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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 11 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and 20 of US Pub No. 20230127880-A1. Although the claims at issue are not identical, they are not patentably distinct from each other because both are directed to treating classified plant located by its spatial positions and their proximities or distances determined by combining depth map and their spatial position between plants and farming machine by processing images captured of the field plants.
Current Application
US Pub No. 20230127880-A1
Claim 1. A method for generating a global map comprising a plurality of plants, the method comprising: accessing a plurality of images of a field comprising the plurality of plants, each image:
obtained on a first pass of a farming machine through the field, and including pixels comprising information representing plants in the image and distances between objects in the field and the farming machine;
before a second pass of the farming machine through the field:
classifying pixels in the plurality of images as plants, generating, using the classified plants in the plurality of images, a plurality of depth maps representing distances between plants and the farming machine in a global reference frame, and
combining the plurality of depth maps into a global map, the global map spatially locating classified plants in the field in the global reference frame, the classified plants in the global map comprising at least one aggregated plant representing two or more spatially proximal plants present in one or more depth maps of the plurality; and
treating, on the second pass through the field after the first pass, at least one of the plurality of plants in the field based on locations of classified plants in the global map.
Claim 1. A method for generating a combined depth map representing at least a portion of a field comprising a plurality of plants:
accessing, from an image acquisition system of a farming machine travelling through the field, a plurality of images of the field, each image including pixels comprising information describing plants in the image, and distances between objects in the field and the farming machine;
classifying, using a plant identification model, pixels in the plurality of images as plants of the plurality of plants;
generating, using a depth map generation model and classified plants in the plurality of images, a plurality of depth maps quantifying distances between classified plants and the farming machine;
combining the plurality of depth maps into a combined depth map spatially locating classified plants in the field, the combined depth map comprising a plant cluster comprising spatially proximal plants identified between two or more of the depth maps of the plurality;
determining the plant cluster is an individual plant of the plurality of plants based on a spatial proximity of plants in the plant cluster and modifying the combined depth map such that the plant cluster is represented as the individual plant in the combined depth map; and
treating at least one of the plurality of plants in the field based on locations of plants in the combined depth map.
Claim 11
Claim 11
Claim 20
Claim 20
Allowable Subject Matter
Claims 1, 11 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. non-statutory double patenting set forth in this Office action by timely submission and approval of eTD.
Claims 2-10, 12-19 are allowed over prior art and would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wu et al. (US Pub No. 20190150357 A1, machinery includes an automated crop management motorized vehicle having an intelligent, modularized image sensor (e.g. camera or video) system that is portable to other crop management vehicles such as a combine, planter or a tillage machine. The image sensor system includes a framework having a bank of procedures for monitoring and control of navigation, spray application, weeding, seeding, machine configuration, in real time as the machines go through a crop field throughout a crop cycle. One example implementation includes electronic circuits, with more than one set mounted on a platform that facilitates moving the setup to other agricultural machines. The framework captures, preserves and corrects the captured images for real time analysis and response, and for spray management to improve crop yield that is correlated with the machine settings and crop management practices, Abstract)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PINALBEN V PATEL whose telephone number is (571)270-5872. The examiner can normally be reached M-F: 10am - 8pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chineyere Wills-Burns can be reached at 571-272-9752. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Pinalben Patel/Examiner, Art Unit 2673
Prosecution Insights