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 .
DETAILED ACTION
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 11/04/24 has been entered. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
2. The drawings filed on 06/14/24. These drawings are acceptable.
Claim/Specification Objections
3. The disclosure is objected to because of the following informalities: unclear, inexact or verbose terms.
Claims 1, 11, 12, disclose “at least a first measurement of light intensity within a first observation wavelength range that differs from the emission wavelength range, and at least a first measurement of light intensity within a second observation wavelength range that differs from the emission wavelength range and the first observation wavelength range …”. There are two different “first measurement of light intensity”. One “first measurement of light intensity” is within a first observation wavelength range, and another “first measurement of light intensity” is within a second observation wavelength range.
Claims 1, 11, 12, disclose “at least a second measurement of light intensity within the first observation wavelength range, and at least a second measurement of light intensity within the second observation wavelength range …”. There are two different “second measurement of light intensity”. One “second measurement of light intensity” is within a first observation wavelength range, and another “second measurement of light intensity” is within a second observation wavelength range.
Therefore, the terms “a first measurement of light intensity”, “second measurement of light intensity”, are unclear, inexact or verbose terms.
For the purpose of examination, the claims 1, 11, 12, are interpreted in view of the objections/rejections indicated above as follow:
“at least a first measurement of light intensity within a first observation wavelength range that differs from the emission wavelength range, and at least [a] another first measurement of light intensity within a second observation wavelength range that differs from the emission wavelength range and the first observation wavelength range …”.
“at least a second measurement of light intensity within the first observation wavelength range, and at least [a] another second measurement of light intensity within the second observation wavelength range …”.
“subtracting the another first measurement of light intensity from the another second measurement of light intensity within the second observation wavelength range to obtain a second measurement of fluorescence response of the one or more plants within the second observation wavelength range”
Similarly, claim 10 discloses the terms “a first measurement of light intensity”, “a first set of multiple measurements”, “second measurement of light intensity”, “a second set of multiple measurements”. These terms are unclear, inexact or verbose terms.
For the purpose of examination, claim 10 are interpreted in view of the objections/rejections indicated above as follow:
“wherein the another first measurement of light intensity within the second observation wavelength range is one of [a] another first set of multiple measurements within the second observation wavelength range that are obtained for each measurement operation …”
“wherein the another second measurement of light intensity within the second observation wavelength range is one of [a] another second set of multiple measurements within the second observation wavelength range that are obtained for each measurement operation …”.
“wherein the second measurement of fluorescence response is obtained by subtracting the another first set of measurements of light intensity within the second observation wavelength range from the another second of measurements of light intensity within the second observation wavelength range”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
4. 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.
5. Claims 1, 6-12, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tischler et al. (U.S. Pub. No. 2016/0349180). Hereafter “Tischler”.
Regarding Claims 1, 11, 12, Tischler teaches a method of monitoring plant status performed by a computing system of one or more computing devices (abstract), the method comprising:
performing a plurality of measurement operations periodically over a period of time ([0057]. The light-emitting diodes 15 to 20 are switched on and off within the period of time to detect, is not different from performing a plurality of measurement operations periodically over a period of time) in which each measurement operation includes:
emitting, via one or more emitters, excitation light within an emission wavelength range into an environment containing one or more subject plants ([0014, 0015]; Figure 2, diodes 15-20),
prior to emitting the excitation light, obtaining via one or more detectors having a field of view containing the one or more subject plants, at least a first measurement of light intensity within a first observation wavelength range that differs from the emission wavelength range, and at least [a] another first measurement of light intensity within a second observation wavelength range that differs from the emission wavelength range and the first observation wavelength range ([0027, 0057]. The first measurement wavelength of the reference between 670 nm and 700 nm is not different from first observation wavelength range in the claims, and a first measurement of light intensity within the first measurement wavelength. The second measurement wavelength of the reference between 715 nm and 745 nm is not different from a second observation wavelength range in the claims, and another first measurement of light intensity within the second measurement wavelength. The measurement wavelengths (670nm -700nm, and 715nm - 745nm) are different from emitting excitation wavelengths emitted from radiation sources (200nm - 400nm, and 450nm - 650nm). Moreover, according to Tischler, it is inherent that prior to emitting the excitation light, within the period of time in which all light-emitting diodes 15 to 20 are switched off it is possible to detect the influence of ambient radiation sources, this is not different from the limitation “prior to emitting the excitation light, obtaining … a first measurement of light intensity” in the claims),
during and/or after emission of the excitation light, obtaining via the one or more detectors, at least a second measurement of light intensity within the first observation wavelength range, and at least [a] another second measurement of light intensity within the second observation wavelength range ([0014]. The chlorophyll fluorescence radiation from the plant is detected after emission of the excitation light); and
for each measurement operation performed:
subtracting the first measurement of light intensity from the second measurement of light intensity within the first observation wavelength range to obtain a first measurement of fluorescence response of the one or more plants within the first observation wavelength range ([0014, 0057]. Within the period of time in which all light-emitting diodes 15 to 20 are switched off it is possible to detect the influence of ambient radiation sources, which may then be compensated. It is inherent that ambient compensation comprising subtraction of the ambient levels detected from the measured values detected),
subtracting the another first measurement of light intensity from the another second measurement of light intensity within the second observation wavelength range to obtain a second measurement of fluorescence response of the one or more plants within the second observation wavelength range, ([0014, 0057]. Within the period of time in which all light-emitting diodes 15 to 20 are switched off it is possible to detect the influence of ambient radiation sources, which may then be compensated. It is inherent that ambient compensation comprising subtraction of the ambient levels detected from the measured values detected), and
comparing the first measurement of fluorescence response to the second measurement of fluorescence response to obtain a result indicative of the plant status ([0024]); and
outputting the result indicative of the plant status for each measurement operation ([0080]. The signals detected at these different wavelengths are analyzed in analyzing unit 13 the ratio of the signals may be used for determining the chlorophyll concentration in the plant tissue. This signal is not different from outputting the result indicative of the plant status).
Further, regarding Claims 11, 12, Tischler teaches a logic machine; and a data storage machine (figure 1, it is inherent that control unit 4, digitizing unit 12, analyzing unit 13 must include a logic machine and data storage).
Regarding Claim 6, Tischler teaches the emission wavelength range is less than the first observation wavelength range and the second observation wavelength range ([0027, 0057], the emitting excitation wavelengths emitted from radiation sources (200 nm - 400 nm, and 450 nm - 650 nm) is less than the measurement wavelengths (670 nm -700 nm, and 715 nm - 745 nm). The measurement wavelength of the reference is not different from observation wavelength range of the claims).
Regarding Claim 7, Tischler teaches the emission wavelength range includes ultraviolet light; wherein the first observation wavelength range includes red light and/or near red light; and wherein the second observation wavelength range includes green light and/or blue light ([0027, 0057], the emitting excitation wavelengths emitted from radiation sources are 200 nm - 400 nm, and 450 nm - 650 nm, which include ultraviolet light and red light and/or near red light).
Regarding Claim 8, Tischler teaches the first measurement of light intensity within the first observation wavelength range and the first measurement of light intensity within the second observation wavelength range are captured in parallel via the one or more detectors during the same sample period; and wherein the second measurement of light intensity within the first observation wavelength range and the second measurement of light intensity within the second observation wavelength range are captured in parallel via the one or more detectors during the same sample period (figure 1, first optical filter 11-1 and second optical filter 11-2 are in parallel via detector 6. These filters allow the first observation wavelength range and the first measurement of light intensity within the second observation wavelength range being captured in parallel).
Regarding Claim 9, Tischler teaches the first measurement of light intensity within the first observation wavelength range and the first measurement of light intensity within the second observation wavelength range are captured in sequence via the one or more detectors during different sample periods; and wherein the second measurement of light intensity within the first observation wavelength range and the second measurement of light intensity within the second observation wavelength range are captured in sequence via the one or more detectors during different sample periods ([0055, 0065]. The cycle begins with light-emitting diodes emitting radiation at a wavelength for a particular period of time is not different from wavelength range are captured in sequence).
Regarding Claim 10, Tischler teaches wherein the first measurement of light intensity within the first observation wavelength range is one of a first set of multiple measurements within the first observation wavelength range that are obtained for each measurement operation ([0027, 0057]. The first measurement wavelength of the reference between 670 nm and 700 nm is not different from first observation wavelength range in the claims, and a first measurement of light intensity within this first measurement wavelength is one of a first set of multiple measurements);
wherein another the first measurement of light intensity within the second observation wavelength range is one of [a] another first set of multiple measurements within the second observation wavelength range that are obtained for each measurement operation ([0027, 0057]. The second measurement wavelength of the reference between 715 nm and 745 nm is not different from a second observation wavelength range in the claims, and another first measurement of light intensity within this second measurement wavelength is one of another first set of multiple measurements);
wherein the second measurement of light intensity within the first observation wavelength range is one of a second set of multiple measurements within the first observation wavelength range that are obtained for each measurement operation ([0014, 0057]. The chlorophyll fluorescence radiation from the plant is detected after emission of the excitation light);
wherein the another second measurement of light intensity within the second observation wavelength range is one of [a] another second set of multiple measurements within the second observation wavelength range that are obtained for each measurement operation ([0014, 0057]. The chlorophyll fluorescence radiation from the plant is detected after emission of the excitation light);
wherein the first measurement of fluorescence response is obtained by subtracting the first set of measurements of light intensity within the first observation wavelength range from the second set of measurements of light intensity within the first observation wavelength range ([0014, 0057]. Within the period of time in which all light-emitting diodes 15 to 20 are switched off it is possible to detect the influence of ambient radiation sources, which may then be compensated. It is inherent that ambient compensation comprising subtraction of the ambient levels detected from the measured values detected); and
wherein the second measurement of fluorescence response is obtained by subtracting the another first set of measurements of light intensity within the second observation wavelength range from the another second of measurements of light intensity within the second observation wavelength range, ([0014, 0057]. Within the period of time in which all light-emitting diodes 15 to 20 are switched off it is possible to detect the influence of ambient radiation sources, which may then be compensated. It is inherent that ambient compensation comprising subtraction of the ambient levels detected from the measured values detected).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 2-5, is/are rejected under 35 U.S.C. 103 as being unpatentable over Tischler et al. (U.S. Pub. No. 2016/0349180) in view of Chieh et al. (U.S. Pub. No. 2016/0298161). Hereafter “Tischler” and “Chieh”.
Regarding Claim(s) 2, Tischler teaches all the limitations of claim 1 as stated above except for outputting an alert responsive to any of the results exceeding a threshold value. Chieh teaches outputting an alert responsive to any of the results exceeding a threshold value, ([0033]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Tischler by outputting an alert responsive to any of the results exceeding a threshold value in order to determine the status of the plant (Chieh, [0033]).
Regarding Claim(s) 3, Tischler teaches outputting a control signal to one or more physical actuators to control an operating condition of the environment containing the one or more plants responsive to any of the results ([0080]). However, Tischler does not teach exceeding a threshold value. Chieh teaches exceeding a threshold value, ([0033]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Tischler by having exceeding a threshold value in order to determine the status of the plant (Chieh, [0033]).
Regarding Claim(s) 4, Tischler teaches identifying a rate of change of the results over the period of time ([0057, 0076-0078]); comparing the rate of change ([0024, 0076-0078]); and outputting an alert responsive to the rate of change ([0078, 0080]; Figure 7). However, Tischler does not teach exceeding the threshold. Chieh teaches exceeding a threshold value, ([0033]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Tischler by having exceeding a threshold value in order to determine the status of the plant (Chieh, [0033]).
Regarding Claim(s) 5, Tischler teaches identifying a rate of change of the results over the period of time ([0057, 0076-0078]); comparing the rate of change ([0024, 0076-0078]); and outputting a control signal to one or more physical actuators to control an operating condition of the environment containing the one or more plants. ([0031, 0078, 0080]; Figure 7). However, Tischler does not teach responsive to exceeding the threshold rate of change. Chieh teaches exceeding the threshold rate of change, ([0033]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Tischler by having exceeding the threshold rate of change in order to determine the status of the plant (Chieh, [0033]).
Fax/Telephone Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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