DETAILED ACTION
Claims 1-21 are pending in the present application.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/28/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory 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 nonstatutory 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 nonstatutory 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-17 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over respective claims 1-14, 16-18, and 20 of U.S. Patent No. 12,264,948. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-17 and 19 of the instant application are broader recitations of respective claims 1-14, 16-18, and 20 of U.S. Patent No. 12,264,948.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Franklin et al. (US Pat. No. 5,721,383, hereinafter Franklin) in view of Walker et al. (US 2012/0239211 A1, hereinafter Walker).
Regarding claim 20, Franklin teaches an flow sensor system (see Abstract; see also Fig. 1, all elements; see also col. 6, line 59 through col. 7, line 4, discussion of flow sensor system), comprising: a sensor system comprising a magnetic sensor (97), within a housing (22), configured to provide a sensor output when a magnetic element of a flow device passes the sensor (see Fig. 1 and col. 6, lines 23-31, magnetic sensor 97 provides an output when the magnetic element 109 of a rotary flow device 105 passes the magnetic sensor 97), the magnetic element moving in the presence of fluid flow in a fluid path of an system to transport water to distribution devices of the system (see Fig. 1 and col. 3, lines 28-51, rotary flow device 105 rotates due to water flow through one or more meters/sub-meters of a residence); and a switch coupled to the magnetic sensor (see col. 6, line 59 through col. 7, line 4, magnetic sensor includes and thus considered to be coupled with a switch as described from generating pulses), wherein the sensor output changes the switch between two states (see col. 6, line 59 through col. 7, line 4, magnetic switch as described generates pulses, thus considered to switch between two states), wherein a frequency of transitions between the two states corresponds to a flow rate of the fluid flow (see col. 6, line 59 through col. 7, line 4, the counter accumulates pulses to determine the quantity of water flowing such that inherently the frequency between pulse transitions inherently corresponds to a flow rate based on the accumulated amount of water divided by the length of measurement time).
Franklin fails to teach the flow sensor system is an irrigation flow sensor system; the magnetic element moving in the presence of fluid flow in a fluid path of an irrigation system to transport water to irrigation distribution devices of the irrigation system.
Walker teaches a flow sensor system for an irrigation system (see Abstract; see also Fig. 11A, [0065]-[0068] and [0113]-[0117], discussion of flow sensor system for an irrigation system); the flow device rotating in the presence of fluid flow in a fluid path of an irrigation system to transport water to irrigation distribution devices of the irrigation system (see [0065]-[0068] and [0113]-[0117], discussion of the rotation type flow meters being in an irrigation water distribution system); wherein a frequency of measurement events corresponds to a flow rate of the fluid flow (see [0065] and [0113], flow meter control circuitry utilized to process the number of paddle wheel rotations and measure water usage, consumption, or flow rates as described).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to modify the system of Franklin such that it was utilized in the irrigation system to determine flow rates as described Walker. This would allow for the accurate monitoring of fluid flow and flow rates so as to control irrigation systems as described by Walker (see Abstract).
Regarding claim 21, Franklin teaches an flow sensor system (see Abstract; see also Fig. 1, all elements; see also col. 6, line 59 through col. 7, line 4, discussion of flow sensor system), comprising: a magnetic sensor (97), within a housing (22), configured to provide a sensor output when a magnetic element of a rotary flow device passes the magnetic sensor (see Fig. 1 and col. 6, lines 23-31, magnetic sensor 97 provides an output when the magnetic element 109 of a rotary flow device 105 passes the magnetic sensor 97), the rotary flow device rotating in the presence of fluid flow in a fluid path of a system to transport water to distribution devices of the system (see Fig. 1 and col. 3, lines 28-51, rotary flow device 105 rotates due to water flow through one or more meters/sub-meters of a residence); a control circuit within the housing and coupled to the magnetic sensor (see Fig. 1, control circuit 120 coupled to magnetic sensor 97), wherein the control circuit is configured to process the sensor output to determine an amount of fluid flow (see Fig. 1 and col. 4, line 59 through col. 5, line 8, control circuit 120 processes the sensor out from sensor 97 and determines amount of fluid flow as described); a rechargeable power source in the housing coupled to the control circuit (see Fig. 1, use of photovoltaic battery); and a wireless transceiver (122) within the housing (22) and coupled to the control circuit (120) and the rechargeable power source (126), the wireless transceiver configured to transmit signals containing data corresponding to the flow (see Fig. 1 and col. 4, line 59 through col. 5, line 8, control circuit 120 processes the sensor out from sensor 97 and determines amount of fluid flow, which is transmitted via wireless transceiver 122 as described).
Franklin fails to specifically teach that the flow sensor system for an irrigation system; the rotary flow device rotating in the presence of fluid flow in a fluid path of an irrigation system to transport water to irrigation distribution devices of the irrigation system; and wherein the control circuit is configured to process the sensor output to determine a flow rate of the fluid flow.
Walker teaches a flow sensor system for an irrigation system (see Abstract; see also Fig. 11A, [0065]-[0068] and [0113]-[0117], discussion of flow sensor system for an irrigation system); the flow device rotating in the presence of fluid flow in a fluid path of an irrigation system to transport water to irrigation distribution devices of the irrigation system (see [0065]-[0068] and [0113]-[0117], discussion of the rotation type flow meters being in an irrigation water distribution system); and wherein the control circuit is configured to process the sensor output to determine a flow rate of the fluid flow (see [0065], flow meter control circuitry utilized to process sensor output and measure water usage, consumption, or flow rates as described).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to modify the system of Franklin such that it was utilized in the irrigation system to determine flow rates as described Walker. This would allow for the accurate monitoring of fluid flow and flow rates so as to control irrigation systems as described by Walker (see Abstract).
Allowable Subject Matter
Claims 1-17 and 19 would be allowable if rewritten or amended to overcome the rejections under Double Patenting of claims 1-17 and 19, as set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 1-17 and 19, Walker in view of Haug et al. (US Pat. No. 5,779,911, hereinafter Haug) represents the best art of record. However, Walker in view of Haug fails to encompass all of the limitations of independent claims 1 and 19.
Regarding claim 1, Walker teaches an irrigation flow sensor system (see Abstract; see also Fig. 11A and [0113]-[0117]), comprising: a housing secured with a fluid channel, wherein the fluid channel comprises a first port and a second port and is configured to transport fluid between the first port and the second port, wherein the first port is configured to couple with a first conduit of a fluid path, and the second port is configured to couple with a second conduit of the fluid path of an irrigation system to transport water to irrigation distribution devices configured to distribute water over a geographic area (see also Fig. 11A and [0113]-[0117], inherent features of paddle wheel flowmeter, which includes an inlet and outlet and wherein the flowmeter controls an irrigation system as described); a paddle wheel device comprising a set of blades configured to rotate about an axis due to a fluid flowing through the fluid channel (see also Fig. 11A and [0113]-[0117], inherent features of paddle wheel flowmeter).
Walker fails to specifically a sensor, within a housing, configured to provide a sensor output when an element of a rotary flow device passes the magnetic sensor; and a switch coupled to the sensor and a current loop, wherein the sensor output operates the switch to change a current in the current loop between a first current flow value and a second current flow value, wherein a frequency of transitions between the first current flow value and the second current flow value corresponds to a flow rate of the fluid flow.
Haug teaches a paddle wheel device for a flow sensor system (see Fig. 5 and col. 13, line 34 through col. 14, line 40, discussion of paddle wheel device 505) comprising a magnetic sensor within a housing, wherein the magnetic sensor is configured to provide a sensor output at a first state every time the first magnetic element passes the magnetic sensor (see Fig. 5 and col. 13, line 34 through col. 14, line 40, magnetic sensor 502); and a switch coupled to the magnetic sensor (see Fig. 5, op amp 504 acts as a switch which turns on and off output voltages depending on whether the magnetic sensor senses the magnet or not).
However, Walker, Haug, and combinations thereof fails to teach that the switch is coupled to the sensor and a current loop, wherein the sensor output operates the switch to change a current in the current loop between a first current flow value and a second current flow value, wherein a frequency of transitions between the first current flow value and the second current flow value corresponds to a flow rate of the fluid flow.
Regarding claim 19, Walker, Haug, and combinations thereof fails to teach a method of obtaining a rate of fluid flow through an irrigation conduit specifically comprising controlling a switch coupled with a sensor and a current loop controlling current within the current loop comprising: receiving a sensor output from the sensor; and causing the switch to transition, in response to the sensor output, and temporarily change the current in the current loop between a first current flow value and a second current flow value, wherein a frequency of the transitions between the first current flow value and the second current flow value corresponds to a flow rate of the fluid flow.
Hence the best prior art or record fails to teach the invention as set forth in independent claims 1 and 19 and the examiner can find no teachings for a method of obtaining a rate of fluid flow through an irrigation conduit or an irrigation flow sensor system as specifically claimed which includes the switch coupled to a current loop wherein the current through the loop is used as claimed to determine the current transition frequency and thus the flow rate of the fluid, nor reasons within the cited prior art or on his own to combine the elements of these references other than the applicant's own reasoning to fully encompass the current pending claims.
Claim 18 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL T WOODWARD whose telephone number is (571)270-0704. The examiner can normally be reached M-F: 9:00 AM - 5:00 PM.
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/NATHANIEL T WOODWARD/ Primary Examiner, Art Unit 2855
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