Prosecution Insights
Last updated: August 14, 2026
Application No. 18/636,140

METHOD AND SYSTEM FOR DETERMINING MATERIAL CONTENT

Non-Final OA §102§103
Filed
Apr 15, 2024
Priority
Apr 19, 2023 — provisional 63/497,179
Examiner
SOROWAR, GOLAM
Art Unit
2641
Tech Center
2600 — Communications
Assignee
Oregon State University
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
727 granted / 895 resolved
+19.2% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
49 currently pending
Career history
940
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
55.8%
+15.8% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 895 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Election/Restrictions Applicant's election with traverse of Group I in the reply filed on 07/15/2026 is acknowledged. Applicant argues that the apparatus claims and the method claims are directed to the same wireless sensor system and that examining both groups would not create a serious search or examination burden. Applicant's arguments have been considered but are not persuasive. Groups I and II are related as an apparatus and a method of using the apparatus. Under MPEP § 806.05(h), an apparatus and a method of using the apparatus are distinct when the apparatus can be used in a materially different method. Only one example of a materially different use is required. Claims 1 and 13 require an interrogator transceiver, a wireless sensor node, and a processor that correlates the measured power level of a received signal to the composition of a medium. However, these claims do not require converting the first wireless signal into the second wireless signal within the wireless sensor node, determining attenuation of the second wireless signal, or correlating the determined attenuation to the content of a dielectric material. These additional steps are required by method claim 21. For example, the apparatus of claims 1 and 13 could be used with a wireless sensor node that generates the second wireless signal using an active transmitter or oscillator. In that use, the first wireless signal would not be converted into the second wireless signal as required by claim 21. The processor could also directly compare the measured power level with stored calibration data to determine the composition of the medium without separately determining attenuation and correlating the attenuation to dielectric-material content This would be a materially different method from the method recited in claim 21. Applicant's argument that the claims share the same interrogator transceiver, sensor node, dielectric medium, and power measurement does not show that the inventions are not distinct. The inventions may use some of the same components, but the apparatus claims do not require all the steps recited in the method claims. The fact that the specification describes the apparatus and method as parts of the same sensing system does not make the claims indistinct. Applicant's argument concerning the search burden is also not persuasive. Although the claims contain some common features, the two groups require different searches. The search for Group I is directed mainly to the structure and arrangement of the sensor system, including portable interrogator transceivers, passive sensor nodes, sensor enclosures, antennas, frequency-multiplier circuits, DC-bias circuits, diodes, conversion gain, mobile or rail-mounted interrogators, placement of sensor nodes in railroad ballast, and the depth of the sensor nodes below the ballast surface. The search for Group II must also address specific method steps, including converting one wireless signal into another wireless signal, determining signal attenuation, comparing measured power with a reference power, determining a loss tangent, and using the loss tangent or attenuation to determine moisture content. A search directed to the structure and circuitry of the apparatus would not necessarily locate prior art directed to these signal-processing and material-analysis steps. Likewise, a search directed to attenuation calculations and moisture-determination methods would not necessarily locate prior art directed to the specific circuitry, enclosure, and physical placement required by the apparatus claims. Accordingly, the two groups require different search strategies and search terms and would create a serious search and examination burden. Applicant's traversal is therefore not persuasive. The restriction requirement between Group I, claims 1-20, and Group II, claims 21-26, is maintained and made FINAL. Claim Rejections - 35 USC § 102 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. Claim 1, 2 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carr (US 20170248533, hereinafter “Carr”). Regarding claim 1, Carr discloses, A sensor (FIG. 5 depicts a system 500 for remote measurement of both real and imaginary components of the impedance of a material in accordance with a first illustrative embodiment of the present invention. In this embodiment, transponder 520 is embedded in material 510, [0065]), comprising: an interrogator transceiver (Fig. 5; 540), wherein the interrogator transceiver is operable to transmit a first wireless signal at a first RF frequency ( the system comprises interrogator 540 which is capable of transmitting RF signal 555 [0065]) and to receive a second wireless signal at a second RF frequency (RF signal 565 is received by interrogator 540 through antenna 560 and receiver 543. The receiver is capable of measuring the signal strength of RF signal 565, as received by interrogator 540 [0068]); a wireless sensor node embedded within a medium (transponder 520 is embedded in material 510 [0065]) comprising one or more dielectric materials (permeability and conductivity do not play a role, and there is a simple, one-to-one relationship between the impedance of the material and the material's permittivity, such that measuring the permittivity and measuring the impedance of the material are equivalent. That is why impedance spectroscopy is also often referred to as dielectric spectroscopy, wherein the adjective “dielectric” refers to the permittivity…. the present invention comprise a transponder embedded in the material to be tested. The transponder comprises a resonant antenna coupled to the material such that the response of the antenna is affected by the material [0028]-[0030]), wherein the wireless sensor node is interrogatable by the interrogator transceiver (Fig. 5 illustrates system 500 for remote measurement of both real and imaginary components of the impedance of a martials), wherein the wireless sensor node is operable to receive the first wireless signal at the first RF frequency from the interrogator transceiver and to transmit the second wireless signal at the second RF frequency to the interrogator transceiver ((RF signal 555 propagates through the free space that separates interrogator 540 from material 510, and then further propagates through material 510 itself, to reach resonant antenna 530, which is part of transponder 520 and is coupled to the transponder's circuitry….RF signal 565 is received by interrogator 540 through antenna 560 and receiver 543. The receiver is capable of measuring the signal strength of RF signal 565, as received by interrogator 540. The measured signal strength is provided to impedance calculator 544, which also has access to the frequency of RF signal 555 as generated by multiple frequency generator 541 [0066]-[0070])); and a processor coupled to a circuit within the interrogator transceiver (impedance calculator 544, which correspondence to the claimed processor and receiver 543, which correspondence to claimed circuit) wherein the circuit is operable to measure a power level of a received signal ( RF signal 565 is received by interrogator 540 through antenna 560 and receiver 543. The receiver is capable of measuring the signal strength of RF signal 565, as received by interrogator 540. The measured signal strength is provided to impedance calculator 544, which also has access to the frequency of RF signal 555 as generated by multiple frequency generator 541 [0068]), and wherein the processor is operable to correlate the power level of the received signal to a composition of the medium ( Impedance calculator 544 calculates the values of the real part and the imaginary part of the impedance of material 510 based on the measured received signal strength, on the frequency of RF signal 555, and on known parameters of resonant antenna 530, transponder 520 and the material itself [0069]; the farmer might dig a hole to embed a transponder in the soil. As part of digging the hole, the farmer can collect a sample of the soil and measure the moisture content directly. With such knowledge of the current moisture content, the farmer can now perform a reference measurement of signal strength from the transponder. Signal strength from future measurements can thus be associated with changes in moisture content [0045] ), and wherein the received signal is the second wireless signal RF signal 565 is received by interrogator 540 through antenna 560 and receiver 543. The receiver is capable of measuring the signal strength of RF signal 565, as received by interrogator 540. The measured signal strength is provided to impedance calculator 544, which also has access to the frequency of RF signal 555 as generated by multiple frequency generator 541 [0066]-[0068]. Regarding claim 2, Carr discloses, wherein the interrogator transceiver is portable ( a drone-mounted interrogator, when examining a structure such as a bridge, is that the drone can carry the interrogator very close to the transponders [0044]-[0045]) Regarding claim 13, Carr discloses, A wireless sensor network (FIG. 5 depicts a system 500 for remote measurement of both real and imaginary components of the impedance of a material in accordance with a first illustrative embodiment of the present invention. In this embodiment, transponder 520 is embedded in material 510, [0065], also see Fig. 8), comprising: one or more interrogator transceivers (Fig. 5; 540), wherein the one or more interrogator transceivers is operable to transmit a first wireless signal at a first RF frequency ( the system comprises interrogator 540 which is capable of transmitting RF signal 555 [0065]) and to receive a second wireless signal at a second RF frequency (RF signal 565 is received by interrogator 540 through antenna 560 and receiver 543. The receiver is capable of measuring the signal strength of RF signal 565, as received by interrogator 540 [0068]); one or more wireless sensor nodes embedded within one or more media (transponder 520 is embedded in material 510 [0065]), wherein the one or more media comprise one or more dielectric materials (permeability and conductivity do not play a role, and there is a simple, one-to-one relationship between the impedance of the material and the material's permittivity, such that measuring the permittivity and measuring the impedance of the material are equivalent. That is why impedance spectroscopy is also often referred to as dielectric spectroscopy, wherein the adjective “dielectric” refers to the permittivity…. the present invention comprise a transponder embedded in the material to be tested. The transponder comprises a resonant antenna coupled to the material such that the response of the antenna is affected by the material [0028]-[0030]), wherein the one or more wireless sensor nodes are interrogatable by the one or more interrogator transceivers (Fig. 5 illustrates system 500 for remote measurement of both real and imaginary components of the impedance of a martials), wherein the one or more wireless sensor nodes are operable to receive the first wireless signal at the first RF frequency from the one or more interrogator transceivers and to transmit the second wireless signal at the second RF frequency to the one or more interrogator transceivers ((RF signal 555 propagates through the free space that separates interrogator 540 from material 510, and then further propagates through material 510 itself, to reach resonant antenna 530, which is part of transponder 520 and is coupled to the transponder's circuitry….RF signal 565 is received by interrogator 540 through antenna 560 and receiver 543. The receiver is capable of measuring the signal strength of RF signal 565, as received by interrogator 540. The measured signal strength is provided to impedance calculator 544, which also has access to the frequency of RF signal 555 as generated by multiple frequency generator 541 [0066]-[0070])); and a processor coupled to a circuit within the one or more interrogator transceivers (impedance calculator 544, which correspondence to the claimed processor and receiver 543, which correspondence to claimed circuit) wherein the circuit is operable to measure a power level of a received signal ( RF signal 565 is received by interrogator 540 through antenna 560 and receiver 543. The receiver is capable of measuring the signal strength of RF signal 565, as received by interrogator 540. The measured signal strength is provided to impedance calculator 544, which also has access to the frequency of RF signal 555 as generated by multiple frequency generator 541 [0068]), and wherein the processor is operable to correlate the power level of the received signal to a composition of the one or more media ( Impedance calculator 544 calculates the values of the real part and the imaginary part of the impedance of material 510 based on the measured received signal strength, on the frequency of RF signal 555, and on known parameters of resonant antenna 530, transponder 520 and the material itself [0069]; the farmer might dig a hole to embed a transponder in the soil. As part of digging the hole, the farmer can collect a sample of the soil and measure the moisture content directly. With such knowledge of the current moisture content, the farmer can now perform a reference measurement of signal strength from the transponder. Signal strength from future measurements can thus be associated with changes in moisture content [0045] ), and wherein the received signal is the second wireless signal RF signal 565 is received by interrogator 540 through antenna 560 and receiver 543. The receiver is capable of measuring the signal strength of RF signal 565, as received by interrogator 540. The measured signal strength is provided to impedance calculator 544, which also has access to the frequency of RF signal 555 as generated by multiple frequency generator 541 [0066]-[0068]. Regarding claim 14, Carr discloses, wherein the interrogator transceiver is portable ( a drone-mounted interrogator, when examining a structure such as a bridge, is that the drone can carry the interrogator very close to the transponders [0044]-[0045]). Regarding claim 15, Carr discloses, wherein the one or more interrogator transceivers are carried by one or more mobile vehicles ( a drone-mounted interrogator, when examining a structure such as a bridge, is that the drone can carry the interrogator very close to the transponders [0044]-[0045]) . Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Carr, and further in view of Chamarti et al. (US 20090045961, hereinafter “Chamarti”). Regarding claim 3, Carr discloses everything claimed as applied above (see claim 1), however Carr does not explicitly disclose, wherein the wireless sensor node is a passive device, and wherein the wireless sensor node is operable to be activated by the first wireless signal. In the same field of endeavor, Chamarti disclose, wherein the wireless sensor node is a passive device, and wherein the wireless sensor node is operable to be activated by the first wireless signal ( RFID reader 110 emits a RF interrogation signal SI having a frequency f and a corresponding wavelength .lamda.. Those RFID tags 10 within the RFID reader's read range D.sub.R are able to capture sufficient power from interrogation signal SI to power IC 30 and to reflect a portion of signal SI back to the RFID reader in a modulated fashion as a tag signal ST, [0029]). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify Carr by specifically providing wherein the wireless sensor node is a passive device, and wherein the wireless sensor node is operable to be activated by the first wireless signal, as taught by Chamarti for the purpose of facilitating impedance matching between antenna and IC and to improving (e.g., to the point of optimizing) antenna current flow to and from the IC [0044]. Claims 4-9 are rejected under 35 U.S.C. 103 as being unpatentable over Carr, and further in view of Weller et al. (US 9485037, hereinafter “Weller”). Regarding claim 4, Carr discloses everything claimed as applied above (claim 1), however Carr does not disclose, wherein the wireless sensor node is housed within a foam enclosure. In the same field of endeavor, Weller discloses, wherein the wireless sensor node is housed within a foam enclosure (transceiver was placed inside a 5×5×5 cm.sup.3 foam box (electrical properties similar to air), Col. 9; lines 20-35). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify Carr by specifically providing wherein the wireless sensor node is housed within a foam enclosure, as taught by Weller for the purpose of having alternative apparatus that enables remote channel calibration of an embedded sensor node (Col. 1; lines 44-46). Regarding claim 5, Carr discloses everything claimed as applied above (claim 1), however Carr does not disclose, wherein the second RF frequency is a harmonic of the first RF frequency. In the same field of endeavor, Weller discloses, wherein the second RF frequency is a harmonic of the first RF frequency (the first repeater 14 operates by receiving a signal at an f.sub.1 of 2.4 GHz and transmitting a return signal at 2.Math.f.sub.1 of 4.8 GHz, Col. 4; lines 8-18). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify Carr by specifically providing wherein the second RF frequency is a harmonic of the first RF frequency, as taught by Weller for the purpose of having alternative apparatus that enables remote channel calibration of an embedded sensor node (Col. 1; lines 44-46). Regarding claim 6, Carr discloses everything claimed as applied above (claim 1), however Carr does not disclose, wherein the wireless sensor node comprises a receive antenna and a transmit antenna, wherein the receive antenna is coupled to an input of a frequency multiplier circuit, and wherein the transmit antenna is coupled to an output of the frequency multiplier circuit. In the same field of endeavor, Weller discloses, wherein the wireless sensor node comprises a receive antenna and a transmit antenna ( a receive antenna 40 is formed on the inner side of the first antenna support 20 and a transmit antenna 42 is formed on the inner side of the second antenna support 22, Col. 3; lines 54-58), wherein the receive antenna is coupled to an input of a frequency multiplier circuit (Joining the feeding networks 24, 26 is a frequency multiplier 28, that multiplies the frequency of an input signal, such as a received interrogation signal, Col. 3; lines 5-11; Col. 4; lines 39-44), and wherein the transmit antenna is coupled to an output of the frequency multiplier circuit (Joining the feeding networks 24, 26 is a frequency multiplier 28, that multiplies the frequency of an input signal, such as a received interrogation signal, Col. 3; lines 5-11; Col. 4; lines 39-44),. Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify Carr by specifically providing wherein the wireless sensor node comprises a receive antenna and a transmit antenna, wherein the receive antenna is coupled to an input of a frequency multiplier circuit, and wherein the transmit antenna is coupled to an output of the frequency multiplier circuit, as taught by Weller for the purpose of having alternative apparatus that enables remote channel calibration of an embedded sensor node (Col. 1; lines 44-46). Regarding claim 7, the combination of Carr and Weller discloses everything claimed as applied above (see claim 6), further Weller discloses, wherein the input of the frequency multiplier circuit comprises a DC bias circuit coupled to the input of the frequency multiplier circuit (the first feeding network 24 comprises a bias network that includes a bypass capacitor 48 and an RF choke 50, Col. 3; lines 62-66; Col. 6; lines 47-55). Regarding claim 8, the combination of Carr and Weller discloses everything claimed as applied above (see claim 6), further Weller discloses, wherein the frequency multiplier circuit has a conversion gain of at least −15 dB relative to a power of the first wireless signal of −30 dBm at the input of the frequency multiplier circuit (For an input power of −30 dBm, the CG maxima are −15.5 dB at an f.sub.1 of 2.4 GHz, and −15.7 dB at an f.sub.1 of 2.75 GHz. The 3 dB CG bandwidth is 2% and 1.25% at f.sub.1 of 2.4 GHz and input powers of −20 dBm and −30 dBm, respectively. At an f.sub.1 of 2.75 GHz, the 3 dB CG bandwidth is ˜2.5% for input powers of −20 dBm and −30 dBm, Col. 6; lines 21-45). Regarding claim 9, the combination of Carr and Weller discloses everything claimed as applied above (see claim 6), further Weller discloses, wherein the frequency multiplier circuit comprises a diode (that multiplies the frequency of an input signal, such as a received interrogation signal. In some embodiments, the frequency multiplier 28 comprises a GaAs Schottky diode Col. 3; lines 5-15). Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Carr, and further in view of Butterworth et al. (US 20180020948, hereinafter “Butterworth”). Regarding claim 10, Carr discloses everything claimed as applied above (see claim 1), however Carr does not disclose, wherein the processor is operable to correlate the power level of the received signal to an attenuation of the received signal from absorption of the received signal by the one or more dielectric materials of the medium. In the same field of endeavor, Butterworth discloses, wherein the processor is operable to correlate the power level of the received signal to an attenuation of the received signal from absorption of the received signal by the one or more dielectric materials of the medium (the RF power sensor 41 transmits the measured power data to a data input port of the processor 32 for comparison of the relative attenuation, magnitude, and/or phase of RF frequencies passing through the material as measured against a reference attenuation ratio signal [0046]-[0047]; the RF power sensor 41 transmits the measured power data to a data input port of the processor 32 (in one embodiment, a microcontroller ATmega32 (Atmel Corp., San Jose, Calif.)) for comparison of the relative attenuation, magnitude, and/or phase of RF frequencies passing through the material as measured against a reference attenuation ratio signal [0075]). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify Carr by specifically providing wherein the processor is operable to correlate the power level of the received signal to an attenuation of the received signal from absorption of the received signal by the one or more dielectric materials of the medium, as taught by Butterworth for the purpose of efficiently calculating the attenuation of the RF signal in response to the RF signals received by the plurality of receiving antennas through the material (abstract). Regarding claim 11, the combination of Carr band Butterworth discloses everything claimed as applied above (see claim 10), further Butterworth discloses wherein the processor is operable to determine a content of a material comprised by the one or more dielectric materials of the medium, wherein the processor is operable to determine the attenuation of the second wireless signal by the material and wherein the processor is operable to correlate the attenuation of the second wireless signal to the content of the material in the medium (the processor 32 performs the attenuation analysis using the power matrix and/or its underling data. The analysis process begins by performing rotational averaging of the received power matrix to form a rotational averaged received power matrix (Step 7). This averaging begins by sorting the received power matrix such that the receiving antenna number is indexed relative to which antenna is the transmitting antenna (Step 8). ….. The method can include applying the regression function to the given test rotational averaged received power matrix instance to compute a dependent uni- or multi-dimensional dependent variable, which constitutes the output of the system. As a next step, (Step 14), results are calculated using the measure and determined values to generate hydration values/levels. This step can include applying data to the regression function, [0069]-[0074]). Regarding claim 12, the combination of Carr band Butterworth discloses everything claimed as applied above (see claim 10), further Butterworth discloses wherein the one or more dielectric materials comprises water, and wherein the processor is operable to determine a moisture content of the medium, wherein the processor is operable to determine the attenuation of the second wireless signal by water, and wherein the processor is operable to correlate the attenuation of the second wireless signal to the moisture content of the medium (This absorption of microwave energy is equivalent to dielectric loss and is what causes food that contains water molecules to heat in a microwave oven. Typically, microwaves with a frequency of 2.45 GHz, wavelength 122 mm, are used in a microwave oven. This frequency is also shared by most modern wireless communication standards, such as Wi-Fi (2.4 and 5 GHz) and Bluetooth (2.4 GHz), [0075]-[0077]). Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Carr, and further in view of Soderi et al. (US 20150198712, hereinafter “Soderi”). Regarding claim 16, Carr discloses everything claimed as applied above (see claim 15), however Carr does not explicitly disclose, wherein the one or more mobile vehicles are operable to travel along a rail. In the same field of endeavor, Soderi discloses, wherein the one or more mobile vehicles are operable to travel along a rail (FIG. 1 is a schematic view of a positioning system 100, for example, that may be used under the ETCS. The system 100 includes an on-board equipment module 110 and a wayside equipment module 150. The on-board equipment module 110 may be disposed onboard a vehicle traversing a route [0024]; [0031]). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify wherein the one or more mobile vehicles are operable to travel along a rail, as taught by Soderi for the purpose of improved accuracy in detection of vehicle position [0023]. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Carr, in view of Soderi and further in view of Toshack (US 20160257311, hereinafter “Toshack”). Regarding claim 17, the combination of Carr and Soderi discloses everything claimed as applied above (see claim 16), however the combination of Carr and Soderi does not disclose, wherein the one or more wireless sensor nodes are collocated along the rail, and wherein the one or more wireless sensor nodes are embedded within a ballast material under the rail. In the same field of endeavor, Toshack discloses, wherein the one or more wireless sensor nodes are collocated along the rail, and wherein the one or more wireless sensor nodes are embedded within a ballast material under the rail (The illustrated wayside inspection system 50 includes two presence detection sensors 54, 56 located between the rails 30a, 30b e.g., within separate railroad ties or the ballast at one side of the crossing. The sensors 54, 56 are spaced apart from each other by a predetermined distance D. The distance D can be any distance suitable to allow each sensor 54, 56 the time to separately detect the presence of the train and then report the detection to a base station 52 (explained in more detail below) in the same order that the detections occurred, [0014]). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the combination of Carr and Soderi by specifically providing wherein the one or more wireless sensor nodes are collocated along the rail, and wherein the one or more wireless sensor nodes are embedded within a ballast material under the rail, as taught by Toshack for the purpose providing a fast and reliable technique for determining the direction and route of a train traveling along a railroad track so that the information can be used to satisfy regulations [0006]. Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Carr, in view of Soderi, in view of Toshack and further in view of Ham (US 20200084520, hereinafter “Ham”). Regarding claim 18, the combination of Carr, Soderi and Toshack discloses everything claimed as applied above (see claim 17), however the combination of Carr, Soderi and Toshack does not disclose, wherein the processor is operable to determine a moisture content of the ballast material, wherein the processor is operable to determine an attenuation of the second wireless signal from absorption of the second wireless signal by water, and wherein the processor is operable to correlate the attenuation of the second wireless signal to the moisture content of the ballast material. In the same field of endeavor, Ham discloses, wherein the processor is operable to determine a moisture content of the ballast material, wherein the processor is operable to determine an attenuation of the second wireless signal from absorption of the second wireless signal by water, and wherein the processor is operable to correlate the attenuation of the second wireless signal to the moisture content of the ballast material (while in a farm field the sensor nodes 102 may be buried a depth of 20 cm or more so that they are not dug up when the field is plowed. Sensor nodes 102 are typically spaced apart by one to two meters, though in some instances the plurality of sensor nodes can be spaced up to 25 meters from one another. In some instances, one or more sensor nodes 102 may be located on top or above the ground level so that attenuation between an underground sensor and a sensor node at or above ground level can be measured [0029]-[0030]; [0034]-[0037]). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the combination of Carr, Soderi and Toshack by specifically providing wherein the processor is operable to determine a moisture content of the ballast material, wherein the processor is operable to determine an attenuation of the second wireless signal from absorption of the second wireless signal by water, and wherein the processor is operable to correlate the attenuation of the second wireless signal to the moisture content of the ballast material, as taught by Ham for the purpose of measuring soil moisture and using the measurement for various control aspects including for example controlling irrigation in agricultural and urban settings [0006] Regarding claim 19, the combination of Carr, Soderi and Toshack discloses everything claimed as applied above (see claim 17), however the combination of Carr, Soderi and Toshack does not disclose, wherein the one or more wireless sensor nodes are embedded a distance below a surface of the ballast material. In the same field of endeavor, Ham discloses, wherein the one or more wireless sensor nodes are embedded a distance below a surface of the ballast material (while in a farm field the sensor nodes 102 may be buried a depth of 20 cm or more so that they are not dug up when the field is plowed. Sensor nodes 102 are typically spaced apart by one to two meters, though in some instances the plurality of sensor nodes can be spaced up to 25 meters from one another. In some instances, one or more sensor nodes 102 may be located on top or above the ground level so that attenuation between an underground sensor and a sensor node at or above ground level can be measured [0029]-[0030]. Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the combination of Carr, Soderi and Toshack by specifically providing wherein the one or more wireless sensor nodes are embedded a distance below a surface of the ballast material, as taught by Ham for the purpose of measuring soil moisture and using the measurement for various control aspects including for example controlling irrigation in agricultural and urban settings [0006] Regarding claim 20, the combination of Carr, Soderi, Toshack and Ham teaches everything claimed as applied above (see claim 19), further Ham discloses, wherein the distance below the surface of the ballast material is 100 cm or less (The underground sensor nodes 102 are typically buried from 10 to 100 cm, [0029]). Prior Art of the Record: The prior art made of record not relied upon and considered pertinent to Applicant’s disclosure: US 20240319128: a system for wireless soil humidity sensing includes one or more wireless sensors. Each sensor includes a capacitor and an inductor, the capacitor having a dielectric material with a high relative dielectric permittivity that changes in response to changes in environmental humidity. US 20230009928: A radio frequency identification (RFID) tag includes an antenna, an analog front end, a processing circuit, and memory. The analog front end includes a power circuit, a tuning circuit, a transmitter, and a receiver. The power circuit is operably coupled to convert a radio frequency (RF) signal into a power supply voltage. The tuning circuit, when enabled, adjusts an RF characteristic of the analog front end to tune power harvesting from the RF signal. EP 4007175: a low-power wireless sensor system is provided, which includes a plurality of wireless sensor assemblies, and a wireless network operatively connecting each of the wireless sensor assemblies and operable to transmit and receive data between each of the wireless sensor assemblies. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GOLAM SOROWAR whose telephone number is (571)270-3761. The examiner can normally be reached Mon-Fri: 8:30AM-5PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Appiah can be reached at (571) 272-7904. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GOLAM SOROWAR/ Primary Examiner, Art Unit 2641
Read full office action

Prosecution Timeline

Apr 15, 2024
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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ANTENNA SWITCH FOR TIME DIVISION DUPLEXING AND FREQUENCY DIVISION DUPLEXING
2y 10m to grant Granted Jul 14, 2026
Patent 12677226
METHOD AND APPARATUS FOR CONFIGURING RADIO FREQUENCY TRANSMIT POWER, ELECTRONIC CHIP, AND ELECTRONIC DEVICE
3y 0m to grant Granted Jul 07, 2026
Patent 12659693
Issuing Remote Commands to Tracking Devices
2y 7m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+18.0%)
2y 9m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 895 resolved cases by this examiner. Grant probability derived from career allowance rate.

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