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
Claims 22, 23, 26, 27, are objected to because of the following informalities: Claims are dependent on a cancelled claim. Appropriate correction is required.
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 22, 23, 26, 27, 28 are 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.
Claims 22 and 23 recites the limitation "the feedback" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 26 recites the limitation "the instructions" in line 1, “the basin” in line 2, “the local control system” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 27 recites the limitation "the operations" in line 1 and “the local control system” in line 2. There is insufficient antecedent basis for this limitation in the claim.
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(s) 21-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chan (US Patent 2010/0146691).
Regarding Claim 21, Chan shows a nontransitory computer readable medium storing instructions that, when executed by a processor (01), causes the processor to perform the operations of: entering instructions into a remote control system (paragraph 36); receiving the instructions on a local control system from the remote control system to control operation of a basin using an actuator (paragraph 37); based on at least one sensor (paragraph 5) detecting, attempting actuation of an aspect of the basin via the actuator (paragraph 38 lines 1-6); and providing feedback to the local controller based on the attempted actuation (paragraph 38 steps 4 and 5).
Regarding Claim 22, Chan shows the nontransitory computer readable medium of claim 1, wherein the feedback comprises errors (paragraph 54).
Regarding claim 23, Chan shows the nontransitory computer readable medium of claim 1, wherein the feedback comprises errors (paragraph 53-54).
Reading Claim 24, Chan shows the nontransitory computer readable medium of claim 23, wherein the errors or malfunctions comprise at least one of error reports (Paragraph 53 and 56).
Regarding Claim 25, Chan shows the nontransitory computer readable medium of claim 21, wherein the at least one sensor comprises an environmental sensor (outdoor temperature; paragraph 34).
Regarding Claim 26, Chan shows the nontransitory computer readable medium of claim 1, wherein the instructions are programmed to control a flush volume in the basin via the local control system (paragraph 37).
Regarding Claim 27. Chan shows the nontransitory computer readable medium of claim 1, wherein the operations further comprise: collecting data via the local control system (paragraph 37).
Regarding Claim 28, Chan shows the nontransitory computer readable medium of claim 27, wherein the collected data comprises at least one of at least one dual flush activation or single flush activation (paragraph 39).
Regarding Claim 29, Chan shows a method comprising: entering instructions into a remote control system (paragraph 36); receiving the instructions on a local control system from the remote control system to control operation of a basin using an actuator (71, 72; paragraph 37); based on at least one sensor detecting (paragraph 5), attempting actuation of an aspect of the basin via the actuator (Paragraph 37); and providing feedback to the local controller based on the attempted actuation (paragraph 38 steps 4 and 5).
Regarding Claim 30. (New) The method of claim 29, wherein the feedback comprises errors (paragraph 54).
Regarding Claim 31, Chan shows the method of claim 29, wherein the feedback comprises errors (paragraph 53-54).
Regarding Claim 32, Chan shows the method of claim 31, wherein the errors or malfunctions comprise at least one of error reports (Paragraph 53 and 56).
Regarding Claim 33, Chan shows the method of claim 29, wherein the at least one sensor comprises an environmental sensor (outdoor temperature; paragraph 34)..
Regarding Claim 34, Chan shows the method of claim 29, wherein the instructions are programmed to control a flush volume in the basin via the local control system (paragraphs 35 and 37).
Regarding Claim 35, Chan shows the method of claim 29, wherein the operations further comprise: collecting data via the local control system (paragraph 37).
Regarding Claim 36, Chan shows the method of claim 35, wherein the collected data comprises at least one dual flush activation or single flush activation (paragraph 39).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reddy et al (US Patent Publication 20060005312) is directed to the state of the art as a teaching of a measuring and monitoring device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ASHLEY CRANE whose telephone number is (571)270-5198. The examiner can normally be reached Mondays & Tuesdays 8 am - 4pm.
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/LAUREN A CRANE/Primary Examiner, Art Unit 3754
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