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 .
Response to Amendment
This action is in response to the preliminary amendment filed on December 02, 2024. Claims 1-15 are amended. Claim 16 is cancelled. Claim 17 is added. Claims 1-15 and 17 are pending.
Drawings
Examiner is examining the application using the drawings of the WIPO publication of PCT/EP2023/064669 on file. Should Applicant desire an official set of drawings on file, Applicant should file the drawings separately.
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.
Claim(s) 1, 2, 4-12, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ciscato et al. (EP 2056094).
Regarding claim 1, Ciscato discloses a device (FIGS. 1-5) comprising: a body, wherein the body comprises an upper side and a lower side, wherein the body comprises a cutout between the upper side and the lower side (indicated below);
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a handle ((117), [0101, 0114]), which is connected to the body or is part of the body (FIGS. 1, 2); a mount for holding a camera on the upper side of the body above and/or inside the cutout (FIGS. 1, 2, wherein (113), which comprises (130)/(132), is mounted, [0109]); a light hood ((115), [0098, 0100, 0101]), wherein the light hood comprises an inner side ((152), [0098, 0108]) and an outer side ((151), [0098]), wherein the light hood comprises a first opening (FIGS. 1, 2, 4, (131), [0109, 0111]) and a second opening (FIGS. 1-3, (154), [0100-0102, 0104]) opposite the first opening (FIGS. 1, 2), wherein the light hood is attached to the lower side of the body (FIGS. 1, 2), wherein the first opening of the light hood and the cutout of the body overlap at least party (FIGS. 1, 2); and at least one light source ((112)/(120), [0096, 0098]) configured to emit light onto the inner side of the light hood ([0096, 0098, 0099]).
Regarding claim 2, Ciscato further discloses the device of claim 1, wherein the cutout has a cylindrical shape or cuboidal shape (FIGS. 1, 2, 4, wherein the cutout is cylindrical).
Regarding claim 4, Ciscato further discloses the device of claim 1, wherein the light hood has a shape of a circular segment, a truncated pyramid or a truncated cone (FIGS. 1-3, wherein the “dome” (115) has a shape of a circular segment).
Regarding claim 5, Ciscato further discloses the device of claim 1, wherein the first opening or the second opening has a circular shape or a rectangular shape (FIGS. 1-3, wherein the openings have circular shapes).
Regarding claim 6, Ciscato further discloses the device of claim 1, wherein the inner side of the light hood is provided with a coating that diffusely reflects light (“diffuse actinic light”, [abstract, 0014, 0019, 0029, 0036, 0096]; [0026, 0027, 0097]).
Regarding claim 7, Ciscato further discloses the device of claim 1, wherein the outer side of the light hood is provided with a coating that reflects or absorbs light (“…control units 122 are located at the outer surface 151 of the dome 115…”, [0098]; wherein all materials do some combination of reflect, absorb, and/or transmit light; the “dome” (115) is not transparent since the inner surface is painted black or made from inherently black material, [0097], and with the “control units” (122) located at the “outer surface” (151) as shown in FIG. 3; therefore, the outer surface would either reflect and/or absorb light).
Regarding claim 8, Ciscato further discloses the device of claim 1, wherein the device comprises at least one web element which is laid across the second opening (indicated below).
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Regarding claim 9, Ciscato further discloses the device of claim 8, wherein the device comprises a plurality of web elements which are arranged at a defined distance from and parallel to one another (indicated above).
Regarding claim 10, Ciscato further discloses the device of claim 1, wherein the device comprises a support (FIG. 2, (162)/(116), [0101]) which is or can be attached at a defined distance from the second opening (FIG. 2).
Regarding claim 11, Ciscato further discloses a method for generating an image recording of a plant part or one or more plant pests, the method comprising using the device of claim 1 to generate the image recording ([0096, 0118]).
Regarding claim 12, Ciscato further discloses the method of claim 11, further comprising: providing the device ([0118]); fastening a camera to the mount (“…image capturing device can be a B&W CCD camera…provided with a lens…”, [0118]); arranging the plant part or one or more plant pests in front of the second opening of the light hood (“…a plant extremity is introduced in the inner volume…”, [0118]); switching on the at least one light source (“…the plant extremity is illuminated in the inner volume with actinic light…”, [0118]); and generating an image recording (“…at least one image of the fluorescent light, emitted from the plant extremity when illuminated by means of the actinic light of the illumination is captured…”, [0118]).
Regarding claim 15, Ciscato further discloses the method of claim 11, further comprising supplying the image recording to a computer program for automated image analysis (“…The data of the image, optionally be captured by a digital camera, such as B&W CCD camera, may be sent to a computer for further processing…computer may be a laptop or palmtop computer…”, [0118]).
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.
Claim(s) 3, 13, 14, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ciscato et al. (EP 2056094) as applied to claims 1, 2, 4-12, and 15 above, and further in view of Shi (CN 207166587).
Regarding claim 3:
Ciscato discloses the device of claim 1.
Ciscato does not specifically disclose that the mount is designed as a mount for a mobile telephone.
Shi teaches a diagnosis device, wherein the mount (FIGS. 1. 2, (1)/(2), [0012]) is designed as a mount for a mobile telephone (FIGS. 1, 2, (14), [0014]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the feature of Shi’s with the device taught by Ciscato for the purpose of enabling the device to be usable with any smartphone equipped with a camera, and the images captured may be analyzed using the programs stored in the smartphone for quick analysis, resulting in a portable, inexpensive, and very convenient device that is quick to use (Shi: [0003, 0007]).
Regarding claim 13:
Ciscato discloses the method of claim 12.
Ciscato does not specifically disclose that the camera is part of a mobile telephone.
Shi teaches a diagnosis device, wherein the camera is part of a mobile telephone (FIGS. 1, 2, (14), [0014]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the feature of Shi’s with the method taught by Ciscato for the purpose of enabling the device to be usable with any smartphone equipped with a camera, and the images captured may be analyzed using the programs stored in the smartphone for quick analysis, resulting in a portable, inexpensive, and very convenient device that is quick to use (Shi: [0003, 0007]).
Regarding claim 14:
Ciscato and Shi disclose and teach of the method of claim 13, wherein Shi further discloses that the at least one light source is supplied with electrical energy by an energy source of the mobile telephone ([0013]).
Regarding claim 17:
Ciscato and Shi disclose and teach of the method of claim 14, wherein Ciscato further discloses: supplying the image recording to a computer program for automated image analysis (“…The data of the image, optionally be captured by a digital camera, such as B&W CCD camera, may be sent to a computer for further processing…computer may be a laptop or palmtop computer…”, [0118]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lussier (U.S. Publication No.: 2010/0111369).
Lussier (U.S. Publication No.: 2005/0072935).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FANG-CHI CHANG whose telephone number is (571)270-5299. The examiner can normally be reached MRF 9am-5pm.
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/FANG-CHI CHANG/Examiner, Art Unit 2852
/STEPHANIE E BLOSS/Supervisory Primary Examiner, Art Unit 2852
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