Patent Application 17323963 - HARVESTING METHOD FOR HARVESTING TARGET BY - Rejection

Patent Application 17323963 - HARVESTING METHOD FOR HARVESTING TARGET BY

Title: HARVESTING METHOD FOR HARVESTING TARGET BY DETECTING SIZE AND INCLINATION OF TARGET

Application Information

• Invention Title: HARVESTING METHOD FOR HARVESTING TARGET BY DETECTING SIZE AND INCLINATION OF TARGET
• Application Number: 17323963
• Submission Date: 2025-05-22T00:00:00.000Z
• Effective Filing Date: 2021-05-18T00:00:00.000Z
• Filing Date: 2021-05-18T00:00:00.000Z
• National Class: 056
• National Sub-Class: 331000
• Examiner Employee Number: 95330
• Art Unit: 3671
• Tech Center: 3600

Rejection Summary

• 102 Rejections: 1
• 103 Rejections: 2

Cited Patents

The following patents were cited in the rejection:

• US 5426927🔗
• US 4873644🔗

Office Action Text

    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 .

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)(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.


Claims 1, 5, 6-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Knopf (US 20230068237 A1).

Regarding claim 1, Knopf discloses a harvesting method using a harvesting apparatus (fig. 10) configured to perform automatic harvesting, the harvesting apparatus including: a pull-in mechanism (1050) for pulling a target (1001) among a plurality of targets that grow on a plant; a harvesting mechanism (1040) for harvesting the target; and a link (1030, 1020) connected between the pull-in mechanism and the harvesting mechanism and adjusting a positional relationship between the harvesting mechanism and the pull-in mechanism (paragraph 0044), the method comprising:
detecting a size of the target (paragraph 0047);
adjusting the positional relationship between the harvesting mechanism and the pull-in mechanism based on the size of the target by operating the link (paragraph 0048);
pulling the target in a direction of separating the target from a branch of the plant via the pull-in mechanism (paragraph 0049);
inserting the harvesting mechanism (1040) around the pulled target (paragraph 0049); and
separating the target from the plant by the inserted harvesting mechanism (paragraph 0049). 

Regarding claim 5, Knopf discloses the harvesting method of claim 1, wherein in the inserting the harvesting mechanism, the harvesting mechanism is inserted while vibrating the harvesting mechanism (paragraph 0041). 

Regarding claim 6, Knopf discloses the harvesting method of Claim 1, further comprising: surrounding the target (1001) by the pull-in mechanism (1050) in advance of pulling the target (paragraph 0044). 

Regarding claim 7, Knopf discloses a harvesting apparatus (see fig. 10) configured to perform automatic harvesting, the harvesting apparatus comprising: 
a pull-in mechanism (1050) configured to pull a target (1001) among a plurality of targets that grow on a plant;
a harvesting mechanism (1040) configured to harvest the target;
a link (1030, 1020) connected between the pull-in mechanism (1050) and the harvesting mechanism (1040), and
adjusting a positional relationship between the harvesting mechanism (1040) and the pull-in mechanism (paragraph 0044);
a detector (a camera, paragraph 0014) detecting a size of the target (paragraph 0047); and
an actuator (1020) adjusting the positional relationship between the harvesting mechanism and the pull-in mechanism based on the size of the target by driving the link (paragraphs 0044-49). 

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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Knopf (US 20230068237 A1) in view of Fujii (US 4873644 A).

Regarding claim 15, Knopf discloses the harvesting method according to claim 1, wherein the detecting the size of target includes: capturing an image including the target (paragraph 0047).
Knopf does not disclose generating a rectangle surrounding an existing region of the target in the image, the rectangle having left and right sides parallel to a vertical direction and upper and lower sides parallel to a horizontal direction orthogonal to the vertical direction; acquiring a center of the lower side of rectangle, and an intersection of diagonal lines of the rectangle, as the size of the target. 
In the same field of endeavor, Fujii discloses capturing an image including the target; generating a rectangle surrounding an existing region of the target in the image, the rectangle having left and right sides parallel to a vertical direction and upper and lower sides parallel to a horizontal direction orthogonal to the vertical direction; acquiring a center of the lower side of rectangle, and an intersection of the diagonal lines of the rectangle, as the size of the target (col. 1 lines 18-32). 
It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Knopf with detecting the size of the target in the manner disclosed by Fujii to yield the predictable result of a method of harvesting fruit wherein the size of a target fruit is detected by generating a rectangle around the target fruit (MPEP 2143 (I) (A)).


Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Oh (KR 101709299 B1) in view of Knopf (US 20230068237 A1).

Regarding claim 1, Oh discloses a harvesting method using a harvesting apparatus, the harvesting apparatus including: a pull-in mechanism (clamping means 200) for pulling a target (fruits) among a plurality of targets that grow on a plant; a harvesting mechanism (cutting means 400) for harvesting the target; and a link (tilting means 500) connected between the pull-in mechanism and the harvesting mechanism and adjusting a positional relationship between the harvesting mechanism and the pull-in mechanism, the method comprising:
detecting the target (via camera 700, which transmits an image to a driver); 
adjusting the positional relationship between the harvesting mechanism and the pull- in mechanism by operating the link (see fig. 6, 400 rotates about 510);
pulling the target in a direction of separating the target from a branch of the plant via the pull-in mechanism (200); 
inserting the harvesting mechanism (400) around the pulled target; and
separating the target from the plant by the inserted harvesting mechanism.   
Oh does not disclose wherein the harvesting mechanism is configured to perform automatic harvesting, detecting a size of the target, or wherein the positional relationship between the harvesting and pull in mechanisms is adjusted based upon the size of the target. 
In the same field of endeavor, Knopf discloses a harvesting mechanism (fig. 10) configured to perform automatic harvesting, detecting the size of a target (paragraphs 0012, 14, 16, 0047), and wherein the positional relationship between harvesting (1040) and pull in mechanisms (1050) is adjusted based upon the size of the target (paragraphs 0016, 0048). 
It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the harvesting apparatus of Oh to perform automatic harvesting, as disclosed by Knopf, the yield the predictable result of an automated harvesting apparatus configured to adjust the positional relationship betweel pull-in and harvesting mechanism based upon the size of a target (MPEP 2143 (I) (C)).

Regarding claim 2, Knopf, of the resultant combination, discloses the harvesting method of claim 1, wherein in the detecting, a center position, a lower end position, and an inclination of the target are detected (fig. 12, paragraph 0047).

Regarding claim 3, Oh, of the resultant combination, discloses the harvesting method of claim 2, wherein in the adjusting the positional relationship, the positional relationship is adjusted such that the pull-in mechanism (200) pulls a vicinity of the center position of the target and the harvesting mechanism (400) is inserted below the lower end position (see fig. 1, 6, 400 is below 200).  



Allowable Subject Matter

Claims 8-10, 13-14, 16, 19-20 are allowed.
Claims 4, 11-12, 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:  It is noted that numerous pieces of prior art (for instance Gieles (US 20200323140 A1), Russel (US 20190029178 A1), Wang (US 5426927 A)) teach locating fruit from a vertical direction and automatically harvesting this fruit by locating it with cameras or other sensors; however, there is no apparent teaching in the prior art of “detecting an inclination of the target with respect to a vertical direction.”  An example of this is shown in Applicant’s Figs 24 and 25 where the inclination of the target (e.g. fruit) is detected.  The prior art does not teach “detecting an inclination of the target with respect to a vertical direction” nor are there apparent analogous teachings in the prior art providing a non-hindsight basis for making such a modification.  

Response to Arguments

Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.




Conclusion

Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/M.I.R./               Examiner, Art Unit 3671                                                                                                                                                                                         

/JOSEPH M ROCCA/           Supervisory Patent Examiner, Art Unit 3671