DETAILED ACTION
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 . Claims 2-21 filed on 11/22/2024 have been reviewed and considered by this office action.
Information Disclosure Statement
The information disclosure statement filed on 10/31/2024 has been reviewed and considered by this office action.
Drawings
The drawings filed on 9/27/2024 have been reviewed and are considered acceptable.
Specification
The specification filed on 9/27/2024 has been reviewed and is considered acceptable.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 7-9, 12, 15-16, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-5, 12, 14-15, 18, and 20 of U.S. Patent No. 12,135,532 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims contain similar claim language as presented below.
US Patent 12,135,532
Application 18/899,424
Claim 1:
A system, comprising:
a processor that executes computer executable components stored in a memory;
a coupling component that secures the system to a pipe;
a power generation component that generates power from material flowing through the pipe;
a power storage component that stores power generated by the power generation component;
a power output component that outputs power generated by the power generation component;
a tracking component that tracks and records information relating to the system;
an analysis component that analyzes the tracked and recorded information;
an artificial intelligence component that learns power needs of an at least one product that receives power generated by the power
generation component;
a configuration component that determines a desired material flow;
a regulation component that adjusts material flow through the pipe, wherein:
when the artificial intelligence component is active, the regulation component adjusts material flow according to the learned power needs of the at least one product; and
when the artificial intelligence component is not active, the regulation component adjusts material flow according to the desired material flow determined by the configuration component; and
a power component that:
in response to determining that a receiver is connected to the system, outputs the generated power to the receiver via the power output component; and
in response to determining that a receiver is not connected to the system, stores the generated power via the power storage component.
Claim 1:
A system, comprising:
a processor that executes computer executable components stored in a memory;
a coupling component that secures the system to a pipe;
a power generation component that generates power from material flowing through the pipe;
an artificial intelligence component that identifies an at least one product that can receive power generated by the power generation component, learns power needs of the least one product, and determines whether the at least one product is connected to the system; and
a regulation component that adjusts material flow through the pipe;
a power component that:
in response to determining that the at least one product is connected to the system, outputs the generated power to a receiver via the power output component; and
in response to determining that the at least one product is not connected to the system, stores the generated power via the power storage component.
Claim 4:
The system of claim 1, wherein the material flowing through the pipe comprises natural gas
Claim 7:
The system of claim 2, wherein the material flowing through the pipe comprises natural gas.
Claim 5:
The system of claim 1, wherein the material flowing through the pipe comprises water.
Claim 8:
The system of claim 2, wherein the material flowing through the pipe comprises water.
Claim 12:
A method, comprising:
determining, by a system comprising a processor and coupled to a pipe, a flow of material through the pipe;
generating, by the system, power from material flowing through the pipe;
tracking and recording, by the system, information relating to the system;
analyzing, by the system, the tracked and recorded information;
learning, by the system, power needs of an at least one product that receives power generated by the system;
determining, by the system, a desired material flow of material flowing through the pipe;
adjusting, by the system, material flow through the pipe, wherein:
the material flow is adjusted according to the learned power needs of the at least one product; or the material flow is adjusted according to a predetermined desired material flow; and
determining, by the system, whether a receiver is connected to the system, wherein:
where it is determined that a receiver is connected to the system, outputting, by the system, the generated power to the receiver; and
where it is determined that a receiver is not connected to the system, storing the generated power to a power storage device coupled to the system.
Claim 9:
A method, comprising:
determining, by a system comprising a processor and coupled to a pipe, a flow of material through the pipe;
generating, by the system, power from material flowing through the pipe;
determining, by the system, whether an at least one product is connected to the system, wherein: in response to determining that the at least one product is connected to the system, outputting generated power to the at least one product; and in response to determining that the at least one product is not connected to the system, storing generated power.
Claim 14:
The method of claim 12, wherein the adjusting comprises stopping the flow of material through the pipe.
Claim 12:
The method of claim 11, wherein the adjusting comprises stopping the flow of material through the pipe.
Claim 15:
The method of claim 12, further comprising:
monitoring, by the system, a volume of the flow through the pipe.
Claim 15:
The method of claim 9, further comprising: monitoring, by the system, a volume of the flow through the pipe.
Claim 18:
A non-transitory computer readable program product that facilitates operations of a valve device, the computer program product comprising readable storage medium having program instructions embodied therewith, the program instructions executable by a processor to cause the processor to:
enable a turbine of the valve device to generate electricity;
determine a current flow of material through the valve device;
determine a desired flow of material through the valve device;
learn power needs of an at least one product that receives the electricity generated by the valve device;
determine whether a receiver is connected to the valve device, wherein:
when the receiver is connected, adjusting the flow of material according to the power needs of the at least on product;
when the receiver is not connected, adjusting the flow of material according to the determined desired flow of material through the valve device;
cause an output component to direct the electricity generated by the turbine to an output location of the valve device;
determine an amount of electricity generated by the turbine;
store information associated with the determined the amount of electricity to a memory of the valve device.
Claim 16:
A non-transitory computer readable program product that facilitates operations of a valve device, the computer program product comprising readable storage medium having program instructions embodied therewith, the program instructions executable by a processor to cause the processor to:
enable a turbine of the valve device to generate electricity;
learn power needs of an at least one product that receives the electricity generated by the valve device; and
determine whether a receiver is connected to the valve device, wherein:
when the receiver is connected, adjusting the flow of material according to the power needs of the at least on product; and
when the receiver is not connected, adjusting the flow of material according to a desired flow of material through the valve device.
Claim 20:
The non-transitory computer readable program of claim 18, wherein the program instructions further cause the processor to:
generate a signal corresponding to the information.
Claim 18:
The non-transitory computer readable program of claim 17, wherein the program instructions further cause the processor to: generate a signal corresponding to the information.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
The office would first like to state that outstanding double patenting rejection must be resolved prior to consideration for allowance.
Applicant has filed a continuation that includes previously identified allowable subject matter as detailed in the notice of allowance filed on 7/2/2024 for application 17005511.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER W CARTER whose telephone number is (469)295-9262. The examiner can normally be reached 9-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Fennema can be reached at (571) 272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER W CARTER/Examiner, Art Unit 2117
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