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
Applicants’ arguments filed June 30, 2026, with respect to independent claims 1-20 have been fully considered but they are not persuasive. In regard to Applicant’s amendments to independent claims 1 and 8, Fonk (US 20210215482 A1; cited in prior PTO-892) does teach the added claim limitations regarding the structure of the first and second conductive plates, as well as their geometries relative to each other and the mass. As such, the prior art rejection(s) for claims 1 and 8 rely on Fonk, as recited below. In regard to the amendments to independent claim 13, Examiner acknowledges that although5801340 A). As Applicant does not argue against the combination of references, the prior art rejection(s) for claim 13 similarly rely on Fonk in view of Peter, as recited below.
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 1-7 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.
The term “substantially parallel” in claim 1 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. As written, it is unclear how parallel the plane of the plates must be to a plane in which the mass resides. For the purpose of examination, Examiner will interpret “substantially parallel” to mean “parallel”, as recited in amended claim 8.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-2, 5-6, and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fonk.
In regard to claim 1, Fonk discloses a tilt indicator [tilt indicator, abstract], comprising: a tilt detection assembly {tilt detection assembly, para. [0002]} including a mass {mass member, para. [0003]} movable from a first position to a second position in response to a tilt event {para. [0003] describes a tilt event where the mass member moves from connected to switch circuitry to disconnected from switch circuitry}; a capacitance sensor circuit disposed proximate the first position {para. [0032] describes an embodiment of the tilt detection assembly that includes a capacitive proximity sensor configured to indicate when a mass member is in a receptacle}, the capacitance sensor circuit configured to output a capacitance value based on the mass being in the first position {described in para. [0032], mass member in receptacle}; the capacitance sensor circuit comprising a first conductive plate and a second conductive plate {surfaces 134A and 134B, spaced apart as shown in Figs. 2 and 4, described as having a conductive coating in para. [0013]}, at least a portion of the first and second conductive plates positioned coplanar with each other and in a plane substantially parallel to a plane in which the mass resides {plane comprising the top surface of plates 134A and 134B, seen in Figs. 2 and 4 with coplanar surface shown in Fig. 4, would be parallel with a plane coinciding with a top surface of the mass 38, visible in Fig. 2}; and a module and logic integrated with and/or executable by the module {shown in Fig. 3, logic described in para. [0024]}, the module coupled to the capacitance sensor circuit {described in para. [0022]}, the module configured to output, when energized, an indication of an actuation state of the tilt indicator based on the capacitance value {para. [0022] describes the tilt detection assembly causing a change in a switch circuitry, para. [0032] describes that the switch can be changed due to capacitive changes, causing the module to output an indication of activation}.
In regard to claim 2, Fonk discloses that the module is configured to wirelessly output the indication when energized {para. [0032] describes using radio-frequency identification (RFID) to output indication; para. [0022] describes other embodiment of wireless communication}.
In regard to claim 5, Fonk discloses that the module comprises a passive radio-frequency identification (RFID) module {at least paras. [0004] and [0022] describe a passive RFID module that is responsive to the tilt detection assembly}.
In regard to claim 6, Fonk discloses that the capacitance value comprises a first capacitance value when the mass is in the first position {mass in receptacle, para. [0032]}, and wherein the capacitance sensor circuit is configured to output a second capacitance value when the mass is in the second position {mass exiting receptacle causes a change in signal from the capacitive proximity sensor(s), para. [0032]}.
In regard to claim 8, Fonk discloses a tilt indicator [tilt indicator, abstract], comprising: a tilt detection assembly {tilt detection assembly, para. [0002]} including a mass {mass member, para. [0003]} movable from a first position in response to a tilt event {para. [0003] describes a tilt event where the mass member moves from connected to switch circuitry to disconnected from switch circuitry}; a capacitance sensor circuit disposed proximate the first position {para. [0032] describes an embodiment of the tilt detection assembly that includes a capacitive proximity sensor configured to indicate when the mass member is in a receptacle}, the capacitance sensor circuit configured to output a first capacitance value based on the mass being in the first position {described in para. [0032], mass member in receptacle} and a second capacitance value based on the mass being absent from the first position {mass exiting receptacle causes a change in signal from the capacitive proximity sensor(s), para. [0032]}; the capacitance sensor circuit comprising a first conductive plate and a second conductive plate {surfaces 134A and 134B, described as having a conductive coating in para. [0013]}, at least a portion of the first and second conductive plates positioned coplanar with each other and in a plane parallel to a plane in which the mass resides {plane comprising the top surface of plates 134A and 134B, seen in Figs. 2 and 4, would be parallel with a plane coinciding with a top surface of the mass 38, visible in Fig. 2}; and a module and logic integrated with and/or executable by the module {shown in Fig. 3, logic described in para. [0024]}, the module coupled to the capacitance sensor circuit {described in para. [0022]}, the module configured to output, when energized, an indication of an actuation state of the tilt indicator based on the first capacitance value or the second capacitance value output by the capacitance sensor circuit {para. [0022] describes the tilt detection assembly causing a change in a switch circuitry, para. [0032] describes that the switch can be changed due to capacitive changes, causing the module to output an indication of activation}.
In regard to claim 9, Fonk discloses that the module includes a passive radio-frequency identification (RFID) module {at least paras. [0004] and [0022] describe a passive RFID module that is responsive to the tilt detection assembly}.
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.
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 3-4, 7, and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fonk in view of Peter.
In regard to claim 3, Fonk is not specific as to the characteristics of the capacitive sensors, and is not explicit that the capacitive sensor comprises a first conductive plate and a second conductive plate, the first and second conductive plates disposed proximate the first position.
However, such characteristics are well-known within the art of capacitive proximity sensors, as taught by Peter. Peter teaches a capacitance sensor circuit [capacitive sensor, abstract] wherein the capacitance sensor circuit comprises a first conductive plate [touch plate] and a second conductive plate [ground plate] positioned proximate the first position [shown in Fig. 1, touch plate faces the sensing location as it is the active sensing area (col. 3 lines 22 -54)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Peter’s capacitive proximity sensor in Fonk’s capacitance sensor circuit in order to better increase the sensing capabilities of a capacitive proximity sensing device, as taught by Peter {col. 1 line 54 – col. 2 line 28}.
In regard to claim 4, Fonk further teaches that the mass comprises a conductive mass {para. [0032] describes the mass as a metal object for use in a capacitive sensing system}.
In regard to claim 7, Fonk is not specific as to the characteristics of the capacitive sensors, and is not explicit that at least one conductive plate is positioned proximate to the first position and biased towards the mass when the mass is in the first position.
However, such characteristics are well-known within the art of capacitive proximity sensors, as taught by Peter. Peter teaches a capacitance sensor circuit [capacitive sensor, abstract] wherein the capacitance sensor circuit comprises at least one conductive plate [touch plate] positioned proximate the first position [shown in Fig. 1, touch plate faces the sensing location as it is the active sensing area (col. 3 lines 22 -54)] and biased towards the mass when the mass is in the first position [touch plate would be biased towards the active sensing area so it can detect the presence of an object (col. 2 lines 7-24}].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Peter’s capacitive proximity sensor in Fonk’s capacitance sensor circuit in order to better increase the sensing capabilities of a capacitive proximity sensing device, as taught by Peter {col. 1 line 54 – col. 2 line 28}.
In regard to claim 10, Fonk is not specific as to the characteristics of the capacitive sensors, and is not explicit that the capacitive sensor comprises a first conductive plate and a second conductive plate, the first and second conductive plates disposed proximate the first position.
However, such characteristics are well-known within the art of capacitive proximity sensors, as taught by Peter. Peter teaches a capacitance sensor circuit [capacitive sensor, abstract] wherein the capacitance sensor circuit comprises a first conductive plate [touch plate] and a second conductive plate [ground plate] positioned proximate the first position [shown in Fig. 1, touch plate faces the sensing location as it is the active sensing area (col. 3 lines 22 -54)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Peter’s capacitive proximity sensor in Fonk’s capacitance sensor circuit in order to better increase the sensing capabilities of a capacitive proximity sensing device, as taught by Peter {col. 1 line 54 – col. 2 line 28}.
In regard to claim 11, Fonk further teaches that the mass comprises a conductive mass {para. [0032] describes the mass as a metal object for use in a capacitive sensing system}.
In regard to claim 12, Fonk is not specific as to the characteristics of the capacitive sensors, and is not explicit that at least one conductive plate is positioned proximate to the first position and biased towards the mass when the mass is in the first position.
However, such characteristics are well-known within the art of capacitive proximity sensors, as taught by Peter. Peter teaches a capacitance sensor circuit [capacitive sensor, abstract] wherein the second portion [touch plate] is positioned proximate the first position [shown in Fig. 1, touch plate faces the sensing location as it is the active sensing area (col. 3 lines 22 -54)] and biased towards the mass when the mass is in the first position [touch plate would be biased towards the active sensing area so it can detect the presence of an object (col. 2 lines 7-24}].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Peter’s capacitive proximity sensor in Fonk’s capacitance sensor circuit in order to better increase the sensing capabilities of a capacitive proximity sensing device, as taught by Peter {col. 1 line 54 – col. 2 line 28}.
In regard to claim 13, Fonk teaches a tilt indicator [tilt indicator, abstract], comprising: a tilt detection assembly {tilt detection assembly, para. [0002]} including a mass {mass member, para. [0003]} movable from a first position in response to a tilt event {para. [0003] describes a tilt event where the mass member moves from connected to switch circuitry to disconnected from switch circuitry}; a capacitance sensor circuit disposed proximate the first position {para. [0032] describes an embodiment of the tilt detection assembly that includes a capacitive proximity sensor configured to indicate when the mass member is in a receptacle} with a first and second conductive plate [plates 134A and 134B] spaced apart from each other [shown in Figs. 2 and 4] and having a portion thereof disposed coplanar with each other [shown in Figs. 2 and 4, the top surfaces of the plates are coplanar]; and a module and logic integrated with and/or executable by the module {shown in Fig. 3, logic described in para. [0024]}, the module coupled to the capacitance sensor circuit {described in para. [0022]}, the module configured to, when energized: power the capacitance sensor circuit {para. [0022] describes that the power to the tilt indicator is provided by an RFID reader via radio waves}; determine a capacitance value from the capacitance sensor circuit {para. [0032] describes the capacitive proximity sensor(s) detecting the presence or absence of the mass member}; and output an indication of an actuation state of the tilt indicator based on the capacitance value {para. [0032} describes that the state of sensor may be detected by the RFID module such that a value output or emitted by RFID module changes to indicate an activated status of the tilt indicator}.
Although Fonk describes a first and second conductive plate and their respective geometries, Fonk is not explicit as to the positioning of the plates in respect to their position of multiple positions of the mass.
However, such characteristics are well-known within the art of capacitive proximity sensors, as taught by Peter. Peter teaches a capacitance sensor circuit [capacitive sensor, abstract] wherein the capacitance sensor circuit comprises a first conductive plate [touch plate] and a second conductive plate [ground plate] positioned proximate the first position [shown in Fig. 1, touch plate faces the sensing location as it is the active sensing area (col. 3 lines 22 -54)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Peter’s capacitive proximity sensor in Fonk’s capacitance sensor circuit in order to better increase the sensing capabilities of a capacitive proximity sensing device, as taught by Peter {col. 1 line 54 – col. 2 line 28}.
In regard to claim 14, Fonk is not specific as to the characteristics of the capacitive sensors, and is not explicit that at least one conductive plate is positioned proximate to the first position and biased towards the mass when the mass is in the first position.
However, such characteristics are well-known within the art of capacitive proximity sensors, as taught by Peter. Peter further teaches that the capacitance sensor circuit comprises at least one conductive plate [touch plate] positioned proximate the first position [shown in Fig. 1, touch plate faces the sensing location as it is the active sensing area (col. 3 lines 22 -54)] and biased towards the mass when the mass is in the first position [touch plate would be biased towards the active sensing area so it can detect the presence of an object (col. 2 lines 7-24}].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Peter’s capacitive proximity sensor in Fonk’s capacitance sensor circuit in order to better increase the sensing capabilities of a capacitive proximity sensing device, as taught by Peter {col. 1 line 54 – col. 2 line 28}.
In regard to claim 15, Fonk further teaches that the capacitance value comprises a first capacitance value when the mass is in the first position {mass in receptacle, para. [0032]}, and wherein the capacitance sensor circuit is configured to output a second capacitance value when the mass is in the second position {mass exiting receptacle causes a change in signal from the capacitive proximity sensor(s), para. [0032]}.
In regard to claim 16, Fonk further teaches that the module includes a passive radio-frequency identification (RFID) module {at least paras. [0004] and [0022] describe a passive RFID module that is responsive to the tilt detection assembly}, and further comprising an arming mechanism {arming element, para. [0004]}, wherein removal or displacement of the arming mechanism places the tilt indicator in an activated state {described in para. [0004]}.
In regard to claim 17, Fonk teaches that the first and second conductive plates 134A and 134B are positioned to limit contact of the mass 38 with the portions 34A and 34B, and that plates 34A and 34B can be configured to be the conductive elements para. [0013], which would prevent the mass from closing an electrical gap between the conductive plates.
Fonk is not specific as to the characteristics of the capacitive sensors and is not explicit that the portions 134A and 134B of the first and second conductive plates comprises a non-conductive layer.
However, such characteristics are well-known within the art of capacitive proximity sensors, as taught by Peter. Peter further that the capacitance sensor circuit comprises at least one conductive plate of the first and second conductive plates comprises a non-conductive layer [Fig. 1 shows the touch plate and the ground plate having insulators].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Peter’s capacitive proximity sensor in Fonk’s capacitance sensor circuit in order to better increase the sensing capabilities of a capacitive proximity sensing device, as taught by Peter {col. 1 line 54 – col. 2 line 28}, and because at least two conductive plates separated by a non-conductive layer is the basic structure of a capacitor.
In regard to claim 18, Fonk is not specific as to the characteristics of the capacitive sensors, and is not explicit that the non-conductive layer is disposed on a surface of the at least one conductive plate facing the mass.
However, such characteristics are well-known within the art of capacitive proximity sensors, as taught by Peter. Peter further teaches that the capacitance sensor circuit has a non-conductive layer that is disposed on a surface of the at least one conductive plate facing the mass [insulator 30 between the sensing location and the touch plate 25 shown in Fig. 1].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Peter’s capacitive proximity sensor with an insulating layer on a surface of a touch plate in Fonk’s capacitance sensor circuit in order to better protect the touch plate, as taught by Peter [col. 3 lines 47-54].
In regard to claim 19, Fonk is not specific as to the characteristics of the capacitive sensors, and is not explicit that the non-conductive layer comprises a non-conductive film applied to at least a portion of a surface of the at least one conductive plate.
However, such characteristics are well-known within the art of capacitive proximity sensors, as taught by Peter. Peter further teaches that the capacitance sensor circuit’s non-conductive layer is a non-conductive film applied to at least a portion of a surface of the at least one conductive plate [col. 3 line 66 - col. 4 line 3 describe a variety of non-conductive insulating layers, such as styrene and polyethylene; both styrene and polyethylene are commonly produced as films, therefore it would be obvious to use a non-conductive plastic layer in film form – Fig. 1 shows that insulator 30 is film-shaped and is applied to a surface of the touch plate 25].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Peter’s capacitive proximity sensor with a film insulating layer on a surface of a touch plate in Fonk’s capacitance sensor circuit in order to better protect the touch plate, as taught by Peter [col. 3 lines 47-54].
In regard to claim 20, Fonk further teaches that the module is configured to power the capacitance sensor circuit when energized by a remote wireless reader device {para. [0022] describes that the power to the tilt indicator is provided by an RFID reader via radio waves, Fig. 3 shows that the capacitive proximity sensor 110 is part of the tilt indicator}.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takeuchi (US 6442855 B2), Ueno (US 6988321 B2), and Mollmer (US 20100000104 A1) are all related to proximity sensors and their respective structures of elements.
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 DANIEL QUINN whose telephone number is (571)272-2690. The examiner can normally be reached T-R 07:00-19:00, F 07:00-11:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOHN BREENE can be reached at (571)272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL M QUINN/Examiner, Art Unit 2855
/NATALIE HULS/Primary Examiner, Art Unit 2855
Prosecution Insights