Prosecution Insights
Last updated: April 17, 2026
Application No. 18/395,250

H2O MONITORING FOR ALL

Non-Final OA §102§112
Filed
Dec 22, 2023
Examiner
PLUMB, NIGEL H
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
unknown
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
93%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
609 granted / 670 resolved
+22.9% vs TC avg
Minimal +2% lift
Without
With
+1.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
24 currently pending
Career history
694
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
36.3%
-3.7% vs TC avg
§102
30.7%
-9.3% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 670 resolved cases

Office Action

§102 §112
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(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 2, 12, and 19 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 recites “wherein the plurality of sensors consists of the temperature sensor, the pH sensor and the ORP sensor and claim 12 recites “providing the plurality of sensors consists of providing the temperature sensor, providing the pH sensor, and providing the ORP sensor, however the same limitations are already recited in claim 1 and 11 from which the claims ultimately depend respectively. Claim 19 recites “the method of claim 11 comprising providing at least two of the water quality monitoring device of claim 1, however it is unclear if the claim is ultimately depending from claim 11 or claim 1. Claim 19 is an improper multiple-dependent claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Florida Atlantic University Board Of Trustees WO2023158489 (hereinafter “Florida”). Regarding claim 1, Florida discloses a water quality monitoring device (platform-102a/b, Abstract, Fig 1A-2) comprising: a plurality of sensors (sensing platforms-102a/b includes sensing vehicles 112a/112b that include payload-114a) configured to acquire water quality data from a sample of a body of water (Paragraph 0071), the water quality data including temperature data, pH data, and ORP data (Paragraph 0078), the plurality of sensors including: a temperature sensor configured to acquire the temperature data from the body of water (paragraph 0078); a potential of hydrogen (pH) sensor configured to acquire the pH data from the body of water (paragraph 0078); and an oxidation-reduction potential (ORP) sensor configured to acquire the ORP data from the body of water (paragraph 0078); a transceiver (transceiver-208 connected to antenna -202) configured to wirelessly transmit the water quality data over a communication channel to a server (sensing vehicle 112a/b sends data through wireless communication link-104 to network-106 to various locations such as infratruture-107, farms-120 and computing devices-113 and 116); a memory (memory-204) storing program instructions (Paragraph 0094); one or more processors (logic controller-210 and computing device-232) configured to execute the program instructions stored in the memory (paragraph 0094) and to: operate the plurality of sensors to generate the temperature data, the pH data, and the ORP data of the water quality data (Paragraph 0094); and operate the transceiver to wirelessly transmit the water quality data (Paragraph 0093-0094); a power source (power source-212) configured to provide power to the plurality of sensors, the transceiver, the memory, and the one or more processors (Paragraph 0091 and 0094); and a housing (sealed environemtal housing disclosed in paragraph 0075) containing the memory, the transceiver, the memory, the one or more processors, and the power source. (See Figs 1A-2) Regarding claim 2, Florida discloses the plurality of sensors (sensors-114a) consists of the temperature sensor, the pH sensor, and the ORP sensor. (Paragraph 0078) Regarding claim 3, Florida discloses the memory (memory-204) is configured not to store the water quality data. (Paragraphs 0094 and 0096 disclose overwriting data) Regarding claim 4, Florida disclose the device (system-100) is configured to acquire and wirelessly transmit the water quality data in real time. (Paragraph 0072) Regarding claim 5, Florida discloses the one or more processors (logic controller-210 and computing device-232) are further configured to: operate the plurality of sensors to generate additional water quality data every 10 seconds (paragraphs 0079, 0094, 0116, claim 2), the additional water quality data including additional temperature data, additional pH data, and additional ORP data acquired from an additional sample of the body of water (paragraphs 0073-0074, 0081, 0084); and operate the transceiver (transceiver-208) to immediately transmit the additional water quality data in response to the plurality of sensors generating the additional water quality data (Paragraph 0093). Regarding claim 6, Florida discloses the one or more processors (controller-210 and computing device-232) are further configured to generate an alert (generates a report to output on a display-354, a speaker-352, light emitting diodes-356 or printed report for emergency situations) responsive to determining the temperature data includes a temperature value that exceeds a predetermined range of temperature values, the pH data includes a pH value that exceeds a predetermined range of pH values, and/or the ORP data includes an ORP value that exceeds a predetermined range of ORP values. (Paragraphs 0079-0080, 0082-0085, 0094 and paragraph 0108 discloses generating a notification for emergency situations) Regarding claim 7, Florida discloses the one or more processors (controller-210 and computing device-232) are further configured to: operate the transceiver (transceiver-208) to wirelessly receive additional water quality data from a separate water quality monitor device configured to acquire the additional water quality data from the body of water; combine the water quality data with the additional water quality data; and operate the transceiver to transmit (transmit data to the network through antenna-202) the combined water quality data over the communication channel to the server. (Paragraphs 0079-0080, 0084, 0093-0094 disclose combining multiple platforms-102a/b data and transmitting the data for analysis using machine learning) Regarding claim 8, Florida discloses a renewable power generator (energy harvester-214) coupled to the water quality monitoring device and configured to provide renewable power to the power source (power source-212), wherein the renewable power generator includes one or more photovoltaic panels, one or more wind turbines, and/or one or more hydroelectric generators. (Paragraphs 0091 and 0094) Regarding claim 9, Florida discloses the transceiver (transceiver-208) is further configured to communicate using a Wi-Fi communication protocol. (Paragraphs 0079, 0090, 0115) Regarding claim 10, Florida discloses a water monitoring system (Sensing platform and infrastructure-100a/b) comprising: at least two of the water quality monitoring device of claim 1 (Paragraph 0084 discloses a multi-area/farm framework) including a first water quality monitoring device (sensing platforms 102a/b, paragraph 0084) and a second water quality monitoring device (sensing platforms-102a/b, paragraph 0084), the first water quality monitoring device configured to acquire first water quality data from a first location in the body of water and transmit the first water quality data over the communication channel to the server (Paragraph 0084 discloses each platform-102 includes a transceiver-208 is assigned to a coverage area), the second water quality monitoring device configured to acquire second water quality data from a second location (Paragraph 0084 discloses each platform-102 includes a transceiver-208 is assigned to a coverage area) in the body of water and transmit the second water quality data over the communication channel to the server. (Paragraphs 0078-0084) Regarding claim 11, Florida discloses a method of monitoring a body of water (Abstract, 0089, 0104-0105,0107), the method comprising: providing a water quality monitoring device (Sensing platform-102a/b) including: a plurality of sensors (payload-114a) including: a temperature sensor; a potential of hydrogen (pH) sensor; and an oxidation-reduction potential (ORP) sensor (paragraph 0078); a transceiver (transceiver-208); a memory (memory-204) storing program instructions (paragraphs 0094); one or more processors (logic controller-210 and computing device-232) configured to execute the program instructions stored in the memory; a power source (power source-212); and a housing (sealed environmental housing disclosed in paragraph 0075) containing the transceiver, the memory, the one or more processors, and the power source (See Figs 1A-2); establishing, by the one or more processors, a communication channel between the transceiver and a server (Paragraph 0079); submerging the temperature sensor, the pH sensor, and the ORP sensor into the body of water (Paragraphs 0079 and 0094); operating, by the one or more processors, the plurality of sensors to acquire water quality data from a sample of the body of water (Paragraphs 0072-0073), the water quality data including temperature data acquired with the temperature sensor, pH data acquired with the pH sensor, and ORP data acquired with the ORP sensor (Paragraphs 0071, 0078, 0086); and operating, by the one or more processors, the transceiver to wirelessly transmit (transceiver-208 transmits data through antenna to the network-106 which sends the data to multiple devices on the network, See Fig 1A-2) the water quality data over the communication channel to the server (Paragraphs 0079, 0090). Regarding claim 12, Florida discloses providing the plurality of sensors (payload-114a) consists of providing the temperature sensor, providing the pH sensor, and providing the ORP sensor. (Paragraph 0078) Regarding claim 13, Florida discloses the memory is programmed not to store the water quality data. (Paragraphs 0094 and 0096 disclose overwriting data) Regarding claim 14, Florida discloses acquiring and wirelessly transmitting the water quality data in real time. (Paragraph 0072) Regarding claim 15, Florida discloses generating (logic controller-210 and computing device-232) additional water quality data every 10 seconds (paragraphs 0079, 0094, 0116, claim 2), the additional water quality data including additional temperature data, additional pH data, and additional ORP data acquired from an additional sample of the body of water (paragraphs 0073-0074, 0081 and 0084); and immediately transmitting the additional water quality data in response to the plurality of sensors generating the additional water quality data (Paragraph 0093). Regarding claim 16, Florida discloses generating (controller-210 and computing device-232) an alert (generates a report to output on a display-354, a speaker-352, light emitting diodes-356 or printed report for emergency situations) responsive to determining the temperature data includes a temperature value that exceeds a predetermined range of temperature values, the pH data includes a pH value that exceeds a predetermined range of pH values, and/or the ORP data includes an ORP value that exceeds a predetermined range of ORP values. (Paragraphs 0079-0080, 0082-0085, 0094 and paragraph 0108 discloses generating a notification for emergency situations) Regarding claim 17, Florida discloses wirelessly (controller-210 and computing device-232 transmit data through transceiver-208 connected to antenna -202) receiving additional water quality data from a separate water quality monitor device configured to acquire the additional water quality data from the body of water; combining the water quality data with the additional water quality data; and transmitting the combined water quality data over the communication channel to the server. (Paragraphs 0079-0080, 0084, 0093-0094 discloses combining multiple platforms-102a/b data and transmitting the data for analysis using machine learning) Regarding claim 18, Florida discloses the wireless protocol is a Wi-Fi communication protocol. (Paragraphs 0079, 0090, 0115) Regarding claim 19, Florida discloses providing at least two of the water quality monitoring device of claim 1 including a first water quality monitoring device and a second water quality monitoring device (Sensing platform and infrastructure-100a/b includes multiple sensing platforms-102a/b, paragraph 0084), the first water quality monitoring device acquiring first water quality data from a first location in the body of water and transmitting the first water quality data over the communication channel to the server (Paragraph 0084), the second water quality monitoring device acquiring second water quality data from a second location in the body of water and transmitting the second water quality data over the communication channel to the server (Paragraphs 0078-0084) Regarding claim 20, Florida discloses establishing the communication channel between the transceiver (transceiver-208) and the server (Network-106 connects the various devices to the servers of the farm-120, the computer devices-116 and the infastructure-107) comprises the server hosting a publicly accessible website that displays the temperature data, the pH data, and the ORP data in real time (Paragraph 0072 and Paragraph 0082 which discloses using a web browser based interface to display and output data in real time). Conclusion The prior art as cited on the PTO-892 is made of record and not relied upon but considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIGEL H PLUMB whose telephone number is (571)272-8886. The examiner can normally be reached Monday-Friday 7am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (USA or CANADA) or 571-272-1000. /NIGEL H PLUMB/Examiner, Art Unit 2855 /Eric S. McCall/Primary Examiner, Art Unit 2855
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Prosecution Timeline

Dec 22, 2023
Application Filed
Dec 22, 2025
Non-Final Rejection — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
93%
With Interview (+1.7%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 670 resolved cases by this examiner. Grant probability derived from career allow rate.

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