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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 17 September 2026 has been entered.
Response to Arguments
Applicant's arguments filed 17 September 2026 have been fully considered but they are not persuasive. Applicant argues that the amended instant independent claim 1, replacing former limitations regarding “fill-level threshold” or “supplemental threshold” with “quantity of liquid” overcomes the previous rejections under 35 U.S.C. 112(b), since a person of ordinary skill in the art would understand a “quantity of liquid” to be a predetermined, measurable quantity against which a measured reading is compared. The Examiner respectfully disagrees. The instant filed specification fails to clearly define the term “quantity.” The term “quantity” appears only once in the filed specification, in paragraph 0011, which states: “The capacitance between the electrodes may be used to determine the presence and/or quantity of liquid at a position within the flask.” The “position” may or may not be equivalent to a “fill level” or an “amount” of the liquid which is recited in the claimed invention. The replacement of the limitations “fill-level threshold” and “supplemental threshold” with “quantity of liquid” in the claimed invention fails to resolve/overcome the previous rejections under 35 U.S.C. 112(b), since written description requires the “quantity of liquid” is equivalent to “fill-level threshold” and “supplemental threshold.” As such, the rejections under 35 U.S.C. 112(b) are maintained.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 6, 7 and 10-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites that first and second measured readings are indicative of first and second “amounts,” respectively, and subsequently recites a “quantity” of liquid in regards to threshold conditions and the first and second measured quantities being exceeded and associated “fill levels.” It is unclear if the “quantity” is the same as “amount” and/or “fill level” of the liquid, or are different from each other, rendering claim 1 indefinite, as well as all claims depending therefrom. In addition, the claim limitations “quantity” and “amount” are not defined by the instant filed specification, further rendering instant independent claim 1, as well as all claims depending therefrom, and, in particular, dependent claim 10, which also employs the limitation “quantity.”
Instant independent claim 1 recites the limitations: “the second measured reading exceeds a quantity of liquid, which based on the instant filed disclosure, is equivalent to a second fill-level threshold; determine that a multiple-threshold condition is met at a time that: the first measured reading exceeds a first quantity of liquid, which based on the instant filed disclosure, is equivalent to a first fill level threshold; and the second measured reading exceeds a supplemental quantity of liquid, which based on the instant filed disclosure, is equivalent to a supplemental threshold, the supplemental quantity of liquid/threshold different than the second quantity of liquid/fill-level threshold.” The instant filed specification defines a “fill-level threshold” (i.e. quantity of liquid) as: “fill-level threshold may include a predetermined value selected to indicate liquid saturation (emphasis added) and that “supplemental thresholds may indicate partial liquid saturation (emphasis added) at fill levels where the corresponding liquid sensor they are exceeded.” The term “saturation” is broadly defined as: “a state of maximum impregnation” or “complete infiltration/permeation.” Thus it is unclear as to what is exactly occurring in regards to measurements made by the liquid-level sensors and what exactly constitutes a “saturation” or “partial saturation,” in regards to the recited quantities of liquids, since the instant filed specification fails to adequately define or describe the limitation “saturation.” This renders instant independent claim 1 and its dependents indefinite.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner John Fitzgerald whose telephone number is (571) 272-2843. The examiner can normally be reached on Monday-Friday from 7:00 AM to 3:30 PM E.S.T. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor John Breene, can be reached at telephone number (571) 272-4107. 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. The central fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN FITZGERALD/Primary Examiner, Art Unit 2855
