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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
An information disclosure statement has not been received. If the Applicant is aware of any prior art or any other co-pending applications not already of record, he/she is reminded of his/her duty under 37 CFR 1.56 to disclose the same.
Drawings
Reference characters are not properly applied. MPEP § 608.02(e) Examiner Determines Completeness and Consistency of Drawings: “The examiner should ensure that the figures are correctly described in the brief description of the several views of the drawing section of the specification, that the reference characters are properly applied, that no single reference character is used for two different parts or for a given part and a modification of such part, and that there are no superfluous illustrations.” In the present case, Applicant has failed to provide proper reference characters. See 37 CFR 1.84, especially sections (p) and (q) for guidance; see also reference US 20190101505 A1 “Liu” as an example of providing reference characters (numbering of elements).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Related to the drawing objection(s) above, the specification is likewise objected to for the lack of proper referencing. See also MPEP § 608.01(g) pertaining to that reference characters must be properly applied.
The use of the term(s) “Zigbee”, which is/are (a) trade name(s)/mark(s) used in commerce, has/have been noted in this application. Trade names/marks should be capitalized and include “®” wherever they appear, and said trade names/marks should further be accompanied by the generic terminology for at least the first instance of each.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
See related 112(b)/2nd indefinite rejections.
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(s) 3-4, 7-8, and 10 is/are 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.
Regarding claim(s) 3, 4, 7, & 10,
“Zigbee” is a trade name/mark for a wireless personal area network. Since the trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of the 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph; see MPEP § 2173.05 and Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. In fact, the value of a trademark would be lost to the extent that it became descriptive of a product, rather than used as an identification of a source or origin of a product. Thus, the use of a trademark or trade name in a claim to identify or describe a material or product would not only render a claim indefinite, but would also constitute an improper use of the trademark or trade name. See also related Specification Objections pertaining to trademarks above.
Dependent claim(s) of rejected claim(s) is/are likewise rejected.
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) 1-3, 5-6, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over newly cited Hu* et al (CN 115754245 A; hereafter “Hu”) in view of newly cited Liu et al (US 20190101505 A1; hereafter “Liu”).
*machine translation provided with foreign document and utilized for providing English citations
Regarding independent claim 1,
Hu teaches a monitoring system (Nitrogen Networking Monitoring System With Different Depths) for monitoring farmland nitrogen leaching (Title “Nitrogen Networking Monitoring System With Different Depths Of Farmland Soil”; Abstract “farmland soil different depth leaching nitrogen internet of things monitoring system, for solving the problem that the existing soil leaching nitrogen monitoring needs field sampling, laboratory analysis” and “network monitoring cloud platform and construction in farmland farming area”),
wherein the monitoring system (Nitrogen Networking Monitoring System With Different Depths) comprises
a cloud platform (fig. 2, cloud platform 3),
a monitoring station (fig. 2, monitoring station 4), and
a leachate collection module (collecting portion of sampling well 5),
wherein the cloud platform (fig. 2, cloud platform 3) is configured to
send information about a to-be-measured site (fig. 2, sampling well 5) and a to-be-measured depth (selectable soil depth of different soil depths under multiple different ground blocks) to the monitoring station (fig. 2, monitoring station 4) and
receive measurement information of the monitoring station (fig. 2, monitoring station 4); and
the monitoring station (fig. 2, monitoring station 4) is configured to
be connected to the leachate collection module (collecting portion of sampling well 5) located at the to-be-measured depth (selectable soil depth of different soil depths under multiple different ground blocks) of the to-be-measured site (fig. 2, sampling well 5),
extract a leachate collected by the leachate collection module (collecting portion of sampling well 5),
perform leachate nitrogen detection on the leachate, and
send a leachate nitrogen detection result to the cloud platform (fig. 2, cloud platform 3) (page 5, paragraph about middle of page “sampling well 5 for extracting nitrogen leaching liquid of different soil depths under multiple different ground blocks of the breeding combining area, at least two sampling wells 5 are connected with a monitoring station 4, namely, a monitoring station 4 can monitor the measuring data of multiple sampling wells”; page 4, third full paragraph “one monitoring station can be connected with a plurality of underground sampling well, obtaining leaching liquid of different soil depth”; page 7, second to last paragraph “liquid collector and a corresponding electromagnetic valve”; page 8, second full paragraph “liquid level sensor 54”; page 7 second full paragraph “washing”; page 5, paragraph about middle of page “plurality of monitoring stations 4 are respectively connected with the network monitoring cloud platform 3 through wireless communication or optical fibre communication, network monitoring cloud platform 3 can realize data monitoring and remote control of the plurality of monitoring stations 4. network monitoring cloud platform 3 connected with the intelligent mobile device 1, through intelligent mobile device 1 can realize remote control”; page 6, first full paragraph “monitoring station 4 comprises a microprocessor board 40, the microprocessor board 40 through the communication interface 42 are respectively connected with the network monitoring cloud platform 3 and sampling well 5”; last paragraph starting on page 5 “realizing the cloud storage of the monitoring data, automatic push of intelligent device subscription data, intelligent device query cloud storage of related data, cloud storage data statistics, analysis, calculating and authorized user remote operation function”).
Hu does not teach a monitoring robot that moves to the to-be-measured site.
Liu teaches a robot system (robotic portion shown in fig. 8; specific extraction apparatus & chemical sensor embodiment therefor shown in fig. 9; see fig. 1 for networked computing; additional obviousness provided for the specific combination) for monitoring farmland nitrogen (Title “FIELD MEASUREMENT OF SOIL ELEMENT CONCENTRATION”; Abstract “system for measuring soil element concentration in a field in real time”; [0032] “apparatus that can receive successive soil samples and measure the concentration level of a target soil element, such as nitrate or nitrogen, in each of the soil samples in real time”; [0033] “a real-time on-the-go (“OTG”) analytical method for directly measuring nitrate (nitrogen) in soils” and “OTG apparatus and method permits rapidly estimating the amount of soil nitrate (nitrogen) while moving across the field” and “system includes a moving vehicle to carry and transport the whole apparatus across the field, an automated soil probe for collecting a target sample from the field at a defined soil depth, a cartridge-like device with a specified volume of extractant solution(s), a selective chemical sensor for nitrate, nitrogen or other compounds or elements and for rapidly measuring the specific soil chemical nutrient, a GPS system for capturing the location to where the sample is taken, and a computer with control software for controlling sample collection, target analyte measured, storing the data, and calculating the amount of fertilizer application for the field being analyzed”),
wherein the robot system comprises
a cloud platform (fig. 1, agricultural intelligence computer system 130 with computer 108) ([0063] “cloud computing facility”),
a monitoring robot (fig. 8, mobile soil analysis system 800), and
a sample collection module (collection module comprising extraction apparatus 804 with probe 802; more specifically comprising modular embodiment of fig. 9) ([0136] “FIG. 9 illustrates an example extraction apparatus and chemical sensor. In an embodiment, the extraction apparatus may be implemented using a removable assembly, which alone or in combination with a chemical sensor may be termed a cartridge, that may fit into and be removed from the mobile soil analysis system 800 of FIG. 8. Using a removable, replaceable cartridge”; [0141] “a nitrate ISE can be used to measure the concentration of nitrate NO3- in aqueous samples”),
wherein the cloud platform (fig. 1, agricultural intelligence computer system 130 with computer 108) is configured to
send information about a to-be-measured site (predetermined location for collecting sample) and a to-be-measured depth (particular depth to collect sample) to the monitoring robot (fig. 8, mobile soil analysis system 800) and
receive measurement information of the monitoring robot (fig. 8, mobile soil analysis system 800) (see fig. 4 showing robot has communication interface 418); and
the monitoring robot (fig. 8, mobile soil analysis system 800) is configured to
move to the to-be-measured site (predetermined location for collecting sample) to be connected to the sample collection module (collection module comprising extraction apparatus 804 with probe 802; more specifically comprising modular embodiment of fig. 9) located at the to-be-measured depth (particular depth to collect sample) of the to-be-measured site (predetermined location for collecting sample),
extract a sample collected by the sample collection module (collection module comprising extraction apparatus 804 with probe 802; more specifically comprising modular embodiment of fig. 9),
perform nitrogen detection on the sample, and
send a nitrogen detection result to the cloud platform (fig. 1, agricultural intelligence computer system 130 with computer 108) ([0115] “Communication interface 418 provides a two-way data communication coupling to a network”; [0148] “can be in response to receiving an instruction from a remote user computer or a user action”; [0067] “The mobile application may provide client-side functionality, via the network”; [0060] “sending instructions to the mobile soil analysis system for performing real-time measurements of soil element concentration levels, receiving the soil measurements from the mobile soil analysis system, and sending results of analyzing the soil measurements with respect to the desired soil condition or production level to the user computer”; [0122] “the mobile soil analysis system is configured to collect soil samples at predetermined locations or times, such as following a predetermined route and making collections periodically”; [0124] “configured to collect a soil sample of a specific size at a particular depth of the field through a soil probe”; [0033] “a moving vehicle to carry and transport the whole apparatus across the field, an automated soil probe for collecting a target sample from the field at a defined soil depth, a cartridge-like device with a specified volume of extractant solution(s), a selective chemical sensor for nitrate, nitrogen or other compounds or elements and for rapidly measuring the specific soil chemical nutrient, a GPS system for capturing the location to where the sample is taken, and a computer with control software for controlling sample collection, target analyte measured, storing the data, and calculating the amount of fertilizer application for the field being analyzed”; [0035] “collecting a target sample from the field at a defined soil depth”; [0149] “processor is configured to cause a soil probe to collect a soil sample. The processor can control the depth of probing, such as 6-12 inches, the amount of soil collected”; [0032] “measure the concentration level of a target soil element, such as nitrate or nitrogen, in each of the soil samples in real time”; [0033] “directly measuring nitrate (nitrogen)” and “selective sensor for measuring the target chemicals nutrients (i.e., nitrate/nitrogen)” and “detected amounts of nitrate/nitrogen” and “estimating the amount of soil nitrate (nitrogen)”; [0146] “create a nitrate map for the field indicating the nitrate concentration level for each unit of the field. The processor can also receive additional data indicating various factors affecting the health of the field, such as weather reports, fertilization histories, target yield amounts, moisture indicators, or pollutant updates, and generate actionable recommendations”; [0134] “waste disposal mechanism for disposing of waste material generated by the extraction apparatus”). The Examiner notes with respect to the above teachings being shown in different figures, that while the reference does not expressly show all of the above claimed features clearly in a single depicted embodiment as a single figure, either one of ordinary skill in the art would at once envisaged the
combination from the generic teachings thereof and/or specific possible choices of the structural components
thereof, or, in the alternative, it at least would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to nevertheless so combine the above features for the
purpose and combinations as proposed by said reference and as analyzed by the Examiner
including the citations and/or Examiner comments provided above in reference to the claimed features.
Pertinently, the Examiner further notes that "Combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness", see Boston Scientific Scimed, Inc. v. Cordis Corp., 554 F.3d 982, 991 (Fed. Cir. 2009). More particularly, it is Examiner’s position that it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to combine Liu’s (aqueous) extraction apparatus & chemical sensor (fig. 9) with Liu’s mobile soil analysis system (fig. 8) for the explicit modularity advantages further inclusive of being selectively able to perform aqueous nitrate analysis for provided liquid samples while being able to be conveniently mobile to move between locations for collection & analysis, and it further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s mobile analysis system (fig. 8) with Liu’s networking computing system (fig. 1) for the expected advantages of combining the aforementioned mobility with convenient ability to control via cloud platforming thereby allowing remote control. It is further the Examiner's position that the aforementioned combination was intended to be at once so envisaged by an ordinary artisan (see text citations that explain the combination of the various shown figures). The Examiner acknowledges however that while Liu teaches nitrogen sensing—including even from aqueous samples—Liu is silent to specifically sampling at such depths as below the roots in order for the samples to be considered leaching samples.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s cloud networkable mobile robotic system for (aqueous) farmland nitrogen analysis with Hu’s cloud networked stationary farmland soil different depth leaching nitrogen monitoring for the expected advantage of providing a mobile robot to be substituted for a plurality of Hu’s stationary monitoring stations thereby reducing hardware costs (especially where Hu’s system was scaled up to a larger number of monitoring stations) and also simplifying networking. Complimentarily, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hu’s sampling wells for nitrogen leaching with Liu’s robotic system for the expected advantage of providing aqueous samples of nitrogen leaching to Liu’s robotic system thereby providing increased depth (notably leaching depth being below the root zone) with increased depth accuracy/precision and without soil disturbance. The Examiner additionally notes that the Courts have ruled an obviousness analysis based on the collective teachings of the references does not depend on the order in which the references are listed in the statement of the rejection. See In re Bush, 296 F.2d 491, 496 (CCPA 1961): “In a case of this type where a rejection is predicated on two references each containing pertinent disclosure which has been pointed out to the applicant, we deem it to be of no significance, but merely a matter of exposition, that the rejection is stated to be on A in view of B instead of on B in view of A, or to term one reference primary and the other secondary.”
Regarding claim 2, which depends on claim 1,
Hu teaches wherein there are a plurality of to-be-measured sites (fig. 3, sampling wells 5), and each to-be-measured site (fig. 2, sampling well 5) comprises one or more to-be-measured depths (selectable different soil depths under multiple different ground blocks) (page 5, paragraph before middle of page “at least two sampling wells 5 are connected with a monitoring station 4, namely, a monitoring station 4 can monitor the measuring data of multiple sampling wells”; page 5, paragraph about middle of page “sampling well 5 for extracting nitrogen leaching liquid of different soil depths”);
the cloud platform (fig. 2, cloud platform 3) comprises a planning unit (planning portion of cloud platform 3),
and the planning unit (planning portion of cloud platform 3) plans a detection by the monitoring station (fig. 2, monitoring station 4) according to a relationship among the plurality of to-be-measured sites (fig. 3, sampling wells 5) and a quantity of to-be-measured depths (selectable different soil depths under multiple different ground blocks) of each to-be-measured site (fig. 2, sampling well 5),
and sends the detection plan to the monitoring station (fig. 2, monitoring station 4); and
the monitoring station (fig. 2, monitoring station 4) receives the detection plan,
and sequentially performs leachate nitrogen detection at each to-be-measured site (fig. 2, sampling well 5) and each to-be-measured depth (selectable soil depth of different soil depths under multiple different ground blocks) according to the detection plan (last paragraph starting on page 5 “realizing the cloud storage of the monitoring data, automatic push of intelligent device subscription data, intelligent device query cloud storage of related data, cloud storage data statistics, analysis, calculating and authorized user remote operation function”; page 5 paragraph about middle of page “network monitoring cloud platform 3 can realize data monitoring and remote control of the plurality of monitoring stations 4” and “network monitoring cloud platform 3 connected with the intelligent mobile device 1, through intelligent mobile device 1 can realize remote control”; page 6, first full paragraph “monitoring station 4 comprises a microprocessor board 40, the microprocessor board 40 through the communication interface 42 are respectively connected with the network monitoring cloud platform 3 and sampling well 5”; page 7, second to last paragraph “liquid collector and a corresponding electromagnetic valve”; middle paragraph of page 6 “multi-channel rotary valve component” and “solenoid valve component”; page 7 second d to last paragraph, “sampling well 5 is installed with a sampling control device”).
Hu does not teach wherein the cloud platform comprises a path planning unit, and the path planning unit plans a detection moving track of the monitoring robot according to a position relationship among the plurality of to-be-measured sites and a quantity of to-be-measured depths of each to-be-measured site, and sends the detection moving track to the monitoring robot; and the monitoring robot receives the detection moving track.
Liu teaches wherein there are a plurality of to-be-measured sites (predetermined locations for collecting samples), and each to-be-measured site (predetermined location for collecting sample) comprises one or more to-be-measured depth (particular depth to collect sample)s ([0136] “set of multiple soil samples from multiple points” and “set of multiple samples is to be collected” and “taking multiple successive in-field samples”); the cloud platform (fig. 1, agricultural intelligence computer system 130 with computer 108) comprises a path planning unit (path planning portion of cloud computer), and the path planning unit (path planning portion of cloud computer) plans a detection moving track of the monitoring robot (fig. 8, mobile soil analysis system 800) according to a position relationship among the plurality of to-be-measured sites (predetermined locations for collecting samples) and a quantity of to-be-measured depths (particular depths to collect sample) of each to-be-measured site (predetermined location for collecting sample), and sends the detection moving track to the monitoring robot (fig. 8, mobile soil analysis system 800); and the monitoring robot (fig. 8, mobile soil analysis system 800) receives the detection moving track, and sequentially performs nitrogen detection at each to-be-measured site (predetermined location for collecting sample) and each to-be-measured depth (particular depth to collect sample) according to the detection moving track (see citations provided for independent claim).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s cloud networkable mobile robotic system for (aqueous) farmland nitrogen analysis with Hu’s cloud networked stationary farmland soil different depth leaching nitrogen monitoring for the same combinations and motivations provided for the independent claim.
Regarding claim 3, which depends on claim 1,
Hu teaches wherein
the leachate collection module (collecting portion of sampling well 5) is provided at the to-be-measured depth (selectable soil depth of different soil depths under multiple different ground blocks) of the to-be-measured site (fig. 2, sampling well 5), and
the leachate collection module (collecting portion of sampling well 5) comprises
a leachate collection system (liquid collector),
an electromagnetic valve module (electromagnetic valve),
a transmission branch pipeline (connecting pipeline), and
a wireless communication module (fig. 7, communication module 55); and
the leachate collection system (liquid collector) is configured to collect a leachate at the to-be-measured depth (selectable soil depth of different soil depths under multiple different ground blocks) of the to-be-measured site (fig. 2, sampling well 5),
the electromagnetic valve module (electromagnetic valve) is connected to the leachate collection system (liquid collector) and the transmission branch pipeline (connecting pipeline), and
the wireless communication module (fig. 7, communication module 55) is
connected to the electromagnetic valve module (electromagnetic valve) and is connected to a wireless base station module (fig. 6, communication interface 42 with wireless communication module 422) of the monitoring station (fig. 2, monitoring station 4) in a wireless communication manner and
is configured to open or close the electromagnetic valve module (electromagnetic valve) according to an instruction sent by the wireless base station module fig. 6, communication interface 42 with wireless communication module 422) (page 7 second to last paragraph “sampling component 57 for extracting nitrogen leaching liquid from the soil, comprising a connecting pipeline, a negative pressure pump, a liquid collector and a corresponding electromagnetic valve. sampling component 57 is connected with the clay pipe in the sampling well”).
Hu does not teach item 1) a monitoring robot. Hu (and Liu) are silent to item 2) utilizing Zigbee®.
Liu teaches a monitoring robot comprising a wireless base station module of the monitoring robot (fig. 8, mobile soil analysis system 800) able to communicate in a wireless manner ([0046] “communication networks including local area networks, wide area networks, internetworks or internets, using any of wireline or wireless links” and “elements of the system each comprise an interface compatible with the network(s) 109 and are programmed or configured to use standardized protocols for communication across the networks such as TCP/IP, Bluetooth, CAN protocol and higher-layer protocols such as HTTP, TLS, and the like”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s cloud networkable mobile robotic system for (aqueous) farmland nitrogen analysis with Hu’s cloud networked stationary farmland soil different depth leaching nitrogen monitoring for the same combinations and motivations provided for the independent claim. The Examiner notes in particular that the combination suggests that the wireless communication functions from Liu’s (stationary) monitoring station to Liu’s leachate collection sampling wells would be performed by Hu’s (mobile) wirelessly communicating monitoring robots.
Regarding item 2), the Examiner takes Official Notice that Zigbee a routinely utilized commercially available networking standard.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the well-known and commercially available Zigbee® with the onsite collection and mobile modules and communication therebetween of the aforementioned combination of Liu & Hu for the expected advantages of commercial availability, well documented parameters, reliability, low power consumption, scalability, and/or cost effectiveness.
Regarding claim 5, which depends on claim 1,
Hu does not teach the monitoring robot, including wherein the monitoring robot comprises a movable module, the movable module comprises a navigation module, a movable carrier, and a movable carrier driving unit, the navigation module is configured to obtain a position of the monitoring robot, the movable carrier comprises a wheel-type movable platform and a motor, and the movable carrier driving unit is configured to control a traveling direction and distance of the movable carrier.
Liu teaches wherein the monitoring robot (fig. 8, mobile soil analysis system 800) comprises a movable module ([0131] “component 814 for providing mobility. The mobility component 814 can be a vehicle that is capable of moving while carrying one or more other components of the mobile soil analysis system 800. The vehicle can travel on the ground, such as a planter or an all-terrain vehicle (“ATV”), or in the air, such as an UAV. The vehicle can be operated via a motor”), the movable module comprises a navigation module (navigation portion of processor 812 with location sensor 816), a movable carrier (carrier portion of mobile soil analysis system 800), and a movable carrier driving unit (driving unit of mobile soil analysis system 800), the navigation module is configured to obtain a position of the monitoring robot (fig. 8, mobile soil analysis system 800), the movable carrier comprises a wheel-type movable platform (mobility component 814 comprising wheels) and a motor (not shown; motor), and the movable carrier driving unit (driving unit of mobile soil analysis system 800) is configured to control a traveling direction and distance of the movable carrier (carrier portion of mobile soil analysis system 800) ([0032] “a mobility component that allows the system to be applied across a field” and “the system travels, and a location sensor”; [0121] “the mobile soil analysis system can travel through a field”; [0122] “samples at predetermined locations or times, such as following a predetermined route and making collections periodically”; [0133] “moving over a defined travel distance”; [0136] “operate as an on-the-go soil sampling system capable of taking multiple successive in-field samples while travelling”; [0149] “travels in the field”; [0070]-[0075], [0079] “maps” or “map”; see also citations provided for independent claim).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s cloud networkable mobile robotic system for (aqueous) farmland nitrogen analysis with Hu’s cloud networked stationary farmland soil different depth leaching nitrogen monitoring for the same combinations and motivations provided for the independent claim.
Regarding claim 6, which depends on claim 1,
Hu teaches wherein the monitoring station (fig. 2, monitoring station 4) comprises an environment sensing module (fig. 6, microprocessor board 40 with photoelectric detection module 45 and environment parameter measuring unit 48),
the environment sensing module comprises
a temperature and humidity sensor (temperature and humidity sensor),
a wind sensor (wind speed; see additional obviousness analysis for wind direction),
a rainfall sensor (rainfall), and
a light intensity sensor (photoelectric detection module 45), and
the monitoring robot sends information about a temperature, humidity, wind, a rainfall, and light intensity collected by the environment sensing module to the cloud platform (fig. 2, cloud platform 3) together with the leachate nitrogen detection result (page 6, middle paragraph “microprocessor board 40 through the environment parameter measuring unit 48 real-time monitoring environment monitoring parameter, timing uploading to the network monitoring cloud platform 3 of data storage service module 31 for storing, for intelligent mobile device 1 query if the environment parameter exceeds the environment parameter value stored by the microprocessor board 40, starting the environment parameter control unit 49 to control the environment parameter in the set parameter range. environment parameter measuring unit 48 comprises a monitoring station 4 outside of the small weather station (monitoring atmospheric temperature and humidity, wind speed, rainfall and other weather parameters) and set in the monitoring station 4 of the temperature and humidity sensor, a smoke sensor, fire alarm device, recording weather information near the monitoring station, and temperature and humidity in the monitoring station and smoke, fire and other abnormal information” and “leaching solution quantification”; page 7 about middle of page “real-time monitoring environment parameter measuring unit 48 environment monitoring parameter, timing uploading to the networked monitoring cloud platform 3 for storage, for intelligent device query”).
Hu does not teach item 1) wherein the monitoring station is instead a monitoring robot having the aforementioned claimed sensing related features. While Hu teaches a wind sensor, Hu is silent to item 2) measuring wind direction.
Regarding items 1) & 2), Liu teaches wherein the monitoring robot (fig. 8, mobile soil analysis system 800) comprises an environment sensing module, the environment sensing module comprises a temperature and humidity sensor (weather conditions of temperature and relative humidity), a wind direction sensor (wind velocity), a rainfall sensor (rain gauge, precipitation, rainfall rate), and a light intensity sensor (visibility, clouds, imagery data including light spectrum information), and the monitoring robot (fig. 8, mobile soil analysis system 800) sends information about a temperature, humidity, a wind direction, a rainfall, and light intensity collected by the environment sensing module to the cloud platform (fig. 1, agricultural intelligence computer system 130 with computer 108) together with the nitrogen detection result ([0059] “in FIG. 8, which can comprise one or more of the agricultural apparatus 111, the application controller 114, and the remote sensor 112”; [0044] “An agricultural apparatus 111 may have one or more remote sensors 112 fixed thereon, which sensors are communicatively coupled either directly or indirectly via agricultural apparatus 111 to the agricultural intelligence computer system 130 and are programmed or configured to send sensor data to agricultural intelligence computer system 130” and “Sensor data may consist of the same type of information as field data 106”; [0095] “sensors 112 and controllers 114 may comprise weather devices for monitoring weather conditions of fields. For example, the apparatus disclosed in U.S. Provisional Application No. 62/154,207, filed on Apr. 29, 2015, U.S. Provisional Application No. 62/175,160, filed on Jun. 12, 2015, U.S. Provisional Application No. 62/198,060, filed on Jul. 28, 2015, and U.S. Provisional Application No. 62/220,852, filed on Sep. 18, 2015, may be used, and the present disclosure assumes knowledge of those patent disclosures”; [0098] “rain gauge or sensor providing weather data”; [0042] “Examples of field data 106 include…(h) weather data (for example, precipitation, rainfall rate, predicted rainfall, water runoff rate region, temperature, wind, forecast, pressure, visibility, clouds, heat index, dew point, humidity, snow depth, air quality, sunrise, sunset), (i) imagery data (for example, imagery and light spectrum information from an agricultural apparatus sensor, camera, computer, smartphone, tablet, unmanned aerial vehicle, planes or satellite), (j) scouting observations (photos, videos, free form notes, voice recordings, voice transcriptions, weather conditions (temperature, precipitation (current and over time), soil moisture, crop growth stage, wind velocity, relative humidity, dew point, black layer)), and (k) soil, seed, crop phenology, pest and disease reporting, and predictions sources and databases”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s cloud networkable mobile robotic system for (aqueous) farmland nitrogen analysis with Hu’s cloud networked stationary farmland soil different depth leaching nitrogen monitoring for the same combinations and motivations provided for the independent claim, the Examiner additionally noting it further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the combination the sensors of each for the advantages of providing fuller environmental information (exemplary noting: providing the wind velocity instead of just the wind speed provides therewith the wind direction exemplary useful for knowing directions of cloud movement and/or for spray applications; temperature & humidity are inherently linked and useful as a single sensor for farmland determinations including for impact of leachate; amount of sunlight is useful for farmland determinations including modeling photosynthesis and fertilizer application needs; amount of rain is useful for modeling the leaching and runoff and any necessary management of application of nitrogen).
Regarding independent claim 9,
Hu teaches a method for monitoring farmland nitrogen leaching (Title “Nitrogen Networking Monitoring System With Different Depths Of Farmland Soil”; Abstract “farmland soil different depth leaching nitrogen internet of things monitoring system, for solving the problem that the existing soil leaching nitrogen monitoring needs field sampling, laboratory analysis” and “network monitoring cloud platform and construction in farmland farming area”), comprising the following steps:
A:
sending, by a cloud platform (fig. 2, cloud platform 3), information about a to-be-measured site (fig. 2, sampling well 5) and a to-be-measured depth (selectable soil depth of different soil depths under multiple different ground blocks) to a monitoring station (fig. 2, monitoring station 4); and
B:
connecting, by the monitoring station (fig. 2, monitoring station 4), to the to-be-measured site (fig. 2, sampling well 5) leachate collection module (collecting portion of sampling well 5) at the to-be-measured depth (selectable soil depth of different soil depths under multiple different ground blocks) of the to-be-measured site (fig. 2, sampling well 5),
extracting a leachate of the leachate collection module (collecting portion of sampling well 5), performing leachate nitrogen detection on the leachate, and
sending a leachate nitrogen detection result to the cloud platform (fig. 2, cloud platform 3) (page 5, paragraph about middle of page “sampling well 5 for extracting nitrogen leaching liquid of different soil depths under multiple different ground blocks of the breeding combining area, at least two sampling wells 5 are connected with a monitoring station 4, namely, a monitoring station 4 can monitor the measuring data of multiple sampling wells”; page 4, third full paragraph “one monitoring station can be connected with a plurality of underground sampling well, obtaining leaching liquid of different soil depth”; page 7, second to last paragraph “liquid collector and a corresponding electromagnetic valve”; page 7 second full paragraph “washing”; page 5, paragraph about middle of page “plurality of monitoring stations 4 are respectively connected with the network monitoring cloud platform 3 through wireless communication or optical fibre communication, network monitoring cloud platform 3 can realize data monitoring and remote control of the plurality of monitoring stations 4. network monitoring cloud platform 3 connected with the intelligent mobile device 1, through intelligent mobile device 1 can realize remote control”; page 6, first full paragraph “monitoring station 4 comprises a microprocessor board 40, the microprocessor board 40 through the communication interface 42 are respectively connected with the network monitoring cloud platform 3 and sampling well 5”; last paragraph starting on page 5 “realizing the cloud storage of the monitoring data, automatic push of intelligent device subscription data, intelligent device query cloud storage of related data, cloud storage data statistics, analysis, calculating and authorized user remote operation function”).
Hu does not teach a monitoring robot that moves to the to-be-measured site.
Liu teaches a robot system (robotic portion shown in fig. 8; specific extraction apparatus & chemical sensor embodiment therefor shown in fig. 9; see fig. 1 for networked computing; additional obviousness provided for the specific combination) and associated method for monitoring farmland nitrogen (Title “FIELD MEASUREMENT OF SOIL ELEMENT CONCENTRATION”; Abstract “system for measuring soil element concentration in a field in real time”; [0032] “apparatus that can receive successive soil samples and measure the concentration level of a target soil element, such as nitrate or nitrogen, in each of the soil samples in real time”; [0033] “a real-time on-the-go (“OTG”) analytical method for directly measuring nitrate (nitrogen) in soils” and “OTG apparatus and method permits rapidly estimating the amount of soil nitrate (nitrogen) while moving across the field” and “system includes a moving vehicle to carry and transport the whole apparatus across the field, an automated soil probe for collecting a target sample from the field at a defined soil depth, a cartridge-like device with a specified volume of extractant solution(s), a selective chemical sensor for nitrate, nitrogen or other compounds or elements and for rapidly measuring the specific soil chemical nutrient, a GPS system for capturing the location to where the sample is taken, and a computer with control software for controlling sample collection, target analyte measured, storing the data, and calculating the amount of fertilizer application for the field being analyzed”), wherein the robot system comprises a cloud platform (fig. 1, agricultural intelligence computer system 130 with computer 108) ([0063] “cloud computing facility”), a monitoring robot (fig. 8, mobile soil analysis system 800), and a sample collection module (collection module comprising extraction apparatus 804 with probe 802; more specifically comprising modular embodiment of fig. 9) ([0136] “FIG. 9 illustrates an example extraction apparatus and chemical sensor. In an embodiment, the extraction apparatus may be implemented using a removable assembly, which alone or in combination with a chemical sensor may be termed a cartridge, that may fit into and be removed from the mobile soil analysis system 800 of FIG. 8. Using a removable, replaceable cartridge”; [0141] “a nitrate ISE can be used to measure the concentration of nitrate NO3- in aqueous samples”), wherein the cloud platform (fig. 1, agricultural intelligence computer system 130 with computer 108) is configured to send information about a to-be-measured site (predetermined location for collecting sample) and a to-be-measured depth (particular depth to collect sample) to the monitoring robot (fig. 8, mobile soil analysis system 800) and receive measurement information of the monitoring robot (fig. 8, mobile soil analysis system 800) (see fig. 4 showing robot has communication interface 418); and the monitoring robot (fig. 8, mobile soil analysis system 800) is configured to move to the to-be-measured site (predetermined location for collecting sample) to be connected to the sample collection module (collection module comprising extraction apparatus 804 with probe 802; more specifically comprising modular embodiment of fig. 9) located at the to-be-measured depth (particular depth to collect sample) of the to-be-measured site (predetermined location for collecting sample), extract a sample collected by the sample collection module (collection module comprising extraction apparatus 804 with probe 802; more specifically comprising modular embodiment of fig. 9), perform nitrogen detection on the sample, and send a nitrogen detection result to the cloud platform (fig. 1, agricultural intelligence computer system 130 with computer 108) ([0115] “Communication interface 418 provides a two-way data communication coupling to a network”; [0148] “can be in response to receiving an instruction from a remote user computer or a user action”; [0067] “The mobile application may provide client-side functionality, via the network”; [0060] “sending instructions to the mobile soil analysis system for performing real-time measurements of soil element concentration levels, receiving the soil measurements from the mobile soil analysis system, and sending results of analyzing the soil measurements with respect to the desired soil condition or production level to the user computer”; [0122] “the mobile soil analysis system is configured to collect soil samples at predetermined locations or times, such as following a predetermined route and making collections periodically”; [0124] “configured to collect a soil sample of a specific size at a particular depth of the field through a soil probe”; [0033] “a moving vehicle to carry and transport the whole apparatus across the field, an automated soil probe for collecting a target sample from the field at a defined soil depth, a cartridge-like device with a specified volume of extractant solution(s), a selective chemical sensor for nitrate, nitrogen or other compounds or elements and for rapidly measuring the specific soil chemical nutrient, a GPS system for capturing the location to where the sample is taken, and a computer with control software for controlling sample collection, target analyte measured, storing the data, and calculating the amount of fertilizer application for the field being analyzed”; [0035] “collecting a target sample from the field at a defined soil depth”; [0149] “processor is configured to cause a soil probe to collect a soil sample. The processor can control the depth of probing, such as 6-12 inches, the amount of soil collected”; [0032] “measure the concentration level of a target soil element, such as nitrate or nitrogen, in each of the soil samples in real time”; [0033] “directly measuring nitrate (nitrogen)” and “selective sensor for measuring the target chemicals nutrients (i.e., nitrate/nitrogen)” and “detected amounts of nitrate/nitrogen” and “estimating the amount of soil nitrate (nitrogen)”; [0146] “create a nitrate map for the field indicating the nitrate concentration level for each unit of the field. The processor can also receive additional data indicating various factors affecting the health of the field, such as weather reports, fertilization histories, target yield amounts, moisture indicators, or pollutant updates, and generate actionable recommendations”; [0134] “waste disposal mechanism for disposing of waste material generated by the extraction apparatus”). The Examiner notes with respect to the above teachings being shown in different figures, that while the reference does not expressly show all of the above claimed features clearly in a single depicted embodiment as a single figure, either one of ordinary skill in the art would at once envisaged the
combination from the generic teachings thereof and/or specific possible choices of the structural components
thereof, or, in the alternative, it at least would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to nevertheless so combine the above features for the
purpose and combinations as proposed by said reference and as analyzed by the Examiner
including the citations and/or Examiner comments provided above in reference to the claimed features.
Pertinently, the Examiner further notes that "Combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness", see Boston Scientific Scimed, Inc. v. Cordis Corp., 554 F.3d 982, 991 (Fed. Cir. 2009). More particularly, it is Examiner’s position that it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to combine Liu’s (aqueous) extraction apparatus & chemical sensor (fig. 9) with Liu’s mobile soil analysis system (fig. 8) for the explicit modularity advantages further inclusive of being selectively able to perform aqueous nitrate analysis for provided liquid samples while being able to be conveniently mobile to move between locations for collection & analysis, and it further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s mobile analysis system (fig. 8) with Liu’s networking computing system (fig. 1) for the expected advantages of combining the aforementioned mobility with convenient ability to control via cloud platforming thereby allowing remote control. It is further the Examiner's position that the aforementioned combination was intended to be at once so envisaged by an ordinary artisan (see text citations that explain the combination of the various shown figures). The Examiner acknowledges however that while Liu teaches nitrogen sensing—including even from aqueous samples—Liu is silent to specifically sampling at such depths as below the roots in order for the samples to be considered leaching samples.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s cloud networkable mobile robotic system and associated method for (aqueous) farmland nitrogen analysis with Hu’s cloud networked stationary farmland soil different depth leaching nitrogen monitoring system and associated method for the expected advantage of providing a mobile robot to be substituted for a plurality of Hu’s stationary monitoring stations thereby reducing hardware costs (especially where Hu’s system was scaled up to a larger number of monitoring stations) and also simplifying networking. Complimentarily, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hu’s sampling wells for nitrogen leaching and associated method with Liu’s robotic system and associated method for the expected advantage of providing aqueous samples of nitrogen leaching to Liu’s robotic system thereby providing increased depth (notably leaching depth being below the root zone) with increased depth accuracy/precision and without soil disturbance. The Examiner additionally notes that the Courts have ruled an obviousness analysis based on the collective teachings of the references does not depend on the order in which the references are listed in the statement of the rejection. See In re Bush, 296 F.2d 491, 496 (CCPA 1961): “In a case of this type where a rejection is predicated on two references each containing pertinent disclosure which has been pointed out to the applicant, we deem it to be of no significance, but merely a matter of exposition, that the rejection is stated to be on A in view of B instead of on B in view of A, or to term one reference primary and the other secondary.”
Allowable Subject Matter
Claim(s) 4, 7-8, and 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
None of the prior art of record appears to read on the aforementioned claimed invention as understood by the Examiner and the subject matter of the claims appears to be allowable if the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112, second paragraph, can be overcome. However, upon Applicant’s amendment to overcome the rejections and objections raised by the Examiner and upon the Examiner’s better understanding of the invention a comparison of the prior art to the claims will again be made.
Regarding each of dependent claims 4, 7, and 10,
when this application is finally acted upon and allowed (i.e., the Notice of Allowance), the Examiner will determine, at the same time, whether the reasons why the application is being allowed are sufficiently evident from the record; see MPEP § 1302.14(I). For now, the Examiner preliminary notes that to meet the claim limitations requires using the invention as a roadmap to find prior art and then further as a blueprint to reconstruct the claimed invention as a whole therefrom requiring more than ordinary skill and knowledge in the art at the time the invention was filed to hindsightly so recreate. See Princeton Biochemicals, Inc. v. Coulter, Inc., 411 F.3d 1332, 1337 (Fed. Cir. 2005), Allergan, Inc. v. Apotex, Inc., 754 F.3d 952 (Fed. Cir. 2014), and Grain Processing Corp. v. American Maize-Prods. Co., 840 F.2d 902, 907 (Fed. Cir. 1988).
Further dependent claims thereof are likewise indicated as conditionally allowable.
Note that this indication of allowable subject matter is based upon the features which are presently found in the claims. In overcoming the above rejections, should applicants choose to delete features which are presently in the claims, this indication of allowable subject matter may no longer apply. The Examiner therefore suggests that applicants overcome the above rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph by amending the claims to replace the indefinite language with claim language which precisely and particularly defines the invention. Deleting features which are presently in the claims broadens the scope of the claims and thus may render the indication of allowable subject matter no longer applicable. The Examiner notes that in this particular instance, the Examiner is respectfully requesting that Applicant broaden the trade term/mark Zigbee® to the generic terminology corresponding thereto.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Applicant is invited to review PTO form 892 accompanying this Office Action listing Prior Art relevant to the instant invention cited by the Examiner.
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Any inquiry concerning this communication or earlier communications from the Examiner should be directed to DAVID L SINGER whose telephone number is 303-297-4317. The Examiner can normally be reached Monday - Friday 8:00 am - 6:00pm CT, EXCEPT alternating Friday.
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/DAVID L SINGER/Primary Examiner, Art Unit 2855 28NOV2025