Prosecution Insights
Last updated: April 19, 2026
Application No. 18/263,099

METHOD FOR OPTIMIZING THE PLACEMENT OF WATER LEVEL GAUGES, METHOD FOR PREDICTING WATER LEVELS IN MANHOLES, AND SYSTEM FOR PREDICTING WATER LEVELS IN MANHOLES

Non-Final OA §101§103
Filed
Jul 26, 2023
Examiner
SHOHATEE, IBRAHIM NAGI
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Japan Infrastructure Measurement Inc.
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allow Rate
1 granted / 1 resolved
+32.0% vs TC avg
Strong +100% interview lift
Without
With
+100.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
27 currently pending
Career history
28
Total Applications
across all art units

Statute-Specific Performance

§101
30.1%
-9.9% vs TC avg
§103
38.9%
-1.1% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
13.3%
-26.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1 resolved cases

Office Action

§101 §103
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 . DETAILED ACTION The following NON-FINAL Office Action is in response to application 18/263,099 filed on 07/26/2023. This communication is the first action on the merits. Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/26/2023, 10/13/2023, 01/15/2024, 06/11/2024, and 08/13/2024 has been considered by the examiner. Drawings The drawings were received on 07/26/2023. These drawings are acceptable. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. A subject matter eligibility analysis is set forth below. See MPEP 2106. Specifically, representative Claim 1 recites: A method for optimizing placements of water level gauges, comprising: a data acquisition step for acquiring respective water level data acquired by respective water level gauges installed in a plurality of manholes in a predetermined region; a classification step of classifying the plurality of manholes into one or more clusters by clustering the respective water level data; and a decision step to determine, for each cluster, one or more representative manholes from the plurality of manholes included in the one or more clusters. The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements.” Similar limitations recited in Method Claim 1 are directed to the similar abstract idea as System Claim 7 and System Claim 13 and comprises: a past data acquisition step of acquiring past time-series water level data of one manhole to be installed in a predetermined region and predicted rainfall data for the predetermined region; and an output step for outputting predicted information on the water level of the one manhole at a future point in time by inputting the acquired past time-series water level data of the one manhole and the predicted rainfall data into a predetermined engine. Under Step 1 of the analysis, claim 1 and claim 7 belongs to a statutory category, namely it is a method claim. Likewise, claim 13 is a system claim. Under Step 2A, prong 1: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim. In the instant case, claim 1 is found to recite at least one judicial exception (i.e. abstract idea), that being a Mental Process and a Mathematical Concept. This can be seen in the claim limitations of “a classification step of classifying the plurality of manholes into one or more clusters by clustering the respective water level data”, and “a decision step to determine, for each cluster, one or more representative manholes from the plurality of manholes included in the one or more clusters” which is the judicial exception of a mental process because these limitations are merely data observations, evaluations, and/or judgements in order to collect, analyze, and evaluate the water level data and to make determinations based on the analysis and is capable of being performed mentally and/or with the aid of pen and paper. Additionally, the aforementioned limitations recite mathematical calculations, e.g. see Spec. [0040]-[0045] describing the use of a mathematical calculations and optimization techniques, such as regression analysis or machine learning algorithms, to calculate predict water levels based on past water level data and precipitation data. In addition, claim 7 and claim 13 is found to recite to least one judicial exception (i.e. abstract idea), that being a Mental Process and a Mathematical Concept. This can be seen in the claim limitations of “a past data acquisition step of acquiring past time-series water level data of one manhole to be installed in a predetermined region and predicted rainfall data for the predetermined region”, and “an output step for outputting predicted information on the water level of the one manhole at a future point in time by inputting the acquired past time-series water level data of the one manhole and the predicted rainfall data into a predetermined engine” which is the judicial exception of a mental process because these limitations are merely data observations, evaluations, and/or judgements in order to process and evaluate the past time series water level data and he predicted rainfall data, and to generate conclusions based on the evaluation and is capable of being performed mentally and/or with the aid of pen and paper. Step 2A, prong 2 of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception(s) into a practical application of the exception. This evaluation is performed by (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (b) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. In addition to the abstract ideas recited in claim 1, the claimed method recites additional elements including “a data acquisition step for acquiring respective water level data acquired by respective water level gauges installed in a plurality of manholes in a predetermined region” however these elements are found to be data gathering and output steps, which are recited at a high level of generality, and thus merely amount to “insignificant extra-solution” activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,”. The generic data gathering, processing, and output steps, are recited at such a high level of generality that it represents no more than mere instructions to apply the judicial exceptions on a computer. It can also be viewed as nothing more than an attempt to generally link the use of the judicial exceptions to the technological environment of a computer. Noting MPEP 2106.04(d)(I): “It is notable that mere physicality or tangibility of an additional element or elements is not a relevant consideration in Step 2A Prong Two. As the Supreme Court explained in Alice Corp., mere physical or tangible implementation of an exception does not guarantee eligibility. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 224, 110 USPQ2d 1976, 1983-84 (2014) ("The fact that a computer ‘necessarily exist[s] in the physical, rather than purely conceptual, realm,’ is beside the point")”. Thus, under Step 2A, prong 2 of the analysis, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception. No specific practical application is associated with the claimed system. For instance, nothing is done with the result of calculating predicted water levels beyond outputting the predicted information, and no further technical action or transformation is recited. Under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, as described above with respect to Step 2A Prong 2, merely amount to a general purpose computer system that attempts to apply the abstract idea in a technological environment, limiting the abstract idea to a particular field of use, and/or merely performs insignificant extra-solution activit(ies) (claims 1, 7 and 13). Such insignificant extra-solution activity, e.g. data gathering and output, when re-evaluated under Step 2B is further found to be well-understood, routine, and conventional as evidenced by MPEP 2106.05(d)(II) (describing conventional activities that include transmitting and receiving data over a network, electronic recordkeeping, storing and retrieving information from memory, and electronically scanning or extracting data from a physical document). Therefore, similarly the combination and arrangement of the above identified additional elements when analyzed under Step 2B also fails to necessitate a conclusion that claim 1, as well as claim 7 and 13, amount to significantly more than the abstract idea. With regards to the dependent claims, claims 2-6 and 8-12, merely further expand upon the algorithm/abstract idea and do not set forth further additional elements that integrate the recited abstract idea into a practical application or amount to significantly more. Therefore, these claims are found ineligible for the reasons described for claims 1, 7 and 13. Specifically: With respect to the dependent claims 2-6 specifically, these claims merely further expand upon the abstract idea recited in the parent claim by adding additional details regarding the clustering process, time series handling, precipitation data, and constraints on the number of water level gauge placements. These limitations further define how the data is analyzed and organized but do not recite any additional elements that improve the functioning of a computer or any other technology. Rather, these claims merely refine or narrow the underlying abstract idea through additional data analysis and algorithmic steps, and therefore fail to integrate the recited abstract idea into a practical application or amount to significant more. With respect to dependent claims 8 and 9 specifically, the claims further recite acquiring and using past time series water level data from other manholes and using estimated water level data derived from water level gauges installed in different manholes. These limitations merely add additional data sources and further data evaluation to the abstract idea described above. Such limitations amount to nothing more than additional data gathering and analysis performed on collected information, which constitutes insignificant extra solution activity and does not integrate the abstract idea into a practical application. See MPEP 2106.05 (g)(h). With respect to dependent claims 8 and 9 specifically, the claims further recite acquiring and using past time series water level data from other manholes and using estimated water level data derived from water level gauges installed in different manholes. These limitations merely add additional data sources and further data evaluation to the abstract idea described above. The collection and use of additional data constitutes insignificant extra solution activity and does not integrate the abstract idea into a practical application and do not amount to significantly more. See MPEP 2106.05(g). With respect to dependent claims 10 and 11 specifically, the claims further recite the use of a learning model trained using past time series water level data and rainfall data, including data from other nearby manholes. These limitations merely recite mathematical calculations, modeling, and data analysis performed using a learning or prediction model. The use of such learning model constitutes abstract mathematical concepts applied to collected data and does not effect a technological improvement to the computer itself. Accordingly, these claims merely further refine the abstract idea and fail to integrate the abstract idea into a practical application or amount to significantly more. With respect to dependent claim 12 specifically, the claim further recites outputting prediction information for the water level of another manhole including in the target area. This limitation merely expands the scope of the output generated from the abstract calculations described above. Outputting or reporting of results does not constitute a practical application and is considered insignificant extra solution activity. As such, this claim fails to integrate the abstract idea into a practical application or amount to significantly more. See MPEP 2106.05(g). Accordingly, for the reasons above and those discussed in relation to independent claim 1, 7, and 13, the dependent claims are insufficient to integrate the claimed abstract ideas into a practical application or significant more. 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. Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over US 20110071773 A1, David et al (hereinafter David) in view of US 20250154854 A1, Hussein et al (hereinafter Hussein). Regarding Claim 1, David discloses water level gauges (David, [0034] An improved device and method for analyzing sewer systems maintains the benefits of traditional sewer analysis systems, while achieving the important objective of providing a low cost, simple, and easy to use device and method for monitoring fluid level and flow rates at multiple locations in a sewer system) and a data acquisition step for acquiring respective water level data (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices) acquired by respective water level gauges installed in a plurality of manholes in a predetermined region (David, [0155] The low cost and ease of use of the present invention facilitates the usage of multiple monitoring devices over a wide area in order to gain a better understanding of the flow rate through the sewer systems. FIG. 58 shows a street map 340 with markers 345 showing the hypothetical placement of multiple monitoring devices placed on a street map. Positioning monitoring devices in close proximity to each other reduces the length of sewer pipe that must be search when a blockage or inflow between the devices is identified); David does not disclose a method for optimizing placements of water level gauges, comprising: a classification step of classifying the plurality of manholes into one or more clusters by clustering the respective water level data; and a decision step to determine, for each cluster, one or more representative manholes from the plurality of manholes included in the one or more clusters. However, Hussein teaches a method for optimizing placements of water level gauges (Hussein, [0119] As to the foregoing example with 100 sites, consider a clustering approach that can be applied to plans, equipment, operations, data, etc., from such sites to determine a reasonable number of groupings such as, for example, 20 groups that may be represented as 20 clusters. In such an example, a site that is near a centroid of a cluster may be taken as a representative site where additional data may be acquired for purposes of training a model that can be implemented to represent other sites in the cluster. As an example, available data from each site within a cluster may be utilized to generate a model for the cluster (e.g., group) where some sites may have more available data than other sites), comprising: a classification step of classifying the plurality of manholes into one or more clusters by clustering the respective water level data (Hussein, [0121] a clustering analysis may be utilized for purposes of data augmentation, where such clustering may be based on one or more factors relevant to field operations, energy utilization, emissions, modeling, etc, [0126] a clustering model (e.g., k-means, k-medians, expectation maximization, hierarchical clustering, etc.)); and a decision step to determine, for each cluster, one or more representative manholes from the plurality of manholes included in the one or more clusters (Hussein, [0119] As to the foregoing example with 100 sites, consider a clustering approach that can be applied to plans, equipment, operations, data, etc., from such sites to determine a reasonable number of groupings such as, for example, 20 groups that may be represented as 20 clusters. In such an example, a site that is near a centroid of a cluster may be taken as a representative site where additional data may be acquired for purposes of training a model that can be implemented to represent other sites in the cluster. As an example, available data from each site within a cluster may be utilized to generate a model for the cluster (e.g., group) where some sites may have more available data than other sites). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Hussein’s teaching because David teaches installing multiple water level gauges in manholes to collect water level data across a region but does not teach optimizing placement using clustering or selecting representative manholes. Hussein teaches clustering multiple sites based on data and selecting representative sites within each cluster (near a centroid) to reduce the number of monitored locations while still maintain useful modeling and analysis. A person of ordinary skill in the art would have been motivated to apply Hussein’s clustering and representative selection technique to David’s monitored manholes in order to optimize placement of water level gauges, reduce redundancy, and limit the number of installations while still maintaining effective monitoring. Regarding Claim 2, David discloses plurality of manholes (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices). David does not disclose the method of optimizing the placements of water level gauges according to claim 1, wherein the decision step determines one or more representative manholes for each cluster based on the clustering results. However, Hussein teaches the method of optimizing the placements of water level gauges according to claim 1, wherein the decision step determines one or more representative manholes for each cluster based on the clustering results (Hussein, [0120] a clustering process may help to identify a site that is more representative of a group of sites than other sites in the group. In such an example, the identified site may be assessed to determine whether it is suitable for implementation of a particular strategy, which may result in further data acquisition and model building for a model that can be representative of the group of sites. Such an approach can expedite prediction of how other sites in the group of sites may perform with respect to production, energy utilization, and emissions. As explained, one or more digital twins may be generated, where, for example, each group of sites has at least one digital twin). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Hussein’s teaching because David teaches installing water level gauges in multiple manholes and acquiring respective water level data. Hussein teaches clustering multiple sites into groups and determining representative sites for each cluster based on the clustering results. A person of ordinary skill in the art would have been motivated to apply Hussein’s clustering and representative selection technique to David’s monitored manholes in order to optimize placement of water level gauges, reduce redundancy, and limit the number of installations while still maintaining effective monitoring. Regarding Claim 3, David discloses plurality of manholes (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices). David does not disclose the method for optimizing the placements of water level gauges according to claim 2, wherein the clustering used in the classification step is hierarchical clustering; and wherein, in the decision step, the one or more representative manholes are determined for each cluster based on the proximity by hierarchical clustering. However, Hussein teaches the method for optimizing the placements of water level gauges according to claim 2, wherein the clustering used in the classification step is hierarchical clustering (Hussein, [0126] a clustering model (e.g., k-means, k-medians, expectation maximization, hierarchical clustering, etc.)); and wherein, in the decision step, the one or more representative manholes are determined for each cluster based on the proximity by hierarchical clustering (Hussein, [0119] consider a clustering approach that can be applied to plans, equipment, operations, data, etc., from such sites to determine a reasonable number of groupings such as, for example, 20 groups that may be represented as 20 clusters. In such an example, a site that is near a centroid of a cluster may be taken as a representative site where additional data may be acquired for purposes of training a model that can be implemented to represent other sites in the cluster. As an example, available data from each site within a cluster may be utilized to generate a model for the cluster (e.g., group) where some sites may have more available data than other sites, [0120] a clustering process may help to identify a site that is more representative of a group of sites than other sites in the group. In such an example, the identified site may be assessed to determine whether it is suitable for implementation of a particular strategy, which may result in further data acquisition and model building for a model that can be representative of the group of sites). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Hussein’s teaching because David already teaches installing water level gauges in multiple manholes to collect monitoring data, while Hussein teaches clustering multiple sites and selecting representative sites based on clustering results, including hierarchical clustering and proximity to a centroid. A person of ordinary skill in the art would have been motivated to apply Hussein’s clustering and representative selection technique to David’s monitored manholes would have predictably optimized placement of water level gauges, reduce redundancy, and limit the number of installations while still maintaining effective monitoring. Regarding Claim 4, David discloses plurality of manholes and water level gauges (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices). David does not disclose the method of optimizing the placements of water level gauges according to claim 2, wherein, in the decision step, the representative manhole is determined based on the result of the clustering when an upper limit is set for the number of placements of water level gauges. However, Hussein teaches the method of optimizing the placements of water level gauges according to claim 2, wherein, in the decision step, the representative manhole is determined based on the result of the clustering when an upper limit is set for the number of placements of water level gauges (Hussein, [0094] Such a framework can supplement and in some instances replace instrument-based detection of emissions at one or more sites that can involve installation of hundreds of sensors such as optical gas imaging technology at different locations to cover all sites, which is costly, time-consuming, and impractical, [0118] A framework can reduce demand for instrumentation and/or performance of site surveys. As explained, through modeling, virtualization can be achieved for at least some sites. For example, consider a field with 100 sites where 20 sites are surveyed to generate data where the data are sufficient for ML model training to model the other 80 sites (e.g., generation of suitable digital twins, etc.). In such an approach, data, which can be expensive to acquire, can be leveraged. A framework can reduce instrumentation and survey demands, while meeting or increasing production and reducing emissions, [0119] As to the foregoing example with 100 sites, consider a clustering approach that can be applied to plans, equipment, operations, data, etc., from such sites to determine a reasonable number of groupings such as, for example, 20 groups that may be represented as 20 clusters). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Hussein’s teaching because David teaches installing and collecting water level data from multiple manholes, and Hussein teaches using clustering to group sites and selecting representative locations in order to reduce the number of monitored sites while still maintaining useful modeling and analysis. A person of ordinary skill in the art would have been motivated to apply Hussein’s clustering and representative selection technique to David’s monitored manholes to optimize placement of water level gauges, reduce redundancy, and limit the number of installations while still maintaining effective monitoring. Regarding Claim 5, David discloses precipitation data pertaining to the manhole is further acquired (David, [0129] During a "rain event," the fluid depth inside of the storm sewer will increase along with fluid flow velocity. A rain event includes rain, sleet, melting snow, melting ice, and other events that cause the flow rate through a collection network to deviate from a standard amount. The increases in fluid pressure (.about.1 atm per 33 feet fluid) results in the hydrophobic fluid exerting greater forces against the pressure sensor which are recorded by the data acquisition device) and the respective water level data (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices). David does not disclose the method for optimizing the placements of water level gauges according to claim 1 wherein, in the data acquisition step, wherein, in the classification step, clustering is performed using the precipitation data and the respective water level data. However, Hussein teaches the method for optimizing the placements of water level gauges according to claim 1 wherein, in the data acquisition step, wherein, in the classification step, clustering is performed using the precipitation data and the respective water level data (Hussein, [0119] As to the foregoing example with 100 sites, consider a clustering approach that can be applied to plans, equipment, operations, data, etc., from such sites to determine a reasonable number of groupings such as, for example, 20 groups that may be represented as 20 clusters, [0126] a clustering model (e.g., k-means, k-medians, expectation maximization, hierarchical clustering, etc.)). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Hussein’s teaching because David teaches collecting water level and precipitation data from multiple manholes, while Hussein teaches clustering multiple sites and selecting representative sites to reduce the number of monitored locations. A person of ordinary skill in the art would have been motivated to apply Hussein’s clustering and representative selection technique to David’s monitored manholes to optimize placement of water level gauges, reduce redundancy, and limit the number of installations while still maintaining effective monitoring. Regarding Claim 6, David discloses water level data (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices) David does not disclose the method for optimizing the placements of water level gauges according to claim 1, wherein the water level data is a time series of water level data. However, Hussein teaches the method for optimizing the placements of water level gauges according to claim 1, wherein the water level data is a time series of water level data (Hussein, [0048] While temperature is mentioned, the finite difference method can be utilized for one or more of various variables (e.g., pressure, fluid flow, stress, strain, emissions, etc.). Further, where time is of interest, a derivative of a variable or variables with respect to time may be provided, [0088] the GUI 600 may provide for access to and use of one or more solution engines (e.g., AI/ML, hybrid models, analytics, uncertainty analysis, performance indicators, etc.) and may provide for access to and use of a data management system, which may be operatively coupled to one or more sources of data such as, for example, historical data, real-time data, etc. Various types of data can include field sensor data as may be present at a site associated with one or more assets and other types of data, which may pertain to weather, availability of energy, atmospheric conditions (e.g., levels of components in air, etc.), emissions (e.g., flaring, plumes, etc.), etc.). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Hussein’s teaching because David teaches acquiring and analyzing water level data from multiple manholes, and Hussein teaches using time based data and analytical models on site data, including both historical and real time data. A person of ordinary skill in the art would have been motivated to apply Hussein’s time based data analysis to David’s water level measurement in order to improve modeling, predictions, and overall monitoring performance of the sewer network. Claims 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 20110071773 A1, David et al (hereinafter David) in view of US 20240273358 A1, Vincent et al (hereinafter Vincent). Regarding Claim 7 and 13, David discloses water level data and plurality of manholes (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices). David does not disclose a method for predicting water levels in manholes, comprising: a past data acquisition step of acquiring past time-series water level data of one manhole to be installed in a predetermined region and predicted rainfall data for the predetermined region; and an output step for outputting predicted information on the water level of the one manhole at a future point in time by inputting the acquired past time-series water level data of the one manhole and the predicted rainfall data into a predetermined engine. However, Vincent teaches a method for predicting water levels in manholes, comprising: a past data acquisition step of acquiring past time-series water level data of one manhole to be installed in a predetermined region (Vincent, [0058] Historical reservoir data 304 may comprise one or more reservoir parameters for the same one or more reservoirs represented in historical climate data 302. The reservoir parameters may be measured by one or more sensors in the water reservoir, over time, so as to represent a time series of reservoir data for each water reservoir. In an embodiment, the reservoir parameter(s) comprise at least the water level of each water reservoir, [0058] Historical reservoir data 304 may also comprise reservoir metadata, such as identifiers of each water reservoir, the location of each water reservoir (e.g., coordinates in GPS or other GNSS representing the location of each stream-gaging station and/or boundaries of the water reservoir), and/or the like, [0060] a training dataset 315 is generated or otherwise acquired from historical climate data 302 and historical reservoir data 304. Training dataset 315 may comprise a plurality of labeled feature vectors. Each feature vector may contain the value of each of a plurality of features, derived from historical climate data 302 and historical reservoir data 304) and predicted rainfall data for the predetermined region (Vincent, [0057] the climate parameter(s) comprise at least the temperature (e.g., in degrees Celsius or Fahrenheit) and precipitation (e.g., in millimeters, centimeters, or inches of rainfall, snowfall, etc.) in the geographical vicinity of the water reservoir, [0101] LSTM structure 610 consisted of a single layer of fifty nodes, and densely connected structure 620 consisted of four layers of fifty nodes. All of the layers in LSTM structure 610 and densely connected structure 620 were fully connected. Feature vectors of fourteen tuples, representing fourteen consecutive days of temperature, precipitation, and water level, were used. Machine-learning model 116 was trained to predict the next day's change in water level, given such a feature vector); and an output step for outputting predicted information on the water level of the one manhole at a future point in time by inputting the acquired past time-series water level data of the one manhole (Vincent, [0066] The target with which each feature vector is labeled may comprise the value of at least one target parameter for at least one subsequent time interval (i.e., a future time interval with respect to the time series in the feature vector, but not with respect to the time of training). The target parameter may be any parameter that is useful for water-resource management, [0066] the feature vector consisted of a time series of fourteen days of tuples (i.e., N=14) and the target consisted of the value of each target parameter for one week (i.e., seven days) in the future (i.e., M=7) or two weeks (i.e., fourteen days) in the future (i.e., M=14) from the time series in the feature vector) and the predicted rainfall data into a predetermined engine (Vincent, [0072] machine-learning model 116 receives the values of a plurality of features representing climate and/or reservoir parameters, and outputs a predicted value of each target parameter. In an embodiment, the plurality of features comprises a time series of N tuples, representing N consecutive time intervals, with each tuple comprising a value of one or more climate parameters (e.g., temperature and precipitation) and one or more reservoir parameters (e.g., water level, water storage, or storage capacity), and the target parameter(s) comprise or consist of the water level, change in water level, water storage, change in water storage, storage capacity, or change in storage capacity for subsequent time interval N+M (e.g., M=1, M=7, M=14, M=30, etc.), [0077] a feature vector, comprising the time series of tuples, may be input to machine-learning model 116. When applied to such a feature vector, machine-learning model 116 may predict the value of the target parameter(s) for a single future time interval (e.g., time interval N+M, in which M≥1, such as M=1, M=7, M=14, M=30, etc.) for the water reservoir of interest. Alternatively, machine-learning model 116 may predict the value of the target parameter(s) for a plurality of future time intervals (e.g., time intervals N+M, N+M+1, . . . , N+M+X, such as X=6, X=13, etc.) for the water reservoir of interest). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Vincent’s teaching because David teaches installing monitoring devices in sewer system manholes and collecting water level data, while Vincent teaches using past time series water level data together with predicted rainfall data as inputs to a machine learning model to predict future water levels. Since David’s system generates the same type of historical water level data that Vincent relies on, it would have been straightforward to use Vincent technique on David’s collected data in order to forecast future manhole water levels. A person of ordinary skill in the art would have been motivated to combine David and Vincent’s teachings because doing so would have improved David’s monitoring system by not only observing current condition but also predicting upcoming water level changes, which would improve the system management, overflow prevention, and other plannings. Regarding Claim 8, David discloses the method of predicting the water level of a manhole according to claim 7, water level data of other manholes in proximity to the one manhole (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices). David does not disclose wherein, in the past data acquisition step, it further acquires past time series of water level data of other manholes in proximity to the one manhole; and wherein, in the output step, the past time-series water level data of the other manhole is input to the predetermined engine. However, Vincent teaches wherein, in the past data acquisition step, it further acquires past time series of water level data of other manholes in proximity to the one manhole (Vincent, [0058] Historical reservoir data 304 may comprise one or more reservoir parameters for the same one or more reservoirs represented in historical climate data 302. The reservoir parameters may be measured by one or more sensors in the water reservoir, over time, so as to represent a time series of reservoir data for each water reservoir. In an embodiment, the reservoir parameter(s) comprise at least the water level of each water reservoir, [0061] the plurality of features comprises, for a given water reservoir, a time series of a plurality of tuples, with each tuple comprising a value for each of one or more climate parameters, derived from historical climate data 302, and one or more reservoir parameters, derived from historical reservoir data 304, for a respective water reservoir. For example, each tuple may comprise or consist of a value representing temperature derived from historical climate data 302, a value representing precipitation derived from historical climate data 302, and a value representing water level, water storage, or storage capacity derived from historical reservoir data 304 for the respective water reservoir); and wherein, in the output step, the past time-series water level data of the other manhole is input to the predetermined engine (Vincent, [0072] the trained machine-learning model 116 may be deployed. In an embodiment, machine-learning model 116 receives the values of a plurality of features representing climate and/or reservoir parameters, and outputs a predicted value of each target parameter. In an embodiment, the plurality of features comprises a time series of N tuples, representing N consecutive time intervals, with each tuple comprising a value of one or more climate parameters (e.g., temperature and precipitation) and one or more reservoir parameters (e.g., water level, water storage, or storage capacity), and the target parameter(s) comprise or consist of the water level, change in water level, water storage, change in water storage, storage capacity, or change in storage capacity for subsequent time interval N+M (e.g., M=1, M=7, M=14, M=30, etc.)). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Vincent’s teaching because David already discloses acquiring water level data from multiple manholes within a sewer system, and Vincent teaches using past time series water level data together with climate data in a machine learning model to predict future water levels. A person of ordinary skill in the art would have been motivated to apply Vincent’s predictive modeling techniques to David’s monitored manholes in order to forecast future water levels based on historical measurements and rainfall data. Doing so would have predictably improved system planning and monitoring by enabling proactive response to rising water levels, while using data inputs and prediction engines. Regarding Claim 9, David discloses water level data and plurality of manholes (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices) and the method for predicting water levels in manholes according to claim 7. David does not disclose wherein the past time series of water level data includes estimated water level data estimated based on water level data acquired by a water level gauge installed in a manhole different from the one manhole. However, Vincent teaches wherein the past time series of water level data includes estimated water level data estimated based on water level data acquired (Vincent, [0061] each tuple may comprise or consist of a value representing temperature derived from historical climate data 302, a value representing precipitation derived from historical climate data 302, and a value representing water level, water storage, or storage capacity derived from historical reservoir data 304 for the respective water reservoir) by a water level gauge installed in a manhole different from the one manhole (Vincent, [0063] In some cases, the locations associated with climate parameters in historical climate data 302 may not correspond precisely to the location of a water reservoir. In this case, the value of each climate parameter for the water reservoir may be interpolated from the value(s) of each climate parameter for two or more locations within the geographical vicinity (e.g., watershed) of the water reservoir). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Vincent’s teaching because David already teaches installing water level gauges in a plurality of manholes and acquiring water level data for monitoring sewer systems, while Vincent teaches using past time-series water level data, precipitation data, and related environmental parameters as inputs to a predictive engine to forecast future water levels. A person of ordinary skill in the art would have been motivated to apply Vincent’s time-series modeling and prediction techniques to David’s monitored manholes in order to predict future water levels, and enhance system management. Regarding Claim 10, David discloses plurality of manholes (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices) and the method of predicting the water level of a manhole according to claim 7. David does not disclose wherein the predetermined engine is an engine based on a learning model obtained by learning using at least the past time series of water level data for the one manhole and the past rainfall data for the target area . However, Vincent teaches wherein the predetermined engine is an engine based on a learning model (Vincent, [0054] a machine-learning model 116, which may comprise an artificial neural network, such as a recurrent neural network, with long short-term memory, is disclosed. Machine-learning model 116 may be trained to predict storage capacities of water reservoirs from historical climate parameters about the watersheds of water reservoirs and from historical reservoir parameters of those water reservoirs) obtained by learning using at least the past time series of water level data for the one manhole and the past rainfall data for the target area (Vincent, [0061] each tuple may comprise or consist of a value representing temperature derived from historical climate data 302, a value representing precipitation derived from historical climate data 302, and a value representing water level, water storage, or storage capacity derived from historical reservoir data 304 for the respective water reservoir). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Vincent’s teaching because David already teaches collecting water level data from multiple manholes and displaying the data for analysis, while Vincent teaches using a machine learning model trained on past time series water level data and rainfall data to predict future water levels. A person of ordinary skill in the art would have recognized that incorporating Vincent’s learning prediction engine into David’s sewer monitoring system would have predictably improved the system by enabling more accurate forecasting of future water levels based on historical trends and rainfall patterns. Regarding Claim 11, David discloses plurality of manholes (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices) and the method for predicting the water level of a manhole according to claim 10, David does not disclose wherein the predetermined engine is further obtained by learning using past time series of water level data of other manholes in close proximity to the one manhole. However, Vincent teaches wherein the predetermined engine is further obtained by learning using past time series of water level data of other manholes in close proximity to the one manhole (Vincent, [0063] For each water reservoir, the climate parameter(s) for that water reservoir may be correlated to the reservoir parameter(s) for that water reservoir based on the location at which the value(s) of the climate parameter(s) were measured (e.g., as specified in the metadata of historical climate data 302) and the location of the water reservoir (e.g., as specified in the metadata of historical reservoir data 304). In some cases, the locations associated with climate parameters in historical climate data 302 may not correspond precisely to the location of a water reservoir. In this case, the value of each climate parameter for the water reservoir may be interpolated from the value(s) of each climate parameter for two or more locations within the geographical vicinity (e.g., watershed) of the water reservoir). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Vincent’s teaching because David already teaches acquiring water level data from multiple manholes and monitoring fluid levels within a sewer system, while Vincent teaches training a learning model using time series data from multiple related locations in close proximity to improve prediction accuracy. A person of ordinary skill in the art would have recognized that using past time series water level data from nearby manholes, as taught by Vincent, to train the prediction engine in David would have predictably improved the accuracy and reliability of forecasting water levels for a target manhole. Regarding Claim 12, David discloses plurality of manholes (David, [0036] A method according to the present invention comprises installing several monitoring devices into sewer system manholes, recording fluid level and flow with accelerometers and pressure monitors, reading the recorded data, and displaying the data in chart or map form. Data displayed in map form may show topography, street maps, and single or multiple sewer systems. The maps may be created may in two or three dimensional. Data displayed on the maps may include fluid flow rates, fluid levels, derivatives and integrals of flow rates, and differences in fluid levels or flow between monitoring devices) and the method for predicting the water level of a manhole according to claim 7. David does not disclose wherein, in the output step, the method outputs, together with or instead of the one manhole, prediction information on the water level at a future point in time of a manhole of another manhole included in the target area. However, Vincent teaches wherein, in the output step, the method outputs (Vincent, [0036] System 200 may comprise an input/output (I/O) interface 235. I/O interface 235 provides an interface between one or more components of system 200 and one or more input and/or output devices. Example input devices include, without limitation, sensors, keyboards, touch screens or other touch-sensitive devices, cameras, biometric sensing devices, computer mice, trackballs, pen-based pointing devices, and/or the like), together with or instead of the one manhole (Vincent, [0098] a machine-learning model 116, comprising a recurrent neural network with long short-term memory, was trained and evaluated for seventeen water reservoirs in Texas), prediction information on the water level at a future point in time of a manhole of another manhole included in the target area (Vincent, [0101] LSTM structure 610 consisted of a single layer of fifty nodes, and densely connected structure 620 consisted of four layers of fifty nodes. All of the layers in LSTM structure 610 and densely connected structure 620 were fully connected. Feature vectors of fourteen tuples, representing fourteen consecutive days of temperature, precipitation, and water level, were used. Machine-learning model 116 was trained to predict the next day's change in water level, given such a feature vector, [0102] Machine-learning model 116 was validated using a validation subset 318 spanning two years of data. Multi-day forecasts were generated by iterating machine-learning model 116 over the desired length of the forecast. Seven-day and fourteen-day forecasts were generated for every day in the two-year period, and then compared to observed water levels in the water reservoirs on the corresponding days). Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine David and Vincent’s teaching because David already installs monitoring devices in a plurality of manholes and collects water level data from multiple locations, but does not disclose outputting predict water level information for another manhole in a target area. Vincent teaches using a trained machine learning model to generate future water level predictions for water reservoirs and to output multi-day forecasts based on time series inputs. A person of ordinary skill in the art would have been motivated to combine David and Vincent’s teachings because applying Vincent’s known prediction model to David’s monitored manholes would have improved the plurality of manholes water level forecasting. Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant’s disclose: -US 20250188730 A1, describing systems and methods for monitoring rodents in a sewage system using sensors installed in manholes. The reference discloses collecting sensor data and tracking rodent movement within sewer infrastructure, but does not relate to predicting water levels, rainfall modeling, clustering or optimization of monitoring deice placement. -US 20070103324 A1, describing systems and methods for monitoring water depth in sewer systems using devices installed in manholes that detect water levels and communicate measurements to a remote monitoring station. The reference focuses on real time monitoring and alert generation, but does not disclose predicting future water levels using past time series data, rainfall data, machine learning models, clustering of manholes, or optimization of monitoring device placement. -US 20240059207 A1, describing systems and methods for remotely monitoring fluid levels in tanks or other fluid holding devices using sensors and wireless communication modules. The reference discloses measuring fluid levels, transmitting data, and generating alerts and reference artificial intelligence for monitoring functions. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIM NAGI SHOHATEE whose telephone number is (571)272-6612. The examiner can normally be reached 8am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby Turner can be reached at (571) 272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /IBRAHIM NAGI SHOHATEE/Examiner, Art Unit 2857 /SHELBY A TURNER/Supervisory Patent Examiner, Art Unit 2857
Read full office action

Prosecution Timeline

Jul 26, 2023
Application Filed
Feb 14, 2026
Non-Final Rejection — §101, §103 (current)

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+100.0%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 1 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month