Systems and Methods for Soil Analysis
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 02/16/2025, 11/07/2025 and 02/26/2026 are being considered by the examiner.
Claim Objections
Claim 18 is objected to because of the following informalities: the limitation “the spectrometer” should read “a spectrometer”. Appropriate correction is required.
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.
Claim 9 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 9, the limitation “configured to determine the moisture, texture, and/or carbon content” is unclear if at least moisture and texture determination or carbon content are required. For the purpose of examination, the examiner interprets the limitation as “configured to determine at least one of moisture, texture or carbon content”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 2, 4-6 and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Preti (ITFI 20130176; "Preti").
Regarding claim 2, Preti discloses, in figures 1-5, a rotational soil penetrometer (1), comprising: a head (5), a cavity (see Preti’s translation, p. 7, ¶ 2, “inside the core”) formed in the head (5), a shaft (7, 9) extending from a proximal end portion of the head (5), a spectrometer (17) mechanically coupled (see figure 2, examiner notes Preti’s spectrometer is at least connected by optical fiber cables and electrical connections therefore the spectrometer is mechanically coupled to the perforating head which is connected to the extension rod and core) to the shaft (7, 9) and optically coupled (see Preti’s translation, p. 7, ¶ 5, “optical fibers or other light-guiding elements connecting the perforating head 25 to the spectrometer 17”) to a portion of the head (5), and an optics module (15, 29) configured to be received into the cavity (see previous comment) to optically couple the optics module (15, 29) to the spectrometer (17) wherein the rotational soil penetrometer (1) is configured to rotate (see Preti’s translation, p. 10, ¶ 2, “various points C1-Cn may be collected by a rotation by steps of the drilling tool 5”) the optics module (15, 29) during use.
Regarding claim 4, Preti discloses, in figures 1-5, the optics module (15, 29) is received in (examiner notes at least the fiber optic cable is inside Preti’s core) the cavity (see Preti’s translation, p. 7, ¶ 2, “inside the core”).
Regarding claim 5, Preti discloses, in figures 1-5, the spectrometer (17) is optically connected to the optics module (15, 29) by an optical fiber (29).
Regarding claim 6, Preti discloses, in figures 1-5, the optics module (15, 29) is configured to measure reflectance from illuminated soil (p. 9, ¶ 4, “collecting the reflected or scattered radiation from the surface itself, then conveying it, via the light guide contained in the drilling tool 5 and possibly in the extension rods 7, towards the spectrometer 17”).
Regarding claim 13, Preti discloses, in figures 1-5, an optics module (15, 29) for a soil penetrometer (1), the optics module ((9, 15, 29) see Preti’s translation, p. 7, ¶ 2, “LED or a lamp”) comprising: a light source (see previous comment), a window (15) disposed on an exterior surface (see fig. 3) of the optics module (see previous comment), and one or more optical components (15) configured to direct light from the light source (see previous comment) onto soil (I) adjacent to the window (15), wherein the optics module (see previous comment) is configured to direct reflected light from the soil (I) to a penetrometer (1) capable of measuring reflectance from the soil (see Preti’s translation, p. 9, ¶ 4, “collecting the reflected or scattered radiation from the surface itself, then conveying it, via the light guide contained in the drilling tool 5 and possibly in the extension rods 7, towards the spectrometer 17”), wherein the optics module (see previous comment) is configured to rotate during use (see Preti’s translation, p. 10, ¶ 2, “various points C1-Cn may be collected by a rotation by steps of the drilling tool 5”).
Regarding claim 14, Preti discloses, in figures 1-5, the optics module ((9, 15, 29) see Preti’s translation, p. 7, ¶ 2, “LED or a lamp”) is configured to transmit optical data (see Preti’s translation, p. 7, ¶ 5, “optical fibers or other light-guiding elements connecting the perforating head 25 to the spectrometer 17”) to a spectrometer (17) while rotating relative to the spectrometer (see fig. 2, examiner notes Preti’s drilling tool and extension rods rotate relative to the perforating head which is the connection point of the spectrometer).
Claim 18 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grabbert (US 20210223226; “Grabbert”).
Regarding claim 18, Grabbert discloses, in figures 4-5, an optics module (5) for a soil penetrometer (1), the optics module (5) comprising: a light source (25), a window (27) disposed on an exterior surface (see fig. 5) of the optics module (5), one or more optical components (25, 27) configured to direct light from the light source onto soil (11) adjacent to the window (27), and a shutter (28) configured to be actuated between an open configuration and a closed configuration (see fig. 5, ¶ 0093, “a closing or shutter device 28, which is essentially a disc-shaped screen which can be extended (and retracted again)”); wherein the shutter (28) exposes (see fig. 5) the window (27) to the light source (25) in the open configuration, and wherein the shutter (28) blocks (see fig. 5) the window (27) from the light source (25) in the closed configuration, and wherein the shutter comprises a calibration surface (29) configured to provide a reference signal to the spectrometer (26a, 26b) when the shutter is in the closed configuration.
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 3 are ejected under 35 U.S.C. 103 as being unpatentable over Preti (ITFI 20130176; "Preti"), in view of Grabbert (US 20210223226; “Grabbert”).
Regarding claim 3, Preti discloses, in figures 1-5, a soil penetrometer (1), comprising: a head (5), a cavity (see Preti’s translation, p. 7, ¶ 2, “inside the core”) formed in the head (5), a shaft (7, 9) extending from a proximal end portion of the head (5), a spectrometer (17) mechanically coupled (see figure 2, examiner notes Preti’s spectrometer is at least connected by optical fiber cables and electrical connections therefore the spectrometer is mechanically coupled to the perforating head which is connected to the extension rod and core) to the shaft (7, 9) and optically coupled (see Preti’s translation, p. 7, ¶ 5, “optical fibers or other light-guiding elements connecting the perforating head 25 to the spectrometer 17”) to a portion of the head (5).
Preti fails to disclose a shutter.
Grabbert teaches, in figure 5, a shutter (28) configured to be actuated between an open configuration and a closed configuration (see fig. 5, ¶ 0093, “a closing or shutter device 28, which is essentially a disc-shaped screen which can be extended (and retracted again)”), and an optics module (25, 26a, 26b, 27) that comprises the shutter (28) and is configured to be received into the cavity to optically couple the optics module to the spectrometer (see fig. 5, examiner notes Grabbert’s sapphire window, spectrometers and LED are located in the cavity, further the examiner asserts the gas in the open space between the protective optical system and the spectrometers optically couples elements of the module to the spectrometers) wherein the shutter (28) exposes a window (27) of the optics module (see previous comment) in the open configuration (see fig. 5), and wherein the shutter (28) blocks the window (27) of the optics module (see previous comment) in the closed configuration (see fig. 5), and wherein the shutter (28) comprises a calibration surface (29) configured to provide a reference signal to the spectrometer (26a, 26b) when the shutter (28) is in the closed configuration (¶ 0093, “The calibration coating 29 serves as a calibration reference with the aid of which the absorption spectrometers 26a, 26b can be calibrated in situ when, for this purpose, the screen has been extended into the space between the absorption spectrometers 26a, 26b and the protective optical system 27”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Grabbert’s scheme of designing a spectrometer system with a shutter to selectively expose the meter to calibration coating into Preti’s scheme of soil analysis since it is well known to combine prior art elements according to known methods to yield predictable results. Doing so provides a reliable way of ensuring system accuracy.
Claims 7-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Preti (ITFI 20130176; "Preti") as applied to claim 2 above.
Regarding claim 7, Preti fails to disclose detecting a particular wavelength of light.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure a soil analysis spectrometer to detect light having a wavelength between 100 nm and 25000 nm, since the general conditions of the claim are disclosed in the prior art, since discovering the optimum or workable ranges involves only routine skill in the art. Doing so provides a wide spectrum to analyze producing comprehensive soil properties information.
Regarding claim 8, Preti fails to disclose detecting a particular wavelength of light.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure a soil analysis spectrometer to detect light having a wavelength between 750 nm and 5000 nm, since the general conditions of the claim are disclosed in the prior art, since discovering the optimum or workable ranges involves only routine skill in the art. Doing so provides a spectrum optimized for rough soils while remaining cost effective.
Regarding claim 10, Preti fails to disclose a global navigation satellite system (GNSS) receiver.
The Examiner takes official notice that GNSS is well-known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the well-known system of GNSS to bias to generate position data as meta data belonging to penetrometer measurements. Doing so provides accurate tracking of soil characteristics.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Preti (ITFI 20130176; "Preti") as applied to claim 2 above, further in view of Mangeat (US 20230026607; “Mangeat”).
Regarding claim 9, Preti fails to disclose determining moisture, texture and/or carbon content.
Mangeat teaches determining the moisture, texture, and/or carbon content of the soil spectroscopically (¶ 0130, “visible, infrared, and blue light can be useful for detecting level of nutrients, level of available nutrients, ionic concentration of the soil solution, temperature, moisture, pH, level of organic matter and soil texture”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Mangeat’s scheme of spectrographically detecting levels of moisture organic matter and soil texture into Preti’s scheme of soil analysis since it is well known to combine prior art elements according to known methods to yield predictable results. Doing so provides a reliable way of expanding soil characterization.
Claims 11-12 are ejected under 35 U.S.C. 103 as being unpatentable over Preti (ITFI 20130176; "Preti") as applied to claim 2 above, further in view of Grabbert (US 20210223226; “Grabbert”).
Regarding claim 11, Preti fails to disclose a shutter.
Grabbert teaches, in figure 5, a shutter (28) in the optics module (25, 26a, 26b, 27), wherein the shutter (28) exposes (see fig. 5) a window (27) of the optics module (25, 26a, 26b, 27) in the open configuration, and wherein the shutter (28) blocks (see fig. 5) the window (28) of the optics module (25, 26a, 26b, 27) in the closed configuration.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Grabbert’s scheme of designing a spectrometer system with a shutter to selectively expose the meter to environmental data into Preti’s scheme of soil analysis since it is well known to combine prior art elements according to known methods to yield predictable results. Doing so provides a reliable way of isolating fragile optical components.
Regarding claim 12, Preti and Grabbert disclose, in Grabbert’s figure 5, the shutter (Grabbert (28)) comprises a calibration surface (Grabbert (29)) configured to provide a reference signal (¶ 0093, “The calibration coating 29 serves as a calibration reference with the aid of which the absorption spectrometers 26a, 26b can be calibrated in situ when, for this purpose, the screen has been extended into the space between the absorption spectrometers 26a, 26b and the protective optical system 27”) to the spectrometer (Grabbert (26a, 26b)) when the shutter (Grabbert (28)) is in the closed configuration (see Grabbert’s fig. 5).
Claims 15-17 are ejected under 35 U.S.C. 103 as being unpatentable over Preti (ITFI 20130176; "Preti") as applied to claim 13 above, further in view of Grabbert (US 20210223226; “Grabbert”).
Regarding claim 15, Preti fails to disclose a shutter.
Grabbert teaches, in figure 5, a shutter (28) configured to be actuated between an open configuration and a closed configuration (see fig. 5, ¶ 0093, “a closing or shutter device 28, which is essentially a disc-shaped screen which can be extended (and retracted again)”); wherein the shutter (28) exposes (see fig. 5) the window (27) to the light source (25) in the open configuration, and wherein the shutter (28) blocks (see fig. 5) the window (27) from the light source (25) in the closed configuration.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Grabbert’s scheme of designing a spectrometer system with a shutter to selectively expose the meter to environmental data into Preti’s scheme of soil analysis since it is well known to combine prior art elements according to known methods to yield predictable results. Doing so provides a reliable way of isolating fragile optical components.
Regarding claim 16, Preti and Grabbert disclose, in Grabbert’s figure 5, the shutter (Grabbert (28)) comprises a calibration surface (Grabbert (29)) configured to provide a reference signal to the spectrometer (Grabbert (26a, 26b)) when the shutter (Grabbert (28)) is in the closed configuration (see Grabbert’s fig. 5).
Regarding claim 17, Preti and Grabbert disclose, in Preti’s figures 1-5, the optics module (Preti (9, 15, 17, 29)) is configured to measure reflectance from illuminated soil (see Preti’s translation, p. 9, ¶ 4, “collecting the reflected or scattered radiation from the surface itself, then conveying it, via the light guide contained in the drilling tool 5 and possibly in the extension rods 7, towards the spectrometer 17”).
Claims 18-21 are ejected under 35 U.S.C. 103 as being unpatentable over Preti (ITFI 20130176; "Preti") as applied to claim 13 above, further in view of Grabbert (US 20210223226; “Grabbert”).
Regarding claim 18, Preti discloses, in figures 1-5, an optics module ((9, 15, 29) see Preti’s translation, p. 7, ¶ 2, “LED or a lamp”) for a soil penetrometer (1), the optics module comprising: a light source (see Preti’s translation, p. 7, ¶ 2, “LED or a lamp”), a window (15) disposed on an exterior surface of the optics module (see fig. 3), one or more optical components (15) configured to direct light from the light source (see previous comment) onto soil (I) adjacent to the window (15).
Preti fails to disclose a shutter.
Grabbert teaches, in figure 5, a shutter (28) configured to be actuated between an open configuration and a closed configuration (see fig. 5, ¶ 0093, “a closing or shutter device 28, which is essentially a disc-shaped screen which can be extended (and retracted again)”), wherein the shutter (28) exposes (see fig. 5) the window (27) to the light source (25) in the open configuration, and wherein the shutter (28) blocks (see fig. 5) the window (27) from the light source (25) in the closed configuration, and wherein the shutter comprises a calibration surface (29) configured to provide a reference signal (¶ 0093, “The calibration coating 29 serves as a calibration reference with the aid of which the absorption spectrometers 26a, 26b can be calibrated in situ when, for this purpose, the screen has been extended into the space between the absorption spectrometers 26a, 26b and the protective optical system 27”) to the spectrometer (26a, 26b) when the shutter is in the closed configuration (see fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Grabbert’s scheme of designing a spectrometer system with a shutter to selectively expose the meter to calibration coating into Preti’s scheme of soil analysis since it is well known to combine prior art elements according to known methods to yield predictable results. Doing so provides a reliable way of ensuring system accuracy.
Regarding claim 19, Preti and Grabbert disclose, in Preti’s figures 1-5, the optics module ((9, 15, 29) see Preti’s translation, p. 7, ¶ 2, “LED or a lamp”) is configured to rotate during use (see Preti’s translation, p. 10, ¶ 2, “various points C1-Cn may be collected by a rotation by steps of the drilling tool 5”).
Regarding claim 20, Preti and Grabbert disclose, in Preti’s figures 1-5, the optics module ((9, 15, 29) see Preti’s translation, p. 7, ¶ 2, “LED or a lamp”) is configured (examiner notes that the limitation, “to transmit optical data to a spectrometer while rotating relative to the spectrometer” is a functional language type limitation. Applicant is reminded that functionality must be distinguished from the prior art structure's inherent functionality. In the instant case, Preti’s device is capable of transmitting optical data to the spectrometer while rotating because “rotating joint 39 allows the passage of the optical radiation from the window 15 to the spectrometer 17, i.e. allows taking the radiation coming from the internal surface of the perforation into a plurality of angular positions of the drilling tool” see Preti’s translation p. 8, ¶ 2, also See MPEP 2114.).
Regarding claim 21, Preti and Grabbert disclose, in Preti’s figures 1-5, the optics module ((9, 15, 29) see Preti’s translation, p. 7, ¶ 2, “LED or a lamp”) is configured to measure reflectance (see Preti’s translation, p. 9, ¶ 4, “collecting the reflected or scattered radiation from the surface itself, then conveying it, via the light guide contained in the drilling tool 5 and possibly in the extension rods 7, towards the spectrometer 17”) from illuminated soil (I).
Examiner Note
Grabbert (US 20210223226) discloses a penetrometer with a GPS radio module.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY P GRAVES whose telephone number is (469)295-9072. The examiner can normally be reached M-F 8 a.m. - 5 p.m..
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/TIMOTHY P GRAVES/Primary Examiner, Art Unit 2855
