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 .
DETAILED ACTION
This communication is a non-final action in response to application filed on 12/12/2023. Claims 1-20 are pending.
Information Disclosure Statement
The IDS filed on 12/12/2023 has been considered.
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 1-20 are rejected under 35 U.S.C. 101 because they recite an abstract idea without significantly more.
Step 2A prong 1
As per claim 1, examiner believes the following limitations recites an abstract idea
monitoring … for presence of liquid …;
determining when liquid is detected …; and,
reporting presence of liquid when liquid is detected …, the reporting being via [generation of a sequence of light flashes]
the sequence of light flashes being based upon a unique signal generation parameter.
The above limitation shows a series of steps of generating notification for detecting liquid where the generation is based on a predetermined parameter. This can be performed as mental processes by a person using pen and paper. Examiner notes that determining a sequence using pseudo random number generator can be deciding a pattern based on a series of pseudo random seed codes and therefore can be performed by a person with help of pen and paper. Therefore, claim 1 recites an abstract idea.
Step 2A prong 2
The additional elements of claim 1 includes physical computer hardware that is being monitored and the physical light that generates the report. These elements merely serve as the operating environment or a particular form of reporting. These are merely generally linking the abstract idea into a particular field of use, whether viewed individually or as an ordered combination. Therefore, they would not integrate the abstract idea into practical application whether viewed individually or as an ordered combination.
Step 2B
As shown above, of which the analysis is still applicable in step 2B, the additional elements are merely generally linking the abstract idea into a particular field of use, whether viewed individually or as an ordered combination. Therefore, they also would not provide significantly more than an abstract idea either. Therefore, claim 1 is not eligible.
Claims 2-6 merely describing more rules that can be performed manually with help of pen and paper using additional elements that can be similarly analyzed as claim 1. Claims 8-18 can be similarly analyzed as well. Claims 19-20 merely further limit the operating environment into a particular setup, which would be analyzed similarly as claim 1. These claims are not eligible.
Examiner notes a combined scope of claim 6 and claim 4 (or claim 5) would likely serve as a good basis claim for overcoming 101 rejections. As currently claimed, claims 6 and 4-5 are evaluated individually and they’re written as a result-oriented. These would be merely claiming a result without claiming the underlying process. A combination of these claims with a modified claim language to recite actively using the one or more characteristics in claim 4 (or how spreading sine wave into broadband signal) to ensure lack of interference (claim 6) would likely make the claim eligible as these are likely to improve technology.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 7, 13, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stumpf (US 20220291072) in view of Benton (US 20230034481)
As per claim 1, Stempf discloses a method for reporting presence of liquid within an information handling system, comprising:
monitoring an information handing system chassis for presence of liquid within the information handing system chassis (Fig. 2 and 0013-0018);
determining when liquid is detected within the chassis of the information handing system chassis (0016-0017); and,
reporting presence of liquid when liquid is detected within the information handling system chassis (0018, provide indication),
Stumpf discloses having LEDs and that LEDs can be used as indicators (0013), where LEDs can generate unique patterns (0015); however, Stumpf does not explicitly disclose these LEDs that generate unique patterns can be used to create indicators.
Benton teaches using light signal to indicate status of an IOT device that can detect pipe leaks (0355, sensor uses light indicator to provide status. See 0229 for pipe leakage sensing application).
Therefore, it would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to use Stumpf’s LEDs having ability to create unique pattern with Benton’s application of using lights to show status for the purpose of communicating information to users.
Claims 7 and 13 contains limitations that are substantially similar to claim 1 and are rejected under similar rationale set forth above.
As per claim 19, Stumpf further discloses the non-transitory, computer-readable storage medium of claim 13, wherein:
the computer executable instructions are deployable to a client system from a server system at a remote location (see 0025 that system can includes network interface connecting to other device. See 0032 for detail on operating it as a management service using tools such as API. Examiner notes “deployable to a client system from a server system at a remote location” are intended use language where a computer with network interface would be capable of performing as such).
As per claim 20, Stumpf further discloses the non-transitory, computer-readable storage medium of claim 13, wherein:
the computer executable instructions are provided by a service provider to a user on an on-demand basis (See 0032 for detail on operating it as a management service using tools such as API.).
Claim(s) 2-3, 8-9, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stumpf (US 20220291072) in view of Benton (US 20230034481), further in view of Youn (US 20100061557)
As per claim 2, Stumpf does not disclose the method of claim 1, wherein:
the unique signal generation parameter is based upon a pseudo random number code selected from a plurality of pseudo random number codes.
Youn teaches a sensor network each having a unique random key where its keys are selected from a plurality of pseudo random number codes (0014).
Therefore, it would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to combine Stumpf/Benton’s leak detection system with Youn’s usage of pre-generated random key pools and selecting a random key from key pool to distribute unique pattern for the purpose of distributing random numbers with reduced calculation ability (Youn: 0008).
As per claim 3, Stumpf further discloses the method of claim 2, wherein:
the plurality of pseudo random number codes are selected based upon a plurality of selection characteristics (0012, patterns can be provided at particular frequency, duty cycle, and more complex pattern as desired).
The rationale to combine would persist.
Claims 8-9, 14-15 contain limitations substantially similar to claims 2-3 and are rejected under similar rationale set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE CHEN whose telephone number is (571)270-5499. The examiner can normally be reached Monday-Friday, 8:30 AM -5:00 PM Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached at 571-270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GEORGE CHEN
Primary Examiner
Art Unit 3628
/GEORGE CHEN/Primary Examiner, Art Unit 3628