Patent Application 17758730 - APPARATUSES FOR SOIL AND SEED MONITORING - Rejection

Patent Application 17758730 - APPARATUSES FOR SOIL AND SEED MONITORING

Title: APPARATUSES FOR SOIL AND SEED MONITORING

Application Information

• Invention Title: APPARATUSES FOR SOIL AND SEED MONITORING
• Application Number: 17758730
• Submission Date: 2025-04-09T00:00:00.000Z
• Effective Filing Date: 2022-07-13T00:00:00.000Z
• Filing Date: 2022-07-13T00:00:00.000Z
• National Class: 172
• National Sub-Class: 438000
• Examiner Employee Number: 97354
• Art Unit: 3671
• Tech Center: 3600

Rejection Summary

• 102 Rejections: 1
• 103 Rejections: 0

Cited Patents

The following patents were cited in the rejection:

• US 5040613🔗
• US 4414903🔗

Office Action Text

    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
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1. 
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claims 1-9, drawn to a soil apparatus comprising a plurality of independently pivotable sensors.
Group II, claims 10-24, drawn to a soil apparatus comprising a plurality of sensors disposed at different vertical elevations/different depths.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I and II lack unity of invention because the groups do not share the same or corresponding technical feature. Group I is drawn to a soil apparatus comprising a plurality of sensors which are independently pivotable to follow a trench to reduce applied pressure to lenses of the sensors. Group II is drawn to a soil apparatus comprising a plurality of sensors disposed at different elevations/depths to provide a plurality of different measurements at different elevations/depths without fitting interference. Groups I and II therefore lack unity of invention as they do not have the same special technical features and solve different technical problems.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
During a telephone conversation with MICHAEL MORGAN on 03-31-2025 a provisional election was made with traverse to prosecute the invention of Group I, claims 1-9.  Affirmation of this election must be made by applicant in replying to this Office action.  Claims 10-24 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.

Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc.  In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because "is described herein" is implied language.  A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).

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 6-7 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.
Claim 6 recites the limitation "a second side" in line 2.  There is insufficient antecedent basis for this limitation in the claim as there is no first side set forth in the chain of dependency. It is noted that “a first side” is positively set forth in claim 5 lines 1-2.
By virtue of its dependence on claim 6, this basis of rejection also applies to dependent claim 7.
Claim 7 recites the limitation "the first side" in line 2.  There is insufficient antecedent basis for this limitation in the claim. It is noted that “a first side” is positively set forth in claim 5 lines 1-2 which is not included in the chain of dependency.

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 (or as subject to pre-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.


(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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morgan et al. (US 20180184581 A1).

Regarding claim 1, Morgan discloses a soil apparatus (10, Fig. 1) comprising: 
a soil engaging portion (244) to engage with soil; and 
a plurality of sensors (350,351,352,360,370) disposed in the soil apparatus, wherein each sensor is independently pivotable to independently position for sensing soil characteristics of soil (sensors pivot via resilient arm 772 which may comprise a living hinge, para. [0045]). 
Note Applicant does not provide any reference for the pivoting movement nor any description of the structure which allows the sensors to pivot, therefore “independently pivotable” may be broadly interpreted as merely meaning that each individual sensor is capable of pivoting. Since each sensor (350,351,352,360,370) is capable of pivoting via arm 772, it meets the claim. It should also be noted that planter 10 is a row planter (Fig. 1) and therefore can alternatively be interpreted as inherently having a plurality of sensors (respective to each row) independently pivotable from the sensors in other rows.

Regarding claim 2, Morgan discloses the soil apparatus of claim 1, wherein each sensor (350,351,352,360,370) is configured to sense soil characteristics when the soil engaging portion (244) of the soil apparatus (10) engages in soil of an agricultural field (as seen in Fig. 11, para. [0045]).
Regarding claim 3, Morgan discloses the soil apparatus of claim 1, wherein the soil apparatus comprises a knife (244) to engage in soil of an agricultural field or cut a trench (38) in the soil (Fig. 11, para. [0019] opening discs 244 cut a v-shaped trench 38 in the soil surface).
Regarding claim 4, Morgan discloses the soil apparatus of claim 2, wherein at least one sensor for detecting characteristics of soil or a trench including at least one of soil moisture, soil organic matter, soil temperature, seed presence, seed spacing, percentage of seeds firmed, and soil residue presence (soil moisture sensor 351 and soil temperature sensors 360, para. [0059] also teaches that sensor readings may be used to determine organic matter zones, para. [0051] teaches that seed sensors may determine seed spacing/population/singulation, and para. [0046] teaches detecting residue 43 on soil surface).
Regarding claims 5-6, Morgan discloses the soil apparatus of claim 1, wherein at least one sensor (364,374) is disposed along a first side of the soil apparatus, as per claim 5, and wherein at least one sensor (366,376) is disposed along a second side of the soil apparatus, as per claim 6 (Fig. 4B, sensors 360 and 370 comprise sensors 364,374 and 366,376 disposed on opposing sides, para. [0032]).
Regarding claim 7, Morgan discloses the soil apparatus of claim 6, wherein the plurality of sensors includes a first stack of sensors (364,374) that are disposed along the first side and a second stack of sensors (366,376) that are disposed along the second side (Fig. 4B may be considered a horizontally stacked, but note para. [0041] also teaches that sensors that 350, 351, 352, 360, 370 may be vertically stacked to provide measurements at different depths in the seed trench 38). 
Regarding claim 8, Morgan discloses the soil apparatus of claim 7, wherein each sensor of the first stack of sensors has a different depth with respect to a soil level (para. [0041] also teaches that sensors that 350, 351, 352, 360, 370 may be vertically stacked to provide measurements at different depths in the seed trench 38).
Regarding claim 9, Morgan discloses the soil apparatus of claim 1, wherein the plurality of sensors (350, 351, 352, 360, 370) comprise one or more reflectivity (350), capacitive moisture (351), electronic tensiometer (352), temperature (360), or electrical conductivity sensors (370).


Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fasse et al. (US 4414903 A) discloses an automatic guidance mechanism. Dodd (US 5040613 A) discloses a counterbalanced sensing wand assembly. Stoller et al. (US 20180125002 A1) discloses an apparatus for soil and seed monitoring. Dix et al. (US 10820508 B2) discloses a system for operating an agricultural harvester. Lund et al. (US 11497154 B1) discloses a system for measuring soil properties. Liu et al. (US 20120042813 A1) discloses stacked sensor for a seed spacing monitoring system. Kowalchuk (US 11622496 B2) discloses a smart sensor system for a planter comprising vertically offset sensors for measuring characteristics or properties of soil. Garner et al (US 20170094889 A1) discloses a vertical array of sensor for sensing soil characteristics.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA C TRAN whose telephone number is (571) 272-8758. The examiner can normally be reached M-F 9-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman, can be reached on (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIA C TRAN/Examiner, Art Unit 3671                                                                                                                                                                                                        
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679