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 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 7-8 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Barton et al. (US 2017/0255189) (hereinafter Barton) in view of Caira et al. (US 11638313) (hereinafter Caira).
Regarding claim 1, Barton teaches a method for commissioning a sensor, the method comprising:
sending a sleep mode signal (low-power/standby mode) to control means (microcontroller) (52) of the sensor (sensors) (54, 66,64) to switch the sensor in a sleep mode (see paragraph 0087),
installing the sensor (sensors) (54, 66,64) in sleep mode in an area in which the sensor measures a value (see paragraph 0004-0007, 0024, 0035, 0057, 0067, 0071 and 0087),
sending a start signal (wake-up signal) to the control means (microprocessor) (52) of the sensor (sensors) (54, 66, 67) when the sensor in sleep mode is installed in the area (see paragraph 0004-0007, 0022, 0024, 0035, 0067, 0071 and 0087), and
starting the sensor (sensors) (54, 66, 67) at the reception of the start signal (wake-up signal) by the control means (microprocessor) (52) of the sensor (see paragraphs 0022, 0053 and 0086-0088). Barton further teaches establishing a wireless communication protocol including Bluetooth, ZigBee or over a cellular network for the sensors to transmit information (see paragraph 0089).
However, Barton does not explicitly teach storing connection parameters in a memory of the sensor, installing the sensor in sleep mode in an area in which the sensor measures a value when the connection parameters are stored in the memory of the sensor.
Caira teaches storing connection parameters in a memory (memory) (104) of the sensor (computing device) (see column 4, lines 34-55) (Note: the combination of Barton in view of Caira will provide storing connection parameters in a memory of the sensor, installing the sensor in sleep mode in an area in which the sensor measures a value when the connection parameters are stored in the memory of the sensor).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Barton with storing connection parameters in a memory of the sensor as taught by Caira to provide storing connection parameters in a memory of the sensor, installing the sensor in sleep mode in an area in which the sensor measures a value when the connection parameters are stored in the memory of the sensor. One would be motivated to make this combination in order to eliminate unwanted wireless connection with the sensors.
Regarding claim 2, Barton in view of Caira teaches all the limitations of claim 1, and Barton further teaches wherein sending a start signal (wake-up signal) to the control means (microprocessor) (52) of the sensor comprises tagging (unique identifier) the sensor in sleep mode with a device (system to monitor a process or equipment) (see paragraph 0029, 0041-0042, 0046 and 0068-0071).
Regarding claim 7, Barton teaches a sensor comprising:
a memory (memory) (see paragraph 0085),
a control means (microcontroller) (52) configured to:
switch the sensor in a sleep mode (low-power/standby mode) and when receiving a sleep mode signal (low-power/standby mode) (see paragraph 0004-0007, 0024, 0035, 0057, 0067, 0071 and 0087), and starting the sensor (sensors) (54, 66, 67) at the reception of the start signal (wake-up signal) by the control means (microprocessor) (52) of the sensor (see paragraphs 0022, 0053 and 0086-0088). Barton further teaches establishing a wireless communication protocol including Bluetooth, ZigBee or over a cellular network for the sensors to transmit information (see paragraph 0089).
However, Barton does not explicitly teach a control means configured to: store in the memory connection parameters, switch the sensor in a sleep mode when connection parameters are stored in the memory.
Caira teaches a control means (processor) (106) configured to: store connection parameters in a memory (memory) (104) of the sensor (computing device) (see column 4, lines 34-55) (Note: the combination of Barton in view of Caira will provide a control means configured to: store in the memory connection parameters, switch the sensor in a sleep mode when connection parameters are stored in the memory).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the control means as taught by Barton being configured to: store in the memory connection parameters as taught by Caira to provide a control means configured to: store in the memory connection parameters, switch the sensor in a sleep mode when connection parameters are stored in the memory. One would be motivated to make this combination in order to eliminate unwanted wireless connection with the sensors.
Regarding claim 8, Barton in view of Caira teaches all the limitations of claim 7, and further teaches communication means (communications interface) (818) configured to receive and deliver to the control means (processor) (106) the connection parameters, the sleep mode signal, and the start signal (see Caira; column 4, line 14 through column 5, line 11 and column 12, lines 16-36).
Regarding claim 9. Barton in view of Caira teaches all the limitations of claim 8, and further teaches communication means (communications interface) (818) are configured to communicate with a NFC device delivering the start signal (see Caira; column 12, lines 16-36).
Regarding claim 11, Barton in view of Caira teaches all the limitations of claim 7, Barton further teaches the sensor is ATEX certified (ATEX rated) (see paragraph 0104).
Regarding claim 12, Barton in view of Caira teaches further teaches an area comprising a sensor according to claim 7 (see Barton, paragraph 0071).
Claims 3-6, 10 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Barton in view of Caira in further in view of Kagan et al. (US 2013/0205022) (hereinafter Kagan)
Regarding claim 3, Barton in view of Caira teaches all the limitations of claim 1, and further teaches wherein starting the sensor comprises: checking by the control means (processors) (106) if the connection parameters are stored in the memory (memory) (104) of the sensor, and if the connection parameters are stored in the memory (memory) establishing a connection between the control means (processor) (106) of the sensor and transferring data via a communication network (see Caira, column 4, lines 34-67).
However, Barton in view of Caira does not explicitly teach a gateway to transfer measurement measured by measurement means of the sensor.
Kagan teaches a gateway (“Field Programmable Gate Array 80 which performs a number of functions, including, but not limited to, acting as a communications gateway” see paragraph 0042) to transfer measurement measured by measurement means of the sensor (sensors) (12) (see paragraph 0042).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by the prior combination with a gateway to transfer measurement measured by measurement means of the sensor as taught by Kagan to establish a connection between the control means of the sensor and a gateway to transfer measurement measured by measurement means of the sensor. One would be motivated to make this combination in order to provide a fast, secure and reliable way to transfer the measurement data as known in the art.
Regarding claim 4, the prior combination teaches all the limitations of claim 3, Barton further teaches the area is an ATEX area (explosive environments), the sensor being ATEX certified (ATEX rated) (see paragraph 0104).
Regarding claim 5, Barton in view of Caira teaches all the limitations of claim 2, and further teaches wherein starting the sensor comprises: checking by the control means (processors) (106) if the connection parameters are stored in the memory (memory) (104) of the sensor, and if the connection parameters are stored in the memory (memory) (104) establishing a connection between the control means (processor) (106) of the sensor and transferring data via a communication network (see Caira, column 4, lines 34-67).
However, Barton in view of Caira does not explicitly teach a gateway to transfer measurement measured by measurement means of the sensor.
Kagan teaches a gateway (“Field Programmable Gate Array 80 which performs a number of functions, including, but not limited to, acting as a communications gateway” see paragraph 0042) to transfer measurement measured by measurement means of the sensor (sensors) (12) (see paragraph 0042).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by the prior combination with a gateway to transfer measurement measured by measurement means of the sensor as taught by Kagan to establish a connection between the control means of the sensor and a gateway to transfer measurement measured by measurement means of the sensor. One would be motivated to make this combination in order to provide a fast, secure and reliable way to transfer the measurement data as known in the art.
Regarding claim 6, the prior combination teaches all the limitations of claim 5, Barton further teaches the area is an ATEX area (explosive environments), the sensor being ATEX certified (ATEX rated) (see paragraph 0104).
Regarding claim 10, Barton in view of Caira teaches all the limitations of claim 7, and further teaches the control means (processor) (106) are configured during starting of the sensor to: check if the connection parameters are stored in the memory (memory) (104) of the sensor, and if the connection parameters are stored in the memory (memory) (104) establishing a connection between the control means (processor) (106) of the sensor and transferring data via a communication network (see Caira, column 4, lines 34-67).
However, Barton in view of Caira does not explicitly teach a gateway to transfer measurement measured by measurement means of the sensor.
Kagan teaches a gateway (“Field Programmable Gate Array 80 which performs a number of functions, including, but not limited to, acting as a communications gateway” see paragraph 0042) to transfer measurement measured by measurement means of the sensor (sensors) (12) (see paragraph 0042).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the control means as taught by the prior combination with a gateway to transfer measurement measured by measurement means of the sensor as taught by Kagan and establishing a connection between the control means of the sensor and a gateway to transfer measurement measured by measurement means of the sensor. One would be motivated to make this combination in order to provide a fast, secure and reliable way to transfer the measurement data as known in the art.
Regarding claim 13, Barton in view of Caira teaches all the limitations of claim 8, and further teaches the control means (processor) (106) are configured during starting of the sensor to: check if the connection parameters are stored in the memory (memory) (104) of the sensor, and if the connection parameters are saved in the memory (memory) (104), establishing a connection between the control means (processor) (106) of the sensor and transferring data via a communication network (see Caira, column 4, lines 34-67).
However, Barton in view of Caira does not explicitly teach a gateway to transfer measurement measured by measurement means of the sensor.
Kagan teaches a gateway (“Field Programmable Gate Array 80 which performs a number of functions, including, but not limited to, acting as a communications gateway” see paragraph 0042) to transfer measurement measured by measurement means of the sensor (sensors) (12) (see paragraph 0042).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the control means as taught by the prior combination with a gateway to transfer measurement measured by measurement means of the sensor as taught by Kagan and establishing a connection between the control means of the sensor and a gateway to transfer measurement measured by measurement means of the sensor. One would be motivated to make this combination in order to provide a fast, secure and reliable way to transfer the measurement data as known in the art.
Regarding claim 14, Barton in view of Caira and Kagan teaches all the limitations of claim 13, Barton further teaches the sensor is ATEX certified (ATEX rated) (see paragraph 0104).
Regarding claim 15, Barton in view of Caira and Kagan teaches further teaches an area comprising a sensor according to claim 13 (see Barton, paragraph 0071).
Regarding claim 16, Barton in view of Caira teaches all the limitations of claim 9, and further teaches the control means (processor) (106) are configured during starting of the sensor to: check if the connection parameters are stored in the memory (memory) (104) of the sensor, and if the connection parameters are saved in the memory (memory) (104), establishing a connection between the control means (processor) (106) of the sensor and transferring data via a communication network (see Caira, column 4, lines 34-67).
However, Barton in view of Caira does not explicitly teach a gateway to transfer measurement measured by measurement means of the sensor.
Kagan teaches a gateway (“Field Programmable Gate Array 80 which performs a number of functions, including, but not limited to, acting as a communications gateway” see paragraph 0042) to transfer measurement measured by measurement means of the sensor (sensors) (12) (see paragraph 0042).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the control means as taught by the prior combination with a gateway to transfer measurement measured by measurement means of the sensor as taught by Kagan and establishing a connection between the control means of the sensor and a gateway to transfer measurement measured by measurement means of the sensor. One would be motivated to make this combination in order to provide a fast, secure and reliable way to transfer the measurement data as known in the art.
Regarding claim 17, Barton in view of Caira and Kagan teaches all the limitations of claim 16, Barton further teaches the sensor is ATEX certified (ATEX rated) (see paragraph 0104).
Regarding claim 18, Barton in view of Caira and Kagan teaches further teaches an area comprising a sensor according to claim 16 (see Barton, paragraph 0071).
Conclusion
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/JANICE M SOTO/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855