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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 21, 2023 is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Page 16, lines19-20, “the beacons ((5) and (6))” should read as ----the beacons ((10) and (11))----.
Appropriate correction is required.
Claim Objections
Claim 20 is objected to because of the following informalities:
Claim 20, line 1, “A monitoring system for a server system the monitoring system including” should read as ---- A monitoring system for a server system, the monitoring system including----
Claim 22-35, line 1 “for a sewer system” should read as ----for the sewer system----
Claim 37, line 7, “the transmitting device can transmit” should read as ----the transmitting device configured to transmit---- after “wherein”, and line 10, “a signal path” should read as ----the signal path---- after “a signal along”.
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 20-37 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.
As per claim 20, it is unclear how the communication between the transmitter and receiver indicates an alert condition in the sewer system.
As per claims 20, 30 and 36, it has been held that the recitation that an element is "capable of" performing a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. In re Hutchison, 69 USPQ 138, 33 CCPA 879 (1946). MPEP 706.03(c). <The determination that is needed to be made here is whether the element by itself as disclosed in the specification is capable of performing the function without any adaptation or not. If it does then the term "capable of" is given weight>.
Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. (The following are examples of language that may raise a question as to the limiting effect of the language in a claim: (a) statements of intended use or field of use, (b) "adapted to" or "adapted for" clauses, (c) "wherein" clauses, or (d) "whereby" clauses. This list of examples is not intended to be exhaustive.
Claim 20 recites the limitation "the property" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "the position" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 25, the term "and/or" renders the claim scope ambiguous. The usage of “and/or” can make it unclear whether the claim requires both alternatives, either alternative, or leaves the selection to the reader without clear boundaries. When “and/or” ties together entire limitations (not just simple nouns), it can leave the metes and bounds uncertain because different combinations may satisfy the claim to different extents.
Claim 33 recites the limitation "the part" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 37 recites the limitation "the property" in line 7, “the access” in line 13, and “the steps” in line 15. There is insufficient antecedent basis for this limitation in the claim.
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) 20-33 and 36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pourzynal et al. (US 2021/0326614) in view of Maclean et al. (US 2018/0335297).
As per claim 20, Pourzynal et al. disclose a monitoring system (2, figures 1-8) for a sewer system (10, 12), the monitoring system including:
a head unit (24, figure 4A), the head unit including a housing (26, paragraph 0053) which contains:
at least one receiving device (20) having a signal path to backwater flow in the sewer system, and at least one communications device (112, figures 7-8) for transmitting a signal that could be indicative of an alert condition (paragraphs 0057-0058),
wherein the head unit in use is attached to an underside of a manhole cover (cleanout cap, 6, paragraph 0048) of the sewer system being monitored, and
the manhole cover has an aperture (28) into which part of the head unit is located within in use, to allow for RF transmission from the head unit (paragraphs 0053-0054).
at least one transmitting device positioned within the sewer system, and
Pourzynal et al. disclose the instant claimed invention except for the transmitting device being positioned such that a change in along the signal path from the transmitting device to the receiving device whether transmission, attenuation or blockage is indicative of an alert condition in the sewer system. Maclean et al. disclose an optical fluid level measurement system (figures 2-6) comprises a light source (126) located in an inner surface of a ceiling of a container (102) configured to direct emitted light down towards tank (104, paragraphs 0044-0045), a plurality of light sensors (116-124) located at predetermined positions (paragraphs 0062-0064) configured to a change in along the signal path from the transmitting device to the receiving device whether transmission, attenuation or blockage is indicative (paragraphs 0068-0069), and a processing system (410) configured to calculate a level of a liquid in the tank and displays the measured liquid height to a user interface system (414, 0072-0075). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to utilize the system as taught by Maclean et al. in a system as disclosed by Pourzynal et al. for the purpose of sensing the blockage of the liquid in order to measure the liquid level in the sewer system.
As per claim 21, Pourzynal et al., as modified disclose the blockage of the signal in the signal path that being indicative of an alert level on the user interface (414, figure 7).
As per claim 22. Pourzynal et al., as modified, disclose the transmitting device transmits a radio frequency signal (see abstract).
As per claim 23, Pourzynal et al. disclose the transmitting device is a beacon (114-124).
As per claim 24, Pourzynal et al. disclose each beacon has a unique identifier (paragraph 0061).
As per claim 25, Pourzynal et al. disclose the beacons (116-124) are installed at known lengths (60 mm) apart and the monitoring system determines the positioning and rate of flooding and/or water receding from detecting a signal or not from the beacons and their position (figure 5, paragraph 0063).
As per claim 26, Pourzynal et al. disclose the beacons are wireless (figures 2-6).
As per claim 27, Pourzynal et al., as modified, disclose the monitoring system utilizes a sampling frequency (see abstract).
As per claim 28, Pourzynal et al., as modified, disclose a sewer system the beacon has a smooth non-stick surface (figures 2-6).
As per claim 29, Pourzynal et al. disclose the beacon (116-124) being fixed to the underside of a climbing rung within the sewer system (figures 2).
As per claim 30, Pourzynal et al. disclose the communications device being communicate an alert signal (figure 3, paragraph 0052).
As per claim 31, Pourzynal et al. disclose the head unit sends regular signals to a server (52, figure 3, pargraph 0052).
As per claim 32, Pourzynal et al. disclose the aperture is covered with an RF transmissive cap (6, paragraph 0048).
As per claim 33, Pourzynal et al. disclose the part of the head unit which is located within the aperture is a locating pin (figure 4A).
As per claims 36-37, refer to claims 20-33 above.
Allowable Subject Matter
Claims 34-35 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAI T. NGUYEN whose telephone number is (571)272-2961. The examiner can normally be reached Mon-Fri: 9am-6pm.
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/TAI T NGUYEN/Primary Examiner, Art Unit 2685 May 29, 2026
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