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.
Claims 1-5 and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeda (US PgPub 2017/0287308).
Regarding claim 1, Takeda discloses a system for monitoring flooding (Figure 3), the system comprising: a plurality of flood monitoring stations, each flood monitoring station including a housing, a water level sensor, a rainfall sensor, a processor, and a wireless communications device (Figure 1, Elements 125, 129, 140, 150, Figure 3, Elements 100-1-100-N and Paragraphs 0058 and 0060 where each observation system includes both a water level sensor and a weather sensor that detects a rainfall amount); and a flood warning station in wireless communication with the processor at each flood monitoring station via the wireless communications device at each flood monitoring station (Figure 3, Element 200 and Paragraphs 0069-0070 where the observation systems are in wireless communication with a master unit processing device); wherein the processor (Figure 1, Element 140) at each flood monitoring station is configured to: determine a water level with the water level sensor at a first periodic rate and compare the water level to a first threshold (Figure 8 and Paragraphs 0058, 0093, 0095, 0099 and 0100 where the water level sensor detects water levels and compares the water level to disaster (flood) triggering levels); determine a rainfall accumulation with the rainfall sensor at a second periodic rate and compare the rainfall accumulation to a second threshold (Figure 4 and Paragraphs 0078, 0088, 0093, 0094 and 0095 where the weather sensor that detects a rainfall amount detects a rainfall amount and compares the rainfall amount to disaster (flood) triggering levels); assign a threat level to the flood monitoring station based on at least one of the comparison to the first threshold, the comparison to the second threshold, and a combination thereof (Figure 12 and Paragraphs 0049, 0058, 0075, 0081, 0086, 0088, 0093, 0095 and 0115-0132 where disaster (flood) threat level is determined based on the detected water level and rainfall amount); and communicate wirelessly, to the flood warning station, a data packet comprising at least one of a most recent water level, a most recent rainfall accumulation, an assigned threat level, and a combination thereof (Figure 3, Element 200 and Paragraphs 0127, 0140, 0141, 0142 and 0143 where the threat level and/or sensed water level and rainfall amount data are transmitted to the master unit processing device).
Regarding claim 2, Takeda discloses wherein the processor at each flood monitoring station is further configured to determine whether the assigned threat level is above a minimum threat level threshold, and communicate the data packet to the flood warning station if the assigned threat level exceeds the minimum threat level threshold (Figure 3, Element 200 and Paragraphs 0049, 0058, 0075, 0081, 0086, 0088, 0093, 0095, 0115-0132, 0140, 0141, 0142 and 0143 where the threat level and/or sensed water level and rainfall amount data are transmitted to the master unit processing device when above predetermined levels).
Regarding claim 3, Takeda discloses wherein the processor at each flood monitoring station is further configured to include a measurement type identifier in the data packet, wherein the measurement type identifier is indicative of a type of measurement that caused the assigned threat level to exceed the minimum threat level threshold (Figure 3, Element 200 and Paragraphs 0049, 0058, 0075, 0081, 0086, 0088, 0093, 0095, 0115-0132, 0140, 0141, 0142 and 0143 where the threat level and/or sensed water level and rainfall amount data are transmitted to the master unit processing device when above predetermined levels. Water levels of specific types are identified).
Regarding claim 4, Takeda discloses wherein the processor at each flood monitoring station is further configured to include a sensor identifier in the data packet, wherein the sensor identifier is indicative of which sensor sensed the measurement that caused the assigned threat level to exceed the minimum threat level threshold (Figure 3, Element 200 and Paragraphs 0049, 0058, 0075, 0081, 0086, 0088, 0093, 0095, 0115-0132, 0140, 0141, 0142 and 0143 where the threat level and/or sensed water level and rainfall amount data are transmitted to the master unit processing device when above predetermined levels. Water levels of specific types are identified).
Regarding claim 5, Takeda discloses wherein the processor at each flood monitoring station is further configured to determine a rate of change in the water level and/or rainfall accumulation, compare the rate of change to a rate threshold, and increase the first periodic rate and/or the second periodic rate if the rate of change is greater than or equal to the rate threshold (Figure 12 and Paragraphs 0049, 0058, 0075, 0081, 0086, 0088, 0093, 0095 and 0115-0132 where disaster (flood) threat level is determined based on the rate of change of detected water level and rainfall amount. Based on threat level, the frequencies of water level and rainfall amount detection are increased).
Method claims 9-14 are drawn to the method of using the corresponding system claimed in claims 1-5. Therefore method claims 9-14 correspond to system claims 1-5 and are rejected for the same reasons of anticipation as used above.
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 6-8 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Takeda (US PgPub 2017/0287308) and in view of Abrahams et al. (hereafter Abrahams)(US 9,600,997).
Regarding claim 6, Takeda discloses wherein each of the plurality of flood monitoring stations is disposed adjacent to a corresponding waterbody with the water level sensor disposed in sensing communication with the corresponding waterbody; wherein the system comprises or has access to a database comprising water level sensor data, rainfall accumulation data, historical weather data, and electronically stored model data for a geographic area located distally from the plurality of flood monitoring stations; wherein the system is configured to estimate, for the geographic area, at least one of a location of flooding, a depth of flooding, a time of flooding, and a combination thereof, based at least in part on data in the database (Figure 8 and Paragraphs 0019 and 0093-0101 where real time and historical water level and rainfall data are used to model and estimate a location and timing of a flood disaster in a geographic area). Takeda does not specifically disclose wherein the system is configured to display, on a graphical user interface of the flood warning station, at least one of the location of flooding, the depth of flooding, the time of flooding, and a combination thereof, for the geographic area. In the same field of endeavor, Abrahams discloses a flood alert system where a GUI of a user mobile device is provided with visual representation of flood data. The flood data includes both location and water depth of the flood event (Figure 8 and Column 15, line 53-Column 16, line 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the flood event information display of Abrahams to the flood detection system of Takeda, thereby providing visual representation of flood event information to a display of the master unit processing device, motivation being to allow a user to visualize detected and predicted flood events while further allowing the user to take remedial action. Furthermore, such a modification involves routine skill in the art and would be absent of unexpected results.
Regarding claim 7, Takeda discloses wherein the system is further configured to determine a flood criticality for the geographic area, wherein the flood criticality is indicative of the likelihood that flooding will occur in the geographic area, and display the flood criticality on the graphical user interface (see rejection for claim 6 and Figure 12 and Paragraphs 0045, 0049, 0058, 0075, 0078, 0081, 0086, 0088, 0093, 0095 and 0115-0132 where disaster (flood) threat level is determined based on the detected water level and rainfall amount in addition to geographic features of an area).
Regarding claim 8, Takeda discloses wherein the electronically stored model data for the geographic area comprises flood estimation data resulting from the application of one or more electronically stored rainstorm models to an electronically stored model of the geographic area (Figure 8 and Paragraphs 0019 and 0093-0101 where real time and historical, stored water level and rainfall data are used to model and estimate a location and timing of a flood disaster).
Method claims 15-16 are drawn to the method of using the corresponding system claimed in claims 6-7. Therefore method claims 15-16 correspond to system claims 6-7 and are rejected for the same reasons of obviousness as used above.
Regarding claim 17, Takeda does not specifically disclose wherein the geographic area comprises a segment of roadway. In the same field of endeavor, Abrahams discloses a flood alert system in a city environment where a GUI of a user mobile device is provided with visual representation of flood data. The flood data includes both location and depth of the flood event on a roadway (Figure 8 and Column 15, line 53-Column 16, line 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the flood event information display on a roadway of Abrahams to the flood detection system of Takeda, thereby providing visual representation of flood event information to a display of the master unit processing device, motivation being to allow a user to visualize detected and predicted flood events while further allowing the user to take remedial action in various flood settings. Furthermore, such a modification involves routine skill in the art and would be absent of unexpected results.
Regarding claim 18, Takeda discloses creating an electronically stored model of the geographic area; creating an electronically stored model of a rainstorm; applying the electronically stored model of the rainstorm to the electronically stored model of the geographic area; and dynamically updating the flood criticality for the geographic area (Figure 8 and Paragraphs 0019 and 0093-0101 where real time and historical, stored water level and rainfall data are used to model and estimate a location and timing of a real time flood disaster).
Regarding claim 19, Takeda discloses accessing a database comprising water level sensor data, rainfall accumulation data, and historical weather data; and creating an electronically stored predictive model of the geographic area (Figure 8 and Paragraphs 0019 and 0093-0101 where real time and historical, stored water level and rainfall data are used to model and estimate/predict a location and timing of a real-time flood disaster).
Regarding claim 20, Takeda discloses electronically triangulating flooding in a geographic area based at least in part on one or more of the determined water level and the determined rainfall accumulation from each of the plurality of flood monitoring stations (Figure 8 and Paragraphs 0019 and 0093-0101 where real time and historical, stored water level and rainfall data are used to model and estimate/predict a location (triangulating) and timing of a real-time flood disaster). Takeda does not specifically disclose where the geographic area is a roadway segment and displaying, on a graphical user interface of the flood warning station, a visual representation of the flooding on the roadway segment. In the same field of endeavor, Abrahams discloses a flood alert system in a city environment where a GUI of a user mobile device is provided with visual representation of flood data. The flood data includes both location and depth of the flood event on a roadway (Figure 8 and Column 15, line 53-Column 16, line 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the flood event information display on a roadway of Abrahams to the flood detection system of Takeda, thereby providing visual representation of flood event information to a display of the master unit processing device, motivation being to allow a user to visualize detected and predicted flood events while further allowing the user to take remedial action in various flood settings. Furthermore, such a modification involves routine skill in the art and would be absent of unexpected results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS D ALUNKAL whose telephone number is (571)270-1127. The examiner can normally be reached M-F 9AM-5PM.
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/THOMAS D ALUNKAL/
Primary Examiner, Art Unit 2686