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 .
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 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.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 01/09/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the Examiner.
Drawings
The drawings are objected to because unlabeled non-descriptive representations are impermissible under 37 CFR 1.83(a) which states (bold for emphasis):
(a) The drawing in a nonprovisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box). In addition, tables that are included in the specification and sequences that are included in sequence listings should not be duplicated in the drawings.
Element(s) 35 of fig. 2, 3 of fig. 3, 31, 32, 33, 34, 35, & 36 of fig. 4, and 33 & 34 of fig. 6 need appropriate legends in the form of descriptive text labels in addition to any reference characters already present. Empty or not labeled rectangular boxes and non-descriptive representations of features are not descriptive, and therefore incomplete. The descriptive text labels should contain as few words as possible. See also 37 CFR 1.84(n) (conventional symbols), 1.84(o) (required descriptive legends), & 1.84(p) (standards for the text labels), and MPEP § 608.02(b)(II)(¶ 6.22) (“descriptive text label”). Appropriate Correction is required.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action.
The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. This may result in slightly longer titles, but the loss in brevity of title will be more than offset by the gain in its informative value in indexing, classifying, searching, etc. If a satisfactory title is not supplied by the applicant, the Examiner may, at the time of allowance, change the title by an Examiner’s amendment. See MPEP § 1302.04(a).
The following title is suggested: “LIQUID BEVERAGE FLOW METER ABLE TO DISTINGUISH AIR”.
Claim Objections
Claim(s) 2-3 and 10 is/are objected to because of the following informalities:
As to claim 10,
MPEP § 608.01(m) requires that each claim must begin with a capital letter and end with a period. In the present case the period is missing from the end of the claim; the Examiner suggests ending the claim with a period. As to claim 2 and claim 3,
each of the respective two limitations appear to be wherein statements, however, Applicant only provided a single wherein for the first respective limitation; the Examiner suggests that either each of the respective two limitations should be preceded by “wherein” or a colon should be included immediately after the single “wherein” (wherein:).
Appropriate correction is required.
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.
Claim(s) 1-5, 7, and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over newly cited Krywyj (WO 2024121551 A1; hereafter “Krywyj”) in view of newly cited Hoyt et al (US 20020129663 A1; hereafter “Hoyt”).
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Regarding independent claim 1,
Krywyj teaches a liquid flow meter (best overall shown in fig. 1, assembly 100) (Title “LOCATION AND FLOW RATE METER”; Abstract) comprising:
a main body (main body of flow meter 106) having a housing (housing of flow meter 106), a partition mounted in the housing (housing of flow meter 106) and dividing a space in the housing (housing of flow meter 106) into a flow guide chamber (fig. 1, chamber 108) and a mounting chamber (chamber of flow processing module 112) ([0020] “an interior cavity of the passageway and an interior cavity of a housing of the fluid flow processing module may be fluidically isolated from one another”; [0045]), and a first tube (fig. 1, pipe 104A) and a second tube (fig. 1, pipe 104B) respectively connected with an upper end (fig. 1, coupling portion 118) and a lower end (fig. 1, coupling portion 120) of the housing (housing of flow meter 106) and both communicating with the flow guide chamber (fig. 1, chamber 108);
a flow detection unit (fig. 1, flow wheel 124) mounted in the flow guide chamber (fig. 1, chamber 108) of the main body (main body of flow meter 106) and including a fan blade (not shown in fig. 1; see fig. 3, cross sectional shapes of holder 321) ([0076] “the holders 319 and 321 may be elongated in an axial direction and may have multilobed cross-sectional shapes in a plane perpendicular to their direction of axial extension. For instance, the cross-sectional shapes may form a quatrefoil, but embodiments are not limited thereto. In some cases, the cross-sectional shapes may be circular, triangular, rectangular, etc.”) and a rotating shaft (fig. 1, shaft 128; fig. 3, shaft 331) disposed on a center of the fan blade (not shown in fig. 1; see fig. 3, cross sectional shapes of holder 321) and provided with at least one end arranged at a chamber wall (wall of chamber 108) of the flow guide chamber (fig. 1, chamber 108); and
a circuit unit (circuitry of flow processing module) mounted in the mounting chamber (chamber of flow processing module 112) of the main body (main body of flow meter 106) and including a circuit board (PCBs; see 305 in fig. 3 and 507 & 517 in fig. 5) ([0077] “Support structure 305 may be a printed circuit board (PCB)”), a processing module (fig. 1, processing module 112), a flow sensing module (fig. 1, flow responsive mechanism 130), and a battery module (charging circuit; see electronic packages 313);
the processing module (fig. 1, processing module 112), the flow sensing module (fig. 1, flow responsive mechanism 130), and the battery module (charging circuit) all electrically connected to the circuit board ([0015] “support structure may be a printed circuit board communicatively connected to either or both of the charging circuit and the fluid flow processing module”; [0075] “charging circuit and stored via, for instance, a rechargeable power source, such as a rechargeable battery, a capacitor, or a combination thereof. In some cases, the charging circuit may be incorporated as part of the one or more electronic packages 313”);
the flow sensing module (fig. 1, flow responsive mechanism 130) connected with and sensing the fan blade (not shown in fig. 1; see fig. 3, cross sectional shapes of holder 321) of the flow detection unit (fig. 1, flow wheel 124) to detect how many times (via counter) the fan blade (not shown in fig. 1; see fig. 3, cross sectional shapes of holder 321) is rotated ([0016] “the flow monitoring module may further include a counter”; [0017] “the counter circuit may be communicatively coupled to the fluid flow processing module; and the fluid flow processing module may be configured to determine the fluid flow data based on information received from the counter circuit”; [0070] “a total volume or mass of fluid flowing through the chamber 208 may be determined by counting or totaling each cycle detection and multiplying this total by the known volume of fluid that flows through the chamber”; [0073] “counter circuit configured to record the rotation count”).
The Examiner notes with respect to the above teachings being shown in different figures, that while the reference does not expressly show all of the above claimed features clearly in a single depicted embodiment as a single figure (the reference instead choosing to structure the disclosure in sections of compatible detailed components), either one of ordinary skill in the art would at once envisaged the
combination from the generic teachings thereof and/or specific possible choices of the structural components
thereof, or, in the alternative, it at least would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to nevertheless so combine the above features for the
purpose and combinations as proposed by said reference and as analyzed by the Examiner
including the citations and/or Examiner comments provided above in reference to the claimed features.
Pertinently, the Examiner further notes that "Combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness", see Boston Scientific Scimed, Inc. v. Cordis Corp., 554 F.3d 982, 991 (Fed. Cir. 2009). Additionally, the Examiner notes that: choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is obvious to try, see MPEP § 2143(I)(E). More particularly, it is Examiner’s position that it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to combine Krywyj’s flow meter cross-sectional shaped (bladed) flow impellor and associated intermediate components (see fig. 3) with Krywyj’s flow meter assembly (see fig. 1) for the expected advantages of providing a specific movement mechanism compatible therewith that conveniently provides a low-power consuming means for counting and aggregating the fluid flowing through the chamber, it further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Krywyj’s processing module components (see fig. 4) with Krywyj’s flow meter assembly (see fig. 1) for the expected routine utility of each of said components including conventional computer processing, memory, counting, communication, and battery/solar power.
Krywyj does not teach items: 1) a liquid beverage flow meter; 2a) a liquid sensing module used for detecting liquid flowing; and 2b) wherein the processing module, the flow sensing module, the liquid sensing module, and the battery module all electrically connected to the circuit board.
Regarding item 1), it has been held that a preamble is denied the effect of a limitation where the claim is drawn to a structure and the portion of the claim following the preamble is a self--contained description of the structure not depending for completeness upon the introductory clause. See MPEP § 2111.02 and Kropa v. Robie, 88 USPQ 478 (CCPA 1951). Additionally, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations, Ex parte Masham, 2 USPQ2d - 164 7 (1987). See MPEP 2144(II). In the present case, it is the Examiner's position that the preamble intended use of utilizing the liquid flow meter for a beverage does not differentiate the claimed apparatus from the prior art apparatus, noting that Krywyj’s apparatus could be used for beverages (see supporting factual evidence that the liquid may be any liquid in [0132]; Examiner also notes that even water could fundamentally be considered a beverage if drank).
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Further regarding item 1) and regarding item 2), Hoyt teaches a liquid beverage flow meter (figs. 5-6, Drink-o-Meter 66) (Title “Electronic Drink-o-Meter (DOM) To Monitor Fluid Intake And Provide Fluid Consumption Guidance”; Abstract) comprising: a main body (main body of fluid monitoring unit 70) having a housing (housing of fluid monitoring unit 70), a partition mounted in the housing (housing of fluid monitoring unit 70) and dividing a space in the housing (housing of fluid monitoring unit 70) into a flow guide chamber (flow path chamber portion for magnetic turbine flow sensor 76) and a mounting chamber (portion of housing of fluid monitoring unit 70 that is external to the flow path), and a first tube (figs. 5-6, tubing 74) and a second tube (figs. 5-6, tubing 68) respectively connected with an upper end and a lower end of the housing (housing of fluid monitoring unit 70) and both communicating with the flow guide chamber (flow path chamber portion for magnetic turbine flow sensor 76); a flow detection unit (fig. 6, magnetic turbine flow sensor 76) mounted in the flow guide chamber (flow path chamber portion for magnetic turbine flow sensor 76) of the main body (main body of fluid monitoring unit 70) and including a fan blade (turbine rotating vane of magnetic turbine flow sensor 76) and a rotating shaft (turbine shaft of magnetic turbine flow sensor 76) disposed on a center of the fan blade (turbine rotating vane of magnetic turbine flow sensor 76); and a circuit unit (circuit portions of fluid monitoring unit 70) mounted in the mounting chamber (portion of housing of fluid monitoring unit 70 that is external to the flow path) of the main body (main body of fluid monitoring unit 70) and including a processing module (fig. 6, programmable microcontroller 94), a flow sensing module (fig. 6, Hall effect sensor 78), a liquid sensing module (air/drink sensing components of fluid monitoring unit 70 comprising gate 84 and comparator 86 and amplifier 88) ([0041]-[0044]), and a power module (fig. 6, voltage generator 90); the processing module (fig. 6, programmable microcontroller 94), the flow sensing module (fig. 6, Hall effect sensor 78), the liquid sensing module (air/drink sensing components of fluid monitoring unit 70 comprising gate 84 and comparator 86 and amplifier 88), and the power module (fig. 6, voltage generator 90) all connected; the liquid sensing module (air/drink sensing components of fluid monitoring unit 70 comprising 80, 84, 86, 88) used for detecting liquid flowing while the flow sensing module (fig. 6, Hall effect sensor 78) connected with and sensing the fan blade (turbine rotating vane of magnetic turbine flow sensor 76) of the flow detection unit (fig. 6, magnetic turbine flow sensor 76) to detect how many times the fan blade (turbine rotating vane of magnetic turbine flow sensor 76) is rotated ([0044] “counting of the Hall effect sensor 78 because the data is now invalid and inaccurate due to the air in the flow path. An accurate count of the Hall effect sensor 78 begins again upon detection of a continuous fluid flow”); wherein the fan blade (turbine rotating vane of magnetic turbine flow sensor 76) of the flow detection unit (fig. 6, magnetic turbine flow sensor 76) is provided with at least one magnet (magnetic portion of magnetic turbine flow sensor 76); wherein the flow sensing module (fig. 6, Hall effect sensor 78) is a Hall element for connecting with and sensing the magnet (magnetic portion of magnetic turbine flow sensor 76) of the fan blade (turbine rotating vane of magnetic turbine flow sensor 76); wherein the liquid sensing module (air/drink sensing components of fluid monitoring unit 70 comprising 80, 84, 86, 88) is arranged adjacent to the first tube (figs. 5-6, tubing 74) or the second tube (figs. 5-6, tubing 68); wherein the circuit unit includes a display module (display module portion for LED display 106); wherein the main body (main body of fluid monitoring unit 70) is in a straw-like shape.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hoyt’s liquid/air sensing discrimination with Krywyj’s liquid flowmeter for the expected advantages of reducing false positive measurements of air when attempting to measure the liquid flow. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hoyt’s liquid beverage flowmeter utility and associated compact and portable form with Krywyj’s liquid flowmeter for the expected advantages of monitoring fluid intake to keep track of fluid consumed from that container and to promote appropriate fluid intake and thus improving the health of the user as well as providing commercial marketability for that market. With further respect to the compact form factor as a straw, the Examiner notes that it has been held that a mere change in size is generally recognized as being within the level of ordinary skill in the art, see MPEP § 2144.04(IV)(A), In re Rose, 105 USPQ 237 (CCP A 1955), In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976), and Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Complimentarily, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Krywyj’s liquid flowmeter (translucent) housing assembly and electronic circuit board arrangements including rechargeable battery, solar cell, partitioned chambers, etc., thereby providing the advantages of partitioning the flow portion from electronic circuit board portions, enabling convenient arrangement and mounting of electronic components on said circuit board, as well as convenient power and recharging. The Examiner additionally notes that the Courts have ruled an obviousness analysis based on the collective teachings of the references does not depend on the order in which the references are listed in the statement of the rejection. See In re Bush, 296 F.2d 491, 496 (CCPA 1961): “In a case of this type where a rejection is predicated on two references each containing pertinent disclosure which has been pointed out to the applicant, we deem it to be of no significance, but merely a matter of exposition, that the rejection is stated to be on A in view of B instead of on B in view of A, or to term one reference primary and the other secondary.”
With further respect to item 2b), it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art, see MPEP § 2144.04(V)(B), Howard v. Detroit Stove Works, 150 U.S. 164 (1893), and In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). In the present case, it is the Examiner’s position that only ordinary skill in the art is required to mount all of Krywyj’s processing module, Krywyj’s flow sensing module, the (Hoyt’s) liquid sensing module, and Krywyj’s battery module to a single circuit board of Krywjy for the expected purpose of simplifying manufacturing and/or mounting of electronic components, making the flow meter more compact, and/or saving on costs including by sharing resources between the electronic components. The Examiner additionally notes that in Dystar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick, 464 F.3d 1356, 1368, 80 USPQ2d 1641, 1651 (Fed. Cir. 2006): “Indeed, we have repeatedly held that an implicit motivation to combine exists not only when a suggestion may be gleaned from the prior art as a whole, but when the ‘improvement’ is technology-independent and the combination of references results in a product or process that is more desirable, for example because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, or more efficient. Because the desire to enhance commercial opportunities by improving a product or process is universal—and even common-sensical—we have held that there exists in these situations a motivation to combine prior art references even absent any hint of suggestion in the references themselves.” In the present case, making a single electronic circuit board arrangement is a common-sense enhancement that is desirable for making the flowmeter cheaper and/or smaller. See MPEP § 2144(II).
Regarding claim 2, which depends on claim 1,
Krywyj teaches wherein the fan blade (not shown in fig. 1; see fig. 3, cross sectional shapes of holder 321) of the flow detection unit (fig. 1, flow wheel 124) is provided with at least one magnet (fig. 3, magnets 317);
the flow sensing module (fig. 1, flow responsive mechanism 130) is a Hall element (Hall effect sensor) for connecting with and sensing the magnet of the fan blade (not shown in fig. 1; see fig. 3, cross sectional shapes of holder 321) ([0081] “component may include a Hall effect sensor or a reed switch. A reed switch generally includes two spring loaded metal contacts that are separated from each other within a sealed region. When a magnetic flux of suitable strength, such as produced by near proximity of a magnet within, for instance, first magnetic assembly 301, is applied near the reed switch, the two contacts are caused to touch each other and complete a circuit to generate a voltage applied across the two contacts or otherwise produce a detectable response. Once the magnet is moved away, the two contacts separate and open the electrical circuit. A Hall effect sensor is a transducer that varies a voltage output in response to a magnetic field, such as a magnetic field from a magnet”).
Regarding claim 3, which depends on claim 1,
Krywyj reasonably teaches wherein the fan blade (not shown in fig. 1; see fig. 3, cross sectional shapes of holder 321) of the flow detection unit (fig. 1, flow wheel 124) is a metal fan blade (not shown in fig. 1; see fig. 3, cross sectional shapes of holder 321) ([0076] “the first and second magnet assemblies 301 and 303 include respective pluralities of magnets 315 and 317 (such as rare earth magnets formed from one or more elements in the Lanthanide series of metals, e.g., neodymium, samarium cobalt, and the like) supported at least partially within corresponding non-ferrous holders (or holders) 319 and 321. The holders 319 and 321 may be formed of a non-ferrous metal or metal alloy, such as aluminum, copper, etc., or a polymer material, such as a thermoplastic, thermosetting, or fiber reinforced plastic material, but embodiments are not limited thereto”);
the flow sensing module (fig. 1, flow responsive mechanism 130) is a Hall element (Hall effect sensor) for connecting with and sensing the metal fan blade (not shown in fig. 1; see fig. 3, cross sectional shapes of holder 321) (Examiner notes the detection of rare earth metal magnets, and likewise notes the broader interpretation of the fan blade comprising metals wherein the magnets of the metal fan blade are still sensed) ([0081] “component may include a Hall effect sensor or a reed switch. A reed switch generally includes two spring loaded metal contacts that are separated from each other within a sealed region. When a magnetic flux of suitable strength, such as produced by near proximity of a magnet within, for instance, first magnetic assembly 301, is applied near the reed switch, the two contacts are caused to touch each other and complete a circuit to generate a voltage applied across the two contacts or otherwise produce a detectable response. Once the magnet is moved away, the two contacts separate and open the electrical circuit. A Hall effect sensor is a transducer that varies a voltage output in response to a magnetic field, such as a magnetic field from a magnet”).
Furthermore, for compact prosecution and narrower interpretation:
The Examiner acknowledges that Krywyj’s Hall effect sensor is silent to sensing the metal of the metal fan blade absent magnetic materials in the fan blade.
However:
It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice, see MPEP § 2144.07 and In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). In the present case it is the Examiner’s position that only ordinary skill in the art is required to utilize a metal for an impellor fan blade.
The Examiner takes Official Notice that reluctance/biased Hall effect sensors are a conventional alternative to measure disruptions by passage of metal instead of directly measuring a passage of a magnetic field.
In view of the above, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the known and conventional alternative of utilizing Hall effect sensing of metal for indirect measurements of changes of magnetic fields instead of direct measurements of moving magnets, thereby simplifying the composition of the impellor in exchange for a more complicated—yet still commonly commercially available—Hall effect sensor that provides its own magnetic field.
Regarding claim 4, which depends on claim 1,
Krywyj teaches wherein the flow sensing module (fig. 1, flow responsive mechanism 130) is a reed switch (reed switch) or an infrared sensor ([0081] “component may include a Hall effect sensor or a reed switch. A reed switch generally includes two spring loaded metal contacts that are separated from each other within a sealed region. When a magnetic flux of suitable strength, such as produced by near proximity of a magnet within, for instance, first magnetic assembly 301, is applied near the reed switch, the two contacts are caused to touch each other and complete a circuit to generate a voltage applied across the two contacts or otherwise produce a detectable response. Once the magnet is moved away, the two contacts separate and open the electrical circuit. A Hall effect sensor is a transducer that varies a voltage output in response to a magnetic field, such as a magnetic field from a magnet”).
Regarding claim 5, which depends on claim 1,
Krywyj does not teach a liquid sensing module nor wherein the liquid sensing module is arranged adjacent to the first tube or the second tube.
Hoyt teaches wherein the liquid sensing module (air/drink sensing components of fluid monitoring unit 70) is arranged adjacent to the first tube (figs. 5-6, tubing 74) or the second tube (figs. 5-6, tubing 68).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hoyt’s liquid/air sensing discrimination and liquid beverage flowmeter utility with Krywyj’s liquid flowmeter for the same combination and motivation provided for the independent claim.
Regarding claim 7, which depends on claim 1,
Krywyj teaches wherein the battery module (charging circuit) is a solar cell while the housing (housing of flow meter 106) of the main body (main body of flow meter 106) is transparent ([0010] “flow monitoring module may further include a solar cell configured to provide electrical energy to the fluid flow processing module”; [0027] “a housing of the flow monitoring module may include a transparent or semitransparent portion that is configured to allow light of one or more predetermined wavelengths to propagate therethrough and an impinge on the solar cell”; [0035] “the flow monitoring module may include a housing having a transparent or semitransparent enclosure configured to allow solar radiation to reach a solar cell connected to the flow monitoring module”; [0084] “fluid flow processing module 430 includes a solar cell and associated charging circuit 443 connected to the power source 444. Electrical energy generated by the solar cell is provided to the power source 444 to charge a battery. The fluid flow processing module 430 may be configured to monitor and control the charge level of a battery in the power source 444 to thereby modulate a charge level of the battery”; [0068] “the material of the housing of the fluid flow processing module 112 may be transparent, semitransparent, or at least translucent (hereinafter, collectively or individually referred to as “transparent”) to light of one or more wavelengths or wavelength ranges. For example, the material may be transparent to light in the visible spectrum, e.g., light having a wavelength (or range of wavelengths) between about 380 nm and about 740 nm. In some cases, the level or extent of the transparency of the housing may be contingent upon the inclusion of one or more other components, such as the inclusion of one or more solar cells in association with flow meter 106, etc.”).
Similar to the analysis of the independent claim, while the reference does not expressly show all of the above claimed features clearly in a single depicted embodiment as a single figure (the reference instead choosing to structure the disclosure in sections of compatible detailed components), either one of ordinary skill in the art would at once envisaged the
combination from the generic teachings thereof and/or specific possible choices of the structural components
thereof, or, in the alternative, it at least would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to nevertheless so combine the above features for the
purpose and combinations as proposed by said reference and as analyzed by the Examiner
including the citations and/or Examiner comments provided above in reference to the claimed features. More particularly, it is the Examiner’s position that it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to combine Krywyj’s transparent housing and solar cell with Krywyj’s flow meter assembly (see fig. 1) for the expected advantages of providing the expected routine utility of solar powering a circuit in a light accessible (and protected by the transparent housing) environment.
Regarding claim 10, which depends on claim 1,
Krywyj reasonably teaches wherein the circuit unit (circuitry of flow processing module (fig. 1, processing module 112)) includes a display module (portion of circuitry for informational display) electrically connected with the circuit board ([0099] “at least one of the first and second shells 501a and 501b may include one or more informational portions 501s, such as a display, label, etc., that provide, for instance, instructions, warnings, etc”; additional obviousness analysis provided both for different figures as well as for display module especially configured for a beverage flow meter).
Similar to the analysis of the independent claim, while the reference does not expressly show all of the above claimed features clearly in a single depicted embodiment as a single figure (the reference instead choosing to structure the disclosure in sections of compatible detailed components), either one of ordinary skill in the art would at once envisaged the
combination from the generic teachings thereof and/or specific possible choices of the structural components
thereof, or, in the alternative, it at least would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to nevertheless so combine the above features for the
purpose and combinations as proposed by said reference and as analyzed by the Examiner
including the citations and/or Examiner comments provided above in reference to the claimed features. More particularly, it is the Examiner’s position that it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to combine Krywyj’s circuit means for informational displaying with Krywyj’s flow meter assembly circuit (see fig. 1) for the expected advantages of providing a conventional display module with Krywyj’s circuit for the routine and expected use of displaying information related to flow sensing.
Furthermore, the Examiner re-acknowledges that liquid beverage flow meter and does not therefore explicitly teach a display module configured for a liquid beverage flow meter.
Hoyt teaches a liquid beverage flow meter (figs. 5-6, Drink-o-Meter 66) comprising a circuit unit (circuit portions of fluid monitoring unit 70) which includes a display module (display module portion for LED display 106) ([0017] “The DOM performs a calculation to determine if the user is consuming the required amount of water (or other fluid) to satisfy the pre-selected hydration rate. Consumption information is imparted to the user by an indicator which may be, for example, a three-element light emitting diode (LED) visual display. The LED display may indicate whether the user is consuming (a) less than the required amount of water, (b) an acceptable amount of water, or (c) an excessive or wasteful amount of water”; [0018] “the DOM can determine the amount of water remaining in the container and display this information to the user through the indicator, such as the three element LED visual display”; [0046]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hoyt’s liquid beverage flowmeter utility and means for informational display thereof with Krywyj’s liquid flowmeter for the same combination and motivation provided for the independent claim and further noting that displaying information to the user pertaining to health is useful for prompting corrective consumption behavior from the user. Similar to the analysis of the independent claim, it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art, and it is still the Examiner’s position that only ordinary skill in the art is required to mount modules to a single circuit board for the same motivation provided for the independent.
Regarding claim 11, which depends on claim 1,
Krywyj reasonably teaches wherein the circuit unit (circuitry of flow processing module (fig. 1, processing module 112)) includes a communication module (see fig. 4, communications unit 446) not only electrically connected with the circuit board (PCB) but also having wireless communication with a mobile phone (cell phone / mobile device) ([0093] “[0093] The communications unit 446 may also be configured to wirelessly connect with, and transmit and receive data from, an external device 454 (e.g., a computer, server, router, handset, user equipment, etc.), which may be part of or communicatively coupled to a network, such as network 456”; [0091]; [0120] “the record may be wirelessly transmitted over the network to, e.g., an external device, such as a computer, server, cell phone, or mobile device, for instance”; [0122] “cellular network to which the communications unit is connected, such as T-Mobile™”).
Similar to the analysis of the independent claim, while the reference does not expressly show all of the above claimed features clearly in a single depicted embodiment as a single figure (the reference instead choosing to structure the disclosure in sections of compatible detailed components), either one of ordinary skill in the art would at once envisaged the
combination from the generic teachings thereof and/or specific possible choices of the structural components
thereof, or, in the alternative, it at least would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to nevertheless so combine the above features for the
purpose and combinations as proposed by said reference and as analyzed by the Examiner
including the citations and/or Examiner comments provided above in reference to the claimed features. More particularly, it is the Examiner’s position that it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to combine Krywyj’s communications module means with Krywyj’s flow meter assembly circuit (see fig. 1) for the expected advantages of providing a conventional communication module with Krywyj’s circuit for the routine and expected use of communicating information related to flow sensing. Similar to the analysis of the independent claim, it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art, and it is still the Examiner’s position that only ordinary skill in the art is required to mount modules to a single circuit board for the same motivation provided for the independent.
The Examiner additionally notes that the determination of whether a wherein/whereby/adaptation or similar clause is a limitation in a claim depends on the specific facts of the case as put forth by MPEP § 2111.04. Additionally, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d - 164 7 (1987). In the present case, the wherein statement of having wireless communication with a mobile phone is an intended use.
Regarding claim 12, which depends on claim 1,
Krywyj broadly teaches wherein the main body (main body of flow meter 106) is in a straw-like shape (Examiner notes the elongation and the connection to tubing).
For compact prosecution and narrower interpretation:
Krywyj does not teach a straw.
Hoyt teaches wherein the main body (main body of fluid monitoring unit 70) is in a straw-like shape (Title “Electronic Drink-o-Meter (DOM) To Monitor Fluid Intake And Provide Fluid Consumption Guidance”; Abstract; [0019] “the DOM can be used as a stand-alone "electromechanical straw" capable of monitoring fluid consumed from any container”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hoyt’s liquid beverage flowmeter utility and associated straw design with Krywyj’s liquid flowmeter for the same combination and motivation provided for the independent claim.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over newly cited Krywyj in view of newly cited Hoyt and in further view of newly cited Gellibolian et al (US 20130319915 A1; hereafter “Gellibolian”).
Regarding claim 8, which depends on claim 1,
Krywyj teaches wherein the battery module (charging circuit) includes a storage battery ([0008] “the energy storage device may be a battery”; [0075] “stored via, for instance, a rechargeable power source, such as a rechargeable battery, a capacitor, or a combination thereof”).
Krywyj does not teach a USB socket electrically connected with the storage battery.
However:
The Examiner takes Official Notice that USB sockets for electrically charging a rechargeable battery are conventional in the art.
Furthermore, and as supporting factual evidence of the aforementioned assertion, Gellibolian teaches wherein the battery module includes a storage battery (rechargeable battery) and a USB socket (universal serial bus port) electrically connected with the storage battery (rechargeable battery) (Title “Water Bottle With Flow Meter”; Abstract “a flow meter module for quantitatively monitoring hydration in real time”; [0058] “the flow meter impeller 20 rotates as a fluid passes through a flow meter housing and houses a magnet that can be detected by a magnetic sensor for the purpose of measuring rotation speed and in an embodiment, without limitation, a flow rate. In an embodiment, a flow rate impeller is constructed of stone, plastic, metal, carbon composite, ceramic or other material capable of being shaped into a form capable of measuring fluid flow. In an embodiment, the rate of flow is measured by attaching a magnet to a flow meter impeller 20 that is detected by a magnetic sensor 29. In an embodiment, the flow is measured by attaching a tag capable of being detected by an optical detector or a tag capable of contacting a detector that measures each rotation of a flow meter impeller 20 to determine the amount of fluid” and “straw”; [0041] “a suitable port may include a USB (universal serial bus) port, such as (but not limited to) a standard USB port, a mini-USB port, or a micro-USB port. When present, such a port may also be used to communicate with the controller, for example, to program purification devices according to the present disclosure, to update software of purification devices according to the present disclosure”; [0065] “dangler battery housing connector 67 that allows a rechargeable battery to be recharged by a connector, including a standard cell phone connector, a USB, a micro USB and/or a computer adaptor”).
In view of the above, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine a conventional USB socket electrically connected to with a battery—as factually supported by Gellibolian’s liquid beverage flow meter USB socket—with Krywyj’s battery powered liquid flow meter for the expected purpose of providing a universal serial bus port that is both commercially available and convenient for consumers to use and which further may have additional use for transferring data between the flowmeter and a digital device such as a computer.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over newly cited Krywyj in view of newly cited Hoyt and in further view of newly cited Hoffmann et al (US 20190174939 A1; hereafter “Hoffmann”).
Regarding claim 9, which depends on claim 1,
Krywyj teaches wherein the battery module (charging circuit) includes a storage battery ([0075] “charging circuit and stored via, for instance, a rechargeable power source, such as a rechargeable battery, a capacitor, or a combination thereof. In some cases, the charging circuit may be incorporated as part of the one or more electronic packages).
Krywyj does not teach a wireless charger electrically connected with the storage battery.
However:
The Examiner takes Official Notice that a wireless electrical charger electrically connected to rechargeable battery is conventional in the art.
Furthermore, and as supporting factual evidence of the aforementioned assertion, Hoffmann teaches a wireless charger electrically connected with a storage battery (Title “SYSTEM FOR MONITORING THE LIQUID INTAKE OF A USER AND METHOD OF OPERATING THE SYSTEM”; Abstract “A system for monitoring liquid intake of a user includes a monitor configured to determine an amount of liquid removed from a container”; [0103] “the lid 33 may comprise a passage for, e.g., a straw or any other drinking aid 35, wherein the amount of liquid drunk may be measured and/or verified via the amount of liquid flowing through”; [0124] “for relatively small or low-cost systems, it is also possible, however, to provide external current supply permanently or for charging the energy storage, e.g. by means of a USB terminal or induction (e.g. via near-field communication (NFC))”; [0125] “The battery and/or the accumulator may also be charged by means of RFID (radiofrequency identification), NFC (near-field communication), or USB (universal serial bus)”).
In view of the above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine a conventional wireless electrical charger—as factually supported by Hoffmann’s system for system for monitoring liquid beverage intake of a user having a wireless electrical battery charger—for the expected purpose of convenience to the user for charging, reducing wear/tear on device ports (and associated improved safety), and/or improving water resistance (and associated safety) in wet environments (as wireless charging doesn’t require a port which could get wet).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over newly cited Krywyj in view of newly cited Hoyt and in further view of newly cited Sharma et al (US 20190120679 A1; hereafter “Sharma”).
Regarding claim 6, which depends on claim 1,
Krywyj does not teach wherein the liquid sensing module is a capacitive touch integrated circuit or micro switch.
Solving a similar problem (liquid filled versus gas filled determination) and in an analogous art (G01F), Sharma teaches wherein a liquid sensing module is a capacitive touch integrated circuit (capacitive touch sensor integrated circuit) (Title “CAPACITANCE SENSING APPARATUS AND METHOD FOR DETECTING GAS-LIQUID TRANSITIONS”; Abstract “A capacitance measuring apparatus and method detects gas/liquid and liquid/gas transitions by monitoring a sensing capacitor” and “Detection thresholds are automatically set to account for remnant drops and coatings of liquid, and can be automatically readjusted if additional liquid drains or a different liquid is introduced”; [0011] pertaining to problem solved: “a false “positive” for presence of the liquid. This problem can be made even worse if the liquid has a high viscosity and/or high surface tension, such that a relatively large quantity of liquid remains as a coating on the surfaces of the sensing capacitor electrodes after the monitored volume has been drained”; [0012]-[0014] additional detail on avoiding false positives and gas-to-liquid detection threshold; [0066] “present invention to reduce cost by using available sensor electronics, such as capacitive touch sensor integrated circuits, that are designed to sense changes in impedances that are primarily reactive”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sharma’s commercially available and low cost capacitive touch sensor integrated circuit for monitoring detection of liquid and gas/liquid or liquid/gas transitions with low false positives with Krywyj’s liquid flowmeter for the expected advantages of reducing false positive measurements of air when attempting to measure the liquid flow and for the aforementioned advantageous descriptions pertaining to availability and reduction of false positives—including both for thresholding amounts and for a wider variety of liquid such as more viscous fluids—which would be situationally more advantageous than Hoyt’s liquid detection sensor (i.e., while Hoyt still suggests that a drinking measurement straw can benefit from an electrical measurement to determine the presence of liquid or air, the sensor in this combination would instead be Sharma’s capacitive touch integrated circuit).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Applicant is invited to review PTO form 892 accompanying this Office Action listing Prior Art relevant to the instant invention cited by the Examiner.
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Any inquiry concerning this communication or earlier communications from the Examiner should be directed to DAVID L SINGER whose telephone number is 303-297-4317. The Examiner can normally be reached Monday - Friday 8:00 am - 6:00pm CT, EXCEPT alternating Friday.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, John Breene can be reached on 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID L SINGER/Primary Examiner, Art Unit 2855 09JAN2026