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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Claims 23, 24, 26, 30, 32, 33 and 35 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3 March 2026.
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.
Claim 19 is 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.
Regarding claim 19, the claim recites the limitation that the hydration sensor derives data from a person “in close proximity” to the monitor, however it is not clear as to what would be considered “close” versus far.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 8, 10, 17, 19 and 21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Saltzgiver et al US 2016/0025545.
Regarding claim 1, Saltzgiver discloses, as seen in fig. 1, a hydration monitor comprising a container 14 for holding and dispensing a hydration liquid 16, a volume sensor 18 operable to derive data dependent on the current quantity of the hydration liquid in the container (the sensor determines a liquid level), and a location sensor operable to derive data dependent on the current location of the container (the tracking application may monitor a geolocation of the user, paragraph 0075). Further, the present application defines the location sensor as comprising a communication device such as Bluetooth in container, and a receiver device in a second element such as a base or hub. Saltzgiver teaches in paragraphs 0027 and 0046, the use of a Bluetooth or WiFi connection between the bottle and another element such as a mobile user device or home network which would only connect when the signal is within the location range, thereby reading on the claimed location sensor.
Regarding claim 2, Saltzgiver comprises a memory 94 (paragraph 0043) for storing the data in the system which is representative of the current quantity of hydration liquid in the container (paragraph 0060). Since the present application defines the current location as being based on a connection between the container and a secondary unit, Saltzgiver teaches the limitation since it provides a Bluetooth or Wi-Fi connection between the container and an additional element such as a home network or mobile device wherein the existence or lack of a connection would indicate the location of the device.
Regarding claim 3, the volume sensor of Saltzgiver is operable to derive data representative of the current quantity of hydration liquid in the container in accordance with reflections from a surface of the hydration liquid received by a receiver of an audio beam transmitted from a transmitter (the sensor of Saltzgiver is an ultrasonic sensor which transmits from a transmitter 58, paragraphs 0034-0038).
Regarding claim 4, the volume sensor of Saltzgiver is located above or at the top of the container as claimed (see fig. 1).
Regarding claim 5, the volume sensor of Saltzgiver is configured to transmit a beam of ultrasonic pulses through the hydration fluid for downward reflection from an under-surface of the hydration liquid to a receiver as claimed (paragraphs 0026, 0038).
Regarding claim 8, the present application discloses the first part of the location sensor as being a Bluetooth or wi-fi communication device within the container. Saltzgiver teaches a similar Bluetooth or similar connection for connecting to a local area network within a home (paragraph 0027) which would be a relatively fixed location relative to the container. Therefore, the structure of the Saltzgiver reference reads on the location sensor elements and the claim in its entirety.
Regarding claim 10, Saltzgiver teaches an orientation sensor in the form of a tilt sensor (paragraph 0047).
Regarding claim 17, Saltzgiver comprises a lid 12 which is arrangeable at least partially over an internal volume of the container as claimed.
Regarding claim 19, Saltzgiver discloses at least one light source as claimed (paragraph 0061 discloses a display or light emitting diode indicating a user’s hydration).
Regarding claim 21, Saltzgiver discloses a data transfer device in the form of a radio transceiver or the mobile computing device which interact with a server 76 to transfer data stored in the memory as claimed.
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saltzgiver as applied to claim 1 above, and further in view of Huang et al. US 2014/0303790.
Regarding claim 12, Saltzgiver teaches a temperature sensor operable to derive data dependent on the current temperature of the in the container (paragraph 0049), but does not explicitly disclose the temperature as being of the liquid. Huang teaches a hydration monitor system including a container which monitors the volume of a fluid therein and the temperature of the fluid (paragraph 0022). It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Huang with those of Satlzgiver in order to provide an indication to the user of the liquid temperature inside the container prior to consumption in order to determine if it is at the desired temperature.
Claim(s) 5, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saltzgiver as applied to claim 1 above, and further in view of Marjanovic et al. US 2014/0311239.
Regarding claim 5, Saltzgiver teaches the claimed invention with the exception of deriving the volume of the container from the weight of the container and hydration liquid therein. Marjanovic teaches a Marjanovic teaches a hydration monitor comprising a container 880 and an attachment mechanism which comprises a weight sensor 840 for determining the weight of the container and the amount of liquid therein (paragraph 0018). It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Marjanovic with those of Saltzgiver in order to provide a liquid amount determination system which relied on the weight of the container to all for a container with fewer electronics and therefor a lighter overall weight.
Regarding claims 14 and 15, Saltzgiver teaches the claimed invention but does not explicitly disclose the combination of a container and a hub that are interengageable with each other as claimed. Marjanovic teaches a hydration monitor comprising a container 880 and an attachment mechanism in the form of a hub 870 which are interengageable with one another as seen in fig. 8. It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Marjanovic with those of Saltzgiver in order to provide many of the electronics in the hub which would allow for a smaller and lighter container which is more manageable to drink from.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mark A. Shabman whose telephone number is (571)272-8589. The examiner can normally be reached M-F 8:00-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK A SHABMAN/ Primary Examiner, Art Unit 2855
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