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 .
The amendment filed 7 May 2026 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 16-21, 24, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Russell et al. (US 5185989) (“Russell”) in view of Claesen (WO2008037035A1). Russell discloses:
Claim 16: activating a vacuum generator (24) of an end effector (FIG. 4) to create suction through a suction cup (26) of the end effector, the end effector comprising:
a body (11/12);
a shaft (14) slidably coupled to the body and extending along a longitudinal axis (axis of 14) between a proximal end connected to the vacuum generator and a distal end coupled to the suction cup (FIG. 4), the shaft having a vacuum lumen (vacuum via 24/25/etc.) extending therethrough such that the vacuum generator is in fluid communication with an interior volume of the suction cup (inside of 26); and
a linear actuator (15) configured to slide the shaft along the longitudinal axis relative to the body;
engaging the fruit with the suction cup (mushroom or fruit are capable of being engaged); and
retracting the shaft of the end effector using the linear actuator, from an extended position to a retracted position (via 15), to pull the fruit away from the tree along the longitudinal axis of the shaft (the end effector is capable of picking from the lower portion of a short tree);
Claim 17: wherein retracting the shaft causes a stem of the fruit to break or to separate from the tree (stem breaks; col 6, lines 64-68);
Claim 18: subsequent to engaging the fruit with the suction cup, activating a motor of the end effector (21 is a type of motor) to rotate the shaft, the suction cup, and the fruit about the longitudinal axis of the shaft (col. 5, line 67 to col. 6, line 6);
Claim 19: wherein the motor causes the fruit to rotate at a speed that causes a stem of the fruit to break or to separate from the tree (stem breaks; col 6, lines 64-68);
Claim 20: wherein the motor causes the fruit to rotate through a range of motion that fatigues the stem, and wherein retracting the shaft causes a stem of the fruit to break or to separate from the tree (at least col 6, lines 58-68);
Claim 21: wherein engaging the fruit with the suction cup comprises moving the end effector at least partially along a direction parallel to the longitudinal axis to approach the fruit (at least col 6, lines 42-68);
Claim 24: wherein the suction cup comprises a proximal bellows, a distal bellows (at least two bellow portions of 26), and a lip that engages the fruit (end of 26), the proximal bellows and the distal bellows being disposed between the lip and the shaft (FIG. 4);
Claim 26: wherein the fruit is an apple (mushroom has a similar shape to an apple).
Russell does not directly show:
Claim 16: directing exhaust gas from the vacuum generator toward the fruit while approaching the fruit engaging the fruit with the suction cup.
Claesen shows a similar device having:
Claim 16: directing exhaust gas from the vacuum generator toward the fruit while approaching the fruit engaging the fruit with the suction cup (p. 6, third-to-last para.);
with a reasonable expectation of success for the purpose of blowing away the leaves and branches covering the apple (p. 6, third-to-last para). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Russell as taught by Claesen and include Claesen’s similar device having:
Claim 16: directing exhaust gas from the vacuum generator toward the fruit while approaching the fruit engaging the fruit with the suction cup;
with a reasonable expectation of success for the purpose of blowing away the leaves and branches covering the apple.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Russell in view of Claesen and WO 2020/076616 A1 (“Advanced”; paragraph numbers refer to paragraphs in equivalent US 2021/0337734). Russell discloses all the limitations of the claims as discussed above.
Russell does not directly show:
Claim 22: activating the motor to cause rotation of the suction cup while approaching the fruit.
Advanced shows a similar device having:
Claim 22: activating the motor to cause rotation of the suction cup while approaching the fruit;
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with a reasonable expectation of success for the purpose of improving picking efficiency, success rate, and sensitivity of the grasping and disengagement operations to minimize damage to the picked item (para. [0035]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Russell and Claesen as taught by Advanced and include Advanced’s similar device having:
Claim 22: activating the motor to cause rotation of the suction cup while approaching the fruit;
with a reasonable expectation of success for the purpose of improving picking efficiency, success rate, and sensitivity of the grasping and disengagement operations to minimize damage to the picked item.
Allowable Subject Matter
Claims 1-5, 9-15, and 25 are allowed.
Response to Arguments
Applicant’s arguments, see p. 9, filed 7 May 2026, with respect to the allowable subject matter and objections, except for Claims 16 et seq. have been fully considered and are persuasive. All the objections and rejections and of the claims except Claims 16 et seq. have has been withdrawn.
Applicant’s arguments with respect to claim(s) 16 et seq. have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument since Claesen has been introduced in the claim rejections above. It is noted that current Claim 16 is a newly presented claim than from the previous Office action since intervening claims 18 and 21 were not included in currently amended Claim 16.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571) 272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Gerald McClain/Primary Examiner, Art Unit 3652
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