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
1. The information disclosure statement (IDS) submitted on 1/18/2025 and is in compliance with the provisions of 37 CFR 1.97. According, the information disclosure statement is being considered by the Examiner. It is noted that the non-patent literature document “https://www.kleen-ritecorp.com/c-1399-monster-soap-special.aspx, Single Anode Bag for 500 Gallon Underground” is listed from the IDS is crossed out because date (at least a year) is not provided.
Domestic Priority2. a. Filling Receipt: it appears that there is a typographical error in page 1 of the filling receipt submitted on July 10, 2024. The CIP application number 17/333,330 and U.S. Patent number 11,983,957 listed incorrect. The CIP application number and its U.S. Patent number should be correctly changed to: 17/333,370 and 11,965,818. Appropriate correction is required.
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b. Application Data Sheet: it appears that there is a typographical error in page 3 of the application data sheet submitted on April 22, 2024. The CIP application number 17/333,330 listed incorrect. The CIP application number should be correctly changed to: 17/333,370. Appropriate correction is required.
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Double Patenting
3. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
4. Claims 1-5, 7, and 10-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent number 11965818. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Both claim features of the instant application 18/642,782 and prior US. Pat. 11965818 can be compared as:
Instant Application 18/642,782
US. Pat. No. 11,965,818
Claim 1: A system for monitoring a tank having an anode electrically coupled to the tank via an anode wire, the system comprising: a controller;
a user interface in electronic communication with the controller; and an anode sensor wire electrically coupled to the anode wire and coupled in communication with the controller; wherein the controller is configured to measure a current flowing through the anode wire, predict when the anode will no longer provide sufficient galvanic protection to the tank, and provide an indication, through the user interface, of when the anode will no longer provide sufficient galvanic protection to the tank.
Claim 9: A system for monitoring an underground tank, comprising: a controller; a remote user interface in electronic communication with the controller; an anode sensor coupled to an anode of the tank and coupled in communication with the controller; wherein the controller is configured to monitor the anode over time using the anode sensor, predict when the anode will no longer provide sufficient galvanic protection to the tank, and provide an indication, through the remote user interface, of when the anode will no longer provide sufficient galvanic protection to the tank.
Claim 2
Claim 9
Claim 3
Claim 9
Claim 4
Claim 9
Claim 5
Claim 19
Claim 7
Claim 1
Claim 10
Claim 14
Claim 11
Claim 1
Examiner Notes
5. Examiner cites particular paragraphs, columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Rejections - 35 USC § 102
6. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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.
7. Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andrew et al.(U.S. Pub. 2021/0276890; hereinafter “Andrew”).
Regarding claim 1, Andrew discloses, in Figs. 1-4, a system (a corrosion prevention system 100 in Fig. 1) for monitoring a tank (a tank 180 in Fig. 1) having an anode (a sacrificial anode 120) electrically coupled to the tank via an anode wire (see Fig. 1 and para. [0027]), the system comprising: a controller (a controller 160 in Fig. 1); a user interface (a user interface 310 in Fig. 3) in electronic communication with the controller (Fig. 3 show the user interface 310 electrically communicated with the controller 160); and an anode sensor wire (a sensor 140 in Fig. 1) electrically coupled to the anode wire and coupled in communication with the controller (see Fig. 1 and paragraphs [0027, 32]); wherein the controller (160) is configured to measure a current flowing through the anode wire (see claim 2), predict when the anode will no longer provide sufficient galvanic protection to the tank (para. [0033] discloses that “the controller 160 can compare the mass data to multiple mass or weight thresholds, with each mass or weight threshold corresponding to a predetermined amount of depletion and/or a predetermined remaining amount of the sacrificial anode 120 (which can indicate a remaining useful life of the sacrificial anode 120). The threshold(s) can be based on historical data. The historical data can indicate the mass of previous sacrificial anodes and the corresponding remaining useful life of each anode.” – thus Andrew discloses a prediction of when the anode will no longer provide sufficient galvanic protection; and para. [0034] –discloses various corrective actions that could be taken such as scheduling maintenance to have the manufacturer replace the anode as well as an emergency shutdown of the system. It is considered that the scheduling of maintenance is a prediction of failure of the anode before an emergency shut down is required, whereas an emergency shutdown is considered to mean that the prediction of failure of the anode has occurred and cannot wait on a maintenance event to replace the anode), and provide an indication (see para.[0034, 49]), through the user interface (310), of when the anode (120) will no longer provide sufficient galvanic protection to the tank (180)(see [0034, 44, 54, 56]).
Regarding claim 2, Andrew discloses the system of claim 1, wherein the controller (160 in Fig. 1) is configured to be disposed electrically between the anode (120) and the tank (80).
Regarding claim 3, Andrew discloses the system of claim 1, wherein the controller (160) is configured to be disposed electrically between at least a portion of the anode wire and the tank (see Fig. 1).
Claim Rejections - 35 USC § 103
8. 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 of this title, 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.
9. Claims 1-6 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Catte (U.S. Pub. 2012/0205256; hereinafter “Catte”) in view of Bollinger (U.S. Pat. 7585397; hereinafter “Bollinger”).
Regarding claim 1, Catte discloses a system (a system, in Fig. 1, for monitoring cathodic protection of a protected object 10. See abstract) for monitoring a tank (a protected object 10, the protected object can be a pipeline, a tank …, see [0007]) having an anode (an anode 22) electrically coupled to the tank via an anode wire (wires 26, 28, 32, 36, 46, 48), the system comprising: a controller (“a controller connected to the multi-meter and the power source, so that when the multi-meter measures polarization values between the second segment and the metallic object that are outside of a predetermined range, the controller can adjust the power supply to change the level of cathodic protection”, see [0008]); and an anode sensor wire (a measurement electrode 34 is considered as an anode sensor) electrically coupled to the anode wire (22) and coupled in communication with the controller (see [0007-8]); wherein the controller is configured to measure a current flowing through the anode wire (measuring the polarization potential between the segments of the measurement probe 34 while current flowed in the projected object which submerged in a medium, see [007-8 and claims 1, 18), predict when the anode will no longer provide sufficient galvanic protection to the tank (continuedly monitoring galvanic corrosion over time by measuring the polarization between the electrodes or segment probes (38, 44, 36, 42, 40) to determine the condition of galvanic protection of the projected object. See [0026-28]), and provide an indication (cathodic protection level indication is provided by the multi-meter 30, see least in [0028-30]) of when the anode will no longer provide sufficient galvanic protection to the tank (continuedly monitoring galvanic corrosion over time by measuring the polarization between the electrodes or segment probes (38, 44, 36, 42, 40) to determine the condition of galvanic protection of the projected object or determine the condition of anode in the galvanic cathodic protection system; see para. [0026-28].“Over time the probe segment 42 corrodes and disconnects, the electrode 40 will lose electrical continuity with the protected object 10 and the electrode 36, and its potential will fall to a level comparable to the electrode 38….”, in para. [0022]; “the electrode 36 can be used to measure cathodic protection levels for determining if adequate cathodic protection is being delivered..” in para. [0025]; “monitoring potential across the electrode 38 can indicate if the level of cathodic protection is damaging to the coating….” in [0028]).
Catte does not explicitly disclose a user interface in electronic communication with the controller and provide an indication through the user interface.
Bollinger discloses, in Figs. 1-3, a potential control cathodic protection system for storage tank, comprising a display (206) with an operator interface (208) coupled to a potential controller (204), wherein the operator could set up voltage and read the voltage and the current between the anode and the tank (see Col. 7 lines 20-30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the cathodic protection system of Catte by having
a user interface in electronic communication with the controller and provide an indication through the user interface as taught by Bollinger for purpose of providing the cathodic protection device automatically controls and adjusts the voltage potential between an anode and a structure and the device is self-powered, requiring no external power source or batteries (see the summary).
Regarding claim 2, Catte and Bollinger disclose the system of claim 1, Catte further teaches wherein the controller (a controller connected to the multi-meter 30, see [008] and Fig. 1) is configured to be disposed electrically between the anode (22) and the tank (10).
Regarding claim 3, Catte and Bollinger disclose the system of claim 1, Catte further teaches wherein the controller (30) is configured to be disposed electrically between at least a portion of the anode wire and the tank (see Fig. 1).
Regarding claim 4, Catte and Bollinger disclose the system of claim 1, Catte further teaches comprising a housing (a housing of the protected object 10 in Fig. 1) having a first connector and a second connector (multiple wires 28, 32, 52 coupled to wiring connectors disposed on the housing of the object 10, see Fig. 1) , wherein the housing is configured to be disposed electrically between the anode and the tank, with the first connector in electrical communication with the anode and the second connector in electrical communication with the tank (see Fig. 1).
Regarding claim 5, Catte and Bollinger disclose the system of claim 1, Catte further teaches comprising a voltage probe (38, 44, 36 in Fig. 1) electrically coupled to the controller (30).
Regarding claim 6, Catte and Bollinger disclose the system of claim 5, Catte further teaches wherein the voltage probe is a water-retaining reference electrode (the measurement electrodes 38, 44, 36 submerged in the medium such as water. [0007-8]).
Regarding claim 9, Catte and Bollinger disclose the system of claim 1, Catte further teaches wherein the controller is configured to predict when the anode will no longer provide sufficient galvanic protection to the tank by comparing at least one of a current measurement and a current profile with at least one of a reference current measurement and a reference current profile (see [0009, 19, 28, 30, 31]).
Regarding claim 10, Catte and Bollinger disclose the system of claim 1, Catte further teaches comprising a database stored within or accessible by the system, wherein the database comprises at least one of anode current measurement data and anode current profile data (see [0009, 19, 28, 30, 31]).
Regarding claim 11, Catte and Bollinger disclose the system of claim 1, Catte further teaches comprising at least one voltage probe (38, 44, 36, 42, 40) electrically coupled to the controller (30), wherein the controller is configured to measure a potential difference between the tank and the at least one voltage probe (see [0027-28]).
Regarding claim 12, Catte and Bollinger disclose the 12. The system of claim 1, Catte further teaches comprising a plurality of anodes (22) electrically coupled to the tank (10), and a plurality of voltage probes (38, 44, 36, 42, 40) electrically coupled to the controller, wherein the controller is configured to measure a potential difference between the tank and each of the plurality of voltage probes (see [0027-28]).
10. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Catte in view of Bollinger and further in view of Fusamae (U.S. Pub. 2017/0199142; hereinafter “Fusamae”).
Regarding claim 7, Catte and Bollinger disclose the system of claim 5, except for explicitly specifying that further comprising a moisture sensor electrically coupled to the controller.
Fusamae discloses, in Figs. 1-11, a moisture detecting apparatus (100 in Figs. 1-2) comprising a pair of sensing electrodes (21-22) buried at a predetermined location where a water tank is buried under ground, wherein the pair of sensing electrodes electrically coupled to a controller (1) and configured to measure a current value of an alternating current input to the location for determining moisture contained in the location.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the cathodic protection system of Catte and Bollinger by having a moisture sensor electrically coupled to the controller as taught by Fusamae for purpose of providing the moisture sensor for high underground water content is detected at high precision (see the summary).
11. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Catte in view of Bollinger and further in view of Tokunaga et al. (U.S. Pub. 2018/0058897; hereinafter “Tokunaga”).
Regarding claim 8, Catte and Bollinger disclose the system of claim 1, , except for explicitly specifying that further comprising a tank level sensor electrically coupled to the controller, wherein the tank level sensor is configured to sense a level of liquid within the tank.
Tokunaga discloses, in Figs. 1B and $A, a liquid level sensor apparatus comprising: a liquid level sensor (102) positioned in a cavity of a container (402), and coupled a micro controller (118) to a sensor input and a sensor driver, wherein the sensor (102) configured to detect a liquid level in the container.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the cathodic protection system of Catte and Bollinger by having a tank level sensor electrically coupled to the controller, wherein the tank level sensor is configured to sense a level of liquid within the tank, as taught by Tokunaga for purpose of achieving accurate detection of the level of liquid inside the container. The method enables providing the drive signal to different electrodes at different times to reduce likelihood that metal dust is adhered to the liquid over time (see the summary).
12. Claims 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Catte in view of Bollinger and further in view of Wei et al. (U.S. Pub. 2020/0116685; hereinafter “Wei”).
Regarding claim 13, Catte and Bollinger disclose the system of claim 1, except for explicitly specifying that further comprising a gas leak sensor electrically coupled to the controller, and wherein the controller is configured to send a signal to the user interface when the gas leak sensor senses a gas leak.
Wei discloses a gas leak sensor (10 in Fig. 1) electrically coupled to a controller (105c in Fig. 4), and wherein the controller (105c) is configured to send a signal to the operator workstation (7 in Fig. 1) when the gas leak sensor senses a gas leak (see [0008] and claim 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the cathodic protection system of Catte and Bollinger by having a gas leak sensor electrically coupled to the controller, and wherein the controller is configured to send a signal to the user interface when the gas leak sensor senses a gas leak, as taught by Mei for purpose of leakage of gas in underground is monitored constantly. (see the summary).
Regarding claim 14, Catte and Bollinger disclose the system of claim 1, except for explicitly specifying that comprising a gas leak sensor electrically coupled to the controller, wherein the gas leak sensor is configured to be disposed at least partially underground.
Wei discloses a gas leak sensor (10 in Fig. 1) electrically coupled to a controller (105c in Fig. 4), and wherein the gas leak sensor (10) is configured to be disposed at least partially underground (the sensor 10 disposed partially in underground 2 in Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the cathodic protection system of Catte and Bollinger by having a gas leak sensor electrically coupled to the controller, wherein the gas leak sensor is configured to be disposed at least partially underground, as taught by Mei for purpose of leakage of gas in underground is monitored constantly (see the summary).
Regarding claim 15, Catte and Bollinger and Wei disclose the system of claim 14, Wei further teaches wherein the gas leak sensor (10) comprises a sensor body (130 in Fig. 6) and a gas detector module (100 in Fig. 6) disposed at least partially within the sensor body (see Fig. 6).
Regarding claim 16, Catte and Bollinger and Wei disclose the system of claim 15, Wei further teaches wherein the sensor body has a top and a bottom, and wherein the gas detector module is disposed closer to the bottom than to the top (see Figs 6-8).
Regarding claim 17, Catte and Bollinger and Wei disclose the system of claim 14, Wei further teaches comprising an electronics assembly (a sensor circuit 102 in fig. 4) disposed at least partially within the sensor body (130 in Fig. 6), wherein the gas detector module is disposed closer to a bottom of the electronics assembly than to a top of the electronics assembly (see Figs. 4-8).
Regarding claim 18, Catte and Bollinger and Wei disclose the system of claim 14, Wei further teaches wherein a top of the sensor body (10) is configured to be accessible from ground level (see Fig. 1).
Regarding claim 19, Catte and Bollinger and Wei disclose the system of claim 14, Wei further teaches wherein the sensor body comprises one or more openings through a wall thereof (see Fig. 6).
Regarding claim 20, Catte and Bollinger and Wei disclose the system of claim 19, Wei further teaches wherein at least one of the one or more openings is hydrophobic (the gas leakage sensor is a waterproof sensor, see Fig. 6-8 and [0109-110]).
Prior Art of Record
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Arensmeier (U.S Pub. 2019/0203363) discloses a powered anode drive control system comprising: an anode drive power supply; a powered anode positionable in a fluid-filled vessel and electrically couplable to the anode drive power supply; and an anode drive controller comprising one or more processors communicatively coupled to one or more memory devices, the one or more processors communicatively couplable to an anode drive current sensor and an anode drive voltage sensor communicatively coupled to the anode drive controller and the anode drive power supply, the one or more processors configured to: vary an electrical power input driving the powered anode through a range of values of a first electrical parameter (see specification for more details). Kobayashi (U.S Pub. 20160326657) discloses a corrosion protection system (see specification for more details).
Nekoksa (U.S Pat. 6060877) discloses a cathodic protection test probe (see specification for more details).
Conclusion
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANG LE whose telephone number is (571)272-9349. The examiner can normally be reached on Monday thru Friday 7:30AM-5:00PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached on (571) 272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THANG X LE/Primary Examiner, Art Unit 2858
1/18/2026