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
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 6, 8 and 14-16 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.
Claim 6 recites the limitations "the first detection level" in line 5 and “the second detection level” in line 6. There is insufficient antecedent basis for this limitation in the claim. The limitations are interpreted to reference the first and second detection plane.
In claim 8, the limitation “and/or” makes the claim unclear. The claim includes the limitation and/or, while also including the claimed optional structure in the additional limitations of the claimed. The construction appears to require the structure, while also claiming the structure as optional.
In claim 14, the limitation “characterised by” is unclear. The limitation does not conform to U.S. practice. The bounds of the limitation are unclear. As such, the claim is indefinite.
Claims 15-16 recite the term “preferably.” The limitation makes the claim indefinite, as it is unclear whether the limitations that follow are intended to be limiting, or an optional element. The limitations have been interpreted as optional elements.
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.
Claim(s) 1-11 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stocklin (US 9,538,701).
Regarding claim 1, Stocklin discloses a fertilizer spreader for delivering granular fertilizer onto an agricultural land, comprising:
a discharge device (Figure 3) having at least one disc arrangement (1’, 1”) which is designed to discharge fertilizer onto the agricultural land (Column 1, lines 17-23);
a sensor arrangement comprising a plurality of sensors (11’, 11”), the plurality of sensors each being designed to detect the fertilizer discharged by the discharge device (Column 16, lines 52-54) by emitting detection waves in the direction of the fertilizer discharged by the discharge device and receiving detection waves reflected by the fertilizer (Column 11, lines 25-29; an electromagnetic (radar) sensor is used; Column 11, line 41-Column 12, line 10, The sensor emits a signal, and the signal is reflected by the granular material; The sensor detects the intensity of the signal), and to provide a sensor signal dependent on the intensity of the detection waves reflected by the fertilizer (Column 14, lines 12- 19 and Column 16, lines 52-55); and
a control device (15’) which, to achieve an intended fertilizer distribution on the agricultural land, is designed to cause a change in the disc speed on one or more spreading discs of the disc arrangement and/or the point at which the fertilizer is applied to one or more spreading discs of the disc arrangement depending on the sensor signals provided by the sensors of the sensor arrangement (Column 9, lines 15-26, A device for changing the spreading ring sector includes a device for changing the rotational speed of the distributor disc; Column 10, lines 37-45, The throwing parameters include mass flow, speed and direction of granular material; Column 14, lines 10-28, The throwing parameter is determined using the sensor. A signal indicative of the value of the throwing parameter is input to the control unit. The value is compared with a pre-set setpoint value. In case of a deviation of the detected throwing parameter relative to the setpoint value, the spreading ring sector (device for changing rotational speed) is adjusted to provide for a throwing parameter value within the desired range);
wherein the control device (15’) is set up to (Examiner notes that the limitations that follow “is set up to” are broadly interpreted to provide that the device be capable of performing the claimed function; If Applicant’s intent is provide for a more narrow interpretation, Examiner recommends use of the functional term “control device configured to”) evaluate the intensity of the detection waves reflected by the fertilizer depending on the reflection distance between the respective sensor and the fertilizer (Column 11, lines 25-29 and Column 11, line 41-Column 12, line 10, The control unit evaluates signals provided by an electromagnetic (radar) sensor, which detects the intensity of the signal reflected by the granular material; The intensity of the signal is dependent upon the reflection distance between the sensor and the fertilizer), the control unit determining the fertilizer distribution in two detection planes spaced apart from one another (Column 14, lines 13-16; The distribution is provided for a plane about each of two spreader independently).
Regarding claim 2, Stocklin discloses a system for the delivery of material to be spread on an agricultural land having:
a discharge device (Figure 3) which is designed to discharge material to be spread onto the agricultural land (Column 1, lines 17-23);
a sensor arrangement which is designed to detect the material to be spread discharged by the discharge device (Column 16, lines 52-54) by receiving detection waves reflected by the material to be spread (Column 11, lines 25-29; an electromagnetic (radar) sensor is used; Column 11, line 41-Column 12, line 10, The sensor emits a signal, and the signal is reflected by the granular material; The sensor detects the intensity of the signal), and to provide at least one sensor signal which is dependent on the intensity of the detection waves reflected by the material to be spread (Column 14, lines 12- 19 and Column 16, lines 52-55); and
a control device (15’) which is designed to achieve an intended distribution of material to be spread onto the agricultural land, to cause a change in a setting parameter of the discharge device, which influences the distribution of material to be spread depending on the sensor signal provided by the sensor arrangement (Column 9, lines 15-26, A device for changing the spreading ring sector includes a device for changing the rotational speed of the distributor disc; Column 10, lines 37-45, The throwing parameters include mass flow, speed and direction of granular material; Column 14, lines 10-28, The throwing parameter is determined using the sensor. A signal indicative of the value of the throwing parameter is input to the control unit. The value is compared with a pre-set setpoint value. In case of a deviation of the detected throwing parameter relative to the setpoint value, the spreading ring sector (device for changing rotational speed) is adjusted to provide for a throwing parameter value within the desired range);
wherein the control device (15’) is set up to evaluate the intensity of the detection waves reflected by the material to be spread as a function of the reflection distance to the material to be spread (Column 11, lines 25-29 and Column 11, line 41-Column 12, line 10, The control unit evaluates signals provided by an electromagnetic (radar) sensor, which detects the intensity of the signal reflected by the granular material; The intensity of the signal is dependent upon the reflection distance between the sensor and the fertilizer), the control unit determining the density distribution of the material to be spread in two detection planes spaced apart from one another (Column 14, lines 13-16; The distribution is provided for a plane about each of two spreader independently).
Regarding claim 3, Stocklin discloses the system according to claim 2, but fails to disclose wherein the control device is set up to accumulate the intensity of the detection waves reflected by the material to be spread over the reflection distance to the material to be spread to determine the density distribution of the material to be spread in the two detection planes spaced apart from one another (Stocklin suggests that the control unit includes a memory, as pre-set values are contained on the control unit; The provision of a memory makes the control unit capable of storing data relative to the intensity of the detection waves in each of the planes; Examiner further notes that Rahe discloses a device wherein intensity data is plotted in order to provide for adjustment of discharge machine parameters).
Regarding claim 4, Stocklin discloses the system according to claim 2, wherein the sensor arrangement comprises a plurality of sensors (11’, 11”) which are spaced apart from one another and/or have different orientations (Figure 3), each of which is designed to detect the material to be spread discharged by the discharge device by receiving detection waves reflected by the material to be spread and to provide a sensor signal which depends on the intensity of the detection waves reflected by the material to be spread (Column 14, lines 10-19 and Column 11, line 41-Column 12, line 10).
Regarding claim 5, Stocklin discloses the system according to claim 4, wherein the control device is designed to determine from the sensor signals of the plurality of sensors
- the density distribution of the material to be spread and/or the fan shape and/or the transverse distribution of the material to be spread of a first material spreading fan crossing the first detection plane; and/or
- the density distribution of the material to be spread and/or the fan shape and/or the transverse distribution of the material to be spread of a second material spreading fan (SF2) crossing the second detection plane (Column 14, lines 10-19 and Column 11, line 41-Column 12, line 10, and Column 6, lines 56-65, The control unit is designed to determine from the sensor signals the transverse distribution of material to be spread of a first spreading fan crossing a first detection plane and a second spreading fan crossing a second plane independently).
Regarding claim 6, Stocklin discloses the system according to claim 2 wherein the control device is designed to regulate a first target distribution of the material to be spread at the first detection level and/or to regulate a second target distribution of the material to be spread at the second detection level by a changing of one or more setting parameters of the discharge device (Column 14, lines 17-28).
Regarding claim 7, Stocklin discloses the system according to claim 2, wherein the discharge device has a first disc arrangement (1’) for producing a first material spreading fan (Column 16, lines 46-47) and a second disc arrangement (1”) for producing a second material spreading fan (Column 16, lines 47-49), wherein the first material spreading fan crosses the first detection plane (Figure 3; the plane of sensor 11’) and the second material spreading fan crosses the second detection plane (the plane of sensor 11”) (Figure 3).
Regarding claim 8, Stocklin discloses the system according to claim 7 wherein
- a first storage container for storing a first material to be spread; and/or
- a first delivery device for delivering the first material to be spread stored in the first storage container onto the first disc arrangement; and/or
- a second storage container for storing a second material to be spread; and/or
- a second delivery device for delivering the second material to be spread stored in the second storage container onto the second disc arrangement (Figure 3, the system includes a first delivery device (3’) and a second delivery device (3”)).
Regarding claim 9, Stocklin discloses the system according to claim 2, wherein
- the discharge device has a disc arrangement for producing a material spreading fan, wherein the material spreading fan crosses the first detection plane and the second detection plane [[(II)]]; or
- the discharge device comprises a disc arrangement (Figure 3), wherein when a material to be spread mixture comprising a first material to be spread and a second material to be spread is delivered, a first material spreading fan (1’) and a second material spreading fan (1”) are formed due to a segregation of the material to be spread (A first and second material fan are created due to segregation between fan 1’ and fan 1”), wherein the first material spreading fan crosses the first detection plane and the second material spreading fan crosses the second detection plane (Figure 3, the fan 1’ crosses the detection plane of sensor 11’ and the fan 1” crossed the detection plane of senor 11”)
Regarding claim 10, Stocklin discloses an agricultural spreading machine, having
- a system for material to be spread to be delivered onto an agricultural land (Figure 3);
wherein the system is designed according to claim 2 (See claim 2).
Regarding claim 11, Stocklin discloses a method for delivering material to be spread onto an agricultural land by means of an agricultural spreading machine, in particular by means of an agricultural spreading machine according to claim 10, with the steps:
- discharging material to be spread onto an agricultural land by means of a discharge device of the spreading machine (Column 16, lines 41-49 and Column 1, lines 17-23);
- detecting the material to be spread discharged by the discharge device by receiving detection waves reflected by the material to be spread by means of a sensor arrangement of the spreading machine (Column 16, lines 52-54 and Column 11, lines 25-29; an electromagnetic (radar) sensor is used; Column 11, line 41-Column 12, line 10, The sensor emits a signal, and the signal is reflected by the granular material; The sensor detects the intensity of the signal), and to provide a sensor signal dependent on the intensity of the detection waves reflected by the fertilizer (Column 14, lines 12- 19 and Column 16, lines 52-55)
- providing at least one sensor signal dependent on the intensity of the detection waves reflected by the material to be spread by the sensor arrangement (Column 11, line 41-Column 12, line 10, The sensor emits a signal, and the signal is reflected by the granular material; The sensor detects the intensity of the signal); and
- initiating a change in a setting parameter of the discharge device that influences the distribution of the material to be spread as a function of the sensor signal provided by the sensor arrangement to achieve an intended distribution of the material to be spread onto the agricultural land by a control device of the spreading machine (Column 9, lines 15-26, A device for changing the spreading ring sector includes a device for changing the rotational speed of the distributor disc; Column 10, lines 37-45, The throwing parameters include mass flow, speed and direction of granular material; Column 14, lines 10-28, The throwing parameter is determined using the sensor. A signal indicative of the value of the throwing parameter is input to the control unit. The value is compared with a pre-set setpoint value. In case of a deviation of the detected throwing parameter relative to the setpoint value, the spreading ring sector (device for changing rotational speed) is adjusted to provide for a throwing parameter value within the desired range),
wherein the control device evaluates the intensity of the detection waves reflected by the material to be spread as a function of the reflection distance to the material to be spread to determine the density distribution of the material to be spread (Column 11, lines 25-29 and Column 11, line 41-Column 12, line 10, The control unit evaluates signals provided by an electromagnetic (radar) sensor, which detects the intensity of the signal reflected by the granular material; The intensity of the signal is dependent upon the reflection distance between the sensor and the fertilizer) in two detection planes spaced apart from one another (Column 14, lines 13-16; The distribution is provided for a plane about each of two spreader independently).
Regarding claim 13, Stocklin discloses the method according to claim 11, wherein a plurality of spaced-apart and/or differently oriented sensors (11’, 11”) of the sensor arrangement detect the material to be spread delivered by the discharge device by receiving detection waves reflected by the material to be spread, and provide a sensor signal dependent on the intensity of the detection waves reflected by the material to be spread (Column 11, lines 25-29; an electromagnetic (radar) sensor is used; Column 11, line 41-Column 12, line 10, The sensor emits a signal, and the signal is reflected by the granular material; The sensor detects the intensity of the signal), wherein the method comprises at least one of the following steps:
- determining the density distribution of the material to be spread and/or the fan shape and/or the transverse distribution of the material to be spread of a first material spreading fan crossing the first detection plane by the control device from the sensor signals of the plurality of sensors;
- determining the density distribution of the material to be spread and/or the fan shape and/or the transverse distribution of the material to be spread of a second material spreading fan crossing the second detection plane by the control device from the sensor signals of the multiple sensors (Column 14, lines 10-19 and Column 11, line 41-Column 12, line 10, and Column 6, lines 56-65, The control unit is designed to determine from the sensor signals the transverse distribution of material to be spread of a first spreading fan crossing a first detection plane and a second spreading fan crossing a second plane independently).
Regarding claim 14, Stocklin discloses the method according to any claim 11;
characterised by at least one of the following steps:
- adjusting a first target distribution of the material to be spread in the first detection plane by a changing one or more setting parameters of the discharge device by the control device;
- adjustment of a second target distribution of the material to be spread (SG2) in the second detection plane by a changing of one or more setting parameters of the discharge device by the control device (Column 9, lines 15-26, A device for changing the spreading ring sector includes a device for changing the rotational speed of the distributor disc; Column 10, lines 37-45, The throwing parameters include mass flow, speed and direction of granular material; Column 14, lines 10-28, The throwing parameter is determined using the sensor. A signal indicative of the value of the throwing parameter is input to the control unit. The value is compared with a pre-set setpoint value. In case of a deviation of the detected throwing parameter relative to the setpoint value, the spreading ring sector (device for changing rotational speed) is adjusted to provide for a throwing parameter value within the desired range).
Regarding claim 15, Stocklin discloses the method according to claim 11, wherein the discharge device generates a material spreading fan which crosses the first detection plane and the second detection plane (Column 14, lines 41-49, The device includes two spreaders, which each produce a fan over a respective sensor plane), the method preferably comprising the following step (Examiner notes that it is known in the prior art to include the following step, as disclosed by Stocklin (Column 4, lines 19-27):
- determining the wind influence on the material spreading fan by evaluating the distribution of the material to be spread in the first detection plane and the second detection plane by the control device, wherein the control device preferably takes the determined wind influence into account when adjusting the discharge device.
Regarding claim 16, Stocklin discloses the method according to claim 11, wherein when a mixture of materials to be spread comprising a first material to be spread and a second material to be spread is discharged, a first material spreading fan and a second material spreading fan are formed due to a segregation of the materials to be spread (Column 14, lines 41-49, The device includes two spreaders, which each produce a fan of segregated material), wherein the first material spreading fan crosses the first detection plane and the second material spreading fan crosses the second detection plane (Column 16, lines 49-55 and Figure 3, the fan 1’ crosses the detection plane of sensor 11’ and the fan 1” crossed the detection plane of senor 11”), wherein the method preferably comprises the following step:
- setting of setting parameters on the discharge device by the control device through which the distribution of the first material to be spread in the first detection plane and the distribution of the second material to be spread in the second detection plane lie within a tolerance range (Column 14, lines 10-28).
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(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Stocklin in view of Rahe (EP 3016781).
Regarding claim 12, Stocklin discloses the method according to claim 11, but fails to disclose wherein the control device for determining the density distribution of the material to be spread in the two detection planes spaced apart from one another accumulates the intensity of the detection waves reflected from the material to be spread over the reflection distance to the material to be spread.
Rahe discloses an improved device wherein distribution data is accumulated in order to provide for adjustment of discharge parameters (Page 4, paragraph 1 and Page 6, paragraph 1, a mean discharge angle is calculated for each component; The calculation of a mean discharge angle indicates that data is accumulated).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Stocklin with the disclosures of Rahe, improving the device of Rahe to include the control device (Stocklin, 15’) for determining the density distribution of the material to be spread in the two detection planes spaced apart from one another accumulating the intensity of the detection waves reflected from the material to be spread over the reflection distance to the material to be spread, in order to provide for a method that includes calculation based upon a more complete picture of the distribution character of the distributor, as disclosed by Rahe (Page 3, paragraph 3, lines 4-7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/ Primary Examiner, Art Unit 3752