DETAILED ACTION
Non-Final Rejection
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 .
Claim Objections
Claim 1 objected to because of the following informalities: the limitation “determine, a first flow estimate parameter of the channel”, in line 12 should be changed to “determine, the first flow estimate parameter of the channel”. Appropriate correction is required.
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 the claimed invention is directed to an abstract idea without significantly more.
Step 1
Each of claims1-20 falls within one of the four statutory categories. See MPEP § 2106.03. For example, each of claim 1-17 and falls within category of machine, i.e., a “concrete thing, consisting of parts, or of certain devices and combination of devices.” Digitech, 758 F.3d at 1348–49, 111 USPQ2d at 1719 (quoting Burr v. Duryee, 68 U.S. 531, 570, 17 L. Ed. 650, 657 (1863)); For example, each of claims 18-20 fall within category of process;
Regarding Claims 1-15
Step 2A – Prong 1
Exemplary claim 1 is directed to an abstract idea of determine, a first flow estimate parameter.
The abstract idea is set forth or described by the following italicized limitations:
1. A system for determining a first flow parameter of a channel, the channel arranged in fluid communication with a receptacle, the first flow parameter indicative of a flow of a fluid from or into the receptacle via the channel, the system comprising a flow control device, in fluid communication with the receptacle, the flow control device configured to convey the fluid from the receptacle, or configured to convey the fluid into the receptacle;
a processor configured to
obtain, a historical data comprising at least one of a historical operating parameter indicative of a historical operating status of the flow control device;
a historical filling parameter indicative of a historical filling state of an internal volume of the receptacle;
determine, a first flow estimate parameter of the channel, the first flow estimate parameter indicative of an estimated flow of the fluid from or into the receptacle via the channel, when the flow control device is in an OFF state, based on the historical data; and determine, the first flow parameter of the channel, based on the first flow estimate parameter of the channel, and the historical filling parameter..
The italicized limitations above represent combination of mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea) and mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment) . Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.
For example, the limitations determine, a first flow estimate parameter of the channel [..]” are a combination of mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea) and mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment).
Limitations are considered together as a single abstract idea for further analysis. (discussing Bilski v. Kappos, 561 U.S. 593 (2010)).
Step 2A – Prong 2
Claims 1 does not include additional elements (when considered individually, as an ordered combination, and/or within the claim as a whole) that are sufficient to integrate the abstract idea into a practical application.
For example, first additional first element is “obtain, a historical data comprising at least one of a historical operating parameter indicative of a historical operating status of the flow control device; a historical filling parameter indicative of a historical filling state of an internal volume of the receptacle” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., data gathering and /or field in use) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g)
The 2nd additional element is “a processor, memory”. This element amounts to mere use of a generic computer components, which is well understood routine and conventional (see background of current discloser and IDS and PTO 892) and this element individually does not provide a practical application. In view of the above, the “additional element” individually or combine does not provide a practical application of the abstract idea. see MPEP 2106.05(d).
For example,3rd additional first element is “the channel arranged in fluid communication with a receptacle, the first flow parameter indicative of a flow of a fluid from or into the receptacle via the channel, the system comprising a flow control device, in fluid communication with the receptacle, the flow control device configured to convey the fluid from the receptacle, or configured to convey the fluid into the receptacle”. This element amounts to mere use of a generic fluid flow system and field in use which is well understood routine and conventional (see background of current discloser and IDS and PTO 892). Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g)
In view of the above, the three “additional elements” individually do not provide a practical application of the abstract idea. Furthermore, the “additional elements” in combination amount to a plurality of generic component with software, where such computers and software amount to mere instructions to implement the abstract idea on a computer(s) and/or mere use of a generic computer component(s) as a tool to perform the abstract idea. Therefore, these elements in combination do not provide a practical application. The combination of additional elements does no more than generally link the use of the abstract idea to a particular technological environment, and for this additional reason, the combination of additional elements does not provide a practical application of the abstract idea.
.
Step 2B
Claims1 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II).
.
Dependent Claims 2-15
Dependent claims 2-15 fail to cure this deficiency of independent claim 1 (set forth above) and are rejected accordingly. Particularly, claims 2-15 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
For example, the limitations of Claims 2-3, 5-6 are combination of mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea) and mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment).
For example, the limitations of Claims 4, 10 and 14-15 recite element samounts to mere use of a generic fluid flow system and field in use which is well understood routine and conventional (see background of current discloser and IDS and PTO 892)
For example, the limitations of Claims 5: the limitations, i.e. “obtain, a present data comprising a present power parameter indicative of a present power utilized by the flow control device”, claim 7-9, 11-13, are a combination of to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., field of use and /or data gathering) and only generally link the abstract idea to a particular field with generic component along with control of a pump system, which is well understood routine and conventional (see background of current discloser and IDS and PTO 892) and this element individually does not provide a practical application. In view of the above, the “additional element” individually or combine does not provide a practical application of the abstract idea. see MPEP 2106.05(d)
Claims 16-20
Claims 16-20 contains language similar to claims 1-15 as discussed in the preceding paragraphs, and for reasons similar to those discussed above, claims 16-20 are also rejected under 35 U.S.C. § 101(abstract idea).
Claim Rejections - 35 USC § 102
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.
(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by
Kallesoe (US 2017/0184429).
Regarding Claims 1, 16 and 18. Kallesoe teaches a system(figs. 1-2) for determining a first flow parameter of a channel(qpit: [0050-[0053]]), the channel arranged in fluid communication with a receptacle(2: fig.1), the first flow parameter indicative of a flow of a fluid from or into the receptacle via the channel(waste-water system:[0008]),
the system comprising a flow control device(8: fig.1),
in fluid communication with the receptacle(6: fig.1), the flow control device configured to convey the fluid from the receptacle, or configured to convey the fluid into the receptacle([0008]);
a processor configured to obtain(28, 26: fig.2),
a historical data comprising at least one of, a historical operating parameter indicative of a historical operating status of the flow control device(a data acquisition module 26 which continuously acquires or detects measured system parameters, in this example the height h of the fluid level in the pump sump 2 which is computed on the basis of the signal of the pressure sensor 10 in the control device 16: [0038]);
a historical filling parameter indicative of a historical filling state of an internal volume of the receptacle(detects measured system parameters, in this example the height h of the fluid level in the pump sump 2 which is computed on the basis of the signal of the pressure sensor 10 in the control device 16, the differential pressure Δp across the pump 8, i.e. the pressure difference between the pressure sensors 10 and 12, the electrical power consumption P as well as a switching signal s which indicates as to whether the electrical drive motor 14 is switched on or off:[0038]);
determine, a first flow estimate parameter of the channel, the first flow estimate parameter indicative of an estimated flow of the fluid from or into the receptacle via the channel, when the flow control device is in an OFF state, based on the historical data(estimated pump sump flow:[0010], [0015], [0038],[0050], [0053];T3: fig. 7); and
determine, the first flow parameter of the channel, based on the first flow estimate parameter of the channel, and the historical filling parameter([0050]-[0053]).
Regarding Claims 2 and 19: Kallesoe teaches determining, the first flow estimate parameter of the channel, based on the historical data, comprises determining, a change in the historical filling parameter([0010], [0015], [0038],[0046], [0050], [0053]); and
determining, the first flow estimate parameter of the channel, based on the change in the historical filling parameter and the historical operating parameter([0010], [0015], [0038],[0046], [0050], [0053]).
Regarding Claims 3 and 20: Kallesoe teaches the change in the historical filling parameter indicative of the historical filling state of the internal volume of the receptacle, when the flow control device is in the OFF state, comprises, a difference between a first historical filling state comprising a first level of the fluid in the receptacle at a first sampled time([0040]); and
a second historical filling state comprising a second level of the fluid in the receptacle at a second sampled time([0040]; fig.4, [0047]).
Regarding Claim 4. Kallesoe further teaches the flow control device comprises an electrical pump(8: fig.1).
Regarding Claim 5. Kallesoe further teaches the processor is further configured to obtain, a present data comprising a present power parameter indicative of a present power utilized by the flow control device and determine, a present efficiency of the flow control device, based on the present power parameter([0018],[0024], [0039]).
Regarding Claim 6. Kallesoe further teaches the historical data further comprises a historical power parameter indicative of a historical power utilized by the flow control device, wherein the processor is further configured to determine, a historical efficiency of the flow control device, based on the historical power parameter, and determine, a difference between the historical efficiency and the present efficiency, of the flow control device([0018], [0022], [0024],[0037], [0042], [0047], [0049]; fig. 5).
Regarding Claim 7. Kallesoe further teaches the processor is configured to obtain, the historical operating parameter based on the historical power parameter([0018], [0022], [0037], [0042], [0047], [0049]; fig. 5).
Regarding Claim 8. Kallesoe further teaches the present data further comprises at least one of, a present operating parameter indicative of a present operating status of the flow control device(wear state: [008], [0024]-[0025]);
a present filling parameter indicative of a present filling state of the internal volume of the receptacle([0017], [0025]);
wherein the processor is further configured to determine, a second flow parameter of the flow control device, when the flow control device is in an ON state, based on the first flow parameter of the channel, the present operating parameter, and/or the present filling parameter(switched on: [0038], [0047], [0049]).
Regarding Claim 9. Kallesoe further teaches the present filling parameter indicative of the present filling state of the internal volume of the receptacle comprises, a third level of the fluid in the receptacle at a third sampled time([0025; ]T3: [0049], [0057]).
Regarding Claim 10. Kallesoe further teaches the flow control device comprises two or more second flow control devices, wherein each of the two or more second flow control devices are in fluid communication with the receptacle, and configured to convey the fluid from the receptacle, or to convey the fluid into the receptacle(arrange several fluid containers with associated pumps in series, so that the fluid is always delivered out of a first fluid container into a subsequent, second fluid container. This can be applied in order to be able to bridge larger delivery heads: [0008], [0022]),
wherein the two or more second flow control devices each have a same operating configuration, and wherein the present data further comprises, the present operating parameter indicative of the present operating status of each of the two or more second flow control devices([0046]-[0047]);
wherein the processor is further configured to determine, the second flow parameter for each of the two or more second flow control devices, when a respective one of the two or more second flow control devices are in the ON state, based on the first flow parameter of the channel, the present operating parameter for the respective one of the two or more second flow control devices, and the present filling parameter([0046]-[0048], [0055]).
Regarding Claim 11. Kallesoe further teaches the internal volume of the receptacle comprises, a section profile along a vertical axis of the receptacle(A(h) to the cross-sectional area of the pump sump 2: [0043]; fig. 6).
Regarding Claim 12. Kallesoe further teaches the first flow parameter of the channel comprises, a rate of the flow of the fluid from or into the receptacle, and
wherein the first flow estimate parameter of the channel comprises, a rate of the estimated flow of the fluid from or into the receptacle, when the flow control device is in the OFF state(T3: fig.3, 4 and 7; fig.6; [0040], [0049], [0057]).
Regarding Claim 13. Kallesoe further teaches when the flow control device is configured to convey the fluid from the receptacle, the first flow parameter of the channel comprises the flow of the fluid into the receptacle(qp:[0038], [0040]- [0042]; figs. 6-7).
Regarding Claim 14. Kallesoe further teaches when the flow control device is configured to convey the fluid into the receptacle, the first flow parameter of the channel comprises the flow of the fluid from the receptacle(qout: [0038], [0040]- [0042]; fig. 6-7).
Regarding Claim 15. Kallesoe further teaches the fluid comprises water, or wastewater([0008]).
Regarding Claim 17. Kallesoe a control device comprising a processor for determining a first flow parameter of a channel for a system(qpit: [0050-[0053]; 8: fig.1),
the channel arranged in fluid communication with a receptacle(2: fig.1), the first flow parameter indicative of a flow of a fluid from or into the receptacle (waste-water system:[0008]; qpit: [0050-[0053];);
the system comprising a flow control device in fluid communication with the receptacle, the flow control device configured to convey the fluid from the receptacle, or configured to convey the fluid into the receptacle([0008]);
the processor being in data communication with a memory having instructions stored therein, the instructions, when executed by the processor, causes the processor(28, 26: fig.2)
to obtain, a historical data comprising at least one of, a historical operating parameter indicative of a historical operating status of the flow control device(a data acquisition module 26 which continuously acquires or detects measured system parameters, in this example the height h of the fluid level in the pump sump 2 which is computed on the basis of the signal of the pressure sensor 10 in the control device 16: [0038]);
a historical filling parameter indicative of a historical filling state of an internal volume of the receptacle(detects measured system parameters, in this example the height h of the fluid level in the pump sump 2 which is computed on the basis of the signal of the pressure sensor 10 in the control device 16, the differential pressure Δp across the pump 8, i.e. the pressure difference between the pressure sensors 10 and 12, the electrical power consumption P as well as a switching signal s which indicates as to whether the electrical drive motor 14 is switched on or off:[0038]);
determine, a first flow estimate parameter of the channel, the first flow estimate parameter indicative of an estimated flow of the fluid from or into the receptacle via the channel, when the flow control device is in an OFF state, based on the historical data(estimated pump sump flow:[0010], [0015], [0038],[0050], [0053];T3: fig. 7); and
determine, the first flow parameter of the channel, based on the first flow estimate parameter of the channel, and the historical filling parameter([0050]-[0053]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) US 5,587,065: disclose An inlet fitting 501 for processed water is also mounted on the lid 511 and connects with a discharge pipe 503 discharging processed water in the lower portion of the receptacle. A structural member 502 is mounted on the lid 511 and extends to the bottom wall 513 of the receptacle 512 to provide support when the vessel is evacuated. In the illustrated arrangement, the structural member 502 is in the form of a tube surrounding the processed water discharge pipe 503. The structural tube 502 is provided in its upper portion with a plurality of openings 515 for the passage of air from the inside of the tube to the vacuum connection 508. The tube also has openings 516 in its lower most portions to allow the free passage of water from the tube into the interior of the receptacle.
b) US 1508055: disclose fluid supply line leading from the sump or fluid supply and within which is mounted a continuously operated pump for forcing the fluid under pressure through either of two branches of the line, one connecting with a receptacle and the other returning to the sump, the feed of the fluid to the receptacle being controlled by the operation of an unloader valve in the return branch, which closes against the pump pressure and is vented to operate by both the pressure and level Of the fluid within the receptacle. Fluid is supplied to the receptacle 1 through a fluid supply pipe 4' by a pump 4 which draws the fluid from a sump 42.
c) US 2023/0129019: disclose if the measured current value exceeds the predetermined threshold current value and the pump remains operating in a condensate pumping mode, then allowing a predetermined operating test interval to elapse and then repeating the steps of measuring a current value drawn by the pump during the condensate pumping mode whilst the pump is operating and comparing the measured current value to the predetermined threshold current value stored in the controller to determine if the pump should remain powered to operate in the condensate pumping mode or be switched off.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD K ISLAM whose telephone number is (571)270-0328. The examiner can normally be reached M-F 9:00 a.m. - 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby A Turner can be reached at 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD K ISLAM/Primary Examiner, Art Unit 2857
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