DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 pending in Instant Application.
Priority
Examiner acknowledges Applicant’s claim to priority benefits of U.S. patent application No. 17/432,531, filed August 20, 2021, which is a national stage application filed under 35 U.S.C. § 371 of international application PCT/EP2020/054650, filed February 21, 2020, which claims priority to Netherlands Patent Application No. NL 2022612, filed February 21, 2019.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 06/18/2025 and 11/18/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
Claim Objections
In this particular case, claim 1 is objected to because of the following informalities: in line 2, the claim states "...the device...", however the applicant disclosed in line 1 "An agricultural device...” The examiner interprets that the applicant is referring to the previously disclosed agricultural device. Appropriate correction is required (i.e., "the agricultural device").
In this particular case, claim 19 recites “A method” and introduces a new embodiment; therefore, it is an independent claim. However, language such as “according to claim 1” is indicative of dependent-type claims in the new “vehicle” embodiment. Since claim 1 explicitly recites “An agricultural device” embodiment, it is considered a separate and distinct embodiment than the “method”.
Double Patenting
A rejection based on double patenting of the "same invention" type finds its support in the language of 35 U.S.C. 101 which states that "whoever invents or discovers any new and useful process ... may obtain a patent therefor ..." (Emphasis added). Thus, the term "same invention," in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957); and In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the conflicting claims so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are non-provisionally rejected on the ground of non-statutory non-obviousness-type double patenting as being unpatentable over claims 1-19 of Van Alphen, U.S. Patent 12,364,258. Although the claims at issue are not identical, they are not patentably distant from each other because they are drawn to obvious variations. In view of the above, since the subject matters recited in the claims 1-20 of the instant application were fully disclosed in and covered by the claims 1-19 of US Patent 12,364,258, allowing the claims to result in an unjustified or improper timewise extension of the "right to exclude" granted by a patent.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 18 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 18 discloses the same subject matter as claim 17, which is the parent claim of claim 18. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
Claims 1, 3, 12-13, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ballu (USPGPub 2013/0292487) in view of Lange et al. (USPGPub 2012/0237083). As per claim 1, Ballu discloses an agricultural device for dispensing a liquid product to be sprayed over a surface, such aa an agricultural field, the device comprising: - at least one boom comprising a longitudinal supply line for transporting the liquid product and a plurality of nozzles that are positioned along the boom, wherein each nozzle is operatively connected to the longitudinal supply line and has a nozzle spraying range (see at least abstract; wherein the boom (5) is equipped with a plurality of multi-nozzle units (9), is characterized in that it comprises means (15a to 15, 17a to 17e, 23) for piloting each multi-nozzle unit (9) according to data representative of the cartography of the plants to be treated); - a liquid product supply that is connected to the longitudinal supply line for supplying to the longitudinal supply line the liquid to be sprayed (see at least paragraph 0030; wherein a sprayer 3 includes a phytosanitary liquid tank 7, which supplies a plurality of nozzles distributed over the entire length of the ramp 5, using at least one high-pressure pump); - a positioning system arranged and configured to provide position data, wherein the position data comprises a real-time position of the agricultural device and a time stamp (see at least paragraph 0049; wherein a geographical positioning system, making it possible to locate the agricultural machine 1 at all times relative to the field to be treated, that geographical positioning system in turn communicating with a database providing information on the cartography of the plants to be treated); - a detection system that is positioned on the boom and/or in front of the agricultural device and is configured to provide detection data comprising information on the surface to be sprayed (see at least paragraph 0051; wherein means for detecting characteristics of the plants to be treated (color, density, size, etc.) on the fly, thereby making it possible to adjust the choice of the nozzles 11 of each nozzle unit 9 directly); - a memory that is configured to store the raster-based representation (see at least paragraph 0062; wherein ground data 405 and satellite data 410 are inputs to a database 429 and processor 430); wherein the pressure regulator and/or the at least one nozzle controller are operatively connected to the positioning system and the memory and are further configured to: - receive real-time position information from the positioning system (see at least paragraphs 0049-0051; wherein the control box 23 with a geographical positioning system, making it possible to locate the agricultural machine 1 at all times relative to the field to be treated, that geographical positioning system in turn communicating with a database providing information on the cartography of the plants to be treated); - select, based on the real-time position information and the raster-based representation, for each raster element a nozzle that is associated with that raster element at a specific time (see at least paragraphs 0049-0051; wherein in this way, the system according to the invention makes it possible to control the nozzle units 9 completely automatically, depending on the position of the agricultural machine 1 on the field to be treated. Alternatively, it is possible to consider that the agricultural machine 1 is provided with means for detecting characteristics of the plants to be treated (color, density, size, etc.) on the fly, thereby making it possible to adjust the choice of the nozzles 11 of each nozzle unit 9 directly); and, - open the selected nozzle to dispense a quantity of liquid to the surface associated with that raster element at the specific time (see at least paragraphs 0049-0051; wherein in this way, the system according to the invention makes it possible to control the nozzle units 9 completely automatically, depending on the position of the agricultural machine 1 on the field to be treated. Alternatively, it is possible to consider that the agricultural machine 1 is provided with means for detecting characteristics of the plants to be treated (color, density, size, etc.) on the fly, thereby making it possible to adjust the choice of the nozzles 11 of each nozzle unit 9 directly), wherein the detection system comprises: - a plurality of image recording devices positioned along the boom and/or in front of the agricultural device, wherein each of the plurality of image recording devices is configured capture images of a part of the surface (see at least paragraphs 0015-0016; wherein said cartography means comprise means for detecting the presence or absence of plants to be treated and/or their morphology: this allows a real-time adaptation of the operation of the multi-nozzle units to the density, size or color of the plants to be treated; [0016] said detection means are chosen from the group comprising traditional cameras and infrared cameras); and, - an image processing device connected to the plurality of image recording devices (see at least paragraphs 0015-0016; wherein said cartography means comprise means for detecting the presence or absence of plants to be treated and/or their morphology: this allows a real-time adaptation of the operation of the multi-nozzle units to the density, size or color of the plants to be treated; [0016] said detection means are chosen from the group comprising traditional cameras and infrared cameras), wherein the image processing device is configured to - receive and process images from the plurality of image recording devices, wherein the processing comprises identifying plants, such as crops and weeds, on the captured images (see at least paragraphs 0015-0016; wherein said cartography means comprise means for detecting the presence or absence of plants to be treated and/or their morphology: this allows a real-time adaptation of the operation of the multi-nozzle units to the density, size or color of the plants to be treated; [0016] said detection means are chosen from the group comprising traditional cameras and infrared cameras); - compare the identified plants with plant type information stored in the memory to provide each of the identified plants with a plant label (see at least paragraph 0015; wherein said cartography means comprise means for detecting the presence or absence of plants to be treated and/or their morphology). Ballu does not explicitly mention - a pressure regulator including at least one nozzle control controller arranged and configured for controlling the opening and closing of one or more associated nozzles to dispense liquid on the nozzle dispensing range associated with said nozzles; - a map generator operatively connected to the detection system and the positioning system for respectively receiving detection data and position data, wherein the map generator is configured to, based on the detection data and position data, generate a raster-based representation of the surface, the representation comprising a number of raster elements, wherein each raster element includes position data associated with that raster element; wherein the map generator is configured to associate each of the identified plants with a raster element in the map, and wherein the raster element further includes detection data and wherein the pressure regulator and/or the at least one nozzle controller calculate the quantity of liquid to be sprayed for each raster element based on at least the detection data associated with the raster element. However Lange does disclose: - a pressure regulator including at least one nozzle control controller arranged and configured for controlling the opening and closing of one or more associated nozzles to dispense liquid on the nozzle dispensing range associated with said nozzles (see at least paragraph 0121; wherein crop treatment initiation mechanism 1411 may be a switch or other interlock which, when actuated to an "on" position causes crop treatment 1430 to flow and be discharged as spray 1440, and when deactuated to an "off" position causes flow of crop treatment 1430 to cease and discharge of spray 1440 to cease); - a map generator operatively connected to the detection system and the positioning system for respectively receiving detection data and position data, wherein the map generator is configured to, based on the detection data and position data, generate a raster-based representation of the surface, the representation comprising a number of raster elements, wherein each raster element includes position data associated with that raster element (see at least Figure 3 and paragraph 0060; wherein scale 305 in FIG. 3 is a schematic representation of an NDVI scale. Darker pixels represent higher values of NDVI. Although only five relative NDVI levels are shown in FIG. 3, much higher precision is available from actual satellite images. Actual satellite images, however, do not provide absolute NDVI with the high accuracy available using ground-based sensors); wherein the map generator is configured to associate each of the identified plants with a raster element in the map (see at least paragraph 059; wherein Lange discloses the land in FIG. 3 has been divided into pixels (e.g., 301, 302, 303, 304) similar to those that may be obtained by satellite imaging. FIG. 3 is drawn for purposes of illustration only; it is not to scale. Pixels in an actual satellite image may represent areas in the range of roughly 1 m.sup.2 to roughly 100 m.sup.2. The resolution of today's satellite images is suitable for agricultural purposes; it is no longer a limiting factor as was the case several years ago), and wherein the raster element further includes detection data and wherein the pressure regulator and/or the at least one nozzle controller calculate the quantity of liquid to be sprayed for each raster element based on at least the detection data associated with the raster element (see at least paragraph 0062; wherein a field prescription may be visualized as a map showing when, where and how much fertilizer or pesticide is required on a field. The prescription may be used by an automated application system such as a spray truck with dynamically controllable spray nozzles). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Lange with the teachings as in Ballu. The motivation for doing so would have been to improve accurate delivery of crop treatment, to reduce liability, and/or to decrease insurance/bonding costs, see Lange paragraph 0134. As per claim 3, Lange discloses wherein the pressure regulator and/or the at least one nozzle controller are further configured to calculate for each raster element the quantity of liquid to be dispensed to that raster element further based on the number of plants associated with the raster element (see at least paragraphs 0062-0063; wherein the output from the database and processor is a field prescription 435; i.e., a plan detailing how much chemical application is needed to optimize yield from a farm field. A field prescription may be visualized as a map showing when, where and how much fertilizer or pesticide is required on a field. The prescription may be used by an automated application system such as a spray truck with dynamically controllable spray nozzles. Soil data 415, crop data 420 and climate data 425 may also be inputs to the database 429 and processor 430 although not all of these data may be needed for every application. All of the data sources 405 through 425, and other data not shown, are georeferenced. Each data point (soil type, crop type, climate history, NDVI from various sources, etc.) is associated with a location specified in latitude and longitude or any other convenient mapping coordinate system). As per claim 12, Lange discloses further comprising a communication device that is configured to send to a remote device (see at least paragraph 0075; wherein one or more mobile devices 701 communicate with database 429 and processor 430 via communication network 715. Each of mobile device(s) 701 is configured with a respective reporting agent 710-1 disposed thereon for reporting farming related events and data to database 429 and processor 430) one or more of: - detection data; - position data; - the raster-based representation; and/or - a quantity to be sprayed on a surface corresponding with a raster element and/or a quantity sprayed on a surface corresponding with a raster element (see at least paragraph 0063; wherein soil data 415, crop data 420 and climate data 425 may also be inputs to the database 429). As per claim 13, Lange discloses wherein the remote device comprises a computing device having a receiving module (see at least paragraph 0075; wherein one or more mobile devices 701 communicate with database 429 and processor 430 via communication network 715. Each of mobile device(s) 701 is configured with a respective reporting agent 710-1 disposed thereon for reporting farming related events and data to database 429 and processor 430). As per claim 19, modified Ballu discloses method for dispensing a liquid product to be sprayed over a surface, such as an agricultural field, the method comprising the steps of: - providing an agricultural device according to claim 1 (see above claim 1 mapping); - moving the agricultural device over a field to be sprayed (see at least abstract; wherein Ballu discloses control system for an agricultural spraying machine (1)); - generating, by the positioning system, position data comprising a real-time position and a time stamp (see at least paragraph 0049; wherein Ballu discloses a geographical positioning system, making it possible to locate the agricultural machine 1 at all times relative to the field to be treated, that geographical positioning system in turn communicating with a database providing information on the cartography of the plants to be treated); - generating, by the detection system, detection data comprising information on the surface to be sprayed (see at least paragraph 0051; wherein Ballu discloses means for detecting characteristics of the plants to be treated (color, density, size, etc.) on the fly, thereby making it possible to adjust the choice of the nozzles 11 of each nozzle unit 9 directly); - generating, by the map generator and based on the position information and the detection information, a raster-based representation of the surface, the representation comprising a number of raster elements, wherein each raster element includes position data associated with that raster element (see at least Figure 3 and paragraph 0060; wherein Lange discloses scale 305 in FIG. 3 is a schematic representation of an NDVI scale. Darker pixels represent higher values of NDVI. Although only five relative NDVI levels are shown in FIG. 3, much higher precision is available from actual satellite images. Actual satellite images, however, do not provide absolute NDVI with the high accuracy available using ground-based sensors); - selecting, by the pressure regulator and/or the at least one nozzle controller, based on the real-time position information and the raster-based representation, for each raster element a nozzle that is associated with that raster element at a specific time (see at least paragraphs 0049-0051; wherein Ballu discloses in this way, the system according to the invention makes it possible to control the nozzle units 9 completely automatically, depending on the position of the agricultural machine 1 on the field to be treated. Alternatively, it is possible to consider that the agricultural machine 1 is provided with means for detecting characteristics of the plants to be treated (color, density, size, etc.) on the fly, thereby making it possible to adjust the choice of the nozzles 11 of each nozzle unit 9 directly); and - opening for a predetermined time period the selected nozzle to dispense a quantity of liquid to the surface associated with that raster element at the specific time (see at least paragraphs 0049-0051; wherein Ballu discloses in this way, the system according to the invention makes it possible to control the nozzle units 9 completely automatically, depending on the position of the agricultural machine 1 on the field to be treated. Alternatively, it is possible to consider that the agricultural machine 1 is provided with means for detecting characteristics of the plants to be treated (color, density, size, etc.) on the fly, thereby making it possible to adjust the choice of the nozzles 11 of each nozzle unit 9 directly); - identifying, by the detection system, plants in the detection data (see at least paragraphs 0062-0063; wherein Lange discloses the output from the database and processor is a field prescription 435; i.e., a plan detailing how much chemical application is needed to optimize yield from a farm field. A field prescription may be visualized as a map showing when, where and how much fertilizer or pesticide is required on a field. The prescription may be used by an automated application system such as a spray truck with dynamically controllable spray nozzles. Soil data 415, crop data 420 and climate data 425 may also be inputs to the database 429 and processor 430 although not all of these data may be needed for every application. All of the data sources 405 through 425, and other data not shown, are georeferenced. Each data point (soil type, crop type, climate history, NDVI from various sources, etc.) is associated with a location specified in latitude and longitude or any other convenient mapping coordinate system); - determining the type of plants detected (see at least paragraph 0063; wherein Lange discloses soil data 415, crop data 420 and climate data 425 may also be inputs to the database 429); - associating, by the map generator, each of the plants with a raster element in the raster- based representation (see at least paragraphs 0062-0063; wherein Lange discloses the output from the database and processor is a field prescription 435; i.e., a plan detailing how much chemical application is needed to optimize yield from a farm field. A field prescription may be visualized as a map showing when, where and how much fertilizer or pesticide is required on a field. The prescription may be used by an automated application system such as a spray truck with dynamically controllable spray nozzles. Soil data 415, crop data 420 and climate data 425 may also be inputs to the database 429 and processor 430 although not all of these data may be needed for every application. All of the data sources 405 through 425, and other data not shown, are georeferenced. Each data point (soil type, crop type, climate history, NDVI from various sources, etc.) is associated with a location specified in latitude and longitude or any other convenient mapping coordinate system); and - calculating, for each raster element and the plants detected, a quantity of liquid to be dispensed to said raster element, including adapting the quantity of liquid to be dispensed to the type of plants detected (see at least paragraphs 0062-0063; wherein Lange discloses the output from the database and processor is a field prescription 435; i.e., a plan detailing how much chemical application is needed to optimize yield from a farm field. A field prescription may be visualized as a map showing when, where and how much fertilizer or pesticide is required on a field. The prescription may be used by an automated application system such as a spray truck with dynamically controllable spray nozzles. Soil data 415, crop data 420 and climate data 425 may also be inputs to the database 429 and processor 430 although not all of these data may be needed for every application. All of the data sources 405 through 425, and other data not shown, are georeferenced. Each data point (soil type, crop type, climate history, NDVI from various sources, etc.) is associated with a location specified in latitude and longitude or any other convenient mapping coordinate system). As per claim 20, Lange discloses additionally comprising one or more of the steps of: - determining the number of plants detected, wherein the step of calculating includes adapting the quantity of liquid to be dispensed to the number of plants detected; - sending, using a communication device, to a remote device, one or more of: detection data, position data, the raster-based representation and/or a quantity to be sprayed on a surface corresponding with a raster element and/or a quantity sprayed on a surface corresponding with a raster element; - storing, in the memory, information on the calculated quantity of liquid to be dispensed and a status of dispensing including a 'not-dispensed'-status and a 'dispensed'-status, and updating the stored information from the 'not-dispensed'-status to the 'dispensed'-status after dispensing the quantity of liquid (see at least paragraph 0063; wherein soil data 415, crop data 420 and climate data 425 may also be inputs to the database 429…see at least paragraphs 0062-0063; wherein the output from the database and processor is a field prescription 435; i.e., a plan detailing how much chemical application is needed to optimize yield from a farm field. A field prescription may be visualized as a map showing when, where and how much fertilizer or pesticide is required on a field. The prescription may be used by an automated application system such as a spray truck with dynamically controllable spray nozzles. Soil data 415, crop data 420 and climate data 425 may also be inputs to the database 429 and processor 430 although not all of these data may be needed for every application. All of the data sources 405 through 425, and other data not shown, are georeferenced. Each data point (soil type, crop type, climate history, NDVI from various sources, etc.) is associated with a location specified in latitude and longitude or any other convenient mapping coordinate system).
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Ballu (USPGPub 2013/0292487), in view of Lange et al. (USPGPub 2012/0237083), and further in view of Carter (USPGPub 2018/0206475). As per claim 2, Ballu and Lange do not explicitly mention wherein the image processing device is further configured to: - determine the number of plants on each of the captured images; and, wherein the map generator is configured to include in each of the raster elements the number of plants associated with that raster element. However Carter does disclose: wherein the image processing device is further configured to: - determine the number of plants on each of the captured images; and, wherein the map generator is configured to include in each of the raster elements the number of plants associated with that raster element (see at least paragraph 0003; wherein the application of chemicals to a field is an important process in enhancing crop growth, deterring the growth of weeds, and eliminate the presence of insects and other pests. There exist a number of ways to apply chemicals to a field, but there is no system for determining how well a field has been covered on top of the canopy, or how well the applied chemicals have penetrated through the canopy to the stalks and roots. As one example, agricultural drones are currently used to survey fields, buildings, and fence lines. Using a mounted camera and visible light, the agricultural drone is able to view crops and soil, view density and/or coverage (i.e. crop count, projected yields), and inspect areas for pest, flood, weed, or machine damage. Using infrared cameras, agricultural drones are able to detect a surface “reflectance” that absorbs and reflects ultraviolet (UV) solar rays not visible to the human eye. Plant leaves have a faint signature reflectance that is used to identify if a plant is healthy (i.e. absorbing or reflecting red light). As a result, current agricultural drone applications focus only on imaging visible or UV signatures of what is naturally occurring on crops and soil). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Carter with the teachings as in Ballu and Lange. The motivation for doing so would have been to provide a detection system that better monitors crops, soil, irrigation, and drainage to provide earlier detection than from the human eye, see Carter paragraph 0005. As per claim 4, Lange discloses wherein the pressure regulator and/or the at least one nozzle controller are further configured to calculate for each raster element the quantity of liquid to be dispensed to that raster element further based on the number of plants associated with the raster element (see at least paragraphs 0062-0063; wherein the output from the database and processor is a field prescription 435; i.e., a plan detailing how much chemical application is needed to optimize yield from a farm field. A field prescription may be visualized as a map showing when, where and how much fertilizer or pesticide is required on a field. The prescription may be used by an automated application system such as a spray truck with dynamically controllable spray nozzles. Soil data 415, crop data 420 and climate data 425 may also be inputs to the database 429 and processor 430 although not all of these data may be needed for every application. All of the data sources 405 through 425, and other data not shown, are georeferenced. Each data point (soil type, crop type, climate history, NDVI from various sources, etc.) is associated with a location specified in latitude and longitude or any other convenient mapping coordinate system).
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ballu (USPGPub 2013/0292487), in view of Lange et al. (USPGPub 2012/0237083), and further in view of Design Choice. As per claim 5, modified Ballu discloses the claimed invention except for wherein each of the plurality of image recording devices is configured to capture images of the surface area that, when viewed in a moving direction of the agricultural device, is positioned in a range of 4 - 6 meter in front of the boom, and have a width in the range of 2 - 3 meter. It would have been obvious matter of design choice to have a captured image window of the above measurements, since such a modification would have involved a mere change in location of the image recording device. A change in location is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). As per claim 6, modified Ballu discloses the claimed invention except for wherein each of the plurality of image recording devices has a frame rate between 1 to 60 frames per second. It would have been obvious matter of design choice to have a frame rate between 1 to 60, since such a modification would have involved a mere change in device that can produce that frame rate. A change in device is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). As per claim 7, modified Ballu discloses the claimed invention except for wherein each raster element corresponds to a surface area of the field in the range of 5 - 50 centimeter by 5 - 50 centimeter. It would have been obvious matter of design choice to have the surface area of the element at the above measurement, since such a modification would have involved a mere change in size of the area. 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). As per claim 8, Lange discloses wherein the surface area is determined based on one or more of a plant's characteristic, a distance between nozzles and/or the spraying range (see at least paragraph 0056; wherein management zones are areas of common growing characteristics. Qualities that define a zone may include drainage, soil type, ground slope, naturally occurring nutrients, weed types, pests, etc).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ballu (USPGPub 2013/0292487), in view of Lange et al. (USPGPub 2012/0237083), and further in view of Chan et al. (USPGPub 2018/0306914). As per claim 14, Ballu and Lange do not explicitly wherein the pressure regulator and/or the at least one nozzle controller are configured to, after dispensing a quantity of liquid to the surface associated with a raster element, send to the map generator a message including information on the quantity of liquid dispensed to the surface associated with the raster element, and wherein the map generator is configured to include said information on the quantity in said raster element. However Chan does disclose: wherein the pressure regulator and/or the at least one nozzle controller are configured to, after dispensing a quantity of liquid to the surface associated with a raster element, send to the map generator a message including information on the quantity of liquid dispensed to the surface associated with the raster element, and wherein the map generator is configured to include said information on the quantity in said raster element (see at least paragraph 0055; wherein after spraying the liquids, the controller further updates the created map data to indicate that the liquid was sprayed at the specific location). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Chan with the teachings as in Ballu and Lange. The motivation for doing so would have been to reduce the risk of damage to the system, see Chan paragraph 0002.
Claim 15 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Ballu (USPGPub 2013/0292487), in view of Lange et al. (USPGPub 2012/0237083), and further in view of Sauder et al. (USPGPub 2017/0318743). As per claim 15, Ballu and Lange do not explicitly further comprising a user interface, such as a graphical user interface (GUI), that is operatively connected to the memory, wherein the interface is configured to enable a user to select a specific type of plant to be sprayed from a list of plants stored in the memory, and wherein preferably each plant type on the list of plants is associated with a quantity of liquid adapted to that plant type. However Sauder does disclose: further comprising a user interface, such as a graphical user interface (GUI), that is operatively connected to the memory, wherein the interface is configured to enable a user to select a specific type of plant to be sprayed from a list of plants stored in the memory, and wherein preferably each plant type on the list of plants is associated with a quantity of liquid adapted to that plant type (see at least paragraph 0083; wherein an operator can select any of the fields 730, 740, and 750 in order to display more details of the harvest stage for the field. For example, any type of harvest stage data may be displayed for the selected field). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Chan with the teachings as in Ballu and Lange. The motivation for doing so would have been to provide improved systems and method for monitoring and controlling field operations, see Sauder paragraph 0016. As per claim 17, Ballu and Lange do not explicitly further comprising a display configured to display one or more of dispensing information, wherein dispensing information comprises the rasterized representation of the surface and quantity of liquid to be sprayed. However Sauder does disclose: further comprising a display configured to display one or more of dispensing information, wherein dispensing information comprises the rasterized representation of the surface and quantity of liquid to be sprayed (see at least paragraph 0060; wherein the data displayed on the OEM display device 390 may be used for controlling a machine (e.g., planter, tractor, combine, sprayer, etc.), steering the machine, and monitoring the machine or an implement (e.g., planter, combine, sprayer, etc.) that is connected to the machine with sensors and controllers located on the machine or implement). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Sauder with the teachings as in Ballu and Lange. The motivation for doing so would have been to provide improved systems and method for monitoring and controlling field operations, see Sauder paragraph 0016. As per claim 18, Sauder discloses further comprising a display configured to display one or more of dispensing information, wherein dispensing information comprises the rasterized representation of the surface and quantity of liquid to be sprayed. However Sauder does disclose: further comprising a display configured to display one or more of dispensing information, wherein dispensing information comprises the rasterized representation of the surface and quantity of liquid to be sprayed (see at least paragraph 0060; wherein the data displayed on the OEM display device 390 may be used for controlling a machine (e.g., planter, tractor, combine, sprayer, etc.), steering the machine, and monitoring the machine or an implement (e.g., planter, combine, sprayer, etc.) that is connected to the machine with sensors and controllers located on the machine or implement). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Chan with the teachings as in Ballu and Lange. The motivation for doing so would have been to provide improved systems and method for monitoring and controlling field operations, see Sauder paragraph 0016.
Allowable Subject Matter
Claim(s) 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejection(s) under Double Patenting, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The prior art fails to explicitly teach wherein the pressure regulator and/or the at least one nozzle controller are further configured to store numeric values, such as a quantity of liquid, in the memory using a range index, wherein the range index is a natural number taken from a range of N index numbers between zero and N - I wherein: - each index number is associated with a distinct block (or range) of numeric values; - range index zero corresponds to a predetermined block of lowest numeric values; - range index N - 1 corresponds to a predetermined block of highest numeric values; - the range index associated with a numeric value corresponds to the range index of the block the numeric value falls into; and, - each type of numeric measurement has an associated predetermined range stored in the memory. Claim 11 is also object to by virtue of their dependency.
Claim(s) 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejection(s) under Double Patenting, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The prior art fails to explicitly teach wherein the pressure regulator and/or the at least one nozzle controller are further configured to store numeric values, such as a quantity of liquid, in the memory using a range index, wherein the range index is a natural number taken from a range of N index numbers between zero and N - 1 wherein: - each index number is associated with a distinct block (or range) of numeric values; - range index zero corresponds to a predetermined block of lowest numeric values; - range index N - 1 corresponds to a predetermined block of highest numeric values; - the range index associated with a numeric value corresponds to the range index of the block the numeric value falls into; and, each type of numeric measurement has an associated predetermined range stored in the memory. Claim 16 is also object to by virtue of their dependency.
Relevant Art
The prior art made of record and not relied upon are considered pertinent to applicant’s disclosure: US 5,913,915 – Provide agricultural product applicator systems, and more particularly to a multi-variable dispensing rate agricultural products (crop inputs) applicator system for controlling crop input dispensing points across a spreader boom, planter, seeder, and various other crop input applicator devices substantially transverse to their direction of travel in response to a computerized control system which stores a digital soil map of the location of various soil types, topographical features, and/or characteristics such as nutrient levels, soil compaction, drainage or any other qualifying crop production characteristic. USPGPub 8,849,523 – Provide a soil detection and planting apparatus. The apparatus includes a vehicle and a controller coupled to the vehicle. The apparatus further includes a planting device coupled to the vehicle, the planting device configured to plant seeds or plants into a soil material. The apparatus includes a ground penetrating radar sensor coupled to the vehicle. The ground penetrating radar soil sensor is configured to scan the soil material up to a designated depth beneath a surface of the soil material, wherein the ground penetrating radar soil sensor is further configured to provide a sensor feedback signal to the controller with respect to an intrinsic characteristic of the soil material. The controller is configured to instruct placement of a seed or a plant into the soil material based on the feedback signal.
Conclusion
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/MAHMOUD S ISMAIL/Primary Examiner, Art Unit 3662
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