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 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.
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.
Claim 10 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Streett (US10041923B1).
Regarding claim 10, Streett teaches a system for monitoring water quality (10, Fig. 1), the system comprising:
a server (column 3, line 57 discloses a local area network);
a plurality of monitoring devices installed in a respective water tank, each monitoring device comprising (column 5, lines 102 disclose multiple devices may be used in combination with each other):
a housing configured to be at least partially submerged in water in the respective water tank (12, Fig. 1; column 2, line 15);
a computing device disposed in the housing and in data communication with the server ('microcontroller' - 16, Fig. 1; column 2, lines 63-67 disclose the microcontroller is on the circuit board in the housing); and
at least one sensor in data communication with the computing device, the at least one sensor measuring at least one water quality parameter (18, Fig. 1; column 3, lines 10-12 disclose the sensor transmits data to the microcontroller);
wherein the at least one sensor takes a measurement of the at least one water quality parameter in the respective water tank (column 3, lines 6-8 disclose the sensor, 18, is used to measure the salinity of the water) and transmits the measurement to the computing device and the computing device stores the measurement on the server (18, Fig. 1; column 3, lines 10-12 disclose the sensor, 18, transmits data to the microcontroller, 16; column 4, lines 64-66 discloses the transmitted data stored on a memory card);
wherein the server compiles and transmits the measurement from each of the monitoring device to a user device to be displayed (column 3, lines 53-57 discloses a LAN and receiving devices, including a mobile phone or tablet).
Claims 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deshmukh (P. Deshmukh, A. Mohite, H. Bhoir, R. Patil and A. Bhonde, "Intelligent Public Toilet Monitoring System Using IoT," 2020 IEEE Bangalore Humanitarian Technology Conference (B-HTC), Vijiyapur, India, 2020, pp. 1-6, doi: 10.1109/B-HTC50970.2020.9297839.).
Regarding claim 15, Deshmukh teaches a method for using a device installed in a toilet reservoir for monitoring water quality (Section IV), the method comprising:
measuring at least one water quality parameter (level of ammonia in the toilet is measured - Table I and first paragraph of Section IV) using one or more sensors (Section III describes multiple sensors used);
transmitting and storing the measurements of the at least one water quality parameter on a server (Section IV discloses the various sensors transmit data to a mobile phone app, which would inherently include a server);
determining a second water quality parameter from the measurements of the at least one water quality parameter (Fig. 5 depicts the water temperature is also measured);
transmitting the measurements of the at least one water quality parameter and the second water quality parameter to a user device for display (Table II discloses sending a notification of at least one water parameter to a user device; Section IV, subsection C discloses a mobile phone app which transmits the measurements to a user device).
Regarding claim 16, Deshmukh teaches the invention as explained above in claim 15, and further teaches comparing the measurements of the at least one water quality parameter against a first threshold value (Table II depicts comparing a measurement to a threshold); and
transmitting a first alert to the user device when the measurements of the at least one water quality parameter meets or exceeds the first threshold value (Table II depicts sending an alert to a user device if a threshold value is met or exceeded).
Regarding claim 17, Deshmukh teaches the invention as explained above in claim 16, and further teaches comparing the second water quality parameter against a second threshold value (Section IV, subsection C discloses comparing at least two parameters to a threshold (overflow of tank or decline in air quality)); and
transmitting a second alert to the user device when the second water quality parameter meets or exceeds the second threshold value (Section IV, subsection C discloses sending an alert (push notification) if the parameter meets or exceeds the threshold value).
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.
Claims 1-5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Streett (US10041923B1) in view of Platteel (US20100043129A1).
Regarding claim 1, Streett teaches a device (10, Fig. 1) for monitoring water quality, the device comprising:
a housing configured to be at least partially submerged in water in the toilet reservoir (12, Fig. 1; column 2, line 15);
a computing device disposed in the housing and in data communication with a database ('microcontroller' - 16, Fig. 1; column 2, lines 63-67 disclose the microcontroller is on the circuit board in the housing); and
at least one sensor in data communication with the computing device, the at least one sensor measuring at least one water quality parameter (18, Fig. 1; column 3, lines 10-12 disclose the sensor transmits data to the microcontroller);
wherein the at least one sensor takes a measurement of the at least one water quality parameter of the water in the toilet reservoir (column 3, lines 6-8 disclose the sensor, 18, is used to measure the salinity of the water) and transmits the measurement to the computing device and the computing device stores the measurement on the database (18, Fig. 1; column 3, lines 10-12 disclose the sensor, 18, transmits data to the microcontroller, 16; column 4, lines 64-66 discloses the transmitted data stored on a memory card).
Streett fails to teach the device being installed in a toilet reservoir.
However, in the same field of endeavor of water quality monitoring, Platteel discloses a water quality monitoring system installed in a toilet (abstract; paragraph [0013]).
Platteel discloses that toilet reservoirs are frequent breeding grounds of odors, bacteria and fauna (Platteel: paragraph [0013]), making it vital to monitor and flush standing water. Streett discloses that typical water quality measurement systems are labor-intensive and expensive (Street: column 1, lines 6-11). Thus, a person having ordinary skill in the art would find it obvious prior to the effective filing date to combine the in-situ water monitoring device taught in Streett with the toilet reservoir application taught in Platteel in order to ensure no odors or bacteria are growing in a toilet reservoir while also keeping the system manageable and inexpensive.
Regarding claim 2, Streett as modified by Platteel teaches the invention as explained above in claim 1, and further teaches when water in the toilet reservoir is changed out the at least one sensor takes a second measurement of the at least one water quality parameter (Platteel: paragraph [0006] discloses flushing the reservoir, while paragraph [0014] discloses continuous water sampling. Therefore, the water would be sampled before and after flushing the reservoir) and transmits the second measurement to the computing device and the computing device stores the second measurement on the database (Streett: paragraph [0067] discloses the sensors communicates with a control system).
Platteel discloses that sequential measurements and flushing the toilet reservoir in accordance with the measurements taken are vital to ensure fauna and bacteria are not growing (Platteel: paragraph [0013]). A person having ordinary skill in the art would find it obvious to combine the water monitoring system of Streett as modified by Platteel with the flushing and measurements taken before and after flushing taught by Platteel as a way to ensure fauna and bacteria are not growing in the water.
Regarding claim 3, Streett as modified by Platteel teaches the invention as explained above in claim 2, and further teaches each time water in the toilet reservoir is changed out the at least one sensor takes a subsequent measurement of the at least one water quality parameter (Platteel: paragraph [0006] discloses flushing the reservoir, while paragraph [0014] discloses continuous water sampling. Therefore, the water would be sampled multiple times after the water is changed) and transmits the subsequent measurement to the computing device and the computing device stores the subsequent measurement on the database (Streett: paragraph [0067] discloses the sensors communicates with a control system).
As discussed above, Platteel discloses that sequential measurements and flushing the toilet reservoir in accordance with the measurements taken are both vital to ensure fauna and bacteria are not growing (Platteel: paragraph [0013]). A person having ordinary skill in the art would find it obvious to combine the water monitoring system of Streett as modified by Platteel with the flushing and subsequent measurements taken after flushing taught by Platteel as a way to ensure fauna and bacteria are not growing in the water.
Regarding claim 4, Streett as modified by Platteel teaches the invention as explained above in claim 3, and further teaches the computing device determines a second water quality parameter based on the measurement, the second measurement, and the subsequent measurement of the at least one water quality parameter stored on the database (Streett: column 4, lines 55-67 disclose the test water being re-measured and determining temperature of the water in addition to the salinity, and then using the salinity and temperature to calculate the pH of the water).
Regarding claim 5, Streett as modified by Platteel teaches the invention as explained above in claim 5, and further teaches the measurement of the at least one water quality parameter, the second measurement of the at least one water quality parameter, the subsequent measurement of the at least one water quality parameter, and the second water quality parameter are transmitted and displayed on a user device (Streett: column 3, lines 55-57 discloses sending the measured data to a mobile phone or tablet).
Regarding claim 7, Streett as modified by Platteel teaches the invention as explained above in claim 1, and further teaches the at least one sensor is a plurality of sensors (Streett: column 1, lines 30-33 discloses there may be a plurality of sensors).
Regarding claim 8, Streett as modified by Platteel teaches the invention as explained above in claim 1, and further teaches the at least one sensor is a multi-parameter probe (Platteel: paragraph [0074] discloses the sensor capable of measuring multiple parameters, such as temperature and bio-indicators).
Streett discloses one issue with previous water quality monitoring systems that measure multiple parameters is the large size (Streett: column 1, lines 10-14). Using a sensor which is capable of measuring multiple parameters would cut down on the size of the overall monitoring system. Thus, a person having ordinary skill in the art prior to the effective filing date would find it obvious to combine the monitoring system of Streett with the multi-parameter sensor taught in Platteel as a way to cut down on the size of the overall monitoring system.
Regarding claim 9, Streett as modified by Platteel teaches the invention as explained above in claim 1, and further teaches the at least one water quality parameter is one or more of pH, alkalinity, mineral levels, hardness, chlorine, TDS, temperature, conductivity, dissolved oxygen, turbidity, and total coliform and E. coli bacteria (Street: column 2, lines 25-29 discloses the water quality parameters may be pH, alkalinity, etc.).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Streett (US10041923B1) in view of Platteel (US20100043129A1) as applied to claim 1 above, and further in view of Deshmukh (P. Deshmukh, A. Mohite, H. Bhoir, R. Patil and A. Bhonde, "Intelligent Public Toilet Monitoring System Using IoT," 2020 IEEE Bangalore Humanitarian Technology Conference (B-HTC), Vijiyapur, India, 2020, pp. 1-6, doi: 10.1109/B-HTC50970.2020.9297839.).
Regarding claim 6, Streett as modified by Platteel teaches the invention as explained above in claim 1, but fails to teach the computer device compares the measurement of the at least one water quality parameter against a threshold value and when the measurement of the at least one water quality parameter meets or exceeds the threshold value, the computing device transmits an alert to a user device.
However, in the same field of endeavor of toilet monitoring, Deshmukh teaches a computer device ('microcontroller' - Section I, subsection A) which compares the measured parameter to a threshold, and sends an alert to a user device when the threshold is exceeded (Table II discloses sending a notification of at least one water parameter to a user device; Section IV, subsection C discloses a mobile phone app which transmits the measurements to a user device).
Deshmukh discloses that an advantage of alerting a user device to a measured parameter exceeding a threshold is it prevents the toilet from becoming too dirty, ensuring cleanliness (Section V). Thus, a person having ordinary skill in the art prior to the effective filing date would find it obvious to combine the water monitoring system of Streett as modified by Platteel with the alert system taught by Deshmukh in order to prevent the toilet from becoming too dirty.
Claim 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Streett (US10041923B1) as applied above to claim 10, in further view of Platteel (US20100043129A1).
Regarding claim 11, Streett teaches the invention as explained above in claim 10, and further teaches transmitting measurements to the respective computing device and the respective computing device stores the measurements on the server (Streett: paragraph [0067] discloses the sensors communicates with a control system).
Streett fails to teach when water in the respective water tank is changed out the respective at least one sensor of the respective monitoring device takes a second measurement of the at least one water quality parameter.
However, Platteel teaches flushing the reservoir (paragraph [0006]) as well taking continuous measurements of the water (paragraph [0014]), therefore the water would be sampled before and after flushing the reservoir.
Platteel discloses that continuous measurements and flushing the toilet reservoir in accordance with the measurements taken are both vital to ensure fauna and bacteria are not growing (Platteel: paragraph [0013]). A person having ordinary skill in the art would find it obvious to combine the water monitoring system of Streett as modified by Platteel with the flushing and measurements taken before and after flushing taught by Platteel as a way to ensure fauna and bacteria are not growing in the water.
Regarding claim 12, Street as modified by Platteel teaches the invention as explained above in claim 11, and further teaches each time water in the respective water tank is changed out the respective at least one sensor takes a subsequent measurement of the at least one water quality parameter (Platteel: paragraph [0006] discloses flushing the reservoir, while paragraph [0014] discloses continuous water sampling. Therefore, the water would be sampled multiple times after the water is changed) and transmits the subsequent measurement to the respective computing device and the respective computing device stores the subsequent measurement on the server (Streett: paragraph [0067] discloses the sensors communicates with a control system).
As discussed above, Platteel discloses that continuous measurements and flushing the toilet reservoir in accordance with the measurements taken are both vital to ensure fauna and bacteria are not growing (Platteel: paragraph [0013]). A person having ordinary skill in the art would find it obvious to combine the water monitoring system of Streett as modified by Platteel with the flushing and subsequent measurements taken after flushing taught by Platteel as a way to ensure fauna and bacteria are not growing in the water.
Regarding claim 13, Streett as modified by Platteel teaches the invention as explained above in claim 12, and further teaches the server determines a second water quality parameter based on the respective measurement of the at least one water quality parameter, the respective second measurement of the at least one water quality parameter, and the respective subsequent measurement of the at least one water quality parameter of each of the monitoring devices stored on the server (Streett: column 4, lines 55-67 disclose the test water being re-measured and determining temperature of the water in addition to the salinity, and then using the salinity and temperature to calculate the pH of the water).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Streett (US10041923B1) in view of Platteel (US20100043129A1) as applied to claim 13 above, and further in view of Deshmukh (P. Deshmukh, A. Mohite, H. Bhoir, R. Patil and A. Bhonde, "Intelligent Public Toilet Monitoring System Using IoT," 2020 IEEE Bangalore Humanitarian Technology Conference (B-HTC), Vijiyapur, India, 2020, pp. 1-6, doi: 10.1109/B-HTC50970.2020.9297839.).
Regarding claim 14, Streett as modified by Platteel teaches the invention as explained above in claim 13, but fails to teach the respective measurement of the at least one water quality parameter, the respective second measurement of the at least one water quality parameter, the respective subsequent measurement of the at least one water quality parameter, and the second water quality parameter are transmitted and displayed on a user device.
However, in the same field of endeavor of toilet monitoring, Deshmukh teaches a computer device ('microcontroller' - Section I, subsection A) which compares the measured parameter to a threshold, and sends an alert to a user device when the threshold is exceeded (Table II discloses sending a notification of at least one water parameter to a user device; Section IV, subsection C discloses a mobile phone app which transmits the measurements to a user device).
Deshmukh discloses that an advantage of alerting a user device to a measured parameter exceeding a threshold is it prevents the toilet from becoming too dirty, ensuring cleanliness (Section V). Thus, a person having ordinary skill in the art prior to the effective filing date would find it obvious to combine the water monitoring system of Streett as modified by Platteel with the alert system taught by Deshmukh in order to prevent the toilet from becoming too dirty.
Conclusion
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/ALEXANDRIA MENDOZA/ Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/ Supervisory Patent Examiner, Art Unit 2877