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 .
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 (i.e., changing from AIA to pre-AIA ) 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, 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, 2, 4, 5, 7, 8, 11-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunter (US Pub No. 2020/0196105 A1) in view of Omoumi et al. (Omoumi; US Patent No. 11,038,362 B1).
As per claim 1, Hunter teaches a data recording and storage device, comprising:
at least one sensor configured to measure data related to an object or a living subject (paragraph [0029]);
a memory (Fig. 2, Memory 204);
a controller configured to store the data in the memory (Fig. 2, Processor 202, Memory 204; paragraph [0025], lines 4-5);
at least one photosensitive element configured to convert electromagnetic radiation into electrical current (paragraph [0048], lines 10-18);
a transceiver configured to transmit the data and to receive data signals (paragraph [0042]); and
at least one capacitor configured to store electrical current from the at least one photosensitive element (paragraph [0048]: charging and discharging a component based on energy received from solar cells)… and
wherein the controller is configured to, depending on the measured voltage or the forecasted voltage, at least one of (1) increase or decrease a rate of sampling and storing of the data in the memory and (2) increase or decrease a rate of transmitting the data (paragraph [0025]; paragraphs [0050] & [0051]: modify operation depending on available battery power).
Hunter does not expressly teach wherein the controller is configured to measure a voltage of the at least one capacitor, and
wherein the controller is configured to forecast a voltage of the at least one capacitor based on the measured voltages.
Omoumi teaches wherein the controller is configured to measure a voltage of the at least one capacitor (col. 17, lines 25-26: determine present voltage of a battery), and
wherein the controller is configured to forecast a voltage of the at least one capacitor based on the measured voltages (col. 17, lines 25-26: predicted battery voltage drop based on present voltages).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the predicted battery voltage as taught by Omoumi, since Omoumi states that such a modification would result in modifying the operation of the device to maintain optimal functionality for as long as possible.
As per claim 2, Hunter in view of Omoumi further teaches the device of claim 1, wherein at least one of (1) the rate of sampling and storing of the data in the memory and (2) the rate of transmitting the data is highest when the measured voltage or forecasted voltage is a maximum, and lowest when the measured voltage or forecasted voltage is a minimum (Hunter, paragraph [0025]; paragraphs [0050] & [0051]: modify operation depending on available battery power. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum operating conditions involves only routine skill in the art.).
As per claim 4, Hunter in view of Omoumi further teaches the device of claim 1, wherein the at least one photosensitive element comprises at least two photosensitive elements arranged in series (Hunter, paragraph [0048], line 17; Omoumi, col. 4, line 55: It has been held that discovering a configuration of the solar cells (result effective variable) for providing an optimum power output value involves only routine skill in the art.).
As per claim 5, Hunter in view of Omoumi further teaches the device of claim 1, wherein an open-circuit voltage of the at least one photosensitive element is higher than the rated voltage of the capacitor or wherein the at least one photosensitive element comprises at least two photosensitive elements and the sum of open-circuit voltages of the at least two photosensitive elements is higher than the rated voltage of the capacitor (The specification defines the above claim limitations as a preference, and as such no specific outcomes or advantages result from the outlined configuration (Specification, paragraph [0014]). It has been held to be within the general skill of one skilled in the art to select a known component on the basis of its suitability for the intended use as a matter of obvious design choice.).
As per claim 7, Hunter in view of Omoumi further teaches the device of claim 1, wherein the transceiver comprises a long range wide area network module or a Bluetooth low energy module (Hunter, paragraph [0042]).
As per claim 8, Hunter in view of Omoumi further teaches the device of claim 1, further comprising at least one of a collar, a harness, a leg band, an ear tag, a backpack, a band, a screw, glue or a claw configured to be attached to the object or the living subject (Hunter, Fig. 5A; paragraph [0029]: hook claw configured to be worn by a user).
As per claim 11, Hunter in view of Omoumi further teaches a system comprising at least two devices according to claim 1, wherein one of the at least one devices is configured to transmit to and receive data signals from another of the at least two devices (Hunter, paragraph [0042], lines 1-9).
As per claim 12, Hunter teaches a method comprising:
measuring, by at least one sensor, data related to an object or a living subject (paragraph [0029]);
storing, by a controller, the data in a memory (Fig. 2, Processor 202, Memory 204; paragraph [0025], lines 4-5);
converting, by at least one photosensitive element, electromagnetic radiation into electrical current (paragraph [0048], lines 10-18);
transmitting the data and receiving data signals by a transceiver (paragraph [0042]); and
storing electrical current from the at least one photosensitive element in at least one capacitor (paragraph [0048]: charging and discharging a component based on energy received from solar cells)… and
depending on the measured voltage or the forecasted voltage, at least one of (1) increasing or decreasing a rate of sampling and storing of the data in the memory and (2) increasing or decreasing a rate of transmitting the data (paragraph [0025]; paragraphs [0050] & [0051]: modify operation depending on available battery power).
Hunter does not expressly teach measuring a voltage of the at least one capacitor, and
forecasting an output voltage of the at least one capacitor based on the measured voltages.
Omoumi teaches measuring a voltage of the at least one capacitor (col. 17, lines 25-26: determine present voltage of a battery), and
forecasting a voltage of the at least one capacitor based on the measured voltages (col. 17, lines 25-26: predicted battery voltage drop based on present voltages).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the predicted battery voltage as taught by Omoumi, since Omoumi states that such a modification would result in modifying the operation of the device to maintain optimal functionality for as long as possible.
As per claim 13, Hunter in view of Omoumi further teaches the method of claim 12, wherein at least one of (1) the rate of sampling and storing of the data in the memory and (2) the rate of transmitting the data is highest when the measured voltage or forecasted voltage is a maximum, and lowest when the measured voltage or forecasted voltage is a minimum (Hunter, paragraph [0025]; paragraphs [0050] & [0051]: modify operation depending on available battery power. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum operating conditions involves only routine skill in the art.).
As per claim 14, Hunter in view of Omoumi further teaches the method according to claim 12, further comprising generating, by the controller, a statistical characteristic of the measured data and storing the statistical characteristic in the memory (Hunter, paragraph [0031]: generate graphs and tables of sensor data).
As per claim 15, Hunter in view of Omoumi further teaches a system comprising at least one device according to claim 1, wherein the system further comprises at least one base station configured to transmit to and receive data signals from at least one device (Hunter, paragraph [0023]: remote computing device).
As per claim 16, Hunter in view of Omoumi further teaches the device of claim 2, wherein the maximum voltage is about equal to the rated voltage of the capacitor and the minimum voltage is about 0.66 of the rated voltage of the capacitor (The specification defines the above claim limitations as a preference, and as such no specific outcomes or advantages result from the outlined configuration. With that, the claimed values are a matter of design choice.).
As per claim 17, Hunter in view of Omoumi further teaches the device of claim 5, wherein the rated voltage of the capacitor is between 0.6 to 0.8 of the open-circuit voltage of the photosensitive element or the sum of open-circuit voltages of the at least one photosensitive element (The specification defines the above claim limitations as a preference, and as such no specific outcomes or advantages result from the outlined configuration. With that, the claimed values are a matter of design choice.).
As per claim 19, Hunter in view of Omoumi further teaches the device of claim 7, wherein the at least one sensor comprises at least one of a gyroscope, an acceleration sensor, a temperature sensor, a humidity sensor, a magnetometer, a barometer, a light sensor, a volatile organic compounds, VOC, sensor or a global navigations satellite systems (GNSS) module (Hunter, paragraphs [0040] & [0041]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunter in view Omoumi as applied to claim 1 above, and further in view of Huber et al. (Huber; US Pub No. 2010/0327960A1).
As per claim 3, Hunter in view of Omoumi teaches the device of claim 1… wherein the controller is configured to power down at least one of the at least one sensor, the memory, or the transceiver (Hunter, paragraph [0025]; paragraphs [0050] & [0051]).
Hunter in view Omoumi does not expressly teach further comprising a real-time clock (RTC), the RTC running independently of the controller, and
wherein the controller is configured to power down… a circuitry component… when the measured voltage of the at least one capacitor is below a predetermined voltage, and
wherein the controller is configured to receive a wake-up signal from the RTC and to measure the voltage of the at least one capacitor upon receipt of the wake-up signal.
Huber teaches further comprising a real-time clock (RTC), the RTC running independently of the controller (Fig. 1; paragraph [0028]), and
wherein the controller is configured to power down… a circuitry component… when the measured voltage of the at least one capacitor is below a predetermined voltage (paragraph [0024], lines 1-10), and
wherein the controller is configured to receive a wake-up signal from the RTC and to measure the voltage of the at least one capacitor upon receipt of the wake-up signal (paragraph [0007] & [0028]).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the voltage monitoring as taught by Huber, since Huber states in paragraph [0006] that such a modification would result in an integrated circuit having reduced power dissipation in a standby state.
Claim(s) 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunter in view of Omoumi as applied to claim 1 above, and further in view of Arko et al. (Arko; US Pub No. 2018/0317821 A1).
As per claim 6, Hunter in view of Omoumi teaches the device of claim 1.
Hunter in view of Omoumi does not expressly teach wherein the at least one photosensitive element comprises a photodiode, and wherein the wavelength of the maximum sensitivity of the at least one photosensitive element is between 200 nm and 3000 nm.
Arko teaches wherein the at least one photosensitive element comprises a photodiode, and wherein the wavelength of the maximum sensitivity of the at least one photosensitive element is between 200 nm and 3000 nm (paragraph [0018], lines 9-10).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the photodiode as taught by Arko, since Arko states that such a modification would result in the output of the photodiode creating current that is predominantly directly proportional to the intensity of light/radiation.
As per claim 18, Hunter in view of Omoumi, and further in view of Arko, further teaches the device of claim 6, wherein the capacitor has a capacity between 0.2 and 50 Farads (The specification defines the above claim limitations as a preference, and as such no specific outcomes or advantages result from the outlined configuration. With that, the claimed values are a matter of design choice.).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunter in view of Omoumi as applied to claim 1 above, and further in view of Chong Rodriguez et al. (Chong; US Pub No. 2020/0128670 A1).
As per claim 9, Hunter in view of Omoumi teaches the device of claim 1.
Hunter in view of Omoumi does not expressly teach further comprising a printed circuit board (PCB),
wherein the at least one sensor, the memory, the controller, the at least one photosensitive element, the transceiver and the capacitor is directly soldered to the PCB.
Chong teaches teach further comprising a printed circuit board (PCB),
wherein the at least one sensor, the memory, the controller, the at least one photosensitive element, the transceiver and the capacitor is directly soldered to the PCB (paragraph [0027], lines 10-12).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the printed circuit board having components soldered thereon as taught by Chong, since Chong states that such a practice is well known in the art.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunter in view of Omoumi as applied to claim 1 above, and further in view of Kwan et al. (Kwan; US Pub No. 2013/0076523 A1).
As per claim 10, Hunter in view of Omoumi teaches a system comprising at least two devices according to claim 1.
Hunter in view of Omoumi does not expressly teach wherein the controller of at least one of the at least two devices is configured to estimate a relative position of the at least one device to at least one other device of the at least two devices using a signal strength of signals received from the at least one other device of the at least two devices.
Kwan teaches wherein the controller of at least one of the at least two devices is configured to estimate a relative position of the at least one device to at least one other device of the at least two devices using a signal strength of signals received from the at least one other device of the at least two devices (paragraph [0091]).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement employing RSSI as taught by Kwan, since Kwan states in paragraph [0091] that such a modification would result in determining the location of two devices relative to one another.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Todasco et al. (US Pub No. 2016/0189514 A1): similar inventive concept
Zhang et al. (US Pub No. 2012/0041698 A1): similar inventive concept
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/NAOMI J SMALL/Primary Examiner, Art Unit 2685