This is deeper-dive to earlier question Constructing multi-part system claims
Let's take another example effectively describing easy imagine weather station system for home where there are multiple (or at least one) small weather-stations placed into owners yard and then those
The whole title could be something like... A method and system for home weather monitor system
- A home weather monitor system, comprising;
- a. at least one weather stations comprising computing unit, rain sensor, wind-sensor, temperature sensor, air barometer sensor, ... (let's say that the selected sensors and methods how they are used are novel)
- b. a gateway;
- c. a server computer system; (methods would actually be implemented in the server by using inputs from the multiple weather stations)
- d. at least one application;
wherein said weather station interfaces said gateway connecting said weather station to Internet enabling the connection to said server computer system serving least one said applications over internet.
A home weather monitor system of claim 1, wherein said wind-sensor comprises a rotor, superconductor bearing (let's say this is one of the novel thingies).
Would this be the right way to start building the claim when there is actually nothing novel at the top level of the system claim but more “aggregated” construct would do so?
How does one in general process two layers definitions. In this case, the high-level system is layer 1, weather station internal composition is layer 2 and dependent claim on wind-sensor is layer 3.
Does it really matter if the whole top level system is claimed in the claims as long as actually claimed stuff can be understood by the judge and the overall functionality is part of the description? By leaving the top level out, there is risk that the person might not be able to figure out the system construct and what happens where just from the text.
I've looked ton of patents through and I feel that they all avoid three layer structures and typically seem to claim only the weather station part as system or device claim and then adding method claim to capture how the whole high-level system solves the issue. Of course, it would be great to be able to claim only the top level claim but eg. the described hierarchy and system partitioning is very common for all IoT devices so in many cases that's not possible but one needs to dig a bit deeper to find novelty.