DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 2-14 are objected to because of the following informalities:
Claims 2-14, line 1 recites “an entire building” should read --the entire building-- for correct antecedent basis. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 7-9 and 11-14 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.
With respect to claim 7, the recited “the second sensor assembly is configured to utilize the flood sensor to detect a flood situation” lacks proper antecedent basis. What flood sensor does this limitation refer back? The instant claim depends from claim 1, however it’s in claim 4 where the “a flood sensor” is recited. Did applicant intend for claim to depend directly from claim 4? To further prosecution, the examiner has interpreted the claim as depending from claim 4 for proper antecedent basis. However, clarification is required.
With respect to claim 8, the recited “wherein in the second mode of the at least one second sensor assembly the second sensor assembly is configured to utilize the leak sensor to detect a leak situation.” lacks proper antecedent basis. What leak sensor does this limitation refer back? The instant claim depends from claim 7, however it’s in claim 5 where “a leak sensor” is recited. Did applicant intend for claim to depend directly from claim 5? To further prosecution, the examiner has interpreted the claim as depending from claim 5 for proper antecedent basis. However, clarification is required.
With respect to claim 9, the recited “the second sensor assembly is configured to utilize the pulse sensor to count and record pulses generated by the water meter” lacks proper antecedent basis. What pulse sensor does this limitation refer back? The instant claim depends from claim 1, however it’s in claim 6 where “a leak sensor” is recited. Did applicant intend for claim to depend directly from claim 6? To further prosecution, the examiner has interpreted the claim as depending from claim 6 for proper antecedent basis. However, clarification is required.
With respect to claim 11, the recited “upon the humidity being average the alarm is identified as a priority” is unclear. Does applicant intend to recite “upon the humidity being averaged, the alarm is identified as a priority? If so, how and what is doing the averaging? Clarification is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-9 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agarwal et al. (2018/0306609) in view of Palayur (2011/0035063).
With respect to claim 1, Agarwal et al. teaches in Fig. 1A a water monitoring system (100) that is operable to measure and detect water flows, leaks and consumption patterns (consumption; [0037]) within an entire building [0038] wherein the water monitoring system (100) comprises: at least one first sensor assembly (102), said at least one first sensor assembly (102) having a temperature sensor (temperature sensor 110, Sensor1; Fig.1A, [0042]), said at least one first sensor assembly (102) having a vibration sensor (vibration sensor 110, Sensor2; [0034]), said at least one first sensor assembly (102) configured to measure temperature and vibrations of a water supply pipe (insofar as what is structurally recited, as Agarwal et al. teaches using sensors that sense temperature and vibration in the building to detect events related to faucet, sinks, showers, toilets; [0037] [0038]), said at least one first sensor assembly (1023) further including a processing module (112), said processing module (112) having electronics configured to receive, store, transmit and manipulate data [0042], said at least one first sensor assembly (102) being configured for a first mode or a second mode (as Agarwal teaches each assembly 102 is capable of being installed at various location within the build, thereby operating in a specific mode with respect to that sensor assembly’s location; insofar as how these “mode(s)” are structurally defined relative to the sensor assembly and their respective locations); at least one second sensor assembly (i.e. a second of 102, as Agarwal et al. teaches using one more sensor assemblies installed within a structure at strategic infrastructure probe points; [0038]), said at least one second sensor assembly (i.e. the second of 102) being configured to be mounted in alternate locations in the building [0038], said at least one second sensor assembly (i.e. the second of 102) configurable to operate in a first mode, a second mode or a third mode (as Agarwal teaches each sensor assembly 102 is capable of being installed at various location within the build, for example HVAC components [0038], thereby operating in a specific mode with respect to that sensor assembly’s location; insofar as how these “mode(s)” are structurally defined relative to the sensor assembly and their respective locations), said at least one second sensor assembly (i.e. the second of sensor assembly 102) having an environmental sensor (110n), said environmental sensor (110n) configured to measure humidity and temperature (Agarwal et al. teaches in [0034] sensing ambient temperature and humidity) of an area (i.e. a living space of a home/house; [0039]) in which the at least one second sensor (110n) is located (within the home/house), said at least one second sensor assembly (i.e. the second sensor assembly 102) further including a processing module (as each sensor assembly is taught to have 112 module for processing the raw data), said processing module (112) having electronics configured to receive, store, transmit and manipulate data [0042]; and a server (104; Abstract, [0034]), wherein the server (104) is located in a location remote (i.e. remote server; [0055]) to the building (i.e. home/house), said server (104) being communicably coupled to said at least one first sensor assembly (102), and said at least one second sensor assembly (102), said server (104) having software loaded (i.e. machine learning software) thereon configured to provide operation of the water monitoring system (i.e. provide operation event data as detected by the water monitoring system).
Agarwal et al. remains silent regarding a water meter monitor, said water meter monitor being operably coupled to a water meter coupled to an incoming water supply pipe for the building; and the server being communicably coupled to said water meter monitor.
Palayur teaches a similar system that includes a water meter monitor (50), said water meter monitor (50) being operably coupled to a water meter (i.e. flow sensor; [0068] coupled to an incoming water supply pipe for a building (as Palayur teaches in [0028] the water meter monitor being installed water pipe; [0033]); and a server (Abstract) being communicably coupled to said water meter monitor (50).
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to modify the system of Agarwal et al. to include the water monitor and server communicability, as taught in Palayur, because Palayur teaches such a modification improves a user’s ability to monitor and control water consumption, thereby saving the user money; [0028].
With respect to claim 2, Agarwal et al. teaches in Fig. 1A the water monitoring system that is operable to measure and detect water flows, leaks and consumption patterns within an entire building as recited in claim 1, wherein in the first mode (i.e. a mode related to water consumption) of the at least first sensor assembly (i.e. the first of 102) the at least one sensor assembly (i.e. the first of 102) is operably coupled to a water pipe (i.e. a faucet; [0037]) that is configured to move water in a vertical direction (as a faucet moves water in an upward direction into a sink).
With respect to claim 3, Agarwal et al. teaches in Fig. 1A the water monitoring system that is operable to measure and detect water flows, leaks and consumption patterns within an entire building as recited in claim 1, wherein the second mode (i.e. a mode related to sensing a flow of water) of the at least one first sensor assembly (i.e. the first of 102) the at least one first sensor assembly (i.e. the first of 102) is operably coupled to a plumbing pipe (i.e. a faucet; [0037]) at a point where water has an opportunity to exit a plumbing system (as a faucet allows water to flow from water lines within the home/house out into a sink) in a controlled manner (as a faucet includes valve for opening and closing the flow of water in a controlled manner).
With respect to claim 4, Agarwal et al. teaches all that is claimed in the above rejection of claim 1, but remains silent regarding the at least one second sensor assembly (i.e. the second of 102) includes a flood sensor, said flood sensor configured to detect water surroundably present to the at least one second sensor assembly.
Palayur teaches a flood sensor (53; [0041] [0068]), said flood sensor (53) configured to detect water (Fig. 12) surroundably present to a sensor assembly [0078] [0092].
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to modify the system of Agarwal et al. to include flood sensor, as taught in Palayur, because Palayur teaches such a modification improves the system’s ability to sense the absence or presence of a flood, thereby improving a user’s ability to monitor and control water consumption and save the user money; [0028].
With respect to claim 5, Agarwal et al. teaches all that is claimed in the above rejection of claim 1, but remains silent regarding the at least one second sensor assembly further includes a leak sensor, said leak sensor configured to detect water on a pipe to which the at least one second sensor assembly is coupled up to 1.5 meters away from the at least one second sensor assembly.
Palayur teaches includes a leak sensor [0033], said leak sensor [0033] configured to detect water on a pipe (as Palayur teaches using data collected by sensors to detect water on a pipe based on the collected data sent to a microprocessor).
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to modify the system of Agarwal et al. to include a leak sensor, as taught in Palayur, because Palayur teaches such a modification improves the system’s ability to sense a leak, thereby improving a user’s ability to monitor and control water consumption and save the user money; [0028].
Agarwal et al. as modified remains silent regarding the at least one second sensor assembly is coupled up to 1.5 meters away from the at least one second sensor assembly.
The combination, as a whole, teaches placing various sensors at different positions within a building.
It has also been held that rearrangement of parts is not sufficient to patentably distinguish an invention over the prior art, as set forth in MPEP §§ 2144.04(VI)(C).
In this instance, the person having ordinary skill in the art has the capability to perform the engineering calculations necessary to ensure the sensor placements have sufficient coverage to perform their intended function, including the detection of a leak on a pipe.
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the combination have the leak sensor up to 1.5 meters away from the at least one sensor assembly because one having ordinary skill in the art could easily determine the optimal distance for all the sensors within the system.
With respect to claim 6, Agarwal et al. teaches in Fig. 1A the water monitoring system that is operable to measure and detect water flows, leaks and consumption patterns within an entire building as recited in claim 1, but remains silent regarding the second sensor assembly further includes a pulse sensor, said pulse sensor configured to be operably coupled to the water meter, said pulse sensor configured to record and store pulses generated on a pulse output cable coupled to the water meter.
Palayur teaches a pulse sensor (as insofar as what is structurally recited, Palayur teaches a sensor for detecting an opening and closing of a valve in the meter; [0080]), said pulse sensor [0080] configured to be operably coupled to the water meter (of the water meter via a valve), said pulse sensor configured to record and store pulses generated on a pulse output cable coupled to the water meter (such that the system can maintain a record of if the valve is open or closed).
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to modify the system of Agarwal et al. to include pulse sensor, as taught in Palayur, because Palayur teaches such a modification improves the system’s ability to sense absence or presence of water flow, thereby improving a user’s ability to monitor and control water consumption and save a user money; [0028].
With respect to claim 7, Agarwal et al. as modified by Palayur teaches the water monitoring system that is operable to measure and detect water flows, leaks and consumption patterns within an entire building as recited in claim 4 (see the above 112(b) rejection), wherein in the first mode (i.e. a respective mode for that sensor at its specific location) of the at least one second sensor assembly (i.e. the second sensor assembly) the second sensor assembly (i.e. the second sensor assembly) is configured to utilize the flood sensor (of Palayur) to detect a flood situation (as taught in Fig. 12 of Palayur).
With respect to claim 8, Agarwal et al. as modified by Palayur teaches the water monitoring system that is operable to measure and detect water flows, leaks and consumption patterns within an entire building as recited in claim 5 (see the above 112(b) rejection) wherein in the second mode (the mode respective to the sensor and its location) of the at least one second sensor assembly (i.e. the second of 102) the second sensor assembly (i.e. the second of 102) is configured to utilize the leak sensor (as taught in Palayur) to detect a leak situation [0033] of Palayur.
With respect to claim 9, Agarwal et al. as modified by Palayur teaches the water monitoring system that is operable to measure and detect water flows, leaks and consumption patterns within an entire building as recited in claim 6 (see the above 112(b) rejection) wherein in the third mode of the at least one second sensor assembly (i.e. the second of 102) the second sensor assembly (i.e. the second of 102) is configured to utilize the pulse sensor to count and record pulses generated by the water meter (so to keep track of an opening and closing of the water meter event, as taught by Palayur).
With respect to claim 11, (as best understood by the examiner in light of the 112(b) rejection above) Agarwal et al. as modified by Palayur teaches the water monitoring system that is operable to measure and detect water flows, leaks and consumption patterns within an entire building as recited in claim 8, wherein the at least one second sensor assembly (i.e. the second of 102) is operable to utilize a humidity reading [0034] from the environmental sensor (110n) in an event of an alarm generated by the at least one second sensor assembly (i.e. the second 102 and the data is feed into the server and processed such that a virtual sensor will generate an alarm based on the collected, processed data) and upon the humidity being averaged the alarm is identified as a priority (as Agarwal et al. teaches the reading is sent a machine learning module, which is capable of averaging the data, insofar as what is structurally recited and what is understood by the examiner, the system will set the alarm as a priory in the sense that it shuts down an element causing the alarm; [0069]).
With respect to claim 12, Agarwal et al. teaches in Fig. 1A the water monitoring system that is operable to measure and detect water flows, leaks and consumption patterns within an entire building as recited in claim 8, wherein the at least one first sensor assembly (i.e. the first of 102) further includes a power supply (i.e. battery; [0041]), wireless communication antennae [0071] and memory module (125; Fig. 5) operably coupled to the processing module (as seen in Fig. 5) of the at least one first sensor assembly (i.e. the first of 102).
With respect to claim 13, Agarwal et al. teaches in Fig. 1A the water monitoring system that is operable to measure and detect water flows, leaks and consumption patterns within an entire building as recited in claim 8, wherein the at least one second sensor assembly (i.e. the second of 102) further includes a power supply (battery; [0041]), wireless communication antennae [0071] and memory module (125; Fig. 5) operably coupled to the processing module (as seen in Fig. 5) of the at least one second sensor assembly (i.e. the second of 102).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agarwal et al. (2018/0306609) in view of Palayr (2011/0035063), as applied to claim 1, further in view of Fung-A-Wing et al. (2021/0404907).
With respect to claim 10, Agarwal et al. as modified by Palayur teaches all that is claimed in above rejection in claim 1 but remains silent regarding wherein the at least one second sensor assembly includes a tamper switch, said tamper switch configured to provide notification upon the at least on second sensor assembly being tampered.
Fung-A-Wing et al. teaches a similar system that includes a tamper switch [0008], said tamper switch configured to provide notification upon the at least on second sensor assembly being tampered (i.e. a warning being sent; [0072]).
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to modify the system such that the second sensor assembly includes the tamper switch, as taught by Fung-A-Wing et al., because Fung-A-Wing et al. teaches such a modification allows the system to shut off a water meter when a tamper event occurs [0071], thereby improving the security of the system itself.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agarwal et al. (2018/0306609) in view of Palayur (2011/0035063), as applied to claim 1, further in view of Petite (2003/0067889).
With respect to claim 14, Agarwal et al. teaches all that is claimed in the above rejection of claim 8, but remains silent regarding the at least one first sensor assembly includes an ambient thermistor sensor, said ambient thermistor sensor configured to detect a temperature of an area in which the at least one first sensor assembly is located.
Petite teaches a similar system that includes an ambient thermistor sensor [0047], said ambient thermistor sensor [0047] configured to detect a temperature of an area (i.e. a temperature of a room; [0079]) in which the sensor is located.
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to modify the system such that the first sensor assembly includes the thermistor sensor, as taught by Petite, because Petite teaches such a modification allows for easy integrating into pre-existing systems [0012], thereby improving the security of the system of Agarwal et al. itself.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Guinard et al. (2019/0190739) which teaches a sensing module composed of several sensors for sensing various appliances found within a home.
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/MATTHEW G MARINI/ Primary Examiner, Art Unit 2853