DETAILED ACTION
Drawings
The drawings are objected to because Fig. 1 is missing the labeling for x and y-axis. In other words, what do the x- and y-axis represent. 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.
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.
Claims 1-9 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Murray, EP 3,314996 (hereinafter Murray) (cited by the Applicant) in view of Maheshwari et al., EP3,926,596 (hereinafter Maheshwari) (cited by the Applicant).
Regarding Claim 1. Murray discloses distributing a plurality of the measuring devices beneath a soil surface of an agricultural field (Paragraph [0023], sensors buried; Figs. 3-4), each measuring device comprising: a position receiver, at least one soil sensor, a transmitter (Paragraph [0021], moisture sensor, GPS, transmitter),the at least one soil sensor, and the transmitter, a power source connected to the processor (Fig. 2); and determining first locations of each of the measuring devices, measuring at least one property of soil at the first locations with the measuring devices, transmitting, from each measuring device, data representative of the first locations and the at least one property of soil to a computing device remote from the measuring devices (Paragraphs [0021]-[0023]), moving at least some of the measuring devices during an agricultural field operation, determining second locations of each of the measuring devices,
measuring the at least one property of soil at the second locations with the measuring
devices, and transmitting, from each measuring device, data representative of the second locations and the at least one property of soil to the computing device (Paragraph [0024]-[0026], [0028], combination of both stationary and movable sensors).
Murray does not disclose each measuring device also containing a processor in communication with the position receiver, a rigid enclosure containing the position receiver, the at least one soil sensor, the transmitter, the processor, and the power source.
Maheshwari discloses communication with the position receiver, a rigid enclosure containing the position receiver, the at least one soil sensor, the transmitter, the processor, and the power source (Fig. 1; Paragraphs [0021], [0027], [0006]; Abstract).
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Maheshwari in Murray and have each measuring device also contain a processor in communication with the position receiver, a rigid enclosure containing the position receiver, the at least one soil sensor, the transmitter, the processor, and the power source, so as to efficiently monitor the soil conditions.
Regarding Claim 2. Murray discloses generating a first map of the agricultural field representing the at least one property of the soil as measured by the measuring devices at the first locations (Paragraph [0028]; Fig. 5).
Regarding Claim 3. Murray discloses generating a second map of the agricultural field representing the at least one property of the soil as measured by the measuring devices at the second locations (Paragraph [0028]; Fig. 5).
Regarding Claim 4. Murray discloses selecting a field operation based on the at least one property of the soil as measured by the measuring devices (Paragraphs [0030]-[0033]). Maheshwari discloses selecting a field operation based on the at least one property of the soil as measured by the measuring devices (Paragraph [0030])
Regarding Claim 5. Murray discloses determining the first and second locations of each of the measuring devices based on an electromagnetic signal (Paragraph [0021])
Regarding Claim 6. Murray discloses receiving data from at least one of the measuring devices at a computing device comprises receiving data measured by multiple measuring devices via the at least one of the measuring devices (Figs. 1-4).
Regarding Claim 7. Maheshwari discloses measuring at least one property of soil at the first locations with the measuring devices and measuring the at least one property of soil at the second locations with the measuring devices each comprise periodically measuring the at least one property (Paragraph [0028], Abstract, probes)
Regarding Claim 8. Maheshwari discloses periodically measuring the at least one property comprises measuring the at least one property at a preselected interval (Paragraph [0028]).
Regarding Claim 9. Maheshwari discloses the preselected interval is a function of temperature (Paragraph [0028]-[0029]).
Regarding Claim 18. Maheshwari discloses the at least one property comprises a temperature within the enclosure (Fig. 1)
Regarding Claim 19. Murray discloses the at least one property is selected from the group consisting of a concentration of an element, a concentration of a compound, a concentration of an ion, a concentration of organic matter, soil pH, cation exchange capacity, and moisture content (Paragraph [0001])
Claims 10-12 rejected under 35 U.S.C. 103 as being unpatentable over Murray, EP 3,314996 in view of Maheshwari, EP3,926,596 as applied to Claim 1 above, and further in view of Campbell, US-PGPUB 2020/0007960 (hereinafter Campbell)
Regarding Claim 10. The modified Murray does not disclose transmitting data representative of the first locations and the at least one property of soil to a computing device and transmitting data representative of the second locations and the at least one property of soil to a computing device
The modified Murray does not explicitly disclose transmitting data to a computing device periodically (Claim 11, wherein periodically transmitting data comprises transmitting data at a preselected interval (Claim 12, wherein the preselected interval is a function of temperature)
Campbell discloses transmitting data to a computing device periodically (Claim 11, wherein periodically transmitting data comprises transmitting data at a preselected interval (Claim 12, wherein the preselected interval is a function of temperature) (Paragraphs [0131]-[0132], [0146], [0003])
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Campbell in the modified Murray and transmit data to a computing device periodically (Claim 11, wherein periodically transmitting data comprises transmitting data at a preselected interval (Claim 12, wherein the preselected interval is a function of temperature), so as to efficiently collect data with optimal usage of power.
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Murray, EP 3,314996 in view of Maheshwari et al., EP3,926,596 as applied to Claim 1 above, and further in view of Burkey et al., US-PGPUB 2019/0187086 (hereinafter Burkey)
Regarding Claims 15-17. Murray discloses moving at least some of the measuring devices during an agricultural field operation using movable machines and devices, including tractor while the measuring devices are beneath the soil surface (Paragraph [0024], Fig. 1)
The modified Murray does not explicitly disclose moving at least some of the measuring devices during an agricultural field operation comprises (Claim 15: planting, Claim 16: tilling, Claim 17: harvesting) the agricultural field.
Burkey discloses agricultural field operations using (Claim 15: planting, Claim 16: tilling, Claim 17: harvesting) equipment in the agricultural field (Paragraph [0045])
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Burkey in the modified Murray and move at least some of the measuring devices using various equipment that are used for planting, tilling and harvesting while the measuring devices are beneath the soil surface, so as to obtain accurate soil measurements.
Claims 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Murray, EP 3,314996 in view of Maheshwari et al., EP3,926,596 as applied to Claim 19 above, and further in view of Liu et al., US-PGPUB 2019/0101505 (hereinafter Liu)
Regarding Claim 20. The modified Murray does not disclose the at least one property comprises a concentration of an element selected from the group consisting of N, P, K, S, Mg, Ca, Na, Fe, Al, Mn, Cu, Zn, and B (Regarding Claim 21, wherein the at least one soil property comprises a nitrate concentration).
Liu discloses soil sampling, includes moisture and nitrate concentration (Paragraphs [0059], [0143]-[0146], [0042], [0005], [0032])
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Liu in the modified Murray and measure at least one property comprises a concentration of an element selected from the group consisting of N, P, K, S, Mg, Ca, Na, Fe, Al, Mn, Cu, Zn, and B (Regarding Claim 21, wherein the at least one soil property comprises a nitrate concentration) in real-time with improved accuracy.
Allowable Subject Matter
Claim 13 and 14 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 13. The prior arts do not teach or suggest a combination, including terminating measurement of the at least one property of soil when a soil temperature drops below a threshold.
Regarding Claim 14. The prior arts do not teach or suggest a combination, including terminating data transmission when a soil temperature drops below a threshold.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gardner et al., US Pat No. 4,755,942
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/HYUN D PARK/Primary Examiner, Art Unit 2857
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