DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. Claims 1-24 have been examined and rejected. This is the first Office action on the merits.
Claim Objections
3. Claim 14 is objected to because of the following informalities: On [line 2] of claim 14, Examiner suggests changing “in which control unit” to --in which the control unit--.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
4. 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.
5. Claims 1-6, 8, 10-15, and 19-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bird et al (U.S. Patent No. 6,997,064).
5-1. Regarding claim 1, Bird teaches the claim of a garden watering flow meter comprising an inlet for accepting water, an outlet for outputting water, a flow communication path between the inlet and the outlet, and a flow sensor for sensing flow into, in, or out of, the flow communication path, by disclosing a digital fluid metering and control device 10 having a housing 12 attached to a tee 15 from a water pipe 14 attached to a plumbing fixture 16 via a first coupler 13 [column 3, lines 18-24; figure 1]. Water delivered downstream of the digital device travels through the pipe 14 and then to a shower head 19 attached to the pipe 14 via a second coupler 18 [column 3, lines 59-62]. A sensor inside the housing 12 provides information used to determine the volume flow rate and volume that will be sent to a volume rate display 20 and volume display 24 [column 4, lines 30-45; figure 2A]. The device may be attached to a hose [column 4, lines 57-61].
Bird teaches wherein the flow meter further comprises a control arrangement for controlling the flow between the inlet and the outlet, the control arrangement comprising a valve moveable between an open state which allows flow in the a flow communication path between the inlet and the outlet and a closed state which obstructs flow between the inlet and the outlet, a drive arrangement for driving the valve between the open and closed states, and a control unit for controlling operation of the drive arrangement in dependence on an output from the flow sensor, by disclosing that water flow rates are controlled via a water flow valve inside pipe 14 [column 3, lines 54-56]. Once a targeted water volume has been reached [column 3, line 66 to column 4, line 2; column 5, line 33-35], a spring-loaded butterfly valve inside the housing snaps shut [column 5, lines 6-9, 65-67; column 8, lines 4-5].
5-2. Regarding claim 2, Bird teaches all the limitations of claim 1 in which the control arrangement is arranged to determine, using an output of the flow sensor, a volume of fluid delivered by the flow meter, by disclosing that a sensor inside the housing 12 provides information used to determine the volume flow rate and volume that will be sent to a volume rate display 20 and volume display 24 [column 4, lines 30-45; figure 2A].
5-3. Regarding claim 3, Bird teaches all the limitations of claim 1 in which the control arrangement is arranged to control operation of the drive arrangement in dependence on a volume of fluid delivered by the flow meter as determined by the controller arrangement using the flow sensor, by disclosing that once a targeted water volume has been reached [column 3, line 66 to column 4, line 2; column 5, line 33-35], a spring-loaded butterfly valve inside the housing snaps shut [column 5, lines 6-9, 65-67; column 8, lines 4-5].
5-4. Regarding claim 4, Bird teaches all the limitations of claim in which the control unit is arranged to accept an input defining a user selected volume of fluid for delivery, by disclosing that a targeted water volume is set by the user [column 3, lines 34-35].
5-5. Regarding claim 5, Bird teaches all the limitations of claim 4 in which the control unit is arranged to determine a volume of fluid delivered by the flow meter after a start point and cause the drive arrangement to drive the valve to the closed state when the determined volume of fluid delivered reaches or exceeds the user selected volume of fluid as specified by the accepted input, by disclosing that once a targeted water volume has been reached [column 3, line 66 to column 4, line 2; column 5, line 33-35], a spring-loaded butterfly valve inside the housing snaps shut [column 5, lines 6-9, 65-67; column 8, lines 4-5].
5-6. Regarding claim 6, Bird teaches all the limitations of claim 5. Although Bird does not expressly teach the claim in which the start point is defined by receipt of a start input at the control unit, by disclosing that the processor starts determining volume flow rate and volume once input is received from the electromagnetic sensor [column 4, lines 30-43].
5-7. Regarding claim 8, Bird teaches all the limitations of claim 1 in which the garden watering flow meter comprises a manually operably control, moveable between a plurality of positions, such as a dial or knob, and usable by a user to provide a selected volume of fluid for delivery input to the control unit, with each of the plurality of positions corresponding to a respective mutually different selected volume of fluid for delivery, by disclosing an adjustment handle 17 that controls water flow rates via a water flow valve inside the pipe 14 [column 3, lines 54-59].
5-8. Regarding claim 10, Bird teaches all the limitations of claim 1 which comprises a display screen for indicating information to a user, by disclosing a display screen for displaying water flow rate and target volume to be delivered [column 3, lines 25-31; figure 1].
5-9. Regarding claim 11, Bird teaches all the limitations of claim 10 in which the display screen is arranged to accept user input, by disclosing that the user may set the targeted water volume [column 3, lines 34-35].
5-10. Regarding claim 12, Bird teaches all the limitations of claim which comprises a wireless communication module for allowing communication between the controller and a separate device, by disclosing that the central processor unit is remotely monitored and controlled [column 6, lines 29-33].
5-11. Regarding claim 13, Bird teaches all the limitations of claim 12 in which the control unit is arranged to accept an input defining a user selected volume of fluid for delivery received via the communication module, by disclosing that a targeted water volume is set by the user [column 3, lines 34-35].
5-12. Regarding claim 14, Bird teaches all the limitations of claim 12 in which control unit is arranged to accept a start input received via the communication module, by disclosing that the fluid volume limit as displayed on the central processing unit are remotely controlled [column 3, lines 34-35; column 6, lines 30-32].
5-13. Regarding claim 15, Bird teaches all the limitations of claim 1 which is tap mountable, by disclosing that the fluid metering and control device can be attached to spigots and water faucets [column 1, lines 52-53].
5-14. Regarding claim 19, Bird teaches a garden watering flow meter system comprising: a garden watering flow meter according to claim 1; a client device arranged under the control of software for communication via a network with the garden watering flow meter and for accepting user inputs which cause control of the garden watering flow meter, by disclosing that the central processor unit is remotely monitored and controlled [column 6, lines 28-32].
5-15. Regarding claim 20, Bird teaches a client device arranged under the control of software for communication via a network with a garden watering flow meter according to claim 1 and for accepting user inputs which cause control of the garden watering flow meter, by disclosing that the central processor unit is remotely monitored and controlled [column 6, lines 28-32].
5-16. Regarding claim 21, Bird teaches all the limitations of claim 20 which is arranged to accept user inputs for indicating a volume of water to be delivered through the flow meter, by disclosing that values of the fluid volume limit as displayed on the central processing unit are remotely controlled [column 6, lines 31-33].
5-17. Regarding claim 22, Bird teaches all the limitations of claim 20 which is arranged to accept a user start input for delivery to the garden watering flow meter for at least one of: i) defining a start point for measuring a volume of water delivered through the flow meter; and ii) starting water delivery through the flow meter, by disclosing that the fluid volume limit as displayed on the central processing unit are remotely controlled [column 3, lines 34-35; column 6, lines 30-32].
Claim Rejections - 35 USC § 103
6. 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.
7. Claim 7 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Bird et al (U.S. Patent No. 6,997,064).
7-1. Regarding claim 7, Bird teaches all the limitations of claim 6. Although Bird does not expressly teach the claim in which the garden watering flow meter comprises a manually operably control, such as a button, usable by a user to provide a start input to the control unit, for the electromechanical embodiment, Bird does disclose a start flow button for a mechanical embodiment that opens the valve to start a water delivery cycle [column 5, lines 9-11]. This would provide more tactile feedback to the user so that they can physically confirm that the button was pressed to start the flow of water and ultimately, the process in determining volume flow rate and volume. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a physical start button for the electromechanical embodiment of Bird, since Bird discloses that providing such a button for a flow meter was well known. This would provide more tactile feedback to the user so that they can physically confirm that the button was pressed to start providing input to the control unit.
7-2. Regarding claim 16, Bird teaches all the limitations of claim 1. Although Bird does not expressly teach the electromechanically embodiment which is connectable in-line between two lengths of hose, Bird does disclose connecting a first end of the housing 110 of the mechanical embodiment to the end of a hose and a second end of the housing to a hose 116 [column 4, lines 57-61]. This would expand the versatility of the digital metering device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the electromechanical embodiment of Bird connectable in-line between two lengths of hose, since Bird discloses that such a configuration was well known. This would expand the versatility of the digital metering device.
7-3. Regarding claim 17, Bird teaches all the limitations of claim 1. Although Bird does not expressly teach the electromechanical embodiment which is arranged as a hose end component for provision at the end of a hose and which comprises a hose connector portion on which a hose is mountable, Bird does disclose connecting a first end of the housing 110 of the mechanical embodiment to the end of a hose and a second end of the housing to a hose 116 [column 4, lines 57-61]. This would expand the versatility of the digital metering device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the electromechanical embodiment of Bird connectable in-line between two lengths of hose, since Bird discloses that such a configuration was well known. This would expand the versatility of the digital metering device.
7-4. Regarding claim 18, Bird teaches all the limitations of claim 17 which is arranged as a hose fitting which comprises a connector mounting portion for accepting a connector portion of a component to be connected to the hose fitting, by disclosing connecting a first end of the housing 110 of to the end of a hose and a second end of the housing to a hose 116 [column 4, lines 57-61].
8. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bird et al (U.S. Patent No. 6,997,064) in view of Beachy (U.S. Patent No. 8,127,967).
8-1. Regarding claim 9, Bird teaches all the limitations of claim 8. Bird does not expressly teach in which the units of volume indicated for selection by a user are presented in terms of a number of watering cans. Beachy discloses a control switch assembly that allows a user to select a unit of measure for dispensing water, and even define a customizable unit of measure and adjust volumetric units into different quantities, wherein the number of times the momentary push switch is actuated determines the number of the selected units to be dispensed [column 4, lines 21-40]. This would allow a user to more easily select an accurate amount of water to dispense. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a control switch assembly having set increments corresponding to an amount of water to dispense, as taught by Beachy. This would allow a user to more easily select an accurate amount of water to dispense.
9. Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Bird et al (U.S. Patent No. 6,997,064) in view of Sarver (Pub. No. US 2022/0124993).
9-1. Regarding claim 23, Bird teaches all the limitations of claim 20. Bird does not expressly teach the client device according to claim 20 which is arranged under control of software to indicate to a user a volume of water delivered through the flow meter. Sarver discloses a flow system 2 that includes a flow sensor 4 connected via a plurality of fluid delivery pipes (6, 8) between a fluid source 10 and a fluid distributor 12 [paragraph 65; figure 1]. Controller 52 is configured with an algorithm that determines, based on the data modulated on the electrical signal output by flow sensor 4, the actual volume of fluid passing by, proximate to, or through the flow sensor 4 during a period of time [paragraphs 82, 118; figures 7, 8]. The controller 52 is provided to control the open and closed states of one or more fluid valves 26 and/or 30 [paragraph 76, lines 12-20; figure 7] based on the actual volume of fluid determined by a second processor to be flowing by, proximate to, or through the flow sensor [paragraph 119]. In the nature of a conventional irrigation controller, this would allow for the control of the volume of fluid (water) provided to an area being irrigated based on a count of the electrical pulses output by the flow sensor 4 over a period of time [paragraphs 124, 153]. A radio 64 may be utilized by a first processor or controller 54 to wirelessly communicate or upload the accumulated or summed actual volume of fluid determined by first processor controller 54 to be passing by, proximate to, or through flow sensor 4 to a remote server 66 via a smart device 68 with wireless communication means [paragraph 128; figure 8]. This would allow such data to be used by third parties to improve the management of resources [paragraphs 141-142]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to wirelessly communicate the volume of fluid passing through a flow sensor of a flow metering device to a client device, as taught by Sarver. This would allow such data to be used by third parties to improve the management of resources.
10. Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Bird et al (U.S. Patent No. 6,997,064) in view of Lance et al (Pub. No. US 2020/0264067).
10-1. Regarding claim 24, Although Bird discloses that the central processor unit is remotely monitored and controlled [Bird, column 6, lines 28-32], which implicitly requires some device communicating with the metering device over a network, Bird does not expressly teach a physical media computer program product carrying code portions which when loaded and run on a web enabled computer device cause the computer device to operate as a client device according to claim 20. Lance discloses a monitoring and control system including a proportional control valve 10 having an inlet port 11 connected with a water source U (utility side) and an outlet port 12 connected with a local plumbing system H (home side), with upstream and downstream pressure sensors 30, 40 , which may be integral to or assembled (directly or indirectly) with the valve 10 , positioned upstream and downstream of a flow regulating valve element 20, to measure fluid pressure upstream and downstream from the valve element [paragraph 28, lines 1-11]. The proportional control valve 10 includes an electronically operated actuator 50 operable to adjust the valve element 20 [paragraph 28, lines 11-18]. A control module 60 is operatively connected (e.g., by wired or wireless electronic communication) with the pressure sensors 30, 40 to receive and process fluid pressure data, and with the actuator 50 to provide actuating signals for operation of the actuator to adjust the valve element to a selected flow position, between closed and fully open, for example, in response to user input or in response to sensed pressure data from the pressure sensors [paragraph 28, lines 18-25]. The control module is able to calculate the flow rate through the valve, the amount of water flowing from the local plumbing system, and the total amount of water used [paragraph 39]. The monitoring system, utilizing software provided in a remote software-based or web-based application, may analyze water usage data as measured by the control module to identify water usage conditions within the local plumbing system and communicate water usage data to an end user [paragraph 53]. This would allow data regarding water usage to be easily accessible to a user to improve the management of resources. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a web-based application to monitor water usage data received a metering device, as taught by Lance. This would allow data regarding water usage to be easily accessible to a user to improve the management of resources.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVIN H TAN whose telephone number is (571)272-8595. The examiner can normally be reached M-F 10AM-6PM.
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/ALVIN H TAN/Primary Examiner, Art Unit 2118
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