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 .
Response to Amendment
Applicant has submitted the following:
Claims 1-3, 7-9, and 11-12 are pending examination;
Claims 4-6 and 10 are newly cancelled;
Claims 1, 2, and 7 are newly amended.
Response to Arguments
Applicant's arguments filed 07/06/2026 have been fully considered but they are not persuasive.
Applicant argues that none of the prior art, alone or in combination, teaches all of the limitations of the recited claims. Specifically, Applicant argues that cited Knab does not teach the newly amended limitations pertaining to the power and communication of the device and sensor.
Examiner respectfully disagrees. Knab recites that the sensor is powered ([0049] The sensor is supplied with power by way of an appropriate energy source.). Further, previously cited Kahn recites data and power cables (Fig. 2b; [0250] lines 4-10, “The unit has an electrical input/output connector for connecting to the electrodes for carrying out voltammetry. The unit has a connection for AC power. The unit has a universal serial bus interface (USB I/F) and an RS-232 Serial port for transmitting data, for receiving instructions, and for testing and debugging by an external device.” ).
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) 1-3, 7-9, and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knab (US 20190126126 A1, previously cited) in view of Kahn et al. (US 20120187000 A1, previously cited).
Regarding claim 1, Knab teaches A method for remote control of an app for measuring, calibrating, and/or adjusting a sensor in process automation technology (Fig. 3; [0069] lines 10-13, “These stimuli are measurable and are detected, for example, by way of a suitable measuring device. The acquired data is then forwarded to a computer program or another signaling device, for example, a mobile telephone having a corresponding app.”), the method comprising:
providing the sensor (sensors 30), the sensor including:
a sensor element for detecting a measurand of process automation technology ([0042] “Other suitable sensors may be provided instead of, or in addition to, a movement sensor. In one embodiment, for example, an inertial sensor is provided. Such an inertial sensor is designed to determine the position thereof in space. In one embodiment, this includes a magnetic field sensor, an acceleration sensor and a gyroscope. A rotational measurement is possible by way of the gyroscope.”); and
a first physical interface ([0047] “The sensor is designed to transmit data. For example, the sensor is designed for wireless data transmission. Accordingly, the sensor transmits the acquired data to a memory area, a comparison area and/or another unit. In other embodiments, the sensor and the other units are integrated, and a wireless transmission is carried out. For example, the device can thus be connected to a mobile telephone or another mobile or stationary evaluation unit (laptop, PC) in a wired and/or \wireless manner.”; [0080] lines 43-48, “Accordingly, the evaluation unit and all connected units or units to be connected comprise corresponding interfaces. In addition to Bluetooth and radio, possible interfaces also include optical cables and the like. A connection can thus be established via an AUX connector and the like, for example.”);
providing a handheld measuring device (device 20), the handheld measuring device including:
a data ([0080] lines 43-48, “Accordingly, the evaluation unit and all connected units or units to be connected comprise corresponding interfaces. In addition to Bluetooth and radio, possible interfaces also include optical cables and the like. A connection can thus be established via an AUX connector and the like, for example.”);
a wireless communication interface ([0047] “The sensor is designed to transmit data. For example, the sensor is designed for wireless data transmission. Accordingly, the sensor transmits the acquired data to a memory area, a comparison area and/or another unit. In other embodiments, the sensor and the other units are integrated, and a wireless transmission is carried out. For example, the device can thus be connected to a mobile telephone or another mobile or stationary evaluation unit (laptop, PC) in a wired and/or wireless manner.”);
at least one operating button that is a physical operating button ([0048] lines 5-9, “the sensor can be activated and deactivated, whereby uninterrupted data acquisition is achieved. In one embodiment, the activation and deactivation take place manually, for example by the operation of an appropriate signal transmitter, such as a button switch or the like.”); and
a data processing unit (processing unit 49);
proving a mobile device ([0069] lines 11-15, “The acquired data is then forwarded to a computer program or another signaling device, for example, a mobile telephone having a corresponding app. Forwarding preferably takes place by way of Bluetooth, which is to say wirelessly”), the mobile device including:
a wireless communication interface ([0047] “The sensor is designed to transmit data. For example, the sensor is designed for wireless data transmission. Accordingly, the sensor transmits the acquired data to a memory area, a comparison area and/or another unit. In other embodiments, the sensor and the other units are integrated, and a wireless transmission is carried out. For example, the device can thus be connected to a mobile telephone or another mobile or stationary evaluation unit (laptop, PC) in a wired and/or \wireless manner.”), wherein the mobile device is configured to execute the app, and the app is configured as measuring, calibrating, and/or adjusting software for the sensor ([0073] lines 5-10, “The comparison unit or another evaluation unit, for example an app or a corresponding other computer program, then ascertains the current individual status of the user by analyzing multiple actual sequences of movements, or by analyzing a starting sequence of movements of the user or of the striking apparatus at the start.”);
connecting the first physical interface of the sensor to the second physical interface of the handheld measuring device [0080] lines 43-48, “Accordingly, the evaluation unit and all connected units or units to be connected comprise corresponding interfaces. In addition to Bluetooth and radio, possible interfaces also include optical cables and the like. A connection can thus be established via an AUX connector and the like, for example.”);
establishing a data connection from the handheld measuring device to the mobile device, executing the app on the mobile device ([0047] “The sensor is designed to transmit data. For example, the sensor is designed for wireless data transmission. Accordingly, the sensor transmits the acquired data to a memory area, a comparison area and/or another unit. In other embodiments, the sensor and the other units are integrated, and a wireless transmission is carried out. For example, the device can thus be connected to a mobile telephone or another mobile or stationary evaluation unit (laptop, PC) in a wired and/or \wireless manner.”);
assigning, by the app, a function corresponding to a current measurement, calibration, and/or adjustment step of the sensor to the at least one physical operating button ([0064] lines 5-11, “When the racket is located on the ground in an idle position, this is defined as a reference or idle position, for example by pushing a button on the racket and/or the sensor, or alternatively by way of remote control, for example by transmitting a signal via an app by way of a mobile telephone or the like. For this purpose, the sensor includes a corresponding receiver unit.”);
actuating the at least one physical operating button ([0048] lines 7-9, “the activation and deactivation take place manually, for example by the operation of an appropriate signal transmitter, such as a button switch or the like.”) and transmitting information representing the actuation to the app of the mobile device via the data connection ([0047] “The sensor is designed to transmit data. For example, the sensor is designed for wireless data transmission. Accordingly, the sensor transmits the acquired data to a memory area, a comparison area and/or another unit. In other embodiments, the sensor and the other units are integrated, and a wireless transmission is carried out. For example, the device can thus be connected to a mobile telephone or another mobile or stationary evaluation unit (laptop, PC) in a wired and/or \wireless manner.”); and
processing the assigned function or data in the app to perform the current measurement, calibration, and/or adjustment step (Fig. 3; [0091] lines 34-36, “The comparison area 46 is designed to compare the actual sequence of movements with the target sequence of movements.”).
Knab does not teach the method, comprising:
a data and power cable having a second physical interface;
wherein the connecting of the first physical interface and the second physical interface enables a uni-directional power transfer from the mobile device to the sensor and a bi-directional data transfer between the mobile device and the sensor.
Kahn teaches an analogous measuring method, comprising:
a data and power cable having a second physical interface (Fig. 2b; [0250] lines 4-10, “The unit has an electrical input/output connector for connecting to the electrodes for carrying out voltammetry. The unit has a connection for AC power. The unit has a universal serial bus interface (USB I/F) and an RS-232 Serial port for transmitting data, for receiving instructions, and for testing and debugging by an external device.” );
wherein the connecting of the first physical interface and the second physical interface enables a uni-directional power transfer from the mobile device to the sensor (Fig. 2; [0248] lines 1-8, “the system is made up of a housing that holds the semiconductor electrode sensor that is electrically connected to a unit comprising the source for supplying a plurality of potentials and the current measuring device. In some embodiments the unit also comprises the computing system described above for at least partially analyzing the data. The unit can be self powered, e.g., with a battery, or can have a connection to an outside power source.”) and a bi-directional data transfer between the mobile device and the sensor ([0250] lines 4-10, “The unit has an electrical input/output connector for connecting to the electrodes for carrying out voltammetry. The unit has a connection for AC power. The unit has a universal serial bus interface (USB I/F) and an RS-232 Serial port for transmitting data, for receiving instructions, and for testing and debugging by an external device.”).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Knab to include the data and power cable of Kahn because the use of data and power cables in measuring devices is well known in the art and would yield predictable results, such as supplying power and transferring and receiving information.
Regarding claim 2, Knab in view of Kahn teaches The method according to claim 1, wherein the data connection is a wireless connection formed between the wireless communication interface of the handheld measuring device and the wireless communication interface of the mobile device (Knab: [0080] lines 1-11, “a sensor is provided which communicates with an external evaluation unit. The data acquired by the sensor is preferably transmitted wirelessly, for example by radio, Bluetooth or another wireless transmission option, to the evaluation unit. The evaluation unit can be designed as an arbitrary hardware unit including a corresponding CPU, corresponding memory and the like. The evaluation unit can be set, operated or controlled either by way of an integrated operating unit and/or by way of an external unit, for example a cellular phone, a tablet, a notebook, by voice control or the like.”).
Regarding claim 3, Knab in view of Kahn teaches The method according to claim 1, wherein the handheld measuring device (Kahn: Fig. 2) includes a display (Kahn: Fig. 2; [0248] lines 9-11, “The unit can have a display and input buttons to allow the user to control the measurement and to read the output from the sensor.”), and data displayed on the display are transmitted (Kahn: [0248] lines 11-13, “The unit can have transmission capability for sending out data, and for receiving instructions or to be tested by an external device.”) to the mobile device (Kahn: [0304] lines 1-4, “The reusable module generally contains those components that control, automate motion, measure the analyte concentration, alarm the user, transmit data to the PDA module.”; [0302] lines 9-12, “A PDA is typically a portable, e.g., handheld device that has computing and networking capability, and a user interface, with output, e.g., a display, and input, e.g., stylus, keyboard, and/or touchscreen capability.”).
Regarding claim 7, Knab teaches A measuring system (Fig. 3), comprising at least one sensor (sensor 30), the at least one sensor including:
a sensor element for detecting a measurand of process automation technology ([0042] “Other suitable sensors may be provided instead of, or in addition to, a movement sensor. In one embodiment, for example, an inertial sensor is provided. Such an inertial sensor is designed to determine the position thereof in space. In one embodiment, this includes a magnetic field sensor, an acceleration sensor and a gyroscope. A rotational measurement is possible by way of the gyroscope.”); and
a first physical interface ([0047] “The sensor is designed to transmit data. For example, the sensor is designed for wireless data transmission. Accordingly, the sensor transmits the acquired data to a memory area, a comparison area and/or another unit. In other embodiments, the sensor and the other units are integrated, and a wireless transmission is carried out. For example, the device can thus be connected to a mobile telephone or another mobile or stationary evaluation unit (laptop, PC) in a wired and/or \wireless manner.”; [0080] lines 43-48, “Accordingly, the evaluation unit and all connected units or units to be connected comprise corresponding interfaces. In addition to Bluetooth and radio, possible interfaces also include optical cables and the like. A connection can thus be established via an AUX connector and the like, for example.”);
a handheld measuring device (device 20), the handheld measuring device including:
a data ([0080] lines 43-48, “Accordingly, the evaluation unit and all connected units or units to be connected comprise corresponding interfaces. In addition to Bluetooth and radio, possible interfaces also include optical cables and the like. A connection can thus be established via an AUX connector and the like, for example.”);
a wireless communications interface ([0047] “The sensor is designed to transmit data. For example, the sensor is designed for wireless data transmission. Accordingly, the sensor transmits the acquired data to a memory area, a comparison area and/or another unit. In other embodiments, the sensor and the other units are integrated, and a wireless transmission is carried out. For example, the device can thus be connected to a mobile telephone or another mobile or stationary evaluation unit (laptop, PC) in a wired and/or \wireless manner.”;
at least one operating button that is a physical operating button ([0048] lines 5-9, “the sensor can be activated and deactivated, whereby uninterrupted data acquisition is achieved. In one embodiment, the activation and deactivation take place manually, for example by the operation of an appropriate signal transmitter, such as a button switch or the like.”); and
a data processing unit (processing unit 49); and
a mobile device ([0069] lines 11-15, “The acquired data is then forwarded to a computer program or another signaling device, for example, a mobile telephone having a corresponding app. Forwarding preferably takes place by way of Bluetooth, which is to say wirelessly”), the mobile device including:
a wireless communication interface ([0047] “The sensor is designed to transmit data. For example, the sensor is designed for wireless data transmission. Accordingly, the sensor transmits the acquired data to a memory area, a comparison area and/or another unit. In other embodiments, the sensor and the other units are integrated, and a wireless transmission is carried out. For example, the device can thus be connected to a mobile telephone or another mobile or stationary evaluation unit (laptop, PC) in a wired and/or \wireless manner.”), where in the mobile device is configured to execute an app for measuring, calibrating, and/or adjusting the sensor ([0073] lines 5-10, “The comparison unit or another evaluation unit, for example an app or a corresponding other computer program, then ascertains the current individual status of the user by analyzing multiple actual sequences of movements, or by analyzing a starting sequence of movements of the user or of the striking apparatus at the start.”), wherein the data processing unit is configured to transmit a function or data stored ([0047] “The sensor is designed to transmit data. For example, the sensor is designed for wireless data transmission. Accordingly, the sensor transmits the acquired data to a memory area, a comparison area and/or another unit. In other embodiments, the sensor and the other units are integrated, and a wireless transmission is carried out. For example, the device can thus be connected to a mobile telephone or another mobile or stationary evaluation unit (laptop, PC) in a wired and/or \wireless manner.”) in the at least one operating button ([0048] lines 5-9, “the sensor can be activated and deactivated, whereby uninterrupted data acquisition is achieved. In one embodiment, the activation and deactivation take place manually, for example by the operation of an appropriate signal transmitter, such as a button switch or the like.”) to the app of the mobile device when the at least one operating button is actuated ([0069] lines 11-15, “The acquired data is then forwarded to a computer program or another signaling device, for example, a mobile telephone having a corresponding app. Forwarding preferably takes place by way of Bluetooth, which is to say wirelessly”; [0073] lines 5-12, “The comparison unit or another evaluation unit, for example an app or a corresponding other computer program, then ascertains the current individual status of the user by analyzing multiple actual sequences of movements, or by analyzing a starting sequence of movements of the user or of the striking apparatus at the start. The evaluation unit or another processing unit creates adaptations from the target and actual sequences of movements”; [0048] lines 5-9, “the sensor can be activated and deactivated, whereby uninterrupted data acquisition is achieved. In one embodiment, the activation and deactivation take place manually, for example by the operation of an appropriate signal transmitter, such as a button switch or the like.”), and wherein the app is configured to process the function or the data transmitted by the data processing unit ([0073] lines 5-10, “The comparison unit or another evaluation unit, for example an app or a corresponding other computer program, then ascertains the current individual status of the user by analyzing multiple actual sequences of movements, or by analyzing a starting sequence of movements of the user or of the striking apparatus at the start”).
Knab does not teach the system, comprising:
a data and power cable having a second physical interface.
Kahn teaches an analogous measuring system, comprising:
a data and power cable having a second physical interface (Fig. 2b; [0250] lines 4-10, “The unit has an electrical input/output connector for connecting to the electrodes for carrying out voltammetry. The unit has a connection for AC power. The unit has a universal serial bus interface (USB I/F) and an RS-232 Serial port for transmitting data, for receiving instructions, and for testing and debugging by an external device.”).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Knab to include the data and power cable of Kahn because the use of data and power cables in measuring devices is well known in the art and would yield predictable results, such as supplying power and transferring and receiving information.
Regarding claim 8, Knab in view of Kahn teaches The measuring system according to claim 7, wherein the handheld measuring device (Kahn: Fig. 2) includes a battery (Kahn: [0427] lines 1-8, “a transmitter is provided that is powered by an energy storage device; such as a battery (e.g., lithium ion battery) or a photovoltaic (solar) cell. The energy storage device can be configured to provide power to the transmitter over the life of the electrochemical sensor. In an embodiment, the energy storage device is configured to provide power to both the transmitter and the electrochemical sensor, such as any electrochemical sensor provided herein”) or a rechargeable battery and is powered by the battery (Kahn: [0427] lines 1-8, “a transmitter is provided that is powered by an energy storage device; such as a battery (e.g., lithium ion battery) or a photovoltaic (solar) cell. The energy storage device can be configured to provide power to the transmitter over the life of the electrochemical sensor. In an embodiment, the energy storage device is configured to provide power to both the transmitter and the electrochemical sensor, such as any electrochemical sensor provided herein”) or the rechargeable battery.
Regarding claim 9, Knab in view of Kahn teaches The measuring system according to claim 7, wherein the handheld measuring device includes a display (Kahn: Fig. 2; [0248] lines 9-11, “The unit can have a display and input buttons to allow the user to control the measurement and to read the output from the sensor.”).
Regarding claim 11, Knab in view of Kahn teaches The measuring system according to claim 7,wherein the mobile device is a smartphone or a tablet computer (Knab: [0080] lines 8-11, “The evaluation unit can be set, operated or controlled either by way of an integrated operating unit and/or by way of an external unit, for example a cellular phone, a tablet, a notebook, by voice control or the like.”). The tablet is a tablet computer.
Regarding claim 12, Knab in view of Kahn teaches The measuring system according to claim 7,wherein the sensor is a sensor for measuring conductivity (Knab: [0069] lines 17-24, “Instead of piezoelectric crystals, it is also possible to use strain gauges, which have a strip shape or are designed in the manner of a wire and are processed in clothing. The wire is accordingly expanded or compressed during an actual sequence of movements. During an expansion or compression, the conductivity of the strain gauge changes, which is detected. The change in conductivity is accordingly processed, and a corresponding signal is output.”), oxygen, or the pH value, the pH value via an ISFET sensor, a redox sensor, or a combination thereof.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN GEISS whose telephone number is (571)270-1248. The examiner can normally be reached Monday - Friday 7:30 am - 4:30 pm.
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, Catherine Rastovski can be reached at (571) 270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.B.G./Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
