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 .
Election/Restrictions
Applicant's election with traverse of species A – FIG.4-5 in the reply filed on 7/13/2026 is acknowledged. The traversal is on the ground(s) that:
Applicant respectfully submits that Species B and C may include all functional elements of Species A, as shown in specification paragraphs [0042]-[0044]. Thus there is minimal examination burden in examining Species B and C while already examining Species A. Further, where an application presents more than a reasonable number of species, 37 C.F.R. § 1.146 allows for restriction of the claims to not more than a reasonable number of species. The requirement identifies three species, which is nearly the minimum number possible to still have species. Applicant respectfully submits three species is a "reasonable number of species" for examination. Withdrawal of the election of species is respectfully requested.
Applicant separately notes that the current requirements and elections are based on the claims as originally presented. Through prosecution and amendment, it is possible that the claims as allowed will recite different subject matter, without regard to the divisions made in the requirements at this time. Applicant understands that future rejoinder or maintenance of the requirement may not relate to or require the current claims or requirement.
This is not found persuasive because the claims are clearly operating differently due to their physical/mechanical structure. There may be any plural number of species possible depending on the embodiments presented.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3-5, 7, 9-10, 18 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3-5, 7, 9-10 recites the limitation "the package" in body of claim, which should be corrected to --the sensor package--. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the battery, solar panel, and the processor" in the body of claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-13 and 16-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by EHRMAN et al. (US 20210365874 A1).
1. EHRMAN discloses (abstract) A sensor package 100 for use through a shipping container that opens and closes with a moveable door (FIG.1-6), the sensor package comprising:
a door sensor (FIG.6) configured to sense door presence in a first direction (sensor unit can sense both internal and external environments – first direction not further defined), wherein the sensor package is open to an exterior of the shipping container when installed (FIG.6C).
2. EHRMAN discloses The package of claim 1, wherein the door sensor is an inductive coil configured to generate a signal from material movement of a door to which the package is not secured. (if a door position is open, the sensor detects that package is not secured)
[0014] The door sensor may include at least one from among a magnetic sensor, a light sensor, an accelerometer, and a gyroscopic sensor. The accelerometer or gyroscopic sensor orientation may be indicative of a door state change. For example, instantaneous values of one or more of yaw, pitch, and roll of the accelerometer or gyroscopic sensor may indicate a door position (e.g., open or close) or movement (e.g., opening or closing).
3. EHRMAN discloses The package of claim 1, wherein the package has a U shape (FIG.8 shows board with U-shaped portions – package not further defined) with a shortest portion of the U facing in the first direction and a leg of the U facing in a second direction different from the first direction (U-shaped edge on board is directed in perpendicular directions as best understood from the claims), wherein the sensor package is open to an exterior of the shipping container when installed (FIG.6A-C).
4. EHRMAN discloses (FIG.6A-C) The package of claim 1, wherein the package is configured to allow the door of the shipping container to open, close, and seal freely and without interference from the package.
5. EHRMAN discloses (FIG.6B-C) The package of claim 1, wherein the package is configured to affix to the container adjacent to the door.
6. EHRMAN discloses The package of claim 1, wherein the shipping container includes two doors configured to close together at a jamb (FIG.6A-6C), and wherein the package is configured to attach to one of the two doors (FIG.6B) and pass through or form the jamb (as best understood and given the lack of further detail of jamb and package, it is interpreted that in FIG.14 – a “sensor package” could be formed on a lock bar 655 which serves to secure door).
7. EHRMAN discloses [0059] The package of claim 1, wherein the package further includes:
a solar panel open to the exterior; and
a battery configured to power the cargo sensor and be powered by the solar panel.
8. EHRMAN discloses [0018] The package of claim 1, further comprising:
a cargo sensor configured to sense a condition of the cargo in the container in a second direction different from the first direction.
9. EHRMAN discloses The package of claim 1, further comprising:
a GPS antenna [0054] configured to receive GPS signals indicating a position of the package; and
a processor 140 configured to control the package.
10. EHRMAN discloses [0073] The package of claim 1, wherein the package is configured to sense at least one of internal temperature, humidity, and cargo presence or placement within the container.
11. Same as for claim 1, given that the claim limitations are similar in scope, a method of monitoring a shipping container, the method comprising:
attaching a sensor assembly to the container such that the sensor assembly has a first surface exposed to an interior of the container and a second surface exposed to an exterior of the container with material continuity (i.e. surface of door 650 is continuous since it is formed of a single plate) between the first surface and the second surface (FIG.6).
12. EHRMAN discloses [0054] The method of claim 11, further comprising:
sensing at least one of internal temperature of the container, internal humidity of the container, light conditions of the container, payload presence within the container, and GPS position of the container with the sensor assembly.
13. EHRMAN discloses (FIG.6A-11) The method of claim 11, wherein the sensor assembly has a third surface facing a door jamb or a thinnest plane of a door of the container.
16. EHRMAN discloses The method of claim 11, wherein the sensor assembly includes a battery, a solar panel [0059], and a processor 140.
17. EHRMAN discloses [0058] The method of claim 11, wherein the sensor assembly includes a humidity sensor, a temperature sensor, and a payload position sensor.
18. EHRMAN discloses (FIG.8A-8C) The method of claim 17, wherein the battery, solar panel, and the processor are on an opposite side of the assembly from the humidity sensor, the temperature sensor, and the payload position sensor.
19. EHRMAN discloses (FIG.10A-11, 14-16) The method of claim 11, wherein the attaching includes at least one of bolting the sensor assembly around an edge of a door of the shipping container and fitting the sensor assembly into a cut-out of the door.
20. As for claim 1, An internal-external tracker (FIG.6-11) for use with cargo, the tracker comprising:
a continuous body having at least a portion in a U-shape such that the body faces an external surface, a door jamb, and an internal surface of the cargo when fixed with a closed door of the cargo; (FIG.8 – the board 810 has various U-shaped portions which when placed within cargo-sensing unit such as 400, it would face at least a portion of external and internal surface and a door jamb when door is closed as shown by FIG.10-11 – given that claim does not define where cargo is being claimed or what the body is part of)
a wireless communications transceiver 150/BT antenna in the body facing the external surface; and [0084]
a door sensor in the body facing the door jamb. [0054] (door sensor faces at least a portion of door jamb when door is closed as illustrated in FIG.10-11)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over EHRMAN et al. (US 20210365874 A1) in view of HAGE et al. (US 20200279446 A1).
However, EHRMAN fails to explicitly disclose:
14. (Original) The method of claim 13, wherein the sensor assembly includes an inductive sensor configured to produce a signal from a door of the container placed in proximity to the inductive sensor.
15. (Original) The method of claim 14, wherein the inductive sensor is on the third surface, and wherein the sensor is attached to another door of the container, and wherein the sensor assembly does not interfere with shutting and sealing of the door and the another door of the shipping container. (under BRI, the claim is not clear which sensor(s) is being further defined in these claims)
HAGE teaches (abstract) in similar field of invention (claims 4 and 18), using an inductive sensor to produce signals nearby a door to detect a door handle presence (FIG.2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add an inductive sensor for detecting door handling in order to provide an improved means for secure door operation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS E GARCIA whose telephone number is (571)270-1354. The examiner can normally be reached M-Th 9-6pm F 9-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Zimmerman can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CARLOS E. GARCIA
Primary Examiner
Art Unit 2686
/Carlos Garcia/Primary Examiner, Art Unit 2686 7/22/2026
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