DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Claim Status
This action is in response to application filed on May 22, 2025. Claims 1-20 are pending for examination.
Claim Interpretation
Claim 3 recites "at least one of: a device firmware upgrade (DFU) ready flag, an enter sleep mode flag, a water sensor wet flag, a device submerged flag, a low battery flag, and a fall detect flag";
Claim 7 recites "at least one of: a sleep state, an active state, a critical event triggered state, and a charging state";
Claim 17 recites " at least one of: a device firmware upgrade (DFU) ready flag, an enter sleep mode flag, a water sensor wet flag, a device submerged flag, a low battery flag, and a fall detect flag";
Claim 19 recites " at least one of: a sleep state, an active state, a critical events triggered state, and a charging state".
For the purpose of the examination, the examiner will assume that any one of the conditions is required to be satisfied. Examiner suggests to change the conjunction "and" for the list of conditions to alternative form "or".
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 15 and 19 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Cutler et al. (Cutler: US 2020/0020221 A1).
Regarding Claim 15, Cutler teaches a method for swimmer safety comprising:
detecting, by a wearable device configured to be worn by a swimmer (Fig. 1, PDIDs 10a-10d and see Fig. 3a-5b, worn by the swimmer), at least one critical event comprising:
an amount of water surrounding the wearable device exceeding a predetermined water contact threshold, as determined by a water contact sensor of the wearable device (Par 95, an embedded submersion tracker, which may be equipped to one or more of the control circuitry 12 and/or signal generators 11, which enables the system 1 to automatically detect when a swimmer's face is fully submerged, as well as re-emerged, down to a split second. In some embodiments, “full submersion” may be defined as submersion beneath at least one inch of water, to ensure that all submersions are being detected),
the swimmer falling, as detected by an accelerometer of the wearable device;
the swimmer being out of range of at least one alert device for a predetermined amount of time, as determined by a range detector of the wearable device, where the range detector comprises a Bluetooth Low Energy (BLE) transmitter (Par 97, If a swimmer attempts to exit the pool or other designated water area while still wearing PDID 10, the perimeter sensors may send a minor alert signal to the hub 70 which may be customizable. To name a few non-limiting examples, upon detection by the perimeter sensors, the hub 70 and/or PDID 10 may emit a chirping noise, lifeguards may receive a minor alert signal unique to the perimeter sensor, the hub 70 and/or PDID 10 may emit a flashing light and Par 92, perimeter monitors, RTLS and Par 89, the use of BLE beacons for signal generators 11 allow for ultra-frequent check-ins, pinging back and forth with the sensor hub 70 once per second (or another periodic polling time suitable for a given implementation of system 1) that any swimmer PDID 10 is active and Par 119);
a battery level falls below a predetermined voltage (Par 89, rechargeable battery); or
any combination thereof;
generating, by a real-time state management controller of the wearable device, real-time state data comprising BLE advertisement data (Par 89, one or more signal generators 11 on a PDID 10 is implemented as a Bluetooth Low Energy (BLE) beacon. A BLE beacon not only can keep the cost of each PDID 10 relatively low, but also allow for a comparatively simple installation. In some examples, once a PDID 10 equipped with BLE beacons is activated (discussed below), the BLE beacons simply broadcast BLE signals in device advertising mode, and a nearby hub 70 tracks the BLE beacons from the advertising mode signals … and par 92, a PDID 10 may include various types of beacons, sensors, or other signal generating units embedded on both the left and right sides of a headset or other wearable in order to send alert signals) indicating when a water threshold is exceeded, a fall is detected, the wearable device is out of range (Par 97, If a swimmer attempts to exit the pool or other designated water area while still wearing PDID 10, the perimeter sensors may send a minor alert signal to the hub 70 which may be customizable. To name a few non-limiting examples, upon detection by the perimeter sensors, the hub 70 and/or PDID 10 may emit a chirping noise, lifeguards may receive a minor alert signal unique to the perimeter sensor, the hub 70 and/or PDID 10 may emit a flashing light and Par 92, perimeter monitors, RTLS), the battery level falls below a predetermined voltage (Par 98, a battery sensor, monitoring the battery level of a PDID 10 to facilitate issuance of an appropriate maintenance warning such as “OK”, “Low”, or “Critical” (very low);), or any combination thereof; and
transmitting, via the BLE transmitter, at least one alert to the at least one alert device upon detection of the at least one critical event (Par 89, one or more signal generators 11 on a PDID 10 is implemented as a Bluetooth Low Energy (BLE) beacon. …, once a PDID 10 equipped with BLE beacons is activated (discussed below), the BLE beacons simply broadcast BLE signals in device advertising mode, and a nearby hub 70 tracks the BLE beacons from the advertising mode signals … and par 92, a PDID 10 may include various types of beacons, sensors, or other signal generating units embedded on both the left and right sides of a headset or other wearable in order to send alert signals).
Regarding Claim 19, Cutler teaches the method of claim 15, further comprising: managing an operational state of the wearable device based on inputs from the water contact sensor, the accelerometer, and the range detector (par 95, submersion tracker , Par 93-94, accelerometer, and Par 92 and Par97, perimeter monitors), wherein the operational state comprises at least one of: a sleep state (Par 93, sleep mode), an active state, a critical events triggered state, and a charging state.
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 7-10, 12-14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Cutler et al. (Cutler: US 2020/0020221 A1) in view of Shau (US 20170007889).
Regarding Claim 1, Cutler teaches a system for swimmer safety (Fig. 1) comprising:
at least one alert device (Fig. 1, 70, 90 and 60); and
a wearable device configured to be worn by a swimmer (Fig. 1, PDIDs 10a-10d and see Fig. 3a-5b, worn by the swimmer), the wearable device comprising:
a water contact sensor configured to determine when an amount of water surrounding the wearable device exceeds a predetermined water contact threshold (Par 95, an embedded submersion tracker, which may be equipped to one or more of the control circuitry 12 and/or signal generators 11, which enables the system 1 to automatically detect when a swimmer's face is fully submerged, as well as re-emerged, down to a split second. In some embodiments, “full submersion” may be defined as submersion beneath at least one inch of water, to ensure that all submersions are being detected);
an accelerometer configured to detect swimmer’s motion (Par93- 94, accelerometer tracks swimmer’s motion).
a range detector configured to determine when the swimmer is out of a range of the at least one alert device (Par 97, If a swimmer attempts to exit the pool or other designated water area while still wearing PDID 10, the perimeter sensors may send a minor alert signal to the hub 70 which may be customizable. To name a few non-limiting examples, upon detection by the perimeter sensors, the hub 70 and/or PDID 10 may emit a chirping noise, lifeguards may receive a minor alert signal unique to the perimeter sensor, the hub 70 and/or PDID 10 may emit a flashing light and Par 92, perimeter monitors, RTLS), where the range detector comprises a Bluetooth Low Energy (BLE) transmitter (Par 89, the use of BLE beacons for signal generators 11 allow for ultra-frequent check-ins, pinging back and forth with the sensor hub 70 once per second (or another periodic polling time suitable for a given implementation of system 1) that any swimmer PDID 10 is active and Par 119);
a battery (Par 89, rechargeable battery); and
a real-time state management controller (Par 71, control circuitry 12 may have processing hardware, such as an embedded microcontroller and associated firmware. And Par 45, real-time monitoring), where the real-time state management controller is configured to:
receive inputs from the water contact sensor, the accelerometer, the battery, and the range detector (par 95, submersion tracker , Par 93-94, accelerometer, Par 89, Battery and Par 92 and Par97, perimeter monitors );
manage an operational state of the wearable device based on the inputs (Par 98, a battery sensor, monitoring the battery level of a PDID 10 to facilitate issuance of an appropriate maintenance warning such as “OK”, “Low”, or “Critical” (very low); ); and
generate real-time state data comprising BLE advertisement data (Par 89, one or more signal generators 11 on a PDID 10 is implemented as a Bluetooth Low Energy (BLE) beacon. A BLE beacon not only can keep the cost of each PDID 10 relatively low, but also allow for a comparatively simple installation. In some examples, once a PDID 10 equipped with BLE beacons is activated (discussed below), the BLE beacons simply broadcast BLE signals in device advertising mode, and a nearby hub 70 tracks the BLE beacons from the advertising mode signals … and par 92, a PDID 10 may include various types of beacons, sensors, or other signal generating units embedded on both the left and right sides of a headset or other wearable in order to send alert signals) indicating when a water threshold is exceeded, a fall is detected, the wearable device is out of range (Par 97), a battery level falls below a predetermined voltage (Par 98, a battery sensor, monitoring the battery level of a PDID 10 to facilitate issuance of an appropriate maintenance warning such as “OK”, “Low”, or “Critical” (very low); ), or
any combination thereof;
where the wearable device is configured to transmit, via the BLE transmitter, at least one alert to the at least one alert device upon at least one critical event (Par 89, one or more signal generators 11 on a PDID 10 is implemented as a Bluetooth Low Energy (BLE) beacon. …, once a PDID 10 equipped with BLE beacons is activated (discussed below), the BLE beacons simply broadcast BLE signals in device advertising mode, and a nearby hub 70 tracks the BLE beacons from the advertising mode signals … and par 92, a PDID 10 may include various types of beacons, sensors, or other signal generating units embedded on both the left and right sides of a headset or other wearable in order to send alert signals) comprising:
the amount of water surrounding the wearable device exceeding the predetermined water contact threshold, as determined by the water contact sensor,
the swimmer falling, as detected by the accelerometer the swimmer being out of the range of the at least one alert device for a predetermined amount of time, as determined by the range detector,
the battery level falling below a predetermined voltage ( Par 98, a battery sensor, monitoring the battery level of a PDID 10 to facilitate issuance of an appropriate maintenance warning such as “OK”, “Low”, or “Critical” (very low)), or
any combination thereof.
Cutler does not explicitly disclose the accelerometer configured to detect whether the swimmer has fallen.
However, Shau teaches determining the actions of a swimmer using output of motion sensors (Par 38) and further teaches an accelerometer configured to detect whether the swimmer has fallen (Par 38, if the motion sensor (520) detects no motion initially, followed by a large acceleration in head direction (H acc), followed by a free fall, and ending with a large negative acceleration in head direction (H-acc), then the logic module (531) of the integrated circuit (530) would know that the swimmer just dived into water ).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Shau in order to provide sophisticated motion related information to the swimmer (Shau: Par 11).
Regarding Claim 7, the combination of Cutler and Shau teaches the system of claim 1, wherein the operational state comprises at least one of: a sleep state (Cutler: Par 93, sleep mode), an active state, a critical event triggered state, and a charging state.
Regarding Claim 8, the combination of Cutler and Shau teaches the system of claim 1, where the at least one alert device comprises a smartphone (Cutler: par 128, lifeguard wearable 60 may be implemented in other suitable form factors, e.g., a headband, earphones or muffs, pendant on a lanyard, integrated into sunglasses, a clip-on device similar to a pager, or as an application executable on a mobile device such as a smartphone or tablet.), a standalone poolside alert device, or any combination thereof.
Regarding Claim 9, the combination of Cutler and Shau teaches the system of claim 1, where the wearable device comprises a wristband, a hip clip, a necklace, an ankle bracelet, a ring, goggles (Cutler: Fig. 4a-4b, 30), a swim cap (Cutler: Fig. 5a-5b, 40), or any combination thereof.
Regarding Claim 10, the combination of Cutler and Shau teaches the system of claim 1, where the wearable device comprises at least one waterproof material (Cutler: Par 12-13 and Par 62, waterproof).
Regarding Claim 12, the combination of Cutler and Shau teaches the system of claim 1, where the at least one alert comprises a moderate level alert, where the moderate level alert is triggered upon an occurrence of at least one critical event chosen from:
the amount of water surrounding the wearable device exceeding the predetermined water contact threshold, as determined by the water contact sensor detecting water for less than a predetermined amount of a water contact time;
the swimmer falling, as detected by the accelerometer detecting a fall;
the swimmer being out of the range of the at least one alert device for less than a predetermined amount of range time, as determined by the range detector,
the battery level falling below a predetermined voltage (Par 98, a battery sensor, monitoring the battery level of a PDID 10 to facilitate issuance of an appropriate maintenance warning such as “OK”, “Low”, or “Critical” (very low)), or
any combination thereof.
Regarding Claim 13, the combination of Cutler and Shau teaches the system of claim 1, where the at least one alert comprises a high level alert, where the high level alert is triggered upon the amount of water surrounding the wearable device exceeding the predetermined water contact threshold, as determined by the water contact sensor detecting water for greater than or equal to a predetermined amount of a water contact time, indicating that the wearable device has been submerged (Cutler: par 28, the submersion trackers may implement the first step in identifying a potential drowning incident. While the settings may be customizable to any length of time (in order to accommodate effective age distinctions between children or beginning swimmers who can't hold their breath for as long as adults or experienced swimmers), e.g., 10 seconds, 20 seconds, or 30 seconds, a selected default range in one embodiment may be full submersion for 30 seconds before an alert is triggered … the submersion tracker, in combination with the heart rate monitor or other biosensors, may also be able to send an alert before a 30 second default time duration if an anomaly in the biosensors is detected together with full submersion.).
Regarding Claim 14, the combination of Cutler and Shau teaches the system of claim 13, where the high level alert is triggered upon an occurrence of at least two critical events chosen from: the swimmer falling, as detected by the accelerometer detecting a fall (Shau: Par 38, if the motion sensor (520) detects no motion initially, followed by a large acceleration in head direction (H acc), followed by a free fall, and ending with a large negative acceleration in head direction (H-acc), then the logic module (531) of the integrated circuit (530) would know that the swimmer just dived into water); the swimmer being out of the range of the at least one alert device (Cutler: Par 97, If a swimmer attempts to exit the pool or other designated water area while still wearing PDID 10, the perimeter sensors may send a minor alert signal to the hub 70 which may be customizable. To name a few non-limiting examples, upon detection by the perimeter sensors, the hub 70 and/or PDID 10 may emit a chirping noise, lifeguards may receive a minor alert signal unique to the perimeter sensor, the hub 70 and/or PDID 10 may emit a flashing light and Par 92, perimeter monitors, RTLS), where the range detector comprises a Bluetooth Low Energy (BLE) transmitter (Par 89, the use of BLE beacons for signal generators 11 allow for ultra-frequent check-ins, pinging back and forth with the sensor hub 70 once per second (or another periodic polling time suitable for a given implementation of system 1) that any swimmer PDID 10 is active and Par 119); or the water contact sensor detecting water (Cutler: Par 95, an embedded submersion tracker, which may be equipped to one or more of the control circuitry 12 and/or signal generators 11, which enables the system 1 to automatically detect when a swimmer's face is fully submerged, as well as re-emerged, down to a split second. In some embodiments, “full submersion” may be defined as submersion beneath at least one inch of water, to ensure that all submersions are being detected).
Regarding Claim 20, Cutler teaches a device for swimmer safety monitoring comprising:
a water contact sensor configured to determine when an amount of water surrounding the device exceeds a predetermined water contact threshold (Par 95, an embedded submersion tracker, which may be equipped to one or more of the control circuitry 12 and/or signal generators 11, which enables the system 1 to automatically detect when a swimmer's face is fully submerged, as well as re-emerged, down to a split second. In some embodiments, “full submersion” may be defined as submersion beneath at least one inch of water, to ensure that all submersions are being detected);
an accelerometer configured to swimmer’s motion (Par93- 94, accelerometer tracks swimmer’s motion);
a range detector comprising a Bluetooth Low Energy (BLE) transmitter configured to determine when the device is out of range of at least one alert device (Par 97, If a swimmer attempts to exit the pool or other designated water area while still wearing PDID 10, the perimeter sensors may send a minor alert signal to the hub 70 which may be customizable. To name a few non-limiting examples, upon detection by the perimeter sensors, the hub 70 and/or PDID 10 may emit a chirping noise, lifeguards may receive a minor alert signal unique to the perimeter sensor, the hub 70 and/or PDID 10 may emit a flashing light and Par 92, perimeter monitors, RTLS and Par 89, the use of BLE beacons for signal generators 11 allow for ultra-frequent check-ins, pinging back and forth with the sensor hub 70 once per second (or another periodic polling time suitable for a given implementation of system 1) that any swimmer PDID 10 is active and Par 119);
a battery (Par 89, rechargeable battery); and
a real-time state management controller (Par 71, control circuitry 12 may have processing hardware, such as an embedded microcontroller and associated firmware. And Par 45, real-time monitoring) configured to:
receive inputs from the water contact sensor, the accelerometer, and the BLE transmitter (par 95, submersion tracker , Par 93-94, accelerometer, Par 89, Battery and Par 92 and Par 97, perimeter monitors and Par 89, the use of BLE beacons for signal generators 11 allow for ultra-frequent check-ins, pinging back and forth with the sensor hub 70);
manage an operational state of the device based on the inputs (Par 95, an embedded submersion tracker, which may be equipped to one or more of the control circuitry 12 and/or signal generators 11, which enables the system 1 to automatically detect when a swimmer's face is fully submerged, as well as re-emerged, down to a split second. In some embodiments, “full submersion” may be defined as submersion beneath at least one inch of water, to ensure that all submersions are being detected);
generate real-time state data comprising BLE advertisement data (Par 89, one or more signal generators 11 on a PDID 10 is implemented as a Bluetooth Low Energy (BLE) beacon. A BLE beacon not only can keep the cost of each PDID 10 relatively low, but also allow for a comparatively simple installation. In some examples, once a PDID 10 equipped with BLE beacons is activated (discussed below), the BLE beacons simply broadcast BLE signals in device advertising mode, and a nearby hub 70 tracks the BLE beacons from the advertising mode signals … and par 92, a PDID 10 may include various types of beacons, sensors, or other signal generating units embedded on both the left and right sides of a headset or other wearable in order to send alert signals) indicating when a water threshold is exceeded (Par 95, an embedded submersion tracker, which may be equipped to one or more of the control circuitry 12 and/or signal generators 11, which enables the system 1 to automatically detect when a swimmer's face is fully submerged, as well as re-emerged, down to a split second. In some embodiments, “full submersion” may be defined as submersion beneath at least one inch of water, to ensure that all submersions are being detected), a fall is detected, or the device is out of range (Par 97, If a swimmer attempts to exit the pool or other designated water area while still wearing PDID 10, the perimeter sensors may send a minor alert signal to the hub 70 which may be customizable. To name a few non-limiting examples, upon detection by the perimeter sensors, the hub 70 and/or PDID 10 may emit a chirping noise, lifeguards may receive a minor alert signal unique to the perimeter sensor, the hub 70 and/or PDID 10 may emit a flashing light and Par 92, perimeter monitors, RTLS), where the range detector comprises a Bluetooth Low Energy (BLE) transmitter (Par 89, the use of BLE beacons for signal generators 11 allow for ultra-frequent check-ins, pinging back and forth with the sensor hub 70 once per second (or another periodic polling time suitable for a given implementation of system 1) that any swimmer PDID 10 is active and Par 119); and
transmit, via the BLE transmitter, at least one alert to the at least one alert device upon at least one critical event (Par 89, one or more signal generators 11 on a PDID 10 is implemented as a Bluetooth Low Energy (BLE) beacon. …, once a PDID 10 equipped with BLE beacons is activated (discussed below), the BLE beacons simply broadcast BLE signals in device advertising mode, and a nearby hub 70 tracks the BLE beacons from the advertising mode signals … and par 92, a PDID 10 may include various types of beacons, sensors, or other signal generating units embedded on both the left and right sides of a headset or other wearable in order to send alert signals) comprising:
the amount of water surrounding the device exceeding the predetermined water contact threshold, as determined by the water contact sensor (Par 95, an embedded submersion tracker, which may be equipped to one or more of the control circuitry 12 and/or signal generators 11, which enables the system 1 to automatically detect when a swimmer's face is fully submerged, as well as re-emerged, down to a split second. In some embodiments, “full submersion” may be defined as submersion beneath at least one inch of water, to ensure that all submersions are being detected), the swimmer falling, as detected by the accelerometer, the device being out of range of the at least one alert device for a predetermined amount of time, as determined by the BLE transmitter (Par 97, If a swimmer attempts to exit the pool or other designated water area while still wearing PDID 10, the perimeter sensors may send a minor alert signal to the hub 70 which may be customizable. To name a few non-limiting examples, upon detection by the perimeter sensors, the hub 70 and/or PDID 10 may emit a chirping noise, lifeguards may receive a minor alert signal unique to the perimeter sensor, the hub 70 and/or PDID 10 may emit a flashing light and Par 92, perimeter monitors, RTLS), where the range detector comprises a Bluetooth Low Energy (BLE) transmitter (Par 89, the use of BLE beacons for signal generators 11 allow for ultra-frequent check-ins, pinging back and forth with the sensor hub 70 once per second (or another periodic polling time suitable for a given implementation of system 1) that any swimmer PDID 10 is active and Par 119), a battery level falling below a predetermined voltage (Par 98, a battery sensor, monitoring the battery level of a PDID 10 to facilitate issuance of an appropriate maintenance warning such as “OK”, “Low”, or “Critical” (very low), or any combination thereof.
Cutler does not explicitly disclose the accelerometer configured to detect whether a swimmer wearing the device has fallen.
However, Shau teaches determining the actions of a swimmer using output of motion sensors (Par 38) and further teaches an accelerometer configured to detect whether the swimmer has fallen (Par 38, if the motion sensor (520) detects no motion initially, followed by a large acceleration in head direction (H acc), followed by a free fall, and ending with a large negative acceleration in head direction (H-acc), then the logic module (531) of the integrated circuit (530) would know that the swimmer just dived into water ).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Shau in order to provide sophisticated motion related information to the swimmer (Shau: Par 11).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Cutler in view of Shau further in view of Simsek et al. (Simsek: US 2019/0260215).
Regarding Claim 2, the combination of Cutler and Shau teaches the system of claim 1, but does not explicitly disclose wherein the real-time state management controller is further configured to: update device flags within the at least one alert device based on the real-time state data; and incorporate the device flags into BLE advertisement data on the at least one alert device.
However, the preceding limitation is known in the art of sensing devices. Simsek teaches a controller is configured to acquire sensor data from a plurality of sensors, (Par 39) and further teaches a controller is further configured to: update device flags within the at least one alert device based on the real-time state data; and incorporate the device flags into BLE advertisement data on the at least one alert device (par [0041] Furthermore, the container controllers 48 are configured to communicate with the remote device 58 via communication links 62-1, 62-2 (collectively referred to as communication links 62). Specifically, the container controllers 48 may transmit container data logs using a dongle (not shown) and via the communication links 62 based on an alarm flag of a corresponding Bluetooth low-energy (BLE) advertising signal and Par [0056] The container controller 48 may transmit container data logs using the dongle 56 based on an alarm flag of a BLE advertising signal. As an example, the container controllers 48 are configured to, using the dongle 56, continuously generate and transmit the BLE advertising signals. The BLE advertising signals may include information associated with an identification of the container, a set of the operational characteristics, and an alarm flag. The set of the operational characteristics may be defined by critical operational characteristics of the container 10, and the alarm flag may be based on the values of the critical operational characteristics. As an example, the alarm flag of the BLE advertising signal may be set to a high value if one of the critical operational characteristics has a value outside of a predefined tolerance. Accordingly, if the alarm flag of the BLE advertising signal is set to a high value, the remote device 58 may then connect to the container controller 48 using the dongle 56 and receive the container data logs).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Simsek in order to provide the advantage for providing more effective alert notification (Simsek: Par 56 and Par 67).
Regarding Claim 3, the combination of Cutler, Shau and Simsek teaches the system of claim 2, where the device flags comprise at least one of: a device firmware upgrade (DFU) ready flag, an enter sleep mode flag, a water sensor wet flag, a device submerged flag, a low battery flag (Cutler: Par 93; Before the processing unit turns on the PDID 10, the PDID 10 may previously have been in a low-power mode with just enough power to enable the control circuitry 12 and associated accelerometer to function to detect an activating motion, and possibly implement other low-power priority functions, such as track the remaining energy in the battery, detect if the remaining battery energy is below a critical threshold, and respond to such a detection by activating a warning not to use the PDID 10 until it is properly charged.), and a fall detect flag.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Cutler in view of Shau and Simsek further in view of Sengstaken (US 20150286852).
Regarding Claim 4, the combination of Cutler, Shau and Simsek teaches the system of claim 2, but does not explicitly disclose where the real-time state management controller is configured to transmit the BLE advertisement data at a first rate during normal operation; and transmit the BLE advertisement data at a second rate higher than the first rate when the at least one critical event is detected.
However, the preceding limitation is known in the art of Bluetooth communication. Sengstaken teaches a controller is configured to transmit the BLE advertisement data at a first rate during normal operation; and transmit the BLE advertisement data at a second rate higher than the first rate when the at least one critical event is detected (Par 39 and Par 44-45; The Bluetooth® beacon repetition rate is changed to a higher rate upon motion detection for a period of time and a code is sent as part of the beacon to signal the motion detection. ).
Therefore, it would have been obvious to one of the ordinary skill in the art at the time of the invention was made to combine the teachings of Foster in order to lower battery usage (Sengstaken: Par 45).
Regarding Claims 5 and 6, the combination of Cutler, Shau, Simsek and Sengstaken teaches the system of claim 4, but does not explicitly disclose where the first rate is between 1 Hz and 10 Hz or where the second rate is between 20 Hz and 100 Hz. However, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One of the ordinary skill in the art understands that the rate of transmission is proportional to the power consumption and needs to be optimized between the speed/urgency and the power consumption. Therefore, it would have been obvious to one of the ordinary skill in the art at the time of the invention was made to optimize the first rate to be between 1 Hz and 10 Hz and the second rate to be between 20 Hz and 100 Hz in order to achieve the optimal range between the power consumption and the speed.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Cutler in view of Shau further in view of Rogers et al. (Rogers: US 20200175836 A1).
Regarding Claim 11, the combination of Cutler and Shau teaches the system of claim 1, but does not explicitly disclose where the water contact sensor comprises a plurality of pins configured to actuate upon reaching the predetermined water contact threshold.
However, Rogers teaches the water contact sensor comprises a plurality of pins configured to actuate upon reaching the predetermined water contact threshold (Par 26-27; When water soluble conductor sensor 300 is exposed to moisture and the conductive material disperses 310 creating an open circuit or high resistance circuit between pins 612 and 613 inputs to the wireless moisture monitor 600 ).
Therefore, it would have been obvious to the one of the ordinary skill in the art at the time of the invention was made to combine the teachings of Rogers in order to provide the user with flexibility to use the disposable sensor (Rogers: Par 7).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Cutler in view of Simsek et al. (Simsek: US 2019/0260215).
Regarding Claim 16, Cutler teaches the method of claim 15, but does not explicitly disclose updating device flags within the at least one alert device based on the real-time state data; and incorporating the device flags into BLE advertisement data on the at least one alert device.
However, the preceding limitation is known in the art of sensing devices. Simsek teaches a controller is configured to acquire sensor data from a plurality of sensors, (Par 39) and further teaches a controller is further configured to: update device flags within the at least one alert device based on the real-time state data; and incorporate the device flags into BLE advertisement data on the at least one alert device (par [0041] Furthermore, the container controllers 48 are configured to communicate with the remote device 58 via communication links 62-1, 62-2 (collectively referred to as communication links 62). Specifically, the container controllers 48 may transmit container data logs using a dongle (not shown) and via the communication links 62 based on an alarm flag of a corresponding Bluetooth low-energy (BLE) advertising signal and Par [0056] The container controller 48 may transmit container data logs using the dongle 56 based on an alarm flag of a BLE advertising signal. As an example, the container controllers 48 are configured to, using the dongle 56, continuously generate and transmit the BLE advertising signals. The BLE advertising signals may include information associated with an identification of the container, a set of the operational characteristics, and an alarm flag. The set of the operational characteristics may be defined by critical operational characteristics of the container 10, and the alarm flag may be based on the values of the critical operational characteristics. As an example, the alarm flag of the BLE advertising signal may be set to a high value if one of the critical operational characteristics has a value outside of a predefined tolerance. Accordingly, if the alarm flag of the BLE advertising signal is set to a high value, the remote device 58 may then connect to the container controller 48 using the dongle 56 and receive the container data logs).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Simsek in order to provide the advantage for providing more effective alert notification (Simsek: Par 56 and Par 67).
Regarding Claim 17, the combination of Cutler and Simsek teaches the method of claim 16, wherein the device flags comprise at least one of: a device firmware upgrade (DFU) ready flag, an enter sleep mode flag, a water sensor wet flag, a device submerged flag, a low battery flag (Cutler: Par 93; Before the processing unit turns on the PDID 10, the PDID 10 may previously have been in a low-power mode with just enough power to enable the control circuitry 12 and associated accelerometer to function to detect an activating motion, and possibly implement other low-power priority functions, such as track the remaining energy in the battery, detect if the remaining battery energy is below a critical threshold, and respond to such a detection by activating a warning not to use the PDID 10 until it is properly charged), and a fall detect flag.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Cutler in view of Simsek further in view of Sengstaken (US 20150286852).
Regarding Claim 18, the combination of Cutler and Simsek teaches the method of claim 16, but does not explicitly disclose transmitting the BLE advertisement data at a first rate during normal operation; and transmitting the BLE advertisement data at a second rate higher than the first rate when the at least one critical event is detected.
However, the preceding limitation is known in the art of Bluetooth communication. Sengstaken teaches a controller is configured to transmit the BLE advertisement data at a first rate during normal operation; and transmit the BLE advertisement data at a second rate higher than the first rate when the at least one critical event is detected (Par 39 and Par 44-45; The Bluetooth® beacon repetition rate is changed to a higher rate upon motion detection for a period of time and a code is sent as part of the beacon to signal the motion detection. ).
Therefore, it would have been obvious to one of the ordinary skill in the art at the time of the invention was made to combine the teachings of Foster in order to lower battery usage (Sengstaken: Par 45).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prior arts cited for the record but not used in Office Action, are listed in attached PTO-892.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nay Tun whose telephone number is (571)270-7939. The examiner can normally be reached on Mon-Thurs from 9:00-5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner's Supervisor, Steven Lim can be reached on (571) 270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Nay Tun/Primary Examiner, Art Unit 2688
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