Prosecution Insights
Last updated: April 17, 2026
Application No. 18/109,504

REAL-TIME PLANT HEALTH SENSOR SYSTEM

Non-Final OA §103
Filed
Feb 14, 2023
Examiner
TIMILSINA, SHARAD
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
unknown
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
94%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
112 granted / 141 resolved
+11.4% vs TC avg
Moderate +15% lift
Without
With
+14.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
44 currently pending
Career history
185
Total Applications
across all art units

Statute-Specific Performance

§101
23.2%
-16.8% vs TC avg
§103
42.4%
+2.4% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
18.0%
-22.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 141 resolved cases

Office Action

§103
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 Objections Claim 4 objected to because of the following informalities: Claim 4 is missing comma. Claim 4 can be amended as The plant sensor system of claim 3, wherein said power…. Claim 6, 14, 22 and 30 recites …said frequency of said first LED visible light… as lacking antecedent basis. The claims can be amended to recite as Claim 7 recites…. said first said first plant child sensor, said second audible sounding device sound frequency…. said first said first plant child sensor should be removed from claim 7 or amend to provide a complete meaning as in claim 15 and 23. Claim 25 recites said first plant child sensor in first limitation but does not recite second plant child sensor. claim 27 and claim 30 recites said second plant child sensor. Claim 25 should be amended to recite a second plant child sensor in first limitation and please accordingly amend the limitation involving the processing unit in claim 25 to recite a second plant child sensor. Appropriate correction is required. 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(s) 1-2, 8-9, 16-17, 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Setton (US 20190281771 A1) Regarding claim 1 Setton teaches a plant sensor system for monitoring health of a first plant in a plant cluster and a second plant in said plant cluster (para [0047] FIGS. 1 each sensor assembly 460 may be any suitable sensor for sensing characteristics that may indicate a rate of growth and/or a state (e.g., healthy state) of growth material 365,), said plant sensor system comprising: a first plant child sensor for said first plant in said plant cluster (para [0047] One or more sensor assemblies 460 of sensor array 395 may be added to each node assembly 375 to provide closed loop feedback. Fig. 1, 3, 6 and 8, show node 375. Examiner views each node 375 include microcontroller 378 for communication and plant sensors 460. 375 is viewed as first plant child sensor that is attached near to the first plant in plant cluster in Fig. 1, 3, 5, 6, and 8), said first plant child sensor for measuring a first vegetation property of said first plant in said plant cluster (para [0047] Sensor assembly 460 may be a near-infrared spectroscopy (NIRS) sensor or other suitable sensor for determining (e.g., for rapid evaluation of) growth, stress, and/or nutrition of growth material 365.), said first plant child sensor transmitting first plant sensor data to a cloud via a first plant parent sensor (para [0051] The communication system may include a plurality of node assemblies 375 and a plurality of relay nodes 480… Relay nodes 480 may facilitate communication between groups of node assemblies 375 and remote computing resources via network 401 (e.g., via any suitable gateway)) Above paragraph and Fig. 3 and 6, examiner views the node 375 as equivalent to first plant parent sensor. The first plant child sensor 460 is transmitting plant sensing data to network 401 (i.e., cloud gateway) from the first parent sensor 375; a second plant child sensor for said second plant in said plant cluster, said second plant child sensor for measuring a vegetation property other than temperature of said second plant in said plant cluster, said second plant child sensor transmitting second plant sensor data to said cloud either via said first plant parent sensor or a second plant parent sensor (Examiner views multiple sensors 375 in figures 1, 3, 6 and 8 for each plant. The second plant child sensor and the second plant parent sensor can be addressed similarly as addressed for first plant child sensor and the first plant parent sensor respectively. The sensors included in 375 are capable of measuring other than temperature for example humidity, size of growth, air quality etc. see paragraph [0047]); and a processing unit enabling presentation of data to a user comparing said first plant sensor data with historical plant data for said first plant in said plant cluster and a stage of development of said plant in said plant cluster to determine ongoing deviations from expected results in real time (para [0036] Growth module 405 and/or other suitable components of system 300 may utilize sophisticated machine learning and/or artificial intelligence techniques to perform predictive analysis using some or substantially all data collected by sensor arrays 395. Para [0056] Controller 378 may immediately process the sensed data as described below in real time or near real time. Para [0061] In at least some exemplary embodiments during step 515, system 300 may performing machine learning operations as illustrated in FIG. 7. Exemplary inputs may include a type or cultivar of growth material 365, a growth stage (e.g., as described for example relating to FIG. 5), data sensed at step 510, user preferences and/or any other desired user input provided for example via user interface 400, a type of assembly 352 (e.g., pod type), a type of growth member 360, and/or any other desired input information.), In above paragraph examiner considers a processing unit (i.e. growth module) enabling presentation of data to a user by predictive analysis that compares the past (historical) and the present plant status data of the first plant in the cluster and similarly for plant growth stage of the first plant in the cluster to predict or determine if there is any ongoing deviation from expected results in real time. said processing unit also enabling presentation of data to said user comparing said second plant sensor data with historical plant data for said second plant in said plant cluster and a stage of development of said second plant in said plant cluster to determine ongoing deviations from expected results in real time (Please see the above addressed limitation for first plant in the cluster. It is also applicable to second plant in the cluster.), said processing unit including a temperature sensor, a humidity sensor (para [0047] As illustrated in FIGS. 1 and 3, sensor array 395 may include one or more sensor assemblies 460…. Each sensor assembly 460 may be any suitable sensor for sensing …a thermal sensor, a humidity sensor), and an analog front end/LED driver, said analog front end/LED driver controlling a plurality of LED light guides (para [0041] Controller 378 may individually control each LED of the exemplary matrices of lighting assembly 415, lighting assembly 420, lighting assembly 425, and lighting assembly 430, including individually (e.g., independently) adjusting an intensity of each RGB component of each LED para [0042] In at least some exemplary embodiments, lighting assemblies 415, 420, 425, and 430 may include plastic lenses and/or diffusing layers that may be disposed in front of the LEDs to adjust the emitted light as desired.) para [0063] For example, one or more controllers 378 and/or growth module 405 may individually control a single LED or control a group of LEDs of lighting arrays 380 based on command instructions containing CIE coordinates and/or recommended LED intensities (e.g., set on a scale from 0 to 255)) The controller 378 is viewed as an analog front end/Led driver that control the LED lights guides (lens or diffusing layers) and emitters. and emitters of different wavelengths (para [0043] The exemplary LEDs of lighting assemblies 415, 420, 425, and 430 may be controlled (e.g., based on an operation of growth module 405 and/or one or more controllers 378) to emit at desired (e.g., narrower or variable) wavelengths and spectrum bandwidths) and a plurality of light guides (para [0042] In at least some exemplary embodiments, lighting assemblies 415, 420, 425, and 430 may include plastic lenses and/or diffusing layers that may be disposed in front of the LEDs to adjust the emitted light as desired.) Lens and diffusing layers viewed as light guides and receivers (para [0047] Sensor assembly 460 may be a near-infrared spectroscopy (NIRS) sensor or other suitable sensor for determining (e.g., for rapid evaluation of) growth, stress, and/or nutrition of growth material 365. For example, sensor assembly 460 may be a NIRS or ultrasonic distance measurement sensor for real time or near real time evaluation of growth rate and/or plant status). NIRS is viewed to be a light receiver. It receives and detects infrared light. Setton teaches the sensors included nodes 375 are attached to the structural system 305 but does not clearly teach the first and second plants are attached to the first and second plants in said plant clusters. However, it would be obvious to the person skilled in the art at the time of filing of the present invention to have modified Setton by changing the location of the sensors included nodes from structural system to the plants (i.e., attach sensors to the first and second plants) in clusters, as a matter of obvious design choice. The modification would not change the operation of the sensor system as a whole and would still yield a predictable result. Please see MPEP 2144.04. Regarding claim 2, Setton teaches the plant sensor system of Claim 1, Setton teaches further comprising output of processed data from said processing unit being sent to a rf short range transceiver (para [0051] For example, system 300 may utilize a communication technique such as Bluetooth Mesh or Software Defined Radios) Blue tooth is a short-range rf transceiver, to a rf antenna (blue tooth uses rf antenna), and to a cellular modem (para [0076] including one or more communication interfaces (e.g., RS232, Ethernet, Wifi, Bluetooth, USB). Useful examples include, but are not limited to, personal computers, smart phones, laptops, mobile computing devices, tablet PCs, touch boards, and servers.) and cellular antenna (devices like smart phones, laptops include cellular modem and antenna), said rf short range transceiver, said a rf antenna, said cellular modem and said cellular antenna being in said plant parent sensor (Accordingly, the blue tooth for rf short range transceiver and rf antenna, a smart phone for cellular modem using a cellular antenna were used for communication of plant status by the present invention.) Regarding claim 24, Setton teaches the plant sensor system of claim 16, wherein said plant sensor system is a wireless mesh network (para [0063] …sensor arrays 395, and/or any other suitable components of system 300 for growing growth material 365 may be provided via a wireless mesh network) Claims 8, 16 and 25 are rejected as claim 1 having same claim limitations. Claims 9, 17 and 26 are rejected as claim 2 having same claim limitations. Claim(s) 3-4, 11-12, 19-20, 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Setton in view of Gilbert et al (US 20150351336 A1) here in after Gilbert. Regarding claim 3, Setton teaches the plant sensor system of Claim 1, Setton teaches wherein said first plant child sensor and said second plant child sensor enable said display unit of said processing unit to provide comparative data of said first plant and said second plant against historical plant data for said first plant and said second plant in real time (para [0038] User interface 400 may be any suitable user interface for receiving input and/or providing output (e.g., raw data and/or results of predictive analysis described above such as recommendations) to a user. Para [0056] Controller 378 may immediately process the sensed data as described below in real time or near real time.) Examiner considers a user inface display enabling presentation of processing of data to a user by predictive analysis that compares the past (historical) and the present plant status data of the first/second plant in the cluster and similarly for plant growth stage of the first plant in the cluster to predict or determine if there is any ongoing deviation from expected results in real time. Setton does not teach using energy harvesting. Gilbert teaches using energy harvesting (para [0047] The elevated position of the repeaters R above the tree canopy allows the repeaters to be powered substantially by solar power by means of solar panels associated with each repeater. This in turn allows the repeaters to operate on a substantially continuous basis without a sleep mode.). Herein devices running on solar power is viewed to be using energy harvesting. Accordingly, it would have been obvious to the person skilled in the art at the time of filing of the present invention to have incorporated Gilbert into Setton for the purpose of incorporating the idea of energy harvest so that the devices can be operated using a solar energy. Regarding claim 4, the combination of Setton and Gilbert teach the plant sensor system of Claim 3 Gilbert teaches wherein said power harvesting components include a solar cell, a rf energy harvester, and a rf antenna (para [0047] The elevated position of the repeaters R above the tree canopy allows the repeaters to be powered substantially by solar power by means of solar panels associated with each repeater…. The repeaters may therefore be configured to operate as routers such that the collection of repeaters form a true mesh network to propagate data between the sensing/actuating devices and a gateway device.). Above for power harvesting component include solar panel and routers. Solar panel has solar cell and connected to routers. Routers viewed as rf energy harvester and routers have rf antenna. Accordingly, it would have been obvious to the person skilled in the art at the time of filing of the present invention to have incorporated Gilbert into Setton for the purpose of incorporating the idea of energy harvest so that the devices can be operated using a solar energy and routers with rf antenna. Claims 11, 19, 27 are rejected as claim 3 having same claim limitations. Claims 12, 20, 28 are rejected as claim 4 having same claim limitations. Claim(s) 5, 13, 21, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Setton in view of Choi et al (US 20180240330 A1) here in after “Choi” Regarding claim 5, Setton teaches the plant sensor system of Claim 1, Setton does not clearly teach wherein said historical plant data is augmented using imagery captured from either a satellite or a drone. Choi teaches wherein said historical data is augmented using imagery captured from either a satellite or a drone (para [0255] According to an embodiment of the present disclosure, the first electronic device 410 may enlarge or shrink the image 1511 captured by the first UAV 481. ). Drone or UAV captured image is viewed as historical data which is enlarged or shrink (i.e. augmented). The person skilled in the art would use the above ideas for plant image data. Accordingly, it would have been obvious to the person skilled in the art at the time of filing of the present invention to have incorporated Choi into Setton for the purpose of incorporating the idea of augmenting a historical plant data captured by a drone or UAV so that a required image analysis can be performed on the historical plant data. Claims 13, 21, 29 are rejected as claim 5 having same claim limitations. Claim(s) 6-7, 14-15, 22-23, 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Setton in view of Basu et al (WO 2022132912 A1) here in after “Basu” and Hutchison et al (US 20110029611 A1) herein after “Hutchinson” Regarding claim 6, Setton teaches the plant sensor system of Claim 1, Setton teaches further comprising a first LED visible light flash for said first plant child sensor and a second LED visible light flash for said second plant child sensor (Setton, in Fig. 4, paragraph [0032] Node assembly 375 may include a power converter 377, a controller 378, a lighting array 380. Para [0043] 0043] the exemplary LEDs of lighting assemblies 415, 420, 425, and 430 may be pulsed to reduce power consumption and/or provide additional tuning of properties of growth material 365 (e.g., plants properties or properties of fungi or algae)) LED is viewed to be visible light flash due to pulsed reduce power consumption in LED. said user interface being on a portable device (para [0038] User interface 400 may be any suitable user interface for receiving input and/or providing output (e.g., raw data and/or results of predictive analysis described above such as recommendations) to a user. For example, user interface 400 may be a touchscreen device (e.g., of a smartphone, a tablet, a smartboard, and/or any suitable computer device)), Setton does not clearly teach A first and second retrieval LED, said frequency of said first LED visible light flash on said portable device increasing as said portable device approaches said first plant child sensor, said frequency of said second LED visible light flash increasing on said portable device as said portable device approaches said second plant child sensor. Basu in para 37 teaches guiding a farmer to locations within a crop field. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Basu in Setton for the purpose of locating a crop in the field for accurate monitoring of status of the crop. Setton and Basu does not clearly teach A first and second retrieval LED, said frequency of said first LED visible light flash on said portable device increasing as said portable device approaches Hutchison teaches A first and second retrieval LED (0068] As described above, the notification generator 216 may include a light source such as LEDs) LEDs for light source is viewed as first and second retrieval LED, said frequency of said first LED visible light flash on said portable device increasing as said portable device approaches (para [0037] According to another embodiment, the device 104 may generate the notification in a way to help user 102 determine if user 108 is approaching or leaving… For example, the light source 112 may generate a series of light pulses, when device 104 detects that the user 108 is in range and that device 106 shares the same affinity code. In addition, device 104 is able to determine the movement or motion of device 106 so that when user 108 approaches user 102, device 104 will increase the pulse frequency to signal user 102 that another person in the same interest group is approaching. When user 108 is moving away from user 102, device 104 decreases the pulse frequency.) The above idea of LED visible light flash increasing can be applicable for both first and second LED on a portable device. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have integrated the idea of Hutchison (i.e. increasing a frequency of LED on portable device) into Setton and Basu so that the farmer/user can get notification using LED on plant child sensors and increased LED signals frequency on a portable device. Therefore, when the portable device approaches the plant sensor, first and second plant child sensor provide a light signal indication of relative distance of sensor and portable device. Regarding claim 7, Setton teaches the plant sensor system of Claim 1, Setton teaches user interface being on a portable device (para [0038] User interface 400 may be any suitable user interface for receiving input and/or providing output (e.g., raw data and/or results of predictive analysis described above such as recommendations) to a user. For example, user interface 400 may be a touchscreen device (e.g., of a smartphone, a tablet, a smartboard, and/or any suitable computer device), Setton does not clearly teach First and second retrieval audible sounding device having audible sounding device sound frequency, said second audible sounding device sound frequency on said portable device increasing as said portable device approaches said second plant child sensor. Basu in para [0037] teaches guiding a farmer to locations within a crop. Accordingly, it would have been obvious to person skilled in the art at the effective filing of the invention to incorporate the teaching of Basu for the purpose of guiding or locating the crop in the field. However, Setton and Basu do not clearly teach First and second retrieval audible sounding device having audible sounding device sound frequency, said second audible sounding device sound frequency on said portable device increasing as said portable device approaches said second plant child sensor. Hutchison teaches First and second retrieval audible sounding device having audible sounding device sound frequency ([0068] As described above, the notification generator 216 may include a light source such as LEDs, a sound generator such as a speaker, a display device, or a combination of these devices, similar to 110, 112, and 114 depicted in FIG. 1A.), Speaker is viewed as retrieval audible sounding device having audible sounding device sound frequency for first and second plant child sensor. said second audible sounding device sound frequency on said portable device increasing as said portable device approaches said second plant child sensor (para [0037] Similarly, speaker 110 may generate a series of "beeps" and adjust the frequency or the volume of the "beeps" according to user 102's movement. Still similarly, the display 114 may generate a text message indicating whether the other group member 108 is approaching or leaving.). The above idea of sound frequency adjustment is viewed as increasing/decreasing sound volume would be applicable for both first and second sound on a portable device. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have integrated the idea of Hutchison (i.e. increasing a frequency of sound on portable device) into Setton and Basu so that the farmer/user can get notification using speakers in first and second plant child sensor and use an increased sound signals frequency on portable device when the portable device is approaching a plant sensor, second plant child sensor providing a relative distance between portable device and second plant child sensor. Claims 14, 22 and 30 are rejected as claim 6 having same claim limitations. Claims 15, 23 are rejected as claim 7 having same claim limitations. Claim(s) 10, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Setton in view of McPeek (US 20180259496A1). Regarding claim 10, Setton teaches the plant sensor system of Claim 8, Setton does not clearly teach further comprising said processing unit including an accelerometer. McPeek teaches further comprising said processing unit including an accelerometer ([0002] The present invention relates to systems and methods for monitoring agricultural products. para [0049] An INS may include one or more inertial measurement units (IMUs), which may comprise accelerometers, gyroscopes. Para [0070] In some embodiments of the invention, the INS and GPS systems are used to translate measurements taken by other sensors into real-world geodetic coordinates). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated McPeek into Setton for the purpose of having an inertial measurement, GPS with an acceleration, so plants can be monitored by location. Claim 18 is rejected as claim 10 having same limitation. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stachon et al (US 201101143805 A1) discuss monitoring plants using moving sensors. Makaram (US 12446493 B2) discuss monitoring agricultural plants using sensors. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARAD TIMILSINA whose telephone number is (571)272-7104. The examiner can normally be reached Monday-Friday 9:00-5:00. 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, Catherine Rastovski can be reached at 571-270-0349. 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. /SHARAD TIMILSINA/Examiner, Art Unit 2863 /Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2863
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Prosecution Timeline

Feb 14, 2023
Application Filed
Nov 06, 2025
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
94%
With Interview (+14.6%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 141 resolved cases by this examiner. Grant probability derived from career allow rate.

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