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 .
Claims 1-20 are pending in the application.
Examiner’s Note: The examiner has cited particular passages including column and line numbers, paragraphs as designated numerically and/or figures as designated numerically in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claims, other passages, paragraphs and figures of any and all cited prior art references may apply as well. It is respectfully requested from the applicant, in preparing an eventual response, to fully consider the context of the passages, paragraphs and figures as taught by the prior art and/or cited by the examiner while including in such consideration the cited prior art references in their entirety as potentially teaching all or part of the claimed invention. MPEP 2141.02 VI: “PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS."
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.
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.
Claim(s) 1-4, 7-12, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nash in view of Vuyk, JR. US Pub. No. 2022/0235532 (“Vuyk”).
Regarding claim 1, Nash teaches a computer system for preventing cracks in a foundation of a building, comprising:
one or more pressure sensors [Structure Sensors 12] configured to be positioned against a foundation of a building [SEE fig. 1 and 2];
FIG. 1 illustrates a block diagram of a system 10 for detecting shifting in a structure (e.g., building or home). The system includes a controller 12, sensors (e.g., structure sensors) 14, sensors (e.g., soil sensors) 16, and an irrigation system 18. The sensors 14 are disposed at a variety of locations (e.g., strategic locations) throughout the structure (e.g., building or home). For example, if a home had four corners, at least one sensor 14 may be disposed in each corner. The number of structure sensors 14 may vary (e.g., 2, 3, or more). The structures sensors 14 may include one or more pressure sensors (e.g., strain gauges, pressure altimeter (e.g., pressurized hydrostatic altimeter), barometer (e.g., aneroid barometer), piezoelectric, etc.) that can be utilized to reference the elevation of a portion the structure (e.g., a portion of the foundation) relative to a set elevation (e.g., initial elevation when the sensor is installed). In other embodiments, the structure sensors 14 may include one or more tilt sensors (e.g., force balance sensor, solid state micro-electromechanical systems, fluid-filled sensors, accelerometers, etc.) that can be utilized to determine a tilt or change in angle of the structure relative to an initial point or reference point (e.g., level condition). Upon installation of the structure sensors 14, the sensors 14 may be calibrated (e.g., relative to a reference such as a reference elevation or tilt condition (e.g., level condition). The sensors 14 may provide feedback related to a condition (e.g., change in elevation or angle) of a portion of the structure. [col. 3 line 44 to col. 4 line 3]
The structure sensors 12, the soil sensors 14, and the irrigation system 18 are in communication with the controller 16. [col. 4 lines 33-35]
An outline of the structure 40 (e.g., in plan view) is indicated by a perimeter 42. One or more structure sensors 12 (ST), as described above, may be located throughout the structure 40. The structure sensors 12 are distributed throughout the structure 40 to provide an indication of a change in condition (e.g., elevation or angle) of any portion of the structure 40. As depicted, the structure sensors 12 are distributed in each corner 44 of the structure 40. The structure sensors 12 may be located in other locations (e.g., centrally located, located in the area between corners 44, etc.). The structure sensors 12 may be associated with the foundation or floor or wall or other portion of the structure 40. The structure sensors 12 may be located internally within the structure 40 and/or externally on the structure 40. [col. 6 lines 3-17]
one or more processors [Processor 26] configured to interface with the one or more pressure sensors and one or more memories [Memory 24], the one or more memories storing non-transitory computer-readable instructions that, when executed by one or more processors, cause the one or more processors to:
monitor pressure measurements captured by the one or more pressure sensors over a period of time [SEE steps 66, 68];
Upon installation of the structure sensors 14, the sensors 14 may be calibrated (e.g., relative to a reference such as a reference elevation or tilt condition (e.g., level condition). The sensors 14 may provide feedback related to a condition (e.g., change in elevation or angle) of a portion of the structure. [Col. 3 line 65 to Col. 4 line 3]
The controller 16 may receive feedback from the structure sensors 12 and determine whether a portion of the structure (e.g., portion of the foundation of the structure) has shifted in elevation (e.g., up or down) or changed an angle (relative to either an initial or reference elevation or angle). [col. 5 lines 7-11]
The method 64 includes monitoring a structure (e.g., home or building) (block 66). The method 64 includes receiving structure feedback (e.g., from structure sensors as described above) (block 68). [Col. 7 lines 52-58]
analyze the pressure measurements captured by the one or more pressure sensors over the period of time in order to determine that the foundation of the building has moved away from the one or more pressure sensors1 over the period of time; and
FIG. 3 is an illustration of a graphical user interface 52 displaying, on a computing device (e.g., computing device 28 in FIG. 1), information related to a condition of a structure. As depicted, the graphical user interface 52 may display a status of the structure indicator 54 provided by the controller (e.g., controller 16 in FIG. 1). The indicator 54 may indicate a change in a condition of a portion of the structure (e.g., shift in elevation and/or change in angle). Some examples of what the indicator 54 may state are “No change throughout structure”, “Change in elevation in back left room”, and “Change in angle in front right corner of structure”. In certain embodiment, the indicator 54 may provide a measurement as well. For example, the indicator 55 may state “Change of negative 0.1 centimeters in elevation in back left room” or “Change in of negative 1 degree in front right corner of structure”. [Col. 6 lines 42-57]
The method 64 also includes determining if a condition of a structure (e.g., angle or elevation) is okay based on the feedback from the structure sensors (block 80). In determining if the condition of the structure is okay, the feedback from the structure sensors may be compared to a reference (e.g., angle or elevation) to determine if a particular measurement has changed from the reference. [Col. 8 lines 20-26]
trigger an alert indicating that the foundation of the building has moved away from the one or more pressure sensors over the period of time [Step 82].
Nash further teaches an outline of the structure 40 (e.g., in plan view) is indicated by a perimeter 42. One or more structure sensors 12 (ST), as described above, may be located throughout the structure 40. The structure sensors 12 are distributed throughout the structure 40 to provide an indication of a change in condition (e.g., elevation or angle) of any portion of the structure 40. As depicted, the structure sensors 12 are distributed in each corner 44 of the structure 40. The structure sensors 12 may be located in other locations (e.g., centrally located, located in the area between corners 44, etc.). The structure sensors 12 may be associated with the foundation or floor or wall or other portion of the structure 40. The structure sensors 12 may be located internally within the structure 40 and/or externally on the structure 40. [col. 6 lines 3-17]. Nash, however, does not explicitly teach one or more pressure sensors configured to be inserted in ground in a vertical orientation against the foundation of the building.
Vuyk teaches system for monitoring a foundation includes a sensor cartridge assembly. Specifically, Vuyk teaches one or more pressure sensors [110 + 140] configured to be inserted in ground [310] in a vertical orientation against the foundation [322] of the building [SEE fig. 19].
[0008] In another embodiment, a method of monitoring a foundation, includes acquiring temperature and pressure data from first and second sensors installed within a sensor tube attached to the foundation. The method further includes determining the temperature and pressure data from the first and second sensors to be stabilized.
[0043] Referring to both FIGS. 2 and 3, sensor 140 disposed in sensor tube 128 is representative of any sensor 140 of the foundation monitoring system 1000. In some embodiments, as illustrated, it is contemplated that sensor 140 includes a printed circuit board 142 with a surface 144 on which are attached a connector 146 for attaching to wiring 130, one or more sensor chip 148, and a communication chip 150. As described above, the one or more sensor chip 148 is configured to measure a pressure and/or a temperature of the ambient environment at the sensor 140.
[0094] With the ability to push sensor tube 128 around bends in a raceway 220 and achieve long runs, a foundation may be monitored by sensors 140 in a sensor tube 128 that is placed within a raceway 220 mounted to the perimeter of a foundation. The foundation may be newly constructed or pre-existing. As discussed above, the accuracy of the data obtained from the sensors 140 is enhanced by thermally insulating the raceway 220 and sensor tube 128 therein from daily thermal and atmospheric pressure changes, and by placing the raceway 220 below ground level 310. A raceway 220 may be fitted to a perimeter of an existing foundation and/or a perimeter of an existing structure, and sensor tube 128 with sensors 140 may be installed in the raceway 220 in order to provide monitoring of the perimeter of the foundation and/or the perimeter of the structure, respectively. Such an installation may be planned prior to the creation of the foundation and/or the structure. Alternatively, or additionally, such installation may be planned and executed as a retrofit to an existing foundation and/or an existing structure.
[0106] In all of the above embodiments, measurements from each sensor 140 are obtained without moving the sensor 140 from one measurement location to another measurement location in between taking measurements. The sensor 140 is used to acquire measurements over the course of a time period that may be seconds, minutes, hours, days, weeks, months, or years in duration.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the system of Nash with one or more pressure sensors configured to be inserted in ground in a vertical orientation against the foundation of the building of Vuyk. As suggested by Vuyk, the accuracy of the data obtained from the sensors is enhanced by thermally insulating the raceway and sensor tube therein from daily thermal and atmospheric pressure changes, and by placing the raceway below ground level against the foundation.
Regarding claim 2, Nash discloses to interface with the one or more valves associated with a watering system, and wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: control the one or more valves to open such that water is provided to the foundation of the building based upon the triggered alert [In response to any change in elevation or angle of a portion of the structure, the controller 16 may ascertain a potential cause (e.g., soil condition, weather event, etc.) and/or provide a recommendation or suggestion for remediation (e.g., water a certain portion of the soil, add soil in a certain area, etc.). In certain embodiments, the controller 16 may take action in response to the change in elevation or angle of the portion of the structure. For example, the controller 16 may send a control signal to the irrigation system 18 to water a certain portion of the soil (e.g., to a certain moisture level) – Col. 5 line 20-30].
Regarding claim 3, Nash discloses the watering system includes one or more of a water hose or a sprinkler system associated with the building [SEE irrigation system 18 in fig. 1].
Regarding claim 4, Nash discloses wherein the one or more pressure sensors are each configured to be positioned at different locations with respect to the foundation of the building [SEE 12 of fig. 2], wherein the one or more valves are each positioned at different locations with respect to the foundation of the building [The irrigation system 18 is disposed on or in the soil 46 about the perimeter 42 of the structure 40. In certain embodiments, the irrigation system 18 includes one or more soaker hoses 50. The number of soaker hoses 50 may vary – Col. 6 lines 26-42], and wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: analyze the pressure measurements captured by the one or more pressure sensors, and the locations at which each of the one or more pressure sensors are positioned, over the period of time in order to determine that a portion of the foundation of the building has moved away from one or more pressure sensors at particular locations over the period of time [Col. 7 lines 25-44 - Water the soil adjacent the front right corner of the house]; and trigger an alert indicating that the portion of the foundation of the building has moved away from the one or more pressure sensors at particular locations over the period of time, wherein controlling the one or more valves to open such that water is provided to the foundation of the building based upon the triggered alert includes controlling one or more valves, positioned in locations corresponding to the portion of the foundation of the building that has moved away from the one or more pressure sensors, to open such that water is provided to the portion of the foundation of the building based upon the triggered alert [Col. 8 lines 20-42].
Regarding claim 7, Nash discloses analyze data captured by the moisture sensors within a second period of time after the alert is triggered to determine an amount of moisture associated with the foundation of the building over the second period of time; and wherein controlling the one or more valves to open such that water is provided to the foundation of the building based upon the triggered alert is based upon the amount of moisture associated with the foundation of the building over the second period of time [SEE steps in fig. 4; and Col. 7 line 45 to Col. 8 line 19].
Regarding claim 8, Nash discloses alert indicating that the foundation of the building has moved away from the one or more pressure sensors over the period of time includes generating a notification to be provided via a user interface of a mobile computing device associated with a user [Col. 5 lines 44-46; Col. 6 line 42 to Col. 7 line 44].
Regarding claims 9-12, 15-16, they are directed to a non-transitory computer-readable medium storing instructions to implement the system as set forth in claims 1-4, 7-8. Therefore, they are rejected on the same basis as set forth hereinabove.
Regarding claims 17-20, they are directed to the method of steps to implement the system as set forth in claims 1-4, 7-8. Therefore, they are rejected on the same basis as set forth hereinabove.
Claim(s) 5-6, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nash/Vuyk as applied to claim 1 or 9 above, and further in view of Eng.
Regarding claim 5, Nash teaches access weather data associated with a region in which the building is located; and analyze the weather data to determine whether precipitation is predicted within a second period of time after the alert is triggered [Col. 4 lines 33-50; Col. 5 lines 35-38]. Nash further teaches The controller 16 may also take into account a weather forecast in controlling the moisture level of the soil via the irrigation system 18. Nash/Vuyk does not teach wherein controlling the one or more valves to open such that water is provided to the foundation of the building based upon the triggered alert is based upon whether precipitation is predicted within the second of time after the alert is triggered.
Eng teaches a system comprises a number of sensors configured to detect various soil moisture content within a zone of a property and a sprinkler controller configured to schedule the watering for the zone of the property in response to the soil moisture content and weather prediction information. Specifically, Eng teaches controlling the one or more valves to open such that water is provided to the property of the building based upon the moisture triggered is based upon whether precipitation is predicted within the second of time after the moisture is triggered.
[0117] A sprinkler controller 302 may use moisture information collected by one or more other sprinkler controllers 302 to determine its own watering schedule.
[0118] A sprinkler controller 302 may use weather information to adjust a sprinkler schedule. Different weather information may come from accessing a website--for example weatherdata.com--or another local weather station local to the user's home.
[0119] The sprinkler system 300 may accommodate forecasting or weather predictions. For example, the sprinkler system 300 may look at both the chance of precipitation and the amount of precipitation from a standardized database, such as weather.com. Both may be variable. For example, if the chance of precipitation is 50% for 6 inches of rain, the sprinkler system 300 may not water. In another example, if the chance of precipitation is 90% for 3 inches of rain, the sprinkler system 300 may not water. In another example, if the chance of precipitation is 95% for 1/2 inch of rain, the sprinkler system 300 may still water. In summary, both the overall chance of precipitation and the amount of rain can be adjustable and variable within ranges.
[SEE and READ further Fig. 9 – par. 0184-0194]
Before the effective filing data of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the system of Nash/Vuyk with the feature discussed above of Eng to control the one or more valves to open such that water is provided to the foundation of the building based upon the predict precipitation within the second of time after the alert is triggered in order to minimize water usage. Thus, save cost.
Regarding claim 6, Nash/Vuyk in view of Eng teaches analyze the weather data to determine an amount of precipitation that is predicted within the second period of time, wherein controlling the one or more valves to open such that water is provided to the foundation of the building based upon the triggered alert is based upon whether the amount of precipitation that is predicted within the second period of time is greater than a threshold amount of precipitation [SEE fig. 9 of Eng].
Regarding claim 13-14, see discussion in claims 5-6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 10,526,763 to Conner et al. teach methods and apparatus for detecting a change in an orientation of a portion of a structure. In some embodiments, the apparatus includes a processor, an energy storage unit, a location reporting unit, a wireless communication module and one or more inclination sensors. In some embodiments, each of the one or more inclination sensors is configured to measure inclination by measuring an orientation of the each of the one or more inclination sensors relative to a gravitational acceleration vector.
CN 214994150 U to Yin, Peng et al. teach a monitoring and pre-warning device for generating additional deformation due to temperature influence of foundation pit enclosure structure, especially relates to a monitoring and pre-warning device of super-wide foundation pit enclosure structure temperature additional deformation. Specifically, Yin, Peng et al. teach the soil pressure measuring system 6 must be arranged before construction of the enclosure structure 4 before and before driving, foundation in the horizontal direction every 10m selecting the supporting structure (pile) for arrangement, preferably in the vertical direction every 2.5m is arranged with a soil pressure sensor; Preferably, the first soil pressure sensor in the vertical direction is arranged at a position of 3m below the ground.
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 VINCENT HUY TRAN whose telephone number is (571)272-7210. The examiner can normally be reached M-F 7:00-4:00.
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, Kamini S Shah can be reached at 571-272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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VINCENT H TRAN
Primary Examiner
Art Unit 2115
/VINCENT H TRAN/Primary Examiner, Art Unit 2115
1 The ability to detect movement toward or away is an inherent feature of a pressure sensor by sensing a decreasing of applied pressure overtime.