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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 19, 2026 has been entered.
Status of the Claims
Claims 1-4 were previously pending and subject to a final rejection dated December 22, 2025. In the RCE, submitted on May 19, 2026, claim 1 was amended. Therefore, claims 1-4 are currently pending and subject to the non-final rejection below.
Claim Objection
Claim 1 is objected to for the following informality: the last limitation recites “said user device”, which lacks antecedent basis. For examination purposes, the claim will be interpreted as reciting “a user device”. Claims 2-4 are objected to by virtue of dependency.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-4 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Claims 1-4 recite a system (i.e., machine). Therefore, the claims all fall within one of the four statutory categories of invention.
Step 2A, Prong One
Claim 1 recites functions of: in one or more green infrastructures, detecting one or more of air temperature, air humidity, air quality, air composition, soil composition, soil temperature, soil moisture, and soil pH; transmit collected data; storing 1. state and federal regulations pertaining to green infrastructures, 2. scientific publications pertaining to green infrastructures, and 3. a set of green infrastructure evaluation rules that associate green infrastructure metric conditions with a positive or negative effect on green infrastructure health; storing a set of green infrastructure improvement and maintenance rules that associate various green infrastructure image data, soil data, soil moisture data, air quality data, to a corresponding set of green infrastructure improvement and maintenance recommendations; prompt said user to enter one or more green infrastructures for evaluation; transmit a location for said selected green infrastructure; transmit captured images; transmit detected soil data; transmit detected moisture data; transmit detected air quality data; compare said captured images, said detected soil data, said detected moisture data, and said detected air quality data to said green infrastructure improvement and maintenance rules to identify a corresponding set of infrastructure improvement and maintenance recommendations; and transmit or display to said user said green infrastructure improvement and maintenance recommendations.
The claim as a whole recites a certain method of organizing human activity. The limitations recited above, under broadest reasonable interpretation, recite the abstract idea of a certain method of organizing human activity, e.g., fundamental economic practices. Therefore, the claims recite an abstract idea.
Step 2A, Prong Two
The judicial exception is not integrated into a practical application. Claim 1 as a whole amounts to: (i) merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, or “apply it”; (ii) generally linking the use of a judicial exception to a particular technological environment or field of use (i.e., UAVs); and (iii) adding insignificant extra-solution activity to the judicial exception. See MPEP 2106.05(f), (h) and (g) respectively.
Claim 1 recites the additional elements of: (i) an unmanned aerial vehicle (UAV) equipped with an image capture device; (ii) a plurality of remote detection instruments (located in one or more green infrastructures); (iii) a user interface; (iv) a computing device in electronic communication with said UAV, said image capture device, and at least one of said plurality of detection instruments, said computing device comprising at least one processor and at least one non-transient memory; (v) a communications network to capture data from at least one of said plurality of remote detection instructions such that said remote detection instruments can transmit data collected by said at least one of said plurality of remote detection instruments to said computing device; (vi) said non-transient memory comprising: a standards database including; (vii) a green infrastructure improvement and maintenance database; (viii) computer readable instructions which when executed by said at least one processor, cause: said user interface, said at least one processor, said image capture device, and said at least one of said plurality of remote detection instruments, to perform actions; (ix) and a user device.
The above additional elements of: (iii) – (ix) are recited at a high-level of generality such that, when viewed as whole/ordered combination, it amounts to no more than merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, or “apply it”. See MPEP 2106.05(f).
The above additional element of: (i) is recited at a high-level of generality such that, when viewed as whole/ordered combination, it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (i.e., UAVs with image capturing devices) (See MPEP 2106.05(h)).
The above additional elements of: (ii) is recited at a high-level of generality such that, when viewed as whole/ordered combination, it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (i.e., green infrastructure condition detection devices) (See MPEP 2106.05(h)).; and adding insignificant extra-solution activity to the judicial exception (e.g., pre-solution activity such as gathering data for use in a claimed process) (See MPEP 2106.05(g))..
Accordingly, these additional elements, when viewed as a whole/ordered combination (See Figs. 1 and 2) do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
Step 2B
As discussed above with respect to Step 2A Prong Two, the additional elements amount to no more than: (i) merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, or “apply it”; (ii) generally linking the use of a judicial exception to a particular technological environment or field of use; and (iii) adding insignificant extra-solution activity to the judicial exception (e.g., pre-solution activity such as gathering data for use in a claimed process). The same analysis applies here in 2B, i.e., merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, or “apply it”; generally linking the use of a judicial exception to a particular technological environment or field of use (i.e., UAVs with image capturing devices; and green infrastructure condition detection devices); and adding insignificant extra-solution activity to the judicial exception (e.g., pre-solution activity such as gathering data for use in a claimed process), does not integrate the abstract idea into a practical application at Step 2A or provide an inventive concept at Step 2B.
Furthermore, the (ii) plurality of remote detection devices detecting and transmitting data, amounts to insignificant extra-solution activity (e.g., pre-solution activity), such as mere data gathering (See MPEP 2106.05(g)). The (ii) plurality of remote detection devices are recited at a high-level of generality and perform generic computer functions (e.g., transmitting data over a network) that are well-understood, routine and conventional activities previously known in the industry (See MPEP 2106.05(d)(II)). Additionally, Para. 21 of Applicant’s PG Publication, generically disclose the devices , as sensors and detection instrumentation such as moisture detection instrumentation, soil type/composition/quality instrumentation, water/moisture instrumentation, air quality instrumentation, air composition instrumentation, air humidity instrumentation, pollutant/contaminant detection instrumentation, and/or light detection instrumentation, at a high-level of generality demonstrating the well-understood, routine, conventional nature of the (iii) plurality of remote detection devices detecting and transmitting data.
Therefore, the additional elements discussed above do not integrate the abstract idea into a practical application at Step 2A or provide an inventive concept at Step 2B. Thus, even when viewed as a whole/ordered combination, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. Thus, the claims are ineligible.
Claim 2 recites the additional element of wherein said computing device comprises a network of distributed processors and non-transient memories. The abstract idea is not integrated into a practical application because the additional elements merely serve as generic computer component on which the abstract idea is implemented. See MPEP 2106.05(f).
Claim 3 recites the additional element of wherein said electronic communication is wireless. The abstract idea is not integrated into a practical application because the additional element merely serves as generic computer component on which the abstract idea is implemented. See MPEP 2106.05(f).
Claim 4 recites the additional element of wherein said communications network is wireless. The abstract idea is not integrated into a practical application because the additional element merely serves as generic computer component on which the abstract idea is implemented. See MPEP 2106.05(f).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (h) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2023/0360389 to Tiballi (hereinafter “Tiballi”) in view of U.S. Patent Application Publication No. 2017/0330197 to DiMaggio et al. (hereinafter “DiMaggio”), and even further in view of U.S. Patent Application Publication No. 2021/0374761 to Ramanathan et al. (hereinafter “Ramanathan”).
In regard to claim 1, Tiballi discloses a. an unmanned aerial vehicle (UAV) equipped with an image capture device (Paras. 43 and 82) (single or multiple data points may be captured from aerial devices such as planes or drones or satellites. Optical data captured by aerial devices… such as planes or drones…may be deployed and may be configured to capture image data as described above).
Tiballi discloses b. a plurality of remote detection instruments located in one or more green infrastructures configured to detect one or more of air temperature, air humidity, air quality, air composition, soil composition, soil temperature, soil moisture, and soil pH (Abst; Paras. 14, 31-33) (… a city-wide green infrastructure or green project monitoring program may include the use of … aerial data for remotely sensing imagery. One or more IoT sensors may be used for remotely sensing data from crops, green roofs, soil beds, green parklets, and/or weather or other any other related environmental source (i.e., a plurality of remote detection instruments located in one or more green infrastructures) … Crop and soil sensors 125 a, 125 b and weather sensors 125 c may be configured to collect data at a roof level (i.e., a plurality of remote detection instruments) … The sensors … may be able to transmit data…, soil or air temperatures, precipitation levels, wind event data, air pressure change data, fertilization indicators, UHI temperature indices, etc. may each be a type of metric generated using sensor data).
Tiballi discloses c. a user interface (Abst.; Para. 60) (…the application-based platform may be used to provide users a user interface or dashboard for site-specific and/or city-wide metrics… generating a user interface comprising the generated metrics).
Tiballi discloses d. a computing device in electronic communication with said UAV, said image capture device, and at least one of said plurality of detection instruments, said computing device comprising at least one processor and at least one non-transient memory (Paras. 82-84; 32-33, 35-37, 157 and 167) (…image data [from the planes or drones] may be received by a computer system such as a computing device 135 (i.e., a computing device in electronic communication with said UAV, said image capture device)…Collected and sensed data may be transmitted from sensors 125 a-c through a field gateway 120 to the network 115 and/or one or more cloud-based or cloudlet hubs. …The data may be … accessed using on, for example, an app-based platform using a user device 130, 135 (i.e., a computing device in electronic communication with…at least one of said plurality of detection instruments)… Embodiments include a user device comprising: a processor; and a computer-readable storage medium storing computer-readable instructions which, when executed by the processor, cause the processor to execute a method, the method comprising: receiving data from one or more sensors (i.e., said computing device comprising at least one processor and at least one non-transient memory)… Embodiments include a computer program product comprising: a non-transitory computer-readable storage medium having computer-readable program code embodied therewith… Embodiments include a computer program product comprising: a non-transitory computer-readable storage medium having computer-readable program code embodied therewith.)
Tiballi discloses e. a communications network to capture data from at least one of said plurality of remote detection instruments such that said remote detection instruments can transmit data collected by said at least one of said plurality of remote detection instruments to said computing device (Paras. 31-33 and 35-37) (Collected and sensed data may be transmitted from sensors 125 a-c through a field gateway 120 to the network 115 and/or one or more cloud-based or cloudlet hubs… The data may be … accessed using on, for example, an app-based platform using a user device 130, 135)
Tiballi discloses viii. computer readable instructions which when executed by said at least one processor: perform actions (Para. 122) (The systems and methods disclosed herein can also be implemented as instructions on a computer-readable information storage media that when executed by one or more processors cause to be performed any of the above aspects disclosed herein)
Tiballi discloses the actions including 2. cause said at least one processor to transmit a location for said selected green infrastructure to said image capture device, and 3. cause said image capture device to transmit captured images to said processor (Abst.; Paras. 36, 43 and 82) (One or more satellites 105 may be used to monitor and capture geospatial data relating to sites within a geographical region (i.e., a location for said selected green infrastructure)… in some embodiments devices other than satellites 105 may acquire the data, such as planes or drones)
Tiballi discloses 4. cause said at least one of said plurality of remote detection instruments to transmit detected soil data to said processor (Paras. 31-33) (Crop and soil sensors 125 a, 125 b … may be configured to collect data at a roof level. Data collected by crop and soil sensors 125 a, 125 b …. may be processed either locally using on-board microprocessor and AI algorithms or after being transmitted through a field gateway 120 to the network 115 for interpretation and distribution to app-based devices.
Tiballi discloses 5. cause said at least one of said plurality of remote detection instruments to transmit detected moisture data to said processor; and 6. cause said at least one of said plurality of remote detection instruments to transmit detected air quality data to said processor, (Para. 51-52, 54, and 59-60) (On the ground, one or more sensors may be used to collect data… the data points from the sensors may include some or all of the following: soil moisture, … air quality (micro-particle counts), etc…Sensor data may be processed in a variety of ways. In a first scenario, data may be processed at 24 via a processing device).
Tiballi discloses said non-transient memory comprising: 3. a set of green infrastructure evaluation rules that associate green infrastructure metric conditions with a positive or negative effect on green infrastructure health; data pertaining to green infrastructures and vii. a green infrastructure improvement and maintenance database, including a set of green infrastructure improvement and maintenance rules that associate various green infrastructure image data, soil data, soil moisture data, air quality data, to a corresponding set of green infrastructure improvement and maintenance recommendations (Paras. 36-38, 51, 93-95, 97) (Based on the received data, one or more metrics may be generated by the computer system (i.e., green infrastructure metric conditions) … metrics may be associated with the agriculture space with which each sensor is associated…the computer system may also generate one or more recommendations based on the data received from the one or more sensors. For example, AI analytics, NDVI algorithms, SFI algorithms, or other system (i.e., a set of green infrastructure evaluation rules that associate green infrastructure metric conditions with a positive or negative effect on green infrastructure health; a set of green infrastructure improvement and maintenance rules that associate various green infrastructure image data, soil data, soil moisture data, air quality data, to a corresponding set of green infrastructure improvement and maintenance recommendations )adapted to process any crop and/or micro-climate data may be configured to generate an output distributable to one or more users such as farmers).
Tiballi discloses compare said captured images, said detected soil data, said detected moisture data, and said detected air quality data to said green infrastructure improvement and maintenance rules to identify a corresponding set of infrastructure improvement and maintenance recommendations; evaluation for green infrastructures (Paras. 36-38, 51, 93-95, 97) (Based on the data… the data points from the sensors may include some or all of the following: soil moisture, soil pH levels, leaf health, growth measurements, evapotranspiration, temperature, humidity, wind speed, wind direction, solar radiation/UV, rain collection levels, air quality (i.e., said captured images, said detected soil data, said detected moisture data, and said detected air quality data)…recommendations may be provided to a farmer, such as water recommendations, fertilizer recommendations, crop recommendations, planting recommendations, harvesting recommendations, soil augmentation recommendations, collaborative farming recommendations, etc. (i.e., to identify a corresponding set of infrastructure improvement and maintenance recommendations)… he computer system may also generate one or more recommendations based on the data received from the one or more sensors. For example, AI analytics, NDVI algorithms, SFI algorithms, or other system adapted to process any crop and/or micro-climate data may be configured to generate an output distributable to one or more users such as farmers (i.e., compare said … data to said green infrastructure improvement and maintenance rules to identify a corresponding set of infrastructure improvement and maintenance recommendations).)
Tiballi discloses transmits or displays to said user device one or more of said green infrastructure improvement and maintenance recommendations (Paras. 95, 97 ) (…a user interface comprising the generated metrics may be generated. The user interface may comprise a summary of data associated with the sensors from which the data was received. The user interface may also comprise any recommendations generated by the computer system. Using an application platform such as a decentralized application-based, web or mobile, data platform, the generated recommendations and metrics may be disseminated to a number of users).
As discussed above, Tiballi discloses data pertaining to green infrastructures. Tiballi does not explicitly disclose or teach, however, DiMaggio teaches i. a standards database including 1. state and federal regulations (pertaining to green infrastructures) (Paras. 44, 47) (…a set of first host data from a host database 104 (also referred to as host compliance database 104)… the first set of host data comprises federal regulatory requirement data, state regulatory requirement data).
As discussed above, Tiballi discloses evaluation for green infrastructures. Tiballi does not explicitly disclose or teach, however, DiMaggio teaches 1. cause said user interface to prompt said user to enter one or more items (green infrastructures) for evaluation (Paras. 58, 65) (System 100F can further employ a portal component 222 … that…facilitates an interactive analysis of client data at an interface corresponding to a client device 220…A diagram showing further details of the inputs for the client compliance database 106 is shown in FIG. 4. The diagram illustrates the four categories of client input data included in the client compliance data 224 which are covered in the comprehensive evaluation process).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include compliance database and client data input of DiMaggio with the green infrastructure system of Tiballi in order to provide user satisfaction with assisting in meeting compliance.
As discussed above, Tiballi discloses data pertaining to green infrastructures and DiMaggio teaches the standards database. Tiballi in view of DiMaggio does not explicitly disclose or teach, however, Ramanathan teaches that the standards database includes 2. scientific publications (pertaining to green infrastructures) (Para. 77) (… the one or more database server devices 114 may include or store exogenous data. The exogenous data may comprise… scientific publications).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the scientific publications of Ramanathan with the compliance database Tiballi in in view of DiMaggio in order to meet additional compliance goals.
In regard to claim 2, Tiballi wherein said computing device comprises a network of distributed processors and non-transient memories (Fig. 4, Paras. 75-76, 118, 140, 122, 181-185) (It should be noted that the functionality associated with any particular controller may be centralized or distributed, whether locally or remotely… should be appreciated each…of the computer … may reside on a single machine or a multitude of machines (i.e., said computing device comprises a network of distributed processors).)
In regard to claim 3, Tiballi discloses wherein said electronic communication is wireless (Paras. 43, 108-110) (For example, single or multiple data points may be captured from aerial devices such as planes or drones … The geospatial data may next be transmitted to a cloud-based network… a communications enabled drone or UAV).
In regard to claim 4, Tiballi discloses wherein said communications network is wireless (Paras. 75 and 108-113) (The network 412 may include several networks, including but not limited to …wireless).
Prior Art
The following prior art, made of record and not relied upon, is considered pertinent to Applicant’s disclosure:
U.S. Patent Application Publication No. 2021/0365683 to Badhwar et al. (hereinafter “Badhwar”). Badhwar discloses an image processing based advisory system for precision agriculture and for quality evaluation and sorting of agricultural products.
U.S. Patent Application Publication No. 2023/0135150 to Kale et al. (hereinafter “Kale”). Kale discloses identifying field conditions of a field. Soil conditions, weather conditions, moisture levels, and other factors may be used to determine whether a target site may result in machine sink of a target piece of equipment.
U.S. Patent Application Publication No. 2017/0032258 to Miresmailli et al. (hereinafter “Miresmailli”). Miresmailli discloses systems and methods for monitoring and assessing crop health and performance to provide rapid screening of individual plants.
U.S. Patent No. 11,074,447 to Fox et al. (hereinafter “Fox”). Fox discloses determining the health of plant material based on values of pixels in a stitched image corresponding to a first set of geographic coordinates.
U.S. Patent Application Publication No. 2024/0257529 to Rude et al. (hereinafter “Rude”). Rude discloses automatically capturing and extracting data from images of agricultural field crops, weeds, and soil within management zones representing soil, water, and topography (SWAT) features of a field wherein the camera system is mounted onto and powered by any vehicle that may pass over agricultural fields. Images and data extracted from the images are automatically uploaded to a processing server for viewing and analysis by farmers and agricultural service providers. The images are analyzed by machine learning processes to document critical weed and crop data by SWAT management zone and entire fields.
U.S. Patent Application Publication No. 2015/0022656 to Carr et al. (hereinafter “Carr”. Carr discloses geospatial image capture, registration and 2D or 3D mosaicking, that employs automated imagery processing and airborne image mapping technologies for generation of geo-referenced Orthomosaics and Digital Elevation Models from aerial images obtained by UAVs and/or manned aircraft.
“Governing metropolitan green infrastructure in the United States” by Young et al., dated January 2013 (hereinafter “Young”). Young discloses the enhancement of urban ecosystem services through large-scale, metropolitan tree-planting initiatives planned and executed as a component of traditional municipal government in environmental governance.
“Roles for government and other sectors in the governance of green infrastructure in the U.S.” by Harrington et al., dated 2018 (hereinafter “Harrington”). Harrington discloses government leadership both at the federal and local levels remaining central to implementing green infrastructure for stormwater management.
Conclusion
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/RUPANGINI SINGH/
Primary Examiner, Art Unit 3628
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