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 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 14 is 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.
The claim discloses a second smart water valve downstream of the smart water valve device and controls a water valve. It is not clear if the water valve is associated to the second smart water valve or smart water valve (disclosed in claim 1). Clarification is required.
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 (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 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.
Claim(s) 1 – 5, 15, 19, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zeier et al (US 2002/0140233).
Zeier et al discloses, regarding,
Claim 1, An apparatus comprising: a smart water valve device comprising: a controller 290; a water valve 110 configured to regulate water flow from a pressurized water source and configured to be operated by the controller [0024]; and a battery 260 configured to power the controller [0028]; and an energy-generating device 160 configured to charge the battery 260 based on the water flow from the pressurized water source (see abstract).
Claim 2, the energy-generating device is downstream of the water valve (see Fig. 1).
Claim 3, the smart water valve device further comprises the energy-generating device (see Fig. 1).
Claim 4, the energy-generating device is external to the smart water valve device (see Fig. 1).
Claim 5, the energy-generating device comprises: a turbine 103 downstream of the water valve 110, wherein, when the water valve is at least partially open, the water flow from the pressurized water source causes movement at the turbine 103; and a generator 160 configured to generate electricity that charges the battery based on the movement at the turbine [0024].
Claim 15, A method for use in connection with an apparatus comprising a smart water valve device and an energy-generating device, wherein the smart water valve device comprises (i) a controller, (ii) a water valve configured to regulate water flow from a pressurized water source and configured to be operated by the controller, and (iii) a battery configured to power the controller, wherein the energy-generating device is configured to charge the battery based on the water flow from the pressurized water source, the method comprising: operating, by the controller, the water valve to regulate the water flow from the pressurized water source; and charging, by the energy-generating device, the battery based on the water flow from the pressurized water source (the method is disclosed mutatis mutandis; see rejection for claim 1 above).
Claim 19, the energy-generating device comprises: a turbine 103, wherein, when the water valve 110 is at least partially open, the water flow from the pressurized water source causes movement at the turbine 103; and a generator 160 configured to generate electricity that charges the battery based on the movement at the turbine [0024].
Claim 20, A non-transitory computer-readable medium comprising instructions that, when executed by a processor, causes an apparatus to perform a set of operations, wherein the apparatus comprises a smart water valve device and an energy-generating device, wherein the smart water valve device comprises (i) a controller, (ii) a water valve configured to regulate water flow from a pressurized water source and configured to be operated by the controller, and (iii) a battery configured to power the controller, wherein the energy-generating device is configured to charge the battery based on the water flow from the pressurized water source, and wherein the set of operations comprises: operating, by the controller, the water valve to regulate the water flow from the pressurized water source; and charging, by the energy-generating device, the battery based on the water flow from the pressurized water source (see rejection for claim 1 above).
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeier et al in view of Casella et al (US 2006/0245467).
Zeier et al discloses all of the elements above. However, Zeier et al does not disclose the elements below.On the other hand, Casella et al discloses, regarding,
Claim 6, the energy-generating device comprises a piezoelectric material downstream of the water valve, wherein, when the water valve is at least partially open, the water flow from the pressurized water source applies mechanical pressure to the piezoelectric material, and wherein the piezoelectric material is configured to generate electricity that charges the battery based on the mechanical pressure (see Fig. 11, paragraphs 0053, 0055, 0056).
It would have been obvious before the effective filing date of the claimed invention to design the apparatus as disclosed by Zeier et al and to modify the invention per the limitations disclosed by Casella et al for the purpose of efficiently detecting a water leak in a building.
Claim(s) 7, 9, 11, 14, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeier et al in view of Re (US 2012/0086204).
Zeier et al discloses all of the elements above. However, Zeier et al does not disclose the elements below.On the other hand, Re discloses, regarding,
Claim 7, the controller is configured to generate a control signal to at least partially open the water valve, and wherein the energy-generating device charges the battery based on the water flow in response to at least partially opening the water valve (see Fig. 1, 2, 10; paragraphs 0014, 0037, 0054, 0058 – 0061).
Claim 9, the controller is further configured to monitor a remaining battery life associated with the battery, and wherein the control signal is generated in response to the remaining battery life failing to satisfy a threshold level (paragraphs 0052, 0053).
Claim 11, control signal is generated periodically (see Fig. 4, 5).
Claim 14, the controller is further configured to: monitor a remaining battery life of the smart water valve device; and generate a control signal to at least partially open the water valve in response to a determination that the remaining battery life (paragraphs 0052, 0053) associated with the second battery fails to satisfy a threshold level, wherein the water flow from the pressurized water source travels downstream to the second smart water valve device in response to at least partially opening the water valve (see Fig. 1, 2, 10; paragraphs 0014, 0037, 0054, 0058 – 0061).
It is noted that mentioning a device with a second battery associated with a second smart water valve device that is downstream would have been easily attenable for someone having ordinary skill in the art since it has been held that mere duplication of the essential working parts (second smart water valve) of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim 17, monitoring, by the controller, a remaining battery life associated with the battery; and generating, by the controller, a control signal to at least partially open the water valve in response to the remaining battery life failing to satisfy a threshold level (paragraphs 0052, 0053).
It would have been obvious before the effective filing date of the claimed invention to design the apparatus as disclosed by Zeier et al and to modify the invention per the limitations disclosed by Re for the purpose of optimizing the power generated by a hydroelectric generator.
Claim(s) 8, 13, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeier et al and Re as applied to claims 1, 7, 15 above, and further in view of Saberi et al (US 2011/0066297).
The combined device/method discloses all of the elements above. However, the combined device/method does not disclose the elements below.On the other hand, Saberi et al discloses, regarding,
Claim 8, the controller is further configured to monitor a wireless data communication channel for at least one data packet that includes a command to at least partially open the water valve, and wherein the control signal is generated in response to detecting the at least one data packet (Fig. 3; 0023, 0024).
Claim 13, the energy-generating device is further configured to: power emergency lights based on the water flow from the pressurized water source; or power an alarm system based on the water flow from the pressurized water source (Fig 16E; 0052, 0101, 0102, 0184, 0256, 0270, 0271).
Claim 16, monitoring, by the controller, a wireless data communication channel for at least one data packet that includes a command to at least partially open the water valve; and generating, by the controller, a control signal to at least partially open the water valve in response to detecting the at least one data packet (Fig. 3; 0023, 0024).
It would have been obvious before the effective filing date of the claimed invention to design the combined apparatus/method as disclosed above and to modify the invention per the limitations disclosed by Saberi et al for the purpose of efficiently monitoring distribution networks.
Claim(s) 10, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeier et al and Re as applied to claims 1, 7, 15 above, and further in view of Brown (US 2008/0283129).
The combined device/method discloses all of the elements above. However, the combined device/method does not disclose the elements below.On the other hand, Brown discloses, regarding,
Claim 10, the controller is further configured to monitor an elapsed time since the water valve was at least partially opened, and wherein the control signal is generated in response to the elapsed time exceeding an elapsed time limit (see Fig. 1; paragraphs 0015, 0038).
Claim 18, monitoring, by the controller, an elapsed time since the water valve was at least partially opened; and generating, by the controller, a control signal to at least partially open the water valve in response to the elapsed time exceeding an elapsed time limit (see Fig. 1; paragraphs 0015, 0038).
It would have been obvious before the effective filing date of the claimed invention to design the combined apparatus/method as disclosed above and to modify the invention per the limitations disclosed by Brown for the purpose of reducing unwanted turbulence in a water pipe.
Allowable Subject Matter
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The cited prior art of record fails to disclose the leak determination as specifically described in the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Julio C. Gonzalez whose telephone number is (571)272-2024. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abdullah Riyami can be reached at 5712703119. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Julio C. Gonzalez/
Primary Examiner
Art Unit 2831
July 16, 2026
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