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 .
Claim Objections
Claims 8-12 are objected to because of the following informalities: regarding claim 8, the claim should end with a period. 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 3, 5 and 7 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.
Regarding claims 3, 5 and 7, the each claim is indefinite because it is not clear how any fluid level in a vessel can be truly unalterable, i.e. a fluid level in a vessel may always be altered by some means such as by adding or removing fluid. Furthermore, it is not clear whether “fluid level” refers to the actual initial fluid level or merely the sensor output value of the initial fluid level. Even if this refers to the sensor output value of the initial fluid level, it is still unclear how such a value can be absolutely unalterable, since sensor values can always be altered in some way, by some technique or after some period of time.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 6-10 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Daneyshar et al. (US 9,677,923).
Regarding claim 1, Daneyshar et al. disclose an apparatus configured for use with a hydration vessel, the apparatus comprising: a sensor 410 configured to: determine an initial fluid level within the hydration vessel (col. 5 lines 19-22; col. 5 lines 39-53); a sensor circuit 450 configured to: receive the initial fluid level of the hydration vessel from the sensor (col. 5 lines 31-35); a broadcast antenna (part of module 420) configured to: receive the initial fluid level from the sensor circuit, transmit the initial fluid level to an electronic device 500 (col. 6 lines 28-38); and a power supply 350 configured to provide power to the sensor, the sensor circuit, and the broadcast antenna (col. 6 lines 7-11).
Regarding claim 2, Daneyshar et al. disclose that the initial fluid level is a value predetermined and the sensor determines the initial fluid level using the predetermined value (col. 10 line 41 to col. 11 line 10, initial fluid level is determined at calibration process), and this initial fluid level is capable of being predetermined by any user or party including a “third party.” Note that the limitation about who determines the initial fluid level does is a limitation of intended use of the claimed apparatus and the apparatus of Daneyshar et al. satisfies this limitation because it is capable of use in this manner.
Regarding claim 3, the initial fluid level value of Daneyshar et al. may be considered to be unalterable at least during some periods of time (see col. 10 41-45, recalibration only after a time period or event and is therefore unaltered before this time period or event, and is unalterable until recalibration is performed).
Regarding claim 6, Daneyshar et al. disclose that the sensor is configured to determine the initial fluid level within the hydration vessel each time the hydration vessel receives a fluid (see col. 9 lines 34-40, sensor starts taking measurements when awakened such as by an accelerometer, i.e. anytime it is in use; col. 11 lines 30-43, sensor determines fluid level when fluid is added during a fill event, and any determination of the fluid level can be considered an “initial fluid level” for some subsequent period of time).
Regarding claim 7, the initial fluid level value of Daneyshar et al. may be considered to be unalterable at least during some periods of time (see col. 11 lines 19-49 and algorithm of Fig. 6, the value determined after at a fill event is not alterable in the bounds of the algorithm until the next level determination).
Regarding claim 8, Daneyshar et al. disclose a method of using an apparatus with a hydration vessel , the method comprising: providing an apparatus 100 configured for use with a hydration vessel 200 according to Claim 1 (see Fig. 2 and explanation with regard to claim 1 above); and receiving a fluid within the hydration vessel (see e.g. col. 11 lines 1-5).
Regarding claim 9, Daneyshar et al. disclose that the initial fluid level is a value predetermined by a third party and the sensor determines the initial fluid level using the value predetermined by the third party (col. 10 line 41 to col. 11 line 10, initial fluid level is determined at calibration process; this initial level is determined by first user performing calibration, which can be considered a third party in regard to some other person or user).
Regarding claim 10, Daneyshar et al. disclose providing a value predetermined by a third party as the initial fluid level, wherein the sensor determines the initial fluid level using the value predetermined by the third party (col. 10 line 41 to col. 11 line 10, initial fluid level is determined at calibration process; this initial level is determined by first user performing calibration, which can be considered a third party in regard to some other person or user).
Claim Rejections - 35 USC § 103
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.
Claim(s) 4, 5, 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daneyshar et al. (US 9,677,923).
Regarding claim 4, Daneyshar et al. disclose that the sensor is configured to determine a first-time initial fluid level within the hydration vessel (col. 11, lines 1-10, first-time initial fluid level at maximum capacity is determined at calibration) and the sensor circuit is configured to receive and broadcast fluid levels generally (col. 6 lines 27-45).
Daneyshar et al. do not explicitly state that the first-time initial fluid level is received and broadcast each time the hydration vessel receives a fluid. Daneyshar et al. does teach receiving and broadcasting fluid levels when the hydration receives a fluid at least on some occasions (col. 11 lines 30-40, fill event). It would have been obvious to one of ordinary skill in the art before the effective filing date to have designed/programmed the sensor circuit to have received and broadcast the “first-time initial fluid level” on each of the these fill events each time fluid is received in the hydration vessel because this would have not required any new method steps or techniques but only more frequent fluid level determinations when the vessel is in use, and it would have provided the advantage of more up to date and accurate fluid level information in real time.
Regarding claim 5, the first-time initial fluid level value of Daneyshar et al. may be considered to be unalterable at least during some periods of time (see col. 11 lines 19-49 and algorithm of Fig. 6, the value determined after a fill event is not alterable in the bounds of the algorithm until the next level determination).
Regarding claim 11, Daneyshar et al. disclose that the initial fluid level is a first-time initial fluid level, the sensor determines a first-time initial fluid level within the hydration vessel (col. 11, lines 1-10, first-time initial fluid level at maximum capacity is determined at calibration), and the sensor circuit receives and broadcasts the fluid levels generally (col. 6 lines 27-45).
Daneyshar et al. do not explicitly state that the first-time initial fluid level is received and broadcast each time the hydration vessel receives a fluid. Daneyshar et al. does teach receiving and broadcasting fluid levels when the hydration receives a fluid at least on some occasions (col. 11 lines 30-40, fill event). It would have been obvious to one of ordinary skill in the art before the effective filing date to have received and broadcast the “first-time initial fluid level” on each of the these fill events each time fluid is received in the hydration vessel because this would have not required any new method steps or techniques but only more frequent fluid level determinations when the vessel is in use, and it would have provided the advantage of more up to date and accurate fluid level information in real time.
Regarding claim 12, Daneyshar et al. do disclose that the sensor determines the initial fluid level within the hydration vessel when the hydration vessel receives a fluid at least on some occasions (col. 11 lines 30-40, fill event). It would have been obvious to one of ordinary skill in the art before the effective filing date to have determined the “initial fluid level” on each of the these fill events each time fluid is received in the hydration vessel because this would have not required any new method steps or techniques but only more frequent fluid level determinations when the vessel is in use, and it would have provided the advantage of more up to date and accurate fluid level information in real time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note that Antocci (US 2015/0082882) discloses an apparatus that determines fluid level with a sensor, sensor circuit and broadcast antenna.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL M WEST whose telephone number is (571)272-2139. The examiner can normally be reached M-F 9 am - 5:30 pm (CT).
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/PAUL M. WEST/ Primary Examiner, Art Unit 2855
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