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 22 April 2026 have been fully considered but they are not fully persuasive. In specific regards to the limitation: “saturation” in regards to a fill-level threshold condition, at a given fill-level, which may include “partial saturation, Applicant only argues that the broad meaning of saturation is not applicable, since, allegedly, in the context of the elected species, “saturation” is clearly based on measured readings from the capacitive liquid sensors, rather than physical “absorption” of the fluid into the sensor material, and refers to instant filed paragraph 0036. However, instant filed paragraph 0036 does not define the term “saturation.” In fact, neither paragraph 0036 or any other portion of the instant filed specification defines or adequately describes what exactly constitutes a liquid “saturation,” being “partial” or otherwise, thus the claimed invention is rendered indefinite.
As objections to the instant specification failing to provide proper antecedent basis for the claimed subject matter of first sensor, second sensor, third sensor and fourth sensor, if, in fact, there is clear antecedent basis for the aforementioned terms in the claims, as Applicant argues, it would be no burden to simply amend the instant filed specification to employ the aforementioned claim terms.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: first sensor, second sensor, third sensor and fourth sensor.
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. Instant independent claim 1 recites the limitations: “the second measured reading exceeds a second fill-level threshold; determine that a multiple-threshold condition is met at a time that: the first measured reading exceeds a first fill-level threshold; and the second measured reading exceeds a supplemental threshold, the supplemental threshold different than the second fill-level threshold.” The instant filed specification defines a “fill-level threshold” 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,” 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
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is invited to review PTO form 892 accompanying this Office Action listing Prior Art relevant to the instant invention cited by the Examiner.
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
Prosecution Insights