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 .
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection.
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.
Claims 1-5 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by A G Volkov et al. “Bioelectrochemical Signals in Potato Plants” Russian Journal of Plant Physiology, Vol. 42, No. 1, 01 January 1995 (1995-01-01), pages 17-23 ISSN: 1021-4437, XP055740635.
With respect to claims 1 and 10 Volkov teaches a system comprising a first acquisition device (see microcomputer, page 18 col. 1 paragraph 1) comprising a plurality of first electrodes (electrode pairs page 18 col. 2 paragraph 2) each intended to be connected to the same plant or to a separate plant to pick up a first analog electric potential (carried on electrometer), the first acquisition device comprising a casing (case of commercial IBM compatible computer) in which a multi-channel analog-digital converter (see 8-channel 12-bit successive approximation analog-to-digital converter) is arranged that is provided with a plurality of first inputs (inputs from electrodes in different parts of plant) each connected to one of the first electrodes to receive one of the first analog electric potentials, the multi- channel analog-digital converter being arranged to measure the potential difference (see measuring and reference page 18 col. 2 paragraph 2) between each first analog electrical potential received and a reference electric potential and to convert each measured potential difference into a digital signal (see digitized, paragraph 1 page 18), wherein each of the first electrodes is configured to be inserted (see page 18 col. 2 paragraph 3, further see needle electrodes pg. 17 col. 2 paragraph 4) into plant tissue so as to pick up said first analog electric potential.
With respect to claim 2 Volkov teaches the first acquisition device comprises at least one electric power source (power supply of commercial IBM compatible computer) arranged to power the multi-channel analog-digital converter.
With respect to claims 3-4 Volkov teaches the first acquisition device comprises a plurality of second electrodes (see multiple electrode pairs page 18 col. 2 paragraph 2) and the multi-channel analog-digital converter comprises a plurality of second inputs each connected to one of the second electrodes.
With respect to claim 5 Volkov teaches each second input of the multi-channel analog-digital converter is also connected to a common reference electric potential (see reference potentials of each of the electrode pairs).
With respect to claim 9 Volkov teaches a module (see processor of microcomputer) for digital processing of the digital signals converted by the multi- channel analog-digital converter of the first acquisition device.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over A G Volkov et al.
With respect to claim 6 Volkov as modified above teaches the acquisition device however does not teach the use of a bias circuit. Bias circuits are a well-known means of establishing a common reference voltage of which the Examiner takes Official Notice. It would have been obvious to one of ordinary skill in the art at the time of the invention to further modify Volkov to include the use of a bias circuit for the benefit of creating a stable reference voltage.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over A G Volkov et al. in view of Frazier (US 6,614,373).
With respect to claim 8 Volkov teaches system however does not detail the circuitry of the ADC. Frazier teaches the a plurality of operational amplifiers (14), one of the inputs of each operational amplifier being connected to one of the first inputs (21a) analog- digital converter to receive a first analog electric potential and the other of the inputs being arranged to receive a reference electric potential (see bias circuit), the multi-channel analog-digital converter comprising a plurality of elementary delta-sigma analog-digital converters (14am), each elementary delta-sigma analog-digital converter being connected to the output of one of the operational amplifiers. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Volkov to include the use of a plurality of elementary delta-sigma analog-digital converters for the benefit of increased resolution.
Claims 1-5 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wallbridge et al. (US 20180267006) in view of A G Volkov et al.
With respect to claims 1-2 and 10 Wallbridge teaches a system comprising a first acquisition device (see device 1) comprising a plurality of first electrodes (8 and 6) each intended to be connected to the same plant (2) or to a separate plant to pick up a first analog electric potential (potential on 8), the first acquisition device comprising a casing (see mobile computer paragraph 0099) in which a channel analog-digital converter (14) is arranged that is provided with a plurality of first inputs (from 6 and 8) each connected to one of the first electrodes to receive one of the first analog electric potentials, the a channel analog-digital converter being arranged to measure the potential difference (paragraph 0024) between each first analog electrical potential received and a reference electric potential and to convert each measured potential difference into a digital signal (output from 14), wherein each of the first electrodes is configured to be attached (paragraph 0172) onto plant tissue so as to pick up said first analog electric potential. Wallbridge does not teach the electrode is inserted. Volkov teaches the known alternative of an insertable electrode (see page 18 col. 2 paragraph 3, further see needle electrodes pg. 17 col. 2 paragraph 4). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Wallbridge to try the know use of an insertable electrode for the predictable result of measuring the potential. Wallbridge further does not teach the analog to digital converter is a multichannel converter. Volkov teaches the known use of multichannel converter (see 8-channel 12-bit successive approximation analog-to-digital converter). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Wallbridge to use a multi-channel converter for the benefit of allowing the collection additional electrodes pairs for characterizing amplitude duration, and velocity of propagation (pg. 18 col. 2 paragraph 4).
With respect to claims 3-4 Wallbridge teaches the use of electrodes however does not teach the connection of a plurality of second electrodes. Volkov teaches the first acquisition device comprises a plurality of second electrodes (see multiple electrode pairs page 18 col. 2 paragraph 2) each intended to be connected to one of said separate plants and the multi-channel analog-digital converter comprises a plurality of second inputs each connected to one of the second electrodes. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Wallbridge to include additional electrodes for the benefit of characterizing amplitude duration, and velocity of propagation (pg. 18 col. 2 paragraph 4).
With respect to claim 5 Volkov teaches each second input of the multi-channel analog-digital converter is also connected to a common reference electric potential (see reference potentials of each of the electrode pairs). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Wallbridge to include additional electrodes for the benefit of characterizing amplitude duration, and velocity of propagation (pg. 18 col. 2 paragraph 4).
With respect to claim 9 Wallbridge as modified above teaches a module (see CPU) for digital processing of the digital signals converted by the multi- channel analog-digital converter of the first acquisition device.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wallbridge et al. (US 20180267006) in view of A G Volkov et al.
With respect to claim 6 Volkov as modified above teaches the acquisition device however does not teach the use of a bias circuit. Bias circuits are a well-known means of establishing a common reference voltage of which the Examiner takes Official Notice. It would have been obvious to one of ordinary skill in the art at the time of the invention to further modify Volkov to include the use of a bias circuit for the benefit of creating a stable reference voltage.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wallbridge et al. (US 20180267006) in view of A G Volkov et al. in view of Frazier (US 6,614,373).
With respect to claim 8 Wallbridge teaches system however does not detail the circuitry of the ADC. Frazier teaches the a plurality of operational amplifiers (14), one of the inputs of each operational amplifier being connected to one of the first inputs (21a) analog- digital converter to receive a first analog electric potential and the other of the inputs being arranged to receive a reference electric potential (see bias circuit), the multi-channel analog-digital converter comprising a plurality of elementary delta-sigma analog-digital converters (14am), each elementary delta-sigma analog-digital converter being connected to the output of one of the operational amplifiers. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Wallbridge to include the use of a plurality of elementary delta-sigma analog-digital converters for the benefit of increased resolution.
Allowable Subject Matter
Claim 7 is 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:
With respect to claim 7 Volkov teaches the known use of an acquisition device however does not teach the system comprising a second acquisition device comprising a plurality of first electrodes each intended to be connected to the same plant or to a separate plant in order to pick up a first analog electric potential and a multi-channel analog-digital converter provided with a plurality of first inputs each connected to one of the first electrodes of the second acquisition system to receive one of the first analog electric potentials, in which the first acquisition device comprises a bias circuit arranged to determine a common reference electric potential and a bias output connected to the bias circuit (8) and the second acquisition device comprises a bias input connected to said bias output to receive said common reference electric potential, the multi-channel analog-digital converter of the second acquisition device being arranged to measure the potential difference between each first received analog electric potential and said common reference electric potential and to convert each measured potential difference into a digital signal. At least this further limitation is not taught or rendered obvious by the prior art of record. A G Volkov teaches the known use of a multi-channel DAC
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Fin whose telephone number is (571)272-5921. The examiner can normally be reached Monday-Friday 9am-5:30.
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, Rexford Barnie can be reached at 571-272-7429. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MICHAEL FIN
Primary Examiner
Art Unit 2836
/MICHAEL R. FIN/Primary Examiner, Art Unit 2836