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 .
Responses to Amendments and Arguments
The amendments filed 06/30/2026 have been entered. Claims 1 and 35 are amended and Claim 4 is canceled. Claims 1-3 and 5-39 remain pending in the application and Claims 24-26, 28-34 and 38 were withdrawn from further consideration.
Applicant's amendments filed 06/30/2026 with respect to the rejection of claims 1-23, 27, 35-37 and 39 under 35 U.S.C. 112(a) or 112 (pre-AIA ), first paragraph and 35 U.S.C. 112(b) or 112 (pre-AIA ), 2nd paragraph have been fully considered and are persuasive. Thus, the rejections of claims 1-23, 27, 35-37 and 39 under 35 U.S.C. 112(a) or 112 (pre-AIA ), first paragraph and 35 U.S.C. 112(b) or 112 (pre-AIA ), 2nd paragraph have been withdrawn. However, the claims raise the new grounds of rejection 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as set forth below.
Applicant's arguments filed 06/30/2026 with respect to the interpretation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph have been fully considered but are not persuasive. The “transmitting member” and the “unique identification mechanism” are not to present sufficient structure to perform the claimed function, which are interpreted as described in pages 7-9 in the instant application. Thus, the interpretation of claims 1, 5-6 and 8-16 under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph has been held.
Applicant’s amendments and arguments filed 06/30/2026, with respect to the rejection of claims 1-23, 27, 35 and 39 under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered but are not persuasive.
On pages 13-15 of Remarks, Applicant alleges that the general purpose of the present invention is not to establish user identity to control second appliances. The solution is in fact intended to avoid identification of individual users, but solely rely on data from the instantly claimed sensors to control water consumption by a user in bathrooms. As will be noted, data is "qualified" in accordance with the description on page 6, line 24 to page 7, line 5 in the instant application. It is noted that this "qualification" for instance is intended to reduce background noise from other sources, such as a hair dryer, since the main purpose of the instant invention is to control water consumption partly based on "audio" data, which naturally includes identification of start and end of water consumption. … Although an "audio" sensor (a microphone) is mentioned in sections [0111] and [0142] in Bradley, no specific use of the "audio" sensor is taught or suggested, let alone any use in connection with "running water,"
Examiner respectfully disagrees.
At least paragraphs 0006-0007 and 0085-087 in BRADLEY teach water consuming devices and analyzing the sensor data to thereby generates feedback data by the controller (“providing feedback data for water consuming devices …The controller is configured to perform an analysis of the user data from the at least one water consuming device”). Further, at least paragraphs 0006-0007 and 0085-087 in BRADLEY teach audio data sensed from an audio sensor, where the audio data may be analyzed for controlling the water consuming devices. Under the broadest reasonable interpretation, “qualify at least a part of the data” is indicative of receiving, analyzing and/or process data based on audio data sensed by an audio sensor, which is taught at least at Para 0081-0083, 0085-0087, 0102, 0142 and 0370.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a transmitting member” and “a unique identification mechanism” in claims 1, 6, 8-10, 13, 12, 20-22 and 35, which are interpreted as described in pages 7-9 in the instant application.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5-23, 27, 35-37 and 39 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation, “optionally a humidity sensor configured … and optionally an ambient temperature sensor … optionally via a mobile device, …” (emphasis added), and Claim 35 recites the limitation, “optionally detecting the ambient humidity in a bathroom … optionally detecting ambient temperature … optionally via a mobile device, …” There are indefinite phrase and/or terms not to ascertain the claimed invention, because the claim language, “optionally” does not point out what the claimed features, structure and/or elements are as the claimed manner.
Claims 2-3, 5-23, 27, 36-37 and 39 are also rejected by virtue of each dependency on claim 1 or 35.
Claim Rejections - 35 USC § 102
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 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 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.
Claims 1, 3, 5-23, 27, 35 and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BRADLEY et al. (EP 3457227 A1, hereinafter referred to as “BRADLEY” cited in IDS dated 6/13/2023).
Regarding Claim 1, BRADLEY teaches an apparatus for reducing or controlling water consumption in bathrooms (Para 0006-0007, “providing feedback data for water consuming devices …The controller is configured to perform an analysis of the user data from the at least one water consuming device”), the apparatus comprising a housing (Fig. 17, Fig. 18B, 170) and being configured to receive data from one or more water consumption locations in a bathroom, the housing comprising:
one or more sensors (Fig. 18B, 188; Para 0139-0140) including a motion sensor (a gesture sensor) configured to detect a movement in a threshold distance from the apparatus in a bathroom as a first indication of activity in the bathroom (Para 0135, “a gesture sensor, which is a type of proximity sensor configured to detect a gesture by the user”), and an audio sensor configured to monitor a sound of running water from one or more water consumption locations in a bathroom as a second indication of activity in the bathroom, optionally a humidity sensor configured to monitor the ambient humidity in a bathroom as a third indication of activity in the bathroom, and optionally an ambient temperature sensor (Para 0139-0142, especially paragraph 0142 teaches various types of sensors to detect a presence or gesture, temperature, sound, order, humidity, “The sensor 188 may be a retina scanner configured to scan the eyes of the user. The sensor 188 may be a fingerprint sensor. The sensor 188 may be an audio sensor such as a microphone. The sensor 188 may detect odors or VOCs. The sensor 188 may be an environment sensor such as a temperature sensor, a light sensor, or a humidity sensor. The sensor 188 may be a remote sensor in another location (e.g., a different from than the intelligent toilet). The sensor 188 may be a leak sensor to detect a water leak in the intelligent toilet. For example, the sensor 188 may detect a water level”);
a controller (Fig. 4, controller 34) configured to qualify at least a part of the data received from the one or more sensors by an algorithm (At least paragraph 0226 teaches an algorithm performed by the controller, “The controller 613 may use algorithms to analyze data from different sensor array 602 inputs”) to obtain qualified data (Under the broadest reasonable interpretation, the claimed terms of “qualify” and “qualified data” may be respectively indicative of a analyzing process/step and analyzed data, and this limitation is indicative of receiving, analyzing and/or process data, which is taught at least at Para 0081-0082, “provide feedback data based on the analysis of the user data to the first appliance 31. The feedback data may be applied by the water consuming appliance”), wherein the controller is configured to qualify at least a part of the data received from the audio sensor as qualified audio data by an algorithm based on a reference audio standard (Under the broadest reasonable interpretation, “qualify at least a part of the data” is indicative of receiving, analyzing and/or process data based on audio data sensed by an audio sensor where the audio data may be analyzed for controlling the water consuming devices, which is taught at least at Para 0081-0083, 0085-0087, 0102, 0142 and 0370);
a transmitting member (Fig. 4, output interface 38) configured to transmit the qualified data at a given point of time to an external unit optionally via a mobile device, by low power signals (at least paragraph 0005-0006 and 0083 teach “the output interface 38 is configured to provide feedback data based on the analysis of the user data to the first appliance 31. The feedback data may be applied by the water consuming appliance to set a water temperature, a water volume, or a water pattern in response to the feedback data.” Under the broadest reasonable interpretation, this limitation is indicative of receiving, analyzing and/or process data by low or full power mode, which is taught by at least Para 0370); and
a unique identification mechanism (Para 0089, 0102; device identifier, “the voice command may be interpreted at the second appliance 32 and encoded as command data 45. The command data 45 may include a data packet with a device identifier and a function identifier”) being readable or scannable by a mobile device and configured to include output data based on the qualified data for reducing or controlling water consumption in the bathroom (Under the broadest reasonable interpretation, at least paragraphs 0089 and 0092-0102 teach a device identifier included data packet, where the device identifier includes a code or a word that describes the target device for the skill command and is used between appliances to control operations of a water consumption (e.g., controlling a water flow and shower sequence)).
Regarding Claim 3, BRADLEY teaches wherein the controller is configured to qualify at least a part of the data received from the motion sensor as qualified motion data by an algorithm based on a reference motion standard (Under the broadest reasonable interpretation, “qualify at least a part of the data” is indicative of receiving, analyzing and/or process data based on motion data sensed by a motion sensor, which is taught at least at Para 0081-0083, 0102, 0142 and 0370).
Regarding Claim 5, it is dependent on claim 1 and has similar limitations as of claims 3 and 4 above. Therefore, it is rejected under the same rationale as of claims 3 and 4 above.
Regarding Claim 6, BRADLEY teaches wherein the transmitting member is configured to transmit motion data and audio data at a given point of time if the motion data and the audio data are qualified by the controller (at least paragraph 0005-0006 and 0083 teach “the output interface 38 is configured to provide feedback data based on the analysis of the user data to the first appliance 31. The feedback data may be applied by the water consuming appliance to set a water temperature, a water volume, or a water pattern in response to the feedback data”).
Regarding Claim 7, BRADLEY teaches wherein the one or more sensors includes a humidity sensor configured to monitor the ambient humidity in a bathroom as a third indication of activity in the bathroom (Para 0139-0142, especially paragraph 0142 teaches various types of sensors to detect a presence or gesture, temperature, sound, order, humidity, “The sensor 188 may be a retina scanner configured to scan the eyes of the user. The sensor 188 may be a fingerprint sensor. The sensor 188 may be an audio sensor such as a microphone. The sensor 188 may detect odors or VOCs. The sensor 188 may be an environment sensor such as a temperature sensor, a light sensor, or a humidity sensor. The sensor 188 may be a remote sensor in another location (e.g., a different from than the intelligent toilet). The sensor 188 may be a leak sensor to detect a water leak in the intelligent toilet. For example, the sensor 188 may detect a water level”).
Regarding Claim 8, BRADLEY teaches wherein the transmitting member is configured to transmit humidity data at a given point of time if the humidity data is qualified by the controller (at least paragraph 0005-0006 and 0083 teach “the output interface 38 is configured to provide feedback data based on the analysis of the user data to the first appliance 31. The feedback data may be applied by the water consuming appliance to set a water temperature, a water volume, or a water pattern in response to the feedback data.” Under the broadest reasonable interpretation, Para 0081-0082, 0102 and 0139-0142 (especially paragraph 0142) teach various types of sensors to detect a presence or gesture, temperature, sound, order, humidity and transmit the sensed data (humidity data) by the controller.).
Regarding Claim 9, BRADLEY teaches wherein the identification mechanism is configured to include output data if motion data and audio data at a given point of time are qualified by the controller, and humidity data is qualified by the controller or the external unit to encompass a predetermined change in humidity as the third indication of activity in the bathroom (Under the broadest reasonable interpretation, at least paragraphs 0089 and 0092-0102 teach a device identifier included data packet, which is used between appliances to control operations of a water consumption (e.g., controlling a water flow and shower sequence), and at least paragraphs 0005-0008 teach controller configured to perform an analysis of the sensor data (including motion, audio and humidity data) from the at least one first device and generating, using the controller, feedback data based on the analysis of the sensor data. The feedback data is configured to operate a second device based on the sensor data from the at least one first device).
Regarding Claim 10, BRADLEY teaches wherein the transmitting member is configured to transmit motion data, audio data and humidity data at a given point of time if the motion data, the audio data, and the humidity data are qualified by the controller (Under the broadest reasonable interpretation, at least paragraphs 0006-0008 teach a controller to generate feedback data based on the analysis of the sensor data and a communication interface to send a reporting message indicative of data collected by at least one appliance to a central server).
Regarding Claim 11, BRADLEY teaches wherein the one or more sensors includes an ambient temperature sensor (Para 0139-0142, especially paragraph 0142 teaches various types of sensors to detect a presence or gesture, temperature, sound, order, humidity, “The sensor 188 may be a retina scanner configured to scan the eyes of the user. The sensor 188 may be a fingerprint sensor. The sensor 188 may be an audio sensor such as a microphone. The sensor 188 may detect odors or VOCs. The sensor 188 may be an environment sensor such as a temperature sensor, a light sensor, or a humidity sensor. The sensor 188 may be a remote sensor in another location (e.g., a different from than the intelligent toilet). The sensor 188 may be a leak sensor to detect a water leak in the intelligent toilet. For example, the sensor 188 may detect a water level”).
Regarding Claim 12, BRADLEY teaches wherein the transmitting member is configured to transmit temperature data at a given point of time if the temperature data is qualified by the controller (Under the broadest reasonable interpretation, at least paragraphs 0006-0008 teach a controller to generate feedback data based on the analysis of the sensor data and a communication interface to send a reporting message indicative of data collected by at least one appliance to a central server).
Regarding Claim 13, BRADLEY teaches wherein the identification means mechanism is configured to include output data if motion data and audio data at a given point of time are qualified by the controller, humidity data is qualified by the controller or the external unit to encompass a predetermined change in humidity as the third indication of activity in the bathroom, and temperature data is qualified by the controller or the external unit (at least paragraphs 0089 and 0092-0102 teach a device identifier included data packet, where the device identifier includes a code or a word that describes the target device for the skill command and is used between appliances to control operations of a water consumption (e.g., controlling a water flow and shower sequence). Under the broadest reasonable interpretation, at least paragraphs 0006-0008 teach a controller to generate feedback data based on the analysis of the sensor data and a communication interface to send a reporting message indicative of data collected by at least one appliance to a central server, where the motion data, the audio data and the humidity data are indicative of the sensor data which are analyzed (qualified) by the controller to thereby generate and send the feedback data based on the analysis of the sensor data).
Regarding Claim 14, BRADLEY teaches wherein the transmitting member is configured to transmit motion data, audio data, humidity data and temperature data at a given point of time if the motion data, the audio data, the humidity data, and the temperature data are qualified by the controller (Under the broadest reasonable interpretation, at least paragraphs 0006-0008 and 0083 teach a controller to generate feedback data based on the analysis of the sensor data and a communication interface to send a reporting message indicative of data collected by at least one appliance to a central server, where the motion data, the audio data, the temperature data and the humidity data are indicative of the sensor data which are analyzed (qualified) by the controller to thereby generate and send the feedback data based on the analysis of the sensor data).
Regarding Claim 15, BRADLEY teaches wherein the motion sensor is a passive infrared sensor (PIR sensor) located below the level of the surface of the housing (Under the broadest reasonable interpretation, at least paragraph 0173 teaches an infrared sensor mounted to a neck of a faucet, “For detecting the user, the sensor 214 may be a proximity sensor (e.g., infrared sensor) or an image collection device described herein. For example, the sensor 214 may be mounted in a neck of a faucet and may detect a gesture or presence of a hand near the neck of the faucet to activate or deactivate the flow of water through the faucet. Alternatively or in addition, the sensor 214 may detect the position or identity of the user as described herein”).
Regarding Claim 16, BRADLEY teaches wherein data are integrated by the controller or the external unit (Under the broadest reasonable interpretation, at least paragraphs 0102-0103 teach a controller to receive and analyze sensor data collected from various sensors mounted in appliances).
Regarding Claim 17, BRADLEY teaches wherein motion data, audio data, and humidity data are integrated by the controller or the external unit (Under the broadest reasonable interpretation, at least paragraphs 0102-0103 teach a controller to receive and analyze sensor data collected from various sensors mounted in appliances. at least paragraphs 0006-0008 and 0083 teach the motion data, the audio data, the temperature data and the humidity data are indicative of the sensor data which are analyzed (qualified) by the controller to thereby generate and send the feedback data based on the analysis of the sensor data).
Regarding Claim 18, BRADLEY teaches wherein motion data, audio data, humidity data and temperature data are integrated by the controller or the external unit (Under the broadest reasonable interpretation, at least paragraphs 0102-0103 teach a controller to receive and analyze sensor data collected from various sensors mounted in appliances. at least paragraphs 0006-0008 and 0083 teach the motion data, the audio data, the temperature data and the humidity data are indicative of the sensor data which are analyzed (qualified) by the controller to thereby generate and send the feedback data based on the analysis of the sensor data).
Regarding Claim 19, BRADLEY teaches wherein the one or more sensors includes a carbon dioxide sensor (Under the broadest reasonable interpretation, at least paragraph 0111 teaches a sensor to detect carbon based chemical, “The sensor 102 may be an audio sensor such as a microphone. The sensor 102 may detect odors. The sensor 102 may detect volatile organic compounds (VOCs) or other carbon based (organic) chemicals (compounds) that are indicative of odor. The sensor 102 may be an environment sensor such as a temperature sensor, a light sensor, or a humidity sensor. The sensor 102 may be a remote sensor in another location (e.g., a different rom than the mirror assembly 101”).
Regarding Claim 20, BRADLEY teaches wherein the transmitting member is configured to transmit carbon dioxide data at a given point of time if the carbon dioxide data is qualified by the controller ((Under the broadest reasonable interpretation, at least paragraphs 0006-0008 and 0111 teach a controller to generate feedback data based on the analysis of the sensor data, where the sensor data includes carbon dioxide data as taught at paragraph 0111, and a communication interface to send a reporting message indicative of data collected by at least one appliance to a central server).
Regarding Claim 21, it is dependent on claim 19 and has similar as a part of claims 13 and 19 above. Therefore, it is rejected under the same rationale as a part of claims 13 and 19 above.
Regarding Claim 22, it has similar limitation as claim 14. The additional element of the carbon dioxide data is taught by claim 19. Therefore, it is rejected under the same rationale as a part of claims 14 and 19 above.
Regarding Claim 23, BRADLEY teaches wherein the one or more water consumption locations in a bathroom comprises a space defined by inside of walls of the bathroom, excluding locations within or outside the walls of the bathroom (Under the broadest reasonable interpretation, at least paragraph 0072 teaches at least one water consuming device mounted at various locations in a bathroom, “the network device 14 communicates with at least one water consuming device. Example water consuming devices include the programmable shower 2, the bathtub sensory device 3, the bathtub level device including the drain 4 and faucet 5, the intelligent toilet 6, the automated sink 8, the kitchen appliance 11, and the water system 12. The water consuming device is connected to a water supply or plumbing system. The water consuming device may include at least one sensor associated with the water supply such as a flow sensor that measures the flow of water or other types of sensors”).
Regarding Claim 27, BRADLEY teaches wherein the output data includes one or more of water-saving tips, shower statistics, water tap statistics, toilet usage statistics, running water statistics and running water alerts (At least paragraphs 0006-0008, 0066, and 0072-0073 teach collecting sensor data for usage statistics and collecting data related to usage, maintenance, or malfunction, and provide alerts based on the collected data related to a water use, “The communication interface is configured to send a reporting message indicative of data collected by at least one appliance to a central server. The controller is configured to receive an analysis message from the central server. The analysis message indicates a condition of water from the at least one appliance or a condition of water in a geographic area associated with the at least one appliance. The controller is configured to provide an alert in response to the analysis message”).
Regarding Claim 35, it is a method type claim and has similar limitations as of claim 1 above. Therefore, it is rejected under the same rationale as of claim 1 above.
Regarding Claim 39, it is dependent on claim 35 and has similar limitations as of claim 1 above. Therefore, it is rejected under the same rationale as of claim 1 above.
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.
1. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over BRADLEY in view of Klicpera (US 9749792 B2, hereinafter referred to as “Klicpera”).
Regarding Claim 2, BRADLEY teaches wherein the unique identification mechanism is a matrix barcode (Para 0102, “The sensor data may be received through wireless communication and encoded with a timestamp, a device identifier for the first appliance 31, and a data type identifier for the type of sensor that collected the sensor data”). BRADLEY fails to explicitly disclose a matrix barcode. However, Klicpera teaches a QR code and a barcode used to establish a link to a water use and water energy use monitoring (see at least Col. 51, lines 43-53).
BRADLEY and Klicpera are both considered to be analogous to the claimed invention because they are in the same field of an equipment health state monitoring and asset management of controlling water consumption and monitoring a water use. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified BRADLEY to incorporate the teachings of Klicpera by providing a barcode QR code for establishing a link to a water use and water energy use monitoring, taught by Klicpera at least at Col. 51, lines 43-53.
2. Claims 36 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over BRADLEY in view of WANG et al. (CN 111926697 A, hereinafter referred to as “WANG”).
Regarding Claim 36, BRADLEY fails to explicitly disclose, but WANG teaches wherein the audio sensor is protected from water droplets in the apparatus by a trap that serves to avoid water interference without substantially reducing audio signals, the trap comprising a U-shaped air channel starting from the face of a bottom portion of the apparatus and extending towards the audio sensor (Fig. 2, “the water quality detecting sensor 5 is set in the U-shaped pipe” in page 2 of English machine translation).
WANG is considered to be analogous to the claimed invention because it is in the same field of a water collecting pipeline and a water detecting and shunting device. Under the broadest reasonable interpretation, note that the U-shaped channel and its structure are common knowledge and is merely indicative or well known in the art at the effective filing date, as the trap comprising a U-shaped air channel is not critical to be distinctly result-effective features but merely indicative of an exemplary variable to install the audio sensor to avoid water interference based on routine experimentation and/or a user’s interest or preference. WANG teaches a sensor set or installed in the U-shaped pipe. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified BRADLEY to incorporate the teachings of WANG by providing the audio sensor with the trap of the U-shaped channel to thereby protect water droplets according to a user’s interest or preference, taught by WANG at least at page 2 of English machine translation.
Regarding Claim 37, BRADLEY fails to explicitly disclose, but WANG wherein the humidity sensor is protected from water droplets in the apparatus by a trap that serves to avoid water interference without substantially reducing audio signals, the trap comprising a U-shaped air channel starting from the face of a bottom portion of the apparatus and extending towards the humidity sensor (Fig. 2, “the water quality detecting sensor 5 is set in the U-shaped pipe” in page 2 of English machine translation).
Under the broadest reasonable interpretation, note that the U-shaped channel and its structure are common knowledge and is merely indicative or well known in the art at the effective filing date, as the trap comprising a U-shaped air channel is not critical to be distinctly result-effective features but merely indicative of an exemplary variable to install the humidity sensor to avoid water interference based on routine experimentation and/or a user’s interest or preference. WANG teaches a sensor set or installed in the U-shaped pipe. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified BRADLEY to incorporate the teachings of WANG by providing the humidity sensor with the trap of the U-shaped channel to thereby protect water droplets according to a user’s interest or preference, taught by WANG at least in page 2 of English machine translation.
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sinha et al. (US 20220107632 A1) at least one flow sensor configured to generate water usage data for a bathroom device, at least one presence sensor configured to generate user presence data for a room including the bathroom device, and a controller configured to analyze the usage data and the user presence data to generate a maintenance message in response to the analysis.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BYUNG RO LEE whose telephone number is (571)272-3707. The examiner can normally be reached on Monday-Friday 8:30am-4:00pm.
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/BYUNG RO LEE/Examiner, Art Unit 2858
/CHRISTOPHER P MCANDREW/Primary Examiner, Art Unit 2858
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