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 .
This Office Action is in response to Applicant’s amendment filed 01/12/2026. Claims 1-27 are currently pending in this application.
Double Patenting
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).
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).
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22, respectively, of copending Application No. 18/119,240 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the present application and the reference application are both drawn to a device for sensing conditions. Claim 1 of the present application differs from claim 1 of the co-pending Application by additionally claiming that the at least one sensor contains at least one capacitor for storing power. It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the present application by removing the additional limitation, as a matter of engineering choice, to conclude at claim 1 of the co-pending invention. Such a modification would not render the invention inoperable for its intended purpose, and would yield predictable results. See MPEP 2144.04.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The respective claims are presented in the table below, with the differences between the claims in bold and underlined:
18/508,149 (Present Application)
18/119,240 (Reference Application)
1. A device for sensing conditions the device comprising:
a) at least one sensor comprising sensor that senses at least one condition of an environment, the sensor including circuitry configured to receive power wirelessly and to communicate the at least one sensed condition wirelessly to another device;
b) a controller that powers at least one sensor;
c) wherein the controller wirelessly powers the sensor, and wherein the sensor circuitry is configured to receive the power wirelessly from the controller; and
d) wherein the controller is spaced apart from the sensor a suitable distance that permits the controller to provide wireless power to the at least one sensor, wherein the at least one sensor contains at least one capacitor for storing power.
1. A device for sensing conditions the device comprising:
a) at least one sensor comprising sensor that senses at least one condition of an environment, the sensor including circuitry configured to receive power wirelessly and to communicate the at least one sensed condition wirelessly to another device;
b) a controller that powers at least one sensor;
c) wherein the controller wirelessly powers the sensor, and wherein the sensor circuitry is configured to receive the power wirelessly from the controller; and
d) wherein the controller is spaced apart from the sensor a suitable distance that permits the controller to provide wireless power to the at least one sensor.
7. The device of claim 1, wherein the at least one sensor includes an antenna, and wherein the controller includes an antenna.
2. The device of claim 1, wherein the at least one sensor includes an antenna, and wherein the controller includes an antenna.
8. The device of claim 7, wherein the controller distributes power to the at least one sensor wirelessly via a transmission from the controller antenna to the sensor antenna.
3. The device of claim 2, wherein the controller distributes power to the at least one sensor wirelessly via a transmission from the controller antenna to the sensor antenna.
9. The device of claim 8, wherein the at least one sensor is configured to receive wireless power from the controller through a structure that divides the locations of the at least one sensor and the controller.
4. The device of claim 3, wherein the at least one sensor is configured to receive wireless power from the controller through a structure that divides the locations of the at least one sensor and the controller.
10. The device of claim 9, wherein the structure comprises at least one panel, and wherein the device is configured to operate in conjunction with the at least one panel, wherein the at least one panel defines an interior or first environment that the at least one sensor monitors and an exterior or second environment where the controller is located.
5. The device of claim 4, wherein the structure comprises at least one panel, and wherein the device is configured to operate in conjunction with the at least one panel, wherein the at least one panel defines an interior or first environment that the at least one sensor monitors and an exterior or second environment where the controller is located.
11. The device of claim 10, wherein the controller wirelessly powers the at least one sensor via transmission through the structure of a wireless signal.
6. The device of claim 5, wherein the controller wirelessly powers the at least one sensor via transmission through the structure of a wireless signal.
12. The device of claim 9, wherein the structure comprises at least one wall defining an interior and an exterior, a containment space, and wherein the at least one wall defines at least in part the containment space, and wherein the at least one sensor is configured to monitor the containment space, and wherein the controller wirelessly powers the at least one sensor through the at least one wall.
7. The device of claim 4, wherein the structure comprises at least one wall defining an interior and an exterior, a containment space, and wherein the at least one wall defines at least in part the containment space, and wherein the at least one sensor is configured to monitor the containment space, and wherein the controller wirelessly powers the at least one sensor through the at least one wall.
13. The device of claim 11, wherein the at least one sensor receives wireless power from the controller through the panel of the structure.
8. The device of claim 6, wherein the at least one sensor receives wireless power from the controller through the panel of the structure.
14. The device of claim 12, wherein the at least one sensor is configured to operate within the containment space, and wherein the controller is configured to operate outside of the containment space.
9. The device of claim 7, wherein the at least one sensor is configured to operate within the containment space, and wherein the controller is configured to operate outside of the containment space.
15. The device of claim 1, wherein the controller comprises a phone.
10. The device of claim1, wherein the controller comprises a phone.
16. The device of claim 15, wherein the phone comprises a wireless power transmitting circuit.
11. The device of claim 10, wherein the phone comprises a wireless power transmitting circuit.
17. The device of claim 1, wherein the controller contains a Wi-Fi capable component.
12. The device of claim 1, wherein the controller contains a Wi-Fi capable component.
18. The device of claim 1, wherein the controller includes controlling circuitry and wherein the controlling circuitry generates a first driving frequency.
13. The device of claim 1, wherein the controller includes controlling circuitry and wherein the controlling circuitry generates a first driving frequency.
19. The device of claim 18, wherein the controlling circuitry of the controller generates a second driving frequency.
14. The device of claim 13, wherein the controlling circuitry of the controller generates a second driving frequency.
20. The device of claim 1, wherein the sensor circuitry comprises a capacitor and a coil.
15. The device of claim 1, wherein the sensor circuitry comprises a capacitor and a coil.
21. The device of claim 1, wherein the controlling circuitry of the controller generates a driving frequency, wherein the sensor circuitry comprises a capacitor and a coil, wherein the combination of capacitance of the sensor circuitry capacitor and coil inductance of the sensor circuitry coil has a resonant frequency that matches the driving frequency of the controller.
16. The device of claim 1, wherein the controlling circuitry of the controller generates a driving frequency, wherein the sensor circuitry comprises a capacitor and a coil, wherein the combination of capacitance of the sensor circuitry capacitor and coil inductance of the sensor circuitry coil has a resonant frequency that matches the driving frequency of the controller.
22. The device of claim 21, wherein the combination of capacitance of the sensor circuitry capacitor and coil inductance of the sensor circuitry coil has a resonant frequency which matches a proportion of the driving frequency of the controller.
17. The device of claim 16, wherein the combination of capacitance of the sensor circuitry capacitor and coil inductance of the sensor circuitry coil has a resonant frequency which matches a proportion of the driving frequency of the controller.
23. The device of claim 22, wherein the driving frequency of the controller is adjustable.
18. The device of claim 17, wherein the driving frequency of the controller is adjustable.
24. The device of claim 1, wherein the sensor includes at least one detecting portion, and wherein the sensor circuitry is preferably hermetically sealed except for the detecting portion of the sensor.
19. The device of claim 1, wherein the sensor includes at least one detecting portion, and wherein the sensor circuitry is preferably hermetically sealed except for the detecting portion of the sensor.
25. The device of claim 1, wherein the controller comprises controller circuitry and wherein the controller circuitry comprises a pulse-generator or sine-wave generator which generates a driving frequency.
20. The device of claim 1, wherein the controller comprises controller circuitry and wherein the controller circuitry comprises a pulse-generator or sine-wave generator which generates a driving frequency.
26. The device of claim 25, wherein the pulse or sine wave generated by the pulse- generator or sine-wave generator is sent to a capacitor-coil combination whose resonant frequency matches the generated signal.
21. The device of claim 20, wherein the pulse or sine wave generated by the pulse- generator or sine-wave generator is sent to a capacitor-coil combination whose resonant frequency matches the generated signal.
27. The device of claim 1, wherein the at least one sensor comprises a plurality of sensors, and wherein each sensor of the plurality of sensors is configured to sense at least one condition different from that of another sensor of the plurality of sensors.
22. The device of claim 1, wherein the at least one sensor comprises a plurality of sensors, and wherein each sensor of the plurality of sensors is configured to sense at least one condition different from that of another sensor of the plurality of sensors.
Claim 2 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 1 of the co-pending application.
Claim 3 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 1 of the co-pending application.
Claim 4 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 1 of the co-pending application.
Claim 5 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 1 of the co-pending application.
Claim 6 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 1 of the co-pending application.
Claim 7 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 2 of the co-pending application.
Claim 8 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 3 of the co-pending application.
Claim 9 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 4 of the co-pending application.
Claim 10 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 5 of the co-pending application.
Claim 11 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 6 of the co-pending application.
Claim 12 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 7 of the co-pending application.
Claim 13 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 8 of the co-pending application.
Claim 14 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 9 of the co-pending application.
Claim 15 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 10 of the co-pending application.
Claim 16 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 11 of the co-pending application.
Claim 17 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 12 of the co-pending application.
Claim 18 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 13 of the co-pending application.
Claim 19 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 14 of the co-pending application.
Claim 20 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 15 of the co-pending application.
Claim 21 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 16 of the co-pending application.
Claim 22 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 17 of the co-pending application.
Claim 23 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 18 of the co-pending application.
Claim 24 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 19 of the co-pending application.
Claim 25 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 20 of the co-pending application.
Claim 26 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 21 of the co-pending application.
Claim 27 of the present application is further rejected for the same reasons as claim 1 above, in view of claim 22 of the co-pending application.
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 112
Applicant’s amendments to Claims 1-27 overcomes the previous rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. The rejection is hereby withdrawn.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-14, 17-25, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Bommer et al. (U.S. 2015/0022373 A1) in view of Trabish et al. (U.S. 2020/0405150 A1).
Claim 1, Bommer teaches:
A device for sensing conditions (Bommer, Fig. 2: 200) the device comprising:
a) at least one sensor (Bommer, Fig. 2: 212) that senses at least one condition of an environment (Bommer, Paragraph [0086], One example implementation involves placing the sensor units in a fuel tank 224 but may be placed in other locations 222 (see Bommer, Fig. 2: 224, Paragraphs [0058] and [0094]).), the at least one sensor including circuitry configured to receive power wirelessly and to communicate the at least one sensed condition wirelessly to another device (Bommer, Fig. 2: 216, 220, Paragraphs [0063-0064], The sensor units 212 receive power from the wireless power signals 216 and transmit collected sensor data via the wireless response signals 220.);
b) a controller that powers at least one sensor (Bommer, Fig. 2: 208, 210, Paragraph [0056], The wireless system 210 transmits a number of power signals 216 under a control of sensor controller 208. The combination of sensor controller 208 and wireless system 210 is functionally equivalent to a controller that powers at least one sensor.);
c) wherein the controller wirelessly powers the at least one sensor, and wherein the sensor circuitry is configured to receive the power wirelessly from the controller (Bommer, Fig. 2: 216, 220, Paragraphs [0063-0064], The sensor units 212 wirelessly receive wireless power signals 216 from the wireless system 210 via the sensor controller 208 (see Bommer, Paragraph [0056]).); and
d) wherein the controller is spaced apart from the at least one sensor that permits the controller to provide wireless power to the at least one sensor (Bommer, Fig. 2: 216, 220, Paragraphs [0063-0064], The sensor units 212 receive power from the wireless power signals 216 and transmit collected sensor data via the wireless response signals 220.),
e) wherein the at least one sensor contains at least one capacitor for storing power (Bommer, Paragraph [0150], The power system includes an energy storage device such as a capacitor. The Examiner notes that the power system 1204 is a part of electric circuit 1104 (see Bommer, Fig. 12), wherein the electric circuit 1104 is implemented for sensor units 1100 which represent sensor units 212 (see Bommer, Paragraphs [0124-0125]).); and
f) wherein the at least one capacitor can be charged by wireless power from said another device (Bommer, Paragraph [0150], The power system includes an energy storage device such as a capacitor. The Examiner notes that the power system 1204 is a part of electric circuit 1104 (see Bommer, Fig. 12), wherein the electric circuit 1104 is implemented for sensor units 1100 which represent sensor units 212 (see Bommer, Paragraphs [0124-0125]).).
Bommer does not explicitly teach:
The controller is spaced apart from the sensor a distance; and
f) wherein the at least one capacitor can be charged by wireless power handshake attempts by said another device.
However, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the location of the sensor controller(s) to be at a distance from the corresponding sensor units. Such a modification would not change the principal operation of the system, as a whole, and would yield predictable results. See MPEP 2144.04.
Trabish teaches:
Energy harvesting during handshake attempts by another device (Trabish, Paragraph [0164], Device 564 harvests energy from radio frequency signals from device 562 during handshaking attempts between device 564 and 562.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, by integrating the teaching of energy harvesting during handshaking as taught by Trabish.
The motivation would be to increase the amount of energy that may be harvested by utilizing multiple channels (see Trabish, Paragraph [0164]). The Examiner notes that step f) recites “can be charged”, therefore the limitations of f) are interpreted as being optional, i.e. the capacitor is required to be able to be charged by wireless power handshake attempts but does not necessarily need the energy from said wireless power handshake attempts.
Claim 2, Bommer in view of Trabish further teaches:
The device of claim 1, wherein the at least one sensor receives power wirelessly from the controller even where the sensor and wireless controller do not contain the same wireless standard, or where the sensor does not recognize the wireless power standard being used by the controller (Bommer, Paragraphs [0063-0064], During transmission and reception of the wireless power signals 216, the sensor units 212 do not receive data indicating the wireless power standard being used by the controller, therefore it would have been obvious to one of ordinary skill in the art that the sensor units 212 may or may not recognize the wireless power standard being used by the controller.).
Claim 3, Bommer in view of Trabish further teaches:
The device of claim 2, wherein the at least one capacitor is used to store a charge for powering the at least one sensor (Bommer, Paragraph [0150], The power system 1204 is a part of electric circuit 1104 (see Bommer, Fig. 12), wherein the electric circuit 1104 is implemented for sensor units 1100 which represent sensor units 212 (see Bommer, Paragraphs [0124-0125]).).
Claim 4, Bommer in view of Trabish further teaches:
The device of claim 3, wherein the at least one sensor uses the at least one capacitor's stored charge only after it has reached a specified voltage (Bommer, Paragraph [0150], The power system 1204 is a part of electric circuit 1104 (see Bommer, Fig. 12), wherein the electric circuit 1104 is implemented for sensor units 1100 which represent sensor units 212 (see Bommer, Paragraphs [0124-0125]). It would have been obvious to one of ordinary skill in the art for the energy stored in the capacitor to have to reach a voltage greater than 0, i.e. a specified voltage, in order for usable energy to be provided by the power system.).
Claim 5, Bommer in view of Trabish further teaches:
The device of claim 4, wherein the specified voltage is higher than the operating voltage of the at least one sensor (Bommer, Paragraph [0150], The power system 1204 is a part of electric circuit 1104 (see Bommer, Fig. 12), wherein the electric circuit 1104 is implemented for sensor units 1100 which represent sensor units 212 (see Bommer, Paragraphs [0124-0125]). In one embodiment, a controller is configured to send voltage to a sensor (see Bommer, Paragraph [0161]). Thus, it would have been obvious to one of ordinary skill in the art, at the time of filing, for the controller to send a voltage that is equal to or greater than the operating voltage of the sensor. Such a modification would ensure that the voltage is sufficient to operate the sensor, thereby ensuring that the system operates for its intended purpose. Such a modification would therefore yield predictable results.).
Claim 6, Bommer in view of Trabish further teaches:
The device of claim 1, wherein the at least one sensor contains at least one capacitor for storing power (Bommer, Paragraph [0150], The power system 1204 is a part of electric circuit 1104 (see Bommer, Fig. 12), wherein the electric circuit 1104 is implemented for sensor units 1100 which represent sensor units 212 (see Bommer, Paragraphs [0124-0125]).);
wherein the at least one capacitor is used to store a charge for powering the at least one sensor (Bommer, Paragraph [0150], The power system 1204 is a part of electric circuit 1104 (see Bommer, Fig. 12), wherein the electric circuit 1104 is implemented for sensor units 1100 which represent sensor units 212 (see Bommer, Paragraphs [0124-0125]).); and
wherein the at least one sensor uses the at least one capacitor's stored charge only after it has reached a specified voltage (Bommer, Paragraph [0150], The power system 1204 is a part of electric circuit 1104 (see Bommer, Fig. 12), wherein the electric circuit 1104 is implemented for sensor units 1100 which represent sensor units 212 (see Bommer, Paragraphs [0124-0125]). It would have been obvious to one of ordinary skill in the art for the energy stored in the capacitor to have to reach a voltage greater than 0, i.e. a specified voltage, in order for usable energy to be provided by the power system.).
Claim 7, Bommer in view of Trabish further teaches:
The device of claim 1, wherein the at least one sensor includes an antenna (Bommer, Fig. 4: 404, Paragraph [0074], The sensor unit 400 is an example of a sensor unit in sensor units 212 of Fig. 2 (see Bommer, Paragraph [0072]).), and wherein the controller includes an antenna (Bommer, Fig. 3: 302, Paragraph [0069]).
Claim 8, Bommer in view of Trabish further teaches:
The device of claim 7, wherein the controller distributes power to the at least one sensor wirelessly via a transmission from the controller antenna to the sensor antenna (Bommer, Fig. 2: 216, Paragraphs [0059] and [0076]).
Claim 9, Bommer in view of Trabish further teaches:
The device of claim 8, wherein the at least one sensor is configured to receive wireless power from the controller through a structure that divides the locations of the at least one sensor and the controller (Bommer, Fig. 2: 222, 224, Paragraph [0058], The sensor units 212 may be located in locations 222, which include fuel tank 224. Bommer only explicitly defines the sensor units 212 to be located at locations 222, e.g. in the fuel tank. It would have been obvious to one of ordinary skill in the art for the sensor controller 208 to be located outside of and/or adjacent to the fuel tank 224, as a matter of engineering/design choice. See MPEP 2144.04. Therefore, the fuel tanks establish a structure that divides the sensor units 212 from the sensor controller 208 and the wireless system 210. Additionally, it would have been obvious to one of ordinary skill in the art for the sensor controller 208 and wireless system 210 to be capable of transmitting/receiving signals with the sensor units 212 through the structure in order to maintain the wireless capabilities of the aircraft while reducing weight (see Bommer, Paragraph [0041]). For example, fuel tanks may be equipped with radio frequency windows 800 (see Bommer, Paragraphs [0097-0098]).).
Claim 10, Bommer in view of Trabish further teaches:
The device of claim 9, wherein the structure comprises at least one panel, and wherein the device is configured to operate in conjunction with the at least one panel, wherein the at least one panel defines an interior or first environment that the at least one sensor monitors and an exterior or second environment where the controller is located (Bommer, Fig. 1: 124, 126, Paragraph [0058], The outer portions of the fuel tanks are functionally equivalent to panels. The outer portions of the fuel tanks separate the fuel tank from the remainder of the aircraft, e.g. the wings 102 and 104. Thus, it would have been obvious to one of ordinary skill in the art, at the time of filing, to place the sensor controller 208 and wireless system 210 in a location that is communicative with sensor units 212, e.g. in the wings 102 and 104. Such a modification would ensure that the system functions according to its intended purpose.).
Claim 11, Bommer in view of Trabish further teaches:
The device of claim 10, wherein the controller wirelessly powers the at least one sensor via transmission through the structure of a wireless signal (Bommer, Fig. 2: 222, 224, Paragraph [0058], The sensor units 212 may be located in locations 222, which include fuel tank 224. Bommer only explicitly defines the sensor units 212 to be located at locations 222, e.g. in the fuel tank. It would have been obvious to one of ordinary skill in the art for the sensor controller 208 to be located outside of and/or adjacent to the fuel tank 224, as a matter of engineering/design choice. See MPEP 2144.04. Therefore, the fuel tanks establish a structure that divides the sensor units 212 from the sensor controller 208 and the wireless system 210.).
Claim 12, Bommer in view of Trabish further teaches:
The device of claim 9, wherein the structure comprises at least one wall defining an interior and an exterior, a containment space, and wherein the at least one wall defines at least in part the containment space, and wherein the at least one sensor is configured to monitor the containment space, and wherein the controller wirelessly powers the at least one sensor through the at least one wall (Bommer, Fig. 2: 222, 224, Paragraph [0058], The sensor units 212 may be located in locations 222, which include fuel tank 224. Bommer only explicitly defines the sensor units 212 to be located at locations 222, e.g. in the fuel tank. It would have been obvious to one of ordinary skill in the art for the sensor controller 208 to be located outside of and/or adjacent to the fuel tank 224, as a matter of engineering/design choice. See MPEP 2144.04. Therefore, the fuel tanks establish a structure that divides the sensor units 212 from the sensor controller 208 and the wireless system 210. With respect to the tanks, the tanks establish an interior and containment space, i.e. where the fuel is stored, at least one wall, i.e. the outer portion of the tank, and an exterior, i.e. in the wings where the fuel tanks are located.).
Claim 13, Bommer in view of Trabish further teaches:
The device of claim 11, wherein the at least one sensor receives wireless power from the controller through the panel of the structure (Bommer, Fig. 1: 124, 126, Paragraph [0058], The outer portions of the fuel tanks are functionally equivalent to panels. The outer portions of the fuel tanks separate the fuel tank from the remainder of the aircraft, e.g. the wings 102 and 104. Thus, it would have been obvious to one of ordinary skill in the art, at the time of filing, to place the sensor controller 208 and wireless system 210 in a location that is communicative with sensor units 212, e.g. in the wings 102 and 104. Such a modification would ensure that the system functions according to its intended purpose.).
Claim 14, Bommer in view of Trabish further teaches:
The device of claim 12, wherein the at least one sensor is configured to operate within the containment space, and wherein the controller is configured to operate outside of the containment space (Bommer, Fig. 2: 222, 224, Paragraph [0058], The sensor units 212 may be located in locations 222, which include fuel tank 224. Bommer only explicitly defines the sensor units 212 to be located at locations 222, e.g. in the fuel tank. It would have been obvious to one of ordinary skill in the art for the sensor controller 208 to be located outside of and/or adjacent to the fuel tank 224, as a matter of engineering/design choice. See MPEP 2144.04. Therefore, the fuel tanks establish a structure that divides the sensor units 212 from the sensor controller 208 and the wireless system 210. With respect to the tanks, the tanks establish an interior and containment space, i.e. where the fuel is stored, at least one wall, i.e. the outer portion of the tank, and an exterior, i.e. in the wings where the fuel tanks are located.).
Claim 17, Bommer in view of Trabish further teaches:
The device of claim 1, wherein the controller contains a Wi-Fi capable component (Bommer, Paragraphs [0054-0055], It would have been obvious to one of ordinary skill in the art, at the time of filing, for the wireless system 210, which includes radio frequency signals or other suitable types of wireless signals, to be Wi-Fi capable, i.e. for the wireless network to be a Wi-Fi network. Such a modification would not change the principal operation of the system, as a whole, and would yield predictable results.).
Claim 18, Bommer in view of Trabish further teaches:
The device of claim 1, wherein the controller includes controlling circuitry (Bommer, Paragraphs [0052-0053]) and wherein the controlling circuitry generates a first driving frequency (Bommer, Paragraph [0086], A first radio frequency signal to power a respective sensor is functionally equivalent to a first radio frequency signal having a first driving frequency. For example, during a power state 1010, power may be transmitted at a power level 1014 in order to provide power to the sensors (see Bommer, Fig. 10, Paragraph [0114]).).
Claim 19, Bommer in view of Trabish further teaches:
The device of claim 18, wherein the controlling circuitry of the controller generates a second driving frequency (Bommer, Paragraph [0086], A second or subsequent radio frequency signal to power a respective sensor is functionally equivalent to a second radio frequency signal having a second driving frequency.).
Claim 20, Bommer in view of Trabish further teaches:
The device of claim 1, wherein the sensor circuitry comprises a capacitor (Bommer, Fig. 12; 1204, Paragraph [0150], The sensor unit includes electric circuit 1104 (see Bommer, Paragraph [0125) and the power system 1204 of electric circuit 1104 includes a capacitor.) and a coil (Bommer, Fig. 4: 404, Antennas of the sensor unit(s) are functionally equivalent to a coil.).
Claim 21, Bommer in view of Trabish further teaches:
The device of claim 1, wherein the controlling circuitry of the controller generates a driving frequency (Bommer, Paragraph [0086], A radio frequency signal to power a respective sensor is functionally equivalent to a radio frequency signal having a first driving frequency.), wherein the sensor circuitry comprises a capacitor (Bommer, Fig. 12; 1204, Paragraph [0150], The sensor unit includes electric circuit 1104 (see Bommer, Paragraph [0125) and the power system 1204 of electric circuit 1104 includes a capacitor.) and a coil (Bommer, Fig. 4: 404, Antennas of the sensor unit(s) are functionally equivalent to a coil.), wherein the combination of capacitance of the sensor circuitry capacitor and coil inductance of the sensor circuitry coil has a resonant frequency that matches the driving frequency of the controller (Bommer, Paragraph [0086], It would have been obvious to one of ordinary skill in the art, at the time of filing, for the antennas of the sensor units to operate at a resonant frequency that matches the frequency of the transmitted signals from wireless system 210 via sensor controller 208. Such a modification would ensure that the system operates for its intended purpose, i.e. the sensor units being able to receive power from the wireless power signals 216 and the sensor units being able to receive and respond to wireless data collection signals 218.).
Claim 22, Bommer in view of Trabish further teaches:
The device of claim 21, wherein the combination of capacitance of the sensor circuitry capacitor and coil inductance of the sensor circuitry coil has a resonant frequency which matches a proportion of the driving frequency of the controller (Bommer, Paragraph [0086], It would have been obvious to one of ordinary skill in the art, at the time of filing, for the antennas of the sensor units to operate at a resonant frequency that matches the frequency of the transmitted signals from wireless system 210 via sensor controller 208. Such a modification would ensure that the system operates for its intended purpose, i.e. the sensor units being able to receive power from the wireless power signals 216 and the sensor units being able to receive and respond to wireless data collection signals 218.).
Claim 23, Bommer in view of Trabish further teaches:
The device of claim 22.
Bommer in view of Trabish does not specifically teach:
Wherein the driving frequency of the controller is adjustable.
However, it would have been obvious to one of ordinary skill in the art, at the time of filing, to make the frequency of the radio frequency signals transmitted by the wireless system 210 via sensor controller 208 adjustable, as a matter of engineering choice. Such a modification would not change the principal operation of the system, as a whole, and would yield predictable results. See MPEP 2144.04.
Claim 24, Bommer in view of Trabish further teaches:
The device of claim 1, wherein the sensor includes at least one detecting portion (Bommer, Fig. 4: 410, Fig. 11: 1108, Paragraph [0127], Sensor unit 1100 is another example of an implementation for a sensor unit in sensor units 212 (see Bommer, Paragraph [0124]).), and wherein the sensor circuitry is preferably hermetically sealed except for the detecting portion of the sensor (Bommer, Paragraph [0139], The sensor unit 1100 includes a barrier structure 1116 that is substantially sealed from allowing elements outside of barrier structure 1116 from entering the interior of barrier structure 1116.).
Claim 25, Bommer in view of Trabish further teaches:
The device of claim 1, wherein the controller comprises controller circuitry (Bommer, Paragraph [0052]) and a pulse (Bommer, Fig. 10: 1006, Paragraph [0111], Line 1006 represents the power in radio frequency signals transmitted by the readers.).
Bommer in view of Trabish does not explicitly teach:
Wherein the controller circuitry comprises a pulse-generator or sine-wave generator which generates a driving frequency.
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, for the system in Bommer to have a pulse-generator for generating the pulse (see Bommer, Fig. 10: 1006), which is used by the system to power the sensors. Such a modification would not change the principal operation of the system, as a whole, and would yield predictable results.
Claim 27, Bommer in view of Trabish further teaches:
The device of claim 1, wherein the at least one sensor comprises a plurality of sensors (Bommer, Paragraph [0109]), and wherein each sensor of the plurality of sensors is configured to sense at least one condition different from that of another sensor of the plurality of sensors (Bommer, Paragraph [0109]).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Bommer et al. (U.S. 2015/0022373 A1) in view of Trabish et al. (U.S. 2020/0405150 A1) in view of Fromm et al. (U.S. 2017/0126282 A1).
Claim 15, Bommer in view of Trabish further teaches:
The device of claim 1, wherein the controller comprises software, hardware, firmware, or a combination thereof (Bommer, Paragraphs [0052-0053]).
Bommer in view of Trabish does not explicitly teach:
A phone.
Fromm teaches:
A smartphone used to power one or more sensor devices (see Fromm, Paragraph [0055]).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the sensor controller of Bommer in view of Trabish by substituting the teaching of a smartphone, as taught by Fromm.
The motivation would be to utilize an NFC protocol that includes attractive features including simultaneous wireless power transfer and communication, unrestricted and considered safe for human exposure (see Fromm, Paragraph [0054]).
Claim 16, Bommer in view of Trabish in view of Fromm further teaches:
The device of claim 15, wherein the phone comprises a wireless power transmitting circuit (Fromm, Paragraphs [0055-0057], The NFC hardware transmits the signals to the sensor devices.).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Bommer et al. (U.S. 2015/0022373 A1) in view of Trabish et al. (U.S. 2020/0405150 A1) in view of Rokhsaz et al. (U.S. 2018/0037070 A1).
Claim 26, Bommer in view of Trabish further teaches:
The device of claim 25, wherein the pulse or sine wave generated by the pulse- generator or sine-wave generator is sent to the sensors (Bommer, Paragraph [0111])..
Bommer in view of Trabish does not explicitly teach:
A capacitor-coil combination whose resonant frequency matches the generated signal.
Rokhsaz teaches:
An impedance matching circuitry (Rokhsaz, Paragraph [0042]).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the system in Bommer in view of Trabish by integrating the teaching of an impedance matching circuit, as taught by Rokhsaz.
The motivation would be to ensure direct communication between two wireless transmitters (see Rokhsaz, Paragraph [0007]).
Response to Arguments
Applicant’s arguments filed 01/12/2026 have been fully considered but are moot in view of the new grounds of rejection, necessitated by the Applicant’s amendment. Additionally, with respect to Applicant’s arguments on Pages 7-8 regarding the Applicant’s amendment to claim 1 to include step f), the details of Paragraph [0084-0086] of the Applicant’s specification are not entirely read into the amendment of claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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.
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/JAMES J YANG/Primary Examiner, Art Unit 2686