Prosecution Insights
Last updated: October 25, 2026
Application No. 18/953,346

Method and apparatus for local sensing

Non-Final OA §101§102§112
Filed
Nov 20, 2024
Priority
Oct 01, 2018 — provisional 62/739,419 +2 more
Examiner
TRAN, TRAN M.
Art Unit
Tech Center
Assignee
Elemental Machines Inc.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
485 granted / 647 resolved
+15.0% vs TC avg
Strong +23% interview lift
Without
With
+23.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
32 currently pending
Career history
687
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
11.4%
-28.6% vs TC avg
§112
36.1%
-3.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 647 resolved cases

Office Action

§101 §102 §112
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 . Preliminary Amendment Receipt is acknowledged of the preliminary amendment filed on 11/20/2024. Specification Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. The abstract of the disclosure is objected to because the abstract contains at least one of the phrases that can be implied, such as the phrase “a sensing system is provided”. Correction is required. See MPEP § 608.01(b). The disclosure is objected to because of the following informalities: the title is not descriptive. A new title that would include the inventive features of the claimed invention is respectfully requested. Appropriate correction is required. Claim Rejections - 35 USC § 101 Claims 31-38 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Regarding claim 31, the claim does not fall within at least one of the four categories of patent eligible subject matter because the claim discloses “a method for receiving data” as “using the sensor system to receive data”, which appears to disclose a use without any active, positive steps delimiting how this use is actually practiced. The use as disclosed in the claim does not appear to claim a process, machine, manufacture, or composition of matter, and does not appear to fall within the categories of patentable inventions under 35 U.S.C. 101 (see MPEP 2173.05 (q)). Claims 32-38 are rejected as being dependent on the rejected base claim. 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 21-38 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 claim 21, the phrase “logic and instructions executable by the processor to receive data from the sensor describing an environmental parameter surrounding the material, to store the data received from the sensor in the memory, and to transmit the data received from the sensor wirelessly via the antenna” appears to disclose method steps in an apparatus claim, which is indefinite as mixing statutory classes. A single claim disclosing an apparatus and method steps for using the apparatus is considered indefinite, as it is unclear at what point an infringement of the claimed language would occur – upon the structural existence of the device or only during a use of the device (see MPEP 2173.05(p)). The claim recites the method step of “to transmit the data received from the sensor wirelessly via the antenna” without disclosing the device for receiving the transmitted data. The transmission of data appears purposeless and trivial to the structure of the overall device. In the case that the data transmission is essential to the device, the claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted element is the device for receiving the transmitted data. The claim recites “a sensor system” comprising “a processor, a memory, an antenna, and a sensor” and also “the sensor system is associated with and conforms to a surface of the container” without explaining which component of the sensor system is configured to be associated and to conform to the surface. For examination purposes, the sensor system would be considered as being associated with and conforming to the surface when at least one component or device in the sensor system is associated with and conforms to the surface. The term “flexible circuit” is a relative term which renders the claim indefinite. The term “flexible” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Further clarification is respectfully requested. Regarding claim 22, “WiFi”, “NFC”, and “RFID” a trademark/trade name. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a certain family of wireless network protocols and, accordingly, the identification/description is indefinite. The claim recites the broad limitation “a wireless radio” and also the narrower definition of “Near Field Communication (NFC) chip; an Radio Frequency Identification (RFID) chip; a WiFi chip; and a Cellular chip”. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired (see MPEP § 2173.05(c)). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. The phrase “wireless radio” appears to describe a wireless radio as a means of transmitting the data wirelessly, which does not have any structural form or limitation. In this case, the claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted element is the device for implement the wireless radio as means of transmitting. Further clarification is respectfully requested. Regarding claim 25, the term “flexible battery” is a relative term which renders the claim indefinite. The term “flexible” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Further clarification is respectfully requested. Regarding claim 26, the claim recites “an adhesive or magnet is disposed between the sensor system and the container” without explaining which component of the sensor system is configured to be secured to the container. For examination purposes, the sensor system would be considered as being secured to the container when at least one component of the sensor system is configured to be secured to the container. Further clarification is respectfully requested. Regarding claim 27, “NFC”, and “RFID” a trademark/trade name. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a certain family of wireless network protocols and, accordingly, the identification/description is indefinite. Furthermore, the phrase “the RFID or NFC antenna” lacks proper antecedent basis. Further clarification is respectfully requested. Regarding claim 28, the claim recites that the container system further comprises “a cloud” without disclosing any structures associated with the “cloud”, such as servers, or storage device, etc. The phrase “cloud” may include a group or groups of virtual resources, which does not appear have any disclosed structure associated with it. In this case, the claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted element is the device or structure associated with the cloud. Further clarification is respectfully requested. Regarding claim 31, the claim recites the method step of “forming the container system” by “associating the sensing system with the container containing the material” without explaining how the step of associating would be related to the step of forming. For examination purposes, the container system is considered formed when any association between a sensing system and a container made of a material is established. The phrase “using the sensor system to receive data” appears to disclose a use without any active, positive steps delimiting how this use is actually practiced. The use as disclosed in the claim does not appear to claim a process, machine, manufacture, or composition of matter, and does not appear to fall within the categories of patentable inventions (see MPEP 2173.05 (q)). The claim recites “using the sensor system to receive data” without explaining which component or device of the sensor system is configured to receive the data. For examination purposes, the sensor system is considered to receive the data when at least one component of the sensor system is configured to receive the data. Further clarification is respectfully requested. Regarding claim 32, the claim recites that the container system further comprises “a cloud” without disclosing any structures associated with the “cloud”, such as servers, or storage device, etc. The phrase “cloud” may include a group or groups of virtual resources, which does not appear have any disclosed structure associated with it. In this case, the claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted element is the device or structure associated with the cloud. Further clarification is respectfully requested. Regarding claim 33, “WiFi”, “NFC”, and “RFID” a trademark/trade name. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a certain family of wireless network protocols and, accordingly, the identification/description is indefinite. The claim recite the broad limitation “a wireless radio” and also the narrower definition of “Near Field Communication (NFC) chip; an Radio Frequency Identification (RFID) chip; a WiFi chip; and a Cellular chip”. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired (see MPEP § 2173.05(c)). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. The phrase “wireless radio” appears to describe a wireless radio as a means of transmitting the data wirelessly, which does not have any structural form or limitation. In this case, the claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted element is the device for implement the wireless radio as means of transmitting. Further clarification is respectfully requested. Regarding claim 34, the claim recite the broad limitation “a battery” and also the narrower definition of “a flexible batter” and “a coin-cell battery”. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired (see MPEP § 2173.05(c)). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. The term “flexible battery” is a relative term which renders the claim indefinite. The term “flexible” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Further clarification is respectfully requested. Regarding claim 35, the claim recites “an adhesive or magnet is disposed between the sensor system and the container” without explaining which component of the sensor system is configured to be secured to the container. For examination purposes, the sensor system would be considered as being secured to the container when at least one component of the sensor system is configured to be secured to the container. Further clarification is respectfully requested. Regarding claim 36, “NFC”, and “RFID” a trademark/trade name. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a certain family of wireless network protocols and, accordingly, the identification/description is indefinite. Furthermore, the phrase “the RFID or NFC antenna” lacks proper antecedent basis. Further clarification is respectfully requested. Claims 23-24, 29-30, and 37-38 are rejected as being dependent on the rejected base claim. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 31-38 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Regarding claim 31, the claim discloses “a method for receiving data describing an environment parameter” without further defining or limiting the structural limitations or the method steps as disclosed in the container system of claim 1. The independent claim 1 already discloses the “associating” by “a container system comprising a container containing a material and a sensor system” Claims 32-38 are rejected as being dependent on the rejected base claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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. (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. Claims 21-38 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Goyal et al. (Pub. No. US 2015/0237460) (hereafter Goyal). Regarding claim 21, Goyal teaches a container system comprising a container (i.e., band 102 and cap 104) (see Fig. 1) containing a material (i.e., material that the band 102 and its constituents are made of) (see paragraph section [0035]) and a sensor system, the sensor system comprising: a processor (i.e., processor 412) (see Fig. 4), a memory (i.e., memory 410) (see Fig. 4), an antenna (i.e., antenna 406) (see Fig. 4), and a sensor (i.e., sensors 418) (see Fig. 4) mounted on a flexible circuit (i.e., couple microchips 314-318 to a circuit (e.g., PCBA, flexible circuit, or the like) implemented in a band) (see paragraph section [0041]); and logic and instructions executable by the processor to receive data from the sensor describing an environmental parameter surrounding the material (i.e., one or more sensors (e.g., sensor(s) 418 in FIG. 4 and the like), or a sensor array, (e.g., active and/or passive sensors) for capturing sensor data relating to temperature, environment, time, motion, activity, accelerometry, physiology, medical condition, biometric conditions, and the like) (see paragraph section [0030]), to store the data received from the sensor in the memory (i.e., processing and/or storage of data (e.g., sensor data) may occur internal to band 102) (see paragraph section [0031]), and to transmit the data received from the sensor wirelessly via the antenna (i.e., band 102 may wirelessly transmit sensor data (e.g., motion signals, biometric signals) to external wireless devices and/or wireless systems (e.g., other bands 102, wireless client devices, etc.)) (see paragraph section [0031]); wherein the sensor system is associated with and conforms to a surface of the container (i.e., the sensors are installed, integrated, or otherwise implemented on band 102 and electronic systems, circuitry, sensors, power sources, and structure that allows band 702 to retain its shape when donned by a user) (see paragraph sections [0042] and [0053]). Regarding claim 22, Goyal teaches means of transmitting the data wirelessly mounted on the flexible circuit and selected from the group consisting of: a wireless radio; an Near Field Communication (NFC) chip; an Radio Frequency Identification (RFID) chip; a WiFi chip; and a Cellular chip (i.e., wireless tag 106 may be implemented as a wireless controller configured to exchange data with said other wireless devices, for example, using short-range communication protocols (e.g., Bluetooth.RTM. (BT), Bluetooth.RTM. Low Energy (BTLE), ultra wideband, near field communication (NFC), or the like) or longer-range communication protocols (e.g., satellite, mobile broadband (e.g., 5G, 4G, 3G, 2G or the like), other cellular networks, GPS, one or more varieties of IEEE 802.x such as 802.11a/b/g/n (WiFi), WiMAX, other wireless local area network (WLAN), and the like)) (see paragraph section [0032]). Regarding claim 23, Goyal teaches that the antenna is selected from the group consisting of: a Bluetooth antenna; an NFC antenna (i.e., wireless tag 106 may include microchip 108 and antenna 110, which may be electrically coupled to (e.g., able to transfer electrical energy or an electrical signal to and from) each other. In some examples, microchip 108 also may be electrically coupled to one or more other components of band 102. In some examples, wireless tag 106 may be implemented as an unpowered NFC tag, which may be powered or activated by coming within a threshold proximity (e.g., a few centimeters or other close distance sufficient for establishing an NFC link) of a powered NFC device (e.g., band 102, mobile device 112, laptop 114, tablet 116, headset 118, miscellaneous application 120, or the like)) (see paragraph section [0033]); an RFID antenna; a wifi antenna; and a cellular antenna. Regarding claim 24, Goyal teaches a power supply mounted on the flexible circuit and selected from the group consisting of: a battery (i.e., battery 420) (see Fig. 4); a photovoltaic cell; and a Peltier thermoelectric generator. Regarding claim 25, Goyal teaches a power supply mounted on the flexible circuit and selected from the group consisting of: a flexible battery and a coin-cell battery (i.e., battery 420) (see Fig. 4). Regarding claim 26, Goyal teaches an adhesive (i.e., structures 951 may be made from the same or different materials than antenna 930 and may be formed in a material of the antenna 930 or may be separately formed and mounted to the antenna 930 using adhesives, fasteners, glue, welds, etc., just to name a few) (see paragraph section [0062]) or magnet is disposed between the sensor system and the container to secure the sensor system to the container. Regarding claim 27, Goyal teaches that the sensor system is configured to transmit data at a regular time intervals selected from the group consisting of: once a minute, once an hour, and once a day; or the sensor system is configured to transmit data when interrogated by sending a signal to the sensor system requesting data to be transmitted, and/or by bringing an RFID or NFC reader in proximity of the RFID or NFC antenna (i.e., cap 104 may be enabled with near-field communications (NFC) capabilities (e.g., from a NFC chip), and thus may be able to establish a two-way radio communication with another NFC-enabled device through touching the two devices together, or bringing them into close enough proximity to establish an NFC connection (e.g., a few centimeters or other close distance sufficient for establishing an NFC link)) (see paragraph section [0032]). Regarding claim 28, Goyal teaches that the container system further comprises a smart phone, a computer, a server, a cloud, a gateway device, a wifi router, a sensor control unit, or cellular receiver, and wherein the data received from the sensor is transmitted to the smart phone (i.e., mobile device 112 (e.g., a wireless client device such as a smartphone), laptop 114, tablet or pad 116, headset 118, miscellaneous application 120, one or more other bands 102a, resource 199 (e.g., the Cloud or the Internet), and the like) (see paragraph section [0032]), the computer, the server, the cloud, the gateway device, the wifi router, the sensor control unit, or the cellular receiver. Regarding claim 29, Goyal teaches the data received from the sensor is associated with a timestamp of the time the reading is received from the sensor (i.e., band 102 may be implemented as a wearable data capture device, including one or more sensors, or a sensor array, (e.g., active and/or passive sensors) for capturing sensor data relating to temperature, environment, time) (see paragraph section [0030]) and a unique identifier of the sensor system (i.e., wireless tag 106 may take one or more actions including but not limited to provide data, such as a biometric identifier, other identifier, verification information, authentication information) (see paragraph section [0033]) Regarding claim 30, Goyal teaches that the sensor is configured to measure one or more environmental parameters selected from the group consisting of: temperature (i.e., band 102 may be implemented as a wearable data capture device, including one or more sensors, or a sensor array, (e.g., active and/or passive sensors) for capturing sensor data relating to temperature) (see paragraph section [0030]); absolute humidity; relative humidity; light intensity; light wavelengths; electromagnetic wave intensity; electromagnetic wave frequency; RF interference; motion including vibration and rotation; gas concentration; air pressure; flow rate; VOC (volatile organic compound) concentration; particulate level; pH; magnetic and electric fields; and capacitance. Regarding claim 31, Goyal teaches a method for receiving data describing an environmental parameter surrounding a material comprising the steps of: (a) forming the container system described in claim 21 (i.e., system 100 includes data-capable band (hereinafter "band") 102, cap 104, wireless tag 106, microchip 108, antenna 110, mobile device 112, laptop 114, tablet 116, headset 118 (e.g., worn on a head or an ear of a user 130) and miscellaneous application 120) (see paragraph section [0029]), by associating the sensing system with the container containing the material (i.e., band 102 may be implemented as a wearable data capture device, including one or more sensors (e.g., sensor(s) 418 in FIG. 4 and the like), or a sensor array, (e.g., active and/or passive sensors) for capturing sensor data) (see paragraph section [0030]), and (b) using the sensor system to receive data from the sensor describing the environmental parameter surrounding the material (i.e., band 102 may be implemented as a wearable data capture device, including one or more sensors (e.g., sensor(s) 418 in FIG. 4 and the like), or a sensor array, (e.g., active and/or passive sensors) for capturing sensor data relating to temperature, environment, time, motion, activity, accelerometry, physiology, medical condition, biometric conditions, and the like) (see paragraph section [0030]). Regarding claim 32, Goyal teaches the step of: (c) wirelessly transmitting the data received in step (b) to a smart phone (i.e., mobile device 112 (e.g., a wireless client device such as a smartphone), laptop 114, tablet or pad 116, headset 118, miscellaneous application 120, one or more other bands 102a, resource 199 (e.g., the Cloud or the Internet), and the like) (see paragraph section [0032]), a computer, a server, a cloud, a gateway device, a wifi router, a sensor control unit, and/or cellular receiver. Regarding claim 33, Goyal teaches means of transmitting the data wirelessly mounted on the flexible circuit and selected from the group consisting of: a wireless radio; an Near Field Communication (NFC) chip; an Radio Frequency Identification (RFID) chip; a WiFi chip; and a Cellular chip; wherein the antenna is selected from the group consisting of: a Bluetooth antenna; an NFC antenna; an RFID antenna; a wifi antenna; and a cellular antenna (i.e., wireless tag 106 may be implemented as a wireless controller configured to exchange data with said other wireless devices, for example, using short-range communication protocols (e.g., Bluetooth.RTM. (BT), Bluetooth.RTM. Low Energy (BTLE), ultra wideband, near field communication (NFC), or the like) or longer-range communication protocols (e.g., satellite, mobile broadband (e.g., 5G, 4G, 3G, 2G or the like), other cellular networks, GPS, one or more varieties of IEEE 802.x such as 802.11a/b/g/n (WiFi), WiMAX, other wireless local area network (WLAN), and the like)) (see paragraph section [0032]). Regarding claim 34, Goyal teaches a power supply mounted on the flexible circuit and selected from the group consisting of: a battery (i.e., battery 420) (see Fig. 4); a photovoltaic cell; a Peltier thermoelectric generator; a flexible battery; and a coin-cell battery. Regarding claim 35, Goyal teaches that an adhesive (i.e., structures 951 may be made from the same or different materials than antenna 930 and may be formed in a material of the antenna 930 or may be separately formed and mounted to the antenna 930 using adhesives, fasteners, glue, welds, etc., just to name a few) (see paragraph section [0062]) or magnet is disposed between the sensor system and the container to secure the sensor system to the container. Regarding claim 36, Goyal teaches that the sensor system is configured to transmit data at a regular time intervals selected from the group consisting of: once a minute, once an hour, and once a day; or the sensor system is configured to transmit data when interrogated by sending a signal to the sensor system requesting data to be transmitted, and/or by bringing an RFID or NFC reader in proximity of the RFID or NFC antenna (i.e., cap 104 may be enabled with near-field communications (NFC) capabilities (e.g., from a NFC chip), and thus may be able to establish a two-way radio communication with another NFC-enabled device through touching the two devices together, or bringing them into close enough proximity to establish an NFC connection (e.g., a few centimeters or other close distance sufficient for establishing an NFC link)) (see paragraph section [0032]). Regarding claim 37, Goyal teaches that the data is associated with a timestamp containing the time of receipt of the data from the sensor (i.e., band 102 may be implemented as a wearable data capture device, including one or more sensors, or a sensor array, (e.g., active and/or passive sensors) for capturing sensor data relating to temperature, environment, time) (see paragraph section [0030]) and a unique identification of the sensor system (i.e., wireless tag 106 may take one or more actions including but not limited to provide data, such as a biometric identifier, other identifier, verification information, authentication information) (see paragraph section [0033]). Regarding claim 38, Goyal teaching that the sensor is configured to measure one or more environmental parameters selected from the group consisting of: temperature (i.e., band 102 may be implemented as a wearable data capture device, including one or more sensors, or a sensor array, (e.g., active and/or passive sensors) for capturing sensor data relating to temperature) (see paragraph section [0030]); absolute humidity; relative humidity; light intensity; light wavelengths; electromagnetic wave intensity; electromagnetic wave frequency; RF interference; motion including vibration and rotation; gas concentration; air pressure; flow rate; VOC (volatile organic compound) concentration; particulate level; pH; magnetic and electric fields; and capacitance. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAN M. TRAN whose telephone number is (571)270-0307. The examiner can normally be reached Mon-Fri 11:30am - 7:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached on (571)-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Tran M. Tran/Examiner, Art Unit 2855
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Prosecution Timeline

Nov 20, 2024
Application Filed
Oct 05, 2026
Non-Final Rejection mailed — §101, §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
98%
With Interview (+23.1%)
2y 6m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 647 resolved cases by this examiner. Grant probability derived from career allowance rate.

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