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
Claims 1-20 are presented for examination.
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.
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Claims 1, 3-11, and 13-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11957084. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim the same invention for controlling irrigation based on rainfall wherein causing an interruption of one or more watering schedules executed by an irrigation controller in response to weather data indicative of active rainfall and causing a removal of the interruption of the one or more watering schedules executed by the irrigation controller after a completion of a predetermined interval of time and without determining whether the rainfall accumulation amount is above the interrupt threshold or below the interrupt threshold in response to weather data indicative of a rainfall stop. A comparison between independent claim 1 of the current application and the independent claim 1 of the Patent is provided below for an example.
Current Application 18/604248
US Patent 11957084
Claim 1. A system for controlling irrigation based on rainfall, the system comprising:
an irrigation controller configured to execute one or more watering schedules and including a wireless transceiver; and
a mobile phone including a user interface with a touch sensitive display screen, a processing unit, and a memory storing executable code, wherein the wireless transceiver of the irrigation controller and the mobile phone communicate using a wireless network;
wherein the processing unit of the mobile phone is configured to:
cause the touch sensitive display screen to allow a user to input an interval of time during which an interruption of one or more watering schedules executed by the irrigation controller should continue to occur in response to weather data indicative of a rainfall stop in the location where the irrigation controller is installed; and
cause at least one signal to be transmitted to the irrigation controller, via the wireless network, the at least one signal configured to:
cause, in response to weather data indicative of active rainfall in the location where the irrigation controller is installed reaching an interrupt threshold that is associated with a preset rainfall accumulation amount, an interruption of one or more watering schedules executed by the irrigation controller; and
cause, in response to weather data indicative of the rainfall stop in the location where the irrigation controller is installed, a removal of the interruption of the one or more watering schedules executed by the irrigation controller after a completion of the interval of time input by the user via the touch sensitive display screen, without determining whether the rainfall accumulation amount is above the interrupt threshold or below the interrupt threshold.
Claim 1. A system for controlling irrigation based on rainfall, the system comprising:
an irrigation controller configured to execute one or more watering schedules and including a wireless transceiver;
a server remote to a location where the irrigation controller is installed, the server being in communication with the irrigation controller over a network, the network comprising a wireless local area network, wherein the wireless transceiver of the irrigation controller is communicationally coupled to the wireless local area network;
wherein the server includes a control unit configured to:
transmit a first signal to the irrigation controller, via the wireless local area network and the wireless transceiver,
to cause an interruption of one or more watering schedules executed by the irrigation controller in response to weather data indicative of active rainfall, in the location where the irrigation controller is installed, reaching an interrupt threshold that is associated with a preset rainfall accumulation amount; and
transmit a second signal to the irrigation controller, via the wireless local area network and the wireless transceiver, to cause a removal of the interruption of the one or more watering schedules executed by the irrigation controller after a completion of a predetermined interval of time and without determining whether the rainfall accumulation amount is above the interrupt threshold or below the interrupt threshold in response to weather data indicative of a rainfall stop in the location where the irrigation controller is installed.
Note: Though US Patent claim 1 does not specifically recite “a mobile phone”, US Patent specification discloses that generally, a server may be a stationary or portable electronic device, such as, a mobile phone [col. 102, lines 6-16].
Other claims 2, 12, and 15-20 are objected as being the dependent claims from rejected independent claims.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites limitation of “a mobile phone including a user interface with a touch sensitive display screen, a processing unit, and a memory storing executable code, wherein the wireless transceiver of the irrigation controller and the mobile phone communicate using a wireless network; by the processing unit of the mobile phone: causing the touch sensitive display screen to allow a user to input an interval of time during which an interruption of one or more watering schedules executed by the irrigation controller should continue to occur in response to weather data indicative of a rainfall stop in the location where the irrigation controller is installed” which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Examiner has noted that the specification does mention that a server may be a mobile phone but without going in details [para 0472].
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1 recites limitation of “a mobile phone including a user interface with a touch sensitive display screen, a processing unit, and a memory storing executable code, wherein the wireless transceiver of the irrigation controller and the mobile phone communicate using a wireless network; by the processing unit of the mobile phone: causing the touch sensitive display screen to allow a user to input an interval of time during which an interruption of one or more watering schedules executed by the irrigation controller should continue to occur in response to weather data indicative of a rainfall stop in the location where the irrigation controller is installed” which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Therefore, the examiner submits that it would require undue experimentation to make and/or use the claimed limitation.
Claims 11-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 11 recites limitation of “a mobile phone including a user interface with a touch sensitive display screen, a processing unit, and a memory storing executable code, wherein the wireless transceiver of the irrigation controller and the mobile phone communicate using a wireless network; by the processing unit of the mobile phone: causing the touch sensitive display screen to allow a user to input an interval of time during which an interruption of one or more watering schedules executed by the irrigation controller should continue to occur in response to weather data indicative of a rainfall stop in the location where the irrigation controller is installed” which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Examiner has noted that the specification does mention that a server may be a mobile phone but without going in details [para 0472].
Claims 11-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 11 recites limitation of “a mobile phone including a user interface with a touch sensitive display screen, a processing unit, and a memory storing executable code, wherein the wireless transceiver of the irrigation controller and the mobile phone communicate using a wireless network; by the processing unit of the mobile phone: causing the touch sensitive display screen to allow a user to input an interval of time during which an interruption of one or more watering schedules executed by the irrigation controller should continue to occur in response to weather data indicative of a rainfall stop in the location where the irrigation controller is installed” which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Therefore, the examiner submits that it would require undue experimentation to make and/or use the claimed limitation.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A. US-10638675 discloses an irrigation control module is described that adjusts a watering schedule for a connected irrigation controller based on weather data provided by a local weather station.
B. US-20160050860 discloses an irrigation software may include a hierarchical watering plan display, water pump adjustment, water pump efficiency profile use, a soil moisture interface, a historical flow interface, a demand ET interface, an instant program interface, an instant program interface, a manual irrigation interface, a precipitation management group interface, a rain schedule adjustment algorithm, a map-to-monitor button, a universal start time shift interface, and a conditional screen saver.
N. CN-105409732 discloses an invention relating to agricultural or forestry irrigation technology field, specifically to a smart phone, wireless transmission, an embedded program controller, a wireless solar irrigation system for GPS/plough positioning module and a solar power supply module to realize remote monitoring automatic irrigation.
O. CN-102499028 discloses a wireless intelligent irrigating system that can control connection and disconnection of the electromagnetic valve through mobile phone.
P. EP-2730159 discloses a system and method for controlling irrigation in response to a rain sensor.
Q. WO-2010068950 discloses an irrigation control system utilizing wirelessly transmitted data collected by soil moisture sensors and pre-scheduled watering time intervals.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURESH K SURYAWANSHI whose telephone number is (571)272-3668. The examiner can normally be reached M-F 8:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth M Lo can be reached at 5712729774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SURESH SURYAWANSHI/Primary Examiner, Art Unit 2116