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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 4, 2026, has been entered.
Response to Amendment
The Amendment filed 02/04/2026 has been entered. Claims 1 and 4-15 are pending in the application, where claims 2-3 have been canceled.
Response to Arguments
Applicant's arguments filed 01/21/2026 have been fully considered but they are not persuasive. Regarding pg. 7 of the Remarks filed 01/21/2026, Examiner agrees that Williams fails to disclose “initiating and/or calibrating” as is written in the context of the amended claim 1. However, upon further search and consideration, Examiner asserts that Crouse discloses the features of amended claim 1.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-8, and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Williams et al. (US 20180156652 A1) in view of Crouse et al. (US 20180044159 A1).
Regarding claim 1, Williams discloses [Note: what Williams fails to disclose is strike-through]
A modular level measurement system, for measuring the level of a product in a tank, comprising:
sensing circuitry for generating a transmit signal, transmitting the transmit signal towards a surface of the product in the tank, and receiving a reflection signal resulting from reflection of the transmit signal at the surface of the product (see Fig. 1, sensor element 120; Pg. 2, paragraph 0022, the sensor operates by transmitting radar, ultrasonic, or other electromagnetic pulses toward the material and receiving reflections of the pulses from the material), to allow determination of the level of the product based on a timing relation between the transmit signal and the reflection signal (see pg. 2, paragraph 0024, “…the sensor 120 implements Time Domain Reflectometry”);
wireless communication circuitry for wirelessly transmitting a signal indicative of the level of the product to a remote receiver (see Fig. 2, element 204; Pg. 4, paragraph 0041, connection terminal 204 can be “a wireless radio that supports wireless communications”; pg. 2, paragraph 0020, “the sensor 120 could identify a level of the material 104 in the tank 102”);
a memory for storing data related to a status of the tank (see Fig. 2, memory element 218),
wherein the modular level measurement system comprises:
a first module to be fixed to the tank (see Figs. 1 and 2, element 120), the first module including at least the memory (see Fig. 2, element 218) and a communication interface of the first module (see Fig. 2, element 204); and
a second module including at least a communication interface of the second module (see Fig. 1, element 124 and communication interface element 132),
the second module comprises operation control circuitry for controlling operation of the modular level measurement system (see Fig. 1, element 124; Pg. 2, paragraph 0026, “The MCU [main control unit] 124 includes any suitable structure for interacting with or controlling a sensor for a tank.”); and
the operation control circuitry is configured to provide a first control signal sequence for controlling operation of the modular level measurement system (see pg. 2, paragraph 0026, “The MCU 124 includes any suitable structure for…controlling a sensor for a tank.”)
a control signal for acquisition of data stored in the memory of the first module (see Fig. 5, element 516; Pg. 6, paragraph 0064, the processing device can transmit stored measurements from the sensor to the MCU); and
Crouse discloses
the second module being configured to be removably attached to the tank having the first module fixed thereto (see Figs. 6A and 6B, second module element 310; pg. 7, paragraph 0064, the main housing 310 can be attached and detached to the container with attachment bands or clamps; Fig. 2A, first module element 210), in such a way that the communication interface of the second module couples with the communication interface of the first module, to allow signal exchange between the first module and the second module (see pg. 7, paragraph 0068, the sensor housing 210 can wirelessly couple with and communicate with the main unit 310),
in response to detection of attachment of the second module to the tank, (see pg. 7, paragraph 0068, “The sensor housing 210 is then attached in Step 615 to the outer wall body…The sensor housing 210 can then be coupled 620 to the main unit 310 via a wired connection 317 or, alternatively, may wirelessly communicate with the main unit”):
control signals for initiating and/or calibrating the modular level measurement system using the data acquired from the memory of the first module (see Fig. 9; pg. 7, paragraph 0068, “The sensor housing 210 can then be coupled 620 to the main unit 310 via a wired connection 317 or, alternatively, may wirelessly communicate with the main unit. Once the unit is installed on the container 110 at Step 625, the driver initiates an auto-calibration process 700.”; pg. 7, paragraph 0069, “an illustrative auto-calibration process 700 is enabled by software and hardware associated with the fill level indicator 200, including data processing device 330.”; pg. 6, paragraph 0058, “Because the illustrative data processing device 330 is inexpensive and includes minimal on-board storage, information received by the wireless transceiver 350 may be stored in memory storage 340 and then loaded to the data processing device 330. Additionally, fill level data and other measurements can be stored in memory storage 340 to be transmitted at a later time.”).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Crouse into the invention of Williams. Both Williams and Crouse are considered analogous arts to the claimed invention as they both disclose sensor systems for monitoring the level of material inside a tank. Williams discloses a first module, a second module, sensing circuitry, communication circuitry, control circuitry, and a memory for detecting the level of product in a tank; however, Williams fails to disclose the detachability of the second module, sending control signals in response to the attachment of the second module, and initiating or calibrating the measurement system using data from the memory of the first module. These features are disclosed by Crouse where the second module can be physically attached and detached from a tank, module signaling begins after the successful attachment, and the second module can begin calibrating using data from the memory of the first module. The combination of Williams and Crouse would be obvious with a reasonable expectation of success in order to provide easier maintenance for the module by making it removeable while still maintaining connection with the tank for data collection, to reduce unnecessary battery usage by only having the second module collect data when it is attached to the container as opposed to when it is attached to nothing, and to improve sensing efficiency by taking into account tank level history data from a module’s memory.
Regarding claim 4, Williams further discloses
The modular level measurement system according to claim 3, wherein:
the modular level measurement system further comprises processing circuitry for determining the level of the product based on a timing relation between the transmit signal and the reflection signal (see pg. 3, paragraph 0027, “…generally includes… processing circuitry for generating measurements associated with the material 104 in the tank”; pg. 2, paragraph 0024, “…the sensor 120 implements Time Domain Reflectometry”); and
the control signals for controlling the modular level measurement system using the data acquired from the memory of the first module includes control signals to:
control the sensing circuitry to transmit a transmit signal towards the surface of the product in the tank, and receive a reflection signal resulting from reflection of the transmit signal at the surface of the product (see pg. 2, paragraph 0024, the sensor 120 can generate and transmit pulses downward into the tank 102 and receive pulses reflected off contents within the tank); and
control the processing circuitry to determine a current level of the product in the tank based on a timing relation between the transmit signal and the reflection signal, and based on the data acquired from the memory of the first module (see pg. 1, paragraph 0009, the device can determine a measurement associated with the material in the tank using the information associated with the received signal).
Regarding claim 5, Williams further discloses
The modular level measurement system according to claim 4, wherein the operational control circuitry is further configured to:
control the processing circuitry to provide, to the memory in the first module (see Fig. 5, element 516, memory storage of measurement), a signal indicative of the current level of the product in the tank (see Fig. 5, element 514; Pg. 6, paragraph 0063, “The material measurement(s) generated here could include…a level of material 104 in the tank 102”).
Regarding claim 6, Williams further discloses [Note: what Williams fails to disclose is strike-through]
The modular level measurement system according to claim 4, wherein:
(see pg. 4, paragraph 0041, the connection terminal allows the modules to be coupled);
the control signals for controlling the modular level measurement system using the data acquired from the memory of the first module includes control signals to:
compare, if the memory of the first module contains data indicative of a previously determined level of product in the tank associated with a stored previously received time stamp signal (see Fig. 2, memory element 218; Fig. 5, element 516 for stored measurements), the current level of the product in the tank with the previously determined level of product in the tank (see Fig. 2, processing device element 216; Pg. 4, paragraph 0046, the processing device can analyze information about the reflected signals); and
control, if a difference between the current level and the previously determined level is greater than a predefined threshold, the wireless communication circuitry to wirelessly transmit a signal indicative thereof to the remote receiver (see Fig. 2, connection terminal element 204; Pg. 4, paragraph 0047, the sensor device can send data to the MCU).
Crouse discloses
the second module is configured to transmit time stamp signals to the first module (see pg. 10, paragraph 0089, “Reporting [step] 815 may also include other recorded measurement and time stamps”; pg. 9, paragraph 0086, data processing device 330 of indicator 200 [see Fig. 1] can perform step 815 in process 800 [Fig. 11]; Fig. 2A, second module 310 connects to first module 210; pg. 6, paragraph 0064, the main housing 310 holds the data processing device 330; Fig. 1, data processing device element 330 can connect to and send data to elements 220 and 230; Fig. 2B, elements 220 and 230 are located within first module 210),
the first module is configured to store at least the latest received time stamp signal as data in the memory of the first module (see pg. 6, paragraph 0058, “fill level data and other measurements can be stored in memory storage 340 to be transmitted at a later time”; Fig. 5, memory storage element 316 connects to elements 220 and 230);
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Crouse into the invention of Williams. Williams fails to disclose the time stamp aspect of claim 6. This feature is disclosed by Crouse where the second module can record time stamps and communicate measured data to the first module as well as store data in memory. The combination of Williams and Crouse would be obvious with a reasonable expectation of success in order to keep track of when measurements were taken to improve efficiency and data collection, so a user or algorithm is able to see how measurements change over time.
Regarding claim 7, Williams further discloses
The modular level measurement system according to claim 1, wherein:
the second module comprises operation control circuitry for controlling operation of the modular level measurement system (see Fig. 1, element 124; Pg. 2, paragraph 0026, “The MCU 124 includes any suitable structure for interacting with or controlling a sensor for a tank.”); and
the operation control circuitry in the second module is configured to provide a second control signal sequence for controlling operation of the modular level measurement system in response to detection of detachment of the second module from the tank (see pg. 4, paragraph 0041, the connection terminal allows the modules to be coupled wirelessly, even when the second module is detached from the tank).
Regarding claim 8, Crouse further discloses
The modular level measurement system according to claim 7, wherein the second control signal sequence includes a control signal for controlling circuitry comprised in the second module to transition from an active state to a passive state, in response to the sensed detachment of the second module from the tank (see pg. 5, paragraph 0049, “the fill level indicator can be placed in an inactive battery conserving state, when not actively taking measurements or transmitting data, to conserve battery power.”).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Crouse into the invention of Williams. Williams fails to disclose the passive mode of the sensor module. This feature is disclosed by Crouse. The combination of Williams and Crouse would be obvious with a reasonable expectation of success in order to help the battery last multiple years, therefore reducing costs by minimizing the need to change or replace batteries (see Crouse pg. 6, paragraph 0062).
Regarding claim 11, Williams further discloses
The modular level measurement system according to claim 1, wherein the second module comprises:
the wireless communication circuitry for wirelessly transmitting the signal indicative of the level of the product to a remote receiver (see Fig. 1, interface element 132; pg. 2, paragraph 0026, “interface 132 includes any suitable structure facilitating communication over a connection or network, such as… a wireless interface”); and
a local energy store for providing electrical energy to the circuitry in the second module (see Fig. 1, element 132; Pg. 2, paragraph 0026, the MCU can include wireless communication and an electrical signal network such as a foundation fieldbus network).
Regarding claim 12, Williams further discloses
The modular level measurement system according to claim 11, wherein the second module further comprises:
the sensing circuitry (see Fig. 1, element 124; Pg. 2, paragraph 0026, “The MCU 124 includes any suitable structure for interacting with or controlling a sensor for a tank.”); and
the processing circuitry (see Fig. 1, element 128; Pg. 2, paragraph 0026, the MCU 124 could include at least one processing device 128).
Regarding claim 13, Williams further discloses
The modular level measurement system according to claim 1, comprising an attachment arrangement for attaching the second module to the tank in such a way that the communication interface of the second module couples with the communication interface of the first module (see pg. 4, paragraph 0041, “The connection terminal 204 allows the sensor 120 to be coupled to an external device, system, or network, such as to the MCU 124”).
Regarding claim 14, Williams further discloses
The modular level measurement system according to claim 13, wherein the attachment arrangement comprises:
a first part comprised in the first module (see Fig. 2, element 204); and
a second part comprised in the second module (see pg. 4, paragraph 0041, “The connection terminal 204 allows the sensor 120 to be coupled to… the MCU 124”).
Regarding claim 15, Williams further discloses
An inventory system comprising:
a plurality of modular level measurement systems according to claim 1;
a remote receiver configured to receive wireless signals from the level measurement systems (see pg. 2, paragraph 0021, The MCU 124 could be remotely located from the sensor 120); and
an inventory database coupled to the remote receiver for storing information encoded by the received wireless signals (see pg. 2, paragraph 0026, the MCU has a memory component).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Williams et al. (US 20180156652 A1) in view of Crouse et al. (US 20180044159 A1) and further in view of Garcia et al. (US 12019090 B2).
Regarding claim 9, Williams further discloses [Note: what Williams fails to disclose is strike-through]
The modular level measurement system according to claim 7, wherein, the first module comprises a wireless signal transmitter (see Fig. 2, transmitter element 212; pg. 4, paragraph 0045, the transmitter 212 could be coupled to an antenna), and a local energy store providing electrical energy to the wireless signal transmitter (see Fig. 2, power supply element 206),
Garcia discloses
the wireless signal transmitter being configured to transmit a signal for enabling location of the first module following detachment of the second module from the tank (see Fig. 1B, position determination circuitry 108; col. 11, lines 17-19, the position determination circuitry 108 can determine the geographic location of the field device 100; col. 6, lines 23-25, field device may be attached to a mobile container)
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Garcia into the inventions of Williams and Crouse. Williams, Crouse, and Garcia are considered analogous arts to the claimed invention as they all disclose sensor systems for monitoring the level of material inside a tank. Williams and Crouse disclose the teachings of claim 7; however, Williams and Crouse fail to disclose wireless transmission of a signal enabling the location of the first module following detachment of the second module. This feature is disclosed by Garcia where position determination circuitry can provide a location of the module. The combination of Williams, Crouse, and Garcia would be obvious with a reasonable expectation of success in order to improve efficiency and organization by keeping track of the location of a container, especially when multiple containers are being monitored, so it is easier to locate a specific container.
Regarding claim 10, Garcia discloses
The modular level measurement system according to claim 9, wherein:
the first module comprises an accelerometer (see Fig. 1B, motion sensor element 107; col. 12, lines 36-39, motion sensor 107 may be an accelerometer) and
the wireless signal transmitter included in the first module is configured to transmit the signal for enabling location of the first module (see Fig. 1B, position determination circuitry 108; col. 11, lines 17-19, the position determination circuitry 108 can determine the geographic location of the field device 100; col. 6, lines 23-25, field device may be attached to a mobile container) following an indication by the accelerometer of movement of the first module (see col. 12, lines 33-36, “the position change and/or movement of the field device 100 may be determined based on a movement signal from a movement sensor 107”).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Garcia into the inventions of Williams and Crouse. Williams and Crouse fail to disclose an accelerometer that detects movement and the enabling of the location of the first module, and therefore the location of the tank. This feature is disclosed by Garcia where the sensor module on the tank includes a motion sensor which can be an accelerometer that can help provide location information. The combination of Williams, Crouse, and Garcia would be obvious with a reasonable expectation of success in order to improve cost efficiency by providing “information such as position, full message, empty message, storage or the like… in an optimized manner…for example, a filling quantity and number of filling actions can be determined for a tank, a replacement of the tanks can be better scheduled, media in the tanks can be detected in a more demand-oriented manner, and the position determination of the field devices can be made usable locally but also worldwide.” (see Garcia col. 5, lines 51-56).
Additional Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and may be found on the accompanying PTO-892 Notice of References Cited:
US 20220268620 A1 (Schiller); A product container includes sensors and logic that detects a product weight (e.g., detects a total package or container weight and makes adjustments based on known weights of the package or container alone) and communicates the weight to a user's device. An indication may be provided that the product weight has fallen below a set threshold value for reordering, and the user may be prompted to reorder the product. The user may electronically reorder the product or a similar product from their device using one or more software applications.
US 8244411 B2 (Baker); An orientation-based wireless sensor includes a transmitter unit having a body housing a microprocessor, a transmitter, and an accelerometer for detecting the orientation of the transmitter unit relative to one-, two- or three-axis of the direction of the pull of earth's gravity. The transmitter body is mounted on a feature of a vehicle that it is desirable to monitor. The transmitter will transmit orientation data at predetermined time intervals to a receiver on the vehicle, which will in turn process the information, adding additional information, such as GPS location, and wirelessly send the data to a database that is available to a customer over the Internet.
US 20250271292 A1 (Cosson); A sensor device for measuring the level of material in a container, including: a shell, and at least one contactless level sensor housed inside the shell, the shell including a measurement window enabling the passage of a detection signal emitted by the sensor and the passage of a reflected detection signal, after reflection against the free surface of the material inside the container. The sensor device further includes a fastener secured to the shell, enabling the removable fastening of the sensor device outside the container, on a connector secured to the container, with the measurement window of the shell positioned opposite a corresponding opening formed in the container.
US 20230060411 A1 (Gluck); Systems and methods are disclosed for tank level monitoring. To perform monitoring of fuel levels of fuel tanks, tank level monitor devices may be affixed to the fuel tanks. The tank level monitors may be used to provide data relating to the fuel tanks to a remote location (such as a mobile device application). A predictive algorithm may also be implemented to more effectively schedule refueling events for various fuel tanks.
US 11365110 B2 (Burton); Disclosed is a smart device housing configured to fixably attach to a beverage vessel having a domed surface at a distal end, the domed surface adjacent a wall terminating at a lip, the smart device housing including an exterior configured as a transformable shape enabling a locking fit between the lip and the domed surface of the beverage vessel. Also disclosed is a system wherein a smart device has at least one proximity, image or distance sensor having a beam of detection with a path, the sensor located and directed such the beam of detection covers a location where a coupler can be attached to the beverage vessel, the smart device configured to determine whether the coupler is attached to the beverage vessel by measuring whether the path is obstructed by the coupler. Also disclosed is a method of determining the fill status of a beverage container.
WO 2022233596 A1 (Kaupe); Aspects described herein generally relate to methods and systems for non-invasively determining the fill level in a container. More specifically, aspects described herein relate to determining the fill level in a container using a sensor device attached to the outside of the container to generate and detect an audio signal and using the detected audio signal in combination with container specific information and a data driven model to determine the fill level in the container.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISABELLA A EDRADA whose telephone number is (571)272-4859. The examiner can normally be reached Mon - Fri 9am-5pm EST.
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/ISABELLA AMEYALI EDRADA/Examiner, Art Unit 3648
/BRADY W FRAZIER/Primary Examiner, Art Unit 3648
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