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 .
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.
Claim(s) s 23-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ragless (U.S. Patent Number 6,782,909), and further in view of Torii et al. (U.S. Patent Application Publication Number 2009/298,685; hereinafter referred to as Torii).
With respect to claim 23, Ragless discloses a method of measuring soil water potential comprising a. providing a water potential effector apparatus (see Figures 2 and 3) comprising a housing (10 or 20) comprising at least one portion that is water permeable (there is an unnumbered portion that is shown above the ceramic 12 and 26; see also column 2, lines 30 through 41); a volume changing material (VCM) capable of retaining water (hydrogel 11 or 21) with an inner surface of said housing contacting directly the VCM (hydrogel 11 is shown to directly contact the inner surface of the housing 10 or 20), operating to detect increase or decrease of a volume of the VCM corresponding to changes in water potential of the soil (see column 2, lines 5 through 24), b. with at least a portion of the housing inserted into the soil, increasing the volume of the VCM when the VCM is operationally engaged with a receiver, and converting by the receiver a force applied by the VCM and representative of the water potential, into an electrical or mechanical signal (see column 2, lines 16 through 63); and C. measuring the water potential in the soil (see column 1, lines 15 through 34), Ragless does, however fail to disclose wherein the VCM is a hydrogel, and the hydrogel is made of homopolymers or copolymers of Aminopropyl)methacrylamide Butylacrylamide, N,NDiethylacrylamide, Alkylacrylamide, hydrochloride, Diacetone N,N-Diethylmethacrylamide, Dimethylacrylamide, (Dimethylamino)propyl]methacrylamide, N-(3 N-tert acrylamide, N,N N-[3 N-Ethylacrylamide, N,N'-Hexamethylenebis (methacrylamide), N Hydroxyethylacrylamide, N (Hydroxymethyl) acrylamide, (4 Hydroxyphenyl)methacrylamide, N- (Isobutoxymethyl) 2 methacrylamide, NIsopropylacrylamide, Hydroxypropyl acrylamide, N-Isopropylacrylamide, N Isopropylmethacrylamide, Methacrylamide or any derivative thereof. However, Torii discloses the use of a water absorbing agent. Torii specifically discloses the use of a hydrolysate of an acrylamide (co)polymer. One of ordinary skill in the art would be motivated to use the water absorbing resin particles of Torri with the device of Ragless since the resin in Torri is disclosed to have a better liquid suction rate per unit time.
With respect to claim 24, the method of claim 23, wherein the concentration of the VCM occupies between 5% to 90% of the space inside the housing would be deemed as illustrated in at least figures 2 and 3 of Ragless.
With respect to claim 25, the method of claim 23, wherein the receiver comprises at least one sensor selected from the group consisting of a pressure sensor, a traveling sensor, a force sensor, a valve, and a gauge is disclosed in column 7, lines 51-54 of Ragless.
With respect to claim 26, the method of claim 23, wherein the receiver is selected from the group consisting of a piston, a valve, a membrane, a transducer, a load cell, and a gauge is disclosed at least in column 3, lines 7 through 15 and at least column 6, lines 59 through 63 of Ragless.
With respect to claim 27, the method of claim 23, wherein the water permeable portion comprises a porous material is disclosed in at least column 2, lines 30 through 41 of Ragless.
With respect to claim 28, the method of claim 27, wherein the porous material is selected from a natural membrane, a synthetic membrane, a semi-synthetic membrane, and a clay is disclosed in at least column 6, lines 53 through 58.
With respect to claim 29, the method of claim 23, wherein the apparatus is linked to an above ground readout or a display is disclosed in at least Figures 2 and 3.
With respect to claim 30, Ragless discloses and illustrates an apparatus (see Figures 2 and 3) comprising: a housing (10 or 20) comprising at least one portion that is water permeable (there is an unnumbered portion that is shown above the ceramic 12 and 26; see also column 2, lines 30 through 41); b. a volume changing material (VCM) capable of retaining water (hydrogel 11 or 21), wherein said VCM increases or decreases its volume in response to increased or decreased water concentration respectively (see column 2, lines 5 through 24), and wherein said VCM is in direct contact with an inner surface of said at least one water permeable portion of said housing (hydrogel 11 is shown to directly contact the inner surface of the housing 10 or 20); a compressible insert configured to maintain at least a predetermined inner pressure within said apparatus (see column 6, lines 6 through 31); and d. a receiver configured to engage the VCM receiver (the membrane 13 and liquid mercury 14), compressible insert or both at or above a predetermined threshold of water concentration and configured to transduce a signal when engaged, when disengaged, or both, wherein, VCM is a hydrogel (hydrogel 11 or 21). Ragless fails to disclose that the hydrogel is made of homopolymers or copolymers of Alkylacrylamide, N- (3 Aminopropyl) methacrylamide hydrochloride, N-tert-Butylacrylamide, Diacetone acrylamide, N,NDiethylacrylamide, N,N Diethylmethacrylamide, N,N Dimethylacrylamide, [3 (Dimethylamino)propyl |methacrylamide, N-Ethylacrylamide, N,N' Hexamethylenebis (methacrylamide) , N-Hydroxyethylacrylamide, N (Hydroxymethyl) acrylamide, (4-Hydroxyphenyl)methacrylamide, 2 Hydroxypropyl-methacrylamide, N-(Isobutoxymethyl) acrylamide, NIsopropylacrylamide, N-Isopropylacrylamide, N Isopropylmethacrylamide, Methacrylamide or any derivative thereof. However, Torii discloses the use of a water absorbing agent. Torii specifically discloses the use of a hydrolysate of an acrylamide (co)polymer. One of ordinary skill in the art would be motivated to use the water absorbing resin particles of Torri with the device of Ragless since the resin in Torri is disclosed to have a better liquid suction rate per unit time.
With respect to claim 31, the method of claim 30, wherein the concentration of the VCM occupies between 5% to 90% of the space inside the housing would be deemed as illustrated in at least figures 2 and 3 of Ragless.
With respect to claim 32, the method of claim 30, wherein the receiver comprises at least one sensor selected from the group consisting of a pressure sensor, a traveling sensor, a force sensor, a valve, and a gauge is disclosed in column 7, lines 51-54 of Ragless.
With respect to claim 33, the method of claim 30, wherein the receiver is selected from the group consisting of a piston, a valve, a membrane, a transducer, a load cell, and a gauge is disclosed at least in column 3, lines 7 through 15 and at least column 6, lines 59 through 63 of Ragless.
With respect to claim 34, the method of claim 30, wherein the water permeable portion comprises a porous material is disclosed in at least column 2, lines 30 through 41 of Ragless.
With respect to claim 35, the method of claim 34, wherein the porous material is selected from a natural membrane, a synthetic membrane, a semi-synthetic membrane, and a clay is disclosed in at least column 6, lines 53 through 58.
With respect to claim 36, the method of claim 34, wherein said porous material is selected from a natural, a synthetic, or a semi-synthetic membrane is disclosed in at least column 6, lines 53 through 58.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY T FRANK whose telephone number is (571)272-2193. The examiner can normally be reached M-F 9am-5:30pm.
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RODNEY T. FRANK
Examiner
Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
August 25, 2026
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