DETAILED ACTION
Amendment filed 30 March 2026 has been entered.
Claims 1-4 are pending. Claim 2 is withdrawn due to a prior restriction.
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 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 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Padgett (US 9,227,279) in view of Nemeth (US 5,088,324) in view of Atherton (US 4,806,847).
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Padgett fig 1
Claim 1, Padgett discloses a submersible pump (fig 1, pump 18 submerged in wastewater, c 3 ln 44-45) detection apparatus (wastewater level sensor 32, c 3 ln 55) configured to be fixedly disposed in a confined area (tank 12, c 3 ln 34) and adapted to control a pump (pump 18) configured to selectively evacuate liquid media from the confined area (c 3 ln 50), the submersible pump detection apparatus comprising: a pair of sensors (sensor floats 33a-33d, c 4 ln 19-25; alternatively electrode sensor assembly, c 5 ln 60-67) in electric communication with a controller (controller c1, c 4 ln 27; controller c2, c 5 ln 59-67) comprising:
a conductivity sensor (conductivity sensor to activate pump based on wastewater level, c 2 ln 44-47; c 5 ln 47-c 6 ln 23; sensors are measured relative to ground to detect water level, c 6 ln 4-5; reasonably since conduction is measured, the tank bottom can be considered a part of the conductivity sensor circuit) configured as a plate (fig 2 shows the ground tank 12 as flat; flat bottom of fig 2 is a flat plate under a BRI) having a lower horizontal (base of tank 12 is lower than sensor assembly), planar surface (base of tank 12 is flat)
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a stilling tube (tube protector 24, c 3 ln 65-66) having a first opening (open top, c 4 ln 2) disposed above a second opening (opening 26 at the bottom of the protector 24, c 4 ln 3), and a middle portion (interior of protector 24 with height H1, c 4 ln 66-67) disposed therebetween, …, said pair of sensors being disposed within said middle portion (sensor is disposed in length of protector 24, c 4 ln 67), wherein said stilling tube is configured to stabilize the fluid within an area proximate said pair of sensors so that said pair of sensors can register an accurate reading of a property of the fluid (the protector prevents debris from interfering with sensors and causing inaccurate detection of fluid level, c 1 ln 51- c 2 ln 3, c 5 ln 10-15).
Padgett is silent on a dual refractive surface optical sensor configured to measure reflectivity; wherein the optical sensor is disposed in the plane of the lower horizontal, planar surface; wherein the pair of sensors and controller are adapted to: detect air when the conductivity sensor measures low conductivity and the optical sensor measures high reflectivity; detect a hydrocarbon when the conductivity sensor measures low conductivity and the optical sensor measures low reflectivity; detect water when the conductivity sensor measures high conductivity and the optical sensor measures low reflectivity.
Nemeth teaches a dual refractive surface optical sensor (fig 2 and fig 5, invention uses a conical prism with two internal reflections, abstract; the figures shows sensor with a triangular body and the dual refraction of lights in elements 17/18; this is identical to the functional figures shown in applicant’s fig 3a-3c, and thereby meets applicant’s disclosed element) configured to measure reflectivity (abstract),
An analogous conductivity sensor (conductivity indicator, abstract) configured as a plate (fig 7, show the conductivity indicator / optical sensor with a flat bottom surface 10’, 10” and a general rectangular shape, where the rectangular shape is reasonably a “plate” shape under a BRI) having a lower horizontal (10” and the ends of electrodes 25/26), planar surface (10” and 25/26 are on a plane at the same horizontal level, c 4 ln 22-29)
wherein the optical sensor is disposed in the plane of the lower horizontal, planar surface (fig 7, id.);
wherein the pair of sensors and controller are adapted to: detect air when the conductivity sensor measures low conductivity and the optical sensor measures high reflectivity (air, c 4 ln 51; conductivity and reflectivity described generally, c 4 ln 32-57); detect a hydrocarbon when the conductivity sensor measures low conductivity and the optical sensor measures low reflectivity (hydrocarbon, fuel, c 4 ln 38-41); detect water when the conductivity sensor measures high conductivity and the optical sensor measures low reflectivity (water, c 4 ln 38-42).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to replace the level indicating sensors for measuring liquid at each discrete level of Padgett with the opto-electronic sensors for measuring liquid at each given level of Nemeth (Nemeth, c 1 ln 5-11) in order to add the ability to differentiate the presence of oil and water at the level sensor (Nemeth, c 1 ln 28-37) thereby by allowing the user to determine where the water level is in the tank (c 4 ln 1-5) and thereby avoid discharging fuel into a water system which a person of ordinary skill in the art would seek to avoid in order to comply with the United State Clean Water Act (CWA Section 311, oil and hazardous substances).
Atherton teaches an analogous level sensor (fig 1, 11, c 6 ln 37) with a middle portion (elongated housing 13 has a middle portion, c 6 ln 40) said middle portion comprising a plurality of openings adapted to move liquid media there through (holes 19, 21 which permit oil and air to enter and escape as the level changes, c 6 ln 44-54).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the stilling tube of Padgett in view of Nemeth by adding the plurality of openings adapted to move liquid media through taught by Atherton in order to allow air and oil to enter and escape to be measured as the level changes (Atherton, c 6 ln 40-54) thereby improving free movement of the oil and improving the accuracy of the measurement (c 7 ln 4-7).
Claim 3, Padgett in view of Nemeth in view of Atherton teaches the detection apparatus of claim 1, further comprising one or more additional sensors, each sensor selected from the group consisting of: a conductivity sensor (Nemeth, abstract), a capacitance sensor, an inductance sensor, a level sensor (Padgett, c 2 ln 30, 42-43; Nemeth, abstract), and a reflectivity sensor (Nemeth, abstract).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Padgett in view of Nemeth in view of Atherton in view of McKiernan (US 5,079,950).
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McKiernan fig 1 and fig 2
Claim 4, Padgett in view of Nemeth in view of Atherton teaches the detection apparatus of claim 1, further comprising:
one or more level sensors disposed below said pair of sensors (Padgett, c 2 ln 30, 42-43);
an insulating block adapted to electrically isolate said conductivity sensor (Nemeth, prism 10 is injection molded plastic which separates the electrodes, c 3 ln 30-45; a person of ordinary skill would recognize that the injection molded plastic must be insulating in order to both hold and electrically separate the electrodes so that the electrodes would be able to measure conductivity of the liquid), said one or more level sensors (Nemeth, the prism 10 is the injection molded plastic and is insulative as explained above) and said stilling tube (Nemeth, prism 10 is an electric insulator and when combining the prism 10 would continue to function as an insulator in order to maintain the Nemeth sensor original function; in the combination the Nemeth sensor would continue to insulate the electrodes from the surrounding environment, inherently this would include the stilling tube of Padgett);
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electrically isolated feed-throughs for said pair of sensors and said one or more level sensors (Nemeth fig 1, depicts conductive wires to the conductivity sensors and the fiber optics for the photodetector; both the wires and the photodetectors are electrically insulated at the prism 10 as explained above);
and a cable connecting said feed-throughs to your controller (Padgett cables 28; Nemeth, fig 1 depicts wires for conductivity measurement; fig 4 shows the connection of the optical and conductive circuits to the controller / logic circuit 33; the combination reasonably connects the sensor of Nemeth to the controller of Padgett to enable the combination to use level sensing for multiple liquid of Nemeth), thereby forming a hydrocarbon detection module (Nemeth sensor detects oil which is a hydrocarbon, c 1 ln 28-37).
Padgett does not disclose a manifold disposed at the top of said stilling tube, said manifold further comprising:
an access cover.
McKiernan teaches a level assembly (fig 1) for a tank (fig 2) with a manifold (fig 1, fitting body 12 provides a single mounting point for the plurality of sensor probe 17, 18, 19; c 3 ln 50-55; the fitting fits the plain meaning of manifold because it reduces several potential mounting points for each probe to a single common mounting point for all the probes together), the manifold comprising an access cover (body 12 covers an opening 13 of the tank via a threaded connection, c 3 ln 41, 44-48), using with rigid probe shafts (c 6 ln 22)
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to enable the mounting of the plurality of probes of Padgett to a tank via a single manifold type mount and cover (12) as taught by McKiernan in order to ease the adjustment of the levels of the probes with respect to the single manifold type mount and cover (12) when outside the tank thereby easy assembly of probes at their relative heights while outside the tank before inserting the probes as a unit into the tank (McKiernan, c 2 ln 50-62, c 4 ln 45-46).
Furthermore, it would have been obvious to a person of ordinary skill in the art to modify the combination by using the attachment cable (Padgett, wires 28 to tanks sensors / Nemeth fig 1 wires to tank sensors) of Padgett to retain the tube protector (Padgett, 64) Padgett beneath the manifold type mount and cover (McKiernan, 12) for the expected result of mounting the protector (Padgett, 24) within the tank (Padgett, c 4 ln 11-18). As a result the combination meets the limitation that the manifold is disposed at the top of the stilling tube.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 GEOFFREY S LEE whose telephone number is (571)272-5354. The examiner can normally be reached Mon-Fri 0900-1800.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEOFFREY S LEE/ Examiner, Art Unit 3746
/DOMINICK L PLAKKOOTTAM/ Primary Examiner, Art Unit 3746
