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 .
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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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.
Claims 2-5 and 12 are 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 2 recites the limitation "the spreading pattern" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the expected spreading pattern" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the expected spreading pattern" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the expected spreading pattern" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the determined parameters" in line 3 and “the spreading process” in line 3 . There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wild (EP3216334 A1) (cited paragraph numbers are from the attached translation).
Regarding claim 1, Wild discloses a method for determining a distribution of fertilizer grains comprising the steps of:
Laying out at least two collecting devices (12) for fertilizer grains (pgph 0040) at predetermined positions (pgph 0043)
Spreading the fertilizer grains over the at least two collecting devices (12) using a fertilizer spreader (4) (pgph 0041, 0043, 0044)
Capturing the distribution of the fertilizer grains on the at least two collecting devices using an imaging device (pgph 0044)
Determining the distribution of fertilizer grains on the at least two collecting devices (12) (pgph 0045)
Regarding claim 2, the method further comprises interpolating the distribution of fertilizer grains for at least one region of the spreading pattern of the fertilizer spreader (pgph 0025; 0045).
Regarding claim 3, the predetermined positions are indicated/determined based on the expected spreading pattern (pgph 0044).
Regarding claim 4, the predetermined positions are arranged along only part of the expected spreading pattern (Figures 1, 5).
Regarding claim 5, at least one of the predetermined positions is arranged in a region of interest, in particular an expected edge or an expected maximum of the expected spreading pattern (Figure 1; pgph 0021).
Regarding claim 6, the predetermined positions are determined with respect to the fertilizer spreader (implicit, positions are determined by evaluation system and system places them in the locations that would be encountered by the spreader – pgph 0043).
Regarding claim 7, the predetermined positions are calculated (pgph 0043).
Regarding claim 8, one or more parameters are used to calculate the predetermined positions selected from GPS, position of the sun, degree of cloud cover, one or more inputs, fertilizer spreader parameters, type of fertilizer (pgph 0043 discloses using “data” – i.e. inputs).
Regarding claim 9, the predetermined positions are output on a screen of an on board computer of the mobile device (pgph 0008).
Regarding claim 10, a parameter of the spreading process is determined using the captured distribution of the fertilizer grains (pgph 0045).
Regarding claim 11, one or more parameters of the spreading process comprise one or more of the following parameters: spreading width, spreading width distribution, spreading flank, spreading boundary, spreading direction, spreading height, spreading angle, switch points of the fertilizer spreader, deviation from the expected spreading pattern, deviation from the expected transverse distribution, 3D spreading pattern, 2D spreading pattern, spreading quantity, density of the fertilizer grains spread, grain size distribution (pgph 0049-0053).
Regarding claim 12, one or more nominal settings for the fertilizer spreader (4) are generated based on the determined parameters of the spreading process (pgph 0027, 0045).
Regarding claim 13, Wild discloses a system for determining a distribution of fertilizer grains, comprising at least two collecting devices (12) for fertilizer grains, which may be laid out at different positions, (Figures 1, 5), and means (10) for capturing the distribution of fertilizer grains on the at least two collecting devices (12) (pgph 0025, 0042).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nienstermann et al. (12,063,879) also discloses mats for determining fertilizer spread.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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, Chris Sebesta can be reached at 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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