DETAILED ACTION
America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of papers submitted under 35 USC §119(a)-(d) and 35 USC §371, which papers have been placed of record in the file.
This application, filed 15-February-2025, is a continuation of application 18/551,362, filed on 19-September-2023, and subsequently abandoned.
Application 18/551,362 (Parent), filed 19-September-2023, is a national stage entry of WIPO/PCT application PCT/CL2022/050019, filed 1-March-2022.
WIPO/PCT application PCT/CL2022/050019 claims priority from Republic of Chile application CL688-2021 filed 19-March-2021. A certified copy of a priority application is contained in the Parent application file.
Applications 19/054,801, 19/054,802 and 19/054,803, filed on 15-February-2025, are co-pending applications.
This application is, therefore, accorded a prima facie effective filing date of 19-March-2021.
Claim Objections
The claims are replete with informalities, including at least, inconsistent format, misspellings and grammatical errors, including the following:
Consider claim 1: The claim is replete with errors, inconsistent language and misspellings, examples of which include:
Claim 1 preamble [line 1-15]:
Recites “allows to detect” [line 1] is awkward, and more clearly expressed as “allows detection of”, and “allows to recognize” [line 4], more clearly “recognizes”.
Use of “the” with respect to “the installation/re-installation” [line 1, 2, 4] is superfluous and confusing.
The preamble introduces an acronym (GET) (understood to be a Ground Engagement Tool) without defining or explaining the acronym [line 2].
Commas are awkwardly placed, or omitted; for example, commas are appropriate after “temporary”, and “definitive” [line 6], after “out” [line 7],
Description of the four main operating states are described as: “….”Standby” or simply “Standby” state….” [line 9] the phrasing of which is duplicative, and for which the distinction between standby and simply standby is unclear. Descriptions for the other operating states use similar phrasing.
Claim 1 first step [line 16-28]: This clause is understood to define a first sensor location and function and operation to detect either a “standby“ or “device installed” state, and to define a second sensor location and function tor detecting a “GET installed” or “GET detached” state. The particular punctuation and phrasing makes it difficult to distinguish these features from one another.
Claim 1, (a.1) clause [line 29-55]:
An “external alternating magnetic field”, is introduced, but “inside the electronic monitoring device” [line 30-31], an apparent contradiction.
An “H field” definition [line 30-31], is repeated [line 32-33], the repetition of which is superfluous.
The phrase “is sensed/measured” [line 34] is singular, and it is unclear whether this refers to the H field, B field, or both.
The phrase “B v H” [line 37] notation is inconsistent with “H field” and ”B field” used previously.
The clause includes a description [line 44-55] presented in narrative form, providing a rationale behind the performing of the step, and which is appropriate for the disclosure, but is superfluous with respect to a recitation of claim steps. This narrative also fails to clearly delineate steps for determining an operational step.
Claim 1, (a.2) clause [line 56-84]:
An “external alternating magnetic field”, is introduced, but “inside the electronic monitoring device” [line 56-59], an apparent contradiction. In addition, the phrasing of “the generation”, and “controlling frequency and amplitude” is awkward, with unclear antecedents.
An “H field” definition [line 56-58], is repeated [line 60-61], the repetition of which is superfluous.
Notation with respect to magnetic curves and minor loops is inconsistent, presented both in the plural [line 56] and the singular [line 70]. Notation with respect to an “H field” and “B field” is similarly inconsistent, presented also as “H-field”, “B-field”, “B”, “H”, and B [line 56-84].
The clause introduces “the difference” [line 74], “the crossover” [line 75], “the absolute value” [line 80] and “the presence” [line 83] without antecedents.
The clause includes a description [line 70-84] presented in narrative form, providing a rationale behind the performing of the step, and which is appropriate for the disclosure, but is superfluous with respect to a recitation of claim steps. This narrative also fails to clearly delineate steps for determining an operational step.
Claim 1, (a.3) clause [line 85-111]:
An “external alternating magnetic field”, is introduced, but “inside the electronic monitoring device” [line 86-87], an apparent contradiction. In addition, the phrasing of “the generation”, and “controlling frequency and amplitude” is awkward, with unclear antecedents.
An “H field” definition [line 86-88], is repeated [line 89-90], the repetition of which is superfluous.
Notation with respect to an “H field” and “B field” is similarly inconsistent, presented also as “H-field”, “B-field”, “B”, “H”, and B [line 86-107].
The clause introduces “the pair of positive and negative values”, “the absolute value” [line 107] and “the presence” [line 105, 110] without antecedents.
The clause includes a description [line 99-111] presented in narrative form, providing a rationale behind the performing of the step, and which is appropriate for the disclosure, but is superfluous with respect to a recitation of claim steps. This narrative also fails to clearly delineate steps for determining an operational step.
Claim 1, (a.4) clause [line 112-138]:
The clause recites “the presence” [line 112, 128], “the impedance” [line 115], “the wireless communication frequency” [line 118, 123], “the change” [line 121], “the amplitude” [line 124, 126], “the energy” [line 125], “the nearby environment” [line 127], ‘the efficiency” [line 130], “the intensity” [line 131], “the standing wave ratio (SWR)” [line 131, 133], “the intensity” [line 131], “the maximum voltage” [line 132], “the minimum voltage” [line 133], “the installation….” [line 134] and “the detachment….” [line 136] are suggestive of unknown antecedents.
The clause includes a period [line 120], where a claim must be a single sentence.
The subject matter of lines 119-123 essentially repeats the subject matter presented earlier in the clause [line 115-118].
The clause includes a description [line 120-138] presented in narrative form, providing a rationale behind the performing of the step, and which is appropriate for the disclosure, but is superfluous with respect to a recitation of claim steps. This narrative also fails to clearly delineate steps for determining an operational step.
Claim 1, (a.5) clause [line 139-166]:
The clause begins “by sensing changes….” [line 139] with unclear intent, the “by” appears to be superfluous.
The clause recites “the resonant frequency” [line 141], “the voltage signal” [line 152], “temperature” [line 153], and “the method” [line 163] are suggestive of unknown antecedents.
The clause includes a description [line 150-166] presented in narrative form, providing a rationale behind the performing of the step, and which is appropriate for the disclosure, but is superfluous with respect to a recitation of claim steps. This narrative also fails to clearly delineate steps for determining an operational step.
Claim 1, (a.6) clause [line 167-187]:
The clause recites “the resonant frequency” [line 168], “the initial value” [line 179], “temperature” [line 153], and “the method” [line 163] are suggestive of unknown antecedents.
The relationship between the subject matter of the last line [line 187] and the method, or method step, is unclear.
Consider claim 2: Phrasing of the claim is awkward and difficult to understand, it is unclear whether the magnetic lines are, concentrated themselves, or used to intensify. The claim is assumed to mean “…further comprising, intensifying the magnetic field lines such that they are concentrated in a particular region of said GET or sail clamping element’.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 USC §112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 USC §112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 USC §112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 USC §112(f). The presumption that the claim limitation is interpreted under 35 USC §112(f), is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 USC §112(f). The presumption that the claim limitation is not interpreted under 35 USC §112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 USC §112(f), except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 USC §112(f), except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 USC §112(f) because the claim limitations recite sufficient structure, materials, or acts to entirely perform the recited function. These claim limitations are:
(a) “sensing means”, “said sensing means” or “the sensing means”, [Claim 1, lines: 16, 28, 48, 53, 77, 82, 101, 105, 109, 165],
(b) “first twin of sensing means”, “said first twin of sensing means” or “said first twin of said sensing means” [Claim 1, lines: 1, 20, 67, 71, 96, 99, 114, 144, 172],
(c) “second twin of sensing means”, “said second twin of sensing means”, or “said second twin of said sensing means” [Claim 1, lines: 16, 24, 41, 43, 69, 72, 98, 100, 114, 146, 174], and
(d) “sensing means face” and “said sensing means face”, [Claim 1, lines: 43, 72].
The Specification of the disclosure teaches the location(s) and use, but does not provide definition of these structures, other than by example.
Because these claim limitations are not being interpreted under 35 USC §112(f), they are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof, but will be interpreted according to a plain meaning of the elements listed in the claim.
If applicant intends to have these limitations interpreted under 35 USC §112(f), applicant may: (1) amend the claim limitations to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitations do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC §112
The following is a quotation of 35 USC §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 1 and 2 are rejected under 35 USC §112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor, or a joint inventor, regards as the invention.
Consider claim 1:
Claim 1 recites various structural elements as: “sensing means”, “first twin of sensing means”, “second twin of sensing means”, “sensing means face” and variations thereof, thus invoking 35 USC §112(f) interpretation, but for which no clear definitions are provided in the Specification, rendering these terms, and the claim, indefinite.
Claim 1, preamble [line 1-15] “electronic monitoring device” [line 3, 14] lacks an article, such that it is unclear whether it refers to the antecedent [line 2].
Claim 1, first step [line 16-28] recites” “the program” [line 17], which lacks a proper antecedent; and similarly recites “the lower part” [line 20], “the measurements” [line 21], “the interior” [line 21] which also lack antecedents. This clause also recites “electronic monitoring device” [line 23], without article such an antecedent cannot be determined, and recites both “its fastening element [line 23] and “a fastening element” [line 25], where it is unclear whether these are the same element.
Claim 1, (a.1) clause [line 29-55]: This clause introduces “magnetic hysteresis curves” and “minor loops curves” [line 29] where it is unclear whether these are the same or alternate curves.
The clause recites “the magnetic field”, “the interaction” and “the magnetic field introduced by said GET” [line 32-33] have no clear antecedents.
The clause recites “the voltage signals”, “the alternating field” and “the magnetic field introduced by said GET” [line 33-34] have no clear antecedents.
The clause recites “the slope”, “the vacuum” and “the value” [line 44-45] have no clear antecedents.
The clause recites a number of relative terms, for which the particular metes and bounds cannot be assessed, and which render the claim indefinite, these include “much greater than 1” [line 46], “much higher than 1” [line 50], “close or equal” [line 51], “for example, air” [line 54], and “close or equal to 1” [line 55].
Claim 1, (a.2) clause [line 56-84]: This clause introduces “magnetic hysteresis curves” and “minor loops curves” [line 56] where it is unclear whether these are the same or alternate curves.
The clause recites “the voltage signals”, “the alternating field” and “the magnetic field introduced by said GET” [line 61-63], “the pair of positive and negative values” [line 73] have no clear antecedents.
The clause recites “an electronic monitoring device” [line 66], “a GET” [line 67, 68], and “a clamping element” [line 68, 77], where it is unclear whether these are the same, or different from the monitoring device, GET and clamping elements introduced previously.
The clause recites a number of relative terms, for which the particular metes and bounds cannot be assessed, and which render the claim indefinite, these include “much higher than zero” [line 76, 79], “very close to zero” [line 80], “close or equal” [line 51] and “close to or equal to zero” [line 83].
Claim 1, (a.3) clause [line 85-111]: This clause introduces “magnetic hysteresis curves” and “minor loops curves” [line 85] where it is unclear whether these are the same or alternate curves.
The clause recites “the voltage signals”, “the alternating field” and “the magnetic field introduced by said GET” [line 91-92], “the pair of positive and negative values” [line 101] have no clear antecedents.
The clause recites “an electronic monitoring device” [line 95], “a GET” [line 95, 98], and “a clamping element” [line 97, 104, 109], where it is unclear whether these are the same, or different from the monitoring device, GET and clamping elements introduced previously.
The clause recites a number of relative terms, for which the particular metes and bounds cannot be assessed, and which render the claim indefinite, these include “well above zero” [line 103, 106], “very close to zero” [line 107], and “close to or equal to zero” [line 111]. The clause also introduces an element as an example, “e.g. air”
Claim 1, (a.4) clause [line 112-138]:
The clause recites “said environment of metal masses” [line 116], for which there is no proper antecedent in the claim.
The clause recites “….which correspond to a metal….” [line 114], the meaning of which is unclear, and therefore, indefinite. This will be interpreted to mean that the GET and clamping elements are composed of a metal for the purpose of prior art examination.
Claim 1, (a.5) clause [line 139-166]:
The clause begins “by sensing changes….” [line 139] with unclear intent, the “by” appears to be superfluous.
The clause recites “the initial frequency” [line 147], “the initial values” [line 118, 123], “the event” [line 156], and “the initially recorded values” [line 160] which have no clear antecedents.
The clause recites “an electronic monitoring device” [line 144], “a GET” [line 144, 145, 149], “a clamping element” [line 146], and “a fastener” [line 160, 163], where it is unclear whether these are the same, or different from the monitoring device, GET and clamping elements introduced previously.
The clause recites “a fastener” [line 158, 160, 163] and “fastening elements” [line 165] where it is unclear whether these are the same as a clamping element, previously recited.
Claim 1, (a.6) clause [line 167-187]:
The clause recites “the resonant frequency” [line 168], “the surrounding metallic environments” [line 178], and “the event” [line 180], which have no clear antecedents.
The clause recites “a GET” [line 171, 176], and “a clamping element” [line 171, 186], where it is unclear whether these are the same, or different from the GET and clamping elements introduced previously.
The clause recites “a fastener” [line 181] and where it is unclear whether these are the same as a clamping element, previously recited.
The clause recites “the installation events” [line 175] but where only one installation/reinstallation event is previously recited.
The clause recites “the event” [line 179] but where several types of events are previously recited.
Consider claim 2: This claim is rejected, at least because it depends from a rejected claim.
Double Patenting
Claim 1 is provisionally rejected for non-statutory double patenting:
The non-statutory 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 non-statutory 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 non-statutory 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Current Application (801)
19/054,803 (Co-Pending)
Claim 1: An autonomous monitoring method that allows to detect the installation/re-installation and detachment/removal of an electronic monitoring device on a GET, and the installation/re-installation and detachment/removal of a GET with electronic monitoring device with respect to a fastening element of an earthmoving machine, and also allows to recognize that the de-installation of the GET is temporary either by maintenance, repair or replacement, or definitive either by discarding, because it was not recovered, or because the battery ran out or wireless communication was lost, allowing power management, wireless communication and detection based on 4 main operating states:
"Standby" or simply "Standby" state where the electronic monitoring device, with power source installed, is not installed in GET;
State "Device Installed" or simply "Device Installed" wherein the electronic monitoring device is installed/re-installed in a GET;
State "GET Installed" or simply "GET Installed" wherein a GET with electronic monitoring device is installed/re-installed in an earthmoving machine; or
State "GET Detached" or simply "GET Detached" wherein a GET with electronic monitoring device is detached from an earthmoving machine, in operation, ran out of battery or lost communication;
comprising:
activating sensing means having a first twin of sensing means and a second twin of sensing means that are activated according to the program of an electronic monitoring device according to an operation state and thus, to autonomously detect the installation/re-installation and detachment/removal of an electronic monitoring device on a GET, in the states "Standby" or "Device Installed", being said first twin of said sensing means, located in the lower part of said electronic monitoring device, which performs the measurements, pointing towards the interior of the GET, whereas for autonomously detecting the installation/re-installation and detachment/removal of said GET with electronic monitoring device from its fastening element, it is said second twin of said sensing means, located on top of said electronic monitoring device, that performs measurements, pointing towards a fastening element, in the states "Device Installed", "GET Installed" and "GET Detached"; wherein installation/installation and detachment/removal are determined by a combination of at least one or more of the following based on measurements of said sensing means:
a.1) obtaining magnetic hysteresis curves or magnetic "minor loops" curves from the generation of an external alternating magnetic field, called "H field", in a low frequency range between 50 Hz and 50,000 Hz, inside the electronic monitoring device, where the magnetic field resulting from the interaction of said external alternating magnetic field, called "H-field", of low frequency, and the magnetic field induced by said GET or a clamping element, called "B-field", is sensed/measured;
in addition, the voltage signals supplied both to generate the alternating field and to read it, values of "H field" and "B field", respectively, are recorded, from which are obtained said magnetic hysteresis curves or magnetic "minor loops", of B vs H, from which is determined the installation/re-installation or detachment/removal of an electronic monitoring device inside a GET, using said first twin of said sensing means, or the installation/re-installation or detachment/removal of a GET with electronic monitoring device with respect to a clamping element, using said second twin of said sensing means, and estimates the relative magnetic permeability of the GET, using said first twin of said sensing means, or of the clamping element, using said second twin of said sensing means, which said sensing means face, where said relative magnetic permeability corresponds to the slope of said curve "B" vs "H" divided by magnetic permeability of the vacuum, and if the value of the slope is much greater than 1, said electronic monitoring device or said GET with electronic monitoring device with respect to a clamping element, is considered to be installed/re-installed, because said sensing means are in the presence of, either of the GET or its fastening element, respectively, which always present relative magnetic permeability values much higher than 1, because they are ferromagnetic materials, whereas if the slope value is close or equal to 1, said electronic monitoring device or said GET with electronic monitoring device with respect to a fastening element, is considered as detached/uninstalled, because it is confirmed that said sensing means are in the presence of non-ferromagnetic materials, for example, air, which presents relative magnetic permeability close or equal to 1, or
a.2) obtaining magnetic hysteresis curves or magnetic "minor loops" curves from the generation of an external alternating magnetic field, called "H field", in a low frequency range between 50 Hz and 50,000 Hz inside the electronic monitoring device, and controlling frequency and amplitude;
where the magnetic field resulting from the interaction of said external alternating magnetic field, called "H-field", of low frequency, and the magnetic field induced by said GET or a clamping element, called "B-field", is sensed/measured; in addition, the voltage signals supplied both to generate the alternating field and to read it, values of "H field" and "B field", respectively, are recorded, with which said magnetic hysteresis curves or magnetic "minor loops" of "B" VS "H" are obtained, from which is determined the installation/re-installation or detachment/removal/deinstallation of an electronic monitoring device inside a GET, using said first twin of said sensing means, or the installation/re-installation or detachment/removal of a GET with electronic monitoring device of a clamping element, using said second twin of said sensing means, and the magnetic coercivity of the hysteresis curve and "minor loop" of "B" vs "H" of the GET, ferromagnetic material, using said first twin means of said sensing means, or of the clamping element, using said second twin of said sensing means, which said sensing means face, is estimated by determining the pair of positive and negative values of the hysteresis curve of the "H field", and is calculated when the difference between said pair of values sets the crossover or B value = 0;
if the absolute value of "H" is different and much higher than zero, said electronic monitoring device or a GET with electronic monitoring device with respect to a clamping element, is installed/re-installed since said sensing means are in presence of said GET or clamping element, respectively, which always present magnetic coercivity values much higher than zero, since both materials are ferromagnetic, whereas, if the absolute value of "H" is very close to zero, said electronic monitoring device or GET with electronic monitoring device with respect to a clamping element has become detached/uninstalled since such sensing means are in the presence of a non-ferromagnetic material, e.g. air, which exhibits magnetic coercivity close to or equal to zero; or
a.3) obtaining magnetic hysteresis curves or curves of magnetic "minor loops" from the generation of an external alternating magnetic field, called "H-field", in a low frequency range between 50 Hz and 50,000 Hz inside the electronic monitoring device, and controlling frequency and amplitude; where the magnetic field resulting from the interaction of said external alternating magnetic field, called "H-field", of low frequency, and the magnetic field induced by said GET or a clamping element, called "B-field", is sensed/measured;
in addition, the voltage signals supplied both to generate the alternating field and to read it, values of "H field" and "B field", respectively, are recorded, with which said magnetic hysteresis curves or magnetic "minor loops" of "B" vs "H" are obtained, from which the installation/re-installation or detachment/removal of an electronic monitoring device inside a GET is determined, using said first twin of said sensing means, or the installation/re-installation or detachment/removal of a GET with electronic monitoring device with respect to a clamping element, using said second twin of said sensing means, and the magnetic remanence field in curves "B" vs "H", of the GET, using said first twin of said sensing means, or of the clamping element, using said second twin of said sensing means, which said sensing means have in front, is determined by determining the pair of positive and negative values of the hysteresis curve of the "B-field" when the value of H=0;
if the absolute value of "B" is always well above zero, said electronic monitoring device or said GET with electronic monitoring device with respect to a clamping element is installed/re-installed since said sensing means are in the presence of the GET or the clamping element, respectively, which always exhibit magnetic remanence values well above zero, since both materials are ferromagnetic, whereas, if the absolute value of "B" is very close to zero, such electronic monitoring device or GET with electronic monitoring device in respect of a clamping element has been detached/uninstalled since the sensing means are in the presence of a non-ferromagnetic material, e.g. air, which has magnetic remanence close to or equal to zero; or
a.4) generation of a radio frequency standing wave whose amplitude changes in the presence of said GET or clamping element, which correspond to a metal, and are in front of either said first twin of said sensing means or said second twin of said sensing means, respectively, causing a change in the impedance of a second resonant antenna, and which change in amplitude is proportional to the change in said environment of metal masses near said second resonant antenna, which changes its efficiency, wherein a radio frequency signal compatible with the wireless communication frequency of said second resonant antenna is emitted, wherein a radio frequency signal compatible with the wireless communication frequency of said second resonant antenna is emitted.
amplitude is proportional to the change in said environment of metallic masses near said second resonant antenna, which changes its efficiency, wherein a radio frequency signal compatible with the wireless communication frequency of a second resonant antenna between 2400 Mhz-2500 Mhz is emitted and the amplitude thereof is sensed, and when a communications module communicates wirelessly and directly with said second resonant antenna, transmits most of the energy it emits, the amplitude of said wireless transmission energy being modified, when the nearby environment of the second resonant antenna changes due to the presence or installation/re-installation, or absence or detachment/de-installation of an electronic monitoring device, or GET with electronic monitoring device with respect to a clamping element, thereby modifying the efficiency of said second resonant antenna, and then, monitoring the intensity of said standing wave through the Standing Wave Ratio (SWR) or geometric ratio between the maximum voltage and the minimum voltage, wherein the SWR value is greater than or equal to 3 for said second resonant antenna, confirming the installation/re-installation of said electronic monitoring device, or said GET with electronic monitoring device with respect to a clamping element, and any value less than 3 for said second resonant antenna, confirms the detachment/removal of said electronic monitoring device, or said GET with electronic monitoring device with respect to a clamping element; or
a.5) by sensing changes in amplitude and phase of an RLC circuit, with respect to a high frequency self-resonant RLC circuit, in the frequency range between 50 kHz and 10 MHz, with thermal normalization, wherein the resonant frequency of the self-resonant RLC circuit is determined for when said electronic monitoring device or GET with electronic monitoring device changes its metallic environment due to an installation/re-installation or detachment/removal event of an electronic monitoring device in a GET, using said first twin of said sensing means, or the installation/re-installation or detachment/removal of a GET with electronic monitoring device with respect to a clamping element, using said second twin of said sensing means, recording the initial frequency of the self-resonant RLC circuit, and the initial values of amplitude and phase in the RLC circuit, at a given temperature, prior to the installation events, of both said electronic monitoring device in a GET, as said GET with electronic monitoring device in its respective clamping element, and where said resonance frequency obtained is used to induce an alternating magnetic field, and the voltage signal induced in the RLC circuit is measured, which contains amplitude and phase information, simultaneously measuring also the temperature inside said electronic monitoring device, which in turn is used to perform a thermal normalization of said amplitude and phase values;
and, if said amplitude and phase values change with respect to initial values recorded prior to the event, it is determined that an installation/re-installation event of said electronic monitoring device in the GET, or of said GET with electronic monitoring device with respect to a fastener, has occurred; and, if with such electronic monitoring device or such GET with electronic monitoring device installed with respect to a fastener, such amplitude and phase values are equivalent to the initially recorded values, it is determined that a detachment/removal event of such electronic monitoring device in the GET or of such GET with electronic monitoring device with respect to a fastener has occurred;
such amplitude and phase values may vary depending on the method of manufacture of GET, by forging or casting, its chemical composition, and the distance at which the sensing means are facing the GET or fastening elements, so calibration curves are previously constructed for said amplitude and phase values; or
a.6) detection of frequency changes of a high frequency self-monitoring RLC circuit in the frequency range between 50 kHz and 10 MHz, wherein the resonant frequency of the self- monitoring RLC circuit is determined for when said electronic monitoring device or GET with electronic monitoring device changes its metallic environment due to an event of installation/re-installation or detachment/removal of an electronic monitoring device in a GET, using said first twin of said sensing means, or the installation/re-installation or detachment/removal of a GET with electronic monitoring device with respect to a clamping element, using said second twin of said sensing means, recording the initial resonant frequency of the self-resonant RLC circuit, prior to the installation events, of both said electronic monitoring device in a GET, and of said GET with electronic monitoring device with respect to a fastener, and wherein said initial recorded resonant frequency is used to detect changes in the surrounding metallic environments;
and, if said resonant frequency value increases by at least 3% from the initial value recorded prior to the event, it is determined that an installation/re-installation event of said electronic monitoring device in the GET, or of said GET with electronic monitoring device with respect to a fastener, has occurred;
and, if with said electronic monitoring device or said GET with electronic monitoring device installed with respect to a clamping element, said resonance frequency value is equivalent to the initially recorded value, it is determined that a detachment/removal event of said electronic monitoring device in the GET or of said GET with electronic monitoring device with respect to a clamping element has occurred;
previously constructing calibration curves for said resonance frequency value.
Claim 1: An autonomous monitoring method that allows tracking, detecting and reporting the installation/re-installation or detachment/removal of an electronic monitoring device on a GET and the installation/re-installation or detachment/removal of a GET with electronic monitoring device with respect to a fastening element on an earthmoving machine and also allows recognizing that the detachment of the GET is temporary either by maintenance, repair or replacement, or definitive either by discarding, because it was not recovered, or the battery ran out or wireless communication was lost, allowing power management, wireless communication and sensing based on 4 main operating states:
"Standby" or simply "Standby" state where the electronic monitoring device, with power source installed, is not installed in a GET;
"Device Installed" or simply "Device Installed" state where the electronic monitoring device is installed/re-installed in a GET;
"GET Installed" or simply "GET Installed" state where a GET with electronic monitoring device is installed/re-installed in a clamping element of an earthmoving machine; or
"GET Detached" or simply "GET Detached" state wherein a GET with electronic monitoring device is detached/detached from a clamping element on an earthmoving machine, in operation, ran out of battery or lost communication;
comprising:
a) autonomously establishing the "Standby" state according to the program of an electronic monitoring device, and for this purpose, a first twin of a sensing means located at the bottom of said electronic monitoring device performs measurements at a measurement rate of at least once every 60 minutes, i.e. for every instant before said electronic monitoring device is installed on a GET, further data/information is transmitted to a network server, every 1 hour to 24, after confirmation of the presence of a power source medium selected from a battery or battery pack, in proper working order, wherein said data/information may include the unique identification data of said electronic device, and wherein said network server is in communication with at least one "Gateway" to which said electronic monitoring device reports autonomously, wherein said unique identifying information or data allows tracking of said electronic monitoring device which may maintain wireless communication with said at least one gateway, or with multiple different gateways in its travel path, without changing said reported "Standby" status, wherein said server has data/information about the location of each gateway, according to the wireless communication protocol programmed into said electronic monitoring device; or
b) autonomously establish "Device Installed" status according to the program of said electronic monitoring device, and for this purpose, said first twin of said sensing means located at the bottom of said electronic monitoring device or a second twin of said sensing means located at the top of said electronic monitoring device performs measurements at a measurement rate of at least once every 30 minutes, in addition, data/information is transmitted to said network server, every 3 minutes to 1 hour, and the unique identification number (ID) of said electronic monitoring device is entered into a log which associates it with the ID of the GET, permitting the tracking of said GET autonomously, without varying said reported "Device Installed" status, due to the unique identification information or data of said electronic monitoring device and according to the wireless communication protocol programmed in said electronic monitoring device, where said tracking has the wireless communication range radius of each "Gateway"; or
c) autonomously establish the status "GET Installed" according to the program of said electronic monitoring device, and for this purpose, said second twin of said sensing means located on top of said electronic monitoring device performs measurements at a measurement rate of at least once every 10 seconds, furthermore, data/information is transmitted to said network server, every 0.1 second to 3 minutes, and then, the status of said device is updated on said server, which is connected to a local network, the Internet or the cloud, wherein the wireless communication protocol is conducted according to the schedule of said electronic monitoring device; or
d) autonomously establish "GET Detached" status according to the program of said electronic monitoring device, and for this purpose, said second twin of said sensing means located on top of said electronic monitoring device performs measurements at a measurement rate of at least once every 10 seconds, further data/information is transmitted to said network server, every 0.1 second to 3 minutes, wherein the change of status is updated on said server connected to a local network, the Internet or the cloud, and wherein for alerting the detachment/removal, autonomously triggered, audible and visual alarms on other user interfaces intended to monitor the states of said electronic monitoring device, and which are connected to said server dedicated to said earthmoving machine, wherein the wireless communication protocol is conducted according to the program of said electronic monitoring device, wherein the installation/re-installation and detachment/removal are determined by a combination of at least one or more of the following options based on the measurements of said sensing means:
e.1) obtaining magnetic hysteresis curves or magnetic "minor loops" curves from the generation of an external alternating magnetic field, referred to as "H-field", in a low frequency range between 50 Hz and 50,000 Hz, inside said electronic monitoring device; and controlling frequency and amplitude; where the magnetic field resulting from the interaction of said external alternating magnetic field, called "H-field", of low frequency, and the magnetic field induced by said GET or a clamping element, called "B-field", is sensed/measured; in addition, the voltage signals supplied both to generate the alternating field and to read it, values of "H field" and "B field", respectively, are recorded, from which are obtained said magnetic hysteresis curves or magnetic "minor loops", of B vs H, from which is determined the installation/re-installation or detachment/removal of an electronic monitoring device inside a GET, using said first twin of said sensing means, or the installation/re-installation or detachment/removal of a GET with electronic monitoring device with respect to a clamping element using said second twin of said sensing means, and the relative magnetic permeability of the GET, using said first twin of said sensing means, or of the fastening element, using said second twin of said sensing means, which said sensing means face, is estimated, where said relative magnetic permeability corresponds to the slope of said curve "B" vs "H" divided by vacuum magnetic permeability, and if the value of the slope is much greater than 1, said electronic monitoring device or said GET with electronic monitoring device with respect to a fastener is considered to be installed/installed, because said sensing means are in the presence of either the GET or its fastener, respectively, which always exhibit relative magnetic permeability values well above 1, due to the fact that they are ferromagnetic materials, whereas if the value of the slope is close or equal to 1, said electronic monitoring device or said GET with electronic monitoring device with respect to a clamping element is considered as detached/removed, because it is confirmed that said sensing means are in the presence of non-ferromagnetic materials, e.g. air, which presents relative magnetic permeability close or equal to 1, or
e.2) obtaining magnetic hysteresis curves or magnetic "minor loops" curves from the generation of an external alternating magnetic field, called "H field", in a low frequency range between 50 Hz and 50,000 Hz inside the electronic monitoring device; and controlling frequency and amplitude; where the magnetic field resulting from the interaction of said external alternating magnetic field, called "H-field", of low frequency, and the magnetic field induced by said GET or a clamping element, called "B-field", is sensed/measured; in addition, the voltage signals supplied both to generate the alternating field and to read it, values of "H field" and "B field", respectively, are recorded, with which said magnetic hysteresis curves or magnetic "minor loops" of "B" vs "H" are obtained, from which is determined the installation/re-installation or detachment/removal/deinstallation of an electronic monitoring device inside a GET, using said first twin of said sensing means, or the installation/re-installation or detachment/removal of a GET with electronic monitoring device of a clamping element, using said second twin of said sensing means, and the magnetic coercivity of the hysteresis curve and "minor loop" of "B" vs "H" of the GET, ferromagnetic material, using said first twin medium of said sensing means, or of the clamping element, using said second twin of said sensing means, which said sensing means have in front, is estimated by determining the pair of positive and negative values of the hysteresis curve of the "H field", and is calculated when the difference between said pair of values establishes the crossing or value B = 0; if the absolute value of "H" is different and much higher than zero, said electronic monitoring device or a GET with electronic monitoring device with respect to a fastener is installed/installed since said sensing means are in the presence of said GET or fastener, respectively, which always present magnetic coercivity values much higher than zero, since both materials are ferromagnetic, whereas, if the absolute value of "H" is very close to zero, said electronic monitoring device or GET with electronic monitoring device with respect to a clamping element is detached/uninstalled since said sensing means are in the presence of a non-ferromagnetic material, e.g. air, which presents magnetic coercivity close or equal to zero; or
e.3) obtaining magnetic hysteresis curves or magnetic "minor loops" curves from the generation of an external alternating magnetic field, denominated "H field", in a low frequency range between 50 Hz and 50,000 Hz inside said electronic monitoring device, and controlling frequency and amplitude; where the magnetic field resulting from the interaction of said external alternating magnetic field, denominated "H field", of low frequency, and the magnetic field induced by said GET or a clamping element, denominated "B field", is sensed/measured; furthermore, the voltage signals supplied both to generate the alternating field and to read it, values of "H field" and "B field", respectively, are recorded, with which said magnetic hysteresis curves or magnetic "minor loops" of "B" vs "H" are obtained, from which the installation/re-installation or detachment/removal of an electronic monitoring device inside a GET is determined, using said first twin of said sensing means, or the installation/re-installation or detachment/removal of a GET with electronic monitoring device with respect to a clamping element is determined, using said second twin of said sensing means, and the magnetic remanence field in curves "B" vs "H", of the GET, using said first twin of said sensing means, or of the clamping element, using said second twin of said sensing means, which said sensing means have in front, is determined by determining the pair of positive and negative values of the hysteresis curve of the "B-field" when the value of H = 0; if the absolute value of "B" is always well above zero, said electronic monitoring device or said GET with electronic monitoring device with respect to a clamping element is installed/re-installed since said sensing means are in the presence of the GET or the clamping element, respectively, which always exhibit magnetic remanence values well above zero, since both materials are ferromagnetic, whereas, if the absolute value of "B" is very close to zero, said electronic monitoring device or GET with electronic monitoring device with respect to a clamping element has been detached/uninstalled since the sensing means are in the presence of a nonferromagnetic material, which presents magnetic remanence close to or equal to zero; or
e.4) generation of a radio frequency standing wave whose amplitude changes in the presence of said GET or clamping element, which correspond to a metal, and are in front of either said first twin of said sensing means or said second twin of said sensing means, respectively, causing a change in the impedance of a second resonant antenna, and whose change in amplitude is proportional to the change in said environment of metallic masses near said second resonant antenna, which changes its efficiency, wherein a radio frequency signal compatible with the wireless communication frequency of a second resonant antenna between 2400 Mhz-2500 Mhz is emitted and the amplitude thereof is detected, wirelessly and directly with said second resonant antenna, transmits the majority of the energy it emits, the amplitude of said wireless transmission energy being modified, when the nearby environment of the second resonant antenna changes due to the presence or installation/re-installation, or absence or detachment/removal of an electronic monitoring device, or GET with electronic monitoring device with respect to a clamping element, thereby modifying the efficiency of said second resonant antenna, and then, monitor the intensity of said standing wave through the Standing Wave Ratio (SWR) or geometric ratio between the maximum voltage and the minimum voltage, wherein the SWR value is greater than or equal to 3 for said second resonant antenna, confirming the installation/re-installation of said electronic monitoring device, or said GET with electronic monitoring device with respect to a clamping element, and any value less than 3 for said second resonant antenna, confirming the detachment/removal of said electronic monitoring device, or said GET with electronic monitoring device with respect to a clamping element; or
e.5) by detecting changes in amplitude and phase of an RLC circuit, with respect to a high frequency self-resonant RLC circuit, in the frequency range between 50 kHz and 10 MHz, with thermal normalization, wherein the resonant frequency of the self-resonant RLC circuit is determined for when such electronic monitoring device or GET with electronic monitoring device, change its metallic environment due to an installation/re-installation or detachment/removal event of an electronic monitoring device in a GET, using said first twin of said sensing means, or the installation/re-installation or detachment/removal of a GET with electronic monitoring device with respect to a clamping element, using said second twin of said sensing means, recording the initial frequency of the self-resonant RLC circuit, and the initial values of amplitude and phase in the RLC circuit, at a given temperature, prior to the installation events, of both said electronic monitoring device in a GET, and said GET with electronic monitoring device in its respective clamping element, and wherein said resonance frequency obtained is used to induce an alternating magnetic field, and the voltage signal induced in the RLC circuit, which contains amplitude and phase information, is measured, simultaneously measuring also the temperature inside said electronic monitoring device, which in turn is used to perform a thermal normalization of said amplitude and phase values; and, if said amplitude and phase values change with respect to initial values recorded prior to the event, it is determined that an installation/re-installation event of said electronic monitoring device in the GET, or of said GET with electronic monitoring device with respect to a fastener, has occurred; and, if with such electronic monitoring device or such GET with electronic monitoring device installed with respect to a fixture, such amplitude and phase values are equivalent to the initially recorded values, it is determined that a detachment/removal event of such electronic monitoring device in the GET or of such GET with electronic monitoring device with respect to a fixture has occurred; these amplitude and phase values may vary according to the method of GET manufacture, by forging or casting, its chemical composition, and the distance at which the sensing means are located in front of the GET or clamping elements, SO calibration curves are previously constructed for these amplitude and phase values; or
e.6) detection of frequency changes of a high frequency self-monitoring RLC circuit in the frequency range between 50 kHz and 10 MHz, wherein the resonant frequency of the self-monitoring RLC circuit is determined for when said electronic monitoring device or GET with electronic monitoring device changes its metallic environment due to an event of installation/re-installation or detachment/removal of an electronic monitoring device in a GET, using said first twin of said sensing means, or the installation/re-installation or detachment/removal of a GET with electronic monitoring device with respect to a clamping element, using said second twin of said sensing means, the initial resonant frequency of the self-resonant RLC circuit being recorded, prior to installation events, both of said electronic monitoring device in a GET and of said GET with electronic monitoring device with respect to a fixture, and wherein said initial recorded resonant frequency is used to detect changes in the surrounding metallic environments; and, if said resonant frequency value increases by at least 3% from the initial value recorded prior to the event, it is determined that an installation/re-installation event of said electronic monitoring device in the GET, or of said GET with electronic monitoring device with respect to a fastener, has occurred; and, if said electronic monitoring device or said GET with electronic monitoring device with respect to a fastener being installed, said resonance frequency value is equivalent to the initially recorded value, it is determined that a detachment/removal event of said electronic monitoring device on the GET or of said GET with electronic monitoring device with respect to a clamping element has occurred; previously constructing calibration curves for said resonance frequency value.
Claim 2: The monitoring method of claim 1 further comprising intensifying with magnetic field lines concentrated in a given region of said GET or a clamping element.
Claim 2: The method of claim 1 further comprising retrieving said detached GET by uniquely identifying said GET with installed electronic monitoring device that continues to wirelessly communicate with said "Gateway", and wherein said network server continues to track the GET by said unique identification, and supported by scanner tracking equipment to track the detached GET, wherein the wireless communication protocol is conducted according to the corresponding operation status and further data/information is transmitted to said network server, every 0.1 second to 3 minutes.
Claim 3: The method of claim 1 further comprising re-installing the recovered GET, wherein said electronic monitoring device detects that the GET has been re-installed, and autonomously changes its state from "GET Detached" to "GET Installed", all alarms associated with said detachment being disabled, and wherein the wireless communication protocol is conducted according to the corresponding operating state and further data/information is transmitted to said network server, every 0.1 second to 3 minutes.
Claim 4: The method of claim 1 wherein said change of state is updated on the user interface, of said earthmoving machine, or user interfaces that are connected to said server connected to a local network, the Internet or the cloud.
Claim 5: The method of claim 1 wherein said ID record is manually or digitally embodied, including embodiment by means of a photograph having the GET ID or a scan code.
Claim 6: The method of claim 1 further comprising each "Gateway" verifying proper operation of the GET with electronic monitoring device installed.
Claim 1 provisionally rejected on the ground of non-statutory double patenting as unpatentable over claims 1-6 of Peña (United States Patent Application # US 19/054,803), hereinafter Peña.
This rejection is provisional because examination of the Peña application is not complete, and the claimed matter is subject to change.
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Consider independent claim 1: Peña, claim 1, recites or suggests all of the limitations of independent claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Reyes-Rodriguez et al. (U.S. Patent # US 10,008,095 B2) disclosing systems and methods for presence monitoring of a ground-engaging tool relative to a machine.
Leslie et al. (U.S. Patent # US 11,634,893 B2) disclosing a wear member monitoring system.
Burch et al. (U.S. Patent Application Publication # US 2014/0240125 A1) disclosing the wireless tracking of power tools and related devices.
Carpenter et al. (U.S. Patent Application Publication # US 2016/0237657 A1) disclosing the monitoring ground-engaging products for earth working equipment.
Nolan et al. (U.S. Patent Application Publication # US 2017/0284902 A1) disclosing an internet of things device for monitoring the motion of oscillating equipment.
Darlington et al. (U.S. Patent Application Publication # US 2019/0284784 A1) disclosing the attachment status monitoring of ground engaging tools (GET) of heavy machinery.
Rearden et al. (U.S. Patent Application Publication # US 2022/0262227 A1) disclosing a notification system for detecting tool usage.
Hamilton (U.S. Patent Application Publication # US 2022/0275607 A1) disclosing apparatus, methods, and systems for monitoring condition of a wear component.
Miller (Canada Patent Application Publication # CA 2846844 A1) disclosing metal tooth detection and locating.
Oki Junichi (Japan Patent Application Publication # JP 2004/206378 A) disclosing a magnetic marker and article monitoring device using it.
Widmer (WIPO/PCT Patent Application Publication # WO 2021081382 A1) disclosing a circuit for object detection and vehicle position determination.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday from 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685
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