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 .
Claims
Applicant’s Claims filed on 07/13/2026 regarding claims 1-20 is fully considered. Of the above claims, claims 12, 18 and 20 have been canceled; claims 10-11, 13-17 and 19 have been amended.
Election/Restrictions
Applicant’s election without traverse of invention I in the reply filed on 05/12/2026 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 16, the recitations of “the stake is positioned in a bore” in line 3 and “the first electrode and the second electrode are positioned in the porous medium external to the bore diameter” in lines 5-6 appear to be contradictory since the first and second electrodes are configured in the stake, which is positioned within the bore diameter.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Syrovy et al. (US 2023/0296548 A1) in view of Liu (US 5,898,310).
Regarding claim 1, Syrovy et al. teach a dielectric sensor probe (soil probe or system 1; Figs 1-2), comprising:
a stake having a longitudinal axis (the wooden prism prepared in this way formed the basic supporting body 2; [0027]; Figs 1-2);
an electronic component positioned in the stake (capacitive soil moisture sensors 4, 4’ and 4”; FIG. 2) and including:
a first electrode having a first length measured along the longitudinal axis (the capacitive soil moisture sensor 4 of the soil 3 was formed by a pair of rectangular conductive surfaces with a length of 100 mm and a width of 10 mm arranged in parallel next to each other at a distance of 5 mm; [0028]; FIG. 2);
a second electrode having a second length measured along the longitudinal axis, the second electrode being spaced apart from the first electrode (the capacitive soil moisture sensor 4 of the soil 3 was formed by a pair of rectangular conductive surfaces with a length of 100 mm and a width of 10 mm arranged in parallel next to each other at a distance of 5 mm; [0028]; FIG. 2);
wherein the first length and the second length longitudinally overlap each other (FIG. 2);
wherein the electronic component is operable to measure electrical capacity of a quantity of material positioned between the first electrode and the second electrode (by means of this control unit 6, the electrical capacity of the capacitive soil moisture sensor 4 of the soil 3 and the electrical resistance of the resistance soil temperature sensor 5 were measured; [0030]; FIG. 2).
Further regarding claim 1, Syrovy et al. do not teach measuring the electrical capacity measures a dielectric permittivity of the quantity of the material.
Further regarding claim 1, Liu teaches measuring an electrical capacity to measure a dielectric permittivity of a quantity of a material (from the point of measurement, the change in permittivity is preferably detected through a change in the capacitance of the capacity defined by the electrodes; column 3, lines 9-21) for the purpose detecting a water content in a dielectric.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate measuring the electrical capacity measures a dielectric permittivity of the quantity of the material, as taught by Liu, into Syrovy et al. for the purpose of detecting a water content in a dielectric.
Regarding claim 6, Syrovy et al. teach wherein the stake comprises a tapered bottom end (underground part 8; FIG. 2).
Claim(s) 2-3, 5, 8-10, 13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Syrovy et al. (US 2023/0296548 A1) as modified by Liu (US 5,898,310) as applied to claim 1 above, and further in view of Beck et al. (US 2024/0402117 A1).
Regarding claim 2, Syrovy et al. as modified by Liu do not teach wherein the stake comprises a first fin and a second fin, wherein the first electrode is positioned in the first fin and the second electrode is positioned in the second fin.
Further regarding claim 2, Beck et al. teach a stake comprises a first fin and a second fin, wherein a first electrode is positioned in the first fin and a second electrode is positioned in the second fin (the conductive plates 128a-128d of the sensor probe closer to the power source 200, sensor probe 121 in this embodiment, have a larger overall conductive area than those on the other sensor probe 122 furthest away from the power source 200; [0037]; Figs 1, 2 and 7) for the purpose of maximizing noise reduction.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the stake comprises a first fin and a second fin, wherein the first electrode is positioned in the first fin and the second electrode is positioned in the second fin, as taught by Beck et al., into Syrovy et al. as modified by Liu for the purpose of maximizing noise reduction.
Regarding claim 3, Syrovy et al. as modified by Liu do not teach wherein the first electrode and the second electrode are angularly offset from each other about the longitudinal axis.
Further regarding claim 3, Beck et al. teach a first electrode and a second electrode are angularly offset from each other about a longitudinal axis (electrically conducting plates 128a-128d of sensor probe 121 face electrically conducting plates 128a-128d of sensor probe 122, thereby, are angularly offset about the longitudinal axis by 180 degrees; FIG. 7A) for the purpose of maximizing noise reduction.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the first electrode and the second electrode are angularly offset from each other about the longitudinal axis, as taught by Beck et al., into Syrovy et al. as modified by Liu for the purpose of maximizing noise reduction.
Regarding claim 5, Syrovy et al. as modified by Liu do not teach wherein the stake comprises a shell, and the electronic component extends through the shell.
Further regarding claim 5, Beck et al. teach a stake comprises a shell, and an electronic component extends through the shell (chassis 103; Figs 1A, 2-3, 5-6, 8) for the purpose of maximizing noise reduction.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the stake comprises a shell, and the electronic component extends through the shell, as taught by Beck et al., into Syrovy et al. as modified by Liu for the purpose of maximizing noise reduction.
Regarding claim 8, Syrovy et al. as modified by Liu do not teach wherein:
the electronic component comprises a third electrode having a third length measured along the longitudinal axis, the third electrode being spaced apart from the first electrode in a direction parallel to the longitudinal axis;
the electronic component comprises a fourth electrode having a fourth length measured along the longitudinal axis, the fourth electrode being longitudinally spaced apart from the second electrode;
the third length and the fourth length longitudinally overlap each other; and
the electronic component is operable to measure dielectric permittivity of a second quantity of material positioned between the third electrode and the fourth electrode.
Further regarding claim 8, Beck et al. teach wherein:
the electronic component comprises a third electrode having a third length measured along the longitudinal axis, the third electrode being spaced apart from the first electrode in a direction parallel to the longitudinal axis (electrically conductive plate 128b of the sensor probe 121 is spaced apart from electrically conductive plate 128a of the sensor probe 121; FIG. 7A);
the electronic component comprises a fourth electrode having a fourth length measured along the longitudinal axis, the fourth electrode being longitudinally spaced apart from the second electrode (electrically conductive plate 128b of the sensor probe 122 is spaced apart from electrically conductive plate 128a of the sensor probe 122; FIG. 7A);
the third length and the fourth length longitudinally overlap each other (electrically conductive plate 128b of the sensor probe 121 longitudinally overlap with electrically conductive plate 128b of the sensor probe 122; FIG. 7A); and
the electronic component is operable to measure electrical capacity of a second quantity of material positioned between the third electrode and the fourth electrode (the quantity of soil between the electrically conductive plate 128b of the sensor probe 121 and the electrically conductive plate 128b of the sensor probe 122; FIG. 7A) for the purpose of increasing the volume of soil sample.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein: the electronic component comprises a third electrode having a third length measured along the longitudinal axis, the third electrode being spaced apart from the first electrode in a direction parallel to the longitudinal axis; the electronic component comprises a fourth electrode having a fourth length measured along the longitudinal axis, the fourth electrode being longitudinally spaced apart from the second electrode; the third length and the fourth length longitudinally overlap each other; and the electronic component is operable to measure dielectric permittivity of a second quantity of material positioned between the third electrode and the fourth electrode, as taught by Beck et al., into Syrovy et al. as modified by Liu for the purpose of increasing the volume of soil sample.
Regarding claim 9, Syrovy et al. as modified by Liu do not teach a set of rigid members extending through an internal volume defined in the stake and laterally surrounding the electronic component, wherein the rigid members are configured to transfer a load applied to a top end of the dielectric sensor probe to a bottom tip of the dielectric sensor probe.
Further regarding claim 9, Beck et al. teach a set of rigid members extending through an internal volume defined in a stake and laterally surrounding an electronic component, wherein the rigid members are configured to transfer a load applied to a top end of a dielectric sensor probe to a bottom tip of the dielectric sensor probe (ground insertion is begun by forcing the sensor probes 121, 122 into the ground; [0062]; Figs 8-9) for the purpose of inserting into the ground.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate a set of rigid members extending through an internal volume defined in the stake and laterally surrounding the electronic component, wherein the rigid members are configured to transfer a load applied to a top end of the dielectric sensor probe to a bottom tip of the dielectric sensor probe, as taught by Beck et al., into Syrovy et al. as modified by Liu for the purpose of inserting into the ground.
Regarding claim 10, Syrovy et al. as modified by Liu do not teach wherein the stake comprises a shank body including a pointed tip, the shank body having a cross-sectional profile including at least two fins extending radially from the longitudinal axis of the stake; and
wherein the first electrode and the second electrode are at least two electrodes coupled with the shank body and operable to measure dielectric permittivity of a quantity of material positioned laterally adjacent to the at least two fins of the shank body.
Further regarding claim 10, Beck et al. teach a stake comprises a shank body including a pointed tip, the shank body having a cross-sectional profile including at least two fins extending radially from the longitudinal axis of the stake (when the longitudinal axis runs down the middle of sensor probe 121, the two fins are the left and right sides of the sensor probe 121; FIG. 1A); and
a first electrode and a second electrode are at least two electrodes coupled with the shank body and operable to measure electrical capacity of a quantity of material positioned laterally adjacent to the at least two fins of the shank body (electrically conducting plate 128a of the sensor probe 121 and electrically conducting plate 128a of sensor probe 122 are coupled to the body of the probes 121, 222; FIG. 7A) for the purpose of inserting into the ground.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the stake comprises a shank body including a pointed tip, the shank body having a cross-sectional profile including at least two fins extending radially from the longitudinal axis of the stake; and wherein the first electrode and the second electrode are at least two electrodes coupled with the shank body and operable to measure dielectric permittivity of a quantity of material positioned laterally adjacent to the at least two fins of the shank body, as taught by Beck et al., into Syrovy et al. as modified by Liu for the purpose of inserting into the ground.
Regarding claim 13, Syrovy et al. as modified by Liu do not teach wherein the cross-sectional profile includes at least two additional fins.
Further regarding claim 13, Beck et al. teach the cross-sectional profile includes at least two additional fins (when a longitudinal axis runs down the middle of sensor probe 122, the two additional fins are the left and right sides of the sensor probe 122; FIG. 1A) for the purpose of inserting into the ground.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the cross-sectional profile includes at least two additional fins, as taught by Beck et al., into Syrovy et al. as modified by Liu for the purpose of inserting into the ground.
Regarding claim 19, Syrovy et al. as modified by Liu do not teach at least one additional fin, wherein the first electrode is positioned in the at least one fin.
Further regarding claim 19, Beck et al. teach at least one additional fin, wherein the first electrode is positioned in the at least one fin (the sensor probe 121 is a fin; FIG. 1A) for the purpose of inserting into the ground.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate at least one additional fin, wherein the first electrode is positioned in the at least one fin, as taught by Beck et al., into Syrovy et al. as modified by Liu for the purpose of inserting into the ground.
Claim(s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Syrovy et al. (US 2023/0296548 A1) as modified by Liu (US 5,898,310) as applied to claim 1 above, and further in view of Hughes (US 2006/0139037 A1).
Regarding claim 7, Syrovy et al. as modified by Liu do not teach wherein:
the electronic component comprises a third electrode having a third length measured along the longitudinal axis;
the third electrode is spaced apart from the first electrode;
the first length and the third length longitudinally overlap each other; and
the electronic component is operable to measure dielectric permittivity of a second quantity of material positioned between the first electrode and the third electrode.
Further regarding claim 7, Hughes teaches an electronic component comprises a third electrode having a third length measured along the longitudinal axis (sensing electrodes 58a-58d; Figs 1-7);
the third electrode is spaced apart from a first electrode (electrodes 58a to 58d are spaced apart an equal radial distance around tip 56; [0054]; Figs 2-5);
a first length and the third length longitudinally overlap each other (Figs 2-5); and
the electronic component is operable to measure moisture content of a second quantity of material positioned between the first electrode and the third electrode (electrodes 58 are also connected electrically so that any two adjacent electrodes are connected to opposite pluralities; [0054]; Figs 6-7) for the purpose of increasing the volume of soil sample.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein: the electronic component comprises a third electrode having a third length measured along the longitudinal axis; the third electrode is spaced apart from the first electrode; the first length and the third length longitudinally overlap each other; and the electronic component is operable to measure dielectric permittivity of a second quantity of material positioned between the first electrode and the third electrode, as taught by Hughes, into Syrovy et al. as modified by Liu for the purpose of increasing the volume of soil sample.
Regarding claim 17, Syrovy et al. as modified by Liu do not teach a driving tool coupled to a top end of the dielectric sensor probe.
Further regarding claim 17, Hughes teaches a driving tool coupled to a top end of a dielectric sensor probe (hand grip 54; [0044]-[0045]; FIG. 1) for the purpose inserting the probe into the soil.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate a driving tool coupled to a top end of the dielectric sensor probe, as taught by Hughes, into Syrovy et al. as modified by Liu for the purpose of inserting the probe into the soil.
Allowable Subject Matter
Claims 4, 11 and 14-15 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.
Claim 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
The primary reason for indicating allowable subject matter of claim(s) 4 is the inclusion of “wherein the electronic component comprises a first circuit board and a second circuit board arranged in an x-shape, the first electrode is positioned on the first circuit board, and the second electrode is positioned on the second circuit board”. These limitations, as they are claimed in the combination, have not been found, taught or suggested by the prior art of record, making claim(s) 4 allowable over the prior art.
The primary reason for indicating allowable subject matter of claim(s) 11 is the inclusion of “wherein the first electrode is positioned in a first fin of the at least two fins and the second electrode is positioned in a second fin of the at least two fins”. These limitations, as they are claimed in the combination, have not been found, taught or suggested by the prior art of record, making claim(s) 11 allowable over the prior art.
The primary reason for indicating allowable subject matter of claim(s) 14 is the inclusion of “at least two additional electrodes coupled with the shank body in the at least two additional fins; and wherein the electronic component is in electronic communication with the at least two electrodes and the at least two additional electrodes and configured to sequentially measure dielectric permittivity of the quantity of material and at least one additional quantity of material laterally adjacent to the quantity of material”. These limitations, as they are claimed in the combination, have not been found, taught or suggested by the prior art of record, making claim(s) 14 allowable over the prior art.
The primary reason for indicating allowable subject matter of claim(s) 15 is the inclusion of “wherein the cross-sectional profile includes a central substantially cylindrical portion defining an inner cavity”. These limitations, as they are claimed in the combination, have not been found, taught or suggested by the prior art of record, making claim(s) 15 allowable over the prior art.
The primary reason for indicating allowable subject matter of claim(s) 16 is the inclusion of “wherein the stake is positioned in a bore in a porous medium, the bore having a bore diameter; the first electrode and the second electrode are positioned in the porous medium external to the bore diameter; and the porous medium is positioned between the at least two electrodes”. These limitations, as they are claimed in the combination, have not been found, taught or suggested by the prior art of record, making claim(s) 16 allowable over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENDRICK X LIU whose telephone number is (571)270-3798. The examiner can normally be reached MWFSa 10am-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Douglas X Rodriguez can be reached at (571) 431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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1 August 2026
/KENDRICK X LIU/Examiner, Art Unit 2853
/DOUGLAS X RODRIGUEZ/Supervisory Patent Examiner, Art Unit 2853
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