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 .
Oath/Declaration
The receipt of the Oath/Declaration is acknowledged.
Drawings
The drawing(s) filed on 10/21/2024 are accepted by the Examiner.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 08/14/2025 are in compliance with the provisions on 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Status of Claims
Claims 1-20 are pending in this application. Claims 1-20 are rejected.
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, 9, 12, 15 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baldwin et al. (US 2023/0093903 A1).
Regarding claim 1, Baldwin et al. (hereinafter known as Baldwin) teaches: a method of phenotypic measurement comprising:
receiving image data from a remote sensing platform (Baldwin, Fig. 1, [0027]-[0030], [0053]-[0055], Fig. 4, [0057] – [0058], [0075]-[0077] Baldwin teaches using UAV-acquired images of fields and plots.), wherein the image data
comprises a plurality of temporally-spaced images of a plant (Baldwin, [0055], [0067], Fig 5A, [0074], [0080-0082], The images are collected at multiple periods over the growing season. Baldwin teaches interpolation of non-uniform UAS measurements and data collections over a period of time);
inputting the image data into a prediction model (Brown, [0040]-[0041], [0065]-[0068], [0072]-[0073], The computing device “train[s] a model” based on the modified image data and phenotypic data; the model uses feature vectors from image data.); and
determining, using the prediction model, a phenotypic measurement (Brown, [0034]-[0035], [0041]-[0042], [0045], [0056], [0072]-[0078], The model predicts phenotypic data such as relative maturity and other crop phenotypes.).
Regarding claim 4, Baldwin also teaches the method of claim 1, wherein the prediction model is a trained machine learning model (Brown, [0041]-[0042], [0068]-[0073], Brown teaches training a model using modified image data and phenotypic data.).
Regarding claim 8, Baldwin also teaches the method of claim 1, further comprising modeling a trajectory of the phenotypic measurement using a mathematical or statistical model over time (Brown, [0055], [0067], [0072]-[0075], [0080]-[0082], Brown teaches using temporal image data, interpolation to daily values, and growth or relative maturity modeling over time.).
Regarding claim 9, Baldwin also teaches the method of claim 1, further comprising controlling the remote sensing platform based on the phenotypic measurement (Baldwin, [0032]-[0039], [0041]-[0019], [0063]-[0068], The method and system of Baldwin captures images during multiple navigations at different periods using UAS, analyzes canopy/other traits and using machine learning to forecast yield and generate recommendations.).
Claim 12 is rejected for the same reasons as claim 1.
Claim 15 is rejected for the same reasons as claim 4.
Claim 18 is rejected for the same reasons as claim 9.
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) 2, 10, 13, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Baldwin et al. (US 2023/0093903 A1) in view of KHAIT, Itzhak (WO 2021144785 A1).
Regarding claim 2, Baldwin teaches the method of claim 1, but does not explicitly teach wherein the prediction model comprises a phenomic biomarker prediction model.
In reference to KHAIT, KHAIT teaches a method of pheonotypic measurement that includes wherein the prediction model comprises a phenomic biomarker prediction model (KHAIT, [00124]-[00126], [00133]-[00135], [00142-00156], KHAIT uses biosensor plants expressing a visual biomarker and phenotype detectable by a sensor and machine learning is used to identify the phenotype.).
These arts are analogous since they are both related pheonotypic measurement. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the invention of Baldwin with wherein the prediction model comprises a phenomic biomarker prediction model of KHAIT to provide real time selective monitoring and/or treatment of a target area or portion thereof as seen in KHAIT in paragraph [0014].
Regarding claim 10, the combination of Baldwin et al. (US 2023/009303 A1) in view of KHAIT, Itzhak (WO 2021144785 A1) also teaches the method of claim 1, further comprising adjusting the inputs to the plant based on the phenotypic measurement (KHAIT, [0063], [00202] – [00205], [00285] – [00286], KHAIT discloses adjusting fertilization, herbicide, pesticide, irrigation, and other treatments in real time based on detected condition.).
Claim 13 is rejected for the same reasons as claim 2.
Claim 19 is rejected for the same reasons as claim 10.
Claim(s) 3, 5, 7, 14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Baldwin et al. (US 2023/0093903 A1) in view of JIA (US 2023/0139567 A1).
Regarding claim 3, Baldwin teaches the method of claim 1, but does not explicitly teach wherein the prediction model comprises a genomic, metabolomic, or proteomic prediction model.
In reference to JIA, JIA teaches statistical analysis method that is a predictive statistical tree model which includes wherein the prediction model comprises a genomic, metabolomic, or proteomic prediction model (JIA, [0004]-[0005], Fig 1, database 120, [0024], Fig 2, [0058]-[0059]).
These arts are analogous since they are both related to pheonotypic measurement. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the invention of Baldwin with wherein the prediction model comprises a genomic, metabolomic, or proteomic prediction model of JIA to predict phenotypes and aid in the culling of certain undesirable traits or plants from a breeding program as seen in JIA in paragraph 0006.
Regarding claim 5, the combination of Baldwin et al. (US 2023/009303 A1) in view of JIA (US 2023/0139567 A1) also teaches, the method of claim 1, wherein the phenotypic measurement of interest comprises plant senescence or stay green (JIA, [0072], ... Non-limiting examples of the observed phenotype and predictive phenotype include yield…stay green…).
Regarding claim 7, the combination of Baldwin et al. (US 2023/009303 A1) in view of JIA (US 2023/0139567 A1) also teaches, the method of claim 1, further comprising determining a dependent phenotypic trait of interest, wherein the dependent phenotypic trait of interest comprises grain filling period (JIA, [0072], ... Non-limiting examples of the observed phenotype and predictive phenotype include yield…grain…).
Claim 14 is rejected for the same reasons as claim 3.
Claim 16 is rejected for the same reasons as claim 5.
Claim 17 is rejected for the same reasons as claim 7.
Claims 6, 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Baldwin et al. (US 2023/0093903 A1) in view of ZHOU, JI (GB 2553631 A).
Regarding claim 6, Baldwin teaches the method of claim 1, but does not explicitly teach further comprising determining a senescence score based on the plurality of image data.
In reference to ZHOU, ZHOU teaches a method of processing images of a crop that includes further comprising determining a senescence score based on the plurality of image data (ZHOU, Summary Section, Page 3, Line 1 – Page 4, line 17, ZHOU teaches … The method comprises retrieving a series of images of a crop captured over a period of time…The method may further comprise….calculating vegetation and senescence period based on a series of the values indicative of vegetative greenness.)
These arts are analogous since they are both related to processing data of images of plants. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the invention of Baldwin with further comprising determining a senescence score based on the plurality of image data of ZHOU to determine image quality to generate dynamic grow curves defining developmental profile of the crop as seen in ZHOU on Page 4, lines 13-17.
Regarding claim 11, the combination of Baldwin et al. (US 2023/009303 A1) in view of ZHOU, JI (GB 2553631 A) also discloses the method of claim 1, further comprising selecting varieties based on phenomic prediction of senescence and stay green ((ZHOU, Summary Section, Page 3, Line 1 – Page 4, line 17, ZHOU teaches … The method comprises retrieving a series of images of a crop captured over a period of time…The method may further comprise….calculating vegetation and senescence period based on a series of the values indicative of vegetative greenness.).
Claim 20 is rejected for the same reasons as claim 6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUPERVISORY PATENT EXAMINER TWYLER HASKINS whose telephone number is (571)272-7406. The SUPERVISORY PATENT EXAMINER TWYLER HASKINS can normally be reached Mon- Thursday: 7:30 am-4:30 pm.
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/TWYLER L HASKINS/ Supervisory Patent Examiner, Art Unit 2639
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