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 amendments, filed 11/05/2025, with respect to prior claim objections and 112 rejections of claims have been fully considered and are persuasive. The claim objections and 112 rejections of claims has been withdrawn.
With regard to the prior art, Applicant's arguments filed 11/05/2025 have been fully considered but they are not persuasive.
Applicant argues that Kumaran fails to teach “a charge variation (QVAR) sensor coupled to the QVAR electrode”. Examiner respectfully disagrees, claim does not recite any specific structural requirement for a “QVAR sensor” beyond its function of detecting charge/capacitance at the electrode and outputting a corresponding digital signal. Kumaran expressively teaches that the capacitive probe output is converted and digitized by an ADC, producing “a digital indicative of the capacitance detected by the probe”, which is processed to determine soil moisture [0022-22]. Therefore, the disclosing the claimed sensor functionality, a claim feature is not patentably distinct because applicant applies a different label (QVAR) to known capacitive sensing circuitry.
Applicant further argues reciting “processing the digital signal from the QVAR sensor” is allowable. Examiner respectfully disagrees, Kumaran teaches that the microcontroller receives the digitized capacitance signal from ADC and determines moisture content therefrom [abstract]. The steps of claim 11 necessarily occur during normal operation of Kumaran’s disclosed apparatus see MPEP 2112.
Applicant further argues for claim 18 that the combination is improper because Chandra does not use a “QVAR sensor”. Examiner respectfully disagrees, Chandra teaches varying soil moisture by adding known water volumes are correlating measurements across moisture levels i.e. establish calibration relationships, and is obvious calibration technique to apply at Kumarans soil sensor to improve accuracy of absolute moisture measurements.
Claim Rejections - 35 USC § 102
4. 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 1-17 are rejected under 35 U.S.C. 102 as being anticipated by Kumaran (U.S. Publication 20150330932).
Regarding claim 1, Kumaran further discloses a soil sensor (fig. 1 (100)) comprising:
a signal generator;
a transmitter coupled to the signal generator, the transmitter configured to transmit a signal from the signal generator (fig. 1 (120 generate signal to 160 via 169)), the signal having a fixed frequency (“The RLC tank circuit 110 receives a drive signal 185 having a predetermined frequency from the microcontroller 115” [0022]), the transmitter comprising a transmit electrode embedded within a first dielectric material (fig. 1 (160 in 170)));
a receiver (fig. 1 (115 via 175)), the receiver being configured to electrostatically couple to the transmitter through a channel comprising soil, the receiver comprising a charge variation (QVAR) electrode embedded within a second dielectric material (fig. 1 (electrode 155 (165) in 170 provides change of capacitance to 175 and 115 via 173, 177, Noncontact capacitive sensors work by measuring changes in an electrical property called capacitance, Capacitance describes how two conductive objects with a space between them (space or dielectric) respond to a voltage difference applied to the positive plate and negative plate. When a voltage is applied to the positive plate and negative plate, an electric field is created in the space between them causing positive and negative charges to collect on each of the positive plate and negative plate, an alternating voltage which causes the charges to continually reverse their positions. The moving of the charges creates an alternating electric current which is detected by a sensor));
a charge variation (QVAR) sensor coupled to the QVAR electrode (fig. 1 (120)), the QVAR sensor configured to detect a variation in charge detected at the QVAR electrode in response to the signal from the signal generator and output a digital signal comprising the charge detected (“handheld sensor device 120 that is capable of both sensing and processing soil moisture information” as processed by 105 [0016], Noncontact capacitive sensors work by measuring changes in an electrical property called capacitance, Capacitance describes how two conductive objects with a space between them (space or dielectric) respond to a voltage difference applied to the positive plate and negative plate. When a voltage is applied to the positive plate and negative plate, an electric field is created in the space between them causing positive and negative charges to collect on each of the positive plate and negative plate, an alternating voltage which causes the charges to continually reverse their positions. The moving of the charges creates an alternating electric current which is detected by a sensor); and
a processing circuit (fig. 1 (115)) coupled to the QVAR sensor (fig. 1 (120)) and configured to determine a level of moisture in the channel based on the digital signal (“The computing devices, such as the microcontroller 115, which are used to process the data in order to derive the relevant characteristics of the tested material, such as moisture content and the like”, “The capacitance between the electrodes 150, 155 depends upon the dielectric constant as well as the moisture content of the soil 170 between the probe” [0017, 0020]).
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Regarding claim 2, Kumaran further discloses a power supply to power the processing circuit (“Various input/output (I/O) ports 125 may be provided on the housing for power and/or data transfer (e.g., USB) to/from the device” [0016]).
Regarding claim 3, Kumaran further discloses a transceiver to transmit the determined level of moisture in the channel, and to receive instructions for operation of the signal generator.
Regarding claim 4, Kumaran further discloses wherein the processing circuit and the signal generator are disposed within a common water-proof casing (fig. 1 (115, 110, 125 in 120)).
Regarding claim 5, Kumaran further discloses wherein the processing circuit and the signal generator are enclosed in separate water-proof casings and coupled to each other through water-proof cables (fig. 1 (115, 110 in 120)).
Regarding claim 6, Kumaran further discloses wherein the first dielectric material and the second dielectric material comprise the same dielectric material (fig. 1 (170)).
Regarding claim 7, 17, Kumaran further discloses wherein the first dielectric material and the second dielectric material comprise polytetrafluoroethylene, polyimide, glass, polyester, or metal oxides (fig. 1 (soil 170 inherently rich in metal oxides)).
Regarding claim 8, 16, Kumaran further discloses wherein the first dielectric material and the second dielectric material provide a water-proof seal around the respective transmit and QVAR electrodes (capacitive probes are inherently insulated to prevent corrosion and respond only to dielectric constants)
Regarding claim 9, Kumaran further discloses wherein the QVAR and transmit electrodes comprise regions of metal on a PCB (fig. 1 (upper area of 160 on 120)).
Regarding claim 10, 12, 13, Kumaran further discloses a filter to remove noise from the detected signal at the receiver (fig. 2 (RC circuit R2 with C3) do reduce noise).
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Regarding claim 11, the method recited is intrinsic to the apparatus recited in claim 1, as disclosed by Kumaran (U.S. Publication 20150330932) as the recited method steps will be performed during the normal operation of the apparatus, as discussed above with regard to claim 1.
Regarding claim 14, Kumaran further discloses transmitting the moisture content of the patch of soil (“handheld sensor device 120 that is capable of both sensing and processing soil moisture information” as processed by 105 [0016]).
Regarding claim 15, Kumaran further discloses wherein the transmitter comprises a transmit electrode embedded within a first dielectric material; and wherein the receiver comprises a charge variation (QVAR) electrode embedded within a second dielectric material (fig. 1 (105, 160 in 170)).
Claim Rejections - 35 USC § 103
5. 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.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kumaran (U.S. Publication 20150330932) in view of Chanrda (U.S. Publication 20200110170).
Regarding claim 18, the method recited is intrinsic to the apparatus recited in claim 1, as disclosed by Kumaran (U.S. Publication 20150330932) as the recited method steps will be performed during the normal operation, as discussed above with regard to claim 1. Kumaran does not explicitly teach adding a known volume of water to the patch of soil; after adding the water, generating a second soil moisture measurement using the soil sensor; and determining a moisture content calibration table for the soil based on the first and the second moisture measurements.
However, Chandra teaching soil measurement system teaches adding a known volume of water to the patch of soil; after adding the water, generating a second soil moisture measurement using the soil sensor; and determining a moisture content calibration table for the soil based on the first and the second moisture measurements (“the soil moisture was varied by adding water, and the accuracy of the system was measured in determining different soil moisture levels. In each trial, the soil was stirred thoroughly to mix water into soil before burying the antenna array. FIG. 7B plots soil permittivity estimation results from USRPs at different moisture levels and with different bandwidths. The estimated ToF does not deviate too much from sensor data at all moisture levels even with a small bandwidth” [0097] stored in “The data transmit and record devices” [0107]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate the calibration steps of Chandra in Kumaran to gain the advantage of accurate sensing device with improved measurements of absolute moisture levels [Chandra [0046]].
Regarding claims 19-20, Kumaran as modified by Chandra further teaches placing a transmitter and a receiver of a soil sensor in a second patch of soil; generating a third soil moisture measurement using the soil sensor; and determining a moisture content of the second patch based on the third soil moisture measurement and the moisture content calibration table (multiple readings on soil were taken on same and different sample the readings are as (“the soil moisture was varied by adding water, and the accuracy of the system was measured in determining different soil moisture levels. In each trial, the soil was stirred thoroughly to mix water into soil before burying the antenna array. FIG. 7B plots soil permittivity estimation results from USRPs at different moisture levels and with different bandwidths. The estimated ToF does not deviate too much from sensor data at all moisture levels even with a small bandwidth” [0097] stored in “The data transmit and record devices” [0105-0107]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate the calibration steps of Chandra in Kumaran to gain the advantage of accurate sensing device with improved measurements of absolute moisture levels [Chandra [0046]].
Conclusion
6. 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 TAQI R NASIR whose telephone number is (571)270-1425. The examiner can normally be reached 9AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lee Rodak can be reached at (571) 270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAQI R NASIR/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858