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 .
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “13” has been used to designate both pressure sensor (Para 38) and “pH sensor” (Para 40). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: fluid 31 (Para 41). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "14" (Para 40) and "5 “ (Para 49) have both been used to designate temperature sensor. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claims 5-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 5, this claim merely duplicates the last 2 lines of claim 1. What is Applicant’s intent?
As to claim 7, the preamble calls for an “apparatus” (i.e. operative connected elements), but the body calls for a mere list of parts as the device for determining location is not connected to any remaining limitation.
As to claim 13, “for the group” (line 20) to - - from the group - - .
As to claim 8, the transmitter does not convert the analog signal “from the transmitter”. Such is not consistent with drawings, where analog signal is sent - - to the transmitter - - .
As to claim 10, does “the fluid monitor device” (line 2) relate to a “Obtaining a fluid monitoring” (line 2)? Should “Obtaining a fluid monitoring” read - - Obtaining a fluid monitoring device - - , or maybe - - Obtaining a fluid monitoring of a fluid monitoring device - - ?
As to claim 14, “the user” was not initially/earlier introduced. Should this claim have depended upon claim 12 which includes “a user”?
As to claim 16, “the sensors” (last line) is not fully consistent with “device” (line 4). Is the device a plurality of sensors? Doe “the sensors” refer to the “one device”? Does the - - one device comprise sensors - - ? Maybe, the one device is at least one sensor, and “the sensors” relate to 2 more, for a total of 3? What is Applicants intent?
A to claim 17, this is a means plus function limitation, so what exact structure does such relate to in the specification/drawings, if any. If there is none, what does “means” then add to this claim?
A to claims 18,19, this is a means plus function limitation, so what exact structure does such relate to in the specification/drawings, if any. If there is none, what does “means” then add to this claim?
As to claim 18, “for the” (line 2) should be - - from the - - .
As to claim 20, what are each of the tank fluid monitoring devices limited to? Are each limited to include all of lines 2-last of claim 16? Are each limited to include devises other than lines 2-last (claim 1), resulting in the claim being limited to at least 3 monitoring structures? What is Applicant’s intent?
Claim(s) 1,3,4,5,10,11,12,16,17 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Lin et al 20190148196.
As to claims 1,3,5,10 Lin et al 20190148196 teaches (Figure 1) an apparatus comprising: an outer protective housing; a wireless communication device 114 inside the outer protective housing (“The sensor system may also include a wireless transmitter in communication with the environmental sensor, the wireless transmitter disposed within the FOUP. In some embodiments, the wireless transmitter is configured to receive the one or more measured environmental parameters from the environmental sensor”, Para 44); at least one device 110 for determining at least one property of a fluid that is connected to the outer protective housing; and at least one transmitter 116 (“ the processor 116 may be configured to receive measurements from the one or more environmental sensors 110 and transmit the measurements via the transmitter 114” , Para 29) for sending data from the at least one device for determining the at least one property of a fluid to the wireless communication device. Sensors measure environment (at least humidity and humidity per Para 19).
As to claims 4,10,11, Li calls for a “graphic or alert, on a display” (Para 39) on display 140 (per Para 39) and storage (per Para 21).
As to claim 12, there is a display device 140.
As to claim 16,17, the “measured parameters” are placed on “graphic .
Claim(s) 1,3,4,5,6,7,10,11,12,13,14,15,16,18,19 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Mebberson WO 2018/176097.
As to claims 1,3, Mebberson WO 2018/176097 teaches (Figure 1) an apparatus comprising: an outer protective housing 48; a wireless communication device 38 inside the outer protective housing; at least one device 36 for determining at least one property of a fluid that is connected to the outer protective housing;
“Since fluid, such as water, will find its natural level that corresponds to a horizontal plane, the less fluid that is within chamber 22 the greater angle to which the bottle 12 must be titled for the fluid 30 to flow out of outlet 28. Since the capacity of chamber 22 is known the processor 36 can calculate the volume of the fluid within the bottle at an angle when the fluid makes contact with, or ceases to contact, the proximity sensor 32. The transmitter 38 then wirelessly transmits the processed data via a short- range network, to a computing device and/or display unit, such as a smartphone 44 or activity tracker 46 to display the volume of the fluid having passed through the outlet 28, such as during a drinking event. The short-range network may be an independent low power radio network, BLUETOOTH® or BLUETOOTH® Low Energy (BLE).”
It is not stated how the measurements from 36 are sent to the device 36.
As to claims 1,3, either a sensing transmitter is inherent, as such is necessary to send the measurement, or in the alternative, one of ordinary skill would immediately recognize that a transmitter would effective do so
As to claim 4, amount of water is sent to a smart phone with memory.
As to claim 5,6, “there is illustrated an apparatus 10 for measuring a change in fluid level within a container 12”.
As to claims 7,10,11,12, either a smart phone monitors location, or one of ordinary skill knows that they permit for doing so while walking.
As to claims 13,18, “ to a computing device and/or display unit, such as a smartphone 44 or activity tracker 46 to display the volume of the fluid having passed through the outlet 28, such as during a drinking event’, either indicative of weight, or suggestive of such.
As to claims 14,15,19, the phone alerts that it’s time for refilling, per “The volume of fluid remaining within the container after said single drinking or pouring event can be calculated to indicate when the container requires refilling”.
As to claim 16, the Refence teaches use of a plurality of sensor to allow for calculating volume, for ultimate display and control.
“ moving the container in a second direction such that the fluid disengages from said proximity sensor or sensors and stops flowing out through said outlet, wherein the angle sensor measures said second angle, the time between when the fluid is caused to flow out through said outlet and when the fluid stops flowing out through said outlet demarcating an event;
calculate a volume of the fluid having passed through the outlet during said event; and
displaying an indicia to a user indicating said volume of the fluid having passed through the outlet during said event or information relating thereto.
Preferably said event is a drinking event. More preferably the fluid is a non- viscous fluid, such as but not limited to water. The indicia may be the volume of fluid consumed during the drinking event measured in millilitres or fluid ounces. Alternatively, the processor of the apparatus or a wirelessly linked computing device may calculate the amount of fluid required by a user depending upon their age, fitness, climate, activity and time of day, to thereby display the indicia as a percentage of the total amount of fluid that is required by the user to remaining adequately hydrated.
The processor or controller of the apparatus or a wirelessly linked computing device may also be in communication with a display unit attached to the bottle or container, for instance coded red, orange, green LED lights, that indicate if the required amount of fluid has been consumed by the user. “
Claim(s) 4,9,17 is/are rejected under 35 U.S.C. 103 as obvious over Mebberson WO 2018/176097 as applied against claims 1,8 and 16, in further in view of Kellond et al 2014/0087685.
Mebberson teaches (claim 11) use of colors to display data.
Kellong teaches (Para 45) graphical display of information.
As to claims 4,17, it would have been obvious to employ graphical in Mebberson to effectively provide data to a user.
Claim(s) 4,17 is/are rejected under 35 U.S.C. 103 as obvious over Mebberson WO 2018/176097 in view of Rogers et al CN 111867672.
As to claims 4,17, Rogers teaches remote tracking of drinking water and of patients who have smart phones, suggestive of employing such monitoring in Mebberson.
Claim(s) 2,4,8,17,20 is/are rejected under 35 U.S.C. 103 as obvious over Mebberson WO 2018/176097 as applied against claims 1,16 and 19, in further in view of Brynelsen et al CN 102448538.
As to claims 2,4,17,20, Brynelsen teaches (Description on Paragraphs 10,26,178) remote tracking of drinking information of patients who retain smart phones in rural areas, suggestive of employing such monitoring in Mebberson. As such, a physician/medical system is connected to different smart phone in Mebberson.
As to claim 8, it is well known to utilize a pressure sensitive element at the bottom of a container to provide a signal to a signal monitor to effectively measure quantity of drinking liquid, suggestive of employing a simpler sensitive element.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as obvious over Mebberson WO 2018/176097 in view of Brynelsen ‘538 as applied against claim 8, and further in view of Kellond et al 2014/0087685.
Kellong teaches (Para 45) graphical display of information.
As to claims 4,17, it would have been obvious to employ graphical in Mebberson to effectively provide data to a user.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
As to claim 1, Rodriguez 2022/0141554 teaches (Figure 1) an apparatus comprising: an outer protective housing 10; a wireless communication device 140 120 can be implemented with a wireless network transmitter/receiver”, Para 45) for sending data from the at least one device for determining the at least one property (Para 42) of a fluid (from sensors) to the wireless communication device 140. The wireless unit 140 is not “inside” the protective housing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Monday to Friday from 8am to 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera, can be reached at telephone number 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT R RAEVIS/Primary Examiner, Art Unit 2855