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
1. The information disclosure statement (IDS) submitted on 9/27/2024 and is in compliance with the provisions of 37 CFR 1.97. According, the information disclosure statement is being considered by the Examiner.
Invention Title Objection
2. The title of the invention is objected because the title invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The applicant may change the invention tile from “Sensor” to “Systems and methods for acquiring plant data” or “Sensor for acquiring plant data”.
Claim Objection
3. Claims 1, 5, 9-10, 16-17, 19, 24-26, and 28 are objected to because of the following informalities: Regarding claim 1, line 4, “the placement” should be changed to --- a placement ---. Line 6, “the tissue of a plant” should be changed to --- a tissue of a plant ---. Line 7, “one or more thermally conductive pins” should be changed to --- the one or more thermally conductive pins ---. Lines 10-11, “the tissue the pin” should be changed to --- the tissue, the pin ---. Line 11, “thermal equilibrium with the temperature of the region of the tissue” should be changed to --- a thermal equilibrium with a temperature of a region of the tissue ---. Line 16, “the thermal equilibration” should be changed to --- the thermal equilibrium ---. Regarding claim 5, for clarification purposes, lines 2-3 should recite “when the one or more thermal conductive pins are inserted into the plant tissue, heat transfer between the plant tissue, pins and T-sensor establish a thermal equilibrium”.
Regarding claim 9, line 5, “the circuitry” should be changed to --- circuitry ---. Line 7, “a control system” should be changed to --- the control system ---. Line 8, “a control system circuitry” should be changed to --- the control system circuitry ---.
Regarding claim 10, line 1, “a T-sensor” should be changed to --- the T-sensor ---.
Regarding claim 16, for clarification purposes, lines 2-4 should recite “a space between the second spaced pair of electrodes is from a space between the first spaced pair of electrodes is from ”
Regarding claim 17, line 1, “the pin shafts” should be changed to --- pin shafts ---.
Regarding claim 19, line 1, “the protective housing” should be changed to --- the protective enclosure ---.
Regarding claim 24, line 1, “a diameter in the range from about 500 mm to about 2 mm, preferably from about 1 mm to about 2 mm” should be changed to --- a diameter in a range from 500 µm to 2 mm ---.
Regarding claim 25, line 1, “the plan tissue” should be changed to --- a plant tissue ---. Line 10, “the stem tissue” should be changed to --- the plant tissue ---.
Regarding claim 26, line 4, “the probe” should be changed to --- the electrodes ---. Line 8, “the vascular plant tissue” should be changed to --- the plant tissue ---.
Regarding claim 28, line 6, “the voltage across” should be changed to --- a voltage across ---. Line 8, “the temperature in the thermal well” should be changed to --- a temperature in a thermal well ---. Line 10, “the microprocessor” should be changed to --- the microcontroller ---.
Examiner Notes
4. Examiner cites particular paragraphs, columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Rejections - 35 USC § 102
5. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
6. Claims 1, 7-8 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin et al. (EP-3811771; hereinafter “Martin”).
Regarding claim 1, Martin discloses, in Figs. 1-4, a field-deployable sensor (Fig. 3 shows a measurement arrangement of a field-deployable sensor attachable to a plant tissue for collecting data) attachable to plants (plant tissues 2-3) for acquisition of plant-related data (obtaining measured resulting current, voltage, impedance and thermal state, see abstract) comprising: (a) a probe including; (i) a probe body (a probe body for holding at least one conductive pins/ electrodes as shown in Figs. 1-3) with at least one aperture therethrough which locate the placement and spacing of one or more thermally conductive pins (pins 4, 5, 9) within the tissue of a plant (plant tissues 2, 3); (ii) one or more thermally conductive pins (4, 5, 9) having distal and proximal ends (see Figs. 1-3), said distal end traversing through said aperture in the probe body and insertable into the tissue of the plant (pins are inserted into the plant tissues as shown in Figs. 1-3), and said proximal end located within the deployable sensor; such that when inserted into the tissue the pin approaches thermal equilibrium with the temperature of the region of the tissue in which the pin is located (“a constant over-temperature profile may be set up at a predetermined constant electrical power in the xylem tissue after a thermal equilibrium is reached…”, see at least in paragraph [0026]); and (b) a temperature sensor (T-sensor)(a temperature sensor 9 in Fig. 3) enclosed within the deployable sensor located adjacent the proximal end of the pin (4, 5) to acquire the temperature of the proximal end of the pin (“the first and second electrodes4, 5, a temperature sensor 9 is arranged adjacent to the first electrode 4 to measure an ambient temperature by using the temperature sensor element 9b” in [0038]; or “the temperature sensor 9 comprising a contact interface 9a may be used for measuring the internal temperature of the vascular plant 1in the xylem tissue 3 and/or the outside temperature of the vascular plant 1 as the ambient air temperature” in [0039]); such that the T-sensor (9) through the thermal equilibration of the pin with the plant tissue acquires plant tissue temperature data (see [0024, 26, 52]).
Regarding claim 7, Martin discloses the deployable sensor according to claim 1 wherein the sensor comprises upper and lower thermally conductive pins (4, 5) each with independent T-sensors (9)such that temperature gradients across the tissue into which the respective pins are located are acquirable (see [0041]).
Regarding claim 8, Martin discloses the deployable sensor according to claim 1 wherein the one or more thermally conductive pins also comprise one or more electrically conductive electrodes (first and second electrodes 4-5 in Figs. 1-3).
Regarding claim 25, Martin discloses, in Figs. 1-4, a method for acquiring plant data with a field-deployable sensor Fig. 3 shows a measurement arrangement of a field-deployable sensor attachable to a plant tissue for collecting data) attachable to plants (plant tissues 2,3) comprising: attaching a probe body of the sensor to the plant by inserting one or more thermally conductive pins into the plant tissue wherein said pins traverse through the probe body and are spaced, relatively located, and retained by the probe body (Figs. 1-3 shows a sensor body for holding at least one conductive pins or electrodes 4, 5 and 9 wherein the conductive pins are arranged at a space apart each other and are inserted into the plant tissues 2-3); allowing the pins to approach thermal equilibrium with the plant tissue (“a constant over-temperature profile may be set up at a predetermined constant electrical power in the xylem tissue after a thermal equilibrium is reached…”, see at least in paragraph [0026]); acquiring stem temperature data with a temperature sensor located adjacent a proximal end of a pin in the probe body “the first and second electrodes4, 5, a temperature sensor 9 is arranged adjacent to the first electrode 4 to measure an ambient temperature by using the temperature sensor element 9b” in [0038]; or “the temperature sensor 9 comprising a contact interface 9a may be used for measuring the internal temperature of the vascular plant 1in the xylem tissue 3 and/or the outside temperature of the vascular plant 1 as the ambient air temperature” in [0039]), wherein said proximal end of the pin approaches thermal equilibrium with the stem tissue (see [0024, 26, 52]).
Claim Rejections - 35 USC § 103
7. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
8. Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Martin in view of Shimokawa et al. (U.S. Pub. 2019/0274259; hereinafter “Shimokawa”).
Regarding claim 3, Martin discloses the deployable sensor according to claim 1, except for explicitly specifying that wherein the at least one aperture further comprises an expanded section forming a well around the thermally conductive pin. Shimokawa discloses, in Figs. 1-23, a vascular plant measurement sensor (1 in Fig. 6) comprising the at least one aperture further comprises an expanded section forming a well (14 in Fig. 2) around the thermally conductive pin (20, 30, and 50A-B in Fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the sensor of Martin by having the at least one aperture further comprises an expanded section forming a well around the thermally conductive pin for purpose of vascular plant characteristics can be calculated precisely. The collection flow path can be easily formed in the inside the collection probe (see the summary).
Regarding claim 4, Martin and Shimokawa disclose the deployable sensor according to claim 3, Shimokawa further teaches wherein the T-sensor (temperature probes 50A-B) is situated within the deployable sensor to record the temperature within the well (14).
9. Claims 9-12, 16-19, 24, and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Martin in view of Vian et al. (U.S. Pub. 2014/0077969; hereinafter “Vian”).
Regarding claim 9, Martin discloses the deployable sensor according to claim 8 wherein the sensor further comprises: (a) an electrical communication means for transmitting electrical data between electrodes and a control system whereby the electrical communication means provides electrical continuity between the electrodes and the circuitry of the control system (see claim 11 and Fig. 3); and (b) a control system including: an analogue front-end for transmitting excitation signals to the electrodes and for converting electrical data received from the electrodes into electrical impedance values (see claim 11 and Fig. 3); and (iii) a microcontroller for programming the analogue front end, and for storing and transmitting data (see claim 10).
Martin does not explicitly specify that the control system housed within protective enclosure, including a printed circuit board (PCB) containing the control system circuitry.
Vian discloses a sensor (1300 in Fig. 13) comprising a controller (1316), a transmitter (1314) and logic circuit are connected to a printed circuit board (1312), and housed in a protective enclosure (1302, see Fig. 13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the sensor of Martin by having the control system housed within protective enclosure, including a printed circuit board containing the control system circuitry, as taught by Vian in order to meet the system design and specification requirement.
Regarding claim 10, Martin and Vian disclose the deployable sensor according to claim 9, Vian further teaches comprising a T-sensor (1323 in Fig. 13) on the PCB (1312) for acquiring temperature data within the deployable sensor in the region of the PCB located T-sensor (see [00208]).
Regarding claim 11, Martin and Vian disclose the deployable sensor according to claim 9, Martin further teaches wherein the sensor comprises a first spaced pair of electrodes (a pair of electrodes 4-5, see Fig. 3).
Regarding claim 12, Martin and Vian disclose the deployable sensor according to claim 11, except for explicitly specifying wherein the sensor comprises a second spaced pair of electrodes. However adding an additional spaced pair of electrodes is a known practice in the art and the specific number of pairs of electrodes would simply be a matter of inventor design choice.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the sensor of Martin and Vian by having the sensor comprises a second spaced pair of electrodes, in order to meet the system design and specification requirement.
Regarding claim 16, Martin and Vian disclose the deployable sensor according to claim 12, except for explicitly specifying that wherein the spacing between the second pair of electrodes is from about 20 mm to about 80 mm, more preferably from about 40-70 mm and the spacing between the first pair of electrodes is from about 60 mm to about 100 mm.
Martin discloses the first and second electrodes 4-5 are spatially separated by a spatial distance 6 of a few centimeters. However having the spacing between the second pair of electrodes in a range of 20 mm to 80 mm and the spacing between the first pair of electrodes in a range of 60 mm to 100 mm are a known practice in the art and the specifics would simply be a matter of inventor design choice.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the sensor of Martin and Vian by having the spacing between the second pair of electrodes in a range of 20 mm to 80 mm and the spacing between the first pair of electrodes in a range of 60 mm to 100 mm, since it has been hold that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 17, Martin and Vian disclose the deployable sensor according to claim 9, Vian further teaches wherein the pin shafts (1304, 1306 in Fig. 13) comprise an enlarged portion with a lower shoulder that engages with and is retained by a shelf in the probe body, and an upper shoulder which engages with and is retained against the PCB (1312) said upper engagement forming electrical communication between the pin and the control system circuitry (see Fig. 13).
Regarding claim 18, Martin and Vian disclose the deployable sensor according to claim 17, Vian further teaches wherein the engaging of an electrode shaft (1304, 1306) with the PCB (1312) secures the PCB and the electrode to the probe body (see Fig. 13).
Regarding claim 19, Martin and Vian disclose the deployable sensor according to claim 9, Vian further teaches wherein the protective housing (1302 in Fig. 13) comprises a base and an upper casing (see Fig. 13).
Regarding claim 24, Martin and Vian disclose the sensor according to claim 1, Martin further teaches wherein the one or more pins have a diameter in the range from about 500 mm to about 2 mm, preferably from about 1 mm to about 2 mm (see [0032, 37]).
Regarding claim 26, Martin discloses the method of claim 25 wherein the pins are electrodes and are in electrical communication with a control system, said control system including: an analogue front-end for transmitting excitation signals to the probe and for converting electrical data received from the probe into electrical impedance values (see claim 11 and Fig. 3); and a microcontroller for programming the analogue front end (see claim 10), and for storing and transmitting data; and wherein the method further comprises the steps of transmitting an electrical excitation signal to the vascular plant tissue through a pair of electrodes (see claim 11); and acquiring frequency specific electrical impedance values from the plant tissue (acquiring impedance value in claim 11).
Martin does not explicitly specify that the control system housed within protective enclosure, including a printed circuit board (PCB) containing the control system circuitry.
Vian discloses a sensor (1300 in Fig. 13) comprising a controller (1316), a transmitter (1314) and logic circuit are connected to a printed circuit board (1312), and housed in a protective enclosure (1302, see Fig. 13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the sensor of Martin by having the control system housed within protective enclosure, including a printed circuit board containing the control system circuitry, as taught by Vian in order to meet the system design and specification requirement.
Regarding claim 27, Martin and Vian disclose the method according to claim 26, Martin further teaches wherein the pins are inserted into the tissue of the plant so as to contact extracellular fluid, vascular tissue and ground tissue of the plant (“determine the relative change in the sap flow density in the vascular plant”…, see claim 11).
Regarding claim 28, Martin and Vian disclose the method according to claim 27, Martin further teaches wherein the electrodes comprise a first spaced outer pair and the method further comprises the steps of: a timed application of a current signal to the tissue with the first spaced pair of electrodes with the analogue front-end; simultaneous measurement of the voltage across the tissue with the second spaced pair of electrodes; simultaneous recording of the temperature in the thermal well with a temperature sensor; and acquisition and local storing of the resultant data by the microprocessor (see at least in claim 11 and claim 14 and Fig. 3).
Martin and Vian does not disclose a second spaced inner pair of electrodes
However adding an additional spaced pair of electrodes is a known practice in the art and the specific number of pairs of electrodes would simply be a matter of inventor design choice.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the sensor of Martin and Vian by having the sensor comprises a second spaced pair of electrodes, in order to meet the system design and specification requirement.
Allowable Subject Matter
10. Claims 5-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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:
Regarding claim 5, the cited references, alone or in combination, do not disclose nor fairly suggest:
“ … the well contains a heat transfer media such that when the one or more pins are inserted into plant tissue, heat transfer between the tissue, pins and T-sensor establish a thermal equilibrium” in combination with all other elements as claimed in claims 1 and 3.
As to claim(s) 6, the claim is allowed as it is further limitation of claim 5.
Prior Art of Record
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shimokawa et al. (U.S Pub. 2024/0085366) discloses (see specification for more details).
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANG LE whose telephone number is (571)272-9349. The examiner can normally be reached on Monday thru Friday 7:30AM-5:00PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached on (571) 272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THANG X LE/Primary Examiner, Art Unit 2858
1/23/2026