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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/18/2025 has been entered.
Response to Amendments
Entry of Amendments
Claim(s) 1, 12, and 18 have been amended.
Claim(s) 2 and 13 have been amended.
Claim(s) 21-22 have been added.
Applicant's arguments with respect to Claim(s) 1, 3-12, 14-22 have been considered but are moot because the arguments do not apply to the reference(s) and/or ground(s) being used in the current rejection.
For further details see the rejections/objections for Claim(s) 1, 3-12, 14-22 herein.
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 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 of this title, 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, 3-12, 14-20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Slone et al. (US 20220306347; hereinafter Slone) in view of SMITH et al. (US 20210396698).
Regarding claim 1, Slone teaches in figure(s) 1-13 a system, comprising:
a liquid monitoring system (plugs 100/300/700/1200 within system of 200; figs. 1-3,7,12), wherein the liquid monitoring system is externally coupled to a liquid storage container (container barrels 210) storing a liquid (para. 33 - container having e.g., wine, other alcohol or spirit being aged), wherein the liquid monitoring system comprises an electrode and a sensor (electrochemical sensor 800, sensing electrode 810, reference electrode 820; fig. 8), wherein the electrode generates data (para. 60 - generating an amperometric signal to indicate presence of the target substance) and the sensor generates environmental data, wherein the environmental data comprises at least one of a temperature or a humidity (para. 4 - Environmental sensors such as for temperature and humidity can also be included) and wherein the liquid monitoring system is not in contact with the liquid (para. 26 - sensors analyze ions and particles carried by gases that are released by the aging wine, spirits or other liquid into the container, thus eliminating the need to contact the liquid for sampling and also reducing the time for results to be obtained compared to wet chemistry);
a storage container monitoring computing system (computers, processors 230,240; fig. 2) in communication with the liquid monitoring system over a communications network (para. 33 - plugs can communicate with a mobile device 230 (e.g., smart phone, tablet, smart watch) using wireless technology such as BLUETOOTH®), the storage container monitoring computing system comprising a non-transitory computer-readable medium having computer-executable instructions stored thereon and one or more computer processors (para. 33 - system 200 e.g., using a central processor 240 can receive data measurements from the plugs, analyze the current levels and the recorded data, and make recommendations on actions to take), the computer-executable instructions configured to instruct one or more computer processors to perform the following operations:
receive the data and the environmental data generated by the liquid monitoring system (para. 33 – processor 240 receive data measurements from the plugs … that affect quality of wine, other alcohol or spirit being); and
based on the received data and the environmental data, determine an alcohol by volume for the liquid stored in the liquid storage container (para. 65 - Substances measured inside the storage container can include one or more of: carbon dioxide (CO.sub.2), oxygen, pH, acetic acid, sulfur dioxide (SO.sub.2), alcohol (e.g., ethanol), malic acid and sugar; para. 60 - produce a current based on a volumetric fraction of a substance).
Slone does not teach explicitly using a model that correlates the received capacitance data and the environmental data to an alcohol concentration.
However, SMITH teaches in figure(s) 1-37 using a model (paras. 301, 312-315 - a mathematical model of the apparatus is used to directly calculate values of capacitance (dielectric constant) and resistance (conductivity) from the measured in-phase and quadrature values of the difference signal; step 937 in fig. 31; figs. 25,27-28,30) that correlates the received capacitance data (para. 346-348 :- capacitance of the cell is calculated; para. 482 - capacitance varies with the dielectric permittivity of ingredients may include water, alcohol and other electrically polarisable substances or particles in the fluid) and the environmental data (para. 378 - dielectric constant of water varies with temperature. Therefore, it is also desirable to measure temperature and make an appropriate compensation. FIG. 1 shows a temperature sensor 105 located with the fluid sensor cell 110. An output indicative of temperature is provided to the signal processing 130) to an alcohol concentration (para. 82 - aqueous solution with a contaminant (e.g. a cleaning agent), where the property to be measured is the concentration of the contaminant…beverage where a measured value indicative of a capacitance quantity varies with an alcoholic content of the beverage; para. 379 - monitoring the proportion of water in any chemical mixture such as: beer/whiskey manufacturing e.g. to determine alcohol content; para. 283 - system 100 for monitoring a fluid, such as a liquid or a gas; para. 488 - temperature sensor which measures a surface temperature of an outside wall of the sensor cell 611, FIG. 14 in a non-contact manner).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Slone by having using a model that correlates capacitance and the environmental data to alcohol concentration as taught by SMITH in order to provide use of known technique to improve similar devices (methods, or products) in the same way as evidenced by "the property to be measured is the concentration of the contaminant. Another example is a beverage where a measured value indicative of a capacitance quantity varies with an alcoholic content of the beverage." (para. 82 of SMITH).
Regarding claim 3, Slone teaches in figure(s) 1-13 the system of claim 1, wherein the electrode is one of a plurality of electrodes coupled to the liquid monitoring system (para. 60 - the electrodes 810, 820 and 830; fig. 8).
Regarding claim 4, Slone teaches in figure(s) 1-13 the system of claim 3, wherein the plurality of electrodes comprises a sensing electrode and a static electrode (para. 60 - sensing electrode 810, reference electrode 820).
Regarding claim 5, Slone teaches in figure(s) 1-13 the system of claim 4, wherein the sensor is a temperature sensor (para. 4 - Environmental sensors such as for temperature and humidity can also be included).
Regarding claim 6, Slone teaches in figure(s) 1-13 the system of claim 4, wherein the sensor is a humidity sensor (para. 4 - Environmental sensors such as for temperature and humidity can also be included).
Regarding claim 7, Slone teaches in figure(s) 1-13 the system of claim 4, wherein the sensor is a one of a plurality of sensors, wherein the plurality of sensors comprises a temperature sensor and a humidity sensor (para. 4 - Environmental sensors such as for temperature and humidity can also be included).
Regarding claim 8, Slone in view of SMITH teaches the system of claim 1,
SMITH additionally teaches in figure(s) 1-37 wherein the determination of the alcohol by volume (para. 377 - Dielectric constant of the fluid is approximately equal to the average by volume of the two components) for the liquid stored in the liquid storage container is based on a model according to a type of liquid being stored (para. 383 - frequency of the drive signal may be selected based on the type of fluid under test; para. 457 - system 600 may be configured to fit the stored data to a predetermined curve type such as an exponential curve, polynomial equation such as a second order, third order or any other suitable order of polynomial equation, or any other suitable predetermined curve type; figs. 27, 30)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Slone by having wherein the determination of the alcohol by volume for the liquid stored in the liquid storage container is based on a model according to a type of liquid being stored as taught by SMITH in order to provide suitable electrical parameter data and actionable report from liquid sensing as evidenced by "Dielectric constant of the fluid is approximately equal to the average by volume of the two components, so for a 10% mix we would expect to see a dielectric constant of around 72." (para. 377 of SMITH).
Regarding claim 9, Slone teaches in figure(s) 1-13 the system of claim 1, wherein the liquid storage container is a barrel and the liquid is distilled spirits (para. 29 - embodiments can be applied to spirits such as whiskey, bourbon, rum, tequila, cognac).
Regarding claim 10, Slone teaches in figure(s) 1-13 the system of claim 9, comprising a plurality of liquid monitoring systems, wherein each of the plurality of liquid monitoring systems is externally (external sensing plug device 100/300/700/1200; figs. 1-3, 7, 12).
Regarding claim 11, Slone teaches in figure(s) 1-13 the system of claim 10, wherein each of the respective barrel of distilled spirits is a wooden storage container (para. 34 - wood of the barrel is charred to impart flavor to the spirits) having a wooden end and each liquid monitoring system of the plurality of liquid monitoring system is coupled to the respective wooden end wall (para. 34 - sensor plugs of the present disclosure may be utilized to detect phenols and/or other substances indicative of the smoky or charring flavors resulting from the barrel).
Regarding claim 12, Slone teaches in figure(s) 1-13 a system, comprising:
a plurality of liquid monitoring systems (plug 100/300/700/1200 within system of 200; figs. 1-3,7,12), wherein each of the plurality of liquid monitoring systems is coupled to a wooden end wall (para. 36 - A ring 322 is also near the top end of the plug to limit how far the plug is inserted into the barrel) of a respective liquid storage container (wood container barrels 210) that is storing a respective alcoholic liquid in a storage facility (para. 33 - container having e.g., wine, other alcohol or spirit being aged), wherein the liquid monitoring system comprises an electrode and a sensor (electrochemical sensor 800, sensing electrode 810, reference electrode 820; fig. 8), wherein the electrode generates data (para. 60 - generating an amperometric signal to indicate presence of the target substance) and the sensor generates environmental data (para. 4 - Environmental sensors such as for temperature and humidity can also be included) and wherein the liquid monitoring system is not in contact with the liquid (para. 26 - sensors analyze ions and particles carried by gases that are released by the aging wine, spirits or other liquid into the container, thus eliminating the need to contact the liquid for sampling and also reducing the time for results to be obtained compared to wet chemistry);
a storage container monitoring computing system (computers, processors 230,240; fig. 2) in communication with each of the plurality of liquid monitoring systems over a communications network (para. 33 - plugs can communicate with a mobile device 230 e.g., smart phone, tablet, smart watch using wireless technology such as BLUETOOTH®), the storage container monitoring computing system comprising computer-readable medium having computer-executable instructions stored thereon and one or more computer processors (para. 33 - system 200 e.g., using a central processor 240 can receive data measurements from the plugs, analyze the current levels and the recorded data, and make recommendations on actions to take), the computer-executable instructions configured to instruct one or more computer processors to perform the following operations:
receive the data and the environmental data generated by the liquid monitoring system (para. 33 – processor 240 receive data measurements from the plugs … that affect quality of wine, other alcohol or spirit being) by each of the plurality of liquid monitoring systems; and
for the alcoholic liquids stored in each of the plurality of liquid storage containers, determine an alcohol by volume based on the received data and the environmental data for each respective liquid storage container (para. 65 - Substances measured inside the storage container can include one or more of: carbon dioxide (CO.sub.2), oxygen, pH, acetic acid, sulfur dioxide (SO.sub.2), alcohol (e.g., ethanol), malic acid and sugar; para. 60 - produce a current based on a volumetric fraction of a substance).
Slone does not teach explicitly wherein the determination of the alcohol by volume is based on a model using the received capacitance data and the received environmental data as inputs.
However, SMITH teaches in figure(s) 1-37 wherein the determination of the alcohol by volume is based on a model (paras. 301, 312-315 - a mathematical model of the apparatus is used to directly calculate values of capacitance (dielectric constant) and resistance (conductivity) from the measured in-phase and quadrature values of the difference signal; step 937 in fig. 31; figs. 25,27-28,30) using the received capacitance data (para. 346-348 :- capacitance of the cell is calculated; para. 482 - capacitance varies with the dielectric permittivity of ingredients may include water, alcohol and other electrically polarisable substances or particles in the fluid) and the received environmental data as inputs (para. 378 - dielectric constant of water varies with temperature. Therefore, it is also desirable to measure temperature and make an appropriate compensation. FIG. 1 shows a temperature sensor 105 located with the fluid sensor cell 110. An output indicative of temperature is provided to the signal processing 130).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Slone by having wherein the determination of the alcohol by volume is based on a model using the received capacitance data and the received environmental data as inputs as taught by SMITH in order to provide use of known technique to improve similar devices (methods, or products) in the same way as evidenced by "the property to be measured is the concentration of the contaminant. Another example is a beverage where a measured value indicative of a capacitance quantity varies with an alcoholic content of the beverage." (para. 82 of SMITH).
Regarding claim 14, Slone teaches in figure(s) 1-13 the system of claim 12, wherein the electrode is one of a plurality of electrodes coupled to the liquid monitoring system, and wherein the plurality of electrodes comprises a sensing electrode and a static electrode (para. 60 - sensing electrode 810, reference electrode 820).
Regarding claim 15, Slone teaches in figure(s) 1-13 the system of claim 12, wherein the sensor is any of a temperature sensor and a humidity sensor (para. 4 - Environmental sensors such as for temperature and humidity can also be included).
Regarding claim 16, Slone in view of SMITH teaches the system of claim 12,
SMITH additionally teaches in figure(s) 1-37 wherein the determination of the alcohol by volume (para. 377 - Dielectric constant of the fluid is approximately equal to the average by volume of the two components) is based on a model associated with a type of alcoholic liquid stored in the liquid storage container (para. 383 - frequency of the drive signal may be selected based on the type of fluid under test; para. 457 - system 600 may be configured to fit the stored data to a predetermined curve type such as an exponential curve, polynomial equation such as a second order, third order or any other suitable order of polynomial equation, or any other suitable predetermined curve type; figs. 27, 30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Slone by having wherein the determination of the alcohol by volume for the liquid stored in the liquid storage container is based on a model according to a type of liquid being stored as taught by SMITH in order to provide suitable electrical parameter data and actionable report from liquid sensing as evidenced by "Dielectric constant of the fluid is approximately equal to the average by volume of the two components, so for a 10% mix we would expect to see a dielectric constant of around 72." (para. 377 of SMITH).
Regarding claim 17, Slone teaches in figure(s) 1-13 the system of claim 12, wherein each of the plurality of liquid storage containers is a wooden storage container (para. 34 - wood of the barrel is charred to impart flavor to the spirits) having a wooden end wall and each liquid monitoring system of the plurality of liquid monitoring system is coupled to the respective wooden end wall (para. 34 - sensor plugs of the present disclosure may be utilized to detect phenols and/or other substances indicative of the smoky or charring flavors resulting from the barrel), wherein the liquid monitoring system does not contact the alcoholic liquid (para. 26 - sensors analyze ions and particles carried by gases that are released by the aging wine, spirits or other liquid into the container, thus eliminating the need to contact the liquid for sampling and also reducing the time for results to be obtained compared to wet chemistry).
Regarding claim 18, Slone teaches in figure(s) 1-13 a storage container monitoring computing system comprising computer-readable medium having computer-executable instructions stored thereon and one or more computer processors (computers, processors 230,240; fig. 2), the computer-executable instructions configured to instruct one or more computer processors to perform the following operations (para. 33 - system 200 e.g., using a central processor 240 can receive data measurements from the plugs, analyze the current levels and the recorded data, and make recommendations on actions to take):
receiving a measurement from each of the plurality of liquid monitoring systems (para. 33 – processor 240 receive data measurements from the plugs … that affect quality of wine, other alcohol or spirit being), wherein each of the plurality of liquid monitoring systems (plugs 100/300/700/1200 within system of 200; figs. 1-3,7,12) is coupled to a respective one of a plurality of liquid storage containers (container barrels 210) positioned within a storage facility, wherein each of the plurality of respective liquid monitoring systems comprises at least one electrode configured to measure (electrochemical sensor 800, sensing electrode 810, reference electrode 820; fig. 8; para. 60 - generating an amperometric signal to indicate presence of the target substance) and each of the plurality of liquid storage containers is storing a liquid (para. 33 - container having e.g., wine, other alcohol or spirit being aged), wherein each of the plurality of liquid monitoring systems is not in contact with the liquid (para. 26 - sensors analyze ions and particles carried by gases that are released by the aging wine, spirits or other liquid into the container, thus eliminating the need to contact the liquid for sampling and also reducing the time for results to be obtained compared to wet chemistry);
receiving environmental data representative of an ambient condition within the storage facility, wherein the environmental data comprises temperature data (para. 4 - Environmental sensors such as for temperature and humidity can also be included);
for the liquid stored in each of the plurality of liquid storage containers, determine an alcohol (para. 65 - Substances measured inside the storage container can include one or more of: carbon dioxide (CO.sub.2), oxygen, pH, acetic acid, sulfur dioxide (SO.sub.2), alcohol (e.g., ethanol), malic acid and sugar; para. 60 - produce a current based on a volumetric fraction of a substance) based on the received data for each respective liquid storage container (para. 33 – processor 240 receive data measurements from the plugs … that affect quality of wine, other alcohol or spirit being) and the received environmental data.
Slone does not teach explicitly wherein the determination is based on a model that correlates capacitance data and temperature data to the alcohol by volume.
However, SMITH teaches in figure(s) 1-37 wherein the determination is based on a model (paras. 301, 312-315 - a mathematical model of the apparatus is used to directly calculate values of capacitance (dielectric constant) and resistance (conductivity) from the measured in-phase and quadrature values of the difference signal; step 937 in fig. 31; figs. 25,27-28,30) that correlates capacitance data (para. 346-348 :- capacitance of the cell is calculated; para. 482 - capacitance varies with the dielectric permittivity of ingredients may include water, alcohol and other electrically polarisable substances or particles in the fluid) and temperature data (para. 378 - dielectric constant of water varies with temperature. Therefore, it is also desirable to measure temperature and make an appropriate compensation. FIG. 1 shows a temperature sensor 105 located with the fluid sensor cell 110. An output indicative of temperature is provided to the signal processing 130) to the alcohol by volume (para. 377 - Dielectric constant of the fluid is approximately equal to the average by volume of the two components).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Slone by having wherein the determination is based on a model that correlates capacitance data and temperature data to the alcohol by volume as taught by SMITH in order to provide use of known technique to improve similar devices (methods, or products) in the same way as evidenced by "the property to be measured is the concentration of the contaminant. Another example is a beverage where a measured value indicative of a capacitance quantity varies with an alcoholic content of the beverage." (para. 82 of SMITH).
Regarding claim 19, Slone teaches in figure(s) 1-13 the storage container monitoring computing system of claim 18, wherein the at least one electrode comprises a sensing electrode and a static electrode (para. 60 - sensing electrode 810, reference electrode 820).
Regarding claim 20, Slone teaches in figure(s) 1-13 the storage container monitoring computing system of claim 18, wherein the temperature data is collected by each of the plurality of respective liquid monitoring systems (para. 38 - a temperature and humidity sensor 374 for measuring internal temperature and humidity within the storage container).
Regarding claim 22, Slone teaches in figure(s) 1-13 the system of claim 1, wherein the liquid monitoring system further comprises an accelerometer (para. 43 - an accelerometer may be incorporated into the plugs), and wherein the computer-executable instructions are configured to determine a structural shift of the liquid storage container (para. 43 - detect the angle of the device when installed, or the angle of the vessel to which the plug is attached… providing further information about the storage container that the device is monitoring.) based on acceleration data received from the accelerometer.
Allowable Subject Matter
Claim 21 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 21, the prior arts of record do not fairly teach or suggest “further comprising a radiating cable positioned within a storage facility housing the liquid storage container, wherein the radiating cable comprises a perforated shielding and is configured to receive wireless signals broadcast by the liquid monitoring system.” including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKM ZAKARIA whose telephone number is (571)270-0664. The examiner can normally be reached on 8-5 PM (PST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JUDY NGUYEN can be reached on 571-272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKM ZAKARIA/
Primary Examiner, Art Unit 2858