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 .
Introduction
The Examiner acknowledges Applicant’s amendment of claims 3, 5, 10-11, 13-15, 17 and 19 in the preliminary amendment filed by Applicant on 11/21/2024. Claims 1-20 are currently pending in this application and are subject to examination herein.
Information Disclosure Statements
The two (2) information disclosure statement (IDS) submitted on 11/21/2024 and 10/15/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claim(s) 1, 8-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 049815 B2 to Takahiro et al. (hereinafter Takahiro).
Regarding claim 1, Takahiro discloses a harvesting device comprising:
a cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) that cuts a peduncle (fruit stalk 6a of stem 6) (Figs. 4, 23-24, 29; P. 2, lines 34-42; p. 3, line 38 to p. 4, line 6; p. 8, lines 6-9; p. 8, line 54 to p. 9, line 29);
a moving mechanism (shaft J2 and/or arm segments) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 7, line 28 to p. 8, line 19; p. 9, lines 3-48) that moves the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) in a front and rear direction to approach and separate from the peduncle (fruit stalk 6a of stem 6) (Figs. 4, 23-24, 29; P. 2, lines 34-42; p. 3, line 38 to p. 4, line 6; p. 8, lines 6-9; p. 8, line 54 to p. 9, line 29);
a first detection unit (one or more of fixed camera 12a and/or fixed camera 12b and/or hand camera 17) (Figs. 1, 5-7, 9, 19, 20A-20B, 21, 23-24; P. 2, line 53 to p. 3, line 8; p. 4, lines 10-38) which detects that the peduncle (fruit stalk 6a of stem 6) (Figs. 4, 23-24, 29; P. 2, lines 34-42; p. 3, line 38 to p. 4, line 6; p. 8, lines 6-9; p. 8, line 54 to p. 9, line 29) is within a cuttable range; and
a drive unit (motors for shaft J2 and/or arm segments) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 29-31; p. 7, line 28 to p. 8, line 19; p. 9, lines 3-48) that moves the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) toward the cuttable range in a case where the first detection unit (one of fixed camera 12a, fixed camera 12b and/or hand camera 17) (Figs. 1, 5-7, 9, 19, 20A-20B, 21, 23-24; P. 2, line 53 to p. 3, line 8; p. 4, lines 10-38) detects that the peduncle (fruit stalk 6a of stem 6) (Figs. 4, 23-24, 29; P. 2, lines 34-42; p. 3, line 38 to p. 4, line 6; p. 8, lines 6-9; p. 8, line 54 to p. 9, line 29) is within the cuttable range.
Regarding claim 8, Takahiro discloses the harvesting device according to claim 1 (see above). Furthermore, Takahiro discloses that the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) has a blade unit (cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6), and the drive unit (motors for shaft J2 and/or arm segments) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 29-31; p. 7, line 28 to p. 8, line 19; p. 9, lines 3-48) moves the blade unit (cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6) toward the cuttable range.
Regarding claim 9, Takahiro discloses the harvesting device according to claim 1 (see above). Furthermore, Takahiro discloses a holding unit (holding blades 102) (Fig. 6C; P. 3, lines 38 to p. 4, line 5) that holds a fruit supported by the peduncle.
Regarding claim 10, Takahiro discloses the harvesting device according to claim 1 (see above). Furthermore, Takahiro discloses that a second detection unit (other one of fixed camera 12a or fixed camera 12b) (Figs. 1, 5-7, 9, 19, 20A-20B, 21, 23-24; P. 2, line 53 to p. 3, line 8; p. 4, lines 10-38) which detects that the peduncle is in an uncuttable range, wherein the uncuttable range is a positional range opposite to the cuttable range in a width direction of the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19).
Regarding claim 11, Takahiro discloses the harvesting device according to claim 1 (see above). Furthermore, Takahiro discloses a harvesting device further comprising a third detection unit (hand camera 17) (Figs. 1, 5-7, 9, 19, 20A-20B, 21, 23-24; P. 2, line 53 to p. 3, line 8; p. 4, lines 10-38) which detects that the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) cuts the peduncle.
Regarding claim 12, Takahiro discloses the harvesting device according to claim 11 (see above). Furthermore, Takahiro discloses a harvesting device wherein the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) has scissors (cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6), and on the basis of a detection result of the third detection unit (hand camera 17) (Figs. 1, 5-7, 9, 19, 20A-20B, 21, 23-24; P. 2, line 53 to p. 3, line 8; p. 4, lines 10-38), it is determined whether or not the scissors (cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6) are closed.
Regarding claim 13, Takahiro discloses the harvesting device according to claim 11 (see above). Furthermore, Takahiro discloses a harvesting device wherein the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) has:
a blade body (first blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6) with a blade line located at an end on the cuttable range side in a left-right direction; and
a facing body (second blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6) having an end on the blade body side in the left-right direction which faces the blade line of the blade body (first blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6),
wherein the third detection unit (hand camera 17) (Figs. 1, 5-7, 9, 19, 20A-20B, 21, 23-24; P. 2, line 53 to p. 3, line 8; p. 4, lines 10-38) detects:
whether or not the end on the cuttable range side in the left-right direction of the blade body (first blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6), and the end on the blade body side in the left-right direction of the facing body (second blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6), come into contact with each other;
an interval between the end on the cuttable range side in the left-right direction of the blade body (first blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6) and the end on the blade body side in the left-right direction of the facing body (second blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6); or
external force which acts on at least one of the blade body and the facing body.
Regarding claim 14, Takahiro discloses the harvesting device according to claim 11 (see above). Furthermore, Takahiro discloses a harvesting device wherein:
the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) has:
a blade body (first blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6) with a blade line located at an end on the cuttable range side in a left-right direction;
a facing body (second blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6) having an end on the blade body side in the left-right direction which faces the blade line of the blade body (first blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6); and
a pair of handles (portion of cutting blade assembly facing away from the blades) (Fig. 6C) that extend from the blade body (first blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6) and the facing body (second blade of cutting blade assembly 101) (Fig. 6C; P. 3, line 38 to p. 4, line 6) in the other direction of the front-rear direction away from the peduncle, and that face each other, and the third detection unit (hand camera 17) (Figs. 1, 5-7, 9, 19, 20A-20B, 21, 23-24; P. 2, line 53 to p. 3, line 8; p. 4, lines 10-38) detects:
whether or not the pair of the handles (portion of cutting blade assembly facing away from the blades) (Fig. 6C) come into contact with each other; or an interval between the pair of the handles (portion of cutting blade assembly facing away from the blades) (Fig. 6C).
Regarding claim 15, Takahiro discloses the harvesting device according to claim 1 (see above). Furthermore, Takahiro discloses a harvesting device wherein the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) is movable in a width direction (e.g., open/closed) of the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) with respect to the moving mechanism (shaft J2 and/or arm segments) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 7, line 28 to p. 8, line 19; p. 9, lines 3-48).
Regarding claim 16, Takahiro discloses the harvesting device according to claim 14 (see above). Furthermore, Takahiro discloses a harvesting device wherein the moving mechanism (shaft J2 and/or arm segments) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 7, line 28 to p. 8, line 19; p. 9, lines 3-48) further has a restoration mechanism that returns the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) which has moved from a reference position in a width direction of the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19), to the reference position.
Regarding claim 17, Takahiro discloses the harvesting device according to claim 1 (see above). Furthermore, Takahiro discloses a harvesting device wherein the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) is rotatable (See Figs. 20A, 20B, 23-24) around a rotating shaft parallel to a width direction of the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19).
Regarding claim 18, Takahiro discloses the harvesting device according to claim 1 (see above). Furthermore, Takahiro discloses a harvesting device wherein the moving mechanism (shaft J2 and/or arm segments) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 7, line 28 to p. 8, line 19; p. 9, lines 3-48) has:
a holding member (mounting member 30) (Figs. 5B, 20A, 20B, 23-24; P. 3, lines 20-46) that holds the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) and the first detection unit (hand camera 17) (Figs. 1, 5-7, 9, 19, 20A-20B, 21, 23-24; P. 2, line 53 to p. 3, line 8; p. 4, lines 10-38); and
an arm (sixth arm portion 29 and/or fifth arm portion 28) (Fig. 5B, 20A, 20B, 23-24; P. 3, lines 20-46) that is aligned with the holding member (mounting member 30) (Figs. 5B, 20A, 20B, 23-24; P. 3, lines 20-46) in a width direction of the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19), and
the arm (sixth arm portion 29 and/or fifth arm portion 28) (Fig. 5B, 20A, 20B, 23-24; P. 3, lines 20-46) movably supports the holding member (mounting member 30) (Figs. 5B, 20A, 20B, 23-24; P. 3, lines 20-46) in the width direction of the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19).
Regarding claim 20, Takahiro discloses the harvesting device according to claim 18 (see above). Furthermore, Takahiro discloses a harvesting device wherein the holding member (mounting member 30) (Figs. 5B, 20A, 20B, 23-24; P. 3, lines 20-46) is rotatable with respect to the arm (sixth arm portion 29 and/or fifth arm portion 28) (Fig. 5B, 20A, 20B, 23-24; P. 3, lines 20-46) in a direction perpendicular to the front-rear direction and the width direction of the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) together with the cutting unit (cutting/holding mechanism 21a at tip of hand 21) (Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 6-18; p. 3, lines 38-46; p. 7, line 28 to p. 8, line 19) and the first detection unit (hand camera 17) (Figs. 1, 5-7, 9, 19, 20A-20B, 21, 23-24; P. 2, line 53 to p. 3, line 8; p. 4, lines 10-38).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahiro in view of Chinese Pat. Pub. No. CN 115104429 A to Wang et al. (hereinafter Wang) (cited by Applicant in IDS filed on 10/15/2025).
Regarding claim 2, Takahiro discloses the harvesting device according to claim 1 (see above). However, Takahiro does not expressly disclose that the first detection unit has:
an antenna unit that is capable of advancing and retreating in the front-rear direction, and contacts the peduncle;
an urging member that urges the antenna unit in one direction of the front-rear direction approaching the peduncle; and
a sensor that detects a retreat amount of the antenna unit in the other direction of the front-rear direction away from the peduncle with respect to the cutting unit,
the moving mechanism moves the antenna unit in the front-rear direction together with the cutting unit, and
on the basis of a detection result of the sensor, it is determined whether or not the peduncle is within the cuttable range in the front-rear direction.
Nevertheless, Wang teaches an antenna unit (V-shaped guide positioning rod 20, tactile sensor 21 and/or fruit handle position sensor 22) (Fig. 6; Paras. [0021]) that is capable of advancing and retreating in the front-rear direction, and contacts the peduncle;
an urging member that urges the antenna unit (V-shaped guide positioning rod 20, tactile sensor 21 and/or fruit handle position sensor 22) (Fig. 6; Paras. [0021]) in one direction of the front-rear direction approaching the peduncle (Para. [0021]); and
a sensor (tactile sensor 21 and/or fruit handle position sensor 22) (Fig. 6; Para. [0021]) that detects a retreat amount of the antenna unit (V-shaped guide positioning rod 20, tactile sensor 21 and/or fruit handle position sensor 22) (Fig. 6; Paras. [0021]) in the other direction of the front-rear direction away from the peduncle with respect to the cutting unit, and
on the basis of a detection result of the sensor (tactile sensor 21 and/or fruit handle position sensor 22) (Fig. 6; Para. [0021]), it is determined whether or not the peduncle is within the cuttable range in the front-rear direction.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvesting device disclosed by Takahiro with the antenna unit taught in Wang in order to provide tactile sensing of the peduncle during the harvesting operation. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvesting device disclosed by Takahiro with the antenna unit taught in Wang, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 3, Takahiro in view of Wang teaches the harvesting device according to claim 2 (see above). Furthermore, Wang teaches that the antenna unit (V-shaped guide positioning rod 20, tactile sensor 21 and/or fruit handle position sensor 22) (Fig. 6; Paras. [0021]) is located on a base end side with respect to a tip of the cutting unit (See Fig. 6) when the antenna unit (V-shaped guide positioning rod 20, tactile sensor 21 and/or fruit handle position sensor 22) (Fig. 6; Paras. [0021]) is not in contact with the peduncle.
Regarding claim 4, Takahiro in view of Wang teaches the harvesting device according to claim 2 (see above). Furthermore, Wang teaches that wherein when a movement amount of the antenna unit (V-shaped guide positioning rod 20, tactile sensor 21 and/or fruit handle position sensor 22) (Wang at Fig. 6; Paras. [0021]) in the other direction of the front-rear direction with respect to the cutting unit is equal to or greater than a threshold value, the drive unit (motors for shaft J2 and/or arm segments) (Takahiro at Figs. 1, 6A-6C, 7, 19, 20A-20B, 23-24; P. 3, lines 29-31; p. 7, line 28 to p. 8, line 19; p. 9, lines 3-48) moves the cutting unit toward the cuttable range.
Regarding claim 5, Takahiro in view of Wang teaches the harvesting device according to claim 2 (see above). Furthermore, Wang teaches that the cutting unit has scissors (Fig. 3), and at least a portion of the antenna unit (V-shaped guide positioning rod 20, tactile sensor 21 and/or fruit handle position sensor 22) (Fig. 6; Paras. [0021]) is disposed at such a position as to overlap with the scissors in a top view (see Fig. 3).
Regarding claim 6, Takahiro in view of Wang teaches the harvesting device according to claim 2 (see above). Furthermore, Wang teaches that the antenna unit (V-shaped guide positioning rod 20, tactile sensor 21 and/or fruit handle position sensor 22) (Fig. 6; Paras. [0021]) faces the cutting unit with a gap in an up-down direction (See Figs. 1-7).
Allowable Subject Matter
Claims 7 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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. U.S. Pat. Pub. Nos. 2023/0060138 to Shimomura; 2019/0029178 to Russel et al.; 2016/0050852 to Lee; and 2024/0276919 to Barth et al.; and Japanese Pat. Pub. Nos. JP 2022093928 A to Kaneda; JP 2023048550 A to Oda; JP 2023037501 A to Takatsuji et al.; JP 2011211969 A to Yamamoto et al.; and JP2021093968 A to Arihara et al. relate to harvesting devices that can sever the peduncle to harvest fruit or vegetables.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAUDE J BROWN whose telephone number is (571)270-5924. The examiner can normally be reached Mon-Fri 8AM-5PM.
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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671
Prosecution Insights