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 .
DETAILED ACTION
Priority
Acknowledgment is made of applicant's claim for domestic benefit based on provisional application 62/966,426 filed on January 27,2020.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1- 22 of U.S. Patent No. 11,738,361. Although the claims at issue are not identical, they are not patentably distinct from each other because they are simple changes of a statutory category. A person of ordinary skill in the art would conclude that the invention defined in the claims at issue would have been an obvious variation of the invention defined in the claims of the U.S. Patent. Comparisons of selected claims in the instant application are shown in the following table. A mapping of claims to those disclosed in the ‘361 patent is as shown in the table; and other claims could also be mapped to similar claims in the patent.
Claims in instant App: 18/889,965
Claims in US Patent 11,738,361
1. A system for controlling irrigation, comprising: a server remote from an irrigation site and coupled by a wide area network to an irrigation device at the irrigation site, the irrigation device configured to control a rotary sprinkler; and a mobile application configured to be stored and executed by a mobile electronic device, wherein when executed, the mobile application is configured to:
cause a user interface to be displayed to a user via a display screen of the mobile electronic device, the user interface providing an option for the user to select a user entered number of watering passes for the rotary sprinkler;
and communicate the user entered number of watering passes to the server;
wherein the server is configured to:
determine, using the user entered number of watering passes, a run time that will result in irrigation by the rotary sprinkler for the user entered number of watering passes;
REPEAT: wherein the server is configured to:
determine, using the user entered number of watering passes, a run time that will result in irrigation by the rotary sprinkler for the user entered number of watering passes;
and output a control signal for delivery via the wide area network to the irrigation device, the control signal configured to cause the irrigation by the rotary sprinkler for the user entered number of watering passes.
1. A system for controlling irrigation, comprising: an irrigation control unit comprising:
an input configured to receive a user entered numerical value representing a user entered number of watering passes for a rotary sprinkler configured to repetitively rotate about an arc and irrigate an area of an irrigation site, wherein each rotation about the arc comprises a watering pass;
a memory coupled to the input and configured to store the user entered number of watering passes, the memory also configured to store arc rotation data for the rotary sprinkler corresponding to a time duration for the rotary sprinkler to make the watering pass about the arc;
and a control circuit coupled to the input and the memory, the control circuit configured to: responsive to the user entering, via the input, the numerical value representing the user entered number of watering passes for the rotary sprinkler, receive the user entered number of watering passes;
receive the arc rotation data; determine, using the user entered number of watering passes and the arc rotation data, a run time that will result in irrigation by the rotary sprinkler about the arc for the user entered number of watering passes; and store the run time,
wherein the irrigation control unit is configured to cause irrigation using the rotary sprinkler for a duration of the run time.
2. The system of claim 1,
wherein the mobile electronic device includes a memory that stores one or more of: the mobile application;
a time duration for the rotary sprinkler to make a watering pass about a defined arc; a time duration for the rotary sprinkler to make the watering pass about a 360 degree arc, and an arc setting defining a portion of the 360 degree arc for the rotary sprinkler; and a rotation speed of the rotary sprinkler defined in units of rotation degree portion over time, and the arc setting defining the portion of the 360 degree arc for the rotary sprinkler.
2. The system of claim 1 wherein the arc rotation data stored in the memory comprises one or more of: the time duration for the rotary sprinkler to make the watering pass about the arc; a time duration for the rotary sprinkler to make the watering pass about a 360 degree arc, and an arc setting defining a portion of the 360 degree arc for the rotary sprinkler; and a rotation speed of the rotary sprinkler defined in units of rotation degree portion over time, and the arc setting defining the portion of the 360 degree arc for the rotary sprinkler.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1- 20 of U.S. Patent No. 12,097,516. Although the claims at issue are not identical, they are not patentably distinct from each other because they are simple changes of a statutory category. A person of ordinary skill in the art would conclude that the invention defined in the claims at issue would have been an obvious variation of the invention defined in the claims of the U.S. Patent. Comparisons of selected claims in the instant application are shown in the following table. A mapping of claims to those disclosed in the ‘516 patent is as shown in the table; and other claims could also be mapped to similar claims in the patent.
Claims in instant App: 18/889,965
Claims in US Patent 12,097,516
1. A system for controlling irrigation, comprising: a server remote from an irrigation site and coupled by a wide area network to an irrigation device at the irrigation site, the irrigation device configured to control a rotary sprinkler; and a mobile application configured to be stored and executed by a mobile electronic device, wherein when executed, the mobile application is configured to:
cause a user interface to be displayed to a user via a display screen of the mobile electronic device, the user interface providing an option for the user to select a user entered number of watering passes for the rotary sprinkler;
and communicate the user entered number of watering passes to the server;
wherein the server is configured to:
determine, using the user entered number of watering passes, a run time that will result in irrigation by the rotary sprinkler for the user entered number of watering passes;
and output a control signal for delivery via the wide area network to the irrigation device, the control signal configured to cause the irrigation by the rotary sprinkler for the user entered number of watering passes.
1. A system for controlling irrigation, comprising: an irrigation control unit comprising:
an input configured to receive a user entered number of watering passes for a rotary sprinkler configured to repetitively rotate about a defined arc and irrigate an area of an irrigation site, wherein each rotation about the defined arc comprises a watering pass;
a memory coupled to the input and configured to store the user entered number of watering passes, the memory also configured to store arc rotation data for the rotary sprinkler, wherein the arc rotation data represents a time duration for the rotary sprinkler to make the watering pass about the defined arc;
and a control circuit coupled to the input and the memory, the control circuit configured to: receive the user entered number of watering passes; receive the arc rotation data; determine, using the user entered number of watering passes and the arc rotation data, a run time that will result in irrigation by the rotary sprinkler for the user entered number of watering passes; and store the run time.
2. The system of claim 1,
wherein the mobile electronic device includes a memory that stores one or more of: the mobile application;
a time duration for the rotary sprinkler to make a watering pass about a defined arc; a time duration for the rotary sprinkler to make the watering pass about a 360 degree arc, and an arc setting defining a portion of the 360 degree arc for the rotary sprinkler; and a rotation speed of the rotary sprinkler defined in units of rotation degree portion over time, and the arc setting defining the portion of the 360 degree arc for the rotary sprinkler.
2. The system of claim 1 wherein the arc rotation data stored in the memory comprises one or more of: the time duration for the rotary sprinkler to make the watering pass about the defined arc; a time duration for the rotary sprinkler to make the watering pass about a 360 degree arc, and an arc setting defining a portion of the 360 degree arc for the rotary sprinkler; and a rotation speed of the rotary sprinkler defined in units of rotation degree portion over time, and the arc setting defining the portion of the 360 degree arc for the rotary sprinkler.
Claim Objections
Claims 1 and 15 are objected to because of the following informalities: The claims contain the last element (or similar): output a control signal for delivery via the wide area network to the irrigation device, the control signal configured to cause the irrigation by the rotary sprinkler for the user entered number of watering passes. Thus the rotary sprinkler is controlled by the entered by the user entered number of passes. However, the previous element(s) stated that the mobile application calculated a run time from the entered number of passes. Therefore the calculated run time seems to be superfluous and unused by the system; and the control signal possibly should output the time based on the user entered number of watering passes (consistent with claim 9). Appropriate correction is required.
Allowable Subject Matter
Claims 1 - 20 are allowable over the prior art of record pending resolving all intervening issues such as the non-statutory double patent rejection(s) and claim objections above. Reasons for allowance will be held in abeyance pending final recitation of the claims. The prior art does not disclose a system for controlling irrigation, comprising: a server remote from an irrigation site and coupled by a wide area network to an irrigation device at the irrigation site, the irrigation device configured to control a rotary sprinkler; and a mobile application configured to be stored and executed by a mobile electronic device, wherein when executed, the mobile application is configured to: cause a user interface to be displayed to a user via a display screen of the mobile electronic device, the user interface providing an option for the user to select a user entered number of watering passes for the rotary sprinkler; and communicate the user entered number of watering passes to the server; wherein the server is configured to: determine, using the user entered number of watering passes, a run time that will result in irrigation by the rotary sprinkler for the user entered number of watering passes; and output a control signal for delivery via the wide area network to the irrigation device, the control signal configured to cause the irrigation by the rotary sprinkler for the user entered number of watering passes. Palmer and Lee cited below teach a portion of the independent claims. But do not teach the exact elements of the claimed invention.
Palmer (US PG Pub. No. 20110049260), herein “Palmer,” teaches a system for controlling irrigation, comprising: a server remote from an irrigation site (Par. 0011: .”…distant central control system…”) and coupled by a wide area network to an irrigation device at the irrigation site, (Par. 0013: “Irrigation systems with a large number of sprinklers require a central controller unit…” Par. 0031: “FIG. 1 illustrates an example irrigation system 100 according to the present invention in which a central computer 102 communicates with and controls a plurality of satellite controllers 104 and sprinklers 106.”)
the irrigation device configured to control a rotary sprinkler; (Par. 0005: “The riser assembly of a pop-up or above-the-ground sprinkler head can remain rotationally stationary or can include a portion that rotates in continuous or oscillatory fashion to water a circular or partly circular area, respectively. More specifically, the riser of the typical rotary sprinkler includes a first portion ( e.g. the riser)…”)
and a mobile application configured to be stored and executed by a mobile electronic device, wherein when executed, the mobile application is configured to: (Par. 0088: “The irrigation software according to a preferred embodiment of the present invention provides a user interface at not only the central computer 102 but through a wireless mobile PDA. By providing an interface to the irrigation software by a wireless network connection via the PDA, the user can interact and operate with the irrigation software anywhere on the turf or even at a remote location with an internet connection.”)
wherein the server (central computer) is configured to: determine, using the user entered number of watering passes, a run time that will result in irrigation by the rotary sprinkler for the user entered number of watering passes; (The closest paragraphs that teaches these elements are the underlined: Par. 0031: “As described in further detail below, the central computer 102 executes irrigation control software that creates irrigation schedules, monitors various components of the irrigation system 100, and otherwise controls the components of the irrigation system 100.” Par. 0080: “In addition to calculating and compensating for smaller, problem areas, the above-described moisture need/content calculations by the irrigation software can be used to suggest and automatically implement a watering schedule appropriate to all of the designated watering areas of the irrigation. In this respect, the irrigation software calculates the water need for each watering area (e.g. watering area 142 in FIG. 3), determines the runtimes, watering arcs, and other watering aspects for each sprinkler, and then creates an appropriate watering schedule. However, this automatic watering suggestion can be manually adjusted by the user to tweak an automatic schedule or even radically revise a schedule according to the user's preference.” Par. 0060: “Preferably, as a user changes the watering arc for a specific sprinkler, the watering run time is automatically adjusted to maintain a desired watering amount of water. For example, when the user increases the watering arc size, the run time of the schedule for that sprinkler is increased. One example formula to calculate this changes is the New Runtime=(Area increased+Original Area)/(Original Area*Original Time). In another example, the run time of the sprinkler is decreased when the watering arc size is decreased. One example formula for calculating this change is the New Runtime=(Area Decreased/Original Area)*(Original Time).”
Paragraph 0080 states that the central controller software determines the runtimes and watering arcs, but this does not equate to determining a run time that will result in irrigation for the user inputted number of watering passes and then control the network of sprinklers by the run time and/or watering passes.)
Another reference was found that teaches a user interface that inputs the revolutions for a device; such as a sprinkler. Lee et al. (US PG Pub. No. 20170118640), herein “Lee,” teaches: cause a user interface to be displayed to a user via a display screen of the mobile electronic device, the user interface providing an option for the user to select a user entered number of watering passes for the rotary sprinkler; (Par. 0044: “…According to another embodiment, the electronic device may include at least one of various… a sprinkler device…” Par. 0178: “As described above, when the number of rotations to be input is high, the number of rotations of the body of rotation may be adjusted through various input means included in the electronic device 101. Through the above, the user may conveniently and quickly input rotations by adjusting the number of rotations of the body of rotation, instead of rotating the body of rotation one by one.” Par. 0070: “…the number of rotations, and the rotation angle of the body of rotation may be obtained or adjusted by a touch input, an electronic pen input, a hovering input, or a force touch provided from a user, which may be received through the display 160.”)
Lee also teaches and communicate the user entered number of watering passes to the server; (Par. 0057: “The communication interface 170 sets communication between, for example, the electronic device 101 and an external device 102, a second external electronic device 104, or a server 106. For example, the communication interface 170 may be connected to the network 162 through wireless or wired communication to communicate with the second external electronic device 104 or the server 106.” See figure 1. See also Palmer Par. 0088.)
However, Palmer or the combination of Lee and Palmer do not explicitly teach the claimed element of: output a control signal for delivery via the wide area network to the irrigation device, the control signal configured to cause the irrigation by the rotary sprinkler for the user entered number of watering passes (or calculated time; See objection above.)
Abts (US PG Pub. No. 20130211717) teaches that a computer and computer software determines the times of arrival for a tower based on a circular path. But this reference does not calculate a total time for a user entered number of watering passes for a rotary sprinkler.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD G ERDMAN whose telephone number is (571)270-0177. The examiner can normally be reached Mon - Fri 7am - 3pm or 4pm EST..
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/CHAD G ERDMAN/Primary Examiner, Art Unit 2116
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