liquid application rate is automatically adjusted for vehicle speed. Sensors are disclosed for determining malfunctions of the application hardware. However, the application control provided by the Ortlip apparatus occurs only along the direction of travel and not along the boom section.; Par. 23- A position-responsive spray control system is provided which independently controls volumetric flow rate and droplet size in relation to vehicle positions with respect to predefined spray zones. The spray zones are associated with different spray system operating conditions. The control system can utilize input data such as nozzle tip configurations, spray vehicle characteristics and ambient conditions. The global positioning system (GPS) is utilized with the position-responsive control system for providing position information to the control system through a GPS receiver incorporated therein. A position-responsive method of controlling a spray system includes the steps of providing a spray control system, independently varying volumetric flow rate and droplet size setpoints therewith, and varying at least one of the flow rate and droplet size setpoints in response to a position of the sprayer.”).
Regarding Claim 7,
The computing device according to claim 1, wherein the computing device is further configured to determine if the pesticide and/or biostimulant should be applied at all based on windspeed (Henderson Fig. 1-10 and related text; Par. 28- receive input data through the two-way radio 39 by means of the transmitted data interface 41. Although a two-way radio is disclosed as an example of telecommunications means for receiving data for input to the central application controller 32 and for transmitting output data therefrom, other telecommunications devices could be also be employed for receiving and/or transmitting data, such as a wireless modem product produced by John Fluke, Incorporated. of Beaverton, Oreg. Thus, the agricultural sprayer 4 could receive current data broadcast from a remote location, whereby its operating parameters could be continuously updated to account for such changing conditions as temperature, windspeed, wind direction, etc.”).
Regarding Claim 8,
The computing device according to claim 4, wherein the computing device is configured to receive a tuning input for readjusting one of the recommendations of a nozzle, driving speed of the vehicle and pressure, and based on said tuning input the computing device is further configured to adjust the remaining recommendations not included in the tuning input. (Henderson Fig. 1-10 and related text; Par. 23- A method of controlling a spray system is provided which includes the steps of providing a spray system with a flow rate and droplet size control system, defining a current or first operating condition corresponding to respective droplet size and flow rate setpoints, and adjusting the operation of the spray system to achieve a subsequent or second operating condition with corresponding droplet size and flow rate setpoints. The operating conditions which can be achieved with the spray system are defined within a particular spray performance envelope which corresponds to one of a plurality of different nozzle tips which can be used with the spray system. Par. 25.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US Publication No. 20190350187A1 to Kocer et al.- Abstract-“ A configurable nozzle includes a nozzle body having a reception chamber configured to receive an application mixture. The nozzle body includes a nozzle orifice. At least one orifice assembly is coupled with the nozzle body, the at least one orifice assembly includes an orifice plate movably coupled with the nozzle body. The orifice plate extends along at least a portion of the nozzle orifice, and movement of the orifice plate changes one or more of the size or shape of the nozzle orifice. An orifice actuator is coupled with the orifice plate, and the orifice actuator is configured to move the orifice plate.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Chesiree Walton, whose telephone number is (571) 272-5219. The examiner can normally be reached from Monday to Friday between 8 AM and 5 PM. If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Patricia Munson, can be reached at (571) 270-5396. The fax telephone numbers for this group are either (571) 273-8300 or (703) 872-9326 (for official communications including After Final communications labeled “Box AF”).
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Applicants are invited to contact the Office to schedule an in-person interview to discuss and resolve the issues set forth in this Office Action. Although an interview is not required, the Office believes that an interview can be of use to resolve any issues related to a patent application in an efficient and prompt manner.
Sincerely,
/CHESIREE A WALTON/ Examiner, Art Unit 3624
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