Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This communication is in response to the Application No. 18/439,479 filed on 2/27/24. Claims 1 – 20 has been examined.
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
4. A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
5. The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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7. Claims 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,902,726. Although the claims at issue are not identical, they are not patentably distinct from each other because the reasons below.
Instant Application
Pat # 11,902,726
A battery powered telemetric device associated with an asset, comprising:
a sensor configured to obtain a data sample indicative of a level or usage of a product within the asset;
a wireless transmitter configured to transmit to at least a remote device;
data storage, wherein the data storage stores a predetermined change value threshold and at least a previously transmitted data sample, wherein the previously transmitted data sample, or a representation thereof, has been communicated to the remote device in a previous transmission from the battery powered the telemetric device;
at least one processor, wherein the at least one processor is configured to cause the battery powered telemetric device to:
obtain a current data sample from the sensor, wherein the current data sample indicates a current level or current usage of the product within the asset;
determine a current change value using the current data sample and the previously transmitted data sample stored in the data storage;
compare the current change value to the predetermined change value threshold;
when the current change value fails to meet or exceed the predetermined change value threshold, determine to not transmit the current change value, and/or the current data sample, and/or other indication of the current data sample, to the remote server.
A battery powered telemetric device associated with an asset, comprising:
a sensor configured to obtain a data sample indicative of a level or usage of a product within the asset;
at least one battery;
a wireless transmitter configured to transmit to a remote device;
data storage, wherein the data storage stores a predetermined change value threshold and at least a previously transmitted data sample, wherein the previously transmitted data sample, or a representation thereof, has been included in a previous transmission to the remote device;
at least one processor, wherein the at least one processor is configured to cause the battery powered telemetric device to:
obtain a current data sample from the sensor, wherein the current data sample indicates a current level or current usage of the product within the asset;
determine a current change value using the current data sample and the previously transmitted data sample stored in the data storage;
compare the current change value to the predetermined change value threshold;
when the current change value exceeds the predetermined change value threshold, determine to transmit one or more of the current data sample, the current change value, or an interpretation of the current data sample, to the remote server; and
when the current change value fails to exceed the predetermined change value threshold, determine to store the current change value and/or the current data sample in the data storage without a transmission thereof to the remote server.
Even though it does not specifically teach “when the current change value exceeds the predetermined change value threshold, determine to transmit one or more of the current data sample, the current value, or an interpretation of the current data sample to the remote server.” The functionality of the claim does not change since changing the value and transmit when the threshold exceeds is obvious to one of the ordinary skilled in the art at the time of filing since it helps reduce the transmission of useless data to the remote server.
8. Regarding claim 2, Claim 1 further teaches it as shown below; see the underlined portions.
Instant Application
Pat # 11,902,726
The battery powered telemetric device of claim 1, wherein the at least one processor is further configured to cause the battery powered telemetric device to: when the current change value fails to meet or exceed the predetermined change value threshold, determine to store one or more of: the current change value, the current data sample, or another indication of the current data sample, in the data storage without a transmission thereof to the remote server.
A battery powered telemetric device associated with an asset, comprising:
a sensor configured to obtain a data sample indicative of a level or usage of a product within the asset;
at least one battery;
a wireless transmitter configured to transmit to a remote device;
data storage, wherein the data storage stores a predetermined change value threshold and at least a previously transmitted data sample, wherein the previously transmitted data sample, or a representation thereof, has been included in a previous transmission to the remote device;
at least one processor, wherein the at least one processor is configured to cause the battery powered telemetric device to:
obtain a current data sample from the sensor, wherein the current data sample indicates a current level or current usage of the product within the asset;
determine a current change value using the current data sample and the previously transmitted data sample stored in the data storage;
compare the current change value to the predetermined change value threshold;
when the current change value exceeds the predetermined change value threshold, determine to transmit one or more of the current data sample, the current change value, or an interpretation of the current data sample, to the remote server; and
when the current change value fails to exceed the predetermined change value threshold, determine to store the current change value and/or the current data sample in the data storage without a transmission thereof to the remote server.
9. Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 11,902,726. Although the claims at issue are not identical, they are not patentably distinct from each other because the reasons below.
Instant Application
Pat # 11,902,726
The battery powered telemetric device of claim 1, wherein the at least one processor is further configured to cause the battery powered telemetric device to: after determining to not transmit the current change value and/or the current data sample, and/or other indication of the current data sample to the remote server, enter a sleep mode for a predetermined time interval, wherein the predetermined time interval is a fixed time interval or a variable time interval; and
enter a wake mode upon expiration of the predetermined time interval and obtain a next current data sample from the sensor.
The battery powered telemetric device of claim 19, wherein the at least one processor is further configured to cause the battery powered telemetric device to:
after transmitting and/or storing the current change value, enter a sleep mode for a predetermined time interval, wherein the predetermined time interval is a fixed time interval or a variable time interval; and
enter a wake mode upon expiration of the predetermined time interval and obtain a next current data sample from the sensor.
It would have been obvious to one of the ordinary skilled in the art to go to sleep and/or wake mode after predetermined time period; transmitting or deciding not to transmit. One would be motivated to do that to save battery power; which is desired in most communication systems.
9. Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,902,726. Although the claims at issue are not identical, they are not patentably distinct from each other because the reasons below.
The battery powered telemetric device of claim 1, wherein the at least one processor is further configured to cause the battery powered telemetric device to: when the current change value exceeds the predetermined change value threshold, determine to transmit to the remote server one or more of the current data sample, the current change value, or another indication of the current data sample.
A battery powered telemetric device associated with an asset, comprising:
a sensor configured to obtain a data sample indicative of a level or usage of a product within the asset;
at least one battery;
a wireless transmitter configured to transmit to a remote device;
data storage, wherein the data storage stores a predetermined change value threshold and at least a previously transmitted data sample, wherein the previously transmitted data sample, or a representation thereof, has been included in a previous transmission to the remote device;
at least one processor, wherein the at least one processor is configured to cause the battery powered telemetric device to:
obtain a current data sample from the sensor, wherein the current data sample indicates a current level or current usage of the product within the asset;
determine a current change value using the current data sample and the previously transmitted data sample stored in the data storage;
compare the current change value to the predetermined change value threshold;
when the current change value exceeds the predetermined change value threshold, determine to transmit one or more of the current data sample, the current change value, or an interpretation of the current data sample, to the remote server; and
when the current change value fails to exceed the predetermined change value threshold, determine to store the current change value and/or the current data sample in the data storage without a transmission thereof to the remote server.
10. Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 11,902,726. Although the claims at issue are not identical, they are not patentably distinct from each other because the reasons below.
Instant Application
Pat # 11,902,726
The battery powered telemetric device of claim 5, wherein the at least one processor is further configured to cause the battery powered telemetric device to: in response to transmission to the remote server of one or more of: the current data sample, the current change value, or another indication of the current data sample, store a value of the current change value as a new value of the previously transmitted data sample in the data storage.
The battery powered telemetric device of claim 1, wherein the at least one processor is further configured to cause the battery powered telemetric device to: in response to transmission of the one or more of the current data sample, the current change value, or a representation of the current data sample or the current change value, to the remote server, store a value of the current change value as a new value of the previously transmitted data sample in the data storage.
11. Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 11,902,726. Although the claims at issue are not identical, they are not patentably distinct from each other because the reasons below.
Instant Application
Pat # 11,902,726
The battery powered telemetric device of claim 1, wherein the predetermined change value threshold is dynamic and is adjusted in response to a level of the product in the asset.
The battery powered telemetric device of claim 1, wherein the predetermined change value threshold is determined using historical indication data of a change per day in the level or the usage of the product.
12. Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 11,902,726. Although the claims at issue are not identical, they are not patentably distinct from each other because the reasons below.
Instant Application
Pat # 11,902,726
The battery powered telemetric device of claim 1, wherein the predetermined change value threshold is dynamic and changes in response to one or more ambient variables, wherein the one or more ambient variables includes at least temperature or humidity.
The battery powered telemetric device of claim 1, wherein the predetermined change value threshold is dynamic and changes in response to one or more ambient variables, wherein the one or more ambient variables includes at least temperature.
Regarding claim 11, the method substantially has same limitations as claim 1, thus the same rejection is applicable.
Regarding claim 12, the method substantially has same limitations as claim 2, thus the same rejection is applicable.
Regarding claim 13, the method substantially has same limitations as claim 3, thus the same rejection is applicable.
Regarding claim 15, the method substantially has same limitations as claim 8, thus the same rejection is applicable.
Regarding claim 17, the method substantially has same limitations as claim 9, thus the same rejection is applicable.
13. Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. 11,902,726. Although the claims at issue are not identical, they are not patentably distinct from each other because the reasons below.
Instant Application
Pat # 11,902,726
A telemetric device associated with an asset, comprising:
a sensor configured to obtain a data sample that indicates a level or usage of a product within the asset;
at least one battery;
a wireless transmitter configured to transmit to a remote device;
a data storage, wherein the data storage stores at least one predetermined change value threshold and at least a previously transmitted data sample, wherein the previously transmitted data sample, or a representation thereof, has been included in a previous transmission to the remote device; at least one processor, wherein the at least one processor is configured to cause the telemetric device to:
for each of a plurality of consecutive data samples:
obtain at a predetermined time interval, a current one of the plurality of consecutive data samples, wherein the current one of the plurality of consecutive data samples indicates a current level or current usage of the product within the asset;
determine a current change value using at least the previously transmitted data sample stored in the data storage and the current one of the plurality of consecutive data samples; compare the current change value to the predetermined change value threshold;
when the current one of the plurality of subsequent data samples fails to exceed the predetermined change value threshold, determine to not transmit to the remote server any of the following: the current one of the plurality of subsequent data samples, the current change value, and/or an interpretation of the current one of the plurality of consecutive data samples in a transmission to the remote server.
A telemetric device associated with an asset, comprising:
a sensor configured to obtain a data sample that indicates a level or usage of a product within the asset;
at least one battery;
a wireless transmitter configured to transmit to a remote device; a data storage, wherein the data storage stores at least one predetermined change value threshold and at least a previously transmitted data sample, wherein the previously transmitted data sample, or a representation thereof, has been included in a previous transmission to the remote device;
at least one processor, wherein the at least one processor is configured to cause the telemetric device to:
for each of a plurality of consecutive data samples:
obtaining at a predetermined time interval, a current one of the plurality of consecutive data samples, wherein the current one of the plurality of consecutive data samples indicates a current level or current usage of the product within the asset;
determining a current change value using at least the previously transmitted data sample stored in the data storage and the current one of the plurality of consecutive data samples; comparing the current change value to the predetermined change value threshold;
when the current change value exceeds the predetermined change value threshold, determining to transmit the current one of the plurality of consecutive data samples, the current change value, or an interpretation of the current one of the plurality of consecutive data samples, to the remote server; and
when the current one of the plurality of subsequent data samples fails to exceed the predetermined change value threshold, determine to store the current change value and/or the current one of the plurality of consecutive data samples in the data storage without a transmission thereof to the remote server.
Even though it does not specifically teach “when the current change value exceeds the predetermined change value threshold, determining to transmit the current one of the plurality of consecutive data samples, the current change value, or an interpretation of the current one of the plurality of consecutive data samples, to the remote server.” The functionality of the claim does not change since changing the value and transmit when the threshold exceeds is obvious to one of the ordinary skilled in the art at the time of filing since it helps reduce the transmission of useless data to the remote server.
Regarding claim 19, the method substantially has same limitations as claim 7, thus the same rejection is applicable.
Allowable Subject Matter
14. Claims 4, 8, 10, 14, 16 and 20 are 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.
Conclusion
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANMAY K SHAH whose telephone number is (571)270-3624. The examiner can normally be reached Mon - Fri - 8:00 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TANMAY K. SHAH
Primary Examiner
Art Unit 2632
/TANMAY K SHAH/Primary Examiner, Art Unit 2632