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 .
Information Disclosure Statement
The references cited in the PCT international search report by the Australian Patent Office have been considered, but will not be listed on any patent resulting from this application because they were not provided on a separate list in compliance with 37 CFR 1.98(a)(1). In order to have the references printed on such resulting patent, a separate listing, preferably on a PTO/SB/08 form, must be filed within the set period for reply to this Office action.
However, the Examiner has relied upon at least one of the references found in the search report. Accordingly, the Examiner has cited the references on behalf of the Applicant.
Status of Claims
A Preliminary Amendment was filed on 5/6/2025 that cancelled claims 4, 7-11, 13-19, 22-25, 27-30, 32-33, 35, 37, 39, 41, 43-47, 49-62, 64-69, 71-76, 78-87 and 89. Accordingly, an Office Action on the merits of claims 1-3, 5-6, 12, 20-21, 26, 31, 34, 36, 38, 40, 42, 48, 63, 70, 77, and 88 is as follows:
Examiner Comment
In accordance with MPEP 2111.03(II), the transitional phrase "consisting of" excludes any element, step, or ingredient not specified in the claim. In re Gray, 53 F.2d 520, 11 USPQ 255 (CCPA 1931); Ex parte Davis, 80 USPQ 448, 450 (Bd. App. 1948). For purposes of examination, the group relates to sub-sensors within the sensors, and does not explicitly exclude sensors, such as magnetic sensors, related to that of the dendrometer itself, which may have additional sensors therein.
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.
Claims 1-3, 6, 12, 20-21, 26, 31, 34, 36, 38, 40, 42, 48, 63, 70, 77, and 88 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeLucia et al. (US 2014/0360037 A1).
Considering claim 1, DeLucia discloses a sensor 20 for measuring plant part size and/or other plant part characteristics, comprising:
- one or more fasteners 26 (band) configured to be positioned in or around a plant part (Figure 1; [0046]);
- two or more components selected from the group consisting of:
- a dendrometer 20 ([0046]), an accelerometer, a temperature sensor ([0068], thermocouple in data logger 24), a humidity sensor, and a light sensor ([0005]);
- a processor 62 (Figure 6; [0068]); and
- a power supply ([0068], battery).
Considering claim 2, DeLucia discloses that the sensor comprises a printed circuit board (PCB) ([0016]).
Considering claim 3, DeLucia discloses that one or all of the two or more components is/are affixed to the PCB ([0016]; [0068], temperature sensor is in the data logger 24 containing the PCB).
Considering claim 6, DeLucia discloses that the power supply comprises a battery and/or a solar panel ([0068], battery).
Considering claim 12, DeLucia discloses a housing that encloses at least the processor and power supply (Figure 1; data logger is clearly within a housing).
Considering claims 20-21, given the optional nature of the claim 1, the dendrometer is not required. Since DeLucia already discloses at least two components form the group (temperature and optical), then the dendrometer is not required. Accordingly, claims 20-21 are rejected under the same rationale as claim 1 above.
Considering claim 26, DeLucia discloses that the sensor is configured to measure change in diameter or radius of the plant part and/or configured to measure plant part size multiple times per day (Figure 7; [0054-55]).
Considering claim31, given the optional nature of the claim 1, the accelerometer is not required. Since DeLucia already discloses at least two components form the group (dendrometer, temperature and optical), then the accelerometer is not required. Accordingly, claim 31 is rejected under the same rationale as claim 1 above.
Considering claim 34, DeLucia discloses that the sensor comprises a temperature sensor ([0068], thermocouple in data logger 24).
Considering claim 36, given the optional nature of the claim 1, the humidity sensor is not required. Since DeLucia already discloses at least two components form the group (dendrometer, temperature and optical), then the humidity sensor is not required. Accordingly, claim 36 is rejected under the same rationale as claim 1 above.
Considering claim 38, DeLucia discloses that the sensor comprises a light sensor ([0005]).
Considering claim 40, DeLucia discloses that the sensor comprises a dendrometer 20 ([0046]) and one or more of: an accelerometer, a temperature sensor ([0068], thermocouple in data logger 24), a humidity sensor, and a light sensor ([0005]).
Considering claim 42, DeLucia discloses a transmitter (Figure 6; [0068]).
Considering claim 48, DeLucia discloses that:
- the one or more fasteners comprises a screw, threaded rod, or nail, and wherein the screw, threaded rod, or nail is configured to be positioned within the plant part and mount the sensor to the plant part; or
- the one or more fasteners (strap) comprises one or more curved arm(s), wherein the curved arm(s) are configured to be positioned around the plant part (Figures 1-2).
Considering claim 63, given the optional nature of the claim 48, the screw, threaded rod, or nail are not required. Since DeLucia already discloses the one or more curved arm(s), then the screw, threaded rod, or nail limitations are not required. Accordingly, claims 63 is rejected under the same rationale as claim 48 above.
Considering claim 70, DeLucia discloses that the plant is:
- a tree or woody plant (Abstract); or
- a vine.
Considering claim 77, DeLucia discloses a system for measuring plant part size and/or other plant part characteristics, comprising:
- a sensor according to claim 1; and
- a mobile device and/or server ([0062]);
- wherein the sensor is connected to the mobile device and/or server via wireless communication and configured to transmit data to the mobile device and/or server ([0062]).
Considering claim 88, DeLucia discloses a method for measuring size of a plant part and/or other plant part characteristics, comprising:
- affixing a sensor according to claim 1 to the plant part; and
- measuring size and/or other plant part characteristics of the plant part based at least in part on data collected from the two or more components of the sensor ([0068]; [0062]).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over DeLucia et al. (US 2014/0360037 A1).
Considering claim 5, DeLucia fails to explicitly disclose that the PCS comprises an epoxy-fiberglass composite material.
However, the Examiner takes Official Notice that epoxy-fiberglass composite materials, including FB4, are well-known standard PCB materials used in dendrometers, tree/plant sensors, and/or outdoor environments. The use thereof is considered an obvious design choice.
Therefore, one of ordinary skill in the art could have simply substituted the known epoxy-fiberglass composite for the generic PBC of DeLucia and the results of the substitution would have been predictable and repeatable. FB4, for example, is a standard epoxy-fiberglass PCB material having excellent moisture resistance, low water absorption, and temperature stability, which are all important features for environmental considerations. Swapping the generic PBC for an epoxy-fiberglass component would have provided the same basic functionality required by DeLucia in supporting the electronics of the data logger. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize an epoxy-fiberglass composite material in the PCB of DeLucia.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan M Dunlap whose telephone number is (571)270-1335. The examiner can normally be reached Mon-Fri 10AM - 7PM.
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/JONATHAN M DUNLAP/Primary Examiner, Art Unit 2855 January 10, 2026
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