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 .
Reissue Applications
For reissue applications filed before September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September 15, 2012. Where specifically designated, these are “pre-AIA ” provisions.
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceed-ing in which Patent No. 11,903,378 is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is mate-rial to patentability of the claims under consideration in this reissue appli-cation.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Response to Amendment
The amendment filed February 20, 2025 proposes amendments to the claims and specification that do not comply with 37 CFR 1.173(b), which sets forth the manner of making amendments in reissue applications.
The Examiner notes that any changes relative to the patent being reissued that are made to the specification including the claims must include the following markings:
The matter to be omitted by reissue must be enclosed in brackets; and
The matter to be added by reissue must be underlined.
With respect to the amendment to the specification submitted on February 20, 2025, the Applicant included ‘double brackets’ to indicate matter to be omitted. As set forth above, only brackets are used (not double brackets).
The Examiner also recommends placing a parenthetical expression for the original claims which remain unamended (such as “Original”).
Claim Objections
Claims 1 is objected to because of the following informalities: In line 6, “spay” should be changed to “spray” in order to correct a typographical issue. Appropriate correction is required.
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.
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.
Claim(s) 1-6 and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Preheim et al. US Patent Pub. 2016/0227755 in view of Koch et al. US Patent 2015/0237795 and further in view of Peterson US 2013/0105591.
Regarding claim 1:
A method of graphically mapping liquid product applied to a field by an agricultural sprayer having a plurality of spray nozzles or a gang of the plurality of spray nozzles, the method comprising:
With reference to Figure 3 and paragraph [0022], Preheim discloses a graphical user interface which allows a user to zoom in on a plurality of zones and sub-zones which indicate agriculture product delivery information. As shown in Figure 1, a plurality of spray nozzles is depicted on an agriculture sprayer. See paragraphs [0019-0020]. As explained in paragraph [0019], the agriculture product includes carrier fluid such as water, herbicides, pesticides or the like. See also paragraph [0005].
monitoring geographic locations of each of the plurality of spray nozzles or the gang of the plurality of spray nozzles as the agricultural sprayer traverses the field;
As explained in paragraph [0007], Preheim discloses a field map and where each of the plurality of nozzles are configured to dispense the agriculture product at individual rates according to the location of the one or more nozzles on the field map. Figure 3 is an example of a field content map associated with corresponding field locations. See paragraph [0021]. Preheim at paragraph [0030] discloses the system 60 includes one or more location fiducials associated with the system 60, the one or more location fiducials are configured to mark the location of one or more nozzles (or ECUs) of the plurality of nozzles on a field map (e.g., indexed with product flow rates, moisture content, crop type, agricultural product type, or the like).
measuring the pressure at regular time intervals at each of the plurality of spray nozzles or the gang of the plurality of spray nozzles as the agricultural sprayer traverses the field;
As disclosed in paragraph [0029], each nozzle includes an ECU coupled to a PWM valve. In paragraph [0033], it is disclosed that the ECU includes a pressure sensor configured to measure the pressure of each of PWM valves and the pressure is used to calibrate one or more thermistors. See paragraph [0034]. As explained in paragraph [0023], the master node controls the master PWM valve so as to maintain the targeted system pressure, such that a desired droplet size of the agricultural product is obtained out of the nozzles.
The Examiner notes that although Preheim discloses of measuring the pressure at each of the plurality of spray nozzles as the spray traverse the field, Preheim is not specifically clear as to the time period or the frequency of the measurements. The Examiner however, finds that it would have been obvious to a person of ordinary skill in the art to understand that the pressure would be measured at regular time periods since Preheim discloses that each sub-zone (see Figure 3) can have different amounts of agricultural product and thus, frequent measurements would have to be performed in order to determine the amount of agricultural product to dispense for each zone and sub-zone.
Nonetheless, Koch discloses that it was known to measure at regular time intervals as an tractor traverses a field. For example, Koch discloses a monitor system stores the time of corresponding seed pulses in multiple intervals as well as row velocity. See paragraph [0041]. See also paragraph [0059] which discloses of a population deviation map that monitors over a time interval. Thus Koch discloses that it was known to measure various type of information at regular time intervals as a tractor traverses a field. In paragraph [0047], Koch discloses that the first interval is associated with a map area.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to measure the pressure of Preheim at regular time intervals. Indeed, Preheim already discloses that each zone can be displayed and thus, it would have been predictable to a person of ordinary skill in the art that measurements would have to be taken at regular intervals as the sprayer traverses the field. As disclosed in paragraph [0047] of Koch, the interval is associated with a map and is used to define a map block. Preheim also discloses of blocks (sub-zones) with different stippling and thus, a person of ordinary skill in the art would have understood that regular intervals for measurements can be used to define the measured values for each sub-zone/block in order to correctly map the field for the dispensed agricultural product.
deriving a droplet size of the liquid product sprayed by each of the plurality of spray nozzles or the gang of the plurality of spray nozzles based on said measured pressure and predefined nozzle characteristics of each of said plurality of spray nozzles or the gang of the plurality of spray nozzles;
As set forth in paragraph [0027], Preheim discloses nozzle characteristics include, but are not limited to, nozzle position on a boom, length of the boom, nozzle spacing, target flow rate for the system, yaw rate of the boom, yaw rate of the agricultural sprayer, speed of the agricultural sprayer, the overall system pressure, agricultural product characteristics.
As further explained in paragraph [0023], a desired droplet size of the agriculture product is obtained based on the target system pressure. Thus, Preheim disclose that the pressure determines the droplet size of the liquid product that is sprayed by the spray nozzles.
The Examiner finds that to the extent it is considered that the droplet size is not derived based on the measure pressure, the Examiner finds that it would have been obvious to a person of ordinary skill in the art to derive a droplet size based on the pressure since Preheim already discloses that the pressure is controlled so that a desired droplet size is obtained. Thus, the droplet size is known to the system based on the pressure.
Nonetheless, Peterson discloses of a method implemented on a sprayer machine in which the droplet size can be altered on a continuous or periodic basis. See paragraph [0030]. As further explained in paragraph [0035], the size of the droplet is based on the amount of pressure. In the example provided, to decrease the size of the drop, the pressure is increased of the spray produced, thus decreasing the size of the drop. In addition, Perterson disclose that a characteristic of the nozzle is also considered and that based on the type of nozzle employed, the pressure can be increased using a variety of different methods. See paragraph [0034].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to derive a droplet size based on the pressure and nozzle characteristics. As explained by Preheim and Peterson, there is a correlation between the size of the droplet and the pressure. Therefore, it would have been predictable to a person of ordinary skill in the art to derive a droplet size based on the measured pressure and the nozzle characteristics in order to determine the amount of droplets that was dispensed.
generating an application map [[on an aerial image of the field]],
See Figure 3 of Preheim which discloses an application map (i.e. a field map). See also paragraphs [0021-0022] which discloses that the field map is interactive and allows a user through a graphical user interface to interact with the field map.
the application map including a droplet size map displaying said droplet sizes being sprayed by each of the plurality of spray nozzles or the gang of the plurality of spray nozzles as the agricultural sprayer traverses the field.
As explained in paragraph [0021], the field map includes a visual representation of agriculture product delivery as well as varying stippling, shading which is associated in one or more zones. The varying stippling, sharing corresponds to the agricultural product or flow rate, magnitude of the comparison or type of calibration instruction. As explained in paragraph [0030], the moisture content values related to the zones/sub-zones provides information related to the agriculture product. See paragraphs [0022-0023] which discloses that the nozzle flow rate of an agricultural product is dispensed from the nozzle and the that flow rate is based on the system pressure and desired droplet size (whether smaller or larger droplet size) of the agricultural product. Thus, the map, based on varying stippling or shading can display agricultural product instructions which is based on the droplet size (smaller or larger droplet size) since the size corresponds to the agricultural product instructions.
Regarding claim 2:
The method of claim 1, wherein said [[as-applied]] application map includes a schematic representation of a location of the agricultural sprayer and the plurality of spray nozzles or the gang of the plurality of spray nozzles as the agricultural sprayer traverses the field.
Preheim does not specifically disclose that the application map includes a schematic representation of a location of the agricultural sprayer and the plurality of spray nozzles as the agricultural sprayer traverses the field.
Nonetheless, Koch at paragraph [0038] discloses that it was known to have a system display a downforce/population/spacing/singulation/ride quality/population deviation map which includes a schematic representation of the location of a planter and its transversly-space row units. See Figure 4. See also paragraph [0040];[0049-005],[0053] and [0059] and Figure 5, 7, 10 and 14.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a schematic representation of a location of the agricultural sprayer of Preheim and the plurality of sprayer nozzles based on the teachings of Koch which disclose that it was known to have a schematic representation of a planter as it traverses a field. As explained by Koch this helps improve monitoring techniques to improve operational and decision make based on spatial variations in farming practices. See paragraph [0001]. The Examiner notes that both Preheim and Koch discloses of a display area with a plurality of rows and map blocks. Thus, Preheim already provides a map with the same type of display area (rows) with respect to information regarding the field. Including a schematic representation would allow the user to visualize the direction which would aid in operation and decision making as disclosed by Koch.
Regarding claim 3:
The method of claim 2, wherein said droplet size map includes a droplet map block placed in a location occupied by each of said plurality of spray nozzles or the gang of the plurality of spray nozzles as the agricultural sprayer traverses the field.
As discloses in paragraph [0021-0022], Preheim discloses tht the droplet map (see also Figure 3) includes a droplet map block placed in a located occupied by the gang of the plurality of spray nozzles as the sprayer traversed the field.
Regarding claim 4:
The method of claim 3, wherein each said droplet map block corresponds to a droplet size range.
As discloses in paragraph [0021-0022], Preheim discloses that the droplet map (see also Figure 3) includes a droplet map block placed in a located occupied by each of the plurality of spray nozzles as the sprayer traversed the field.
Likewise, Koch discloses that its map discloses that each block corresponds to a range. See for example Figure 5 and paragraph [0048-0049] which discloses that a pattern, symbol or color corresponds to a range of seed spacing.
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have a range in order to differentiate between different droplet sizes. As explained by Preheim, different or varying stippling, shading or coloring can be used to show the differences between the amount of agriculture product. Thus, having a range would allow for a differentiation between the different amounts of product that is dispensed for each mapped block.
Regarding claim 5:
The method of claim 4, wherein each said droplet size range is represented by a pattern, symbol or color.
Preheim discloses that as shown by way of varying stippling, shading, or the like a plurality of zones 32 accordingly has corresponding agricultural product delivery instructions (e.g., agricultural product type or flow rate, etc.), magnitude of the comparison, or type of calibration instruction. See Figure 3 and paragraphs [0021-0022].
As also set forth above, Koch also discloses that its map discloses that each block corresponds to a range. See for example Figure 5 and paragraph [0048-0049] which discloses that a pattern, symbol or color corresponds to a range of seed spacing.
Regarding claim 6:
The method of claim 5, wherein said droplet size map includes a legend associating each said pattern, symbol or color with each said droplet size range. Preheim does not specifically disclose of including a legend associated with each pattern.
Nonetheless, Koch discloses that its map discloses that each block corresponds to a range. See for example Figure 5 and paragraph [0048-0049] which discloses that a pattern, symbol or color corresponds to a range of seed spacing. In addition, Koch includes a legend associated with the ranges and pattern. See Figures 4 and 5.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a legend. As set forth by Koch a legend is used to explain the pattern, symbol or color to a user viewing the map. Therefore, it would have been predictable to a person of ordinary skill in the art to apply a legend to Preheim’s map since Preheim discloses of varying stippling and shading and a legend would help to determine the differences between the varying stippling a shading of the map.
Regarding claim 15:
The method of claim 1, wherein the spray nozzles of the plurality of spray nozzles or the gang of the plurality of spray nozzles are configured with actuators enabling selection of different nozzle droplet sizes.
As set forth in paragraph [0023], Preheim discloses the spray nozzles include a valve for selection of a desired droplet size. See also paragraph [0025] which discloses different types of valves.
Regarding claim 16:
The method of claim 1, wherein the application map is superimposed on an aerial image of the field.
See Figure 3 which discloses an aerial image of the field. See also paragraph [0021-0022]. See also paragraph [0037 and 0062] of Koch which also discloses that it was known to superimpose the map on an aerial image.
Regarding claim 17:
The method of claim 1, wherein the application map includes a first spatial map of the field based on geo-referenced locations of the field.
As shown in Figure 3, Preheim discloses an application map of the field based on locations of the field. To the extent it is considered that the map of Preheim is not a spatial map of the field based on geo-referenced locations of the field, Koch at [0062] and Figures 4 and 5 which discloses a spatial map based on geo-referenced locations.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a first spatial map of the field based on geo-referenced locations of the field. As explained in paragraph [0062] of Koch, the geo-reference location is used by a user in order to visually determine the corresponding locations of the blocks on at least a first field map. See also paragraph [0063]
Regarding claim 18:
The method of claim 17, wherein the application map is generated at a first application of the liquid product to the field, the application map generated at the first application comprising a first set of agricultural data.
As explained in paragraph [0021] of Preheim, the field map includes a visual representation of agriculture product delivery as well as varying stippling, shading which is associated in one or more zones. As explained in paragraph [0030], the moisture content values related to the zones/sub-zones provides information related to the agriculture product. See paragraphs [0022-0023]
Regarding claim 19:
The method of claim 18, wherein the first set of agricultural data is linked to a second set of agricultural data, wherein the second set of agricultural data includes a second special map of the field based on the geo-referenced locations of the field, and wherein the second set of agricultural data is any of: an earlier application of the product to the field, soil types in the field, and yield data for the field.
Preheim, does not specifically disclose that the first set of agricultural data is linked to a second set of agricultural data and that the second set includes a second special ma of the field based on the geo-referenced locations of the field.
Koch discloses a second set of agriculture data which includes soil types or yield data for the field. See paragraph [0070]. See also Figure 18. As explained in Figure 19 and paragraph [0062], Koch discloses a method for linking maps of geographical data for a first and second set of agriculture data.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide a second set of agricultural data. As shown by Koch it was known to gather various types of different data related to agriculture. Thus, includes different sets of data as it pertains to droplets, soil type of yield data would have been obvious to a person of ordinary skill in the art since it would allow for improving operator and grower decision making with respect to farming practices. See paragraph [0001] of Koch.
Regarding claim 20:
The method of claim 19, wherein the first set of agricultural data is displayed in a first map window and the second set of agricultural data is displayed in a second map window.
Koch discloses a first set of agricultural data displayed on a first map and a second set of agricultural data displayed on a second map window. See paragraphs [0062]and [0070], Figures 18-19.
As set forth above, Preheim and Koch include different sets of data as it pertains to droplets, soil type of yield data and thus, it would have been obvious to a person of ordinary skill in the art to display both sets of data on a first and second map since it would allow for improper operator and grower decision making with respect to farming practices. See paragraph [0001] of Koch.
Claim(s) 7-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Preheim et al. US Patent Pub. 20160227755 in view of Koch et al. US Patent 2015/0237795 and further in view of Peterson US 2013/0105591 and further in view of Needham US Patent Pub. 2012/0228395.
Regarding claim 7:
The method of claim 1, further comprising: determining a nozzle velocity of each nozzle of the plurality of spray nozzles or the gang of the plurality of spray nozzles;
Preheim does not specifically discloses of determining a nozzle velocity of each nozzle.
Needham discloses that a determination is made in order to achieve a desired quantity of fluid flow and that if an application rate per unit area is dressed then the nozzle velocity and other characteristics may be used. See paragraph [0117-0118 and 0120].
deriving an application rate of the liquid product sprayed by each of the plurality of spray nozzles or said gang of spray nozzles based on said measured pressure and said nozzle velocity;
While, Preheim discloses of deterring a droplet size, to the extent it is considered that Preheim does not specifically derive an application rate based on measured pressure and nozzle velocity, the Examiner finds that Needham discloses that the desired application rate uses the nozzle velocity and outlet pressure. See paragraph [0118]. As stated in paragraph [0006], the ability to quickly and precisely control the application rate and droplet size, at a high degree of spatial resolution, is important in achieving optimal control. Needham also discloses of deriving the desired pressure from different parameters. See also paragraph [0072] which discloses that the pressure controls the spray nozzle and therefore, the spray droplet size. Needham further states that this control, when coupled with the existing PWM-based control of the flow rate of liquid, may allow for complete control, on a nozzle-by-nozzle basis, of spray application rate and droplet size for use in agricultural spraying. See also paragraph [0117 and 0120] with respect to the nozzle velocity, application rate and pressure.
wherein said application map includes an application rate map displaying said application rates being sprayed by each of the plurality of spray nozzles or said gang of spray nozzles as the agricultural sprayer traverses the field.
The Examiner notes that as set forth above, Preheim discloses of an application map which includes a droplet size that is dispensed. Koch, similarly discloses that it was known to include an application map which display a plurality of different information as it pertains to agriculture. Preheim and Koch do not specifically disclose of an application rate map, however, it would have been obvious to a person of ordinary skill in the art to include an application rate map since the combination of Preheim and Koch already discloses of displaying a plurality of different types of information related to agriculture. In addition, as set forth above, Needham discloses that it was known to determine the application rate as it pertains to both pressure and droplet size. See paragraphs [0117-0118 and 00120].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to also include the application rate along with determining the nozzle velocity as disclosed by Needham. As disclosed by Needham by determining the velocity and pressure, this would allow for complete control, on a nozzle-by-nozzle basis, of spray application rate and droplet size for use in agricultural spraying. See paragraphs [0072] and [0122].
Regarding claim 8:
The method of claim 7, wherein said step of determining nozzle velocity is based on a measured speed of the agricultural sprayer.
Needham discloses in paragraph [0004] that the proper flow rate is a function of the nozzle spacing and vehicle ground speed. See also paragraph [0010] which correlates application rate with ground speeds. See also paragraphs [0097-0098] which disclose the dispense of fluid from the nozzle assembly in consideration of the speed relative to the ground. As set forth in paragraph [0100], the speed of the system, the pressure and the application rate are determined. As explained above, the nozzle velocity is also related to the application rate. See paragraph [0126].
As set forth above, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to also to determine the nozzle velocity as disclosed by Needham. As disclosed by Needham, by determining the velocity and pressure, this would allow for complete control, on a nozzle-by-nozzle basis, of spray application rate and droplet size for use in agricultural spraying. See paragraphs [0072] and [0122]
Regarding claim 9:
The method of claim 7, wherein said step of determining nozzle velocity is determined using speed sensors mounted to the sprayer.
Koch, as set forth above, discloses that it was known to includes speed sensors mounted to the tractor in order to calculate a row velocity. See paragraph [0041]. Needham as set forth above, discloses that the system includes determining velocity.
Therefore, Preheim in combination with Koch and Needham disclose determining nozzle velocity using speed sensor. As set forth above, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to also to determine the nozzle velocity as disclosed by Needham. As disclosed by Needham by determining the velocity and pressure, this would allow for complete control, on a nozzle-by-nozzle basis, of spray application rate and droplet size for use in agricultural spraying. See paragraphs [0072] and [0122]
Regarding claim 10:
The method of claim 7, wherein said application rate map includes a schematic representation of a location of the agricultural sprayer and the plurality of nozzles or the gang of the plurality of spray nozzles as the agricultural sprayer traverses the field.
As set forth above, Koch at paragraph [0038] discloses that it was known to have a system display a downforce/population/spacing/singulation/ride quality/population deviation map which includes a schematic representation of the location of a planter and its transversely-space row units. See Figure 4. See also paragraph [0040];[0049-005],[0053] and [0059] and Figure 5, 7, 10 and 14.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a schematic representation of a location of the agricultural sprayer of Preheim and the plurality of sprayer nozzles based on the teachings of Koch which disclose that it was known to have a schematic representation of a planter as it traverses a field. As explained by Koch this helps improve monitoring techniques to improve operational and decision make based on spatial variations in farming practices. See paragraph [0001]. The Examiner notes that both Preheim and Koch discloses of a display area with a plurality of rows and map blocks. Thus, Preheim already provides a map with the same type of display area (rows) with respect to information regarding the field. Including a schematic representation would allow the user to visualize the direction which would aid in operation and decision making as disclosed by Koch.
Regarding claim 11:
The method of claim 10, wherein said application rate map includes an application rate map block placed in a location occupied by each of the plurality of spray nozzles or the gang of the plurality of spray nozzles as the agricultural sprayer traverses the field.
As discloses in paragraph [0021-0022], Preheim discloses that the droplet map (see also Figure 3) includes a droplet map block placed in a located occupied by each of the plurality of spray nozzles as the sprayer traversed the field.
Koch at paragraph [0038] discloses that it was known to have a system display a downforce/population/spacing/singulation/ride quality/population deviation map which includes a schematic representation of the location of a planter and its transversely-space row units. See Figure 4. See also paragraph [0040];[0049-005],[0053] and [0059] and Figure 5, 7, 10 and 14.
As also set forth above, Needham discloses that it was known to determine the application rate. See paragraphs [0117-0118 and 00120].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a schematic representation of a location of the agricultural sprayer of Preheim and the plurality of sprayer nozzles based on the teachings of Koch and Needham which disclose that it was known to have an application rate map block placed in a location occupied by each of the plurality of spray nozzles as the agricultural sprayer traverses the field. As explained by Koch this helps improve monitoring techniques to improve operational and decision make based on spatial variations in farming practices. See paragraph [0001]. The Examiner notes that both Preheim and Koch discloses of a display area with a plurality of rows and map blocks. Thus, Preheim already provides a map with the same type of display area (rows) with respect to information regarding the field. Including a schematic representation would allow the user to visualize the direction which would aid in operation and decision making as disclosed by Koch.
Regarding claim 12:
The method of claim 11, wherein each said application rate map block corresponds to an application rate range.
As set forth above, Preheim discloses in paragraph [0021-0022] that the droplet map (see also Figure 3) includes a droplet map block placed in a located occupied by each of the plurality of spray nozzles as the sprayer traversed the field.
Likewise, Koch discloses that its map discloses that each block corresponds to a range. See for example Figure 5 and paragraph [0048-0049] which discloses that a pattern, symbol or color corresponds to a range of seed spacing.
Needham discloses that it was known for spray nozzle to provide a range of droplet sizes, distribution patterns, and flowrates. See paragraph [0007]
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have a range in order to differentiate between different droplet and application rate sizes. As explained by Preheim, different or varying stippling, shading or coloring can be used to show the differences between the amounts of agriculture product including application rate. Thus, having a range would allow for a differentiation between the different amounts of product that is dispensed for each mapped block.
Regarding claim 13:
The method of claim 12, wherein each said application rate range is represented by a pattern, symbol or color.
Preheim discloses that as shown by way of varying stippling, shading, or the like a plurality of zones 32 accordingly has corresponding agricultural product delivery instructions (e.g., agricultural product type or flow rate, etc.), magnitude of the comparison, or type of calibration instruction. See Figure 3 and paragraphs [0021-0022].
As also set forth above, Koch also discloses that its map discloses that each block corresponds to a range. See for example Figure 5 and paragraph [0048-0049] which discloses that a pattern, symbol or color corresponds to a range of seed spacing.
Regarding claim 14:
The method of claim 13, wherein said application rate map includes a legend associating each said pattern, symbol or color with each said application rate range.
Preheim does not specifically disclose of including a legend associated with each pattern.
Nonetheless, Koch discloses that its map discloses that each block corresponds to a range. See for example Figure 5 and paragraph [0048-0049] which discloses that a pattern, symbol or color corresponds to a range of seed spacing. In addition, Koch includes a legend associated with the ranges and pattern. See Figures 4 and 5. As set forth above, based on the teachings of Needham, it would have been obvious to including an application rate map.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a legend. As set forth by Koch a legend is used to explain the pattern, symbol or color to a user viewing the map. Therefore, it would have been predictable to a person of ordinary skill in the art to apply a legend to Preheim’s map along with the application rate of Needham since Preheim discloses of varying stippling and shading and a legend would help to determine the differences between the varying stippling a shading of the map.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ovidio Escalante whose telephone number is (571)272-7537. The examiner can normally be reached on Monday to Friday - 6:00 AM to 2:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Michael Fuelling can be reached on (571) 270-1367. The fax phone number for the organization where this application or proceeding is assigned is 571-273-9000. Information regarding the status of an application may be obtained from Patent Center and the Private Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from Patent Center or Private PAIR. Status information for unpublished applications is available through Patent Center and Private PAIR for authorized users only. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Ovidio Escalante/
Primary Examiner
Art Unit 3992
Conferees:
/MATTHEW E HENEGHAN/Primary Examiner, Art Unit 3992 /M.F/Supervisory Patent Examiner, Art Unit 3992