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 § 102
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.
Claims 1-9, 11, 15, 17, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hively et al (US 20090125273 A1).
Regarding claim 1, Hively discloses in figures 1-9 a method for providing weight accuracy indications for a scale (method and system for determining vehicle weight), said method comprising: electronically receiving (41), at a controller (10) from one or more sensors (35,37,39), data that at least includes load data for a weighment at the scale (para 12); electronically determining, at the controller (10), a weight reading for the weighment based on the load data (para [0024]-[0027] ); electronically determining (para [0036]), at the controller (10), an estimated error magnitude for the weighment based on at least one of: at least a portion of the load data and additional data (para [0045]-[0051]); and electronically displaying, at a user device (Fig.1), the weight reading and at least one additional item based on the estimated error magnitude for the weighment (claims 9 and 18).
Regarding claim 2, Hively discloses the method (method and system for determining vehicle weight) wherein: at least some of the additional data (para [0036]) is received from at least one of the one or more sensors (35,37,39).
Regarding claim 3, Hively discloses the method (method and system for determining vehicle weight) wherein: the scale comprises a weigh-in-motion scale (para [0058] and [0059]).
Regarding claim 4, Hively discloses the method (method and system for determining vehicle weight) wherein: the at least one additional item comprises a characterization of the estimated error magnitude for the weighment (para [0045]-[0051]).
Regarding claim 5, Hively discloses the method (method and system for determining vehicle weight) wherein: the estimated error magnitude is displayed as at least one of: a qualitative indicator and a quantitative indicator (claims 9 and 18).
Regarding claim 6, Hively discloses the method (method and system for determining vehicle weight) further comprising: the at least one additional item comprises at least one reason for the estimated error magnitude for the weighment (para [0027]).
Regarding claim 7, Hively discloses the method (method and system for determining vehicle weight) further comprising: the at least one additional item comprises an option to accept or reject the weighment by the user (para [0027] and [0045]).
Regarding claim 8, Hively discloses the method (method and system for determining vehicle weight) wherein: the at least one additional item comprises instructions how to reduce the estimated error magnitude of subsequent weighments (para [0029]).
Regarding claim 9, Hively discloses the method (method and system for determining vehicle weight) wherein: the at least one additional item comprises an option to request scale service (para [0045], Fig.4, 50).
Regarding claim 11, Hively discloses the method (method and system for determining vehicle weight) wherein: the additional data comprises a length of time since a last calibration of the scale (para [0045]); the estimated error magnitude for the weighment is determined, at least in part, based on the length of time since a last calibration of the scale (para [0045]-[0051]); and the step of determining the estimated error magnitude comprises positively corelating, at the controller, the length of time since the last calibration of the scale with the estimated error magnitude (para [0045]-[0051]).
Regarding claim 15, Hively discloses the method (method and system for determining vehicle weight) further comprising: the additional data comprises the shape of the dynamic weight signal waveform for a weigh-in-motion scale (para [0049]); the estimated error magnitude for the weighment is determined, at least in part, based on the shape of the dynamic weight signal waveform (para [0046]-[0051]); and the step of determining the estimated error magnitude comprises positively corelating, at the controller ( para [0045] to [0051]), at least one of: dynamic weight signal noise level, and duration of the dynamic weight signal, and a non-conforming dynamic weight signal shape (para [0045]-[0051]).
Regarding claim 17, Hively discloses scale (system for determining vehicle weight) providing weight accuracy indications, said scale comprising: a weight platform (claim 22); one or more sensors (35,37,39); and a controller (10) in electronic communication with the one or more sensors (35,37,39) and comprising one or more electronic storage devices (19) comprising software instructions (para [0037]), when executed by one or more processors (Not shown but imply in para [0037]) of the controller (10), configure the controller (10) to: receive, from the one or more sensors (35,37,39), load data for a weighment at the weight platform (claim 22); determine, at the controller (10), a weight reading for the weighment based on the load data (Abstract); determine, at the controller (10), an estimated error magnitude for the weighment based (Fig.4) on at least one of: at least a portion of the load data and additional data; and display (claim 18), at a user device (Fig.1), the weight reading and at least one additional item based on the estimated error magnitude for the weighment (Fig.4).
Regarding claim 19, Hively discloses in figures 1-9 a system (system for determining vehicle weight) for providing weight accuracy indications for a scale (39), said system comprising: a user device (Fig.1); the scale (39) comprising: a weight platform (claim 22); one or more sensors (35,37,39); and a controller (10) in electronic communication with the one or more sensors (35,37,39) and the one or more user devices (Fig.1), said controller (10) comprising one or more electronic storage devices (a computer is a storage device) comprising software instructions (para [0037]), when executed by one or more processors of the controller (10), configure the controller (10) to: receive (para [0025]), from the one or more sensors (35,37,39), load data for a weighment; determine, at the controller (10), a weight reading for the weighment based on the load data (Abstract); determine, at the controller (10), an estimated error magnitude for the weighment (para [0036]) based on at least one of: at least a portion of the load data and additional data; and display (claim 18), at the user device (Fig.1), the weight reading and at least one additional item based on the estimated error magnitude for the weighment (Fig.4).
Regarding claim 20, Hively discloses in figures 1-9 a system (system for determining vehicle weight) wherein: the at least one additional item comprises at least one of: a characterization of the estimated error magnitude (Fig.4), reason(s) for the estimated error magnitude for the weighment (para [0027]), instruction(s) how to reduce the estimated error magnitude of subsequent weighments, an option to accept or reject the weighment (para [0027] and [0045]), and an option to request service for the scale (para [0045], Fig.4, 50).
Allowable Subject Matter
Claims 10, 12-14, 16 and 18 are objected to as being dependent upon a rejected claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claim.
Regarding claims 10, 12-14, 16 and 18 Hively discloses the method (method and system for determining vehicle weight) wherein: the additional data comprises historical weighment information for the scale (Fig.4); the estimated error magnitude for the weighment is determined, at least in part, based on the historical weighment information (Fig.4).
However, Hively fails to explicitly disclose estimated error magnitude above a predetermined threshold; a correlation between temperature and the estimated error magnitude, in combination with the remaining limitations of the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIREILLE SANDRA SADATE-MOUALEU whose telephone number is (571)272-2862. The examiner can normally be reached Mon-Fri 0730-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIREILLE S SADATE-MOUALEU/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855