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 .
Claims 1, 4-17, 19-21, and 24-25 are pending.
Claims 1, 4-17, 19-21, and 24-25 are rejected below.
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 1, 4-17, 19-21, and 24-25 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.
Claim 1 recites the limitation "said server" in line 2.
Claim 1 recites the limitation "said remote telemetry unit" in line 2.
There is insufficient antecedent basis for these limitations in the claim.
The dependent claims do not remedy this and are rejected for the same reason.
Claim 25 states a new digital twin model that is different from said digital twin model”. It is unclear how this model is “new”. Examiner questions if and how this “new” model is generated and what the model is of.
Claim Rejections - 35 USC § 103
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.
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) 1, 4, 13, 19, 20, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fowler (U.S. PG Pub. 2021/0017999) in view of Montestruque (U.S. PG Pub. 2016/0378123).
As to claim 1, Fowler teaches a method of infrastructure management, said method comprising:
obtaining, inside each of said server (element 950/952) and inside said remote telemetry unit(900/910) (abstract), a digital twin model providing, for an instance in time or for a period of time, one or more estimates of a flow attribute inside a fluid infrastructure item[0087], wherein said remote telemetry unit and a sensor are remotely located to said server (fig. 9), wherein said remote telemetry unit is communicatively coupled to a sensor that measures flow attribute inside said fluid infrastructure item such that said remote telemetry unit receives from said sensor a sensor measurement[0087];
estimating, at said remote telemetry unit and using
and one of said digital twin models, flow attribute inside said fluid infrastructure item for said instance in time or for said period of time to produce one or more remote telemetry unit's estimated flow attribute values[0106];
estimating, at said server and one of said digital twin models, flow attribute inside said fluid infrastructure item for said instance in time or for said period of time to produce one or more server's estimated flow attribute values[0106];
obtaining, using said sensor and at said remote telemetry unit, said sensor measurement of said flow attribute inside said fluid infrastructure item[0106];
comparing, at said remote telemetry unit, said sensor measurement with one or more of said remote telemetry unit's estimated flow attribute values[0106 – optimum value obtained]; reporting, for said instance in time or for said period of time, one or more of said server's estimated flow attribute values as being or being an estimate of said sensor measurement, if an absolute value of a difference between said sensor measurement and one of said remote telemetry unit's estimated flow attribute values is equal to or less than a predefined threshold tolerance value, or if said sensor measurement, for said instance in time or for said period of time, falls within a predefined confidence interval of said remote telemetry unit's multiple estimated flow attribute values [0106 changing flow set points to achieve most efficiency].
Fowler teaches most of the claimed invention, but fails to teach receiving and using, for said instance in time or for said period of time, a forecast of an environmental condition around an area surrounding said sensor. However, this is taught by Montestruque as follows:
As to claim 1, Montestruque teach receiving and using, for said instance in time or for said period of time, a forecast of an environmental condition around an area surrounding said sensor [0052].
Therefore, it would have been obvious to one of ordinary skill in the art prior ot the effective filing date of the current application to include the teachings of Montestruque into the system and methods of Fowler. The motivation to combine is that Montestruque teaches using these forecasting information optimal operation can be accomplished [0009].
As to claim 4, Fowler teaches wherein obtaining includes:
building, inside said server or said remote telemetry unit, said digital twin model providing, for said instance in time or for said period of time, one or more of said remote telemetry unit's estimated flow attribute values or one or more of said server's estimated flow attribute values[0106];
modifying, using said remote telemetry unit or said sensor, said digital twin model until said digital twin model reliably estimates said flow attribute inside said fluid infrastructure item and implementing said digital twin model at said server or at said remote telemetry unit[0106].
As to claim 13, Montestruque wherein said receiving includes receiving a probability distribution function, for said instance in time or for said period of time, forecasting an amount of precipitation in said area surrounding said sensor[0037].
As to claim 19, Fowler teaches wherein said comparing and said reporting are carried out without conveying said sensor measurement of said flow attribute from said remote telemetry unit to said server[0106].
As to claim 20, Montestruque wherein said receiving includes receiving, at a periodic rate, said forecast of said environmental condition around said area surrounding said sensor;
wherein said estimating includes estimating, at said periodic rate or less than said periodic rate, said remote telemetry unit's estimated flow attribute values;
wherein said obtaining includes obtaining, at a sampling rate of said sensor, said forecast of said environmental condition around said area surrounding said sensor;
wherein said sampling rate is greater than said periodic rate[0052].
As to claim 24, Fowler further comprising maintaining said digital twin model at said remote telemetry unit if said maintaining said digital twin model at said server is carried out [nothing in Fowler discusses removing the model so it is assumed it is maintained regardless] .
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fowler (U.S. PG Pub. 2021/0017999) in view of Montestruque (U.S. PG Pub. 2016/0378123) in view of Schutzbach (U.S. PG Pub. US-20030216873).
Fowler in view of Montestruque teaches some of the claimed invention, but fails to teach all of the limitations of claim 14. However, this is taught by Schutzbach as follows:
As to claim 14, Schutzbach teaches wherein in said estimating, at said server for said instance in time or for said period of time, includes using a neural network to compute one or more of said server's estimated flow attribute values and using a machine learning engine disposed inside said remote telemetry unit to compute one or more of said remote telemetry unit's estimated flow attribute values[0031]. See Fowler for the multiple device (server and telemetry unit).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the current application to include the teachings of Schutzbach into the system and methods of Fowler in view of Montestruque. The motivation to combine is that Schutzbach teaches using neural networks can better anticipate rain and how to respond [0031].
Other art of record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Pescarmona (U.S. PG Pub. 2019/0354873) teaches hydrology management of a river basin.
Pasken (U.S. PG Pub. 2013/0338920) environmental prediction monitoring for a water system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN L LAUGHLIN whose telephone number is (571)270-1042. The examiner can normally be reached Monday-Friday 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached at 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN L LAUGHLIN/Primary Examiner, Art Unit 2119
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