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 Amendment
The Amendment filed 01/27/2026 has been entered. Claims 1, 3-8, 10-17 and 19-21 pending in the application and are being examined herein.
Status of Objections and Rejections
All rejections of claims 2, 9 18 and 22 are obviated by Applicant’s cancellation.
The claim objections are being withdrawn in view of Applicant’s amendment.
The rejections under 35 U.S.C. 112(b) are being withdrawn in view of Applicant’s amendment.
The rejections under 35 U.S.C. 102 and 35 U.S.C. 103 are being withdrawn in view of Applicant’s amendment.
New grounds for rejection under 35 U.S.C. 103 are necessitated by Applicant’s amendments.
Claim Objections
Claims 1 and 17 are objected to because of the following informalities:
claim 1, line 14, “to transmit the lead content…” should read “to transmit the test result of the lead content” for clarity;
claim 17, line 10, “transmitting the lead content to …” should read “transmitting the test result of the lead content to” for clarity.
Appropriate correction is required.
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.
The factual inquiries 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.
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.
Claims 1, 3-7, 10, 14-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Butler et al. (US 20110320134A) in view of Xia (US 20170254055 A1) in view of Xu (CN 104931491A), and further in view of Hu et al. (CN 113176255 A).
Regarding claim 1, Butler teaches a faucet assembly with lead detection and reporting capabilities, the faucet assembly comprising:
a faucet body (faucet 408)(Fig. 4).
Butler does not explicitly teach that the faucet body is configured to be mounted above a deck.
However, Xia, in the analogous art of fluid dispensing systems, teaches a faucet body (dispenser 3, e.g., faucet, having body 11, paras. 0001 and 0167 and Fig. 17) is configured to be mounted above a deck (wherein dispenser 3 is mounted onto or adjacent sink 202, interpreted as a deck, for receiving fluids and other waste materials; para. 0167 and Fig. 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the faucet assembly of Butler to mount the faucet body
above a deck as taught by Xia for the benefit of positioning the faucet nearby a sink that collects fluids and other waste materials dispensed by the faucet (Xia, para. 0167) with a reasonable expectation of success (MPEP 2143)(I)(G).
Butler teaches a lead detection assembly comprising a controller (processor 108)(paras. 0025 and 0028 and Figs. 2 and 4), a user input device (input device 204) configured to receive a user input (para. 0034 and Fig. 2), a lead detection device (one of the sensors 110 for measuring lead)(paras. 0028 and 0033), and an indicator (warning system 412, that is OLED display screen)(paras. 0042 and 0058 and Fig. 4),
wherein the controller (processor 108), the user input device (input device 204), the lead detection device (one of the sensors 110 for measuring lead) and the indicator (warning system 412, that is OLED display screen) are in electrical communication (paras. 0028, 0032 and 0042), the user input device (input device 204) is configured to communicate the user input to the controller (para. 0030).
Butler teaches based on the user input, the controller (processor 108) is configured to instruct the lead detection device (paras. 0030, 0032-0033 and Fig. 2), but does not explicitly teach the controller is configured to instruct the lead detection device to obtain a water sample and determine a lead content of the water sample. In addition, Butler teaches the lead detection device is a sensor for testing lead content in the water sample (one of sensors 110 that measures lead, paras. 0028 and 0033), but does not teach that the lead detection device tests the lead content of the water sample using lead paper test strips, the lead detection device comprises a printed circuit board configured to generate a first signal representing a result of a lead content test, and send the first signal to the indicator.
However, Xu teaches detecting lead in water using a paper strip. Xu teaches the paper strip provide a rapid, sensitive and inexpensive to monitor lead content in water (abstract).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor 110 for detecting lead taught by Butler with a lead detection paper test strip to monitor lead as taught by Xu in order to have a rapid, sensitive and inexpensive means to monitor lead content in water.
Modified Butler teaches using the paper test strip in a manual way instead of integrating the paper strip in an automated, motorized device, and thus modified Butler fails to teach the controller is configured to instruct the lead detection device to obtain a water sample and determine a lead content of the water sample, and the lead detection device comprises a printed circuit board configured to generate a first signal representing a result of a lead content test, and send the first signal to the indicator.
However, Hu teaches a water quality monitoring device with a paper strip integrated into the device as the detection means. Hu teaches the water quality monitoring device comprises a PCB board a first servo motor, two second servo motors, micro water pumps, an atomizer, a color sensor and a battery (para. 0007 and 0033), and the PCB board is connected to an electronic screen (indicator). Hu teaches the PCB board, upon receiving a signal, output an instruction to rotate the output shaft of the first servo motor 72 degrees clockwise, which engages a set of miniature water pumps to take a sample, and the sample is atomized and sprayed on the test strip for testing. After testing, the PCB board, upon receiving another input signal, output instruction to rotate two second servo motors to replace the used test paper for another test (para. 0042). Hu further teaches PCB board configured to generate a first signal representing a result of a lead content test (Hu, paras.0042 and 0046, color sensor and PCB general signal based on color on test paper), and send the first signal to the indicator (electronic screen 302)(Hu, paras. 0042 and 0046 the color sensor distinguishes the color and interacts with the PCB board to determine of the water test re back to the electronic screen). Hu teaches with the water quality monitoring device, a test strip can be used for detection of a sample water in a motorized device (para. 0043).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lead detection device with the lead paper test strip taught by modified Butler to include a water quality monitoring device based on paper test strip detection comprises a PCB board, a first servo motor, two second servo motors, micro water pumps, an atomizer, a color sensor and a battery (Hu, para. 0007 and 0033), wherein the PCB board is configured to generate a first signal representing a result of a lead content test, and send the first signal to the indicator (Bulter, para. 0030, warning system 412 that is a OLED display screen)(Hu, para. 0033, 0043) as taught by Hu; and to have modified the processor 108 taught by Butler to be configured to instruct the PCB board to output instruction to perform functions including rotate the output shaft of the first servo motor 72 degrees clockwise to engage a set of miniature water pumps to take a sample, and the sample is atomized and sprayed on the test strip for testing (Hu, para. 0042-0043), and to rotate two second servo motors to replace or reset the test paper for another test (Hu, para. 0043) as taught by Bulter and Hu (Butler, paras. 0030, 0032-0033, processor 108 is configured to instruct the lead detection device, and PCB is part of the lead detection device in modified Butler; Hu, para. 0042-0043, PCB board, upon receiving a signal, performs the above functions) in order to use a test strip in a motorized device for detection water as taught by Hu (Hu, para. 0042-0043) in order to have a rapid, sensitive and inexpensive means to monitor lead content in water (Xu, abstract) with a reasonable expectation of success (MPEP 2143)(I)(G).
The teachings of modified Butler would yield
based on the user input, the controller (Butler, processor 108) is configured to instruct (Butler, paras. 0030, 0032-0033) the lead detection device (Hu, water quality monitoring device based on paper test strip; Xu, lead paper test strip) to obtain a water sample and determine a lead content of the water sample (Hu, para. 0042-0043), the lead detection device tests the lead content of the water sample using lead paper test strips (Xu’s lead paper test strip with Hu’s device), the lead detection device comprises a printed circuit board (Hu, PCB board) configured to generate a first signal representing a result of a lead content test (Hu, para. 0046), and send the first signal to the indicator (Butler, warning system 412, which is an OLED display screen)(Hu, para. 0046; Butler, 0058),the controller is configured to transmit the test result of lead content to the indicator (Hu, para. 0046; Bulter, paras. 0058), and the indicator is configured to indicate the lead content of the water sample (Hu, para. 0046; Bulter, para. 0054, 0058).
Regarding claim 3, modified Butler teaches all of the elements of the current invention as stated above with respect to claim 1. Butler further teaches wherein the lead detection device comprises a motor (one of the second servo motors) configured to transfer a lead paper test strip from a lead paper test strip supply, to a testing position for testing, and after testing a water sample, to a waste bin (interpreted as a functional limitation. The test strip, test strip supply, waters ample and waste bin are not positively recited. Hu, para. 0043, the second servo motors is structurally capable of performing the above function).
Regarding claim 4, modified Butler teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Butler further teaches wherein the lead detection device comprises lead test paper (Hu, test paper 13; Xu, lead test paper) in a roll-to-roll configuration (Hu, Figs. 3 and 4 and para. 0031).
Regarding claim 5, modified Butler teaches all of the elements of the current invention as stated above with respect to claim 4, wherein the lead detection device comprises a motor (Hu, para. 0043, one of the second servo motors) configured to advance the roll-to-roll lead test paper in between lead content tests (Hu, para. 0043).
Regarding claim 6, modified Butler teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Butler further teach the faucet assembly comprising a power source (Hu, battery, para. 0033) configured to provide power to the lead detection device (interpreted as a functional limitation, battery is structurally capable of providing power to the lead detection device).
Regarding claim 7, modified Butler teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Butler further teaches comprising a micropump (Hu, micro water pump, para. 0033; see claim 1) fluidly connected to a water inlet supply (the source where sampling tube 1104 is drawing from, Hu, para. 0041)(interpreted as an intended use. The water inlet supply is not positively recited. Hu’s micro water pump meets the structural limitation of the intended use) and configured to obtain a water sample and pump the water sample to the lead detection device (Hu, para. 0042).
Regarding claim 10, modified Butler teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Butler further wherein the indicator (Butler, para. 0030, warning system 412, which is OLED display screen) comprises an LED (OLED screen comprises LED lights) configured to illuminate a first color when the first signal represents an acceptable lead content, and a second color when the first signal represents an unacceptable lead content (interpreted as a functional limitation. The OLED display screen is structurally capable of illuminating a first color and a second color for indicating different results).
Regarding claim 14, the combination of Butler and Xia teaches the faucet assembly of claim 1 as discussed above. However, Butler in view of Xia does not explicitly teach wherein the controller and the lead detection device are configured to be positioned below the deck. Nonetheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the faucet assembly of Butler in view of Xia to position the controller and the lead detection device below the deck because such modification merely involves a rearrangement of parts that would not have modified the operation of the device. See MPEP 2144.04(VT)(C) regarding rearrangement of parts; see also In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding claim 15, the combination of Butler and Xia teaches the faucet assembly of claim 1 as discussed above. However, Butler in view of Xia does not explicitly teach wherein the controller and the lead detection device are configured to be positioned below the deck. Nonetheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the faucet assembly of Butler in view of Xia to position the controller and the lead detection device above the deck because such modification merely involves a rearrangement of parts that would not have modified the operation of the device. See MPEP 2144.04(VT)(C) regarding rearrangement of parts; see also In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding claim 16, modified Butler teaches all of the elements of the current invention as stated above with respect to claim 1.
Modified Butler teaches the warning system 412 is a OLED screen display and fails to indicator is position on the faucet body.
However, Bulter teaches the warning system 412 can also be tactile alarms, which provide vibration to alert the user (para. 0058).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the warning system 412 to further include a tactile alarm in order to provide vibration to alert the user (Butler, para. 0058) with a reasonable expectation of success(MPEP 2143)(I)(G).
The teachings of modified Butler further teaches wherein the indicator is positioned on the faucet body (warning system 412 includes tactile alarm such as vibration of the faucet, which is interpreted as an indicator on the faucet body; para. 0058).
Regarding claim 17, Butler teaches a method of testing water for lead content (para. 0033, sensor 110 measure lead in water), the method comprising:
receiving a user input at a user input device (input device 204)(para. 0034 and Fig. 2) of a faucet body
Butler does not explicitly teach that the faucet body is mounted above a deck.
However, Xia, in the analogous art of fluid dispensing systems, teaches faucet body (dispenser 3, e.g., faucet, having body 11, paras. 0001 and 0167 and Fig. 17) is mounted above a deck (wherein dispenser 3 is mounted onto or adjacent sink 202, interpreted as a deck, for receiving fluids and other waste materials; 1 [0167]; Fig. 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the faucet assembly of Butler to mount the faucet body
above a deck as taught by Xia for the benefit of positioning the faucet nearby a sink that collects fluids and other waste materials dispensed by the faucet (Xia, para. 0167) with a reasonable expectation of success (MPEP 2143)(I)(G).
Bulter teaches communicating the user input to a controller (processor 108) in electrical communication with the user input device (input device 204)(para. 0034 and Fig. 2), a lead detection device (one of the sensors 110 for measuring lead), and an indicator (warning system 412)(Figs. 2 and 4);
Butler teaches based on the user input, the controller (processor 108) is configured to instruct the lead detection device (paras. 0030, 0032-0033), but does not explicitly teach the controller is configured to instruct the lead detection device to obtain a water sample and to determine a lead content of the water sample. In addition, Butler teaches the lead detection device is a sensor for testing lead content in the water sample (one of sensors 110 that measures lead, paras. 0028 and 0033), but does not teach the lead content of the water sample is determined by testing the lead content using lead paper test strips using lead paper test strips, generating, via a printed circuit board, a first signal representing the lead content test and transmitting the first signal to the indicator.
However, Xu teaches detecting lead in water using a paper strip (abstract). Xu teaches the paper strip provide a rapid, sensitive and inexpensive to monitor lead content in water (abstract).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor 110 for detecting lead taught by Butler with a lead detection paper test strip to monitor lead as taught by Xu in order to have a rapid, sensitive and inexpensive means to monitor lead content in water.
Modified Butler teaches using the paper test strip in a manual way instead of integrating the paper strip in an automated, motorized device, and thus modified Butler fails to teach the controller is configure to instruct the lead detection device to obtain a water sample and determine a lead content of the water sample, and the lead detection device comprises a printed circuit board configured to generate a first signal representing a result of a lead content test, and send the first signal to the indicator.
However, Hu teaches a water quality monitoring device with a paper strip integrated into the device as the detection means. Hu teaches the water quality monitoring device comprises a paper test strip, a PCB board a first servo motor, two second servo motors, micro water pumps, an atomizer, a color sensor and a battery (para. 0007 and 0033), and the PCB board is connected to an electronic screen (indicator). Hu teaches the PCB board, upon receiving a signal, output an instruction to rotate the output shaft of the first servo motor 72 degrees clockwise, which engages a set of miniature water pumps to take a sample, and the sample is atomized and sprayed on the test strip for testing. After testing, the PCB board, upon receiving another input signal, output instruction to rotate two second servo motors to replace the used test paper for another test (para. 0042). Hu further teaches PCB board configured to generate a first signal representing a result of a lead content test, and send the first signal to the indicator (electronic screen 302)(para. 0015 and 0042, the color sensor distinguishes the color and interacts with the PCB board to determine of the water test re back to the electronic screen). Hu teaches with the water quality monitoring device, a test strip can be used for detection of a sample water in a motorized device (para. 0043).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lead detection device with the lead paper test strip taught by modified Butler to include a water quality monitoring device based on paper test strip detection comprises a PCB board, a first servo motor, two second servo motors, micro water pumps, an atomizer, a color sensor and a battery (Hu, para. 0007 and 0033), wherein the PCB board is configured to generate a first signal representing a result of a lead content test, and send the first signal to the indicator (Bulter, para. 0030, warning system 412 that is a OLED display screen)(Hu, para. 0033, 0043) as taught by Hu; and to have modified the processor 108 taught by Butler to be configured to instruct the PCB board to output instruction to perform functions including rotate the output shaft of the first servo motor 72 degrees clockwise to engage a set of miniature water pumps to take a sample, and the sample is atomized and sprayed on the test strip for testing (Hu, para. 0042-0043), and to rotate two second servo motors to replace or reset the test paper for another test (Hu, para. 0043) as taught by Bulter and Hu (Butler, paras. 0030, 0032-0033, processor 108 is configured to instruct the lead detection device, and PCB is part of the lead detection device in modified Butler; Hu, para. 0042-0043, PCB board, upon receiving a signal, performs the above functions) in order to use a test strip in a motorized device for detection water as taught by Hu (Hu, para. 0042-0043) in order to have a rapid, sensitive and inexpensive means to monitor lead content in water (Xu, abstract) with a reasonable expectation of success (MPEP 2143)(I)(G).
The teachings of modified Butler would yield
based on the user input, instructing the lead detection device (Hu, water quality monitoring device based on paper test strip; Xu, lead paper test strip)(Butler, paras. 0030, 0032-0033, processor 108 instructs lead detection device based on user input) to obtain a water sample and to determine a lead content of the water sample by testing the lead content (Hu, para. 0042-0043 and Xu, abstract, receive input instruction/signal and subsequent instruct components to obtain water sample and determine lead content) using lead paper test strips (Xu, lead paper test strip);
generating, via a printed circuit board (Hu, PCB board), a first signal representing the lead content test (Hu, para. 0046, color sensor and PCB general signal based on color on test paper) and transmitting the first signal to the indicator (Butler, para. 0058, warning system 412, which is an OLED display screen)(Hu, para. 0046, transmit water test result based on color change);
transmitting the result of lead content to the indicator (Hu, para. 0046); and
indicating the lead content of the water sample to a user (Hu, para. 0046).
Regarding claim 19, modified Butler teaches all of the elements of the current invention as stated above with respect to claim 17. Modified Butler further teaches wherein determining a lead content of the water sample based on the user input comprises testing the lead content using lead test paper in a roll-to-roll configuration (Hu, Figs. 3 and 4 and para. 0031)(Hu, para. 0046; Xu, abstract, Bulter, para. 0058).
Regarding claim 20, modified Butler teaches all of the elements of the current invention as stated above with respect to claim 17. Modified Butler further teaches wherein instructing a lead detection device to obtain a water sample (para. 0042-43) comprises obtaining a sample of water from a water inlet supply (the source where sampling tube 1104 is drawing from, Hu, para. 0041) using a micropump (Hu, micro water pump 1102)(Hu, para. 0041) fluidly connected to the water inlet supply (Hu, paras. 0041-0043 water sample is pumped and thus fluidly connected) and configured to pump the water sample to the lead detection device (Hu, para. 0041-0043).
Claims 8 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Butler et al. (US 20110320134A) in view of Xia (US 20170254055 A1) in view of Xu (CN 104931491A), and further in view of Hu et al. (CN 113176255 A) as applied to claim 1, and further in view of Nogoshi et al. (US 20170314242 A1).
Regarding claim 8, modified Butler teaches all of the elements of the current invention as stated above with respect to claim 1.
Butler teaches a water line between a mixing valve and a faucet outlet (Fig. 4, a waterline between valve 402 which is disposed upstream of inlet to mixer 406 and is therefore interpreted as a mixing valve, and outlet 432).
Modified Butler does not teach a micropump located within the faucet body, fluidly connected to a water line between a mixing valve and a faucet outlet and configured to obtain a water sample and pump the water sample to the lead detection device.
However, Nogoshi, in the analogous art of water dispensing devices, teaches a micropump (micro- pump 37; 1 [0037]; Fig. 4) fluidly connected to a water line between a valve and a faucet outlet (wherein micro-pump 37 is connected to a water line between check valve 34, and outlet of ejection unit 22; 1 [0037]; Fig. 4) and configured to obtain salt water and pump the salt water to a tank (see 1 [0037]; Fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the faucet assembly of modified Butler to incorporate a micropump as taught by Nogoshi, to fluidly connect to a water line between a mixing valve and a faucet outlet and configured to pump the water sample to the lead detection device of modified Butler as modified by Xia, for the benefit of lowering the power demand and size of the pumping source.
Modified Butler does not explicitly teach wherein the micropump located within the faucet body. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the faucet assembly of Butler in view of Xia and Nogoshi to position the micropump within the faucet body because such modification merely involves a rearrangement of parts that would not have modified the operation of the device. See MPEP 2144.04(VI)(C) regarding rearrangement of parts; see also In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding claim 21, modified Butler teaches all of the elements of the current invention as stated above with respect to claim 17.
Modified Butler teaches obtaining a sample of water from a water supply (the source where sampling tube 1104 of Hu is drawing from, Hu, para. 0041) using a micropump (Hu, micro water pump 1102) connected to the water supply (Hu, paras. 0041-0043, obtain a water sample with micro water pump; water sample is pumped and thus pump and water supply are fluidly connected) and configured to pump the water sample to the lead detection device (Hu’s water quality monitoring device based on paper test strip with Xu’s lead paper test strip)(Hu, para. 0041-0043).
Modified Butler does not teach the water supply is a water line between a mixing valve and a faucet outlet.
However, Butler teaches a water line between a mixing valve and a faucet outlet (Butler, Fig. 4, a waterline between valve 402 which is disposed upstream of inlet to mixer 406 and is therefore interpreted as a mixing valve, and outlet 432). In addition, Nogoshi, in the analogous art of water dispensing devices, teaches a micropump (Nogoshi, micro- pump 37; 1 [0037]; Fig. 4) fluidly connected to a water line between a valve and a faucet outlet (Nogoshi, wherein micro-pump 37 is connected to a water line between check valve 34, and outlet of ejection unit 22; para. 0037 and Fig. 4) and configured to obtain salt water and pump the salt water to a tank (Nogoshi, para. 0037 and Fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the water supply taught by modified Butler with the water line between a valve and a faucet outlet of Butler (Butler, Fig. 4) as taught by Nogoshi (Nogoshi, para. 0037 and Fig. 4) because one of ordinary skill in the art would accordingly have recognized the water line between a valve and faucet outlet of Butler would result in the predictable result of providing a water supply to obtaining a water sample for the lead detection device and provide the benefit of lowering the power demand and size of the pumping source, and simple substitution of one known element (water supply) for another element (water line between valve and faucet outlet of Bulter, Fig. 4) is likely to be obvious when predictable results (a water supply to obtaining a water sample) are achieved. See MPEP 2143(I)(B).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Butler et al. (US 20110320134A) in view of Xia (US 20170254055 A1) in view of Xu (CN 104931491A), and further in view of Hu et al. (CN 113176255 A) as applied to claim 1, and further in view of Naidu et al. (US 20130304395).
Regarding claim 11, modified Bulter teaches all of the elements of the current invention as stated above with respect to claim 1.
Modified Butler teaches lead detection device is actuated upon receiving a signal (Hu, para. 0043), and thus fails to teach wherein the lead detection device comprises a clock.
However, Naidu, in the analogous art of method and device for assessing the analyte concentration in a liquid, teaches periodic sampling wherein a timer (which is interpreted as a clock) initiates liquid sampling at predetermined intervals of time (para. 0073).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lead detection device to incorporate a timer/clock as taught by Naidu to automatically send signal in predetermined time intervals to actuate functions of lead detection device for the benefit of automatically sampling, analyzing, and transmitting results (see Naidu, para. 0133) with a reasonable expectation of success (MPEP 2143)(I)(G).
Regarding claim 12, modified Bulter teaches all of the elements of the current invention as stated above with respect to claim 11. Modified Bulter further teaches wherein the lead detection device (Hu, water quality monitoring device with Naidu, timer) is configured to automatically test a water sample for lead according to a first predetermined time interval measured by the clock (Naidu, timer) (interpreted as a functional limitation. Hu, para. 0043 and Naidu, para. 0073, the lead detection device with timer is structurally capable testing a water sample for lead according to first predetermined time interval measured by the clock).
Regarding claim 13 modified Bulter teaches all of the elements of the current invention as stated above with respect to claim 11. Modified Bulter further teaches wherein the lead detection device (Hu, water quality monitoring device with Naidu, timer) is configured to generate and send a second signal to the indicator (Butler, para. 0030, warning system 412, which is OLED display screen) wherein the second signal is based on a second predetermined time interval measured by the clock (Naidu, timer), causing the LED of the indicator to illuminate a third color (interpreted as a functional limitation. Hu, para. 0043, lead detection device is configured to generate and send signal to the OLED display screen, which can display a third color).
Response to Arguments
Applicant’s arguments, see pp. 5-6, filed 01/27/2026, with respect to claim objections have been fully considered and are persuasive. The objection of 10/28/2025 has been withdrawn.
Applicant’s arguments, see p. 6, filed 01/27/2026, with respect to the rejection under 35 U.S.C. 112(b) have been fully considered and are persuasive. The rejection of 10/28/2025 has been withdrawn.
Applicant’s arguments, see pp. 6-9, filed 10/28/2025, with respect to the rejections under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Butler et al. (US 20110320134A) in view of Xia (US 20170254055 A1) in view of Xu (CN 104931491A), and in view of Hu et al. (CN 113176255 A), and further in view of Nogoshi et al. (US 20170314242 A1) or Naidu et al. (US 20130304395).
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.
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/M.L.C./Examiner, Art Unit 1758
/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
