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 .
Application Status
Claims 1-20 are pending and have been examined in this application. Claims 21-29 are cancelled.
This communication is the first action on the merits.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 02/17/2026 and reviewed by the Examiner.
Claim Objections
Claim 15 is objected to because of the following informalities:
Claim 15 appears to swap tenses “method of claim 11, further configured to: receiving the indication…; and changing the state”. This should be –method of claim 11, further configured to: receive the indication…; and change the state--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 lines 9-10 “the agricultural equipment” lacks antecedent basis.
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) 1-3, 5-11, 13-18, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US 20220151163 A1) to Agrawal.
In regards to claim 1, Agrawal anticipates a panel system, comprising: one or more panel units configured to be assembled in vine rows in a vineyard (Agrawal; PV Panel and poles in FIG 5, 6A; or example in FIG 9), each unit comprising: a support for supporting panels (Agrawal; pole, see FIG 5; pylon 20 in FIG 9); one or more panels hingedly connected to the support (Agrawal; hingedly connected via pivot [0054] pivoting about axis 23 through motor 30); and, at least one actuator configured to change a state of the one or more panels from an operative state to an inoperative state (Agrawal; motor 30, [0054-0056] where the panels are horizontal in an operative state, and pivot away from the farm equipment in an inoperative state, and see FIG 6A where the panels pivot to an inoperative state to allow farming equipment to pass); and a controller (Agrawal; 40) configured to: receive an indication related to at least one of: a location and a trajectory of agricultural equipment traveling in the vineyard (Agrawal; via the sensor 37 which detects large farm equipment; claim 10 which indicates this sensor is a proximity sensor for detecting the approach of farm machinery, which would indicate its location and trajectory (position and approaching)); and control the at least one actuator to change the state of the one or more panels, in response to the indication (Agrawal; [0054-0056] the panels are in parallel, then the sensor detects farm equipment, the panels are pivoted via controller 40 so that it does not impede the farm machinery), wherein the inoperative state allows the free traveling of the agricultural equipment in the vineyard (Agrawal; [0055] allowing machinery to pass unimpeded).
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In regards to claim 2, Agrawal anticipates the panel system of claim 1, wherein at the inoperative state the panel units allow the agricultural equipment at least one of: to harvest grapes, to trim stems, to prune, to spray, and to manage the canopy of vines in the vineyard (Agrawal; see FIG 6A where farm machinery is allowed to move by unimpeded by the panels tilting away from the machine; this would allow a machine to harvest [0035], trim, prune, spray, and/or manage canopy of vines).
In regards to claim 3, Agrawal anticipates the panel system of claim 2, wherein a total height and a total width of each panel unit at the inoperative state are determined based on a working space defined by the agricultural equipment (Agrawal; Claim 10 where the solar panels are separated by a predetermined distance, and are supported at a predetermined height above ground; [0035] where the height and width of harvesters requires that solar panels be high enough and distance between adjacent rows be wide enough to allow unimpeded movement).
In regards to claim 5, Agrawal anticipates the panel system of claim 1, wherein the indication is received from a detector configured to detect at least one of, the location and the trajectory of the agricultural equipment in the vineyard (Agrawal; via the sensor 37 which detects large farm equipment; claim 10 which indicates this sensor is a proximity sensor for detecting the approach of farm machinery, which would indicate its location and trajectory (position and approaching)).
In regards to claim 6, Agrawal anticipates the panel system of claim 5, wherein the detector is selected from, a camera located in the vineyard, a camera located on a drone hovering above the vineyard, GPS sensors, a proximity sensor, a LIDAR, an RFID reader configured to read an RFID tag attached to the agricultural equipment, and an electrical switch (Agrawal; via the sensor 37 which detects large farm equipment; claim 10 which indicates this sensor is a proximity sensor for detecting the approach of farm machinery, which would indicate its location and trajectory (position and approaching)).
In regards to claim 7, Agrawal anticipates the panel system of claim 1, wherein the controller is configured to: receive the indication that agricultural equipment is traveling in the vineyard toward at least one panel unit; and change the state of the at least one panel unit to the inoperative state, based on the received indication (Agrawal; [0054-0056] the panels are in parallel, then the sensor 37 detects farm equipment, the panels are pivoted via controller 40 so that it does not impede the farm machinery).
In regards to claim 8, Agrawal anticipates the panel system of claim 1, wherein at the inoperative state the one or more panels are tilted at a rotation angle of between 0 to 40 degrees with respect to a normal to vineyard surface (Agrawal; see FIG 6C and [0046], where theta is defined as being 60 degrees with respect to parallel to the vineyard surface; the angle with respect to a normal thus being 30 degrees which is between 0-40 degrees; [0041] where the value of theta is closer to 90 is most preferred (see FIG 5 with respect to the horizontal), which with respect to a normal would be closer to 0 degrees).
In regards to claim 9, Agrawal anticipates the panel system of claim 1, further comprising at least one sun radiation sensor configured to assess the sun radiation, and wherein the controller is further configured at the operative state, to control the at least one actuator according to signals from the at least one sun radiation sensor (Agrawal; [0054] sensor 35 for determining solar position, [0056] pivoted perpendicular to solar rays at predetermined times; [0036] tracking solar rays).
In regards to claim 10, Agrawal anticipates the panel system of claim 1, wherein the one or more panels are selected from solar panels and shading panels (Agrawal; abstract, Solar Panels; the panels also providing shade based on the incident light).
In regards to claim 11, Agrawal anticipates a method of managing a panel system in a vineyard, comprising: receiving an indication related to at least one of, a location and a trajectory of agricultural equipment traveling in the vineyard (Agrawal; via the sensor 37 which detects large farm equipment; claim 10 which indicates this sensor is a proximity sensor for detecting the approach of farm machinery, which would indicate its location and trajectory (position and approaching)); and controlling at least one actuator to change the state of one or more panels included in at least one's panel unit, in response to the indication (Agrawal; [0054-0056] the panels are in parallel, then the sensor detects farm equipment, the panels are pivoted via controller 40 and motor 30 so that it does not impede the farm machinery), wherein each panel unit comprises a support for supporting panels (Agrawal; pole, see FIG 5; pylon 20 in FIG 9); the one or more panels hingedly connected to the support (Agrawal; hingedly connected via pivot [0054] pivoting about axis 23 through motor 30); and, the at least one actuator configured to change a state of the one or more panels from an operative state to an inoperative state, and wherein the inoperative state allows the free traveling of the agricultural equipment in the vineyard (Agrawal; motor 30, [0054-0056] where the panels are horizontal in an operative state, and pivot away from the farm equipment in an inoperative state, and see FIG 6A where the panels pivot to an inoperative state to allow farming equipment to pass).
In regards to claim 13, Agrawal anticipates the method of claim 11, wherein the indication is received from a detector configured to detect at least one of, the location and the trajectory of the agricultural equipment in the vineyard (Agrawal; via the sensor 37 which detects large farm equipment; claim 10 which indicates this sensor is a proximity sensor for detecting the approach of farm machinery, which would indicate its location and trajectory (position and approaching)).
In regards to claim 14, Agrawal anticipates the method of claim 13, wherein the detector is selected from, a camera located in the vineyard, a camera located on a drone hovering above the vineyard, GPS sensors, a proximity sensor, a LIDAR, an RFID reader configured to read an RFID tag attached to the agricultural equipment and electrical switch (Agrawal; via the sensor 37 which detects large farm equipment; claim 10 which indicates this sensor is a proximity sensor for detecting the approach of farm machinery, which would indicate its location and trajectory (position and approaching)).
In regards to claim 15, Agrawal anticipates the method of claim 11, further configured to: receiving the indication that agricultural equipment is traveling in the vineyard toward at least one panel unit; and changing the state of the at least one panel unit to the inoperative state (Agrawal; [0054-0056] the panels are in parallel, then the sensor 37 detects farm equipment, the panels are pivoted via controller 40 so that it does not impede the farm machinery).
In regards to claim 16, Agrawal anticipates the method of claim 1, wherein at the inoperative state the one or more panels are tilted at a rotation angle of between 0 to 40 degrees with respect to a normal to the vineyard surface (Agrawal; see FIG 6C and [0046], where theta is defined as being 60 degrees with respect to parallel to the vineyard surface; the angle with respect to a normal thus being 30 degrees which is between 0-40 degrees; [0041] where the value of theta is closer to 90 is most preferred (see FIG 5 with respect to the horizontal), which with respect to a normal would be closer to 0 degrees).
In regards to clam 17, Agrawal anticipates the method of claim 1, further comprising receiving from at least one sun radiation sensor, a signal indicative of the sun radiation, and controlling the at least one actuator to tilt the one or more panels during the deployed state according to signals form the at least one sun radiation sensor (Agrawal; [0054] sensor 35 for determining solar position, [0056] pivoted perpendicular to solar rays at predetermined times; [0036] tracking solar rays).
In regards to claim 18, Agrawal anticipates a panel system, comprising: one or more panel units configured to be assembled in vine rows in a vineyard, each unit comprising: a support for supporting panels (Agrawal; pole, see FIG 5; pylon 20 in FIG 9; PV panel in FIGs 5, 6A); one or more panels hingedly connected to the support (Agrawal; hingedly connected via pivot [0054] pivoting about axis 23 through motor 30); and, at least one actuator configured to change a state of the one or more panels from an operative state to an inoperative state (Agrawal; motor 30, [0054-0056] where the panels are horizontal in an operative state, and pivot away from the farm equipment in an inoperative state, and see FIG 6A where the panels pivot to an inoperative state to allow farming equipment to pass), wherein a total height and a total width of each panel unit at the inoperative state are determined based on a working space defined by the agricultural equipment (Agrawal; Claim 10 where the solar panels are separated by a predetermined distance, and are supported at a predetermined height above ground; [0035] where the height and width of harvesters requires that solar panels be high enough and distance between adjacent rows be wide enough to allow unimpeded movement).
In regards to claim 20, Agrawal anticipates the panel system of claim 18, wherein the one or more panels are hingedly connected to the support at a height of at least 100 mm from the ground (Agrawal; [0046] where in an example, the pole height (to the point the PV panels are connected to the pole) is at least 9 ft which is 2743.2 mm and greater than 100 mm).
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.
Claim(s) 4, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20220151163 A1) to Agrawal in view of (US 20140318597 A1) to Khan.
In regards to claim 4, Agrawal teaches the panel system of claim 1, but fails to teach wherein the indication is received from a user via one of: a user device in communication with the controller, and a user interface associated with the controller.
Khan teaches wherein the indication (Khan; movement on or off condition of the solar panel device 10) is received from a user via one of: a user device in communication with the controller, and a user interface associated with the controller (Khan; [0044] where the display interface 70 includes an input system to allow a person or user to manually input instructions).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Agrawal such that its controller has an interface for a user to control the controller and movement of the solar panel such as taught by Khan. The motivation for doing so would be to allow for a user to manually turn off or on the mechanism for movement of the solar panel in the case of overriding automated instructions or stopping movement for maintenance.
In regards to claim 12, Agrawal teaches the method of claim 11, but fails to teach wherein the indication is received from a user via one of: a user device in communication with the controller, and a user interface associated with the controller.
Khan teaches wherein the indication (Khan; movement on or off condition of the solar panel device 10) is received from a user via one of: a user device in communication with the controller, and a user interface associated with the controller (Khan; [0044] where the display interface 70 includes an input system to allow a person or user to manually input instructions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Agrawal such that its controller has an interface for a user to control the controller and movement of the solar panel such as taught by Khan. The motivation for doing so would be to allow for a user to manually turn off or on the mechanism for movement of the solar panel in the case of overriding automated instructions or stopping movement for maintenance.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20220151163 A1) to Agrawal.
In regards to claim 19, Agrawal teaches the panel system of claim 18, wherein the working space defined by the agricultural equipment has a height of at most 4000 mm (Agrawal; [0046] where in an example, the pole height is at least 9 ft which is 2743.2 mm which would define a height of a working space) and a width (Agrawal; [0049] where the height and width is determined by the farm machinery with the maximum width that should be able to pass through between two adjacent solar rows)
Agrawal fails to explicitly teach a width of at most 1000 mm.
However it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make an obvious matter of design choice to make the width of the working space defined by the agricultural equipment at most 1000 mm, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Additionally, this change in size component is not critical to the device’s function, but is rather based on other parameters chosen. For example, the size of the working area is dependent on the size of the agricultural machine required to pass. Further, the specification does not provide criticality for these values, and only lists values of embodiments in [0041], but does not indicate why these values are critical to the device’s function. One would have been motivated for a limited size of a width between panel systems to increase panel density in a field.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20130118555 A1 to Samuels and US 20220182009 A1 to Poivet teaches the use of a user interface for controlling solar panels.
US 20220117217 A1 to Wurden teaches the use of a drone and farming machine in communication with GPS.
US 20240235462 A1 to Fisher teaches panels which move controlled by a user on a maintenance vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYN T TRUONG whose telephone number is (571)272-0023. The examiner can normally be reached Monday - Friday: 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KIMBERLY BERONA can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATELYN T TRUONG/Primary Examiner, Art Unit 3647
