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 Objections
Claim 27 is objected to because of the following informalities: Line 2 “po” seems to be a typo. The examiner is unsure what this word should be. Appropriate correction is required.
Claim 25 is objected to because of the following informalities: Line 1 “location” should be –geolocations--. Appropriate correction is required.
Applicant is advised that should claims 6, 12, 14, 15, 16 or 27 be found allowable, corresponding claims 8, 19, 21, 22, 23 and 30 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates [as per claims 19, 21, 22 and 23] or else are so close in content that they both cover the same thing, despite a slight difference in wording [as per claims 8 and 30], 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).
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 11-15, 17-22, 24-26, 28 and 29 are rejected under 35 U.S.C. 102(a)(1) &(a)(2) as being anticipated by Van Houweling et al. (U.S. Publication No. 2021/0140908, hereinafter Van).
With respect to Claim 1, Van discloses a sensor system, comprising: a plurality of probes [14; fig 10; para 90 shows plurality];
wherein the plurality of probes are configured to be inserted into soil [para 309];
wherein when the plurality of probes are inserted into soil, the plurality of probes are configured to makes measurements of the soil at a plurality of depths [para 309];
a monitoring system [59; para 119]; the monitoring system communicatively connected to the plurality of probes and configured to receive data related to the measurements of the soil from the plurality of probes [para 119].
With respect to Claim 2, Van discloses that the monitoring system is configured to determine nutrient levels at the plurality of depths at geolocations where the plurality of probes are located based on the data received from the plurality of probes [nutrient sensors 110; fig 14; para 175].
With respect to Claim 3, Van discloses that the monitoring system is configured to determine moisture levels at the plurality of depths at geolocations where the plurality of probes are located based on the data received from the plurality of probes [moisture sensors 26 in fig 6; para 133].
With respect to Claim 4, Van discloses that the monitoring system is configured to determine soil temperature at geolocations where the plurality of probes are located based on the data received from the plurality of probes [temperature sensors 26 in fig 6; para 133].
With respect to Claim 11, Van discloses that the monitoring system is configured to track nutrient and/or moisture levels over time at the plurality of depths at geolocations where the plurality of probes are located based on the data received from the plurality of probes; wherein the monitoring system is configured to predict when fertilization will be required based on the tracked nutrient and/or moisture levels [para 94 and 255 uses predictions from sensors to add water and nutrients in the form of fertilizer to the field.].
With respect to Claim 12, Van discloses that the monitoring system is configured provide a user interface; wherein the user interface is configured to display nutrient and/or soil solution and/or moisture levels at geolocations where the plurality of probes are located based on the data received from the plurality of probes [para 256 describes a display 14 that shows the nutrient and moisture levels of the soil to the farmer].
With respect to Claim 13, Van discloses that the monitoring system is configured provide a user interface; wherein the user interface is configured to display a soil status at geolocations where the plurality of probes are located based on the data received from the plurality of probes; wherein the soil status indicates current nutrient and/or soil solution and/or moisture levels of the soil as well as required nutrient and/or soil solution and/or moisture levels for crops at the geolocations where the plurality of probes are located [para 256 describes a display 14 that shows the nutrient and moisture levels of the soil to the farmer and para 259 describes adding water and nutrients if the levels are low. You can only know if levels are low if you know the required levels].
With respect to Claim 14, Van discloses that the monitoring system is configured to determine nutrient levels of the soil at the geolocations where the plurality of probes are located; wherein the monitoring system is configured to determine an amount of fertilizer required to be applied to provide target levels of nutrients at the geolocations where the plurality of probes are located; wherein the monitoring system is configured to provide a user interface; wherein the user interface is configured to convert and display the determined amount of fertilizer in pounds per acre [para 256 describes a display 14 that shows the nutrient and moisture levels of the soil to the farmer and para 259 describes adding water and nutrients if the levels are low. You can only know if levels are low if you know the required levels. Para 258 gives the fertilizer in pounds per acre].
With respect to Claim 15, Van discloses that the monitoring system is configured to automatically initiate one or more actions based on data received from the plurality of probes [para 258; the system automatically imitates the action of informing the farmer when water and fertilizer needs to be added].
With respect to Claim 17, Van discloses that the plurality of probes respectively include a plurality of sensor modules [fig 10 shows modules 24]; wherein the plurality of sensor modules include a co-located a temperature sensor assembly [28; fig 10] and a fertility sensor [30; fig 10] assembly; wherein the fertility sensor assembly of the plurality of sensor modules include at least one nutrient sensor [para 161 shows tracking multiple nutrients], wherein the at least one nutrient sensor includes a layer or material having at least one perforation [para 186 shows perforations 118].
With respect to Claim 18, Van discloses that the plurality of probes respectively include a co-located a temperature sensor assembly and a nutrient sensor assembly [para 131 co-locates temp 28 and fertility 30; para 161 shows fertility module tracking multiple nutrients]; wherein a temperature measurement taken by the temperature sensor assembly is used to normalize a nutrient measurement taken by the nutrient sensor assembly [para 43 normalizes nutrients].
With respect to Claim 19, Van discloses that the monitoring system is configured provide a user interface; wherein the user interface is configured to display nutrient and/or soil solution and/or moisture levels at geolocations where the plurality of probes are located based on the data received from the plurality of probes [para 256 shows the sensor data on display 44].
With respect to Claim 20, Van discloses that the monitoring system is configured provide a user interface; wherein the user interface is configured to display a soil status at geolocations where the plurality of probes are located based on the data received from the plurality of probes; wherein the soil status indicates current nutrient and/or soil solution and/or moisture levels of the soil as well as required nutrient and/or soil solution and/or moisture levels for crops at the geolocations where the plurality of probes are located [para 256 shows the sensor data on display 44; para 259 indicates adding water and nutrients when they are low. You can only know when something is low if you know what is required].
With respect to Claim 21, Van discloses that the monitoring system is configured to determine nutrient levels of the soil at the geolocations where the plurality of probes are located; wherein the monitoring system is configured to determine an amount of fertilizer required to be applied to provide target levels of nutrients at the geolocations where the plurality of probes are located; wherein the monitoring system is configured to provide a user interface; wherein the user interface is configured to convert and display the determined amount of fertilizer in pounds per acre [para 256 describes a display 14 that shows the nutrient and moisture levels of the soil to the farmer and para 259 describes adding water and nutrients if the levels are low. You can only know if levels are low if you know the required levels. Para 258 gives the fertilizer in pounds per acre].
With respect to Claim 22, Van discloses that the monitoring system is configured to automatically initiate one or more actions based on data received from the plurality of probes [para 258; automatically tells farmer when water and nutrients need to be added].
With respect to Claim 24, Van discloses an environmental sensor system, comprising: a plurality of probes [14; fig 10; para 90 shows plurality]; wherein the plurality of probes are configured to be positioned at a set of geolocations that are distributed over an area [fig 1 shows probes 14 around a field 12; see para 92]; wherein the plurality of probes are configured to make measurements of water at the set of geolocations [fig 6, moisture sensors 26; para 133]; a monitoring system [56; para 119]; the monitoring system communicatively connected to the plurality of probes and configured to receive data related to the measurements from the plurality of probes [para 119].
With respect to Claim 25, while Van doesn’t specify that the water at the geolocations includes stationary surface water, flowing water, or ground water, when a field is watered some water flows, some is stationary and groundwater exist under the soil were the measurements are taking place.
With respect to Claim 26, Van discloses that the monitoring system is configured to determine nutrient levels at the set of geolocations based on the data received from the plurality of probes [nutrient sensors 110; fig 14; para 175].
With respect to Claim 28, Van discloses that the monitoring system is configured to determine temperature measurements at the set of geolocations based on the data received from the plurality of probes [fig 6, temperature sensors 28; para 133].
With respect to Claim 29, Van discloses that the monitoring system is configured to determine moisture levels at the set of geolocations based on the data received from the plurality of probes [fig 6, moisture sensors 26; para 133].
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 5, 27 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Van in view of Abaffy (U.S. Publication No. 2015/0192557).
With respect to Claim 5, Van discloses that the monitoring system is configured to determine nutrient and/or moisture levels and/or soil solution components at geolocations where the plurality of probes are located based on the data received from the plurality of probes [para 90].
Van does not disclose that the monitoring system is configured to interpolate nutrient and/or moisture levels at set of additional geolocations based on the determined nutrient and/or moisture levels at geolocations where the plurality of probes are located.
Abaffy discloses field moisture sensors and interpolates moisture values between the sensors [para 86].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van such that the monitoring system is configured to interpolate nutrient and/or moisture levels at set of additional geolocations based on the determined nutrient and/or moisture levels at geolocations where the plurality of probes are located for the benefit being able to supply the correct levels of water and nutrients to the crops in between sensors.
With respect to Claim 27, Van discloses that the monitoring system is configured to determine nutrient levels at the set of geolocations based on the data received from the plurality of probes [para 90]
Van does not disclose that the monitoring system is configured to interpolate nutrient levels at set of additional geolocations based on the determined nutrient levels at the set of geolocations.
Abaffy discloses field moisture sensors and interpolates moisture values between the sensors [para 86].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van such that the monitoring system is configured to interpolate nutrient and/or moisture levels at set of additional geolocations based on the determined nutrient and/or moisture levels at geolocations where the plurality of probes are located for the benefit being able to supply the correct levels of water and nutrients to the crops in between sensors.
With respect to Claim 30, Van discloses determining nutrient and/or moisture levels at geolocations where the plurality of probes are located. [para 90]
Van does not disclose that the monitoring system is configured to interpolate nutrient levels at set of additional geolocations based on the determined nutrient and/or moisture levels at geolocations where the plurality of probes are located
Abaffy discloses field moisture sensors and interpolates moisture values between the sensors [para 86].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van such that the monitoring system is configured to interpolate nutrient and/or moisture levels at set of additional geolocations based on the determined nutrient and/or moisture levels at geolocations where the plurality of probes are located for the benefit being able to supply the correct levels of water and nutrients to the crops in between sensors.
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Van in view of McCoid (U.S. Publication No. 2017/0020091, hereinafter McCoid).
With respect to Claim 6, Van discloses that the monitoring system is configured to track moisture levels over time at the plurality of depths at geolocations where the plurality of probes are located based on the data received from the plurality of probes [para 90; para 18 shows over time].
Van does not disclose that the monitoring system is configured to determine active root depth of crops at the geolocations where the plurality of probes are located based on the tracked moisture levels at the plurality of depths.
McCoid shows moisture sensors in a field and notes that moisture tracking gives root depths [see paras 18 and 32].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van such that the monitoring system is configured to determine active root depth of crops at the geolocations where the plurality of probes are located based on the tracked moisture levels at the plurality of depths to better give resources to the crops in need. The moisture and nutrient levels only matter around the plant’s roots.
With respect to Claim 7, Van discloses that the monitoring system is configured to track moisture levels over time at the plurality of depths at geolocations where the plurality of probes are located based on the data received from the plurality of probes [para 90; para 18 shows over time].
Van does not disclose that the monitoring system is configured to determine root depth of crops at the geolocations where the plurality of probes are located based on the tracked moisture levels at the plurality of depths at geolocations where the plurality of probes are located; wherein the monitoring system is configured to determine nutrient and/or moisture levels and/or soil solution components that are accessible by the crops at the geolocations where the plurality of probes are located based on the determined root depth.
McCoid shows moisture sensors in a field and notes that moisture tracking gives root depths [see paras 18 and 32].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van such that the monitoring system is configured to determine root depth of crops at the geolocations where the plurality of probes are located based on the tracked moisture levels at the plurality of depths at geolocations where the plurality of probes are located; wherein the monitoring system is configured to determine nutrient and/or moisture levels and/or soil solution components that are accessible by the crops at the geolocations where the plurality of probes are located based on the determined root depth to better give resources to the crops in need. The moisture and nutrient levels only matter around the plant’s roots.
With respect to Claim 8, Van discloses that the monitoring system is configured to track moisture levels over time at the plurality of depths at geolocations where the plurality of probes are located based on the data received from the plurality of probes [para 90; para 18 shows over time].
Van does not disclose that the monitoring system is configured to determine and track active root depth of crops at the geolocations where the plurality of probes are located based on the tracked moisture levels at the plurality of depths at the geolocations where the plurality of probes are located.
McCoid shows moisture sensors in a field and notes that moisture tracking gives root depths [see paras 18 and 32].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van such the monitoring system is configured to determine and track active root depth of crops at the geolocations where the plurality of probes are located based on the tracked moisture levels at the plurality of depths at the geolocations where the plurality of probes are located that to better give resources to the crops in need. The moisture and nutrient levels only matter around the plant’s roots.
With respect to Claim 9, Van discloses the monitoring system is configured to track moisture levels over time at the plurality of depths at geolocations where the plurality of probes are located based on the data received from the plurality of probes [para 90; para 18 shows over time].
Van does not disclose that the monitoring system is configured to determine and track active root depth of crops at the geolocations where the plurality of probes are located based on the tracked moisture levels at the plurality of depths at the geolocations where the plurality of probes are located; wherein the monitoring system is configured to project root depth growth of crops at the geolocations where the plurality of probes are located.
McCoid shows moisture sensors in a field and notes that moisture tracking gives root depths [see paras 18 and 32].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van such that the monitoring system is configured to determine and track active root depth of crops at the geolocations where the plurality of probes are located based on the tracked moisture levels at the plurality of depths at the geolocations where the plurality of probes are located; wherein the monitoring system is configured to project root depth growth of crops at the geolocations where the plurality of probes are located to better give resources to the crops in need. The moisture and nutrient levels only matter around the plant’s roots.
With respect to Claim 10, Van discloses that the monitoring system is configured to track moisture levels over time at the plurality of depths at geolocations where the plurality of probes are located based on the data received from the plurality of probes [para 90; para 18 shows over time].
McCoid shows moisture sensors in a field and notes that moisture tracking gives root depths [see paras 18 and 32].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van such that the monitoring system is configured to determine and track active root depth of crops at the geolocations where the plurality of probes are located based on the tracked moisture levels at the plurality of depths at the geolocations where the plurality of probes are located; wherein the monitoring system is configured to project future nutrient and/or moisture levels that will be accessible by the crops at the geolocations where the plurality of probes are located based on the determined root depth to better give resources to the crops in need. The moisture and nutrient levels only matter around the plant’s roots.
Claims 16 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Van in view of Pacheco (U.S. Patent No. 3,876,146, hereinafter Pacheco).
With respect to Claim 16, Van discloses applying water and nutrients to the field based on sensor readings [para 90]
Van does not disclose that the monitoring system is configured to automatically initiate operation of one or more pieces of agricultural equipment based on data received from the plurality of probes.
Pacheco discloses automatically watering and supplying nutrients to a crop.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van such that that the monitoring system is configured to automatically initiate operation of one or more pieces of agricultural equipment based on data received from the plurality of probes for the benefit of saving the farmer time.
With respect to Claim 23, Van discloses applying water and nutrients to the field based on sensor readings [para 90]
Van does not disclose that the monitoring system is configured to automatically initiate operation of one or more pieces of agricultural equipment based on data received from the plurality of probes.
Pacheco discloses automatically watering and supplying nutrients to a crop.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van such that that the monitoring system is configured to automatically initiate operation of one or more pieces of agricultural equipment based on data received from the plurality of probes for the benefit of saving the farmer time.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX T DEVITO whose telephone number is (571)270-7551. The examiner can normally be reached 12pm- 8 pm EST M-S.
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/ALEX T DEVITO/Examiner, Art Unit 2855
/SUMAN K NATH/Primary Examiner, Art Unit 2855