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 .
Election/Restrictions
Applicant’s election without traverse of Group III, claims 10-20 in the reply filed on 28 July 2026 is acknowledged.
Claims 2-3 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected linking claim, claim 1, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 28 July 2026.
Acknowledgment is made of the amendment filed 28 July 2026 to add claims 21-26.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 30 July 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Reference numeral – 414 – does not appear within Figures 4A and/or 4B as first suggested by the disclosure in paragraph [0047], line 4.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “416” has been used to designate both a “second sensor probe”, as shown in Figures 4A and 4B and a “third sensor probe”, also shown in Figures 4A and 4B.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “Temp-2” has been used to designate both a “first temperature sensor”, as shown in Figures 7 (upper left of Figure) and a “second temperature sensor”, also shown in Figure 7 (middle left of Figure).
The drawings are objected to because of the following:
Figure 7: How does a temperature sensor (Temp-2) appear on the upper left of the Figure without being shown with the EC sensor (EC1 - 706)? Why does the first mention of the temperature sensor (EC+T1 - 708) result in a labeling of the temperature sensor as Temp-2, which is the same as the labeling used to identify the unshown temperature sensor of EC sensor 706?
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.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0013], line 2: A – comma – should be inserted after the abbreviation “e.g.”.
Paragraph [0014], line 5: The elements nitrogen, phosphorous, and potassium should not be capitalized as these are not proper nouns.
Paragraph [0014], line 6: The terms pest and disease should not be capitalized as these are not proper nouns.
Paragraph [00], lines : A – comma – should be inserted prior to the term “such.”
Paragraph [0024], line 15: The term – are – should replace the term “is.”
Paragraph [0025], lines 1-2 and 4: The term “electrical conductivity” should not be capitalized as this term is not a proper noun.
Paragraph [0025], lines 2 and 6-7: The elements nitrogen, phosphorous, and potassium should not be capitalized as these are not proper nouns.
Paragraph [0033], line 7: The term – battery – has been misspelled.
Paragraph [0033], line 8: The article – the – should be inserted prior to the term “first”; and the numeral “206” should be deleted and reinserted after the abbreviation “PCB” (see line 6)”
Paragraph [0034], line 5: The article – a – should be inserted before the abbreviation “PCB”; the numeral “206” should be deleted and reinserted after the abbreviation “PCB”; article – a – should be inserted prior to the terms “first” and “second.”
Paragraph [0035], line 4: The term – to -- should replace the term “in.’
Paragraph [0036], line 1: The abbreviation – FIGS. – should replace the abbreviation “FIG.”
Paragraph [0040], line 11: The term – includes – should replace the term “include.”
Paragraph [0043], line 5: The term “probe sensors” should be deleted since this appears to be redundant in view of the term “sensor probes.”
Paragraph [0043], line 7: The second occurrence of the term “housing” should be corrected to read – housings --; and the phrase – and 212 – should be inserted after numeral “202.”
Paragraph [0045], line 3: The second occurrence of the term “housing” should be corrected to read – housings --; and the phrase – and 212 – should be inserted after numeral “202.”
Paragraph [0047], line 10: Reference numeral – 418 – should replace numeral “312” as the numerals shown in Figures 4A and 4B are being discussed.
Paragraph [0047], line 12: Reference numeral – 404 – should replace numeral “302” as the numerals shown in Figures 4A and 4B are being discussed.
Paragraph [0049], line 7: The second occurrence of the term “housing” should be corrected to read – housings --; and the phrase – and 212 – should be inserted after numeral “202.”
Paragraph [0053], line 3: The second occurrence of the term “housing” should be corrected to read – housings --; and the phrase – and 212 – should be inserted after numeral “202.”
Paragraph [0057], line 1: The phrase “and temperature” should be deleted. Figure 7 shows the EC sensor (706) as just an EC sensor; however, the left portion of the Figure shows a Temp-2, which does not match the specification.
Paragraph [0057], line 2: The verb – are – should replace the term “ac.”
Appropriate correction is required.
Claim Objections
Claims 1 and 10-26 are objected to because of the following informalities:
Re claim 1, claim line 3: A – semicolon – should replace the comma.
Re claim 1, claim line 15: A – semicolon – should replace the comma.
Re claim 10, claim line 4: A – semicolon – should replace the comma.
Re claim 10, claim line 16: A – semicolon – should replace the comma.
Re claim 21, claim line 3: A – semicolon – should replace the comma.
Re claim 21, claim line 15: A – semicolon – should replace the comma.
Appropriate correction is required.
Applicant is advised that should claims 10-20 be found allowable, claims 21-26 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
With respect to independent claim 21, aside from the preamble (soil sensing device vs. system), this claim is claiming claim language that is a duplicate of independent claim 10.
With respect to dependent claim 22, aside from the introductory phrase (soil sensing device vs. system), this claim is claiming claim language that is a duplicate of dependent claim 11.
With respect to dependent claim 23, aside from the introductory phrase (soil sensing device vs. system), this claim is claiming claim language that is a duplicate of dependent claim 12.
With respect to dependent claim 24, aside from the introductory phrase (soil sensing device vs. system), this claim is claiming claim language that is a duplicate of dependent claim 13.
With respect to dependent claim 25, aside from the introductory phrase (soil sensing device vs. system), this claim is claiming claim language that is a duplicate of dependent claim 14.
With respect to dependent claim 26, aside from the introductory phrase (soil sensing device vs. system), this claim is claiming claim language that is a duplicate of dependent claim 15.
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.
Claims 1 and 10-26 are 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.
Re claim, 1, claim line 3: It is unclear how the first portion is proximate to a first end of the electronic device. The only structure that has been claimed at this point of the claim is the housing. The term “electronic device” only exists to provide a name for the collective structure being claimed; but what is present is only structure that is actually claimed. Thus, since the housing is the only structure claimed, the first portion should be proximate to a first end of the housing.
Re claim, 10, claim lines 3-4: It is unclear how the first portion is proximate to a first end of the soil sensor device. The only structure that has been claimed at this point of the claim is the housing. The term “soil sensor device” only exists to provide a name for the collective structure being claimed; but what is present is only structure that is actually claimed. Thus, since the housing is the only structure claimed, the first portion should be proximate to a first end of the housing.
Re claim, 21, claim line 3: It is unclear how the first portion is proximate to a first end of the system. The only structure that has been claimed at this point of the claim is the housing. The term “system” only exists to provide a name for the collective structure being claimed; but what is present is only structure that is actually claimed. Thus, since the housing is the only structure claimed, the first portion should be proximate to a first end of the housing.
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, 10, 12, 15, 17-21, 23, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0140908 (Van Houweling et al.) in view of US 2021/0341407 (Burkey et al.) and US 10,866,208 (Mansergh et al.).
With respect to the limitations of claim 1, Van Houweling et al. discloses an electronic device (probe – (14)) comprising:
a housing (Figures 3 and 11) comprising:
a first portion (22, 132) disposed proximate a first end of the housing (head (22) disposed proximate a first end of the housing – Figures 3 and 11); and
a second portion (16) disposed further from the first end than the first portion (lower tube (16) disposed further from the first end – Figure 3);
a first antenna (72, 154) disposed at least partially within the first portion (antenna (72, 154) disposed at least partially within the first portion (22, 132) – Figures 3 and 11);
a battery (76) disposed at least partially within the first portion (power source (76) comprised of one or more batteries is located at least partially with the first portion/head (22, 132) – Figures 3 and 11 and paragraph [0230], lines 1-2 and 5-7);
a wireless communications component disposed at least partially within the first portion (head (22) houses a communications module (70) that facilitates wireless communication of probe (14) – Figure 3 and paragraphs [0110-0111]);
a second set of one or more sensors disposed at least partially within the second portion, the second set of one or more sensors comprising a second temperature sensor (tube (16) contains a plurality of sensor modules (24) used to measure moisture (26), temperature (28), and nutrients/fertility (30) of the soil at different depths – Figure 4 and paragraph [0096], lines 6-9 and paragraphs [0129-0133]);
a first capacitive moisture sensor area disposed at the second portion a first distance from the first portion (a first moisture sensor assembly (26) located in the second portion/tube (16) is formed of a capacitance sensor at a first distance from the first portion – Figure 6 and paragraphs [0135-0145]), and a second capacitive moisture sensor area disposed at the second portion a second distance from the first portion (a second moisture sensor assembly (26) located in the second portion/tube (16) a second distance from the first portion is formed of a capacitance sensor – Figure 6 and paragraphs [0135-0145]), the second distance being greater than the first distance (as shown in Figure 6, several moisture sensor assemblies (26) are shown/provided at varying depths of the probe). Van Houweling et al. fail to disclose a second antenna disposed at least partially within the second portion; and a first set of one or more sensors disposed at least partially within the first portion, the first set of one or more sensors comprising a first temperature sensor.
Burkey et al. disclose a sensor for underground soil measurement comprising a sub-surface sensor probe (102) containing a moisture sensor (126, 300), a temperature sensor (128) and electroconductivity sensors (130) (Figures 2A-2D). The moisture sensor further comprises an electrical circuit (Figure 3A) that utilizes a transmitting antenna (306), which is located underground within the sub-surface probe (102). Modifying Van Houweling et al. to use an antenna in a portion undersoil would have been obvious to one of ordinary skill in the art at the time of filing the invention as a means of transmitting moisture levels from the different moisture sensors within the probe. The combination of Van Houweling et al. in view of Burkey et al. fails to disclose a first set of one or more sensors disposed at least partially within the first portion, the first set of one or more sensors comprising a first temperature sensor.
Mansergh et al. disclose a multimodal sensor comprising a housing containing a first portion/probe head (102) and a second portion (101 - portion inserted into soil). The first portion, located above the soil surface, contains a first set of one or more sensors (106, 108, 110) and further comprising a temperature sensor (106) (Figures 1A-1C and 3). Modifying the combination to locate a temperature sensor within the first portion would have been obvious to one of ordinary skill in the art at the time of filing the invention as a means of comparing soil temperature with ambient temperature.
With respect to the limitation of claims 10 and 21, Van Houweling et al. discloses a soil sensor device/system (probe – (14)) comprising:
a housing (Figures 3 and 11) comprising:
a first portion (22, 132) disposed proximate a first end of the housing (head (22) disposed proximate a first end of the housing – Figures 3 and 11); and
a second portion (16) disposed further from the first end than the first portion (lower tube (16) disposed further from the first end – Figure 3);
a battery (76) disposed at least partially within the housing (power source (76) comprised of one or more batteries is located at least partially with the first portion/head (22, 132) – Figures 3 and 11 and paragraph [0230], lines 1-2 and 5-7);
a first antenna (72, 154) disposed at least partially within the first portion (antenna (72, 154) disposed at least partially within the first portion (22, 132) – Figures 3 and 11);
a wireless communications component disposed at least partially within the first portion (head (22) houses a communications module (70) that facilitates wireless communication of probe (14) – Figure 3 and paragraphs [0110-0111]);
a second set of one or more sensors disposed at least partially within the second portion, the second set of one or more sensors comprising a second temperature sensor (tube (16) contains a plurality of sensor modules (24) used to measure moisture (26), temperature (28), and nutrients/fertility (30) of the soil at different depths – Figure 4 and paragraph [0096], lines 6-9 and paragraphs [0129-0133]);
a first capacitive moisture sensor area disposed at the second portion a first distance from the first portion (a first moisture sensor assembly (26) located in the second portion/tube (16) is formed of a capacitance sensor at a first distance from the first portion – Figure 6 and paragraphs [0135-0145]), and a second capacitive moisture sensor area disposed at the second portion a second distance from the first portion (a second moisture sensor assembly (26) located in the second portion/tube (16) a second distance from the first portion is formed of a capacitance sensor – Figure 6 and paragraphs [0135-0145]), the second distance being greater than the first distance (as shown in Figure 6, several moisture sensor assemblies (26) are shown/provided at varying depths of the probe). Van Houweling et al. fail to disclose a second antenna disposed at least partially within the second portion; and a first set of one or more sensors disposed at least partially within the first portion, the first set of one or more sensors comprising a first temperature sensor.
Burkey et al. disclose a sensor for underground soil measurement comprising a sub-surface sensor probe (102) containing a moisture sensor (126, 300), a temperature sensor (128) and electroconductivity sensors (130) (Figures 2A-2D). The moisture sensor further comprises an electrical circuit (Figure 3A) that utilizes a transmitting antenna (306), which is located underground within the sub-surface probe (102). Modifying Van Houweling et al. to use an antenna in a portion undersoil would have been obvious to one of ordinary skill in the art at the time of filing the invention as a means of transmitting moisture levels from the different moisture sensors within the probe. The combination of Van Houweling et al. in view of Burkey et al. fails to disclose a first set of one or more sensors disposed at least partially within the first portion, the first set of one or more sensors comprising a first temperature sensor.
Mansergh et al. disclose a multimodal sensor comprising a housing containing a first portion/probe head (102) and a second portion (101 - portion inserted into soil). The first portion, located above the soil surface, contains a first set of one or more sensors (106, 108, 110) and further comprising a temperature sensor (106) (Figures 1A-1C and 3). Modifying the combination to locate a temperature sensor within the first portion would have been obvious to one of ordinary skill in the art at the time of filing the invention as a means of comparing soil temperature with ambient temperature.
With respect to the limitations of claims 12 and 23, the combination (Mansergh et al.) disclose that the soil sensor device/system comprises an ambient light sensor (110) disposed at least partially within the first portion/sensor head (102) (Figures 1A-1C and 3).
With respect to the limitations of claims 15 and 26, the combination (Van Houweling et al.) discloses that the soil sensor device/system comprises one of more computer readable media storing processor executable instructions (64), which when executed using one of more processors (60), cause the device/system to perform operations comprising transmitting, using the wireless communications component, sensor data using a Bluetooth low energy protocol (communication circuit (74) facilitates wireless communication using any protocol, such as Bluetooth Low Energy – paragraph [0111], lines 4-10).
With respect to the limitation of claim 17, the combination (Van Houweling et al./Mansergh et al.) appears to disclose that one or more components within the second portion operates as at least a part of a ground led for the first antenna.
With respect to the limitation of claim 18, the combination (Mansergh et al.) discloses that the soil sensor device comprises a humidity sensor disposed at least partially within the first portion (humidity sensor (108) located within the first portion/probe head (102) – Figures 1A-1C and 3).
With respect to the limitations of claim 19, the combination (Burkey et al.) discloses that the soil sensor device/system comprises one of more computer readable media storing processor executable instructions (134), which when executed using one of more processors (132), cause the device/system to perform operations comprising determining, using at least one of the second set of one of more sensors, electrical conductivity data (electroconductivity sensors (130) are located in a second set of one or more sensors – Figure 2D. Mansergh et al. also disclose the presence of EC sensors (116) in a second set of one or more sensors – Figures 1A-1C and 3).
With respect to the limitations of claim 20, the combination (Van Houweling et al.) discloses that the soil sensor device/system comprises one of more computer readable media storing processor executable instructions (64), which when executed using one of more processors (60), cause the device/system to perform operations comprising determining, using at least one of the second set of one of more sensors, pH data (fertility sensor assembly (30) located in a second set of one or more sensor are utilized to measures characteristics, such as pH – paragraph [0163] and Figures 5-6. Mansergh et al. also disclose the presence of pH sensors (125) in a second set of one or more sensors – Figures 1A-1C and 3).
Claims 13 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0140908 (Van Houweling et al.) in view of US 2021/0341407 (Burkey et al.) and US 10,866,208 (Mansergh et al.) as applied to claims 10 and 21 above, and further in view of US 11,521,381 (Tran et al.).
With respect to the limitations of claim 13 and 24, the combination of Van Houweling et al. in view of Burkey et al. and Mansergh et al. discloses all of the limitations of claims 10 and 21, but the combination fails to disclose that the soil sensor device/system comprises a spectroradiometer disposed at least partially within the first portion.
Tran et al. disclose a method of managing an irrigation system utilizing a plurality of sensors to collect field information. One such sensor used to collect field information include spectroradiometers. Modifying the combination to use a spectroradiometer would have been obvious to one of ordinary skill in the art at the time of filing as way to gather detailed, calibrated measurements of light, which can be used to determine if a field is receiving adequate amounts of light.
Claims 14 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0140908 (Van Houweling et al.) in view of US 2021/0341407 (Burkey et al.) and US 10,866,208 (Mansergh et al.) as applied to claims 10 and 21 above, and further in view of US 2022/0408667 (Larsen).
With respect to the limitations of claims 14 and 25, the combination of Van Houweling et al. in view of Burkey et al. and Mansergh et al. discloses all of the limitations of claims 10 and 21, including the soil sensor device/system comprises one of more computer readable media storing processor executable instructions, which when executed using one of more processors, cause the device/system to perform operations comprising transmitting, using the wireless communications component, sensor data; but the combination fails to disclose that the transmission uses a chirp spread spectrum modulation scheme.
Larsen discloses a system for field sensing utilizing irrigation system hardware, such as soil moisture sensors (42) and water flow sensors (47). The moisture sensor (42) is provided with a processor (44) that is in communication with one or more wireless communication modules (66). The wireless communication module may use LoRa technology, whereby LoRa is a spread spectrum modulation technique derived from chirp spread spectrum technology (paragraph [0035]). Modifying the combination to used chirp spread spectrum modulation would have been obvious to one of ordinary skill in the art at the time of filing the application because LoRa devices and wireless radio frequency technology uses a long range, low power wireless platform that has become widely used for Internet of Things networks worldwide (paragraph [0035], lines 12-15).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Prior art was not relied upon to reject claims 11 and 22 because the prior art of record fails to teach and/or make obvious the following:
Claims 11 and 22: Determining, based on a first signal generated using the first antenna and a second signal generated using the second antenna, water flow data indicating whether water is flow in combination with all of the remaining limitations of the claim in combination with all of the limitations of the base claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 PM.
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/DANIEL S LARKIN/ Primary Examiner, Art Unit 2855
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