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 .
Response to Arguments
Applicant’s arguments with respect to all pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 – 2, 4 – 6, 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 6,658,933 B2 to Allegre et al. (hereinafter “Allegre”) in view of U.S. Patent Application Publication No. 2016/0219658 A1 to Xiong et al. (hereinafter “Xiong”) in view of U.S. Patent No.12,293,653 B2 to Vanek et al. (hereinafter “Vanek”).
Regarding Claim 1, Allegre teaches a material indicating gauge device (see abstract, Fig. 1) comprises:
a housing (see electronic box 17, Fig. 1, Col. 5, lines 16 – 24, line 66 – Col. 6, line 10 and/or casing 16, Figs 4 – 6, 8, see Col. 4, lines 55 – Col. 5, line 5);
a circuit (see Col. 6, lines 4 – 27 describing the electronic box 17 comprising a microprocessor or microcontroller, thus comprising a circuit, and/or see bar 8, Figs. 1 - 8 which may be in the form of a printed circuit board, see Col. 4 lines 23 – 33, 55 – 67);
an electrical power supply (see battery 18, Fig. 1, see Col. 5, line 65 – Col. 6, line 10);
an addressable light emitting diode (LED) strip (see light sources 10, Figs. 1 – 5, see Col. 4, lines 23 – 30, describing light source 10 consisting for instance of light-emitting diode);
one or more cables (see extended metal pins 29, Fig. 6, see wires communicated with the printed-circuit board 8 through the electronics box 17, see Col. 5, lines 16 – 24, Col. 5, line 66 – Col. 6, line 10);
the circuit (17 and/or 8) is disposed within the housing (see box 17 which comprises a housing and/or see pcb 8 within casing 16, see arrangement at Figs. 1, 4 – 6, 8);
the circuit is secured to the housing (see arrangement at Figs. 1, 4 – 6, 8, see Col. 4, line 55 – Col. 5, line 5 and Col. 6, lines 4 - 10);
the circuit further comprises an LED driver (see Col. 6, lines 4 – 10, describing the electronics box 17 comprising a microprocessor or microcontroller which feeds power from the battery 18 to the diodes 10, and further the box 17 performs various signal processing functions, therefore it would be obvious to recognize an LED driver comprised in the box since the box feeds power to the diodes by communicating with the microprocessor and the various signal processing functions, thus comprising an LED driver as claimed),
a step-down converter (see Col. 6, lines 4 – 10 which states “This box 17 performs various signal processing functions aimed both at providing a readout of the liquid gas level in the tank and at assuring a safe installation”),
a microcontroller (see Col. 6, lines 4 – 10, describing the electronics box 17 comprising a microprocessor or microcontroller).
Even though Allegre teaches a box 17 that performs various signal processing functions as described above, Allegre is silent as to the circuit comprising a step-down converter. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a step-down converter, since it is known in the art of electronics comprising signal processing functions that signal processing often relates to the manipulation of a signal which can include tasks like converting signals, filtering out unwanted noise, or modifying the signal’s characteristics to prepare it for further processing. Therefore, Allegre’s box 17 which is powered by the battery 18 uses a signal processing function which also prepares the signals for processing it with the microprocessor/microcontroller of box 17.
In addition, Xiong, in the field of LED tube lamp, teaches a circuit further comprises an LED driver and a step-down converter (see paragraph [0296] which states “a driving circuit 1630 in this embodiment comprises a buck DC-to-DC converter circuit having a controller 1631 and a converter circuit. The converter circuit includes an inductor 1632, a diode 1633 for “freewheeling” of current, a capacitor 1634, and a switch 1635. Driving circuit 1630 is coupled to filtering output terminals 521 and 522 to receive and then convert a filtered signal into a driving signal for driving an LED module connected between driving output terminals 1521 and 1522”, see also paragraphs [0305] and [0309] describing use of a buck DC-to-DC converter circuit for driving an LED module).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use buck DC-to-DC converter circuit (i.e., step-down converter) of Xiong in to Allegre, in order to efficiently and accurately prepare the signal to drive the LED module.
Allegre in view of Xiong as modified above further teaches;
the LED driver further comprises an input side, and
an output side (see box 17 of Allegre which comprises the LED driver as described above, and which has both an input side (i.e., such as input from the battery side at 18, Fig. 1 of Allegre) and an output side (i.e., an output side connected to the pcb 8 which comprises the diodes 10, see arrangement at Fig. 1 of Allegre);
the input side of the LED driver (input side of box 17 of Allegre) is electrically coupled to the electrical power supply (18) by one of the one or more cables (see arrangement at Fig. 1 of Allegre);
the output side of the LED driver is electrically coupled to the addressable LED strip (see output side of box 17 electrically coupled to the diodes 10 of Allegre, see arrangement at Fig. 1 of Allegre),
the output side of the LED driver is electrically coupled to the step-down converter (see Figs. 53C, 53E, 53F of Xiong illustrating electrical communication of the driving circuit with the step-down converter and microcontroller, and see paragraphs [0296], [0305] and [0309] of Xiong);
the step-down converter is electrically coupled to the microcontroller (see Figs. 53C, 53E, 53F of Xiong illustrating electrical communication of the driving circuit with the step-down converter and microcontroller, and see paragraphs [0296], [0305] and [0309] of Xiong); and
the microcontroller is electrically coupled to the addressable LED strip (see box 17 comprising microcontroller/microprocessor that feeds power from the battery 18 to the diodes 10 as seen at Fig. 1 and described at Col. 6, lines 4 – 10 of Allegre and/or see paragraphs [0296], [0305] and [0309] of Xiong).
Allegre in view of Xiong teach the claimed invention except for the addressable LED strip is a modular system; the modular system comprises at least two LED strip segments; each one of the at least two LED strip segments is electrically coupled together with another one of the at least two LED strip segments; and the LED strip segments are arranged in a linear arrangement.
Vanek, in the field of visual indication of tank level systems, teaches
the addressable LED strip (see fluid indicator/fluid strip 315, Figs. 3, 4, see Col. 5, lines 1 – 7, Col. 6, lines 14 – 40 and Col. 7, lines 19 – 51 describing the fluid indicator/strip 315 including plurality of lights 325a-325c arranged proximate to an exterior surface of the storage tank(s) 310, 350, Figs. 3, 4, note that the plurality of lights may be light emitting diode (LED) lights as described at Col. 6, lines 37 - 40) is a modular system; the modular system comprises at least two LED strip segments (see Col. 7, lines 19 – 20, 35 – 51, describing the fluid indicator 315 can be for example a segmented fluid indicator 800, Fig. 8),
each one of the a least two LED strip segments is electrically coupled together with another one of the at least two LED strip segments (see Col. 7, lines 19 – 20, 35 – 51, describing the use of segmented fluid indicator and further states “A user can plug in another LED segment (fluid strip) using a coupler, and then the 0-25 ft tank would be represented by two 3 ft LED light segments (or a 3 ft and 5 ft LED light segment), for example”, thus the LED segments are coupled with each other, see also Col. 8, line 66 – Col. 9, lines 1 – 9, which states “the controller 712 is communicatively and/or electrically coupled with the one or more sensor(s) 305, 355 and the fluid indicator 315”, see arrangement at Fig. 7 which illustrates electrical communication of the controller with fluid indicator strip 315), and the LED strip segments are arranged in a linear arrangement (see Col. 6, lines 26 – 29, stating “The plurality of lights 325a-325c is arranged linearly and vertically up-and-down on the exterior surface of the one or more above-ground storage tank(s) 310, 350”) when each LED strip segment of the plurality of LED strip segments is electrically coupled to an adjacent LED strip segment (see paragraph Col. 7, lines44 - 51 describing the use of segmented fluid indicator and further states “A user can plug in another LED segment (fluid strip) using a coupler, and then the 0-25 ft tank would be represented by two 3 ft LED light segments (or a 3 ft and 5 ft LED light segment), for example”, thus the LED segments are coupled with each other, see also Col. 9, lines 1 – 27, which states “the controller 712 is communicatively and/or electrically coupled with the one or more sensor(s) 305, 355 and the fluid indicator 315”, see arrangement at Fig. 7 and Col. 4, lines 58 – 64, stating “Fig. 7 is a wiring diagram 700 illustrating the fluid indicator 315 coupled with a processor 710 and a power source 720”, thus the LED strip segments are coupled together as claimed).
Insofar as Vanek may be construed as not explicitly stating the LED strip segments being electrically coupled to an adjacent LED strip segment, Vanek teaches the LED strip segments being coupled to each other as described at paragraph [0040] and further teaches electrically coupled to the controller 712. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to recognize the connection of the LED segments including an electrical connection, since Vanek teaches that the LED strip segments are coupled to each other and there exists a wiring that controls or activates/operates the LED strip segments as illustrated at Fig. 7.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the modular system comprising at least two LED strip segments of Vanek into Allegre in view of Xiong, in order to increase usability and versatility of the fluid fill level indicating system. The modification allows for accurately and efficiently detecting fill level of different sized tanks by utilizing connectable LED strips as described above.
Regarding Claim 2, Allegre in view of Xiong as modified above teaches the addressable LED strip further comprises a frame (see casing 16, Figs. 4 – 6, 8 of Allegre and/or see LED tube lamp at Figs. 1, 2, see paragraphs [0134] – [0135] of Xiong),
a lens (see Col. 1, lines 65 – Col. 2, line 3, Col. 2, lines 42 – 49, Col. 4, lines 55 – 62 of Allegre describing the casing filled with a synthetic material that is transparent which can reasonably meet the claimed lens and/or see lamp tube 1 made of glass as described at paragraph [0135] of Xiong),
a frame seal (see Col. 4, lines 55 – 62, Col. 5, lines 25 – 37 of Allegre describing the resin being selected for its transparency (i.e., claimed lens) as well as for ensuring good mechanical qualities in terms of hardness and electrical insulation, thus forming a seal as claimed and/or see paragraphs [0192], [0198] of Xiong describing the arrangement which comprises an optical adhesive sheet that is clear or transparent material);
the frame seal is disposed perimetrically around the frame; and the frame receives the lens with the frame seal disposed between said frame and said lens (see arrangement at Fig. 8 of Allegre and/or arrangement at Fig. 2 of Xiong).
Regarding Claim 4, Allegre in view of Xiong in view of Vanek as modified above teaches wherein the electrical power supply is an alternating current (AC) power supply (see Col. 7, lines 57 – 63 of Vanek describing power to the fluid indicator 315 as being alternating current (AC) power, see also Col. 9, lines 13 – 22 of Vanek, hence reading on the invention as claimed).
Allegre in view of Xiong in view of Vanek teaches the claimed invention except for the circuit further comprises an AC to direct current (DC) converter; the AC to DC converter is electrically connected to the electrical power supply and the input side of the LED driver. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use AC to DC converter and connecting it to the electrical power supply and the input side of the LED driver, since it is known in the art that power sources can be either AC or DC based on user’s design and choice of the circuitry and using such converters to feed to the desired electrical component is known.
Regarding Claim 5, Allegre in view of Xiong in view of Vanek as modified above teaches wherein an input data signal is transmitted to the microcontroller by one of the one or more cables; the microcontroller transmits an output signal to the addressable LED strip by one of the one or more cables see extended metal pins 29, Fig. 6, see wires communicated with the printed-circuit board 8 through the electronics box 17, see Col. 5, lines 16 – 24, Col. 5, line 66 – Col. 6, line 10 of Allegre and/or see arrangement at Figs. 3 – 5, 7 of Vanek).
Regarding Claim 6, Allegre teaches a tank mount (see 5, 17, Fig. 1 of Allegre).
Allegre in view of Xiong as modified above teaches the claimed invention except for the tank mount further comprises a mounting arm, a mounting pad, a magnet; the mounting arm extends perpendicular to the addressable LED strip; the mounting pad is disposed on the mounting arm; and the magnet is attached to the mounting pad.
Vanek teaches a tank mount (see Col. 8, lines 24 – 54, describing the mounting unit 335, fluid indicator track 330 and connections of the fluid indicator 315 to the external surface of a tank using the second and third connecting units 345a, 345b respectively and the first and second base units 340a, 340b respectively as illustrated in the arrangement at Figs. 3, 4, 6, in combination with first connecting unit 320, Figs. 3, 4, see Col. 8, lines 12 – 23) further comprises a mounting arm (see for instance the fluid indicator track 330 at Fig. 6 which includes perpendicularly extending tracks at left and right side of the fluid indicator track 330 of Fig. 6, thus considered as the mounting arm as claimed), a mounting pad (either the flat part of 330 as indicated by 330 or 610, Fig. 6 or the mounting unit 335, Fig. 6 can be considered as the mounting pad), a magnet (see Col. 8, lines 38 – 54 describing use of magnets for securely connecting the components); the mounting arm extends perpendicular to the addressable LED strip (see arrangement at Fig. 6); the mounting pad is disposed on the mounting arm (see arrangement at Fig. 6); and the magnet is attached to the mounting pad (see arrangement at Fig. 6 and description at Col. 8, lines 24 – 54).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the mounting arm, mounting pad and magnet of Vanek into Allegre in view of Xiong, in order to securely attach and improve mechanical connection of the system to a wall of the chamber being evaluated.
Regarding Claim 10, Allegre in view of Xiong in view of Vanek as modified above teaches the further comprises a wireless adapter; a mobile device; a monitoring app; the wireless adapter is electrically coupled to the microcontroller; the mobile device configured to receive a wireless electrical signal; the monitoring app further comprises a user interface (see paragraph [0047] of Vanek which states “At least one of the one or more sensor(s) 305, 355 and the fluid indicator 315 may wirelessly send the exact level of the fluid in the one or more above-ground storage tank(s) 310, 350 to a web-based display (not shown) or a customer dashboard (not shown), or have a local display (not shown) that would report the exact reading of the fluid if further detail is needed to the operator through the controller 712. The server 515 may also communicate with the user device 510 through the communications network 505, which is preferably a wireless communications network such as a Long-Term Evolution (LTE), Fifth Generation Networks (5G), Wi-Fi networks and Long Range (LoRa) networks, for example”, hence reading on the invention as claimed).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Allegre in view of Xiong in view of Vanek and further in view of U.S. Patent No. 7,557,722 B1 to Chandler, Jr. et al. (hereinafter “Chandler”).
Regarding Claim 7, Allegre in view of Xiong in view of Vanek teach the claimed invention except for the housing further comprises a housing door, a door latch, a door seal; the housing door and door latch are engaged with the housing to enclose the circuit within the housing; the door seal is disposed perimetrically around a peripheral edge of the housing; and the housing operably receives the housing door with the housing door seal disposed between said housing and said housing door.
Chandler, in the field of enclosure for a wastewater fluid level sensing and control systems, teaches the housing (see door and housing arrangement at Figs. 15 – 18, see Col. 15, lines 6 – 12, Col. 17, lines 10 – 24 describing the door and housing of a control panel for the fluid level device) further comprises a housing door (see door or lid 604, Figs. 15 – 17), a door latch (see latch 720, Fig. 17, see Col. 17, lines 25 – 37), a door seal (see the housing and door including an annular 712 ridge and slot 714 respectively to engage with each other to form a fluid resistant seal, see Col. 17, lines 13 – 24);
the housing door (604) and door latch (720) are engaged with the housing (602) to enclose the circuit within the housing (see arrangement at Fig. 16 illustrating the control panel including a circuit board 660 in connection with a sensor 650 arranged inside the housing 602, see Col. 16, lines 51 – 60, Col. 17, lines 4 – 24);
the door seal (712) is disposed perimetrically around a peripheral edge of the housing (see annular 712 ridge around the housing 602 at Fig. 18, see Col. 17, lines 10 – 24); and
the housing (602) operably receives the housing door (604) with the housing door seal (712) disposed between said housing (602) and said housing door (604, see arrangement at Figs. 15 – 18).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the housing and housing door assembly of Chandler into Allegre in view of Xiong in view of Vanek, in order to reliably and efficiently protect the control system or circuit from the environment outside. The modifications thus provides reducing the opportunity for environmental conditions outside the housing from degrading the circuits and other components inside the housing.
Claim(s) 8 – 9 are rejected under 35 U.S.C. 103 as being unpatentable over Allegre in view of Xiong in view of Vanek and further in view of U.S. Patent Application Publication No. 2007/0228999 A1 to Kit (hereinafter “Kit”).
Regarding Claim 8, Allegre in view of Xiong in view of Vanek as modified above teaches the claimed invention except for a motion sensor; the motion sensor is electrically coupled to the microcontroller; and the motion sensor is positioned in operable proximity to the addressable LED strip.
Kit, in the field of an energy saving device for an LED lamp, teaches a motion sensor (see motion being detected as describe in the abstract, see also paragraphs [0017], [0526]); the motion sensor is electrically coupled to the microcontroller; and the motion sensor is positioned in operable proximity to the addressable LED strip (see paragraphs [0017], [0526], [0584] describing use of motion sensors and LED array, hence reading on the invention as claimed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the motion sensor of Kit into Allegre in view of Xiong in view of Vanek, in order to save energy of the system based on motion being sensed in the environment.
Regarding Claim 9, Allegre in view of Xiong in view of Vanek in view of Kit as modified above teaches further comprises a light sensor (see abstract of Kit describing use of photosensor); the light sensor is electrically coupled to the microcontroller; and the light sensor is positioned in operable proximity to the addressable LED strip (see paragraphs [0055], [0106] of Kit describing use of photosensor with LED array hence reading on the inventio as claimed).
Claim(s) 21 - 26 are rejected under 35 U.S.C. 103 as being unpatentable over Vanek.
Regarding Claim 21, Vanek teaches a material indicating gauge device (see abstract, Col. 2, lines 3 - 14 describing a system for displaying information related to a fluid level in a storage tank, see Figs. 3 – 4) comprising:
an addressable light emitting diode (LED) strip (see fluid indicator/fluid strip 315, Figs. 3, 4, see Col. 5, lines 1 – 7, Col. 6, lines 14 – 40 and Col. 7, lines 19 – 51 describing the fluid indicator/strip 315 including plurality of lights 325a-325c arranged proximate to an exterior surface of the storage tank(s) 310, 350, Figs. 3, 4, note that the plurality of lights may be light emitting diode (LED) lights as described at Col. 6, lines 37 - 40, hence reading on the invention as claimed),
wherein the addressable LED strip comprises a modular system including a plurality of LED strip segments (see Col. 7, lines 19 – 20, 35 – 51, describing the fluid indicator 315 can be for example a segmented fluid indicator 800, Fig. 8),
wherein each LED strip segment of the plurality of LED strip segments is configured to be electrically coupled to an adjacent LED strip segment of the plurality of LED strip segments (see Col. 7, lines 19 – 20, 35 – 51, describing the use of segmented fluid indicator and further states “A user can plug in another LED segment (fluid strip) using a coupler, and then the 0-25 ft tank would be represented by two 3 ft LED light segments (or a 3 ft and 5 ft LED light segment), for example”, thus the LED segments are coupled with each other, see also Col. 8, line 66 – Col. 9, lines 1 – 9, which states “the controller 712 is communicatively and/or electrically coupled with the one or more sensor(s) 305, 355 and the fluid indicator 315”, see arrangement at Fig. 7 which illustrates electrical communication of the controller with fluid indicator strip 315),
wherein the plurality of LED strip segments is configured to be arranged in a linear arrangement that defines the addressable LED strip (see Col. 6, lines 26 – 29, stating “The plurality of lights 325a-325c is arranged linearly and vertically up-and-down on the exterior surface of the one or more above-ground storage tank(s) 310, 350”) when each LED strip segment of the plurality of LED strip segments is electrically coupled to an adjacent LED strip segment (see paragraph Col. 7, lines44 - 51 describing the use of segmented fluid indicator and further states “A user can plug in another LED segment (fluid strip) using a coupler, and then the 0-25 ft tank would be represented by two 3 ft LED light segments (or a 3 ft and 5 ft LED light segment), for example”, thus the LED segments are coupled with each other, see also Col. 9, lines 1 – 27, which states “the controller 712 is communicatively and/or electrically coupled with the one or more sensor(s) 305, 355 and the fluid indicator 315”, see arrangement at Fig. 7 and Col. 4, lines 58 – 64, stating “Fig. 7 is a wiring diagram 700 illustrating the fluid indicator 315 coupled with a processor 710 and a power source 720”, thus the LED strip segments are coupled together as claimed).
Insofar as Vanek may be construed as not explicitly stating the LED strip segments being electrically coupled to an adjacent LED strip segment, Vanek teaches the LED strip segments being coupled to each other as described at paragraph [0040] and further teaches electrically coupled to the controller 712. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to recognize the connection of the LED segments including an electrical connection, since Vanek teaches that the LED strip segments are coupled to each other and there exists a wiring that controls or activates the LED strip segments as illustrated at Fig. 7.
Regarding Claim 22, Vanek as modified above teaches wherein the plurality of LED strip segments is arranged in a vertical linear arrangement adjacent to an exterior of a storage tank (see Col. 6, lines 26 – 29, stating “The plurality of lights 325a-325c is arranged linearly and vertically up-and-down on the exterior surface of the one or more above-ground storage tank(s) 310, 350”); wherein the material indicating gauge device is configured to emit light from the plurality of LED strip segments to visually mark a height of a liquid contained in the storage tank (see abstract describing a visual indication of a tank-level via the plurality of lights arranged on the exterior surface of a tank, see Col. 6, lines 23 – 26, which states “The plurality of lights 325a-325c is arranged on the fluid indicator 315 such that when a first proportion of a light is electrified, it displays a first color, where the display visually indicates the first detected fluid level”, hence reading on the invention as claimed).
Regarding Claim 23, Vanek as modified above teaches wherein the material indicating gauge device is configured to transmit a warning indicator to the addressable LED strip for a critical liquid level in the storage tank (see Col. 2, lines 28 - 36 describing the system including a controller in communication with the sensor and the fluid indicator comprising the LED segments and further teaches first communication message generated to a user where the first communication message comprises warning related to an unsafe condition, see also Col. 6, lines 58 - 64 describing the plurality of lights 325a-325c indicates error in the systems 300, 400, hence reading on the invention as claimed), wherein the addressable LED strip is configured to flash when the addressable LED strip receives the warning indicator (see Col. 6, line 65 – Col. 7, lines 1 – 12, describing the capability of the plurality of lights to be programmed and further states “The plurality of lights 325a-325c on the fluid indicator 315 may be turned OFF by default, and then triggered “ON” from a message (e.g., push message, a notification message, a SMS or the like) and be activated for a set period of time (for example, 5 minutes, 10 minutes)”, thus depending on the notification message, the lights can be activated for a set period of time, see also Col. 7, lines 57 – 63, which states “Further, if the site lost AC (alternating current) power, or a pump motor tripped a breaker or entered/encountered another error preventing its operation, the fluid indicator 315 can turn all red colors. In one embodiment, this error color can alternate with the normal tank level display”, hence reading on the invention as claimed).
Regarding Claim 24, Vanek as modified above teaches wherein the material indicating gauge device is configured to detect a first liquid level of a first liquid contained in the storage tank and a second liquid level of a second liquid contained in the storage tank (see detected first level 360 of a first fluid and detected level 365 of a second fluid in tanks 310, 350, see Fig. 4 and Col. 6, lines 2 - 9), wherein the addressable LED strip is configured to display a first color to visually mark a first height of the first liquid and a second color that is different than the first color to visually mark a second height of the second liquid (see Col. 6, lines 41 – 57, stating “a first color of the plurality of lights 325a-325c indicates at least one of a status of the first fluid and a type of the first fluid at a first defined volume, and a second color of the plurality of lights 325a-325c indicates a status of a second fluid and a type of the second fluid at a second defined volume”, hence reading on the invention as claimed).
Regarding Claim 25, Vanek as modified above teaches further comprising a tank mount (see Col. 8, lines 24 – 54, describing the mounting unit 335 and connections of the fluid indicator 315 to the external surface of a tank through second and third connecting units 345a, 345b respectively and the first and second base units 340a, 340b respectively as illustrated in the arrangement at Figs. 3, 4, 6, in combination with first connecting unit 320, Figs. 3, 4, see Col. 8, lines 12 - 23), wherein the tank mount (335, 345a, 345b, 340a, 340b, 320) comprises a mounting pad attached to the addressable LED strip and a magnet attached to the mounting pad (see Col. 8, lines 5 – 54, describing the components including clamps, magnets, hinge, fasteners or the like, hence reading on the invention as claimed), wherein the magnet is configured to magnetically couple the addressable LED strip to a storage tank made of a ferromagnetic material (see Col. 2, lines 3 - 14, see Col. 8, lines 5 – 54 describing use of magnetic coupling, hence reading on the invention as claimed).
Regarding Claim 26, Vanek as modified above teaches further comprising a waterproof frame, wherein the waterproof frame comprises a lens and a frame seal disposed perimetrically around the waterproof frame, wherein the frame seal forms a seal between the waterproof frame and the lens (the fluid indicator 315 may be secured under a cover which acts as a protective element for the fluid indicator 315 as described at Col. 8, lines 55 – 65 and see Col. 8, lines 55 – 65 which further states “The cover protects the fluid indicator 315 and/or the fluid indicator track 330 from poor weather conditions, vandalism, for example. The cover may be made from a polymeric material, fiber material, glass or any suitable material known to a person skilled in the art. The cover has a suitable shape so that it can secure the fluid indicator 315 and/or the fluid indicator track 330”, thus serving as the claimed waterproof frame since the cover is a “protective element” and may comprise a glass material (i.e., lens as claimed) and further protects the fluid indicator 315 from “poor weather conditions” and/or the material being glass or polymeric material which is understood to be waterproof).
Insofar as Vanek may be construed as not explicitly teaching the waterproof frame comprises a lens and a frame seal disposed perimetrically around the waterproof frame, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a waterproof frame comprising a lens and a frame seal as claimed, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form accompanying this office action which includes the following relevant prior art:
Meerbeek et al. (U.S. 10,716,195 B2) teaches lighting system for controlling an LED array comprising LED array 102 comprising a plurality of individually addressable light sources L1-L15 each having an individual address, a processor (104) configured to divide the plurality of individually addressable light sources L1-L15 into a plurality of segments (110, 112, 114) of light sources by assigning segment addresses to the segments (110, 112, 114) of light sources.
Cazden (U.S. 6,276,200 B1) teaches liquid level controller. The system further includes a sealed access cover 162 that attaches to the sensor circuit housing 161 to create a liquid-tight seal, protecting a sensor circuit 163 that is placed within the sensor circuit housing 161 as illustrated at Fig. 10.
Kopansky et al. (U.S. 2015/0153213 A1) teaches a visual indicator with sensor comprising a window 140 affixed to the housing 110 by a snap on ring 365b and a second sealing O-ring 370b.
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 12/15/2025 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). 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 MARRIT EYASSU whose telephone number is (571)270-1403. The examiner can normally be reached M - F: 9:00AM - 6:00PM.
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/MARRIT EYASSU/Primary Examiner, Art Unit 2855