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 .
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.
Claims 1, 3, and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Birgel et al. (DE 10/2018132277 A1; IDS dated 10/24/2023 Foreign Patent Documents Cite No. 1; see provided machine translation for citations; hereinafter Birgel) in view of Bertini et al. (US Publication 2020/0295545; hereinafter Bertini).
With regards to claim 1, Birgel teaches a level measurement system, for measuring the level of a product in a tank being monitored by an asset management system (abstract), the level measurement system comprising:
level sensing circuitry (3) for measuring the level of the product ([0020]);
wireless communication circuitry (4) for wireless communication ([0026]) comprising first wireless communication circuitry configured to implement a first communication architecture adapted for relatively long range (i.e. LTE or 5G) wireless communication ([0026]); and
a controller (6) for controlling operation of the level measurement system ([0021]), the controller being configured to:
control the level sensing circuitry to periodically measure the level of the product with a first measurement frequency (2 measurements per day; [0022]);
transmit, while the level sensing circuitry is controlled to periodically measure ([0021]) the level of the product with the first measurement frequency, signals indicative of the measured level of the product, using the first wireless communication circuity ([0026-0027]);
receive, from the asset management system using the wireless communication circuitry, an indication of a work order for filling the tank ([0022, 0026]); and
control the wireless communication circuitry to participate in a pairing procedure with wireless communication circuitry comprised in a wireless operator device of an operator tasked by the asset management system to fulfill the work order, to establish communication between the level measurement system and the wireless operator device ([0024-0025]);
transition the level sensing circuitry from an inactive state to an active state ([0021-0022]);
control the sensing circuitry to periodically measure the level of the product with a second measurement frequency (1 measurement per hour; [0021]), higher than the first measurement frequency ([0021-0022]), after initiation of the pairing procedure ([0021, 0025]).
However, Birgel is silent regarding (italicized portions highlight features not taught) wireless communication circuitry comprising a second wireless communication circuitry configured to implement a second communication architecture adapted for relatively short range wireless communication; the controller configured to: control the second wireless communication circuitry to participate in a pairing procedure with wireless communication circuitry comprised in a wireless operator device of an operator tasked by the asset management system to fulfill the work order, to establish communication between the level measurement system and the wireless operator device; and periodically transmit, while the level sensing circuitry is controlled to periodically measure the level of the product with the second measurement frequency, to the wireless operator device using the second wireless communication circuitry, signals indicative of the measured level of the product.
Bertini teaches a wireless communication circuitry (a part of 130; FIG. 5) comprising a first wireless communication circuitry (including link A; [0120, 0134]) and a second wireless communication circuitry (including link D) configured to implement a second communication architecture adapted for relatively short range wireless communication ([0122, 0135]); the controller (138; FIG. 4) configured to: control the second wireless communication circuitry to participate in a pairing procedure with wireless communication circuitry comprised in a wireless operator device (306) of an operator tasked by the asset management system to fulfill the work order, to establish communication between the level measurement system and the wireless operator device ([0122, 0135]); and periodically transmit, while the level sensing circuitry is controlled to periodically measure the level of the product with the second measurement frequency ([0135]), to the wireless operator device (306) using the second wireless communication circuitry ([0114]), signals indicative of the measured level of the product ([0114-0115]; FIG. 4-6).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the teaching of using a second (short range) wireless communication in conjunction with the first (long range) wireless communication as taught by Bertini to control communication with the level sensing circuitry as taught by Birgel to provide alternative communications with the operator ([0125]; Bertini).
With regards to claim 3, Birgel, as combined with Bertini, teaches (citations to Birgel unless specified otherwise) the level measurement system according to claim 1, wherein the controller is configured to: receive the indication of the work order for filling the tank using the first wireless communication circuitry ([0021-0022, 0026]).
With regards to claim 7, Birgel, as combined with Bertini, teaches (citations to Birgel unless specified otherwise) the level measurement system according to claim 1, wherein the controller is configured to:
determine that the level of the product remains unchanged following a predefined time period after initiation of the pairing procedure ([0022]); and
transmit an alert signal to the wireless operator device ([0023]).
With regards to claim 8, Birgel, as combined with Bertini, teaches (citations to Birgel unless specified otherwise) the level measurement system according to claim 1, wherein the controller is configured to:
control the sensing circuitry to periodically measure the level of the product with the second measurement frequency ([0021]);
determine that a filling operation has started ([0022]); and
control the level sensing circuitry to periodically measure the level of the product with a third measurement frequency (2 measurements per second), higher than the second measurement frequency (1 measurement per hour; [0021-0022]).
With regards to claim 9, Birgel, as combined with Bertini, teaches (citations to Birgel unless specified otherwise) the level measurement system according to claim 8, wherein the controller is configured to control the sensing circuitry to start to periodically measure the level of the product with the third measurement frequency following a determination that the level of the product is higher than a predefined threshold level or that the level of the product is increasing with a rate of increase being higher than a predefined threshold rate of increase ([0021-0022]).
With regards to claim 10, Birgel, as combined with Bertini, teaches (citations to Birgel unless specified otherwise) the level measurement system according to claim 1, wherein the controller is configured to control the level sensing circuitry to go back to periodically measuring the level of the product with the first measurement frequency in response to an indication that the work order has been completed (“reduced to 2 measurements per day”; [0022]).
With regards to claim 11, Birgel, as combined with Bertini, teaches (citations to Birgel unless specified otherwise) the level measurement system according to claim 1, wherein the controller is configured to control the level sensing circuitry to go back to periodically measuring the level of the product with the first measurement frequency following passage of a predefined time from a point in time when the level sensing circuitry started to measure the level of the product with the second measurement frequency ([0021-0022]).
With regards to claim 12, Birgel, as combined with Bertini, teaches (citations to Birgel unless specified otherwise) the level measurement system according to claim 1, wherein the controller is configured to:
receive, from the asset management system using the wireless communication circuitry, an indication of a work order for filling a neighboring tank (another mobile container 1, [0020]; FIG. 1) within a predefined distance from the tank ([0022]); and
control, after having received the indication of the work order, the level sensing circuitry to periodically measure the level of the product with a fourth measurement frequency (“2 measurements per second”; [0021-0022]), higher than the first measurement frequency.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 QUANG X.L NGUYEN whose telephone number is (571)272-1585. The examiner can normally be reached Monday-Friday 9AM-5PM.
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/QXN/ Examiner, Art Unit 2853
/STEPHEN D MEIER/ Supervisory Patent Examiner, Art Unit 2853
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