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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-3, 5-11, 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Roser (US 3672749 A), hereafter known as Roser in view of Drummond (GB 2473177 A), hereafter known as Drummond.
Regarding claim 1, Roser discloses a sewer cleanout cap (fig 1, cap 10 is on the end of a sewer line acting as the sewer cleanout cap, Roser) comprising:
a body portion configured to be disposed on a sewer drain cleanout (fig 4, housing 16, Roser);
a valve disposed on the body portion (fig 2 and 3, valve 46, Roser);
a window plug removably coupled to the valve, the window plug configured to enable a user to check sewer drainage (fig 4, window plug comprised of 42, 38, 36, is removably coupled to the valve via housing 16, and the window plug is used to check sewer drainage, Roser); and
a radio-frequency identification (RFID) tag configured to transmit a return signal when energized, the RFID tag disposed on the body portion (not disclosed).
Roser does not disclose a RFID tag disposed on the body portion, configured to transmit a return signal when energized. However, Drummond teaches a RFID tag disposed on the body portion (fig 3, RFID tag 14 is on body 1, Drummond) configured to transmit a return signal when energized (page 12, lines 21-23, tag sends a signal back after being energized by signal 25, Drummond). Drummond describes a RFID tag and service system for pipelines, a field closely related to Roser and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art at time of filing to incorporate the teachings of Drummond into Roser and attach the RFID tag of Drummond onto the cap of Roser. The ability to perform maintenance actions based on the RFID signal would speed up the maintenance process, as well as provide more information to the user.
Regarding claim 2, Roser in view of Drummond discloses the sewer cleanout cap of claim 1, wherein the RFID tag stores a unique identifier (UID), the UID enabling access to information relating to the sewer drain cleanout (page 3 last paragraph and page 4 first paragraph, Drummond, RFID has a unique reference, which enables access to information relating to the equipment on the first computing means).
Regarding claim 3, Roser in view of Drummond discloses the sewer cleanout cap of claim 2, wherein the information relating to the sewer drain cleanout includes an installation date of the sewer cleanout cap, a cleanout and maintenance history, and/or a location (page 6, Drummond, lines 15-18, the information can be the servicing and validation records of equipment)
Regarding claim 5, Roser in view of Drummond discloses the sewer cleanout cap of claim 1, wherein the body portion includes threads (fig 3, body 16 has threads, Roser).
Regarding claim 6, Roser in view of Drummond discloses the sewer cleanout cap of claim 1, wherein the body portion defines one or more recesses in a perimeter of the body portion (figs 3 and 4, body 16 has recess 44 on the perimeter to attach the valve, Roser),
Regarding claim 7, Roser in view of Drummond discloses the sewer cleanout cap of claim 1, wherein the window plug includes a window to enable visibility and/or access into the sewer drain cleanout (figs 1 and 4, window 38 allows visibility into the cleanout, Roser),and wherein the window is comprised of glass (col 3, lines 84-86, viewing class 38 is shatterproof glass, Roser).
Regarding claim 8, Roser in view of Drummond discloses the sewer cleanout cap of claim 1, wherein the window plug includes a gasket to seal any gaps between the window plug and the sewer cleanout cap (fig 4, col 3 lines 42-45, O ring 36 seals the gap between window plug and housing 16, Roser)
Regarding claim 9, Roser discloses a method for using a sewer cleanout cap (col 3, lines 10-11, the cap can be used to inspect for obstructions, col 4, lines 1-6, the valve can be used to add fluid to the pipe, Roser), wherein the sewer cleanout cap is coupled to a sewer drain cleanout (fig 1, cap 10 is on the end of a sewer line acting as the sewer cleanout cap, Roser), but does not disclose a computer-implemented method for using a sewer cleanout cap comprising:
generating an energizing signal for a radio-frequency identification (RFID) tag by an RFID reader, the RFID tag disposed on an outer body portion of the sewer cleanout cap.
receiving a return signal from the RFID tag by the RFID reader; and
determining a maintenance action for a sewer drain cleanout based on the return signal.
However, Drummond teaches a computer-implemented method for using a sewer pipe connection comprising:
generating an energizing signal for a radio-frequency identification (RFID) tag by an RFID reader (fig 6, page 12, line 21, Drummond, handheld computer 20, which is also the RFID reader sends signal to tag 14), the RFID tag disposed on an outer body portion of the sewer pipe connection (fig 3, RFID tag 14 is on the outer portion of sewer pipe 1, Drummond)
receiving a return signal from the RFID tag by the RFID reader (fig 6, page 12, lines 22-23, signal 26 travels from RFID 14 to reader 20, Drummond); and
determining a maintenance action for a sewer drain cleanout based on the return signal (page 13, lines 1-2, Drummond). Drummond describes a RFID tag and service system for pipelines, a field closely related to Roser and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art at time of filing to incorporate the teachings of Drummond into Roser and attach the RFID tag of Drummond onto the cap of Roser. The ability to perform maintenance actions based on the RFID signal would speed up the maintenance process, as well as provide more information to the user.
Regarding claim 10, Roser in view of Drummond discloses the computer-implemented method of claim 9, wherein the RFID tag stores a unique identifier (UID), the UID enabling access to information relating to a sewer drain cleanout. (page 3 last paragraph and page 4 first paragraph, Drummond, RFID has a unique reference, which enables access to information relating to the equipment on the first computing means).
Regarding claim 11, Roser in view of Drummond discloses the computer-implemented method of claim 10, wherein the information relating to the sewer drain cleanout includes an installation date of the sewer cleanout cap, a cleanout and maintenance history, and/or a location (page 6, Drummond, lines 15-18, the information can be the servicing and validation records of equipment).
Regarding claim 13. Roser in view of Drummond discloses the computer-implemented method of claim 9, wherein the maintenance action is performed without removing the sewer cleanout cap. (page 13, lines 1-8, Drummond, maintenance actions can be checking for evidence of current or past leakage, which does not involve removing the end cap.)
Regarding claim 14, Roser in view of Drummond discloses the computer-implemented method of claim 9, further comprising:
transmitting information to a display of the RFID reader to display information relating to the RFID tag (page 12, line 21-25, page 13, line 1-2, information is transmitted from RFID tag to computer 20, which is the RFID reader, and information relating to the RFID tag, such as if there has been access or what level of servicing is required, is shown on display screen 21, Drummond); and
modifying the displayed information via the RFID reader (page 13, lines 14-24, documentation is entered into computer 20, which is the RFID reader, changing the displayed information, Drummond).
Regarding claim 15, Roser in view of Drummond discloses the computer-implemented method of claim 14, wherein the RFID reader is a mobile device (fig 5, page 12, line 1, computer 20 is hand held and a mobile device, Drummond).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Roser in view of Drummond, in further view of Chemical Containers’ product page, “Cast Iron Pipe Caps - Various Sizes”, hereafter known as Chemicalcontainers.
Regarding claim 4, Roser in view of Drummond discloses the sewer cleanout cap of claim 1, bit does not disclose wherein the body portion is comprised of at least one of lead or cast iron. However, Chemicalcontainers discloses pipe end caps made of cast iron (product title, Chemicalcontainers). Chemicalcontainers is a product page for pipe end caps, a field closely related to Roser, Drummond, and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art at time of filing to incorporate the teachings of Chemicalcontainers into Roser in view of Drummond and construct the end cap of Roser out of cast iron. Cast iron pipe end caps are very well known in the art for their durability and longevity, features that can benefit the end cap of Houghton in view of Roser. Additionally, It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the material used, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Roser in view of Drummond, in further view of Hecere’s product page “13.56Mhz ISO14443A RFID PVC Coin Card Sticker Tag UID Changeable Sector0 Block 0 Rewritable(Pack of 10)”, hereafter known as Hecere.
Regarding claim 12, Roser in view of Drummond discloses the computer-implemented method of claim 10, but does not disclose further comprising: reprogramming the UID of the RFID tag.
However, Hecere teaches a RFID with reprogrammable UID (product title, product video, Lexi). Hecere is a product page for a RFID sticker tag, a field related to Roser, Drummond, and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art at time of filing to incorporate the teachings of Hecere into Roser in view of Drummond and add the feature of reprogramming the UID to the RFID of Roser in view of Drummond. Since the UID gives access to information about the end cap, in the event that the RFID tag is damaged but the end cap is still able to be used, being able to reprogram the UID allows a new RFID with the same UID to be installed in the end cap to continue to give access.
Claims 16,17,19,20 are rejected under 35 U.S.C. 103 as being unpatentable over Roser in view of Drummond, in further view of saVRee’s YouTube video “How Ball Valves Work”, hereafter known as saVRee.
Regarding claim 16, Roser discloses a system for using a sewer cleanout cap, comprising:
a body portion configured to be disposed on a sewer drain cleanout (fig 4, housing 16, Roser);
a valve disposed on the body portion, (fig 2 and 3, valve 46, Roser), wherein the valve is a ball valve (not disclosed);
a window plug removably coupled to the valve, the window plug configured to enable a user to check sewer drainage (fig 4, window plug comprised of 42, 38, 36, is removably coupled to the valve via housing 16, and the window plug is used to check sewer drainage, Roser); and
a radio-frequency identification (RFID) tag configured to transmit a return signal when energized (not disclosed), the RFID tag disposed on the body portion;
a processor (not disclosed); and
a memory storing instructions which, when executed by the processor (not disclosed), cause the system to:
generate an energizing signal for the RFID tag by an RFID reader (not disclosed), the RFID tag disposed on the body portion of the sewer cleanout cap (not disclosed), wherein the sewer cleanout cap is coupled to a sewer drain cleanout (fig 1, cap 10 is coupled to sewer drain cleanout, Roser));
receive the return signal from the RFID tag by the RFID reader (not disclosed); and
determine a maintenance action for a sewer drain cleanout based on the return signal (not disclosed).
Roser does not disclose a RFID tag or reader, nor their specifics. However, Drummond teaches:
a radio-frequency identification (RFID) tag configured to transmit a return signal when energized (page 12, lines 21-23, tag sends a signal back after being energized by signal 25, Drummond), the RFID tag disposed on the body portion (fig 3, RFID tag 14 is on body 1, Drummond);
a processor (fig 6, page 12, line 1, computer 20, Drummond); and
a memory storing instructions which (page 12, lines 1-5, computer 20 has memory, and line 21 discloses computer 20 sending a signal, thus the memory must store instructions followed by computer 20, Drummond), when executed by the processor (page 12, lines 21-28, computer 20 executes the instructions to send signal and check the reference number, Drummond), cause the system to:
generate an energizing signal for the RFID tag by an RFID reader (page 12, line 21, Drummond), the RFID tag disposed on the body portion of the sewer pipe (fig 3, RFID tag 14 is on body 1, Drummond),
receive the return signal from the RFID tag by the RFID reader (page 12, lines 21-28, computer 20 receives return signal 26, Drummond) and
determine a maintenance action for a sewer drain cleanout based on the return signal (page 13, lines 1-2, computer 20 and engineer determine a maintenance action, Drummond).
Drummond describes a RFID tag and service system for pipelines, a field closely related to Roser and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art at time of filing to incorporate the teachings of Drummond into Roser and attach the RFID tag of Drummond onto the cap of Roser. The ability to perform maintenance actions based on the RFID signal would speed up the maintenance process, as well as provide more information to the user.
Roser in view of Drummond does not disclose the valve to be a ball valve. However, saVRee teaches a ball valve (0:12, saVRee). saVRee is a video about valves in piping, a field related to Roser, Drummond, and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art at time of filing to incorporate the teachings of saVRee into Roser in view of Drummond and use a ball valve as the valve of Roser in view of Drummond. Ball valves are very well known in the art, and are fast acting (2:00, saVRee), allowing the draining or adding of fluid into the cleanout to happen faster.
Regarding claim 17, Roser in view of Drummond and saVRee discloses the system of claim 16, wherein the RFID tag stores a unique identifier (UID), the UID enabling access to information relating to the sewer drain cleanout (page 3 last paragraph and page 4 first paragraph, Drummond, RFID has a unique reference, which enables access to information relating to the equipment on the first computing means).
Regarding claim 19, Roser in view of Drummond and saVRee discloses the system of claim 16, wherein the maintenance action may be performed without removing the sewer cleanout cap (page 13, lines 1-8, Drummond, maintenance actions can be checking for evidence of current or past leakage, which does not involve removing the end cap.)
Regarding claim 20, Roser in view of Drummond and saVRee discloses the system of claim 16, wherein the instructions when executed further cause the system to:
transmit information to a display of the RFID reader to display information relating to the RFID tag (page 12, line 21-25, page 13, line 1-2, information is transmitted from RFID tag to computer 20, which is the RFID reader, and information relating to the RFID tag, such as if there has been access or what level of servicing is required, is shown on display screen 21, Drummond);
and modify the displayed information via the RFID reader (page 13, lines 14-24, documentation is entered into computer 20, which is the RFID reader, changing the displayed information, Drummond).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Roser in view of Drummond and saVRee, in further view of Hecere.
Regarding claim 18, Roser in view of Drummond and saVRee discloses the system of claim 17 but does not disclose wherein the instructions when executed further cause the system to: reprogram the UID of the RFID tag.
However, Hecere teaches a RFID with reprogrammable UID (product title, product video, Lexi). Hecere is a product page for a RFID sticker tag, a field related to Roser, Drummond, and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art at time of filing to incorporate the teachings of Hecere into Roser in view of Drummond and saVRee and add the feature of reprogramming the UID to the RFID of Roser in view of Drummond and saVRee. Since the UID gives access to information about the end cap, in the event that the RFID tag is damaged but the end cap is still able to be used, being able to reprogram the UID allows a new RFID with the same UID to be installed in the end cap to continue to give access.
Conclusion
THIS ACTION IS MADE FINAL. 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 HAOTIAN LU whose telephone number is (571)272-0444. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Rinehart, can be reached at (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/H.L./Examiner, Art Unit 3753
/KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753