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 .
Election/Restrictions
Applicant's election with traverse of Group (Invention) I, Claims 1-11, in the reply filed on June 3, 2026 is acknowledged. The traversal is on the ground(s) that no serious search and/or examination burden would be incurred by examining both groups of claims. This is not found persuasive because the Examiner has determined that the groups have differing classification subclasses, and that Group (Invention) II requires additional structural features not required in Group I. Thus, there is a serious search and examination burden to examine each group, as they will require some different fields of search.
The requirement is still deemed proper and is therefore made FINAL.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group (Invention) II there being no allowable generic or linking claim.
The present set of claims for examination constitute Claims 1-11.
Claim Objections
Claim 4 is objected to because of the following informalities: the limitation “the one or more BMP” on line 5 should be rewritten as “the one or more BMPs”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4, 7, 8, 11 and their dependent claims are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “information” on line 6. It is not clear if this limitation is the same as “information” already recited on line 1 or not. Examiner interprets it to be the same.
Claim 1 recites the limitation “the regulations” on line 23. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation “one or more pollutants” on line 6. It is not clear if this limitation is the same as the previously recited “pollutants” from “amount of pollutants” already recited. The Examiner interprets the pollutants to be the same.
Claim 7 recites the limitations “the private BMP” and “the new BMP”. There is insufficient antecedent basis for these limitations in the claim.
Claim 7 recites the limitations “the BMP second ring portion” on lines 1-2 and on line 3. It is not clear if these second ring portions are part of the same group of “one or more BMP second ring portions” already recited in Claim 1, or not.
Claim 8 recites the limitation “a respective sub-reachshed” on line 3. It is not clear if this limitation is the same as “a respective…sub-reachshed” already recited in Claim 1, or not.
Claim 8 recites the limitation “a total amount of pollutant possible within each respective sub-reachshed”. It is not clear if this limitation is the same as the limitation “a total amount of pollutant possible within the corresponding…sub-reachshed” already recited in Claim 1, or not.
Claim 11 recites the limitation “a respective BMP” on line 2. It is not clear if this limitation is the same as “the respective BMP” already recited in Claim 1, or not. Examiner interprets it to be the same.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. First, Claim 1 recite(s) “A method of displaying information” and “comprising: determining an amount of pollutants removed by each of the one or more BMPs; and presenting information for monitoring stormwater infrastructure efficiency and progress related to governmental compliance by displaying a sunburst chart, wherein the sunburst chart comprises: a first ring having one or more first ring portions each corresponding to a respective reachshed or sub-reachshed, wherein each of the one or more first ring portions has an arc length sized according to a total amount of pollutant possible within the corresponding reachshed or sub-reachshed; and a second ring, concentric with the first ring, having one or more BMP second ring portions each corresponding to one of the one or more BMPs and one or more compliance second ring portions each corresponding to a compliance gap, wherein an arc length of each of the one or more BMP second ring portions corresponds to a respective volume of pollutants removed using a respective BMP, and wherein the compliance gap is a difference between the volume of pollutants removed using the respective BMP and an amount of pollutant load which must be removed according to the regulations dictated by the governmental compliance.”
This judicial exception is not integrated into a practical application because these limitations do not provide functions that physically act upon the claimed invention in such a manner that it cannot be performed mentally or manually by hand. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the invention recites structure including “one or more stormwater best management practices (“BMPs”) implemented by a municipality”.
Bathurst, (US 10,640,964), discloses “one or more stormwater best management practices (“BMPs”) implemented by a municipality”, (See column 2, lines 42-50, and lines 15-20, Bathurst). Also, Quigley et al., (“Quigley”, US 8,591,147), discloses “one or more stormwater best management practices (“BMPs”) implemented by a municipality”, (See column 1, lines 20-30, column 3, lines 44-53, column 5, lines 59-67, Quigley)
Claim 2 recites the limitation “wherein one of the one or more BMPs is permeable pavement, a bioswale, an underground infiltration basin, a biofiltration basin, a wet pond, a dry pond, an underground storage cistern, or a green/blue roof system”.
Bathurst discloses “wherein one of the one or more BMPs is permeable pavement, a bioswale, an underground infiltration basin, a biofiltration basin, a wet pond, a dry pond, an underground storage cistern, or a green/blue roof system”, (See column 2, lines 42-50, Bathurst).
Claim 4 recites the limitations “the measured amount of pollutants determined using at least a respective internet of things (“IoT”) sensor at each of the one or more BMP”, and “wherein the IoT sensor measures a concentration of one or more pollutants in stormwater runoff, water clarity in the stormwater runoff, or another water quality characteristic of the stormwater runoff”.
Quigley discloses “the measured amount of pollutants determined using at least a respective internet of things (“IoT”) sensor at each of the one or more BMP”, (See column 2, lines 15-23, column 3, lines 64-67, column 4, lines 1-7, Quigley), and “wherein the IoT sensor, (See column 6, lines 8-15, Quigley), measures a concentration of one or more pollutants in stormwater runoff, water clarity in the stormwater runoff, or another water quality characteristic of the stormwater runoff”, (See column 7, lines 21-28, Quigley).
Claim 5 recites the limitations “measuring a fluid level using a fluid level sensor at each of the one or more BMPs; measuring rainfall and weather information using environmental sensors at each of the one or more BMPs”.
Bathurst discloses “measuring a fluid level using a fluid level sensor at each of the one or more BMPs, (See column 5, lines 26-30, Bathurst); measuring rainfall and weather information using environmental sensors at each of the one or more BMPs” (Rain Gauge 33, See column 5, lines 13-21, Bathurst).
The remainder of Claims 3-11 are also directed to an abstract idea without significantly more in which they do not provide functions that physically act upon the claimed invention in such a manner that it cannot be performed mentally or manually by hand. These claim(s) does/do not include any more additional elements adding structure, other than the limitations listed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M PEO whose telephone number is (571)272-9891. The examiner can normally be reached M-F, 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at 571-270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN M PEO/ Primary Examiner, Art Unit 1779
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