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 .
Claim Objections
Claim 7 is objected to because of the following informalities:
(lines 5-6) “identifies the closing performance of the furrow closing system based on the imager” should be changed to “identifies the closing performance of the furrow closing system based on the image”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a furrow closing system…to close the furrow” in claims 1 and 18, “an image capture device that captures an image” in claim 7, and “a furrow closing system that closes a furrow” in claim 13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 13 and 18 recite the subject matter of a soil sensor sensing a characteristic of the soil and generating a soil sensor signal that has a value responsive to the characteristic of the soil; and a furrow closing system controller that receives the soil sensor signal and that generates a closing system control signal to control the furrow closing system based on the soil sensor signal. In other words, this subject matter describes a closed loop control system for controlling the furrow closing system based on the soil sensor signal. This subject matter was not described in the specification. Rather, the specification describes a sensor that measures or detects whether the seed trench is being adequately closed with soil by measuring the amount of force required to pull the wire through the soil or by measuring the amount of strain, pulling force or tension in the wire or by measuring the amount of soil pressure acting on the wire. The specification further describes that the force, tension or pressure exerted by the soil on the drag wire may be displayed to the operator on the monitor, control decisions are made based on the comparison of the characterized range of the force, tension or pressure, and the closing wheel assembly may be controlled by the monitor generating signals to actuate one or more actuators, and corresponding recommendations may be displayed to the operator. Thus, the specification does not describe a controller that receives a soil sensor signal indicative of a soil characteristic and identifies, responsive to the soil sensor signal, a control parameter for controlling a furrow closing system that closes a furrow opened in the soil, and a control signal generator that generates a closing system control signal to control downforce applied by the furrow closing system to the soil based on the control parameter, which is responsive to the soil sensor signal. Therefore, the claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor at the time the application was filed, had possession of the claimed invention. As such, the effective date of the application is 10/23/2024.
Claims 6-12, 14-18 and 20 recite various subject matter which was not described in the specification, especially wherein the furrow closing system includes a primary furrow closing system, and a secondary furrow closing system.
Claims 2-5 and 19 are rejected for being dependent upon a rejected base claim.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claims 1, 13 and 18 recite the subject matter of a soil sensor sensing a characteristic of the soil and generating a soil sensor signal that has a value responsive to the characteristic of the soil; and a furrow closing system controller that receives the soil sensor signal and that generates a closing system control signal to control the furrow closing system based on the soil sensor signal. In other words, this subject matter describes a closed loop control system for controlling the furrow closing system based on the soil sensor signal. This subject matter was not described in the specification. Rather, the specification describes a sensor that measures or detects whether the seed trench is being adequately closed with soil by measuring the amount of force required to pull the wire through the soil or by measuring the amount of strain, pulling force or tension in the wire or by measuring the amount of soil pressure acting on the wire. The specification further describes that the force, tension or pressure exerted by the soil on the drag wire may be displayed to the operator on the monitor, control decisions are made based on the comparison of the characterized range of the force, tension or pressure, and the closing wheel assembly may be controlled by the monitor generating signals to actuate one or more actuators, and corresponding recommendations may be displayed to the operator. Thus, the specification does not describe a controller that receives a soil sensor signal indicative of a soil characteristic and identifies, responsive to the soil sensor signal, a control parameter for controlling a furrow closing system that closes a furrow opened in the soil, and a control signal generator that generates a closing system control signal to control downforce applied by the furrow closing system to the soil based on the control parameter, which is responsive to the soil sensor signal. Therefore, the claims contain subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. As such, the effective date of the application is 10/23/2024.
Claims 6-12, 14-18 and 20 recite various subject matter which was not described in the specification, especially wherein the furrow closing system includes a primary furrow closing system, and a secondary furrow closing system.
Claims 2-5 and 19 are rejected for being dependent upon a rejected base claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Rotole et al. (US 2024/0244990).
As concerns claim 1, Rotole shows an agricultural machine, comprising: a furrow opener opening a furrow in soil; planting functionality providing seed to the furrow; a furrow closing system that engages the soil to close the furrow; a soil sensor sensing a characteristic of the soil and generating a soil sensor signal that has a value responsive to the characteristic of the soil; and a furrow closing system controller that receives the soil sensor signal and that generates a closing system control signal to control the furrow closing system based on the soil sensor signal (claim 1).
As concerns claim 2, Rotole shows wherein the furrow closing system comprises: a closer; and an actuator coupled to the closer to exert a downforce on the closer, the closing system controlling the actuator based on the soil sensor signal (claim 2).
As concerns claim 3, Rotole shows wherein the soil sensor comprises: a moisture sensor that senses, as the characteristic of the soil, soil moisture (claim 3).
As concerns claim 4, Rotole shows wherein the soil sensor comprises: a soil type sensor that senses, as the characteristic of the soil, soil type (claim 4).
As concerns claim 5, Rotole shows wherein the soil type sensor comprises: a map processing system that receives a soil type map and that processes the soil type map to obtain soil type (claim 5).
As concerns claim 6, Rotole shows wherein the soil sensor comprises: a furrow closing performance sensing system that detects a characteristic indicative of a performance of the closing system in moving the soil to close the furrow (claim 6).
As concerns claim 7, Rotole shows wherein the furrow closing performance sensing system comprises: an image capture device that captures an image of the soil after the furrow closing system has traveled over the soil; and an image processor that identifies the closing performance of the furrow closing system based on the image (claim 7).
As concerns claim 8, Rotole shows wherein the image capture device comprises a stereo camera (claim 8).
As concerns claim 9, Rotole shows wherein the furrow closing system comprises: a primary furrow closing system; and a secondary furrow closing system (claim 9).
As concerns claim 10, Rotole shows wherein the furrow closing system controller is configured to generate the closing system control signal to control the secondary furrow closing system based on the soil sensor signal (claim 10).
As concerns claim 11, Rotole shows wherein the secondary furrow closing system comprises: a closer; and an actuator that moves the closer between a first position in engagement with the soil and a second position out of engagement with the soil and wherein the furrow closing system controller generates the closing system control signal to move the closer between the first position and the second position (claim 11).
As concerns claim 12, Rotole shows wherein the furrow closing system comprises: an adjustable closer with a soil engaging surface that is controllably adjustable to change a shape of the soil engaging surface of the closer, the furrow closing system controller generating the closing system control signal to control the shape of the soil engaging surface of the closer based on the soil sensor signal (claim 12).
As concerns claim 13, Rotole shows a control system on an agricultural machine, the control system comprising: a controller that receives a soil sensor signal indicative of a soil characteristic and identifies, responsive to the soil sensor signal, a control parameter for controlling a furrow closing system that closes a furrow opened in the soil; and a control signal generator that generates a closing system control signal to control downforce applied by the furrow closing system to the soil based on the control parameter (claim 13).
As concerns claim 14, Rotole shows wherein the soil characteristic comprises soil moisture and wherein the controller is configured to identify the control parameter based on the soil moisture, the controller and the control signal generator performing closed loop control of the downforce applied by the furrow closing system based on the soil moisture (claim 14).
As concerns claim 15, Rotole shows wherein the furrow closing system comprises a primary furrow closing system, and a secondary furrow closing system wherein the control signal generator is configured to generate the closing system control signal to control the secondary furrow closing system based on the soil sensor signal (claim 15).
As concerns claim 16, Rotole shows wherein the secondary furrow closing system comprises a closer and an actuator that moves the closer between a first position in engagement with the soil and a second position out of engagement with the soil and wherein the controller identifies, as the control parameter, a position to which to move the closer (claim 16).
As concerns claim 17, Rotole shows wherein the furrow closing system comprises an adjustable closer with a soil engaging surface that is controllable to change a shape of the soil engaging surface of the closer, the controller identifying, as the control parameter, the shape of the soil engaging surface of the closer based on the soil sensor signal (claim 17).
As concerns claim 18, Rotole shows a method of controlling an agricultural machine, comprising: opening a furrow in soil; providing seed to the furrow; engaging the soil to close the furrow; sensing a characteristic of the soil; generating a soil sensor signal that has a value responsive to the characteristic of the soil; and generating a control signal to control a furrow closing system based on the sensor signal (claim 18).
As concerns claim 19, Rotole shows wherein generating a control signal comprises: generating a downforce control signal to control downforce exerted on the soil by the furrow closing system (claim 19).
As concerns claim 20, Rotole shows wherein the furrow closing system comprises a primary closing system and a secondary closing system and wherein generating the control signal comprises: generating a secondary closing system control signal to control the secondary closing system (claim 20).
Claims 1-7 and 9-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schoeny et al. (US 2019/0373797).
As concerns claim 1, Schoeny shows an agricultural machine (10), comprising: a furrow opener (30, 42) opening a furrow in soil (paragraph 0019); planting functionality providing seed to the furrow (paragraph 0019 & 0020); a furrow closing system (32, 46) that engages the soil to close the furrow (paragraph 0019 & 0020); a soil sensor (94) sensing a characteristic of the soil and generating a soil sensor signal that has a value responsive to the characteristic of the soil (paragraph 0027); and a furrow closing system controller (88) that receives the soil sensor signal and that generates a closing system control signal to control the furrow closing system based on the soil sensor signal (paragraph 0024 & 0027-0029).
As concerns claim 2, Schoeny shows wherein the furrow closing system comprises: a closer (46); and an actuator (50, 56, 60) coupled to the closer to exert a downforce on the closer, the furrow closing system controlling the actuator based on the soil sensor signal (paragraph 0028, 0029 & 0031-0034).
As concerns claim 3, Schoeny shows wherein the soil sensor comprises: a moisture sensor that senses, as the characteristic of the soil, soil moisture (paragraph 0027-0029).
As concerns claim 4, Schoeny shows wherein the soil sensor comprises: a soil type sensor that senses, as the characteristic of the soil, soil type (paragraph 0027-0029).
As concerns claim 5, Schoeny shows wherein the soil type sensor comprises; a map processing system that receives a soil type map and that processes the soil type map to obtain soil type (paragraph 0045).
As concerns claim 6, Schoeny shows wherein the soil sensor comprises: a furrow closing performance sensing system that detects a characteristic indicative of a performance of the furrow closing system in moving the soil to close the furrow (paragraph 0034).
As concerns claim 7, Schoeny shows wherein the furrow closing performance sensing system comprises: an image capture device (camera, optical sensor) that captures an image of the soil after the furrow closing system has traveled over the soil (paragraph 0034); and an image processor (inherent that an image processor would be used with the controller when processing images from a camera, optical sensor, etc.) that identifies the closing performance of the furrow closing system based on the image (paragraph 0034).
As concerns claim 9, Schoeny shows wherein the furrow closing system comprises: a primary furrow closing system (32); and a secondary furrow closing system (34).
As concerns claim 10, Schoeny shows wherein the furrow closing system controller is configured to generate the closing system control signal to control the secondary furrow closing system based on the soil sensor signal (paragraph 0024 & 0027-0029).
As concerns claim 11, Schoeny shows wherein the secondary furrow closing system comprises: a closer (72); and an actuator (76) that moves the closer between a first position in engagement with the soil and a second position out of engagement with the soil and wherein the furrow closing system controller generates the closing system control signal to move the closer between the first position and the second position (paragraph 0024 & 0027-0029).
As concerns claim 12, Schoeny shows wherein the furrow closing system comprises: an adjustable closer (46) with a soil engaging surface that is controllably adjustable to change a shape of the soil engaging surface of the closer (Fig. 4), the furrow closing system controller generating the closing system control signal to control the shape of the soil engaging surface of the closer based on the soil sensor signal (paragraph 0035 & 0036).
As concerns claim 13, Schoeny shows a control system on an agricultural machine (10), the control system comprising: a controller (88) that receives a soil sensor signal (94) indicative of a soil characteristic and identifies, responsive to the soil sensor signal, a control parameter for controlling a furrow closing system (32, 46) that closes a furrow opened in the soil (paragraph 0019, 0020, 0024 & 0027-0029); and a control signal generator (90) that generates a closing system control signal to control downforce applied by the furrow closing system to the soil based on the control parameter (paragraph 0024 & 0027-0029).
As concerns claim 14, Schoeny shows wherein the soil characteristic comprises soil moisture and wherein the controller is configured to identify the control parameter based on the soil moisture, the controller and the control signal generator performing closed loop control of the downforce applied by the furrow closing system based on the soil moisture (paragraph 0027-0029).
As concerns claim 15, Schoeny shows wherein the furrow closing system comprises a primary furrow closing system (32), and a secondary furrow closing system (34) wherein the control signal generator is configured to generate the closing system control signal to control the secondary furrow closing system based on the soil sensor signal (paragraph 0024 & 0027-0029).
As concerns claim 16, Schoeny shows wherein the secondary furrow closing system comprises a closer (72) and an actuator (76) that moves the closer between a first position in engagement with the soil and a second position out of engagement with the soil and wherein the controller identifies, as the control parameter, a position to which to move the closer (paragraph 0024 & 0027-0029).
As concerns claim 17, Schoeny shows wherein the furrow closing system comprises an adjustable closer (46) with a soil engaging surface that is controllable to change a shape of the soil engaging surface of the closer (Fig. 4), the controller identifying, as the control parameter, the shape of the soil engaging surface of the closer based on the soil sensor signal (paragraph 0035 & 0036).
As concerns claim 18, Schoeny shows a method of controlling an agricultural machine (10), comprising: opening a furrow in soil (paragraph 0019); providing seed to the furrow (paragraph 0019 & 0020); engaging the soil to close the furrow (paragraph 0019 & 0020); sensing a characteristic of the soil (paragraph 0027); generating a soil sensor signal that has a value responsive to the characteristic of the soil (paragraph 0027-0029); and generating a control signal to control a furrow closing system (32, 46) based on the soil sensor signal (paragraph 0024 & 0027-0029).
As concerns claim 19, Schoeny shows wherein generating a control signal comprises: generating a downforce control signal to control downforce exerted on the soil by the furrow closing system (paragraph 0027-0029 & 0031-0034).
As concerns claim 20, Schoeny shows wherein the furrow closing system comprises a primary closing system (32) and a secondary closing system (34) and wherein generating the control signal comprises: generating a secondary closing system control signal to control the secondary closing system (paragraph 0024 & 0027-0029).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Schoeny et al. as applied to claim 1 above, and further in view of Stanhope et al. (US 2020/0404833).
As concerns claim 8, Schoeny discloses the claimed invention except for wherein the image capture device comprises a stereo camera. Stanhope teaches wherein an image capture device (162) comprises a stereo camera (paragraph 0056). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Schoeny, as taught by Stanhope, to include a stereo camera for the expected benefit of providing three-dimensional images, which improves accuracy of the data. Thus, one of ordinary skill in the art would have recognized that using a stereo camera for the image capture device in the agricultural machine would have provided predictable results and a reasonable expectation of success. Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the expected result of this configuration improves versatility/adaptability/efficiency of the agricultural machine design.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Robertson (US 11,991,948) shows a dynamically adjustable closing wheel. Eichhorn et al. (US 2019/0254223) shows a planter downforce and uplift monitoring and control feedback system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R BUCK whose telephone number is (571)270-3653. The examiner can normally be reached Monday-Thursday 6:30-5.
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, Nicole Coy can be reached at (571)272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R BUCK/Primary Examiner, Art Unit 3672
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