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. Applicant’s further claim for domestic priority under 35 USC §120 is acknowledged.
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 the priority application is contained in the Parent application file.
Applications 19/054,799, 19/054,801 and 19/054,803, also 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 at least 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]:
The preamble introduces an acronym (GET) (understood to be a Ground Engagement Tool) without defining or explaining the acronym [line 2].
The preamble recites “allows to recognize” [line 4] is awkward, more clearly expressed as “recognizes”.
Use of “the” with respect to ‘the removal of” [line 4], and “the installation/re-installation” [line 1, 2, 4] is superfluous and confusing, and suggests an antecedent basis.
Commas are awkwardly placed or omitted; for example, commas are appropriate after “temporary”, and “definitive” [line 5], after “out” [line 6].
Use of the phrase “allowing power management” [line 7] is unclear.
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.
The preamble recites: “installed/installed” [line 10], and “detached/detached” [line 14], the meaning of which, is unclear, and is assumed to be typographical error.
Claim 1, a) Standby state [line 16-29]:
The clause narrative phrasing style and use of punctuation make meaning and purpose of the method unclear. The clause fails to clearly define a series of steps for performing the method [line 16-29].
Use of “the” with respect to ‘the bottom of” [line 17], and “the presence” [line 21] is superfluous and confusing and suggests an antecedent basis.
The use of quotation marks and capitalization with respect to a “Gateway” [line 24, 25, 26, 27], and the purpose and meaning, is unclear.
The clause recites: “an electronic monitoring device” [line 16] and “a GET’ [line 20] where it is unclear whether these are intended to be the same elements recited previously in the claim.
The phrasing “….route, this, without….” [line 25] punctuation and meaning of which, is unclear.
The clause recites “the server” [line 25], previously introduces as “a network server”.
The clause recites “in proper working order” [line 22], where it is unclear from the phrasing, to what it refers.
Claim 1, b) “Device Installed” state [line 30-40]:
The clause narrative phrasing style and use of punctuation make meaning and purpose of the method unclear. The clause fails to clearly define a series of steps for performing the method [line 30-40].
Use of “the” with respect to ‘the “Device Installed” status”” [line 30] “the bottom” [line 32], and “the top” [line 33] is superfluous and confusing and suggests an antecedent basis.
The use of quotation marks and capitalization with respect to a “Gateway” [line 40], and the purpose and meaning, is unclear.
Claim 1, clause c) [line 41-49]:
The clause narrative phrasing style and use of punctuation make meaning and purpose of the method unclear. The clause fails to clearly define a series of steps for performing the method [line 41-49].
Use of “the” with respect to ‘the status” [line 41, 45] “the internet” [line 46], and “the cloud” [line 46] is superfluous and confusing and suggests an antecedent basis.
The use of quotation marks and capitalization with respect to a “Gateway” [line 47], and the purpose and meaning, is unclear.
The use of “and then,” [line 45], is superfluous, and the meaning unclear.
Claim 1, clause d) [line 50-56]:
The clause narrative phrasing style and use of punctuation make meaning and purpose of the method unclear. The clause fails to clearly define a series of steps for performing the method [line 50-56].
Use of “the” with respect to ‘the “GET Detached”” [line 50], “the change of status” [line 54], “the internet” [line 55], and “the cloud” [line 55] is superfluous and confusing and suggests an antecedent basis.
The phrase “…wherein the wireless communication protocol as programmed in said monitoring device.” is awkward and unclear.
Claim 2 [line 1-6]:
The clause narrative phrasing style and use of punctuation make meaning and purpose of the method unclear. The clause fails to clearly define a series of steps for performing the method.
Use of “the” with respect to ‘the operation status” [line 5] is superfluous and confusing and suggests an antecedent basis.
The use of quotation marks and capitalization with respect to a “Gateway” [line 3], and the purpose and meaning, is unclear.
Claim 3 [line 1-6]:
The clause narrative phrasing style and use of punctuation make meaning and purpose of the method unclear. The clause fails to clearly define a series of steps for performing the method.
Claim 4 [line 1-3]:
Use of “the” with respect to “the internet” and “the cloud” is superfluous and confusing and suggests an antecedent basis.
Claim 5 [line 1-2]:
The meaning of “manually embodied” is unclear.
Claim 6 [line 1-2]:
The use of quotation marks and capitalization with respect to a “Gateway”, and the purpose and meaning, is unclear.
Claim Rejections - 35 USC § 101
35 USC §101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.
Claims 1-6 are rejected under 35 USC §101 because the claimed subject matter is directed to a judicial exception, in particular an abstract idea, and the claims, as a whole, do not recite additional elements sufficient to integrate the judicial exception into a practical application.
Consider independent claim 1: Claim 1 is directed to a method of monitoring, detecting, reporting, and updating the status of a ground engaging tool (“GET”) and an electronic monitoring device associated therewith. In particular, the claim recites steps of:
• establishing operational states of the electronic monitoring device;
• detecting installation, re-installation, detachment, and removal events;
• transmitting information to a network server;
• associating an identification number with the GET;
• updating a status on a server or user interface; and
• optionally retrieving a detached GET.
These limitations, when considered individually and as an ordered combination, amount to nothing more than collecting information, analyzing the information to determine a status, and transmitting or displaying the result. Such activity falls within the category of abstract ideas.
The additional recitations concerning sensing by magnetic hysteresis curves, standing wave ratio changes, and RLC circuit changes are drafted at a high level of generality and are recited in functional terms. The claim does not recite a specific technological improvement to the operation of a sensor, antenna, circuit, processor, or communication network. Rather, the claim uses generic functional language to achieve the desired result of detecting whether the GET or monitoring device is installed or detached.
Accordingly, claim 1 is directed to an abstract idea without reciting significantly more than the abstract idea itself.
Consider claims 2-6: Claims 2–6 depend from claim 1 and recite additional steps relating to retrieval, re-installation, display of status, manual or digital recordation of identification, and gateway verification. These additional limitations do not alter the fundamental character of the claims.
Double Patenting
Claims 1-6 are 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) 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 (802)
19/054,803 (Co-Pending)
Claim 1: An autonomous monitoring method that allows tracking and reporting the installation/re-installation or detachment/removal of an electronic monitoring device inside a GET and the installation/re-installation or detachment/removal of a GET with electronic monitoring device on a clamping element of an earthmoving machine, and also allows to recognize that the removal 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 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 a GET;
State "Device Installed" or simply "Device Installed" where the electronic monitoring device is installed/installed on a GET;
State "GET Installed" or simply "GET Installed" where a GET with electronic monitoring device is installed/installed on a fastener on an earthmoving machine; or
Status "GET Detached" or simply "GET Detached" where 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, that is, for every instant before said electronic monitoring device is installed in 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, or with multiple different "Gateways" that are in its transfer route, this, without varying the reported "Standby" status, where the server has data/information about the location of each "Gateway", which allows it to establish a follow-up according to the communication range of each "Gateway" installed in the place or places, which can even be several kilometers, depending on the wireless communication protocol programmed in the electronic monitoring device; or
b) autonomously establishing the "Device Installed" status according to the schedule of said electronic monitoring device, and to this end, 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, furthermore data/information is transmitted to said network server, every 3 minutes to 1 hour, and the unique identification number (ID) of the electronic monitoring device is entered into a register that associates it with the ID of the GET, allowing 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 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 said status change can be viewed through a user interface, which is connected to the "Gateway" via a local WIFI network, wherein the wireless communication protocol is as programmed in said electronic monitoring device; or
d) autonomously establish the "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, wherein the wireless communication protocol as programmed in said electronic monitoring device.
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 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, based on the wireless communication protocol corresponding to the operation status and further data/information is transmitted to said network server, every 0.1 second to 3 minutes.
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 retrieved GET, wherein said electronic monitoring device detects that the GET has been re-installed, and autonomously changes its status from "GET Detached" to "GET Installed", with all alarms associated with said detachment being deactivated, 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 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 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 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 6: The method of claim 1 further comprising each "Gateway" verifying proper operation of the GET with electronic monitoring device installed.
Claims 1-6 are 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 Peña803.
This rejection is provisional because examination of the Peña803 application is not complete, and 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: Peña803, claim 1, recites or suggests all limitations of independent claim 1.
Consider claim 2 and as applied to claim 1: The additional limitations of this claim are taught by Peña803, claim 2.
Consider claim 3 and as applied to claim 1: The additional limitations of this claim are taught by Peña803, claim 3.
Consider claim 4 and as applied to claim 1: The additional limitations of this claim are taught by Peña803, claim 4.
Consider claim 5 and as applied to claim 1: The additional limitations of this claim are taught by Peña803, claim 5.
Consider claim 6 and as applied to claim 1: The additional limitations of this claim are taught by Peña803, claim 6.
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”: “a sensing means” or “said sensing means”, [Claim 1, lines: 17, 31, 32, 42, 51];
(b) “photograph means”: “by means of a photograph”, [Claim 5, line: 2].
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(a)
The following is a quotation of the first paragraph of 35 USC §112(a):
IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-6 are rejected under 35 USC §112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Consider independent claim 1: Claim 1 is rejected under 35 USC §112(a) because the specification does not appear to provide an adequate written description of, and/or enable, the full scope of the claimed invention. The claim is drafted broadly to encompass multiple distinct sensing technologies and operational approaches, including:
• magnetic hysteresis curves and minor loops;
• amplitude changes in a standing wave in a resonant antenna transmission line;
• amplitude and phase changes in an RLC circuit with thermal normalization; and
• self-frequency changes in a self-resonant RLC circuit.
These alternatives are materially different in structure and operation. The specification, as presented, does not appear to provide sufficient detail to demonstrate possession of the full scope of these alternatives, nor does it appear to enable one of ordinary skill in the art to make and use the full breadth of the claimed invention without undue experimentation. In particular, the disclosure does not appear to adequately explain:
• how the various sensing modalities are implemented in a consistent system architecture;
• how the claimed thresholds and state determinations are established across the full scope of the claim;
• how the claimed performance is achieved across the wide range of GET configurations, cavity geometries, and highly metallic operating environments; and
• how the claimed autonomous reporting, power management, and communication functions are coordinated across all recited states and alternatives.
Accordingly, the specification does not appear commensurate in scope with the full breadth of claim 1.
Consider claims 2-6: These claims depend from the breadth of claim 1 and add additional functional results—such as retrieval, re-installation, interface updates, recordation, and gateway verification—without corresponding technical detail sufficient to support the full scope of the claims.
Accordingly, the specification does not appear commensurate in scope with the claims.
Claim Rejections - 35 USC §112(b)
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 1-6 are rejected under 35 USC §112(b) as 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 contains numerous ambiguous, inconsistent, and internally conflicting terms and phrases that fail to provide reasonably certain scope to one of ordinary skill in the art. By way of example only, claim 1 recites:
“GET,” “wear element,” “ground engaging tool,” “clamping element,” and “fastening element,” without consistently defining the relationship among these terms;
“Standby,” “Device Installed,” “GET Installed,” and “GET Detached,” which appear to be used inconsistently across the disclosure;
“installation/re-installation” and “detachment/removal,” which are used broadly and without clear temporal or structural boundaries;
“first twin of a sensing means” and “second twin of a sensing means,” which do not clearly define the corresponding structure or scope;
“temporary” removal versus “definitive” removal, which introduces uncertainty as to when the claimed state transitions occur;
“autonomously detect,” “report,” and “manage power consumption,” which are expressed in functional result-oriented language rather than objective claim boundaries.
Additional specific examples of indefinite phrasing include:
Claim 1, preamble [line 1-15]:
The preamble alternately introduces “a GET” [line 2, 3, 10, 11, 13] and “the GET” [line 5] where it is unclear whether these are the same GET, or a plurality of different GETs. Similarly, “an electronic monitoring device” [line 2], “the electronic monitoring device “, and [line 8, 10], “electronic monitoring device” [line 3, 11, 13], where antecedence is also unclear; and further combinations thereof, such as “the electronic monitoring device installed/installed on a GET [line 10].
The preamble also recites “the battery” [line 6] for which there is no proper antecedent.
Claim 1, a) “Standby” state [line 16-29]:
This clause introduces: “the program” [line 16], “the unique identification data” [line 22], “the communication range” [line 27], “the place or places” [line 28] and “the wireless communication protocol” [line 28], all without antecedent, and therefore indefinite.
This clause recites a structural element as a “sensing means” [line17], thus invoking 35 USC §112(f) interpretation, but for which no clear definition is provided in the Specification, rendering the term, and the claim, indefinite.
The clause recites “…a measurement rate of at least once every 60 minutes, that is, for every instant….” [line 18-19], the meaning of which is self-contradictory.
The clause recites “for every instant’ [line 19], “in proper working order” [line 22] and “which can even be several kilometers” [line 28], which are relative terms, for which metes and bounds are not clear, and are therefore, indefinite.
Claim 1, b) “Device Installed” state [line 30-40]:
This clause introduces: “the ID of the GET” [line 36], without antecedent, and therefore indefinite.
This clause recites a structural element as “said sensing means” [line31, 32], thus invoking 35 USC §112(f) interpretation, but for which no clear definition is provided in the Specification, rendering the term, and the claim, indefinite.
Claim 1, c) “GET Installed” state [line 41-49]:
This clause introduces: “said status change” [line 46] without antecedent, and therefore indefinite.
This clause recites a structural element as a “said sensing means” [line 42], thus invoking 35 USC §112(f) interpretation, but for which no clear definition is provided in the Specification, rendering the term, and the claim, indefinite.
The clause recites “…every 0, 1 second to 3 minutes….” [line 45], where the meaning of “0, 1” is unclear.
Claim 1, d) “GET Detached” state [line 50-56]:
This clause recites a structural element as a “said sensing means” [line 51], thus invoking 35 USC §112(f) interpretation, but for which no clear definition is provided in the Specification, rendering the term, and the claim, indefinite.
Consider claims 2-6:
Claims 2-6 depend from claim 1 and are rejected for the same reasons set forth above, to the extent they include and depend upon the same indefinite terminologies.
Additional specific examples of indefinite and rejected phrasing include:
Claim 2: claim 2 recites “the operation status” [line 5] for which there is no proper antecedent.
Claim 3: claim 3 recites “the corresponding operating state” [line 5] for which there is no proper antecedent.
Claim 4: claim 4 recites “said change of state” for which there is no proper antecedent.
Claim 5: claim 5 recites “said ID record” for which there is no proper antecedent.
Claim 5 recites a structural element as a “photograph means”, or the equivalent thereof, thus invoking 35 USC §112(f) interpretation, but for which no clear definition is provided in the Specification, rendering the term, and the claim, indefinite.
Claim 6: claim 6 recites “further comprising each gateway” where one or more gateways have been previously introduced and it is unclear whether these are the same or additional gateways.
Claims 2-6 are also rejected at least because each depends from a rejected claim.
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 at 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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