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 .
This action is in response to the applicant’s communication filed on 6/6/2024
Claims 1-10 are pending
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Rejections - 35 USC § 112
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.
Claim 1 recites the limitation "the expected flow rate" in bullet point b). There is insufficient antecedent basis for this limitation in the claim.
Claim 1 also recites the limitation “the supply means” in line 3. There is insufficient antecedent basis for this limitation in the claim. Although claim 1 previously recites “means for supplying said nozzle with liquid”, it is unclear whether “the supply means” refers to the previously recited “means for supplying said nozzle with liquid” or to another supply-related structure. Therefore, the scope of the claim is unclear.
Claim 8 recites the limitation "the treatment product" in the 6th bullet point. There is insufficient antecedent basis for this limitation in the claim.
Claim limitation “means for supplying” in claims 1 and 8 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. No association between the structure and the function can be found in the specification. 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 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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Houssard et al. EP 4108057 A1 (hereinafter Houssard) in view of Grimm et al. USPGPUB 2010/0032492 A1 (hereinafter Grimm).
Regarding claim 1, Houssard teaches a method for controlling the fluid circulation in a spraying system (Par. [0001], “The present invention relates to the field of electronics and more particularly to the field of pressure and flow regulation systems for sprayers”), said system comprising a spray boom comprising at least one spray nozzle (Par. [0028], “a spray boom comprising a plurality of nozzles capable of spraying the liquid”), means for supplying said nozzle with liquid (Par. [0028], “a reservoir containing a liquid to be sprayed (for example a phytosanitary liquid) … a spray circuit connecting the tank and the boom in a loop”; Par. [0033], “a pump located downstream of said circuit on the inlet loop between the tank and the spray boom, the pump being capable of injecting the liquid into the spray circuit at a determined flow rate”; Par. [0068], “The regulation valve 52 is located upstream of the circuit 30 (that is to say on the return loop 32 of the circuit 30) between the spray boom 20 and the tank 10.” – Houssard’s spray circuit, pump, regulation valve, return loop, and associated fluid conduits are interpreted as the claimed “means for supplying”.) and at least one control unit configured to control the supply means according to a setpoint value of the supply pressure at which said at least one nozzle is supplied with liquid (Par. [0028], “a control unit capable of controlling each nozzle independently of one another for nozzle-to-nozzle spraying.”; Par. [0075], “processor of the central unit 54 then processes the signal received and, depending on the regulation model, determines control instructions to send them to the valve 52 in order to activate its opening or closing and ensure constant pressure. in the spray circuit 30.”; Par. [0079], “The central unit 54 is therefore capable of controlling the regulation valve 52 as a function of a pressure measurement at the inlet of the ramp in order to maintain a determined target flow rate at the outlet of each nozzle 21”), said spraying system comprising at least one pulse-width modulation generator of at least one control signal (Par. [0042], “the variable flow nozzles are thus electrically controlled by the control unit using PWM technology capable of varying the flow rate of each nozzle by modulating the opening duration during an opening/closing cycle of said nozzle”) and at least one pressure sensor (Fig.1, Par. [0073], “pressure sensor 53 is therefore positioned at the inlet of the boom 20, between the pump 51 and the spray boom 20.”), said method comprising the following steps:
a) setting a reference supply pressure of said at least one nozzle (Par. [0078], “In this example, it is planned to maintain the flow rate at the outlet of each nozzle 21 at approximately 0.3 liters per minute with a pressure of 3 bars in circuit 30.”);
d) spraying a liquid, using the reference pressure as the setpoint supply pressure of said at least one nozzle and measuring the supply pressure of said at least one nozzle (Par. [0079], “The central unit 54 is therefore capable of controlling the regulation valve 52 as a function of a pressure measurement at the inlet of the ramp in order to maintain a determined target flow rate at the outlet of each nozzle 21” – reference pressure is understood as the reference pressure set in step a));
e) measuring by means of a flowmeter a flow rate of liquid supplying the boom (Par. [0088], “first flow meter 55 measures the first flow rate in the spray circuit 30 at the boom inlet.”);
f) determining the outgoing liquid flow rate of liquid leaving said at least one nozzle (Par. [0090], “the central unit 54 will therefore receive the first and second flow rates measured respectively at the inlet and outlet of the ramp, then calculate, based on these measured flow rates, an opening time for each of the nozzles to reach the target flow rate in nozzle outlet.” – the outgoing liquid flow rate is determined from the difference between the measured inlet flow rate and the measured outlet/return flow rate.);
g) modifying the control of the pulse-width modulation generator according to a comparison between the determined outgoing liquid flow rate and the expected flow rate (Par. [0099] – [0100], “These opening times are calculated by the central unit 54 which will process the flow information coming from the first 55 and second 56 flow meters and the desired flow setpoint for each PWM nozzle. The calibration is transformed into a chart by unit 54, which allows the system, depending on a flow rate in the main circuit and a pressure in this circuit, to precisely control in PWM the nozzle(s) open at the desired flow rate/pressure” – The measured flow information from the first and second flow meters corresponds to the determined outgoing liquid flow rate, and the desired flow setpoint corresponds to the expected flow rate. In order to calculate an opening time that causes the nozzle to reach the desired flow rate, the central unit compares the determined/measured flow to the desired/expected flow.).
Houssard does not explicitly teach b) calculating a percentage of flow rate reduction to be applied according to said reference pressure by means of said control unit, said percentage of flow rate reduction corresponding to the expected flow rate; then
c) generating a control signal corresponding to said expected flow rate, by means of said control unit.
However, Grimm teaches b) calculating a percentage of flow rate reduction to be applied by means of said control unit, said percentage of flow rate reduction corresponding to the expected flow rate (Par. [0007], “system includes a plurality of individually controlled valves, such as pulse width modulated valves”; Par. [0009], “rate that the liquid agricultural product is emitted from each valve can be based upon a duty cycle percentage that is controlled by the controller … In order to control the individual valves, the controller can then be configured to multiply the flow factor for each valve by the corporate duty cycle percentage for calculating the duty cycle percentage for each individual valve.” – said reference pressure is taught by Houssard in the combined invention. Multiplying the flow factor by the duty cycle percentage is interpreted as calculating.); then
c) generating a control signal corresponding to said expected flow rate, by means of said control unit (Par. [0042], “Since the on/off pulse ratio of each valve highly predicts the relative flow from each valve or nozzle, a control signal can be used without any feedback nor calibration to provide accurate distribution schemes within the overall global control parameters provided by these existing commercially available flow and pressure control systems.”; Par. [0059], “the valve 260 is in communication with an actuator 246. The actuator 246 pulsates between an open position and a closed position according to a duty cycle percentage … The duty cycle controls the flow rate of the fertilizer through the dispensing tubes in a rapid on/off manner.” – Grimm’s duty-cycle percentage is a PWM control signal corresponding to the expected/desired flow rate).
Houssard and Grimm are analogous art because they are from the same field of endeavor and contain functional similarities. They both relate to agricultural sprayers and techniques for controlling flow from individual nozzles using pulse width modulated valves.
Therefore, at the time of effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the above PWM nozzle opening time, as taught by Houssard, and incorporate calculating duty-cycle percentages for controlling the PWM nozzles, as taught by Grimm.
One of ordinary skill in the art would have been motivated to improve individual nozzle flow control and achievement of pressure objectives, as suggested by Grimm (Par. [0042]).
Regarding claim 2, the combination of Houssard and Grimm teaches all the limitations of the base claims as outlined above.
Houssard further teaches following the step e) and before the step f), a step e') of measuring a continuous circulation return flow rate by means of a further flowmeter, the step f) then being performed by the difference between the measured supply flow rate and the measured continuous circulation return flow rate (Par. [0087] – [0089], “it is planned to equip the regulation means 50 with two flow meters 55 and 56 … the first flow meter 55 located downstream of circuit 30 on the inlet loop 31; such a first flow meter 55 measures the first flow rate in the spray circuit 30 at the boom inlet. The second flow meter 56 is located upstream of circuit 30 on return loop 32; such a second flow meter 56 therefore measures here the second flow rate in the spray circuit 30 at the boom outlet.” – Return loop 32 is a continuous circulation return path, and the second flow meter 56 located on return loop 32 measures the flow rate in that return path, which corresponds to the claimed continuous circulation return flow rate; Par. [0095] - [0096], “In this example, the total spray flow (desired) is 3.5 liters per minute. We therefore understand here that the first flow meter 55 measures here at the ramp entrance a flow rate of 60 liters per minute and that the second flow meter 56 measures at the ramp exit a flow rate of 56.5 liters per minute (60 liters per minute - 3. 5 liters per minute).” – difference calculation is shown in this example. Houssard teaches the claimed sequence because the central unit first receives the inlet/supply flow rate and the outlet/return flow rate, and then calculates based on those measured flow rates. The return flow measurement must occur before the difference calculation because the difference calculation requires both measured values.).
Regarding claim 3, the combination of Houssard and Grimm teaches all the limitations of the base claims as outlined above.
Houssard further teaches wherein the spray boom of the spraying system comprises a plurality of spray nozzles (Par. [0028], “spray boom comprising a plurality of nozzles capable of spraying the liquid”) and the outgoing liquid flow rate determined in the step f) is determined for the entire boom (Par. [0045] – [0046], “a first flow meter located downstream of the circuit on the inlet loop, the first flow meter being able to measure a first flow rate in the spray circuit at the boom inlet; And a second flow meter located upstream of the circuit on the return loop, the second flow meter being capable of measuring a second flow rate in the spray circuit at the boom outlet. Preferably the central unit is configured to receive the first and second flow rates measured respectively at the inlet and at the boom outlet and calculate, based on the measured flow rates, an opening time for each of the nozzles to reach the target flow rate at the nozzle outlet.”; Par. [0095] – [0096], “In this example, the total spray flow (desired) is 3.5 liters per minute. We therefore understand here that the first flow meter 55 measures here at the ramp entrance a flow rate of 60 liters per minute and that the second flow meter 56 measures at the ramp exit a flow rate of 56.5 liters per minute (60 liters per minute - 3. 5 liters per minute).” – the calculated 3.5 liters per minute is determined for the entire boom).
Regarding claim 4, the combination of Houssard and Grimm teaches all the limitations of the base claims as outlined above.
Houssard further teaches wherein a pulse-width modulation generator of at least one control signal is associated with each of the nozzles of the plurality of spray nozzles (Par. [0099], “These opening times are calculated by the central unit 54 which will process the flow information coming from the first 55 and second 56 flow meters and the desired flow setpoint for each PWM nozzle.”; Par. [0101], “unit 54 calculates specific opening times for each nozzle. This information is then transmitted to the nozzles for real-time spraying with a calculated opening time ensuring a precise flow rate for each of them.”).
Regarding claim 7, the combination of Houssard and Grimm teaches all the limitations of the base claims as outlined above.
Houssard further teaches wherein said method is implemented automatically by means of a computer (Par. [0004], “coupling with a computer for a sprayer in order to regulate the pressure in the circuit of the spreading booms and to maintain constant the flow rate at the outlet of each nozzle”; Par. [0015], “include a central computer capable of controlling in real time and independently four -twenty-six nozzles fixed on the ramp”).
Regarding claim 8, the combination of Houssard and Grimm teaches all the limitations of the base claims as outlined above.
Houssard further teaches a spraying system on-boarded on a rolling machine for the implementation of a method according to claim 1 (Fig. 3, Par. [0053], “schematic view showing a spreading vehicle comprising a nozzle-to-nozzle spraying system conforming to [Fig. 1]”), said spraying system comprising:
at least one tank of liquid to be sprayed (Par. [0028], “a reservoir containing a liquid to be sprayed (for example a phytosanitary liquid)”);
at least one spray boom comprising at least one spray nozzle (Par. [0028], “spray boom comprising a plurality of nozzles capable of spraying the liquid”);
means for supplying the boom from said tank (Par. [0028], “a spray circuit connecting the tank and the boom in a loop”; Par. [0033], “a pump located downstream of said circuit on the inlet loop between the tank and the spray boom, the pump being capable of injecting the liquid into the spray circuit at a determined flow rate” - The spray circuit, pump, regulation valve, return loop, and associated fluid conduits are interpreted as the claimed “means for supplying”);
a pulse-width modulation generator of at least one control signal (Par. [0042], “the variable flow nozzles are thus electrically controlled by the control unit using PWM technology capable of varying the flow rate of each nozzle by modulating the opening duration during an opening/closing cycle of said nozzle”);
a sensor for measuring the pressure of the liquid in a duct supplying the boom (Par. [0035], “pressure sensor located downstream of the circuit on the inlet loop; such a pressure sensor is able to measure a pressure in the spray circuit at the inlet of the spray boom.”);
a flowmeter configured to measure the flow rate of the treatment product supplying the boom (Par. [0045], “a first flow meter located downstream of the circuit on the inlet loop, the first flow meter being able to measure a first flow rate in the spray circuit at the boom inlet”);
a control unit configured to:
determine the outgoing liquid flow rate of liquid leaving said at least one nozzle (Par. [0046], “central unit is configured to receive the first and second flow rates measured respectively at the inlet and at the boom outlet and calculate, based on the measured flow rates, an opening time for each of the nozzles to reach the target flow rate at the nozzle outlet.”);
determine a setpoint value of the supply pressure at which the boom is supplied with liquid to be sprayed according, on the one hand, to a setpoint value of a flow rate of liquid to be sprayed and, on the other hand, to the determined outgoing liquid flow rate (Par. [0029], “regulation means configured to maintain a constant pressure in the spray circuit so as to maintain a constant target flow rate determined at the outlet of each nozzle.”; Par. [0090], “Thanks to the first 55 and the second 56 flow meters, it is then possible to control the flow rate which passes through the open nozzle(s) and, thanks to the pressure sensor 53, it is possible to control the ideal pressure (example 3 bars) in the circuit”; Par. [0099]-[0100], “These opening times are calculated by the central unit 54 which will process the flow information coming from the first 55 and second 56 flow meters and the desired flow setpoint for each PWM nozzle. The calibration is transformed into a chart by unit 54, which allows the system, depending on a flow rate in the main circuit and a pressure in this circuit, to precisely control in PWM the nozzle(s) open at the desired flow rate/pressure.”); and
control the means for supplying the boom according to the pressure setpoint value (Par. [0033], “the regulation means comprise: a pump located downstream of said circuit on the inlet loop between the tank and the spray boom, the pump being capable of injecting the liquid into the spray circuit at a determined flow rate; And a regulation valve located upstream of the circuit on the return loop between the spray boom and the tank, the regulation valve being able to regulate the pressure in the spray circuit”; Par. [0036], “the regulation means comprise a central unit capable of receiving information relating to the pressure measured by the pressure sensor and of controlling the opening and closing of the regulation valve to maintain a constant pressure in the circuit”; Par. [0075], “The processor of the central unit 54 then processes the signal received and, depending on the regulation model, determines control instructions to send them to the valve 52 in order to activate its opening or closing and ensure constant pressure. in the spray circuit 30” – Houssard’s spray circuit, pump, regulation valve, return loop, and associated fluid conduits are interpreted as the claimed “means for supplying”).
Regarding claim 9, the combination of Houssard and Grimm teaches all the limitations of the base claims as outlined above.
Houssard further teaches a further continuous circulation return flowmeter, the control unit then determining the outgoing liquid flow rate of liquid leaving said at least one nozzle as the difference between the flow rate of liquid supplying the boom measured by the flowmeter and the continuous circulation return flow rate measured by the further flowmeter (Par. [0087] – [0089], “To do this, it is planned to equip the regulation means 50 with two flow meters 55 and 56. As illustrated in [Fig.2], the first flow meter 55 located downstream of circuit 30 on the inlet loop 31; such a first flow meter 55 measures the first flow rate in the spray circuit 30 at the boom Inlet. The second flow meter 56 is located upstream of circuit 30 on return loop 32; such a second flow meter 56 therefore measures here the second flow rate in the spray circuit 30 at the boom outlet”; Par. [0046], “central unit is configured to receive the first and second flow rates measured respectively at the inlet and at the boom outlet and calculate, based on the measured flow rates, an opening time for each of the nozzles to reach the target flow rate at the nozzle outlet.” –Return loop 32 is a continuous circulation return path, and the second flow meter 56 located on return loop 32 measures the flow rate in that return path, which corresponds to the claimed continuous circulation return flowrate measured by the further flowmeter.).
Regarding claim 10, the combination of Houssard and Grimm teaches all the limitations of the base claims as outlined above.
Houssard further teaches wherein the spray boom comprises a plurality of spray nozzles, a pulse-width modulation generator of at least one control signal being associated with each of the nozzles of the plurality of spray nozzles (Par. [0028], “spray boom comprising a plurality of nozzles capable of spraying the liquid … a control unit capable of controlling each nozzle independently of one another for nozzle-to-nozzle spraying.”; Par. [0097], “To vary the flow rate in each of the nozzles 21, the system varies the PWM opening times of the nozzles and adjusts the pressure of the circuit using the regulation valve 52 (rapid or PWM type)”).
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Houssard et al. EP 4108057 A1 (hereinafter Houssard) in view of Grimm et al. USPGPUB 2010/0032492 A1 (hereinafter Grimm), and further in view of Ballu et al. EP 2705751 A1 (hereinafter Ballu).
Regarding claim 5, the combination of Houssard and Grimm teaches all the limitations of the base claims as outlined above.
Grimm further teaches wherein the boom comprises at least two boom sections, each boom section comprising at least one spray nozzle (Fig. 11, Par. [0054], “the boom 140 may include a left boom section 142 and a right boom section 144” – Figure 11 shows at least one spray nozzle for each boom section.).
Houssard and Grimm teach steps b)-g), but do not explicitly teach implementing the steps section by section.
However, Ballu teaches implementing steps section by section (Par. [0013], “the ramp is composed of several sections, each including at least one nozzle, while steps b), c) and d) are implemented section by section.”; Par. [0048], “the coefficient k can be determined for each set of nozzles belonging to a section 62, 64 or 66. To do this, steps 1001 to 1004, and possibly 1005 and 1006, are implemented section by section, by selectively opening and closing solenoid valves 102 to 106”)
Houssard, Grimm, and Ballu are analogous art because they are from the same field of endeavor and contain functional similarities. They all relate to agricultural sprayers and techniques for controlling flow from individual nozzles.
Therefore, at the time of effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the above boom with PWM nozzles implementing steps b-g, as taught by Houssard and Grimm, and incorporate implementing steps section by section for the boom, as taught by Ballu.
One of ordinary skill in the art would have been motivated to improve accuracy of determining coefficients for regulating valves, as suggested by Ballu (Par. [0048]).
Regarding claim 6, the combination of Houssard, Grimm, and Ballu teaches all the limitations of the base claims as outlined above.
Ballu further teaches wherein steps are repeated for several reference pressure values (Par. [0013], “steps a) to d) are repeated (1005) for several reference pressure values”; Par. [0042], “considering that the notion of proportionality is an approximation, several reference pressures P<sub>R</sub> can be fixed successively and several proportionality coefficients k can be determined by applying steps 1001 to 1004 successively, as represented by iteration arrow 1005 in Figure 3. These coefficients are then used in the control process, depending on the control pressure actually used.” – it would have been obvious to one of ordinary skill in the art to repeat the pressure/flow/PWM control steps of the combined Houssard and Grimm method for several reference pressure values, as taught by Ballu, in order to more accurately characterize and control the sprayer over different operating pressures and to use the resulting calibration/control information depending on the actual pressure used.).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sullivan et al. [USPGPUB 2016/0175869 A1] teaches an equalization system include a spray system with a spray boom and a plurality of nozzles that have fluid flow measurement sensors to measure flow rate from each nozzle or each section of nozzles for different boom configurations.
Schmidt [US 10,076,088 B2] teaches an agricultural crop and field sprayer and method for controlling an agricultural crop and field sprayer.
Conclusion
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/PETER XU/ Examiner, Art Unit 2119
/MOHAMMAD ALI/ Supervisory Patent Examiner, Art Unit 2119
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