Prosecution Insights
Last updated: April 19, 2026
Application No. 17/136,130

ASSEMBLY WITH A UTILITY METER AND AN AUTONOMOUS SENSOR, AND METHOD FOR OPERATING THE ASSEMBLY

Final Rejection §103
Filed
Dec 29, 2020
Examiner
NYAMOGO, JOSEPH A
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Diehl Metering Systems GmbH
OA Round
8 (Final)
69%
Grant Probability
Favorable
9-10
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
90 granted / 130 resolved
+1.2% vs TC avg
Strong +31% interview lift
Without
With
+31.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
30 currently pending
Career history
160
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
80.2%
+40.2% vs TC avg
§102
12.6%
-27.4% vs TC avg
§112
5.1%
-34.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 130 resolved cases

Office Action

§103
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 statement (IDS) submitted on July 25, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Arguments Applicant's arguments filed October 16, 2025 have been fully considered but they are not persuasive. In response to Applicant's argument on pages 9 – 10 pertaining to “Thus, Applicants' invention preserves the energy supply of the energy self-sufficient autonomous sensors by utilizing only local communications paths to communicate the data to the utility meter and/or the autonomous module, which then utilizes tertiary, longer range communications to transmit the collected data to the central entity. See, for example, paragraph [0018] on page 8 of the instant application (i.e., “The local communication paths can appropriately be based on an loT communication standard in order to be able to easily incorporate, for example, autonomous sensors designed for energy-saving."). Consequently, Applicants' invention provides an energy saving solution that involves a two stage hierarchical delivery of the sensor data such that the sensor saves energy by only using local communications pathways, while the utility meter and/or autonomous module use the tertiary communications interface to relay the information to the central entity over longer communications paths. The prior art does not teach or suggest the foregoing limitations of Applicants' claims, among others.”. The Examiner respectfully disagrees. As mentioned in this Office Action (OA), Rose teaches multiple embodiments of an autonomous module with a communication interface that utilizes different communication paths to communicate with a utility meter. In one embodiment, Rose teaches, an autonomous module (Fig. 2, gateway device(s) 202) including a communication device (Fig. 2, communication module 220), the autonomous module communicates only via local communication paths (Fig. 2, ¶ 58 the communication module 230 can communicate via any one of IEEE 802 .11, Wi-Fi) with the utility meter. Rose further teaches, the utility meter transmits data received from an autonomous sensor to a central entity using a tertiary communication interface with a longer radiocommunication range than a radiocommunication range of the autonomous module (Fig. 2, ¶ 79 International Telecommunications Union (ITU) Regions). In response to Applicant's argument on page 10 – 11 pertaining to “Additionally, the Rose reference explicitly discloses direct control of the end device(s) 204 by the device management module 250 of the service provider(s) 206. … Thus, the end device(s) 204 of the Rose reference communicate directly with the central entity, i.e., services provider(s) 206 of Rose, contrary to Applicants' claimed invention. See also, for example, Fig. 1, generated by the Examiner on page 3 of the Office Action.”. The Examiner respectfully disagrees. As mentioned above, Rose teaches that the autonomous module communicates locally with the utility meter. The utility meter then communicates with the central entity. Therefore, the autonomous module does not communicate directly with the central entity as alleged by the Applicant. Thus Rose teaches, an autonomous sensor including a local communication interface configured to communicate only via local communication paths that have a shorter range than the tertiary communication interface used by the utility meter and autonomous module to transmit data received from the autonomous sensor to a central entity that does not communicate directly with the autonomous sensor. 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) 1, 3, 6, 8 – 10, 12 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over Rose et al. (US 2017/0230074 A1) (herein after Rose) in view of Magley et al (US 2019/0281661 A1) (herein after Magley). Regarding Claim 1, Rose teaches, an assembly (Fig. 2, environment 200), comprising: at least one utility meter for recording a flow rate (Fig. 2, gateway devices 202, ¶ 54 water meter), said at least one utility meter having: a measured value generator (Fig. 2, sensors 216), a computing unit (Fig. 2, processor(s) 212), and a communication device (Fig. 2, communication module 220); and at least one autonomous sensor (Fig. 2, end device(s) 204) for recording measured quantities other than the flow rate (Fig. 2, ¶ 67 temperature, pressure), said at least one sensor having: a sensor unit (Fig. 2, sensors 226), a computing unit (Fig. 2, one or more processor(s) 222), and a communication device (Fig. 2, communication module 230); and an autonomous module (Fig. 2, gateway device(s) 202) including a communication device (Fig. 2, communication module 220); each communication device of said utility meter, said autonomous module and said autonomous sensor including a local communication interface (Fig. 2, ¶ 58 one or more antennas) configured to communicate only via local communication paths (Fig. 2, ¶ 58 In some embodiments, the communication module 230 can be configured in accordance with various operating region requirements; In some embodiments, the communication module 230 can communicate via any one of IEEE 802 .11, Wi-Fi); each of said at least one utility meter and said autonomous module including a tertiary communication interface (Fig. 2, ¶ 58 one or more antennas) for transmitting data received from said at least one autonomous sensor, a radiocommunication range of said tertiary communication interface being a longer radiocommunication range than a radiocommunication range of each of said local communication interfaces (Fig. 2, ¶ 79 International Telecommunications Union (ITU) Regions; “telecom networks have longer ranges than WiFi.”); — each of said at least one utility meter, said autonomous module and said at least one autonomous sensor having a separate housing from one another (Fig. 2, ¶ 36 form factor; ¶ 58 end device 204 can operate remotely from gateway device 202; “the form factor is the separate housing meter and sensor are separate because they are remote”); said at least one autonomous sensor being configured to transmit data using only said local communication interface to transmit data (Fig. 2, ¶ 58 end device 204 can transmit and receive data); and said at least one utility meter and said autonomous module using said tertiary communication interface to transmit data received from said at least one autonomous sensor to a central entity (Fig. 2, service provider(s) 206) that does not communicate directly with said at least one autonomous sensor(Fig. 2, ¶ 78 International Telecommunications Union (ITU) Regions). Rose fails to teach — said at least one utility meter configured to be energy self-sufficient by its own energy source; said at least one autonomous sensor configured to be energy self-sufficient by its own energy source; said energy source of said at least one utility meter and said energy source of said at least one autonomous sensor are independent from each other; In analogous art, Magley teaches, — said at least one utility meter (Fig. 1, ¶ 26 nodes 120A-120E may be connected to (or embodied in) water meters or other utility devices) configured to be energy self-sufficient by its own energy source (Fig. 12, ¶ 56 node 120 may include at least one battery 1205; Examiner interpretation: Fig 12 is a detailed illustration of node 120 Fig 2; see ¶ 55); said at least one autonomous sensor (Fig. 12, ¶ 59 In some embodiments, the node 120 may be connected to one or more sensors) configured to be energy self-sufficient by its own energy source (Fig. 12, ¶ 56 node 120 may include at least one battery 1205; Examiner interpretation: Fig 12 is a detailed illustration of node 120 Fig 2; see ¶ 55); said energy source of said at least one utility meter and said energy source of said at least one autonomous sensor are independent from each other (Fig. 1, ¶ 28 communication links 115 may include wireless communication links);. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Rose by combining the utility meter and sensor taught by Rose with the utility meter and sensor respectively taught by Magley such that, said at least one utility meter configured to be energy self-sufficient by its own energy source; said at least one autonomous sensor configured to be energy self-sufficient by its own energy source; and said energy source of said at least one utility meter and said energy source of said at least one autonomous sensor are independent from each other; taught by Magley for the benefit of transmitting resource measurement data over longer distances [Magley: ¶ 3]. Regarding Claim 3, Rose in view of Magley teach the limitations of claim 1, which this claim depends on. Rose further teaches, the assembly according to claim 1, wherein said autonomous module is a data collector (Fig. 2, ¶ 47 a data logger). Regarding Claim 6, Rose in view of Magley teach the limitations of claim 1, which this claim depends on. Rose further teaches, the assembly according to claim 1, wherein said autonomous sensor is configured to transmit sensor data (Fig. 2, ¶ 54 sensor data). Regarding Claim 8, Rose in view of Magley teach the limitations of claim 1, which this claim depends on. Rose further teaches, the assembly according to claim 1, wherein the local communication paths are based on an Internet of Things (loT) communication standard (Fig. 2, ¶ 80 Internet-of-things (IoT) standard). Regarding Claim 9, Rose in view of Magley teach the limitations of claim 1, which this claim depends on. Rose further teaches, the assembly according to claim 1, wherein the local communication paths are based on the IEEE 802.15.4 communication standard (Fig. 2, ¶ 78 (IEEE 802.15)). Regarding Claim 10, Rose in view of Magley teach the limitations of claim 1, which this claim depends on. Rose further teaches, the assembly according to claim 1, wherein the local communication paths are based on the Bluetooth Low Energy communication standard (Fig. 2, ¶ 80 Bluetooth Low Energy standard). Regarding Claim 12, Rose in view of Magley teach the limitations of claim 1, which this claim depends on. Rose further teaches, the assembly according to claim 1, wherein said utility meter and/or said autonomous sensor and/or said autonomous module communicate via local communication paths (Fig. 2, communicate via one or more networks 210), and wherein the tertiary communication paths have a longer radiocommunication range than the local communication paths Fig. 2, ¶ 78 International Telecommunications Union (ITU) Regions; Examiner interpretation: telecom networks have longer ranges than WANs as known in the art.). Regarding Claim 13, Rose in view of Magley teach the limitations of claim 1, which this claim depends on. Rose further teaches, the assembly according to claim 1, wherein said at least one autonomous sensor is one of a plurality of autonomous sensors (Fig. 2, end device(s) 204), and each autonomous sensor has an individual identifier (Fig. 2, ¶ 63 metadata (e.g., site specific or node specific operations knowledge, etc.)) so that each autonomous sensor is individually addressable. Regarding Claim 14, Rose in view of Magley teaches the limitations of claim 1, which this claim depends on. Rose further teaches, a utility meter for recording flow rate (Fig. 2, gateway devices 202, ¶ 54 water meter), said utility meter being configured to form a part of the assembly according to claim 1. Regarding Claim 15 Rose in view of Magley teaches, a method (Fig. 2, ¶ 37 methods) for operating an assembly (Fig. 2, environment 200), the method comprising: providing an assembly according to claim 1 with at least one utility meter (Fig. 2, gateway devices 202), and at least one autonomous sensor (Fig. 2, end device(s) 204); using the utility meter and/or an autonomous module (Fig. 2, end device(s) 204) to communicate with the autonomous sensor; and forwarding data received from the autonomous sensor from the utility meter and/or the autonomous module (Fig. 2, service provider(s) 206 ¶ 77 push the data to a service provider (such as the service provider 206)). Regarding Claim 16, Rose in view of Magley teach the limitations of claim 15, which this claim depends on. Rose further teaches, the method according to claim 15, which comprises forwarding the data received from the autonomous sensor from the utility meter (Fig. 2, service provider(s) 206 ¶ 77 push the data to a service provider (such as the service provider 206)) to the central entity (Fig. 2, service provider 206) and/or to an autonomous module (Fig. 2, gateway device(s) 202). Regarding Claim 17, Rose in view of Magley teach the limitations of claim 15, which this claim depends on. Rose further teaches, the method according to claim 15, which comprises transmitting the sensor data bundled with the consumption data (Fig. 2, ¶ 63 metadata (e.g., site specific or node specific operations knowledge, etc.)). Regarding Claim 18, Rose in view of Magley teach the limitations of claim 1, which this claim depends on. Rose further teaches, the assembly according to claim 1, wherein said communication device of said utility meter and said communication device of said autonomous module are located away from one another (Fig. 2, gateway device(s) 202 ¶ 36 form factor)and configured to communicate with one another via local communication paths (Fig. 2, ¶ 56 mesh network). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Laird (US 20140361908 A1) teaches, a utility meter (Fig. 3, wireless utilities metering system 500) said at least one utility meter configured to be energy self-sufficient by its own energy source (Fig. 3, power supply 61, such as a battery). Pitchford et al (US 20070284293 A1) teaches, a utility meter (Fig. 4, remote water meter) said at least one utility meter configured to be energy self-sufficient by its own energy source (Fig. 4, power converter and supply 290 may include, one or more batteries). Patterson et al (US 20060028355 A1) teaches, a utility meter (Fig. 1, electric meter unit 10) said at least one utility meter configured to be energy self-sufficient by its own energy source (Fig. 4, internal battery 80). Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH O. NYAMOGO whose telephone number is (469)295-9276. The examiner can normally be reached 9:00 A to 5:00 P CT. 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, EMAN ALFAKAWI can be reached at 571-272-4448. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH O. NYAMOGO/ Examiner Art Unit 2858 /EMAN A ALKAFAWI/Supervisory Patent Examiner, Art Unit 2858 12/30/2025
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Prosecution Timeline

Dec 29, 2020
Application Filed
Oct 05, 2023
Non-Final Rejection — §103
Dec 22, 2023
Response Filed
Mar 18, 2024
Final Rejection — §103
Apr 18, 2024
Response after Non-Final Action
May 14, 2024
Request for Continued Examination
May 16, 2024
Response after Non-Final Action
May 30, 2024
Non-Final Rejection — §103
Jul 31, 2024
Response Filed
Oct 03, 2024
Final Rejection — §103
Dec 05, 2024
Response after Non-Final Action
Jan 17, 2025
Request for Continued Examination
Jan 23, 2025
Response after Non-Final Action
Feb 05, 2025
Non-Final Rejection — §103
Mar 12, 2025
Response Filed
Apr 03, 2025
Final Rejection — §103
Jun 04, 2025
Response after Non-Final Action
Jul 09, 2025
Request for Continued Examination
Jul 10, 2025
Response after Non-Final Action
Jul 24, 2025
Non-Final Rejection — §103
Oct 16, 2025
Response Filed
Dec 30, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

9-10
Expected OA Rounds
69%
Grant Probability
99%
With Interview (+31.0%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 130 resolved cases by this examiner. Grant probability derived from career allow rate.

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