Prosecution Insights
Last updated: August 14, 2026
Application No. 19/040,849

ELECTRIC POWER INDUSTRY STRUCTURE MONITOR

Non-Final OA §102§103
Filed
Jan 29, 2025
Priority
Jan 28, 2020 — provisional 62/966,919 +2 more
Examiner
RHODES-VIVOUR, TEMILADE S
Art Unit
Tech Center
Assignee
Ubicquia Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
12m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
727 granted / 819 resolved
+28.8% vs TC avg
Moderate +8% lift
Without
With
+7.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
18 currently pending
Career history
828
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
53.3%
+13.3% vs TC avg
§102
39.8%
-0.2% vs TC avg
§112
5.0%
-35.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 819 resolved cases

Office Action

§102 §103
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 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)(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, 8-13 and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Greco (US PUB 2018/0375316). With respect to claim 1, Greco discloses an electric power industry structure monitor (See the system disclosed in figure 1 of Greco), comprising: a housing (See [21] and [31] in paragraph [0165] of Greco) arranged for positioning on a distribution power pole (See [10] in figure 1 of Greco); a sensor arranged in the housing (See paragraph [0165] of Greco), the sensor positioned to generate digital data associated with at least one environmental condition that exists proximal to the distribution power pole (See paragraph [0165] of Greco in view of paragraph [0157] of Greco); a processing circuit (See paragraph [0062] of Greco) arranged to determine from the generated digital data that the at least one environmental condition has crossed a threshold (See paragraph [0062] of Greco in view of paragraph [0157] of Greco); and electronic control circuitry arranged to determine a tilt of the distribution power pole (See paragraphs [0072] and [0073] of Greco), the electronic control circuitry including: at least one accelerometer circuit (See paragraph [0033] of Greco); a processor (See paragraph [0062] of Greco); and memory coupled to the processor (See paragraph [0062] of Greco), said memory storing instructions of a calibration routine that (See paragraph [0171] of Greco), when executed by the processor, cause the processor to compensate for a non-vertical positioning of the electric power industry structure monitor on the distribution power pole (See paragraph [0081] in view of paragraph [0154] of Greco). With respect to claim 8, Greco discloses the electric power industry structure monitor of claim 7, further comprising: at least one energy harvesting circuit arranged to power the electric power industry structure monitor, wherein once deployed, the electric power industry structure monitor is not physically, electrically wired to any external power source (See paragraph [0078] of Greco). With respect to claim 9, Greco discloses the electric power industry structure monitor of claim 8, wherein the at least one energy harvesting circuit includes at least one solar cell and at least one rechargeable storage circuit electrically coupled to the at least one solar cell (See paragraph [0078] of Greco). With respect to claim 10, Greco discloses the electric power industry structure monitor of claim 7, further comprising: electronic communication circuitry arranged to communicate tilt information from the electric power industry structure monitor (See paragraph [0062] of Greco); at least one antenna coupled to the electronic communication circuitry (See paragraph [0075] of Greco); at least one rechargeable energy storage device (See paragraph [0078] of Greco); and at least one energy harvesting circuit electrically coupled to the at least one rechargeable energy storage device (See paragraph [0078] of Greco), wherein power generated by the at least one energy harvesting circuit is arranged to power the electric power industry structure monitor (See paragraph [0078] of Greco), and wherein once deployed, the electric power industry structure monitor is not physically, electrically wired to any external power source (See paragraphs [0078] and [0079] of Greco). With respect to claim 11, Greco discloses the electric power industry structure monitor of claim 10, wherein the memory further stores instructions that (See paragraph [0062] of Greco), when executed by the processor (See paragraph [0062] of Greco), cause the processor to: produce shock information based on data generated by the at least one accelerometer circuit (See paragraph [0033] of Greco); and direct the electronic communication circuitry to communicate at least one of the shock information and tilt information to a remote computing device (See paragraphs [0153] and [0154] of Greco). With respect to claim 12, Greco discloses the electric power industry structure monitor of claim 11, wherein the electronic control circuitry further comprises: at least one thermometer circuit arranged to generate temperature measurement data (See paragraph [0153] of Greco), the least one thermometer circuit communicatively coupled to the processor (See paragraph [0153] in view of paragraph [0062] of Greco); wherein the memory further stores instructions that (See paragraph [0062] of Greco), when executed by the processor (See paragraph [0062] of Greco), cause the processor to: direct communication of at least some of the temperature measurement data to the remote computing device (See paragraph [0034] in view of paragraph [0062] of Greco). With respect to claim 13, Greco discloses the electric power industry structure monitor of claim 1, wherein the at least one accelerometer circuit includes at least one three-axis accelerometer circuit arranged to detect motion due to tilt, sway, deflection, shock, falling, or displacement caused by at least one of wind, earthquake, structural impact, flooding, age-related failure, or vandalism (See paragraph [0033] of Greco). With respect to claim 19, Greco discloses an electric power industry structure monitor (See the system disclosed in figure 1 of Greco), comprising: a housing (See [21] and [31] in paragraph [0165] of Greco) arranged for mounting to a distribution transformer vessel (See paragraph [0145] of Greco), the distribution transformer vessel containing a distribution transformer (See paragraph [0145] of Greco) and a nonconductive medium (See paragraph [0153] of Greco); at least one sensor positioned to sense at least one parameter of the distribution transformer vessel (See paragraph [0165] of Greco in view of paragraph [0157] of Greco) and the distribution transformer to produce at least one sensed parameter and to generate digital data associated with the at least one sensed parameter (See paragraph [0165] of Greco in view of paragraph [0157] of Greco); and a processing circuit (See paragraph [0062] of Greco) positioned within the housing (See paragraph [0165] of Greco), coupled to the at least one sensor (See paragraph [0062] of Greco), and arranged to determine from the generated digital data that the at least one parameter has crossed a threshold (See paragraph [0062] of Greco in view of paragraph [0157] of Greco). Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greco as applied to claim 1 above, and further in view of Bevelacqua et al. (US PUB 2019/0148984), hereinafter Bevelacqua. With respect to claim 2, Greco discloses the electric power industry structure monitor of claim 1, but fails to disclose wherein the housing is formed from an ultraviolet (UV) radiation resistant material having an operating range that includes 140 degrees Fahrenheit. However, Bevelacqua does disclose wherein the housing is formed from an ultraviolet (UV) radiation resistant material having an operating range that includes 140 degrees Fahrenheit (See paragraph [0023] of Bevelacqua). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device disclosed by Greco to include the features disclosed by Bevelacqua because doing so enables protection of sensitive electronic components from environmental conditions. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greco as applied to claim 1 above, and further in view of Shah (US PUB 2014/0143077). With respect to claim 3, Greco discloses the electric power industry structure monitor of claim 1, but fails to disclose wherein the housing includes a coating arranged as a protective barrier to protect against animal damage, insect damage, and vandalism. However, Shah does disclose wherein the housing includes a coating arranged as a protective barrier to protect against animal damage, insect damage, and vandalism (See paragraph [0020] of Shah). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device disclosed by Greco to include the feature disclosed by Shah because doing so enables protection of sensitive electronic components from environmental conditions Claim(s) 7 and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greco as applied to claim 1 above, and further in view of Curt et al. (US PUB 2005/0273183), hereinafter Curt. With respect to claim 7, Greco discloses the electric power industry structure monitor of claim 1, but fails to disclose wherein the distribution power pole is arranged to support electric power transmission lines that carry electricity having a voltage of 600 volts (600V) or less. However, Curt does disclose wherein the distribution power pole is arranged to support electric power transmission lines that carry electricity having a voltage of 600 volts (600V) or less (See paragraph [0333] of Curt). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device disclosed by Greco to include the feature disclosed by Curt because doing so enables implementation in load side utility distribution networks. With respect to claim 14, Greco discloses the electric power industry structure monitor of claim 1, but fails to disclose wherein the distribution power pole is a high-voltage power pole, the high-voltage power pole arranged to support electric power transmission lines that carry electricity having a voltage of ten thousand volts (10kV) or more. However, Curt does disclose wherein the distribution power pole is a high-voltage power pole, the high-voltage power pole arranged to support electric power transmission lines that carry electricity having a voltage of ten thousand volts (10kV) or more (See paragraph [0350] of Curt). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device disclosed by Greco to include the feature disclosed by Curt because doing so enables implementation in supply side utility distribution networks. With respect to claim 15, the combination of Greco and Curt discloses the electric power industry structure monitor of claim 14, wherein the high-voltage power pole is arranged for mounting at least 50 feet above ground level (See paragraph [0017] of Greco). With respect to claim 16, the combination of Greco and Curt discloses the electric power industry structure monitor of claim 14, wherein the electric power industry structure monitor is a self-powering device (See paragraph [0078] of Greco) further comprising: at least one harvested wireless power source (See paragraph [0078] of Greco), the at least one harvested wireless power source including one or more solar cells (See paragraph [0078] of Greco), one or more power induction coils, or one or more thermoelectric modules arranged to generate power sufficient to operate circuitry of the electric power industry structure monitor (See paragraph [0078] of Greco). With respect to claim 17, the combination of Greco and Curt discloses the electric power industry structure monitor of claim 14, wherein the electric power industry structure monitor is arranged to capture vibration information (See paragraph [0153] of Greco), tilt information (See paragraph [0153] of Greco), and water saturation information associated with an area under the high-voltage power pole (See paragraph [0030] of Greco). Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Greco and Curt, as applied to claim 14 above, and further in view of Lagassey (US PUB 2006/0095199). With respect to claim 18, the combination of Greco and Curt discloses the electric power industry structure monitor of claim 14, but fails to disclose wherein the electric power industry structure monitor is arranged to capture vandalism information, gunshot detection information, weather information, and environmental condition information proximate the high-voltage power pole. However, Lagassey does disclose wherein the electric power industry structure monitor is arranged to capture vandalism information (See paragraph [0089] of Lagassey), gunshot detection information (See paragraph [0090] of Lagassey), weather information (See paragraph [0023] of Lagassey), and environmental condition information proximate the high-voltage power pole (See paragraph [0072] of Lagassey in view of [20] in figure 1 of Lagassey). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device disclosed by the combination of Greco and Curt to include the features disclosed by Lagassey because doing so enables real time condition monitoring of the pole structure system. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greco, as applied to claim 19 above, and further in view of Beaudet et al. (US PUB 2019/0277898), hereinafter Beaudet. With respect to claim 20, Greco discloses the electric power industry structure monitor of claim 19, but fails to disclose wherein the nonconductive medium is oil (See paragraph [0297] of Beaudet) and wherein the at least one parameter is at least one of current, voltage, and pressure within the distribution vessel. However, Beaudet does disclose wherein the nonconductive medium is oil and wherein the at least one parameter is at least one of current, voltage, and pressure within the distribution vessel (See paragraph [0057] of Beaudet). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device disclosed by Greco to include the feature disclosed by Beaudet because doing so enables real-time monitoring of utility pole distribution elements before failure conditions become apparent. Allowable Subject Matter Claims 4-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: With respect to claim 4, the prior art of record neither shows nor suggests the combination of structural elements wherein the sensor includes at least one infrared (IR) image sensor having an IR field of view cone arranged to be aimed at a portion of a wall of a distribution transformer vessel mounted to the distribution power pole when the electric power industry structure monitor is deployed, the IR field of view cone formed to window a determined level of non-conductive medium contained in the distribution transformer vessel. With respect to claim 5, the prior art of record neither shows nor suggests the combination of structural elements wherein the sensor is an infrared (IR) image sensor deployed to detect a determined level of non-conductive medium in a distribution transformer vessel mounted to the distribution power pole based on a difference in temperature of the non-conductive medium and temperature of a void in the distribution transformer vessel above the non-conductive medium. With respect to claim 6, the prior art of record neither shows nor suggests the combination of structural elements wherein the sensor includes a plurality of micro electromechanical systems (MEMS) microphones arranged to capture data in a respective plurality of data collection areas, a first data collection arca representing a first volume of a distribution transformer vessel that is substantially above a determined level of non-conductive medium in the distribution transformer vessel, and a second data collection area representing a second volume of the distribution transformer vessel that is substantially below the determined level of nonconductive medium, and wherein the processing circuit is arranged to produce a signature that represents a determined level of the nonconductive medium within the distribution transformer vessel. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEMILADE S RHODES-VIVOUR whose telephone number is (571)270-5814. The examiner can normally be reached M-F (flex schedule). 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, Huy Phan can be reached at 571-272-7924. 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. /TEMILADE S RHODES-VIVOUR/ Examiner, Art Unit 2858 /HUY Q PHAN/ Supervisory Patent Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

Jan 29, 2025
Application Filed
Jul 27, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
96%
With Interview (+7.6%)
2y 6m (~12m remaining)
Median Time to Grant
Low
PTA Risk
Based on 819 resolved cases by this examiner. Grant probability derived from career allowance rate.

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