DETAILED ACTION
This is the first action in response to U.S. application 18/802,097. All claims are pending.
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 Objections
Claims 2-17 objected to because of the following informalities: Claims 2-17 begin with “A control system of claim…” and should be corrected to “[[A]] The control system of claim…”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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, 4-8, 10-15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mueller-Sim (US 20220051154).
Regarding claim 1, Mueller-Sim teaches a control system (Fig. 2) for determining a degree of maturity of crop material to be harvested in a working environment ([0020] discusses determining flower maturity to predict an optimum harvest date), the control system comprising one or more controllers (Fig. 2 controller 158), and being configured to:
receive image data from one or more image sensors ([0021] discusses image sensors being used to capture images and the image sensors being in communication with a controller to transmit image data);
analyze the image data to: identify one or more crop components within the image data ([0027]-[0028] discuss analyzing the image data to identify and characterize plant structures); and
determine a crop maturity metric in dependence on the identified one or more crop components, the crop maturity metric comprising a measure indicative of a bloom percentage of the crop material ([0027]-[0028] discuss analyzing the image data to identify and characterize plant structures where the plant structures include trichomes where the ratio of the trichomes is used to determine crop maturity and the ratio of trichomes is interpreted as a bloom percentage); and
generate and output one or more control signals for controlling operation of one or more operable components associated with a harvesting of the crop material ([0023] discusses the display controlled by the controller providing a GUI that can include the maturity data (where the display and GUI are interpreted as one or more operable components based on [0012] of the instant application describing the operable components as a user interface).
Regarding claim 4, Mueller-Sim teaches wherein the one or more image sensors are provided on a portable user device ([0021] discusses the imaging device including imaging sensors and including a display operable by the user via the GUI as discussed in [0023]).
Regarding claim 5, Mueller-Sim teaches wherein the image data may be obtainable, in use, by an operator obtaining one or more images utilizing the portable user device within the working environment ([0021] discusses the imaging device including a display operable by the user via the GUI as discussed in [0023]).
Regarding claim 6, Mueller-Sim teaches wherein the one or more controllers are configured to: compare the determined crop maturity metric with a threshold maturity metric; and generate and output the one or more control signals in dependence on the comparison ([0033] discusses determining an ideal harvest time based on a ratio of amber to cloudy trichomes (as discussed above interpreted as bloom percentage) exceeding a predefined threshold with [0034] discussing this information being output to the user).
Regarding claim 7, Mueller-Sim teaches wherein the threshold maturity metric comprises a threshold bloom percentage ([0033] discusses determining an ideal harvest time based on a ratio of amber to cloudy trichomes (as discussed above interpreted as bloom percentage) exceeding a predefined threshold).
Regarding claim 8, Mueller-Sim teaches wherein the one or more controllers are configured to initiate control of the one or more operable components in dependence on the determined crop maturity metric meeting or exceeding threshold maturity metric ([0033] discusses determining an ideal harvest time based on a ratio of amber to cloudy trichomes (as discussed above interpreted as bloom percentage) exceeding a predefined threshold with [0034] discussing this information being output to the user).
Regarding claim 10, Mueller-Sim teaches wherein the one or more operable components comprises a user interface; and the one or more controllers are configured to control operation of the user interface in dependence on the determined crop maturity metric ([0033] discusses determining an ideal harvest time based on a ratio of amber to cloudy trichomes (as discussed above interpreted as bloom percentage) exceeding a predefined threshold with [0034] discussing this information being output to the user).
Regarding claim 11, Mueller-Sim teaches wherein the one or more controllers are operable to control generation of a graphical representation of the determined maturity metric for display by the user interface ([0023] discusses the display controlled by the controller providing a GUI that can include the maturity data (where the display and GUI are interpreted as one or more operable components based on [0012] of the instant application describing the operable components as a user interface).
Regarding claim 12, Mueller-Sim teaches wherein the one or more operable components comprise a computing system having stored thereon, or providing access to, an operational planning tool for the harvesting operation; and wherein the one or more controllers are configured to generate and/or update an operational plan for the harvesting operation in dependence on the determined crop maturity metric ([0023] discusses GUI 200 including a variety of calculated parameters and user recommendations including harvest data which further includes “a specific projected ideal harvest data or a projected number of days until an ideal harvest day, as shown in FIG. 3, for example. The GUI 200 can further provide additional information, including plant type data 206 (e.g., strain) that is determined based upon the characterized plant features, and/or the focus stacked image 210 generated from the captured images” with this interpreted as an operational planning tool for the harvesting operation).
Regarding claim 13, Mueller-Sim teaches wherein the operational plan comprises a schedule for performance of one or more operational tasks associated with the harvesting operation associated with the crop ([0023] discusses GUI 200 including a variety of calculated parameters and user recommendations including harvest data which further includes “a specific projected ideal harvest data or a projected number of days until an ideal harvest day” where the projected ideal data is interpreted as a schedule of performance of the operational task of harvesting).
Regarding claim 14, Mueller-Sim teaches wherein the one or more operational plan comprises a recommended timing for performance of the one or more operational tasks ([0023] discusses GUI 200 including a variety of calculated parameters and user recommendations including harvest data which further includes “a specific projected ideal harvest data or a projected number of days until an ideal harvest day”).
Regarding claim 15, Mueller-Sim teaches wherein the operational plan comprises one or more suggested operational parameters for the harvesting operation ([0023] discusses GUI 200 including a variety of calculated parameters and user recommendations including harvest data which further includes “a specific projected ideal harvest data or a projected number of days until an ideal harvest day” where the timing is interpreted as an operational parameter).
Regarding claim 18, Mueller-Sim teaches a computer implemented method of determining a degree of maturity of crop material to be harvested ([0020] discusses determining flower maturity to predict an optimum harvest date with [0021] discussing this being implemented with a computer), the method comprising:
receiving image data from one or more image sensors ([0021] discusses image sensors being used to capture images and the image sensors being in communication with a controller to transmit image data);
analyzing the image data to: identify one or more crop components within the image data ([0027]-[0028] discuss analyzing the image data to identify and characterize plant structures); and
determine a crop maturity metric in dependence on the identified one or more crop components, the crop maturity metric comprising a measure indicative of a bloom percentage of the crop material ([0027]-[0028] discuss analyzing the image data to identify and characterize plant structures where the plant structures include trichomes where the ratio of the trichomes is used to determine crop maturity and the ratio of trichomes is interpreted as a bloom percentage); and
controlling operation of one or more operable components associated with a harvesting of the crop material ([0023] discusses the display controlled by the controller providing a GUI that can include the maturity data (where the display and GUI are interpreted as one or more operable components based on [0012] of the instant application describing the operable components as a user interface).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-3 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Mueller-Sim in view of Wilkins (US 10796275).
Regarding claim 2, Mueller-Sim teaches an imaging device with imaging sensors as discussed above but does not explicitly teach wherein the one or more image sensors are mounted or otherwise coupled, in use, to an agricultural machine operating in the working environment.
Wilkins teaches wherein the one or more image sensors are mounted or otherwise coupled, in use, to an agricultural machine operating in the working environment (Col. 5 lines 4-17 discuss a UAV used to harvest fruit (interpreted as a agricultural machine) including a sensor package with a camera enabling the UAV to determine ripeness)
Mueller-Sim teaches an imaging device used to determine plant maturity. Wilkins teaches an imaging device on a harvesting UAV that can be used to determine fruit ripeness. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of Mueller-Sim with the UAV of Wilkins as Wilkins teaches that this reduces costs while improving access to the plants (Col. 4 lines 13-18).
Regarding claim 3, an imaging device with imaging sensors as discussed above but does not explicitly teach wherein the one or more image sensors are mounted or otherwise coupled, in use, to an unmanned aerial vehicle operable, in use, to obtain image data indicative of the working environment and the crop material therein.
Wilkins teaches wherein the one or more image sensors are mounted or otherwise coupled, in use, to an unmanned aerial vehicle operable, in use, to obtain image data indicative of the working environment and the crop material therein (Col. 5 lines 4-17 discuss a UAV used to harvest fruit including a sensor package with a camera enabling the UAV to determine ripeness)
Mueller-Sim teaches an imaging device used to determine plant maturity. Wilkins teaches an imaging device on a harvesting UAV that can be used to determine fruit ripeness. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of Mueller-Sim with the UAV of Wilkins as Wilkins teaches that this reduces costs while improving access to the plants (Col. 4 lines 13-18).
Regarding claim 17, Mueller teaches an imaging device for determining plant maturity but does not explicitly teach an agricultural machine comprising the control system of claim 1.
Wilkins teaches an agricultural machine comprising the control system (Col. 5 lines 4-17 discuss a UAV used to harvest fruit (interpreted as a agricultural machine) including a sensor package with a camera enabling the UAV to determine ripeness)
Mueller-Sim teaches an imaging device used to determine plant maturity. Wilkins teaches an imaging device on a harvesting UAV that can be used to determine fruit ripeness. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of Mueller-Sim with the UAV of Wilkins as Wilkins teaches that this reduces costs while improving access to the plants (Col. 4 lines 13-18).
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Mueller-Sim in view of Cho (US 20230389474).
Regarding claim 9, Mueller-Sim teaches determining maturity of a plant based on a threshold but does not explicitly teach wherein the one or more controllers are configured to prevent control of the one or more operable components in dependence on the determined crop maturity metric not meeting the threshold maturity metric.
Cho teaches wherein the one or more controllers are configured to prevent control of the one or more operable components in dependence on the determined crop maturity metric not meeting the threshold maturity metric ([0294]-[0297] discuss determining ripeness or maturity of fruit, classifying the ripeness of the fruit based on a comparison to a threshold and only targeting specific classifications of ripeness, therefore preventing harvest of other classifications of ripeness based on comparison to a threshold).
Mueller-Sim teaches determining maturity of a plant based on comparison to a threshold metric. Cho teaches preventing harvest of plants not meeting the threshold metric. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of Mueller-Sim with the system of Cho as this would prevent plants from being harvested too soon, improving the overall yield of a crop.
Regarding claim 16, Mueller-Sim teaches determining maturity of a plant based on a threshold but does not explicitly teach wherein the one or more controllers are configured to update a crop growth model in dependence on the determined crop maturity metric.
Cho teaches wherein the one or more controllers are configured to update a crop growth model in dependence on the determined crop maturity metric ([0294]-[0297] discuss determining ripeness or maturity of fruit, classifying the ripeness of the fruit based on a comparison to a threshold with index data 131 including the labeling data and output values where this index is interpreted as a growth model).
Mueller-Sim teaches determining maturity of a plant based on comparison to a threshold metric. Cho teaches preventing harvest of plants not meeting the threshold metric. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of Mueller-Sim with the system of Cho as this would prevent plants from being harvested too soon, improving the overall yield of a crop.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Tang (US 20220383610) teaches detecting ripe citrus fruit based on imaging sensors and Ogawa (US 20180012345) teaches determining maturity of fruits and vegetables based on ratios of pixels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE M JACKSON whose telephone number is (303)297-4364. The examiner can normally be reached Monday-Friday 7:00-4:30 MT.
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/D.M.J./ Examiner, Art Unit 3657
/HARRY Y OH/ Primary Examiner, Art Unit 3657
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