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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In claim 10, it is unclear how the “strut” is configured to be secured to the stem of a single plant to support growth of the plant in an upright direction. It would appear from the specification that a cord 24 is simply tied on to the strut, requiring no specific configuration of the strut.
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 for establishing a background for determining obviousness under 35 U.S.C. 103 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 1-6 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over DE-102009026346 (Rahe), see translation. As to claim 1, Rahe discloses a detecting device for detecting a plant condition including a hollow strut (first line 8) configured to fixedly (fixed to tractor 1) stand (note inlet 7 of line 8 appears to stand) on a surface adjacent to a culture medium (plant area) to support plants, at least one introduction port (opening suction port 7) communicating with an interior and an exterior of the strut, at least one odor sensor (4) disposed at a position corresponding to the at least on port in the interior of the strut in the interior of the strut (that extends from 8 to line 6) and configured to detect an odor of the plant, and a pump (suction fan/pump 12) connected to the strut (via line 6) and configured to suck outside air from the introduction port (opening 7) into the interior of the strut, see translation and figs. 1-2. Further, it is noted that Rahe fail to specifically indicate that the strut is configured to fixedly stand on a surface adjacent to the culture medium to support a plant, per se. However, in figs. 1 and 2, the line 8 with port 7 is fixedly mounted to the tractor 1 and extends downward toward the ground which would obviously have soil (the culture medium) which ground soil would support the plants being sniffed. Hence, the strut is configured to fixedly stand on “a surface adjacent to the culture medium to support a plant”. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to have designated the strut as configured to fixedly stand on a surface adjacent to the culture medium to support a plant given the depiction of fig. 1. As to claim 2, note the line transports the air such that it is hollow within main body portion (line 6) and in the shape of a column and at least one hollow box-shaped housing (measuring chamber 14 with housing 5) in communication with an interior of the main body portion (line 6) of the strut and the port (7) communicates between the housing portion (line 6) and an external (at port 7) and the odor sensor (4) is disposed interiorly of the one housing portion (line 6). As to claim 3, it does appear that the connection portion diameter is negligible when viewed in fig. 2 such that it is smaller in diameter than the housing portion, when taking the diameter as horizontally through fig. 2. As to claim 4, detachability of the housing portion is not specified by Rahe. However, to make the housing portion as detachable is considered a matter of design choice since it is well known in the art in order to be able to access the odor sensor for servicing, etc. The separation of elements, where removability would be desirable, is a design consideration within the skill of the art. In re Dulberg, 283 F.2d 522, 129 USPQ 348 (CCPA 1961). As to claim 5, note the hollow columnar shape depicted in figs. 1 and 2 for line 8 where the opening is on a lower side surface at 7. As to claim 6, note the end opening of line 8 appears to be tapered where the opening expands (i.e. it is a narrower opening in the interior of the line 8 as compared to the outer part of the opening) from an interior toward an external, see figures 1 and 2. As to claims 8 and 9, note the additional opening at 10. Further, a single odor sensor 4 is used via a valve switching between one inlet line 8 to another line 10. However, the usage of multiple odor sensors 4 at equal intervals according the level of the opening as an alternative to a single sensor with a valve for switching is considered a matter of design choice since duplicating the components of a prior art device is a design consideration within the skill of the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). As to claim 10, as best understood, it would appear that the first line 8 with opening 7 is in an upright direction since the line 8 with opening 7 is upright in the growth direction such that it is configured so that it can be secured to a stem of a single plant to support growth of the plant just by its “upright” extension. Please note there is no limitation reciting that the strut to be actually secured via any means.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Rahe (DE 102009026346) as applied to claims 1-6 and 8-10 above, and further in view of CN-204968511 (Chen), see translation. As to claim 7, Rahe lacks a teaching for provision of an environmental sensor to detect one of temperature, humidity or carbon dioxide. In a related prior art device, Chen discloses an automatic weeding trolley which includes plural temperature and humidity sensors 7 along with a smell/odor detector 5, see fig. 1 and translation. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to have included the additional temperature and humidity sensors to the device of Rahe along with the odor detector since Chen discloses the temperature and humidity sensor can detect the condition of the soil so as to judge the concentration of the plant, see translation page 2.
Response to Arguments
Applicant's arguments filed 2/11/26 have been fully considered but they are not persuasive. Applicant has argued that Rahe piping that is movable relative to the ground and fixing the piping to the field would defeat the purpose of mobile measurement by a machine. Such arguments are not found persuasive because the claim limitation calls for a strut configured to fixedly stand (fixed to stand upright on a tractor) on a surface adjacent to the culture medium (note there is no extent to “adjacent” given where 1 foot away or 1 in away from the culture medium would both be adjacent) where the given definition of adjacent is “next to or very near a location” such that the claimed limitations have been met. Further, the claim language does not require that the piping not to be “movable”, as argued. With regard to claim 10, although there are no arguments presented with regard to this claim, it is noted that the claim merely recites that the strut is configured to be secured and support growth and provides no structural limitation of any actual means of securing such that the claim limitation has been met by the upright configuration of the line 8 near the opening 7.
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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NF
Examiner
Art Unit 2855
/N.S.F/ Examiner, Art Unit 2855
/LAURA MARTIN/ SPE, Art Unit 2855