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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 22, 2026 has been entered.
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.
Claims 1-2 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2019/0101522 (Radjy) in view of ES 2363233 (Jilg et a.) and U.S. Patent Application Publication 2018/0375444 (Gamroth).
With regards to claim 1, Radjy discloses a system for providing information related to a flooring material comprising, as illustrated in Figures 1-50 (namely Figure 23B), an apparatus 100,2300 (e.g. sensor; Figures 2,23B) for detecting mechanical impact on a flooring material 925,2310 (e.g. concrete floor; paragraph [0153] to [0155]); the apparatus comprising a case 110 (e.g. housing; Figure 2) to be installed into and secured within an underside cavity (e.g. an open area to position the case as observed in Figure 9) in a piece of the flooring material (e.g. paragraphs [0116]; Figures 9,23B); the case 110 further configured to define (a) a sensed volume 120,230 (e.g. the hole and the tube form the sensed volume; paragraph [0107]; Figure 2) exposed to an underside of the flooring material (e.g. paragraph [0107]) and (b) a case-bottom opening 3075 (e.g. Figure 30A illustrates the bottom portion 3005 of the case includes an opening) exposed to an understructure 2320 (e.g. rubber or another material; paragraph [0155]; Figure 23B) beneath the flooring material; a circuit board 240 (e.g. PCB; Figure 2) having a top (e.g. bottom surface) and a bottom (e.g. top surface) and being secured in the case (e.g. Figure 2); the circuit board 240 including an accelerometer 248 (e.g. plurality of sensor elements can be an acceleration sensor or a motion sensor; paragraphs [0106],[0159],[0231]; Figure 2) mounted on the circuit board configured to measure acceleration of the flooring material (e.g. generate motion data and acceleration data; paragraph [0231]); a first humidity sensor 255 (e.g. humidity sensor; paragraph [0106]; Figure 2) and a first temperature sensor 248 (e.g. plurality of sensor elements can be a temperature sensor; paragraphs [0106],[0159]; Figure 2) each mounted on the top of the circuit board thereby positioning the first humidity sensor and the first temperature sensor to sense humidity and temperature conditions within the sensed volume (e.g. paragraphs [0112] to [0114]); a radio transmitter 249 (e.g. transceiver includes antenna capable of sending and receiving data via wireless communication to a remote device; paragraphs [0106],[0166],[0220]; Figure 2) configured to transmit acceleration, humidity and temperature therefrom; thereby providing a remote indication of movement (e.g. motion data and acceleration data; paragraph [0231]) of the flooring material and separate measurements of both humidity and temperature in the flooring material and below the flooring material (e.g. displaying information to user; paragraph [0233]). (See, paragraphs [0101] to [0253]).
The only differences between the prior art and the claimed invention are: 1) a second humidity sensor and a second temperature sensor each mounted on the bottom of the circuit board thereby positioning the second humidity sensor and the second temperature sensor to sense temperature and humidity conditions above the understructure beneath the flooring material; 2) the case to be installed into and secured within a preformed underside cavity in a piece of the flooring material; 3) the accelerometer configured to measure acceleration indicating the presence of human activity.
For differences 1) and 2), Jilg et al. discloses a system for detecting environmental parameters for floor coverings comprising, as illustrated in Figures 1-5 (namely Figure 4), an apparatus (e.g. detection installation; Figures 2-4) for detecting mechanical impact on a flooring material 10 (e.g. wooden element floor; Figures 3-4) comprising a case 1 (e.g. observed in Figures 3-4) configured to be installed into and secured within a preformed underside cavity 19,21 (e.g. recess with bore are formed beforehand in the flooring material where the detection case is located in the recess cavity as observed in Figure 4; paragraph [0077]) of a piece of the flooring material; the case 1 configured to define (a) a sensed volume exposed to an underside of the flooring material (e.g. the open area within the cavity 19 where sensors 2,5 are arranged is considered as this sensed volume in Figure 4) and (b) a case-bottom opening (e.g. surface of the case 1 facing upper surface 23 of the floor is considered as this case-bottom opening; paragraph [0078]; Figure 4) exposed to an understructure 18 (e.g. useful layer; paragraph [0077]; Figure 4) beneath the flooring material; a circuit board (e.g. common integrated circuit not labeled but observed in Figure 2; paragraph [0041]) having a top (e.g. bottom surface) and a bottom (e.g. top surface) and being secured in the case (e.g. Figures 3-4); the circuit board including a first humidity sensor 5 (e.g. humidity sensor; paragraph [0071]; Figure 4) and a first temperature sensor 2 (e.g. temperature sensor; paragraph [0069]; Figure 4) each mounted on the top of the circuit board thereby positioning the first humidity sensor and the first temperature sensor to sense humidity and temperature conditions within the sensed volume (e.g. paragraphs [0037],[0038],[0069], [0071]; Figure 4)]; a second humidity sensor 22 (e.g. paragraph [0078]; Figure 4) and a second temperature sensor 22 (e.g. paragraph [0078]; Figure 4) each mounted on the bottom of the circuit board thereby positioning the second humidity sensor and the second temperature sensor to sense temperature and humidity conditions above the understructure beneath the flooring material within the bore region 21 of the cavity 19,21 (e.g. paragraphs [0037],[0038],[0078]; Figure 4); a radio transmitter 4,14 (e.g. antenna and receiver; paragraphs [0069],[0076]; Figure 2,3) configured to receive acceleration data from the accelerometer and transmit the data therefrom; thereby providing remote indication 15 (e.g. display; paragraph [0076]) of separate measurements of both humidity and temperature in the flooring material and below the flooring material (e.g. displaying information to user). (See, paragraphs [0001] to [0104] of translation). It should be noted that Jilg et al. discloses measuring two different temperatures (e.g. by first and second temperature sensors 2,22; Figure 4) and two different humidity (e.g. by first and second humidity sensors 5,22; Figure 4) at two different cavity locations (e.g. first cavity location 19 and second cavity location 21; Figure 4)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing a second humidity sensor and a second temperature sensor each mounted on the bottom of the circuit board thereby positioning the second humidity sensor and the second temperature sensor to sense temperature and humidity conditions above the understructure beneath the flooring material as suggested by Jilg et al. to the system of Radjy to have the ability to provide environmental parameters, like humidity and temperature, both above and beneath the flooring material to prevent damage and prolong the service life of the flooring material (See, paragraph [0061] of Jilg et al.). At the same time, to have set such structural characteristics to employ a second temperature sensor and a second humidity sensor is considered to have been a matter of choice possibilities to duplicate parts for multiplied effect and to shift location o parts [NOTE: St. Regis Paper Co. v. Bemis Co., Inc., 193 USPQ 8, 11 (7th Cir. 1977) and In re Japikse, 86 USPQ (CCPA 195)] to the operator and/or manufacturer that would have been obvious to an artisan of ordinary skill in the art before the effective filing date of the claimed invention to obtain multiple temperature and humidity measurements at different locations to provide a better and efficient system to monitor the service life of the flooring material without departing from the scope of the invention.
At the same time, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing the case to be installed into and secured within a preformed underside cavity in a piece of the flooring material as suggested by Jilg et al. to the system of Radjy to have the ability to provide efficiency, cost-saving, and time-saving when installing the case within the preformed cavity since the preformed cavity is formed beforehand and no cutting and/or forming of the cavity is necessary during installation.
For difference 3), Gamroth discloses comprising, as illustrated in Figures 1-11, an apparatus 504a-504f (e.g. vibration sensor units; paragraphs [0087]; Figures 5,6A,7A,8) for detecting mechanical impact on a flooring material 706 (e.g. floor; Figures 3-4) is installed into and secured within the flooring material (e.g. paragraph [0098]) comprising an accelerometer (e.g. accelerometers like vibration sensor 1 and vibration sensor 2; paragraphs [0036],[0093]; Figures 6A,6B) configured to measure acceleration indicating the presence of human activity (e.g. walking, running, crawling of an human occupant; paragraphs [0095],[0098],[0106]). (See, paragraphs [0036] to [0139]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing the accelerometer configured to measure acceleration indicating the presence of human activity as suggested by Gamroth in lieu of the accelerometer in the system of Radjy to have the ability to indicate an occupant entering or exiting in a particular region and to classify the occupant and type of movement of the occupant. (See, paragraphs [0095],[0098],[0106] of Gamroth).
With regards to claim 2, Radjy further implicitly disclose the accelerometer is configured to detect vertical acceleration (e.g. jarring movement, like dropping of the sensor device; paragraphs [0189],[0233]).
With regards to claim 7, Radjy further discloses the circuit board 240 includes a computer processor 2201 which is programmable (e.g. paragraphs [0130],[0147]; Figure 22).
With regards to claim 8, Radjy does not disclose the first humidity sensor and the first temperature sensor form a first combined humidity/temperature sensor and the second humidity sensor and the second temperature sensor form a second combined humidity/temperature sensor. However, to have set such structural arrangement and configuration as claimed is a well-known concept in the art and is considered to have been a matter of choice possibilities to the operator or manufacturer to combined humidity/temperature sensors without departing from the scope of the invention and without changing and/or altering the operation and/or performance of the combined humidity/temperature sensors, namely to have the ability to measure temperature and humidity. Furthermore, to form several parts, like the temperature sensor and the humidity sensor, together a single integral unit would be merely a matter of obvious engineering choice [Note: In re Larson, 144 USPQ 347 (CCPA 1965); In re Fridolph, 50 CCPA 745, 89 F.2d 509, 135 USPQ 139; In re Lockhart, 90 USPQ 214 (CCPA 1951); Howard v. Detroit Stove Works, 150 U.S. 164 (1893)].
Response to Amendment
Applicant’s arguments with respect to claims 1-2 and 7-8 have been considered but are moot in view of the new ground(s) of rejection and/or 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.
Conclusion
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/HELEN C KWOK/Primary Examiner, Art Unit 2855