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 .
Election/Restrictions
Claims 6-9 and 49 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species and method, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4 May 2026. The arguments with respect to the restriction however do not contain any arguments directed to the specific restriction and therefore are moot.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 5, 11, 15, 17 are objected to because of the following informalities: the claims each recite the phrase “wherein determine one or more liquid measurements values” which should be changed to –the determination of the one or more liquid measurement values-- or similar as it refers back to a previous limitation. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 4, 5, 19, 22, 24-32, 36, 39, 42 and 44-46 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Early US 2004/0004550.
Regarding claim 1, Early discloses as seen in fig. 1, 3 and 4, a liquid monitoring system, the liquid monitoring system comprising:
a monitoring device 12, the monitoring device configured to be positioned at a surface of a confined liquid body (device 12 is in tank 22 at the surface of a liquid), the monitoring device comprising:
a housing 14 including one or more walls 20 at least partially defining a cavity; and
an internal sensing sub-system, the cavity of the housing configured to enclose the internal sensing sub-system (fig. 3), the internal sensing sub-system comprising one or more liquid monitoring sensors (40a, 40b, 40c, 40d), the one or more liquid monitoring sensors configured to monitor at least one of a level, a temperature, or a quality of the confined liquid body (paragraph 0052); and
one or more processors 28 communicatively coupled to the one or more liquid monitoring sensors, the one or more processors configured to execute a set of program instructions in a memory, the set of program instructions configured to cause the one or more processors to:
receive a set of liquid monitoring data from the one or more liquid monitoring sensors, the set of liquid monitoring data including at least one of liquid level data, liquid temperature data, or liquid quality data for the confined liquid body; and
determine one or more liquid measurement values based on the set of liquid monitoring data, the determined one or more liquid measurement values including at least one of a liquid level measurement value, a temperature measurement value, or a liquid quality measurement value for the confined liquid body (paragraphs 0054-056).
Regarding claim 4, Early teaches the sensors as being ultrasonic sensors as claimed (paragraph 0052).
Regarding claim 5, the liquid level value of Early is determined based on the ultrasonic waves as claimed (paragraph 0056).
Regarding claim 19, Early discloses a power source 34 as claimed.
Regarding claim 22, Early teaches multiple liquid monitoring sensors 40a-d arranged in the cavity of the housing as claimed.
Regarding claim 24, Early teaches one of the liquid monitoring sensors as being a temperature sensor 40a which extends and is therefore a probe as claimed.
Regarding claim 25, the system of Early floats in the liquid in a vertical direction as seen in fig. 4, and therefore the bottom of the monitoring system would be a counterweight allowing it to position the sensors downward as shown.
Regarding claim 26, the system of Early comprises one or more processors 28 coupled to the liquid monitoring sensors and configured to execute a set of program instructions in a memory (inherent in the operation of the processor), and one or more communication devices 30.
Regarding claims 27 and 28, Early teaches one or more platform servers (to transmit the data as seen in fig. 2), comprising one or more processors and communications devices configured to execute a set of program instructions in a memory and through a data gateway (the communications through the internet would inherently comprise processing means and program instructions).
Regarding claim 29, Early discloses the use of a communications device 18 and monitoring station 16 which receives and displays data for a user (paragraphs 0037-0038).
Regarding claim 30, Early discloses in paragraph 0064 the generation of one or more alerts based on one or more predetermined thresholds (contamination level) and the determined liquid measurement value.
Regarding claim 31, the alerts of Early would be aural or visual on the communications device which would be a computer (paragraph 0037) which would only provide such alerts.
Regarding claim 32, the system of Early comprises sensors 40a-d which make contact with the fluid in use.
Regarding claim 36, Early teaches the confined liquid body including water within a water storage tank (paragraph 0018).
Regarding claim 39, Early teaches a liquid monitoring device comprising a housing 14 including one or more walls 20 at least partially defining a cavity; and
an internal sensing sub-system, the cavity of the housing configured to enclose the internal sensing sub-system (fig. 3), the internal sensing sub-system comprising one or more liquid monitoring sensors (40a, 40b, 40c, 40d), the one or more liquid monitoring sensors configured to monitor at least one of a level, a temperature, or a quality of the confined liquid body (paragraph 0052), the monitoring device configured to be positioned at a surface of the confined liquid body as seen in fig. 1 and 4.
Regarding claim 42, Early teaches multiple liquid monitoring sensors 40a-d arranged in the cavity of the housing as claimed.
Regarding claim 44, Early teaches one of the liquid monitoring sensors as being a temperature sensor 40a which extends and is therefore a probe as claimed.
Regarding claim 45, the system of Early floats in the liquid in a vertical direction as seen in fig. 4, and therefore the bottom of the monitoring system would be a counterweight allowing it to position the sensors downward as shown.
Regarding claim 46, Early discloses a power source 34 as claimed.
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.
Claim(s) 2, 3, 23, 40, 41 and 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Early and Shukla et al. US 5,767,775.
Regarding claim 2, Early teaches the claimed invention but does explicitly disclose the monitoring sensors as having no direct contact with the confined liquid body as claimed. Shukla teaches a liquid monitoring device which can float on a surface of a liquid and comprises a sensor which can be encapsulated entirely within the device 1 to determine level of the fluid in which the device is floating in. it would have been obvious to one or ordinary skill in the art at the time of filing to have combined the teachings of Shukla with those of Early in order to provide sensors within the device of early that are protected entirely from the surrounding fluid which may prolong their life and protect them in hazardous fluids.
Regarding claim 3, Early teaches the claimed invention but does explicitly disclose the monitoring device as having a conical shape. Shukla teaches a liquid monitoring device which can float on a surface of a liquid and comprises a conical shape (fig. 1; column 2, line 47). It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Shukla with those of Early in order to provide a conical shape for the monitoring device to better keep the sensor in the desired orientation on the top of the liquid.
Regarding claim 23, Early teaches the claimed invention but does explicitly disclose the monitoring sensors as having no direct contact with the confined liquid body as claimed. Shukla teaches a liquid monitoring device which can float on a surface of a liquid and comprises a sensor which can be encapsulated entirely within the device 1 to determine level of the fluid in which the device is floating in. it would have been obvious to one or ordinary skill in the art at the time of filing to have combined the teachings of Shukla with those of Early in order to provide sensors within the device of early that are protected entirely from the surrounding fluid which may prolong their life and protect them in hazardous fluids.
Regarding claim 40, Early teaches the claimed invention but does explicitly disclose the monitoring sensors as having no direct contact with the confined liquid body as claimed. Shukla teaches a liquid monitoring device which can float on a surface of a liquid and comprises a sensor which can be encapsulated entirely within the device 1 to determine level of the fluid in which the device is floating in. it would have been obvious to one or ordinary skill in the art at the time of filing to have combined the teachings of Shukla with those of Early in order to provide sensors within the device of early that are protected entirely from the surrounding fluid which may prolong their life and protect them in hazardous fluids.
Regarding claim 41, Early teaches the claimed invention but does explicitly disclose the monitoring device as having a conical shape. Shukla teaches a liquid monitoring device which can float on a surface of a liquid and comprises a conical shape (fig. 1; column 2, line 47). It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Shukla with those of Early in order to provide a conical shape for the monitoring device to better keep the sensor in the desired orientation on the top of the liquid.
Regarding claim 43, Early teaches the claimed invention but does explicitly disclose the monitoring sensors as having no direct contact with the confined liquid body as claimed. Shukla teaches a liquid monitoring device which can float on a surface of a liquid and comprises a sensor which can be encapsulated entirely within the device 1 to determine level of the fluid in which the device is floating in. it would have been obvious to one or ordinary skill in the art at the time of filing to have combined the teachings of Shukla with those of Early in order to provide sensors within the device of early that are protected entirely from the surrounding fluid which may prolong their life and protect them in hazardous fluids.
Claim(s) 10-14, 20 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Early and Rothgeb et al. US 6,958,693.
Regarding claim 10, Early teaches the claimed invention including a GPS tracker 42 for determining a position of the monitoring device, but does not explicitly teach the acceleration sensors as claimed. Rothgeb teaches a sensor device for monitoring a liquid which may exist within the liquid and comprises an acceleration sensor therein (claim 9). It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Rothgeb with those of Early in order to more accurately track any movement of the monitoring device during operation when a GPS signal might not be available.
Regarding claim 11, in combination, the system of Early and Rothgeb would determine the liquid level measurements based on the position of the monitoring device within the liquid body.
Regarding claims 12 and 13, Early teaches the claimed invention but does not explicitly disclose the use of infrared sensors to generate infrared information. Rothgeb teaches in paragraph 0051, the use of infrared sensors and the measurement of temperature in the fluid. Early further discloses the determination of temperature of the liquid (paragraph 0052) and it therefore would have been obvious to one of ordinary skill in the art at the time of filing to have used an infrared sensor to determine temperature of the fluid as one of the laser sensors of Early in order to maintain the original arrangement of elements.
Regarding claim 14, Early teaches the claimed invention but does not explicitly disclose the conductivity sensors to determine a conductivity of the liquid body. Rothgeb discloses in paragraph 0051, the use of conductivity sensors and temperature sensors. It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Rothgeb with those of Early in order to provide a similar conductivity sensor for measuring additional properties of the fluid under monitoring.
Regarding claim 20, Early teaches the claimed invention including the power source but does not explicitly teach the power supply as being solar as claimed. Rothgeb discloses a sensor system which can be powered by a solar power source (paragraph 0056). It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Rothgeb with those of Early to provide a solar power source for the liquid sensor to provide power without the need for a battery, or to recharge a battery for longer use.
Regarding claim 33, Early teaches monitoring the fluid for contamination but does not explicitly disclose the sensors claimed. Rothgeb teaches a sensor system for monitoring a surrounding liquid environment including the use of a pH sensor (paragraph 0051). It would have been obvious to one of ordinary skill in the art to have combined the teachings of Rothgeb with those of Early to provide a similar pH sensor for monitoring the fluid for any changes in pH which could affect the quality of the water.
Claim(s) 15-18 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Early, Rothgeb and Callahan et al. US 2021/0285688.
Regarding claims 15-18, Early in combination with Rothgeb discloses the claimed invention but does not explicitly teach the determination of liquid temperature or quality from the conductivity and a reference conductivity stored in a remote database or on-bard table. Callahan teaches a fluid monitoring system which relates the conductivity and temperature of a fluid and uses a lookup table to calculate the temperature based on the conductivity. Since it was known in the time that the conductivity affects other values of the fluid such as temperature, it would have been obvious to one of ordinary skill in the art at the time of filing to have relied upon the teachings of Callahan to store reference conductivity values which could be converted to other variables of the fluid such as temperature and quality in order to reduce the number of sensors required in the system.
Claim(s) 34 and 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Early and Alkhabbaz US 10,746,866.
Regarding claim 34, Early teaches the system claimed but does not explicitly disclose the RFID readers and RFID tags as claimed. Alkahabbaz teaches a system for monitoring a floating element on a liquid in a containment which uses RFID technology to communicate between the float and an external component. It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Alkahabbaz with those of Early to provide RFID communication in either direction from the monitoring device to the outside of the confined body to allow for a low power communication between the inside and outside.
Regarding claim 47, Early teaches the claimed invention including the power source but does not explicitly teach the power supply as being solar as claimed. Rothgeb discloses a sensor system which can be powered by a solar power source (paragraph 0056). It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Rothgeb with those of Early to provide a solar power source for the liquid sensor to provide power without the need for a battery, or to recharge a battery for longer use.
Claim(s) 21, 37, 38 and 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Early.
Regarding claim 21, Early teaches control modules 38a-d which are coupled to the sensor but does not explicitly disclose using an integrated circuit to do so. It would have been obvious to one having ordinary skill in the art at the time the invention was made to connected the sensors to an integrated circuit when working with electronics to provide an interface to the processor and since it has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is obvious. KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claims 37 and 38, Early teaches the claimed invention for use in a confined liquid body but does not explicitly teach the liquid as including herbicides or fertilizers as claimed. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the monitoring element in any desirable liquid source to monitor its quality since it has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is obvious. KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 48, Early teaches control modules 38a-d which are coupled to the sensor but does not explicitly disclose using an integrated circuit to do so. It would have been obvious to one having ordinary skill in the art at the time the invention was made to connected the sensors to an integrated circuit when working with electronics to provide an interface to the processor and since it has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is obvious. KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398, 82 USPQ2d 1385 (2007).
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Early and Alkhabbaz, and further in view of Rhee et al. US 2014/0345534.
Regarding claim 35, Early and Alkhabbaz disclose the claimed invention but do not explicitly teach the RFID tags affixed to a livestock animal wherein the RFID reads are confined to detect when the livestock animal comes within a defined region of the confined liquid body. Rhee teaches a system including a confined liquid body 305 which comprises an RFID reader 301 which can detect the presence of a livestock animal with an RFID tag disposed thereon. It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Rhee with those of Early and Alkhabbaz in order to provide a similar RFID system to the liquid monitoring device of Early which could detect the approach of a subject such as livestock to a track feeding or watering of the animals remotely.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mark A. Shabman whose telephone number is (571)272-8589. The examiner can normally be reached M-F 8:00-4:30 EST.
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/MARK A SHABMAN/ Primary Examiner, Art Unit 2855
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