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 .
Response to Arguments
Applicant's arguments filed 5/11/2026 have been fully considered but they are not persuasive. Applicant argues Veros (US 20130186196) fails to teach a single capacitive sensor simultaneously coupled to both a faucet and a soap dispenser (Applicant Arguments/Remarks, p. 8-9). Examiner disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a single capacitive sensor simultaneously coupled to both a faucet and soap dispenser) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 25-26 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The originally filed Specification fails to describe, define, or support “the controller is configured to simultaneously receive a capacitive faucet signal from the water faucet and a capacitive soap signal from the soap dispenser” as recited claim 25. Examiner notes the term “operably coupled” defined in the originally filed Specification does not support the limitation of “simultaneously receive” as recited in claim 25.
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.
Claim(s) 1-3, 5-9, 11-12, 14-17, 19-20, 22-23, and 25-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Veros (US 20130186196).
Regarding claim 1, Veros discloses a capacitive sensing faucet system comprising:
a water faucet (10) including an electrically operable valve (22; ¶ 0023) and a capacitive sensor (26, 28, 40, 40A-G, 52);
a soap dispenser (50, 55) including a soap pump (55) and operably coupled to the capacitive sensor (see Fig. 2); and
a controller (24) in electrical communication with the capacitive sensor, the controller configured to receive output signals from the capacitive sensor (¶ 0003, 0023-0035; see Fig. 3) and to activate either the water faucet or the soap pump to dispense water or soap (¶ 0023-0035), respectively, based on levels of the output signals from the capacitive sensor measured on the water faucet and the soap dispenser (¶ 0003, 0023-0035; see Fig. 3).
Regarding claim 2, Veros discloses the water faucet includes a faucet spout (12) having at least a portion formed of a conductive material (see claims 16-17; ¶ 0009, 0023-0035).
Regarding claim 3, Veros discloses the soap dispenser includes a dispenser spout (¶ 0033) having at least a portion formed of a conductive material (see claims 16-17; ¶ 0009, 0023, 0025, 0035).
Regarding claim 5, Veros discloses the soap pump is configured to be adjusted to change soap volume dispensed per activation (¶ 0033).
Regarding claim 6, Veros discloses the controller is configured to detect the movement of a user's hand based upon the output signals from the capacitive sensor as measured on the water faucet and the soap dispenser (¶ 0003, 0023-0035; see Fig. 3).
Regarding claim 7, Veros discloses the controller is configured to detect the movement of a user's hand by comparing a ratio of output signals from the capacitive sensor as measured on the water faucet and the soap dispenser (¶ 0003, 0023-0035; see Fig. 3).
Regarding claim 8, Veros discloses soap pump priming is configured to be activated by touching at least one of the water faucet and the soap dispenser in a specific sequence (¶ 0033), such that the output signals from the capacitive sensor cause the controller to activate the soap pump for as long as the user is touching the at least one of the water faucet and the soap dispenser subject to a timer (¶ 0033).
Regarding claim 9, Veros discloses a lockout mode is configured to be activated by touching or holding one or both of the water faucet and soap dispenser in a specific sequence (¶ 0033), such that the output signals from the capacitive sensor cause the controller to disable the electrically operable valve or the soap pump, respectively (¶ 0033).
Regarding claim 11, Veros discloses a capacitive sensing faucet system comprising:
a water faucet (10) including a faucet spout (12) defining a water outlet (outlet of 12), and an electrically operable valve (22; ¶ 0023) fluidly coupled to the water outlet (see Fig. 2);
a soap dispenser (50, 55) including a dispenser spout (¶ 0033) defining a soap outlet (outlet of the dispenser spout, ¶ 0033), and a soap pump (55) fluidly coupled to the soap outlet (see Fig. 2);
a capacitive sensor (26, 28, 40, 40A-G, 52) operably coupled to the faucet spout and the dispenser spout (see Fig. 2);
a controller (24) operably coupled to the capacitive sensor (see Fig. 2), the controller configured to receive a capacitive faucet signal and a capacitive soap signal from the capacitive sensor (¶ 0023-0035);
wherein the controller calculates a signal ratio between the capacitive faucet signal and the capacitive soap signal to determine the location of a user's hand relative to the faucet spout and the dispenser spout (¶ 0003, 0023-0035; see Fig. 3); and
wherein the controller activates one of the electrically operable valve of the water faucet or the soap pump of the soap dispenser based upon the signal ratio (¶ 0003, 0023-0035; see Fig. 3).
Regarding claim 12, Veros discloses the faucet spout includes at least a portion formed of a conductive material (see claims 16-17; ¶ 0009, 0023, 0025, 0035), and the dispensing spout includes at least a portion formed of a conductive material (see claims 16-17; ¶ 0009, 0023, 0025, 0035).
Regarding claim 14, Veros discloses the controller is configured to detect the movement of the user's hand by calculating changes in the signal ratio (¶ 0003, 0023-0035).
Regarding claim 15, Veros discloses activation of one of the electrically operable valve of the water faucet or the soap pump of the soap dispenser depends upon the changes in the signal ratio (¶ 0003, 0023-0035).
Regarding claim 16, Veros discloses soap pump priming is configured to be activated by touching at least one of the water faucet and the soap dispenser in a specific sequence (¶ 0033), such that the capacitive faucet signal and the capacitive soap signal from the capacitive sensor cause the controller to activate the soap pump for as long as the user is touching the at least one of the water faucet and the soap dispenser subject to a timer (¶ 0033).
Regarding claim 17, Veros discloses a lockout mode is configured to be activated by touching or holding one or both of the water faucet and soap dispenser in a specific sequence (¶ 0033), such that the output signals from the capacitive sensor cause the controller to disable the electrically operable valve or the soap pump, respectively ((¶ 0033).
Regarding claim 19, Veros discloses a capacitive sensing faucet system comprising:
a water faucet (10) including a faucet spout (12) defining a water outlet (outlet of 12), and an electrically operable valve (22; ¶ 0023) fluidly coupled to the water outlet (see Fig. 2);
a soap dispenser (50, 55) including a dispenser spout (¶ 0033) defining a soap outlet (outlet of the dispenser spout, ¶ 0033), and a soap pump (55) fluidly coupled to the soap outlet (see Fig. 2);
a capacitive sensor (26, 28, 40, 40A-G, 52) operably coupled to the faucet spout and the dispenser spout (see Fig. 2);
a controller (24) operably coupled to the capacitive sensor, the controller configured to receive a capacitive faucet signal and a capacitive soap signal from the capacitive sensor (¶ 0023-0035);
wherein the controller calculates a signal ratio between the capacitive faucet signal and the capacitive soap signal to determine the location of a user's hand relative to the faucet spout and the dispenser spout (¶ 0003, 0023-0035; see Fig. 3), and detects the movement of the user's hand by calculating changes in the signal ratio (¶ 0003, 0023-0035; see Fig. 3); and
wherein the controller activates one of the electrically operable valve of the water faucet or the soap pump of the soap dispenser based upon the signal ratio, and the changes in the signal ratio (¶ 0003, 0023-0035; see Fig. 3).
Regarding claim 20, Veros discloses the faucet spout includes at least a portion formed of a conductive material (see claims 16-17; ¶ 0009, 0023, 0025, 0035), and the dispensing spout includes at least a portion formed of a conductive material (see claims 16-17; ¶ 0009, 0023, 0025, 0035).
Regarding claim 22, Veros discloses soap pump priming is configured to be activated by touching at least one of the water faucet and the soap dispenser in a specific sequence (¶ 0033), such that the output signals from the capacitive sensor cause the controller to activate the soap pump for as long as the user is touching the at least one of the water faucet and the soap dispenser subject to a timer (¶ 0033).
Regarding claim 23, Veros discloses a lockout mode is configured to be activated by touching or holding one or both of the water faucet and soap dispenser in a specific sequence (¶ 0033), such that the output signals from the capacitive sensor cause the controller to disable the electrically operable valve or the soap pump, respectively (¶ 0033).
Regarding claim 25, Veros discloses wherein the capacitive sensor is operably coupled to both the water faucet and the soap dispenser (¶ 0003, 0023-0035; see Fig. 3), and the controller is configured to simultaneously receive (¶ 0003, 0023-0035; see Fig. 3; controller 24 receives signal A and signal B) a capacitive faucet signal from the water faucet and a capacitive soap signal from the soap dispenser (¶ 0003, 0023-0035; see Fig. 3).
Regarding claim 26, Veros discloses wherein: the controller calculates a signal ratio between the capacitive faucet signal and the capacitive soap signal to determine the location of a user's hand relative to the water faucet and the soap dispenser (¶ 0003, 0023-0035; see Fig. 3); and the controller activates the water faucet or the soap dispenser based upon the signal ratio (¶ 0003, 0023-0035; see Fig. 3).
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.
Claim(s) 4, 13, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Veros (US 20130186196) in view of Marty (US 7997301) and Rosko (US 9271613).
Regarding claim 4, Veros discloses substantially all of the elements of the present invention as stated above in the rejection of claim 3.
Veros further discloses a faucet mount (mount of 12, 14); a dispenser mount (mount of 50) electrically coupled to the dispenser spout (see Fig. 2); a connecting cable (56, 58) electrically coupling the faucet mount with the dispenser mount (via 24; see Fig. 2); and a signal cable (42) electrically coupling the faucet mount to the controller (see Fig. 2); however, Veros does not explicitly disclose the water faucet further includes a faucet mounting shank electrically coupled to the faucet spout; the soap dispenser further includes a dispenser mounting shank extending downwardly from the dispenser spout and electrically coupled to the dispenser spout; a faucet mount electrically coupled to the faucet mounting shank as claimed.
Marty discloses a spout assembly for an electronic faucet wherein the water faucet further includes a faucet mounting shank (528) extending downwardly from the faucet spout (110) and electrically coupled to the faucet spout (via 120); a faucet mount (112) electrically coupled to the faucet mounting shank (see Fig. 7). It would have been obvious to one of ordinary skill in the art to have modified the water faucet of Veros, to include a faucet mounting shank and a faucet mount as claimed, as taught by Marty, in order to prevent or minimize the strain exerted on the electrical cable within the delivery spout (col. 8, ll. 49-61).
Rosko discloses an electronic soap dispenser wherein the soap dispenser further includes a dispenser mounting shank (24) extending downwardly from the dispenser spout (14) and electrically coupled to the dispenser spout (col. 5, l. 66 - col. 6, l. 18). It would have been obvious to one of ordinary skill in the art to have modified the soap dispenser of Veros, to include a dispenser mounting shank as claimed, as taught by Rosko, in order to maintain electrical communication as the dispensing head is rotated (col. 5, l. 66 - col. 6, l. 18).
Regarding claim 13, Veros discloses substantially all of the elements of the present invention as stated above in the rejection of claim 12.
Veros further discloses a faucet mount (mount of 12, 14); a dispenser mount (mount of 50) electrically coupled to the dispenser spout (see Fig. 2); a connecting cable (56, 58) electrically coupling the faucet mount with the dispenser mount (via 24; see Fig. 2); and a signal cable (42) electrically coupling the faucet mount to the controller (see Fig. 2); however, Veros does not explicitly disclose the water faucet further includes a faucet mounting shank electrically coupled to the faucet spout; the soap dispenser further includes a dispenser mounting shank extending downwardly from the dispenser spout and electrically coupled to the dispenser spout; a faucet mount electrically coupled to the faucet mounting shank as claimed.
Marty discloses a spout assembly for an electronic faucet wherein the water faucet further includes a faucet mounting shank (528) extending downwardly from the faucet spout (110) and electrically coupled to the faucet spout (via 120); a faucet mount (112) electrically coupled to the faucet mounting shank (see Fig. 7). It would have been obvious to one of ordinary skill in the art to have modified the water faucet of Veros, to include a faucet mounting shank and a faucet mount as claimed, as taught by Marty, in order to prevent or minimize the strain exerted on the electrical cable within the delivery spout (col. 8, ll. 49-61).
Rosko discloses an electronic soap dispenser wherein the soap dispenser further includes a dispenser mounting shank (24) extending downwardly from the dispenser spout (14) and electrically coupled to the dispenser spout (col. 5, l. 66 - col. 6, l. 18). It would have been obvious to one of ordinary skill in the art to have modified the soap dispenser of Veros, to include a dispenser mounting shank as claimed, as taught by Rosko, in order to maintain electrical communication as the dispensing head is rotated (col. 5, l. 66 - col. 6, l. 18).
Regarding claim 21, Veros discloses substantially all of the elements of the present invention as stated above in the rejection of claim 20.
Veros further discloses a faucet mount (mount of 12, 14); a dispenser mount (mount of 50) electrically coupled to the dispenser spout (see Fig. 2); a connecting cable (56, 58) electrically coupling the faucet mount with the dispenser mount (via 24; see Fig. 2); and a signal cable (42) electrically coupling the faucet mount to the controller (see Fig. 2); however, Veros does not explicitly disclose the water faucet further includes a faucet mounting shank electrically coupled to the faucet spout; the soap dispenser further includes a dispenser mounting shank extending downwardly from the dispenser spout and electrically coupled to the dispenser spout; a faucet mount electrically coupled to the faucet mounting shank as claimed.
Marty discloses a spout assembly for an electronic faucet wherein the water faucet further includes a faucet mounting shank (528) extending downwardly from the faucet spout (110) and electrically coupled to the faucet spout (via 120); a faucet mount (112) electrically coupled to the faucet mounting shank (see Fig. 7). It would have been obvious to one of ordinary skill in the art to have modified the water faucet of Veros, to include a faucet mounting shank and a faucet mount as claimed, as taught by Marty, in order to prevent or minimize the strain exerted on the electrical cable within the delivery spout (col. 8, ll. 49-61).
Rosko discloses an electronic soap dispenser wherein the soap dispenser further includes a dispenser mounting shank (24) extending downwardly from the dispenser spout (14) and electrically coupled to the dispenser spout (col. 5, l. 66 - col. 6, l. 18). It would have been obvious to one of ordinary skill in the art to have modified the soap dispenser of Veros, to include a dispenser mounting shank as claimed, as taught by Rosko, in order to maintain electrical communication as the dispensing head is rotated (col. 5, l. 66 - col. 6, l. 18).
Claim(s) 10, 18, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Veros (US 20130186196) in view of Loberger (US 20200046172).
Regarding claim 10, Veros discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
However, Veros does not disclose the output signal measured from the soap dispenser provides an indication to the user of an amount of soap stored in a soap reservoir as claimed.
Loberger discloses a multi-function fixture for a lavatory system wherein the output signal (314) measured from the soap dispenser provides an indication (305) to the user of an amount of soap stored in a soap reservoir (310; ¶ 0106, 0121). It would have been obvious to one of ordinary skill in the art to have modified the system of Veros, such that the output signal measured from the soap dispenser provides an indication to the user of an amount of soap stored in a soap reservoir as claimed, as taught by Loberger, in order to indicate the soap level is low (¶ 0106, 0121).
Regarding claim 18, Veros discloses substantially all of the elements of the present invention as stated above in the rejection of claim 11.
However, Veros does not disclose the output signal measured from the soap dispenser provides an indication to the user of an amount of soap stored in a soap reservoir as claimed.
Loberger discloses a multi-function fixture for a lavatory system wherein the output signal (314) measured from the soap dispenser provides an indication (305) to the user of an amount of soap stored in a soap reservoir (310; ¶ 0106, 0121). It would have been obvious to one of ordinary skill in the art to have modified the system of Veros, such that the output signal measured from the soap dispenser provides an indication to the user of an amount of soap stored in a soap reservoir as claimed, as taught by Loberger, in order to indicate the soap level is low (¶ 0106, 0121).
Regarding claim 24, Veros discloses substantially all of the elements of the present invention as stated above in the rejection of claim 19.
However, Veros does not disclose the capacitive soap signal measured from the soap dispenser provides an indication to the user of an amount of soap stored in a soap reservoir as claimed.
Loberger discloses a multi-function fixture for a lavatory system wherein the capacitive soap signal (314) measured from the soap dispenser provides an indication (305) to the user of an amount of soap stored in a soap reservoir (310; ¶ 0106, 0121). It would have been obvious to one of ordinary skill in the art to have modified the system of Veros, such that the output signal measured from the soap dispenser provides an indication to the user of an amount of soap stored in a soap reservoir as claimed, as taught by Loberger, in order to indicate the soap level is low (¶ 0106, 0121).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Friday 11AM-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, David P Angwin can be reached at (571)270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM R KLOTZ/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
