DETAILED ACTION
Claims 1, 4-5, 7-21, 24-25 and 27-39 are pending. Claims 1, 3, 5, 6, 8, 9, 12, 15, 16, 18-22, 24-28 are amended. Claims 13, 14 and 35 are cancelled. Claims 36-38 are new. Claims 29-34 are withdrawn.
Claim Rejections - 35 USC § 101
Previous rejection under 35 USC 101, is withdrawn in view of Applicant's reply filed 03/18/2026.
To note: Claims 1, 4-5, 7-21, 24-25 and 27-39 are patent eligible with regards to the Patent Subject Matter Eligibility Guidance. The claims, taken as a whole amount to a practical application of the judicial exception see MPEP 2106.04(d) (a claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4, 5, 7-19, 21, 24, 25, and 27-38 are rejected under 35 U.S.C. 103 as being unpatentable over Meissner in view of Berney, IV et al. [US 2017/0260711 A1; hereinafter “Berney”].
Regarding claim 1, Meissner teaches a method for determining organic carbon content in agricultural field soil used to grow crops, comprising:
measuring bulk density of the soil at a sample site of the agricultural field in situ (by measuring bulk density in situ – 0044) to obtain bulk density data (the rotational soil penetrometer may be configured to determine bulk density of the soil, elemental composition of the soil (e.g. carbon content of the soil, nitrogen content of the soil, oxygen content of the soil), soil moisture, soil texture, and/or any of a variety of other soil properties based at least in part on the soil penetration data and/or the spectroscopic data - 0047);
measuring percentage of carbon (if the density of soil is determined to be 2 g/cm.sup.3, and the soil is 20% carbon, the volumetric density of carbon is 0.4 g/cm.sup.3. This may, advantageously, allow calculation of a total amount of carbon in the soil by multiplying the soils volume by its average carbon density - 0055) in the sample site soil of the agricultural field to obtain percentage of carbon data (e.g. carbon content of the soil, nitrogen content of the soil, oxygen content of the soil- 0047) (it may be advantageous to measure properties such as elemental composition of the soil (e.g., carbon wt. % or nitrogen wt. %), - 0127); and
determining the organic carbon content of the soil based on the bulk density data and the percentage of carbon data (volumetric mass density of carbon may be determined by determining a wt. % carbon in the soil and multiplying it by the bulk density of the soil - 0130).
While Meissner teaches measuring the bulk density of the soil includes operating a density measurement instrument at the sample site ((i.e., a bore the probe is inserted into, a soil core, loose soil samples, etc. – 0051), Meissner does not specifically disclose using a nuclear density measurement device.
However, Berney discusses measuring the bulk density of the soil includes performing a nuclear density measurement at the sample site (a nuclear density gauge uses nuclear sources to determine bulk soil density and water mass within the soil - 0006) by operating a nuclear density gauge including a radioactive source (nuclear source – Berney - 0006).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of Meissner to further include the nuclear density gauge as discussed by Berney for the benefits of conducting a density measurement in a quicker manner thereby reducing measuring times (Berney - 0006).
Regarding claim 4, Meissner in combination with Berner further teaches operating the nuclear density instrument includes operating a nuclear density instrument exempt from licensing by applicable governmental laws or regulations (Berney - 0006).
Regarding claim 5, Meissner teaches measuring the bulk density of the soil includes measuring the bulk density of soil undisturbed for the measurement (The spectroscopic data may be collected using any of a variety of appropriate techniques. For example, spectroscopic data may be collected using reflectance spectroscopy. In some embodiments, the spectroscopic data includes reflectance data from illuminated soil (e.g., from soil that has been illuminated by a rotational soil penetrometer). The spectroscopic data may be collected using a spectrometer - 0055).
Regarding claim 7, Meissner teaches operating the density measurement instrument at the sample site includes: inserting a probe into the soil at the sample site ((i.e., a bore the probe is inserted into, a soil core, loose soil samples, etc. – 0051); and receiving a visual display of the bulk density data from the instrument at the sample site ( FIG. 14 schematizes a transmission 601 of soil data and/or location data from rotational soil penetrometer 301 to an external system, such as a database using an intermediate satellite 603, a handheld computing device 605, or computing device 607, which may query and/or update the database with the collected soil data and geographic location in order to identify an appropriate model and determine bulk density of the soil - 0125).
Regarding claim 8, Meissner teaches collecting a soil sample of the sample site soil of the agricultural field (using in situ measurements, pre-collected soil samples, bench top measurements, and/or any appropriate measurements obtained using any appropriate measurement system including sensors other than those disclosed herein as the disclosure is not so limited – 0049); and measuring percentage of carbon in the sample site soil comprises measuring the percentage of carbon in the soil sample (For example, it may be advantageous to measure properties such as elemental composition of the soil (e.g., carbon wt. % - 0127).
Regarding claim 9, Meissner teaches measuring the bulk density of the soil includes obtaining the bulk density data at the sample site; the method further comprises transporting the soil sample to a location remote from the sample site; measuring the percentage of carbon in the sample site soil includes measuring the percentage of carbon in the soil sample at the location remote from the sample site; and determining the organic carbon content of the soil includes determining the organic carbon content at a location remote from the sample site (transmit soil data and a geographic location to a remotely located computing device associated with the database to implement the methods disclosed herein – 0054) (the system interacts directly with the database, which may also be referred to as a remotely located computing device in some embodiments – 0125) (comprising transmitting the geographic data to a remotely located computing device - 0129).
Regarding claim 10, Meissner teaches determining the organic carbon content of the soil includes determining the organic carbon content of the soil at the location that the percentage of carbon in the soil was measured (soil organic carbon content (SOC) for samples collected from the fields in Illinois – 0135).
Regarding claim 11, Meissner teaches determining the organic carbon content includes: determining the organic carbon content in the soil sample in a first set of units referenced to a first volume; and multiplying the organic carbon content in the first set of units by a scaling factor to determine the organic carbon content in a second set of units referenced to a second volume greater than the first volume (calculation of a total amount of carbon in the soil by multiplying the soils volume by its average carbon density - 0055) ( the volumetric mass density of carbon may be determined by determining a wt. % carbon in the soil and multiplying it by the bulk density of the soil – 0130).
Regarding claim 12, Meissner teaches multiplying by a scaling factor includes multiplying by a scaling factor to determine the organic carbon content in a second set of units suitable for an agricultural application (calculation of a total amount of carbon in the soil by multiplying the soils volume by its average carbon density - 0055) ( the volumetric mass density of carbon may be determined by determining a wt. % carbon in the soil and multiplying it by the bulk density of the soil – 0130).
Regarding claim 13, Meissner teaches the second set of units comprises tons of carbon per acre (calculation of a total amount of carbon in the soil by multiplying the soils volume by its average carbon density - 0055) ( the volumetric mass density of carbon may be determined by determining a wt. % carbon in the soil and multiplying it by the bulk density of the soil – 0130).
Regarding claim 14, Meissner teaches performing the steps of claim 1 for at least five sample sites per acre of a field including a plurality of contiguous acres to determine the organic carbon content at each of the at least five sample sites per acre; and determining organic carbon content for the field based on the organic carbon content determined at the at least five sample sites per acre (This process may be repeated for multiple geographic locations – 0054, 0053, 0052).
Regarding claim 15, Meissner teaches the method further comprises measuring moisture content of the sample site soil to obtain moisture data; and determining the organic carbon content further comprises determining the organic carbon content of the soil based on the moisture data (soil moisture – 0047, 0051, 0055, 0059, 0127).
Regarding claim 16, Meissner teaches measuring the moisture content comprises measuring the moisture content of the sample site soil in situ (soil moisture – 0047, 0051, 0055, 0059, 0127).
Regarding claim 17, Meissner teaches measuring the bulk density comprises measuring the bulk density of the sample site soil with a first instrument (the rotational soil penetrometer may be configured to determine bulk density of the soil, elemental composition of the soil (e.g. carbon content of the soil, nitrogen content of the soil, oxygen content of the soil), soil moisture, soil texture, and/or any of a variety of other soil properties based at least in part on the soil penetration data and/or the spectroscopic data - 0047); and measuring the moisture content comprises measuring the moisture content of the sample site soil with a second instrument different than the first instrument (soil moisture – 0047, 0051, 0055, 0059, 0127).
Regarding claim 18, Meissner teaches determining the organic carbon content in agricultural field soil used to grow annual crops (fields in Illinois – 0135).
Regarding claim 19, Meissner teaches determining the organic carbon content in agricultural field soil used to grow row crops (fields in Illinois – 0135).
Regarding claim 21, Meissner teaches a method for determining organic carbon content in agricultural field soil used to grow crops, comprising:
receiving in situ-measured bulk density data (by measuring bulk density in situ – 0044) of the soil of the agricultural field at a sample site, wherein the bulk density data was determined by measuring the bulk density of the sample site soil at the sample site in situ (the rotational soil penetrometer may be configured to determine bulk density of the soil - 0047);
receiving a soil sample of the sample site soil of the agricultural field, wherein the soil sample was collected at the sample site (the rotational soil penetrometer may be configured to determine bulk density of the soil, elemental composition of the soil (e.g. carbon content of the soil, nitrogen content of the soil, oxygen content of the soil), soil moisture, soil texture, and/or any of a variety of other soil properties based at least in part on the soil penetration data and/or the spectroscopic data - 0047);
measuring percentage of carbon (if the density of soil is determined to be 2 g/cm.sup.3, and the soil is 20% carbon, the volumetric density of carbon is 0.4 g/cm.sup.3. This may, advantageously, allow calculation of a total amount of carbon in the soil by multiplying the soils volume by its average carbon density - 0055) in the soil sample to obtain percentage of carbon data (e.g. carbon content of the soil, nitrogen content of the soil, oxygen content of the soil- 0047) (it may be advantageous to measure properties such as elemental composition of the soil (e.g., carbon wt. % or nitrogen wt. %), - 0127); and
determining the organic carbon content of the soil based on the bulk density data and the percentage of carbon data (volumetric mass density of carbon may be determined by determining a wt. % carbon in the soil and multiplying it by the bulk density of the soil - 0130).
While Meissner teaches measuring the bulk density of the soil includes operating a density measurement instrument at the sample site ((i.e., a bore the probe is inserted into, a soil core, loose soil samples, etc. – 0051), Meissner does not specifically disclose using a nuclear density measurement device.
However, Berney discusses measuring the bulk density of the soil includes performing a nuclear density measurement at the sample site (a nuclear density gauge uses nuclear sources to determine bulk soil density and water mass within the soil - 0006) by operating a nuclear density gauge including a radioactive source (nuclear source – Berney - 0006).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of Meissner to further include the nuclear density gauge as discussed by Berney for the benefits of conducting a density measurement in a quicker manner thereby reducing measuring times (Berney - 0006).
Regarding claim 24, Meissner in combination with Berner further teaches operating the nuclear density instrument includes operating a nuclear density instrument exempt from licensing by applicable governmental laws or regulations (Berney - 0006).
Regarding claim 25, Meissner teaches the bulk density data was measured in sample site soil undisturbed for the measurement (The spectroscopic data may be collected using any of a variety of appropriate techniques. For example, spectroscopic data may be collected using reflectance spectroscopy. In some embodiments, the spectroscopic data includes reflectance data from illuminated soil (e.g., from soil that has been illuminated by a rotational soil penetrometer). The spectroscopic data may be collected using a spectrometer - 0055).
Regarding claim 27, Meissner teaches the density measurement instrument was operated by: inserting a probe into the soil at the sample site ((i.e., a bore the probe is inserted into, a soil core, loose soil samples, etc. – 0051); and receiving a visual display of the bulk density data from the instrument at the sample site ( FIG. 14 schematizes a transmission 601 of soil data and/or location data from rotational soil penetrometer 301 to an external system, such as a database using an intermediate satellite 603, a handheld computing device 605, or computing device 607, which may query and/or update the database with the collected soil data and geographic location in order to identify an appropriate model and determine bulk density of the soil - 0125)
Regarding claim 28, Meissner teaches the bulk density data was obtained at the sample site;
the soil sample was transported to a location remote from the sample site;
measuring the percentage of carbon in the soil sample includes measuring the percentage of carbon in the soil sample at the location remote from the sample site; and
determining the organic carbon content of the soil includes determining the organic carbon content at a location remote from the sample site (transmit soil data and a geographic location to a remotely located computing device associated with the database to implement the methods disclosed herein – 0054) (the system interacts directly with the database, which may also be referred to as a remotely located computing device in some embodiments – 0125) (comprising transmitting the geographic data to a remotely located computing device - 0129).
Regarding claim 29, Meissner teaches determining the organic carbon content of the soil includes determining the organic carbon content of the soil at the location that the percentage of carbon in the soil was measured (soil organic carbon content (SOC) for samples collected from the fields in Illinois – 0135).
Regarding claim 30, Meissner teaches determining the organic carbon content includes: determining the organic carbon content in the soil in a first set of units referenced to a first volume; and multiplying the organic carbon content in the first set of units by a scaling factor to determine the organic carbon content in a second set of units referenced to a second volume greater than the first volume (calculation of a total amount of carbon in the soil by multiplying the soils volume by its average carbon density - 0055) ( the volumetric mass density of carbon may be determined by determining a wt. % carbon in the soil and multiplying it by the bulk density of the soil – 0130).
Regarding claim 31, Meissner teaches multiplying by a scaling factor includes multiplying by a scaling factor to determine the organic carbon content in a second set of units suitable for an agricultural application (calculation of a total amount of carbon in the soil by multiplying the soils volume by its average carbon density - 0055) ( the volumetric mass density of carbon may be determined by determining a wt. % carbon in the soil and multiplying it by the bulk density of the soil – 0130).
Regarding claim 32, Meissner teaches the second set of units comprises tons of carbon per acre (calculation of a total amount of carbon in the soil by multiplying the soils volume by its average carbon density - 0055) ( the volumetric mass density of carbon may be determined by determining a wt. % carbon in the soil and multiplying it by the bulk density of the soil – 0130).
Regarding claim 33, Meissner teaches performing the steps of claim 21 for at least five sample sites per acre of a field including a plurality of contiguous acres to determine the organic carbon content at each of the at least five sample sites per acre; and determining organic carbon content for the field based on the organic carbon content determined at the at least five sample sites per acre (This process may be repeated for multiple geographic locations – 0054, 0053, 0052).
Regarding claim 34, Meissner teaches the method further comprises receiving moisture data representative of moisture content of the sample site soil; determining the organic carbon content further comprises determining the organic carbon content of the soil based on the moisture data (soil moisture – 0047, 0051, 0055, 0059, 0127).
Regarding claim 35, Meissner teaches the moisture data was obtained by measuring the moisture content of the sample site soil at the sample site in situ (soil moisture – 0047, 0051, 0055, 0059, 0127).
Regarding claim 36, Meissner teaches the bulk density data was obtained by measuring the bulk density of the sample site soil with a first instrument (the rotational soil penetrometer may be configured to determine bulk density of the soil, elemental composition of the soil (e.g. carbon content of the soil, nitrogen content of the soil, oxygen content of the soil), soil moisture, soil texture, and/or any of a variety of other soil properties based at least in part on the soil penetration data and/or the spectroscopic data - 0047); and the moisture data was obtained by measuring the moisture content of the sample site soil with a second instrument different than the first instrument (soil moisture – 0047, 0051, 0055, 0059, 0127).
Regarding claim 37, Meissner teaches determining the organic carbon content in agricultural field soil used to grow annual crops (fields in Illinois – 0135).
Regarding claim 38, Meissner teaches determining the organic carbon content in agricultural field soil used to grow row crops (fields in Illinois – 0135).
Claims 20 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Meissner and Berney in view of McBratney et al. [US 2021/0304850 A1; hereinafter “McBratney”].
Regarding claim 20, while Meissner and Berney teach the above limitations, Meissner does not specifically disclose determining carbon sequestration.
However, McBratney discloses organic carbon content in agricultural field soil used to grow crops, comprising: determining the organic carbon content in the agricultural field soil before planting or substantial growth of the crops; determining the organic carbon content in the agricultural field soil after substantial growth or harvest of the crops; and determining carbon sequestration in the agricultural field soil based on the organic carbon content before planting or substantial growth of the crops and the organic carbon content after substantial growth or harvest of the crops (figure 1, via sequestration – 0093-0097).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of Meissner to include the sequestration determination process as taught by McBratney to prevent deliberate inaccurate sequestration by minimizing large sampling variance and thereby producing a more valid estimation of the change on carbon content (McBratney - 0004).
Regarding claim 39, while Meissner and Berney teach the above limitations, neither specifically disclose determining carbon sequestration.
However, McBratney discloses organic carbon content in agricultural field soil used to grow crops, comprising: determining the organic carbon content in the agricultural field soil before planting or substantial growth of the crops; determining the organic carbon content in the agricultural field soil after substantial growth or harvest of the crops; and determining carbon sequestration in the agricultural field soil based on the organic carbon content before planting or substantial growth of the crops and the organic carbon content after substantial growth or harvest of the crops (figure 1, via sequestration – 0093-0097).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of Meissner in combination with Berney, IV to include the sequestration determination process as taught by McBratney to prevent deliberate inaccurate sequestration by minimizing large sampling variance and thereby producing a more valid estimation of the change on carbon content (McBratney - 0004).
Response to Arguments
Applicant's arguments filed 03/18/2026 regarding the rejections under 102 and 103 have been fully considered but they are not persuasive.
Applicant argues that “in view of the very different applications of the nuclear density measurement instruments in Meissner and Berney, it would not have been obvious to combine the features of these references in the manner asserted in the Office Action” (see page 11, second paragraph of the response).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Meissner teaches measuring the bulk density of the soil includes operating a density measurement instrument at the sample site ((i.e., a bore the probe is inserted into, a soil core, loose soil samples, etc. – 0051), Meissner does not specifically disclose using a nuclear density measurement device.
However, Berney discusses measuring the bulk density of the soil includes performing a nuclear density measurement at the sample site (a nuclear density gauge uses nuclear sources to determine bulk soil density and water mass within the soil - 0006) by operating a nuclear density gauge including a radioactive source (nuclear source – Berney - 0006).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of Meissner to further include the nuclear density gauge as discussed by Berney for the benefits of conducting a density measurement in a quicker manner thereby reducing measuring times (Berney - 0006).
Relevant Prior Art / Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fawad et al. (US Patent Application Publication 2021/0255358 A1) discloses a method for estimating subsurface total organic carbon (TOC) from well-log data.
THIS ACTION IS MADE FINAL. 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 RICKY GO whose telephone number is (571)270-3340. The examiner can normally be reached on Monday through Friday from 9:00 a.m. to 5:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICKY GO/Primary Examiner, Art Unit 2857
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