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.
Claim Status
This action is in response to applicant’s filing on 7/2/2025. Claims 1-20 are pending and considered below.
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 12-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11-18 of U.S. Patent Number 12,372,961. Although the claims at issue are not identical, they are not patentably distinct from each other because:
“A method of coordinating steering of one or more steering mechanisms of an agricultural vehicle, the method comprising:” (claim 12) of the instant application is the same as “A method of coordinating steering of one or more steering mechanisms of an agricultural vehicle, the method comprising:” (claim 11) of U.S. Patent Number 12,372,961;
“receiving kinematics of the agricultural vehicle from one or more sensors configured for coupling with the agricultural vehicle” (claim 12) of the instant application is the same as “receiving kinematics of the agricultural vehicle from one or more sensors configured for coupling with the agricultural vehicle” (claim 11) of U.S. Patent Number 12,372,961;
“determining one or more error values of the agricultural vehicle using the received kinematics” (claim 12) of the instant application would have been obvious over “determining a heading error (TKE) of the agricultural vehicle using the received vehicle kinematics” (claim 11) of U.S. Patent Number 12,372,961;
“determining crop row curvature using at least one of the one or more error values” (claim 12) of the instant application would have been obvious over “determining crop row curvature using the determined heading error (TKE)” (claim 11) of U.S. Patent Number 12,372,961;
“filtering the crop row curvature using a time delay constant based on a distance between the one or more sensors and a control reference point of the agricultural vehicle” (claim 12) of the instant application is the same as “filtering the crop row curvature using a time delay constant based on a distance between the one or more sensors and a control reference point of the agricultural vehicle” (claim 16) of U.S. Patent Number 12,372,961;
“providing instructions to guide the agricultural vehicle using the crop row curvature” (claim 12) of the instant application is the same as “providing instructions to guide the agricultural vehicle using the crop row curvature” (claim 11) of U.S. Patent Number 12,372,961; and
“automatically steering the agricultural vehicle based on the instructions” (claim 12) of the instant application is the same as “automatically steering the agricultural vehicle based on the instructions” (claim 11) of U.S. Patent Number 12,372,961.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“steering mechanisms” (claims 1-20) are actuators or steering interfaces of one or more axles of the agricultural vehicle, as disclosed in applicant’s specification, paragraphs [0039] and [0077] (PGPub) and FIG. 7, steering actuator/sensor-710; and
“first and second steering mechanisms” (claim 10) are actuators or steering interfaces corresponding with front and rear axles of the agricultural vehicle, as disclosed in applicant’s specification, paragraphs [0039] and [0077] and FIG. 7, steering actuator/sensor-710.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Allowable Subject Matter
Claims 1-11 are allowed.
Conclusion
Ferrari et al. (US-2018/0325012-A1) is the closest prior art to the applicant’s invention. Ferrari discloses an agricultural system comprising radar sensors configured to acquire radar data representative of crop rows in an agricultural field (Abstract). Radar reflectivity data is used to track the relative position of detected rows and subsequently request corrections to a navigation system to reduce cross-track error (paragraph [0070]). Crop-property-data represents: a desired radius of curvature; cross-track correction; lateral offsets of detected rows; and a direction of travel relative to rows (paragraphs [0071-0075]). The vehicle-control-instructions include vehicle-steering-instructions for automatically controlling the direction of travel of the agricultural vehicle (paragraph [0061]). This reduces cross-track error (paragraph [0064]).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zielke et al. (US-2016/0041263-A1) discloses an apparatus for determining cross track error between a stored planted location and the actual physical location of plants (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMARA L WEBER whose telephone number is (303)297-4249. The examiner can normally be reached 8:30-5:00 MTN.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faris Almatrahi can be reached at 3134464821. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TAMARA L. WEBER
Examiner
Art Unit 3667
/TAMARA L WEBER/ Examiner, Art Unit 3667
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