DETAILED ACTION
This is the First Office Action on the Merits and is directed towards claims 1-20 as originally presented and filed on 04/11/2025.
This application is subject to a double patent rejection with the parent application.
Notice of Pre-AIA or AIA Status
Priority is claimed as set forth below, accordingly the earliest effective filing date is 24-MAY-2023 (20230524).
The present application, effectively filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
This application is a continuation application of U.S. application no. 18/674,076 filed on 24-MAY-2024, now U.S. Patent 12,295,358 (“Parent Application”), which claims the benefit of U.S. Provisional Application No. 63/468,752, filed on 24-MAY-2023. See MPEP §201.07[R-08.2017]. In accordance with MPEP §609.02 [R-07.2015] Section A. 2 and MPEP §2001.06(b)[R-08.2017] (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP §2001.06(b) [R-08.2017] (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Parent Application need not be resubmitted in this application unless Applicants desire the information to be printed on a patent issuing from this application. See MPEP §609.02 [R-07.2015] Section A. 2. Finally, Applicants are reminded that the prosecution history of the Parent Application is relevant in this application. See e.g., Microsoft Corp. v. Multi-Tech Sys., Inc., 357 F.3d 1340, 1350, 69 USPQ2d 1815, 1823 (Fed. Cir. 2004) (holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents).
Specification
The disclosure is objected to because of the following informalities: para [0001] must be updated to reflect the issuance of the parent application above.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16 and 19 of U.S. Patent No. US 12295358 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other as shown below. Those claims not cited are rejected for depending from a rejected base claim.
Claims of instant Application
Claims of US 12295358 B2
1. A method for weeding crops in an agricultural field comprising:
at an initial time during a weeding period, receiving an image captured by a depth sensor integrated into a chassis of a vehicle traversing the agricultural field during the weeding period, the depth sensor defining a field of view intersecting a crop bed of the agricultural field, the image captured at approximately the initial time and depicting a first region of the crop bed spanning a set of crop rows;
detecting presence of a crop plant at a first location within a crop row, in the set of crop rows, based on features extracted from the image, the first location intersecting a longitudinal axis extending along the crop row and a first lateral axis perpendicular the longitudinal axis;
estimating a first distance from the crop plant to a first tool, in a set of tools, flexibly coupled to a rail coupled to the chassis proximal a rear of the vehicle, the first tool arranged at a first position on the rail aligned to the crop row; deriving a first target pathway for the first tool based on the first distance; estimating a second distance from the crop plant to a second tool, in the set of tools, flexibly coupled to the rail at the first position behind the first tool;
deriving a second target pathway for the second tool based on the second distance;
driving the first tool across a first sequence of tool locations according to the first target pathway to: cut non-target plants behind and proximal the crop plant; and locate the first tool on a first side of the crop plant offset the longitudinal axis;
and driving the second tool across a second sequence of tool locations according to the second target pathway to:
cut non-target plants behind and proximal the crop plant;
and locate the second tool on a second side of the crop plant opposite the first side and offset the longitudinal axis.
1. A method for weeding crops in an agricultural field comprising, at a vehicle traversing the agricultural field:
at an initial time, receiving a first image captured by a LIDAR sensor integrated into a chassis of the vehicle, arranged proximal a front of the vehicle, and defining a field of view intersecting a crop bed of the agricultural field, the first image captured by the LIDAR sensor at approximately the initial time and depicting a first region of the crop bed spanning a first set of crop rows; detecting presence of a first crop plant at a first location within a first crop row, in the set of crop rows, based on features extracted from the first image, the first location intersecting a longitudinal axis extending along the first crop row and a first lateral axis perpendicular the longitudinal axis; deriving a first elevation profile for the first region of the crop bed based on features extracted from the first image;
estimating a first distance from the first crop plant to a first weeding tool, in a set of weeding tools, flexibly coupled to a rail coupled to the chassis proximal a rear of the vehicle, the first weeding tool arranged at a first position on the rail aligned to the first crop row; deriving a first target pathway for the first weeding tool based on the first distance and the first elevation profile; estimating a second distance from the first crop plant to a second weeding tool, in the set of weeding tools, flexibly coupled to the rail at the first position behind the first weeding tool;
deriving a second target pathway for the second weeding tool based on the second distance and the first elevation profile;
driving the first weeding tool across a first sequence of tool locations according to the first target pathway to: cut weeds behind and proximal the first crop plant; and locate the first weeding tool on a first side of the first crop plant, offset the longitudinal axis, at the first lateral axis;
and driving the second weeding tool across a second sequence of tool locations according to the second target pathway to: cut weeds behind and proximal the first crop plant;
and locate the second weeding tool on a second side of the first crop plant, opposite the first side and offset the longitudinal axis, at the first lateral axis.
14. A method for weeding crops in an agricultural field comprising, at a vehicle traversing the agricultural field:
at an initial time, receiving an image of a crop bed, the image captured by a depth sensor integrated within a chassis of the vehicle and defining a field of view intersecting the crop bed, the crop bed spanning a set of crop rows;
detecting presence of a crop plant at a first location within a crop row, in the set of crop rows, based on features extracted from the first image;
estimating a first distance from the crop plant to a first tool, in a set of tools, flexibly coupled to the chassis;
predicting intersection of the first tool and the crop plant at a first time based on a speed of the vehicle and the first distance;
estimating a second distance from the crop plant to a second tool, in the set of tools, flexibly coupled to the chassis;
predicting intersection of the second tool and the crop plant at a second time, succeeding the first time, based on the speed of the vehicle and the second distance;
triggering actuation of the first tool according to a first target pathway configured to locate the first tool on a first side of the crop plant at the first time;
and triggering actuation of the second tool according to a second target pathway configured to locate the second tool on a second side of the crop plant, opposite the first side, at the second time.
16. A method for weeding crops in an agricultural field comprising, at a vehicle traversing the agricultural field:
at an initial time, receiving a first image of a first region of a crop bed, spanning a set of crop rows, located within a field of view of a LIDAR sensor integrated within a chassis of the vehicle, proximal a front of the vehicle, and defining a field of view intersecting the crop bed, the first image captured by the LIDAR sensor at approximately the initial time;
detecting presence of a first crop plant at a first location within a first crop row, in the set of crop rows, based on features extracted from the first optical image;
estimating a first distance from the first crop plant to a first weeding tool, in a set of weeding tools, flexibly coupled to the chassis proximal a rear of the chassis;
predicting intersection of the first weeding tool and the first crop plant at a first time based on a speed of vehicle and the first distance;
estimating a second distance from the first crop plant to a second weeding tool, in the set of weeding tools, flexibly coupled to the chassis proximal the rear of the chassis;
predicting intersection of the second weeding tool and the first crop plant at a second time, succeeding the first time, based on the speed of the vehicle and the second distance;
triggering actuation of the first weeding tool according to a first target pathway configured to locate the first weeding tool on a first side of the first crop plant at the first time;
and triggering actuation of the second weeding tool according to a second target pathway configured to locate the second weeding tool on a second side of the first crop plant, opposite the first side, at the second time.
18. A system for autonomously weeding crops in an agricultural field comprising:
a chassis; a rail coupled to the chassis; a set of actuators transiently installed on the rail and configured to selectively execute a target action on matter present in a crop bed transiently below the chassis; a first depth sensor in a set of depth sensors: integrated within the chassis;
defining a field of view spanning a set of crop rows within the crop bed;
and configured to capture images of the crop bed comprising plant matter; and a controller configured to:
receive an image captured by the first depth sensor and depicting a region of the crop bed spanning the set of crop rows;
detect crop plants present in the set of crop rows based on features extracted from the image;
selectively trigger a first actuator, in the set of actuators, to drive a first tool to a first side of a crop plant detected in a crop row in the set of crop rows;
and selectively trigger a second actuator, in the set of actuators, to drive a second tool across a second side of the crop plant opposite the first side.
19. A system for autonomously weeding crops in an agricultural field comprising:
a chassis configured to traverse the agricultural field; a rail coupled to the chassis proximal a rear of the chassis; a set of actuators transiently installed on the rail and configured to selectively execute a target action on plant matter in the crop bed; a first depth sensor in a set of depth sensors: installed within the chassis proximal a front of the chassis;
defining a field of view excluding the rail and the set of actuators and spanning a set of crop rows within the crop bed;
and configured to capture three-dimensional images of a crop bed of the agricultural field comprising plant matter; and a controller configured to:
receive an image captured by the first depth sensor and depicting a region of the crop bed spanning the set of crop rows;
detect plant matter of a set of types present in the set of crop rows of the crop bed based on features extracted from the image; derive an elevation profile representing elevations of the crop bed across the region based on features extracted from the image;
selectively trigger the set of actuators to execute the target action based on detection of plant matter in the first set of crop rows and the elevation profile;
selectively trigger a first actuator, in the set of actuators to drive a first weeding tool to a first side of a first crop plant, offset a longitudinal axis, at a first lateral axis;
and selectively trigger a second actuator, in the set of actuators, to drive a second weeding tool across a second side of the first crop plant, opposite the first side and offset the longitudinal axis, at the first lateral axis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as teaching, inter alia, the state of the art of SYSTEMS AND METHODS FOR AUTONOMOUS DETECTION OF PLANT MATTER AND SELECTIVE ACTION ON PLANT MATTER IN AN AGRICULTURE FIELD at the time of the invention. For example:
US 20130238201 A1 to Redden; Lee Kamp teaches, inter alia a METHOD AND APPARATUS FOR AUTOMATED PLANT NECROSIS in for example the ABSTRACT, Figures and/or Paragraphs below:
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“A method of real-time plant selection and removal from a plant field including capturing a first image of a first section of the plant field, segmenting the first image into regions indicative of individual plants within the first section, selecting the optimal plants for retention from the first image based on the first image and the previously thinned plant field sections, sending instructions to the plant removal mechanism for removal of the plants corresponding to the unselected regions of the first image from the second section before the machine passes the unselected regions, and repeating the aforementioned steps for a second section of the plant field adjacent the first section in the direction of machine travel.
[0041] As shown in FIG. 8, the system for automated crop thinning 100 includes a detection mechanism 200 and an elimination mechanism 300. ”.
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US 20200073389 A1 to Flajolet; Arthur et al. teaches, inter alia a METHOD FOR AUTONOMOUS DETECTION OF CROP LOCATION BASED ON TOOL DEPTH AND LOCATION in for example the ABSTRACT, Figures and/or Paragraphs below:
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“A method for detecting real lateral locations of target plants includes: recording an image of a ground area at a camera; detecting a target plant in the image; accessing a lateral pixel location of the target plant in the image; for each tool module in a set of tool modules arranged behind the camera and in contact with a plant bed: recording an extension distance of the tool module; and recording a lateral position of the tool module relative to the camera; estimating a depth profile of the plant bed proximal the target plant based on the extension distance and the lateral position of each tool module; estimating a lateral location of the target plant based on the lateral pixel location of the target plant and the depth profile of the plant bed surface proximal the target plant; and driving a tool module to a lateral position aligned with the lateral location of the target plant.”.
[0021] As shown in FIG. 2, the autonomous machine 100 is configured to autonomously navigate through an agricultural field. The autonomous machine 100 can thus define a wheeled or tracked vehicle and can include a chassis 104 and a drive unit 106 configured to propel the autonomous machine 100 forward. The autonomous machine 100 can also include: geospatial position sensors 108 (e.g., GPS) configured to output the autonomous machine 100's location in space; inertial measurement units configured to output values representing the autonomous machine 100's trajectory; and/or outwardly facing color and/or depth sensor 116s (e.g., color cameras, LIDAR sensors, and/or structured light cameras, etc.) configured to output images from which the autonomous machine 100 can detect nearby obstacles, localize itself within a scene, and/or contextualize a nearby scene; etc. The autonomous machine 100 can also include an onboard navigation system configured to collect data from the foregoing sensors, to elect next actions, and to adjust positions of various actuators within the autonomous machine 100 to execute these next actions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL LAWSON GREENE JR whose telephone number is (571)272-6876. The examiner can normally be reached on MON-THUR 7-5:30PM (EST) or via email at DanielL.GreeneJr@USPTO.GOV under the guidance of MPEP Section 502.03 Communications via Internet Electronic Mail (email) [R-07.2022]. The written authorization may be found at https://www.uspto.gov/patents/apply/forms and submitted via EFS-Web, mail, or fax. The Examiner’s Fax number is 571-273-6876.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached on (571) 272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL L GREENE/Primary Examiner, Art Unit 3665 20260529
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