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 . 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 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.
Response to Amendment / Arguments
The response and amendments, filed 11/14/25 has been entered. Claims 1-13, 24-26, 28-29, 31-35 are pending, with claims 11-13 withdrawn due to the restriction and upon entry of this Amendment. Applicant’s arguments regarding the prior art rejections are considered but they are not persuasive:
Applicant arguments on page 9 of Remarks are moot because this action and rejections are not relying on Ralet.
On page 10 , Applicant argues the combination of Frith and Greenberg, Frith does not function properly as Frith relies on gravity to dispense fluid, but Greenberg is teaching a straw and there is no motivation to combine gravity-driven dispense system Frith with straw on top of bottle of Greenberg to arrive in a fluid drainage line with a conduit extending from a top portion of fluid storage into the interior volume.
Response,
the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Also:
During patent examination, the pending claims must be “given their broadest reasonable interpretation consistent with the specification.” See MPEP 2111.
In this case, firstly reference Frith is concerned with milk as the liquid in the tank (e.g., Frith ¶0004) which would concur with the discussion of a beverage drink from the secondary reference Greenberg applicable. Applicant has not provided any evidence that if a user wants to drain fluid from top, liquid tank of Frith does not function as a storage or the optical sensors of Frith fail to measure the level of water in the tank, drainage of fluid from a tank and the conduit extending from a top portion is a well-known limitation with no unexpected result and that is why Greenberg has also been provided. secondly, any pipe, tube line to remove liquid from tank is broadly teaching fluid drainage line, drainage of liquid from a tank can be performed from any part of tank (top or bottom) depends on the application, and there is not any unexpected result to have a drainage line on the top if an application requires. Having a drainage line on the bottom as taught by Frith does not require a pump, as it acts using gravity while drainage on the top inherently requires a pump or negative pressure, therefore, the argument is not persuasive.
Regarding the request for interview Examiner reminds that based on new USPTO policy : one interview per round of prosecution can be provided and it appears that there is no additional prior art or arguments that already has not been discussed in the previous interviews and office actions.
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 1, 3, 29, and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over “Frith”, US20200180937A1, in view of “Greenberg”, US-20060144730-A1, and “Haslam”, US20220024298A1.
Claim 1
Frith in Figs.1-3 and 10 discloses:
A fluid storage monitoring system (100), comprising:
a fluid storage receptacle (104) defining an interior volume (volume 104 including liquid¶0002) and configured to hold fluid contents (liquid), the fluid storage receptacle (104) comprising a drainage fluid line (line to nozzle108) configured to direct a fluid flow out of the interior volume and through the drainage fluid line (line to nozzle108), the drainage fluid line (line to nozzle108) comprising a conduit (line including or connected to the nozzle) fluidly connected to the fluid storage receptacle 104,
a fluid control valve (111/1040 in fig.101) in the drainage fluid line (to 108), the fluid control valve (111/1040) configured to control (controller 110/170/1000¶0058/dispense control system1018 of fig.10/¶0083¶0058) a fluid flow along the drainage fluid line (e.g., fluid flow along the line connected to valve 111); and
a monitoring unit (121/170/1000¶0058) coupled to the fluid storage receptacle (104) proximate a top (at least the figures 121 is on the top of 104 and 170 also broadly is proximate the top) of the fluid storage receptacle (104) and communicably coupled (¶0081/e.g., fig.6 step 616) to the fluid control valve (111/1040), the monitoring unit (121/170/1000¶0058) comprising:
a sensor (121/124) directed vertically downward (as shown clearly in the figures) into the interior volume of the fluid storage receptacle (104), the sensor (121/124) configured to detect an amount of space (e.g.,fig.3 d1) between the fluid contents (surface 114) and the sensor (124); the sensor (124) configured to detect an amount of space between the fluid contents and the sensor over a time interval (e.g., ¶0064:e.g., related to time that tank is filled from 0 to a predetermined volume of liquid in height d3, or any suitable times or according to any suitable schedule), the monitoring unit (121/170/1000) configured to determine a change (from d2 to d2-d3) in the amount of space (d1) over the time interval (time equivalent to volume liquid with height d3/ any change inherently is over a the related time interval);
a transmitter (1020/1012 fig.10) in communication with a remote server (¶0086¶0088¶0089), the transmitter (1020/1022) configured to receive and transmit data from the sensor (121/124: ¶0058/ the transmitter configured to receive and transmit data from the sensor and server and a remote server can be used) and the remote server (¶0058¶0086¶0088¶0089); and a controller (110/170/1000/1018) configured to selectively (e.g.,f0059 40087) open the fluid control valve (111/1040/fig.10 1040 and 1000).
Frith does not teach:
and the conduit extending from a top portion of the fluid storage receptacle into the interior volume; the drainage fluid line in response to an applied vacuum pressure to the drainage fluid line.
determine that the change in the amount of space is an unplanned change, and based upon the determination of the unplanned change.
Regarding limitation 1:
In the similar field of endeavor, Greenberg in figs. 1-2 teaches a fluid storage monitoring system (e.g., can or bottle 8 with test kit in test area 18 in top 10), comprising:
a fluid storage receptacle (can or bottle 8) and a conduit (6 from top 10) extending from a top portion 10 of the fluid storage receptacle 8 into the interior volume (straw 6 extending from a top portion 10 of the fluid storage receptacle 8 into the interior volume 8), the drainage fluid line in response to an applied vacuum pressure to the drainage fluid line (this limitation inherently is met by Greenberg as without applying a vacuum pressure from user the drainage from top is not possible).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Greenberg‘s tube for Frith ‘s fluid storage receptacle and the modified Frith’s drainage fluid line configured to direct a fluid flow out of the modified Frith’s interior volume and through the modified Frith’s drainage fluid line in response to an applied vacuum pressure to the modified Frith’s drainage fluid line, the modified Frith’s drainage fluid line comprising a conduit fluidly connected to the fluid storage receptacle, and the conduit extending from a top portion of the fluid storage receptacle into the interior volume as taught by Greenberg. One of ordinary skill in the art would know that the location of draining fluid from a tank varies depending on specific installation and circumstances as a design choice and have been motivated to make this modification for example in order to removal of liquid from the tank by a user and be able to drain liquid and also be able to preventing inadvertent or intentional addition of foreign substances to a drink and drink cover for preventing an inadvertent or intentional introduction of foreign substances to a drink (e.g., Greenberg’s ¶0002).
Regarding limitation 2:
In the similar field of endeavor, Haslam in figs.2, 5, and 7 teaches the monitoring unit (526/528) configured to determine a change in the amount of space (level of fluid in tank 212 using level sensor 100/108) over the time interval (every 5 minutes¶0043¶0045); and configured to determine that the change in the amount of space is an unplanned change (¶0046: the computing system 528 may determine whether or not there is a discrepancy between what is indicated on a sales record and what is actually added to the fuel tank¶0049: computing system 526 may also determine information that protects against malfeasance, the computing system 528 determines that fuel is being withdrawn faster than is expected during normal use, which anomaly may be indicative of fuel theft).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Haslam’s monitoring system for the modified Frith‘s storage and determine that Frith’s change in the amount of space is an unplanned change, and modified Frith’s transmitter configured to receive and transmit data from the sensor to the remote server based upon the determination of the unplanned change as taught by Haslam. One of ordinary skill in the art would have been motivated to make this modification in order to protect against malfeasance (¶0049 of Haslam).
Claim 3
Frith in view of Greenberg and Haslam teaches the fluid storage monitoring system of claim 1, Frith further teaches wherein the controller (110/170/1000) is configured to open the fluid control valve (111) in response to a signal from the remote server (¶0087-¶0092: e.g., ¶0089: the remote server could be used for time signals, which can be used to determine when valves should be open and shut ¶0092).
Claim 29
Frith in view of Greenberg and Haslam teaches the fluid storage monitoring system of claim 1, Haslam further teaches wherein the unplanned change is an unplanned decrease in a fluid level of the fluid contents in the fluid storage receptacle (e.g.,¶0050).
Claim 31
Frith in view of Greenberg , Haslam teaches the fluid storage monitoring system of claim 1, Greenberg as cited above teaches wherein the conduit extends from the top portion of the fluid storage receptacle (bottle) to a location in the interior volume adjacent to a bottom of the fluid storage receptacle, for the same reason and motivation as cited above.
Claim 32
Frith in view of Greenberg and Haslam teaches the fluid storage monitoring system of claim 1, Frith and Greenberg Haslam teach wherein the fluid flow out of the interior volume and through the drainage fluid line comprises a liquid component.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over “Frith”, US20200180937A1, in view of Greenberg”, US-20060144730-A1, and “Haslam”, US20220024298A1, and “Bratu”, US 20200029529 A1.
Claim 2
Frith in view of Greenberg and Haslam teaches the fluid storage monitoring system of claim 1, Frith teaches ( ¶0086 Electronic device 1000 may send or receive information to the remote storage in any suitable way, including via communications subsystem 1012 over a network or other data connection.), but the modified Frith does not specifically teach a proximity sensor configured to detect a presence of a beacon within a proximity range of the monitoring unit, and the controller configured to open the fluid control valve in response to the proximity sensor detecting the presence of the beacon within the proximity range.
In the similar field of endeavor, Bratu in figs.1, 2a, 3 teaches a proximity sensor (32) configured to detect a presence of a beacon (RFID reader for users with different tags/IDs e.g., ¶0029) within a proximity range of the monitoring unit (14), and the controller (60) configured to open the fluid control valve (46) in response to the proximity sensor detecting the presence of the beacon within the proximity range (e.g.,¶0035).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Bratu’s proximity sensor to detect a presence of a beacon within a proximity range of the monitoring unit of the modified Frith and controller configured to open the fluid control valve in response to the proximity sensor detecting the presence of the object/beacon within the proximity range as taught by Bratu. One of ordinary skill in the art would know the application of proximity sensors and using them for applications such as tracking water consumption and other metrics (¶0011).
Claims 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over “Frith”, US20200180937A1, in view of Greenberg”, US-20060144730-A1, and “Haslam”, US20220024298A1, and “Aughton”2, US 20210026040 A1.
Claim 4
Frith in view of Greenberg and Haslam teaches the fluid storage monitoring system of claim 1, but the modified Frith does not specifically teach wherein the fluid control valve comprises a motorized ball valve configured to selectively open in response to a command from the controller.
In the similar field of endeavor, Aughton in fig.1 teaches wherein the fluid control valve (ball valve 50) comprises a motorized ball valve configured to selectively open in response to a command from the controller (¶0055: based on predetermined depth of water in 30 to be in level 70, the computer monitoring system opens valve and closed to fill chamber again).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Aughton’s motorized ball valve for the modified Frith’s valve. One of ordinary skill in the art would have been motivated to make this modification in order to use a known type of valve with reasonable expectation of success for its desired durability, strength, and affordability.
Claim 7
Frith in view of Greenberg and Haslam teaches the fluid storage monitoring system of claim 1, but the modified Frith does not specifically teach wherein the sensor is an ultrasonic sensor (although Frith teaches acoustic sensors can also be used ¶0087).
Aughton teaches wherein the sensor is an ultrasonic sensor (ultrasonic transducer 36¶0055).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Aughton’s ultrasonic sensor for the modified Frith’s fluid storage monitoring system. One of ordinary skill in the art would know level ultrasonic sensors and have been motivated to make this modification in order to the benefits such as measure the distance to a wide range of objects regardless of shape, color or surface texture and to measure an approaching or receding object with reasonable expectation of success.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over “Frith”, US20200180937A1, in view of Greenberg”, US-20060144730-A1, and “Haslam”, US20220024298A1, and “Edwards”, US 5273085 A.
Claim 5
Frith in view of Greenberg and Haslam teaches the fluid storage monitoring system of claim 1, but Frith does not specifically teach further comprising a vacuum switch in the drainage fluid line downstream of the fluid control valve, the vacuum switch being communicably coupled to the monitoring unit, the vacuum switch configured to detect a pressure change in the drainage fluid line downstream of the fluid control valve.
In the similar field of endeavor, Edwards in Figs. 2 and 4 teaches a vacuum switch 34 in the drainage fluid line 10/12 downstream of the fluid source 16, the vacuum switch 34 being communicably coupled to the monitoring unit (CPU 100) , the vacuum switch 34 configured to detect a pressure change (e.g., col. 10 lines 11-14) in the drainage fluid line 10/12 downstream of the fluid source 16.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Edward’s vacuum switch for Frith’s storage system and fluid drainage line. One of ordinary skill in the art would have been motivated to make this modification in order to have a controlling way of stopping or permitting fluid flow and ensuring the tank is completely evacuated (col.5 lines 45-50/col.10 lines 14-15).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over “Frith”, US20200180937A1, in view of Greenberg”, US-20060144730-A1, and “Haslam”, US20220024298A1, and “NECTAR”3, CN111052758 A.
Claim 6
Frith in view of Greenberg and Haslam teaches the fluid storage monitoring system of claim 1, but the modified Frith does not specifically teach further comprising a ventilation cap at a top of the fluid storage receptacle, the ventilation cap configured to control ventilation of the interior volume of the fluid storage receptacle, and wherein the monitoring unit is coupled to the ventilation cap.
In the similar field of endeavor, Edward in Figs.1-2 teaches comprising a ventilation cap (fig.2C: Air vent 235/connected to vent tube 237 and side hole 238) at a top of the fluid storage receptacle (fig.1: container 102 connected to sensor device 100), the ventilation cap (235) configured to control ventilation of the interior volume 4of the fluid storage receptacle (102), and wherein the monitoring unit (200 with transmitters 204) is coupled to the ventilation cap (235).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use NECTAR’s ventilation cap for the modified Frith’s monitoring system. One of ordinary skill in the art would know venting allows air to move into and out of a fuel tank, and if air cannot exit a fuel tank quickly enough as it is being filled, then pressure will build up inside the tank and have been motivated to make this modification in order to equalize with the pressure outside the tank and preventing tank damage.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over “Frith”, US20200180937A1, in view of Greenberg”, US-20060144730-A1, and “Haslam”, US20220024298A1, and “Aughton”, US 20210026040 A1, further in view of “Wiersma”, US20160011036A1.
Claim 8
Frith in view of Greenberg and Haslam and Aughton teaches the fluid storage monitoring system of claim 7, but the modified Frith does not specifically teach wherein the ultrasonic sensor comprises a horn configured to channel ultrasonic waves from the ultrasonic sensor toward fluid contents in the interior volume of the fluid storage receptacle.
In the similar field of endeavor, Wiersma in figs.1-3 teaches wherein the sonic sensor (sensor device 12) comprises a horn (part shown by sonar range finder 46) configured to channel sonic waves (sending and receiving signals) from the sonic sensor (46) toward fluid contents in the interior volume of the fluid storage receptacle (16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Wiersma‘s horn for Frith combined with Aughton’s ultrasonic sensor. One of ordinary skill in the art would know horn transfers the longitudinal ultrasonic waves from the transducer end to the toe end with attached the cutting tool and it amplifies the input amplitude of vibrations so that at the output end the amplitude is sufficiently large to perform of required machining process and have been motivated to make this modification in order to efficiently transfer the acoustic energy from the ultrasonic transducer into the treated media.
Claim 9
Frith in view of Greenberg and Haslam and Aughton and Wiersma teaches the fluid storage monitoring system of claim 8, Wiersma further teaches wherein the horn is a conical horn (46).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Wiersma‘s conical horn for Frith combined with Aughton and Wiersma’s ultrasonic sensor. One of ordinary skill in the art would have been motivated to make this modification in order to efficiently guiding and transferring the acoustic energy from the ultrasonic transducer into the applied media.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over “Frith”, US20200180937A1, in view of Greenberg”, US-20060144730-A1, and “Haslam”, US20220024298A1, US20220024298A1, and “Carlson”, US 20070084283 A.
Claim 10
Frith in view of Greenberg and Haslam teaches the fluid storage monitoring system of claim 1, but the combination does not specifically teach wherein the monitoring unit comprises at least one magnet, and the fluid storage receptacle comprises an interior metallic surface, the monitoring unit configured to magnetically attach to the interior metallic surface of the fluid storage receptacle.
In the similar field of endeavor, Carlson in fig.1 teaches wherein the monitoring unit (comprising ultrasonic transducer 30) comprises at least one magnet (bracket 40 has magnet¶0017¶0030), and the fluid storage receptacle (10) comprises an interior metallic surface (interior tank¶0018 magnet attach metals to each other), the monitoring unit (40 with magnet) configured to magnetically attach to the interior metallic surface of the fluid storage receptacle (10/not explicitly citing metal but it is obvious that a metallic object to be attached by magnet).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Carlson’s magnet to attach Frith’s monitoring system to tank. One of ordinary skill in the art would know magnet as one of means to attach monitoring system to the tank(¶0030).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over “Frith”, US20200180937A1, in view of “Greenberg”, US-20060144730-A1, and “Haslam”, US20220024298A1, and “Mologousis”, US 20130193231 A1.
Claim 24
Frith in view of Greenberg and Haslam teaches the fluid storage monitoring system of claim 1, but the combination does not specifically teach: further comprising a heater disposed in the interior volume of the fluid storage receptacle and communicably connected to the monitoring unit, the heater configured to increase a temperature of the fluid contents in the fluid storage receptacle.
In the similar field of endeavor, Mologousis in e.g., fig.13 teaches comprising a heater (e.g., ¶0088) disposed in the interior volume of the fluid storage receptacle (washers 8 with water also ¶0057) and communicably connected to the monitoring unit (controller in cabinet 10 and disclosed in e.g., ¶0060 ¶0067), the heater configured to increase a temperature of the fluid contents in the fluid storage receptacle (e.g., ¶0057¶0060 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed use Mologousis’s monitoring unit and heater disposed in the interior volume of the modified Frith’s fluid storage receptacle and communicably connected to the monitoring unit, the heater configured to increase a temperature of the fluid contents in the fluid storage receptacle as taught by Mologousis. One of ordinary skill in the art would have been motivated to make this modification in order to heat the fluid inside a tank to provide hot water with ability to control and adjust the temperature. Furthermore, and alternatively, Examiner further notes that using a heater in for example a water tank such as electric kettle with controlling desired temperature is a well-known technique and based on MPEP 2143 (F), Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art.
Claims 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over “Frith”, US20200180937A1, in view of Greenberg”, US-20060144730-A1, and “Edwards”, US 5273085 A.
Claim 25
Frith in Figs.1-3 and 10 discloses:
A fluid storage monitoring system (100), comprising: a fluid storage receptacle (104) defining an interior volume (volume 104 including liquid¶0002) and configured to hold fluid contents (liquid), the fluid storage receptacle (104) comprising a drainage fluid line (line from valve 111 to nozzle108) configured to direct a fluid flow out of the interior volume and through the drainage fluid line (line to nozzle108), the drainage fluid line (line to nozzle108) comprising a conduit (line including or connected to the nozzle) fluidly connected to the fluid storage receptacle 104,
a fluid control valve (111/1040 in fig.105) in the drainage fluid line (111 to 108), the fluid control valve (111/1040 in fig.10) configured to control (controller 110/170/1000 ¶0058/dispense control system1018 of fig.10/¶0083) a fluid flow along the drainage fluid line (drainage connected to valve 111);
and
a monitoring unit (121/170/1000 ¶0058) coupled to the fluid storage receptacle (104) proximate a top (at least the figures 121 is on the top of 104 and 170 also broadly is proximate the top) of the fluid storage receptacle (104) and communicably coupled (¶0081/e.g., fig.6 step 616) to the fluid control valve (111/1040), the monitoring unit (121/170/1000¶0058) comprising:
a sensor (121/124) directed vertically downward (at least obvious on the figures) into the interior volume of the fluid storage receptacle (104), the sensor (121/124) configured to detect an amount of space (e.g.,fig.3 d1) between the fluid contents (surface 114) and the sensor (124);
a transmitter (1020/1012 fig.10) in communication with a remote server (¶0086¶0088¶0089), the transmitter (1020/1022) configured to receive and transmit data from the sensor (121/124: ¶0058/ the transmitter configured to receive and transmit data from the sensor and server and a remote server can be used) and the remote server (¶0086¶0088¶0089); and
a controller (110/170/1000/1018) configured to selectively (e.g., ¶0059 ¶0087) open the fluid control valve (111/1040/fig.10 1040 and 1000).
Frith does not specifically teach:
and the conduit extending from a top portion of the fluid storage receptacle into the interior volume; in response to an applied vacuum pressure to the drainage fluid line,
a pressure sensor in the drainage fluid line, downstream of the fluid control valve, the pressure sensor configured to detect a pressure in the drainage fluid line downstream of the fluid control valve, the monitoring unit coupled to the pressure sensor.
Regarding limitation 1:
In the similar field of endeavor, Greenberg in figs. 1-2 teaches a fluid storage monitoring system (e.g., can or bottle 8 with test kit in test area 18 in top 10), comprising:
a fluid storage receptacle (can or bottle 8) and a conduit (6 from top 10) extending from a top portion 10 of the fluid storage receptacle 8 into the interior volume (straw 6 extending from a top portion 10 of the fluid storage receptacle 8 into the interior volume 8), the drainage fluid line in response to an applied vacuum pressure to the drainage fluid line (this limitation inherently is met by Greenberg as without applying a vacuum pressure from used the drainage from top is not possible) .
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Greenberg‘s tube for Frith ‘s fluid storage receptacle and the modified Frith’s drainage fluid line configured to direct a fluid flow out of the modified Frith’s interior volume and through the modified Frith’s drainage fluid line in response to an applied vacuum pressure to the modified Frith’s drainage fluid line, the modified Frith’s drainage fluid line comprising a conduit fluidly connected to the fluid storage receptacle, and the conduit extending from a top portion of the fluid storage receptacle into the interior volume as taught by Greenberg. One of ordinary skill in the art would know that the location of draining fluid from a tank varies depending on specific installation and circumstances as a design choice and have been motivated to make this modification for example in order to removal of liquid from the tank by a user and be able to drain liquid and also be able to preventing inadvertent or intentional addition of foreign substances to a drink and drink cover for preventing an inadvertent or intentional introduction of foreign substances to a drink (e.g., Greenberg’s ¶0002).
Regarding limitation 2:
In the similar field of endeavor, Edwards in Figs. 2 and 4 teaches a pressure sensor (32/34) in the drainage fluid line (10/12), the pressure sensor (32/34) configured to detect a pressure in the drainage fluid line (10/12) downstream of the fluid source (16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Edwards’ pressure sensor downstream of the modified Frith’s control valve and the modified Frith’s monitoring unit coupled to the modified Frith’s pressure sensor. One of ordinary skill in the art would have been motivated to make this modification in order to have a controlling way of stopping or permitting fluid flow and ensuring the tank is completely evacuated (col.5 lines 45-50/col.10 lines 14-15).
Claim 26
Frith combined with Greenberg and Edwards teaches the fluid storage monitoring system of claim 25, Edwards further teaches wherein the pressure sensor (32/34) comprises a vacuum switch (34) in the drainage fluid line (10/12) the vacuum switch (34) being communicably coupled to the monitoring unit (CPU), the vacuum switch (34) configured to detect a pressure change in the drainage fluid line (10/12), the modified Frith makes teaches the limitation, i.e., the vacuum switch configured to detect a pressure change in the drainage fluid line downstream of Frith’s fluid control valve based on obviousness for the same reason and motivation as cited for claim 25.
Claim 28
Frith in view of Greenberg and Edward teaches the fluid storage monitoring system of claim 25, Greenberg further as cited above teaches wherein the conduit (straw) extends from the top portion of the fluid storage (bottle) receptacle to a location in the interior volume adjacent to a bottom of the fluid storage receptacle (inherent to drain the drinkable liquid) for the same reason and motivation as cited above.
Claim 33
Frith in view of Greenberg and Edwards teaches the fluid storage monitoring system of claim 25, Frith and Greenberg Edwards teach wherein the fluid flow out of the interior volume and through the drainage fluid line comprises a liquid component.
Claim 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over “Frith”, US20200180937A1, in view of “Greenberg”, US-20060144730-A1, and “Edwards”, US 5273085 A and “Haslam”, US20220024298A1.
Claim 34
Frith in view of Greenberg and Edwards teaches the storage monitoring system of claim 25, Frith teaches wherein the sensor 121 is configured to detect the amount of space between the fluid contents and the sensor over a time interval (e.g., ¶0064:e.g., related to time that tank is filled from 0 to a predetermined volume of liquid in height d3, or any suitable times or according to any suitable schedule/ any change inherently is over a the related time interval), the monitoring unit (121/170/1000) configured to determine a change (from d2 to d2-d3) in the amount of space (d1) over the time interval (time equivalent to volume liquid with height d3/ any change inherently is over a the related time interval).
Frith teaches monitoring level of liquid and determine the pressure changes using the variation of liquid level in tank over a time interval (any change inherently is during a time interval), also Frith in view of Edward (and as cited above) teaches a pressure sensor to monitor pressure change from the pressure sensor over the time interval (any change inherently in in a time interval). The combination does not teach the monitoring unit configured to determine a change in the amount of space of the time interval and a pressure change from the pressure sensor over the time interval and determine that the pressure change and the change in the amount of space is an unplanned change.
But this is obvious over Haslam. Haslam in figs.2, 5, and 7 teaches the monitoring unit (526/528) configured to determine a change in the amount of space (level of fluid in tank 212 using level sensor 100/108) over the time interval (every 5 minutes¶0043¶0045); and configured to determine that the change in the amount of space is an unplanned change (¶0046: the computing system 528 may determine whether or not there is a discrepancy between what is indicated on a sales record and what is actually added to the fuel tank¶0049: computing system 526 may also determine information that protects against malfeasance, the computing system 528 determines that fuel is being withdrawn faster than is expected during normal use, which anomaly may be indicative of fuel theft).
Frith teaches the space (level) change is correlated to the pressure changes (e.g., ¶0011¶0020 of Frith,¶0047 Abstract, ¶0080). Haslam as cited above teaches the change in the amount of space is an unplanned change. Therefore:
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Haslam’s monitoring system for the modified Frith‘s storage and determine that the modified Frith’s change in the amount of space and the modified Frith’s pressure change is an unplanned change, and modified Frith’s transmitter configured to receive and transmit data from the sensor to the remote server based upon the determination of the unplanned change as taught by Haslam. One of ordinary skill in the art would have been motivated to make this modification in order to protect against malfeasance (¶0049 of Haslam).
Claim 35
Frith in view of Greenberg and Edwards Haslem teaches the fluid storage monitoring system of claim 34, Haslem further teaches wherein the unplanned change comprises an unplanned decrease in a fluid level of the fluid contents in the fluid storage receptacle for the same reason and motivation as cited above. Frith teaches monitoring pressure change over the time interval (as cited above pressure changes are correlated to change in liquid level and any change inherently is over a the related time interval) and Haslem teaches an unplanned change therefore, the combination makes the limitation “wherein the unplanned change comprises an unplanned decrease in a fluid level of the fluid contents in the fluid storage receptacle and an unplanned pressure change at the pressure sensor” obvious for the same reason and motivation as cited above.
Conclusion
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 Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855
1 ¶0083, controller 170 and 1000 are same
2 Prior art of record
3 Prior art of record
4 Air vent 235 allows Air to enter the container as the container contents are poured from the spout 208. The vent 235 allows air to flow to the bottom of the sensor device 200 (e.g., into the container) via the passage of the vent tube 237. The length of tube 237 selected to achieve a desired flow rate out of the spout 208, tube 237 is sealed/blocked at the end and includes a side hole 238 through which air from the vent hole 235 may pass. By forcing air through the side holes 238, the air flow rate from the vent 235 may be controlled
5 ¶0083, controller 170 and 1000 are same