REISSUE OFFICE ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is a reissue office action for US Patent 11,497,179, which included original patent claims 1–11. Applicant requested amendment of the claims on 11/15/2024 and 6/23/2025. Claims 1–11 are pending.
Declaration and Reason for Reissue
This Reissue has been filed pursuant to the original patent being at least partly inoperative or invalid by reason of “claiming more or less than he had the right”, specifically:
“Claims 1-11 match issued claims 1-11. New claim 12 is broader than issued claim 1 to: (1) remove "wired connection" to the solenoid; (2) remove that the gateway be "remote"; (3) remove the thereby clause; (4) replace software with firmware; and (5) require the installation of at least one battery. New claim 18 is broader than issued claim 11 to: (1) remove the "wired connection"; (2) remove that the gateway be "remote"; (3) remove the thereby clause; (4) require the installation of at least one battery; and (5) more broadly define the "one-minute" interval as a "one-time period" interval. New claims 13-17 and 19-23 link to broadened originally filed claims 13-17 (unelected from a restriction requirement). New independent claims 24 and 25 are broader versions of independent claims 12 and 18.” (6/23/2025 declaration p. 1).
Specification
The amendment to the specification filed 11/15/2024 has not been entered as it fails to include the proper formatting required by 37 CFR 1.173 which states:
“(d) Changes shown by markings. Any changes relative to the patent being reissued which are made to the specification, including the claims, upon filing, or by an amendment paper in the reissue application, must include the following markings:
(1) The matter to be omitted by reissue must be enclosed in brackets; and
(2) The matter to be added by reissue must be underlined”
and
“(g) Amendments made relative to the patent. All amendments must be made relative to the patent specification, including the claims, and drawings, which are in effect as of the date of filing of the reissue application.
This amendment has not been entered because the language to be deleted should be presented in (single) brackets.
Claim Objections
Claims 2 and 12–23 are objected to for failing to include the proper formatting required by 37 CFR 1.173 which states:
“(d) Changes shown by markings. Any changes relative to the patent being reissued which are made to the specification, including the claims, upon filing, or by an amendment paper in the reissue application, must include the following markings:
(1) The matter to be omitted by reissue must be enclosed in brackets; and
(2) The matter to be added by reissue must be underlined”
and
“(g) Amendments made relative to the patent. All amendments must be made relative to the patent specification, including the claims, and drawings, which are in effect as of the date of filing of the reissue application.
Applicant fails to present properly-formatted claims showing changes relative to the printed patented claims. Any language not appearing in the printed patent should be underlined. Any language to be removed from the patent should be in brackets. Subsequent amendments should continue to show changes relative to the printed patent and not to the previous amendment.
Claim 2, the added semi-colon should remain underlined.
Claims 12–21 should remain underlined.
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.
Claims 6, 10, 14–15 and 20–21 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 pre-AIA the applicant regards as the invention.
Claims 6 and 10, there is no antecedent basis for the claimed pulse.
Claims 14 and 20, the phrase “such as” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 15 and 21, there is no antecedent basis for the stored schedule data.
Claims Not Taught By The Cited Art
Several of the pieces of cited art teach remotely managed irrigation valves, such as Zhao’s smart irrigation system including battery powered devices, solenoid valves and communications via cloud connected LoRa gateways. However, there are no teachings or suggestions in the cited art to provide the entire scope of claim 1 including “software included in the solenoid-valve actuator is capable of enabling the solenoid-valve actuator to automatically deactuate a wire-connected solenoid upon installation of batteries into the solenoid-valve actuator”. Similar language (drawn to firmware vs. software and power supply vs. battery) also present in independent claims 12 and 24 is likewise not found or suggested in the cited art.
Additionally, there are no teachings or suggestions in the cited art to provide the entire scope of claim 11 including “the solenoid-valve actuator communicates with the Internet on a less-than-one-minute interval for a specified duration after batteries are installed into the solenoid- valve actuator; and subsequently, the solenoid-valve actuator communicates with the Internet on a one-minute-or-greater interval”. Similar language (drawn to time period interval vs. one minute interval and network vs. Internet) also present in independent claims 18 and 25 is likewise not found or suggested in the cited art.
Notification of Proceedings and Material Information
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which this patent is or was involved. These proceedings would include any trial before the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D CARLSON whose telephone number is (571) 272-6716. The examiner can normally be reached Mon-Fri 7:30 am to 5:00 pm, off 1st Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Fuelling can be reached on (571) 270-1367. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY D CARLSON/Primary Examiner, Art Unit 3992
Conferees:
/C. Michelle Tarae/Reexamination Specialist, Art Unit 3992 /M.F/Supervisory Patent Examiner, Art Unit 3992
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