DETAILED ACTION
For this Office action, Claims 1-9, 11 and 13-23 are pending. Claims 10 and 12 have been canceled.
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, see Applicant Arguments/Remarks Made in an Amendment, filed 06 July 2026, regarding the rejections of claims 1-9, 11 and 13-23 under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, new grounds of rejection are made in view of 35 U.S.C. 103 using Fritze (US Pat Pub. 2006/0027267) as a secondary reference. Applicant has amended the claims in a manner that overcomes the teachings and suggestions of the cited prior art of the previous Office action; therefore upon further consideration, the grounds of rejection have been withdrawn. Please consult the Applicant Arguments/Remarks Made in an Amendment filed 06 July 2026 for more detail on why said grounds of rejection are withdrawn. After further search and consideration, however, new grounds of rejection are made and detailed below. Since the arguments do not address these new grounds of rejection, said arguments are now considered moot and will not be further addressed at this time.
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.
Claims 1-9, 11, 13-18 and 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Krause et al. (herein referred to as “Krause”, US Pat Pub. 2012/0144855) in view of Fritze (US Pat Pub. 2006/0027267).
Regarding instant Claim 1, Krause discloses an appliance (Abstract; Figure 1; Paragraph [0023]; refrigerator 100 with water dispenser 146) comprising:
one or more sensors having a first portion and a second portion ((Figure 11; Paragraph [0062]; module 810 comprises paddle wheel 819, which may be considered a first portion of the sensor compared to magnet 822),
a water cartridge removable coupled to the appliance, wherein the water cartridge includes at least the first portion of one or more sensors (Figure 3; Figure 11; Paragraph [0048]; Paragraph [0059]; Paragraph [0062]; see cartridge of filter assembly 800 may be connected to refrigerator 100 via manifold 400; see flow meter 811); and
wherein the first portion and the second portion of the one or more sensors generate a signal representative of a volume of water flowing through the water cartridge (Figure 11; Paragraph [0062]; Paragraph [0063]; flow meter 811 with paddle wheel and magnet create signal).
However Krause is silent on a remaining portion of the appliance including the second portion of the one or more sensors.
Fritze discloses systems and methods for detecting and eliminating leaks in water deliver systems for use with appliances in the same field of endeavor as the instant application, as it solves the mutual problem of proving flow sensors for water filtration systems (Abstract). Fritze further discloses a flow sensor that has first and second portions, wherein one portion of the flow sensor remains on an appliance instead of the internal water system in order to check the flow rate downstream of the internal water system in order to check for consistency (Paragraph [0037]; Paragraph [0062]; appliance 300; internal water system 302; paddle wheel sensor 314 and 356a).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the second portion of the one or more sensors of Krause by placing the second potion in the remaining portion of the appliance as taught by Fritze because Fritze discloses such a location for the second portion allows the system to check the flow rate downstream of the internal water system in order to check for consistency (Fritze Paragraph [0037]; Paragraph [0062]; appliance 300; internal water system 302; paddle wheel sensor 314 and 356a).
Regarding instant Claim 2, Claim 1, upon which Claim 2 is dependent, has been rejected above. Krause further discloses a dispensing valve in downstream fluid communication with the water cartridge to control dispensing of water (Figure 1; Paragraph [0023]; water dispenser 146).
Regarding instant Claim 3, Claim 1, upon which Claim 3 is dependent, has been rejected above. Krause further discloses comprising a controller coupled to the first portion and the second portion of the one or more sensors and the dispensing valve to dispense water and to determine a volume of water dispensed through the dispensing valve based at least in part upon the signal representative of the volume of water flowing through the water cartridge (Paragraph [0026]; Paragraph [0062]; Paragraph [0063]; see microprocessor tasked with controlling all refrigerator functions, along with controller 826 which connects to display to determine status based on flow of water through flow meter 811, paddle wheel 819 serves to determine volume flowing through filter).
Regarding instant Claim 4, Claim 1 upon which Claim 4 is dependent, has been rejected above. Krause further discloses wherein the first portion of the one or more sensors is a rotor and wherein the second potion of the one or more sensors senses a flow rate of the rotor (Krause, Figure 11; Paragraph [0062]; module 810 comprises paddle wheel 819/rotor, which may be considered a first portion of the sensor compared to magnet 822 that detects rotation of rotor).
Regarding instant Claim 5, Claim 1, upon which Claim 5 is dependent, has been rejected above. Krause further discloses wherein the water cartridge is a water filter (Abstract; water filter assembly).
Regarding instant Claim 6, Claim 1, upon which Claim 6 is dependent, has been rejected above. Krause further discloses wherein the one or more sensors are only positioned in the water cartridge (Figure 11; Paragraph [0062]; flow meter 811 is in assembly 800).
Regarding instant Claim 7, Claim 1, upon which Claim 7 is dependent, has been rejected above. The combined references further disclose wherein the second portion of the one or more sensors is positioned in a refrigerator cartridge head assembly (Krause, Figure 1; Figure 11; Paragraph [0023]; Paragraph [0062]; see refrigerator 100).
Regarding instant Claim 8, Claim 7, upon which Claim 8 is dependent, has been rejected above. Krause further discloses wherein at least one of the first portion and/or the second portion is electrically connected to the appliance (Figure 1; Paragraph [0062]; see battery, electric displays, also refrigerator 100 is electrically connected in general).
Regarding instant Claim 9, Krause discloses a water cartridge for an appliance (Abstract; Figure 1; Figure 11; Paragraph [0023]; Paragraph [0062]; refrigerator 100 with filter assembly 800) comprising:
a housing (Figure 11; Paragraph [0062]; secondary module 810);
and a flow sensor having a first portion and a second portion (Figure 11; Paragraph [0062]; module 810 comprises paddle wheel 819, which may be considered a first portion of the sensor compared to magnet 822), wherein the housing incudes the first portion of the flow sensor, and wherein the first portion and the second portion
wherein the housing includes the first portion of the one or more sensors (Figure 3; Figure 11; Paragraph [0048]; Paragraph [0059]; Paragraph [0062]; see cartridge of filter assembly 800 may be connected to refrigerator 100 via manifold 400; see flow meter 811); and wherein the first portion and the second portion of the one or more sensors is configured to generate a signal representative of a volume of water flowing through the water cartridge (Figure 11; Paragraph [0062]; Paragraph [0063]; flow meter 811 with paddle wheel and magnet create signal).
However Krause is silent on a remaining portion of the appliance including the second portion of the one or more sensors.
Fritze discloses systems and methods for detecting and eliminating leaks in water deliver systems for use with appliances in the same field of endeavor as the instant application, as it solves the mutual problem of proving flow sensors for water filtration systems (Abstract). Fritze further discloses a flow sensor that has first and second portions, wherein one portion of the flow sensor remains on an appliance instead of the internal water system in order to check the flow rate downstream of the internal water system in order to check for consistency (Paragraph [0037]; Paragraph [0062]; appliance 300; internal water system 302; paddle wheel sensor 314 and 356a).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the second portion of the one or more sensors of Krause by placing the second potion in the remaining portion of the appliance as taught by Fritze because Fritze discloses such a location for the second portion allows the system to check the flow rate downstream of the internal water system in order to check for consistency (Fritze Paragraph [0037]; Paragraph [0062]; appliance 300; internal water system 302; paddle wheel sensor 314 and 356a).
is integrated in the housing (Figure 11; Paragraph [0062]; paddle wheel 819 of flow meter 811 is within module 810).
Regarding instant Claim 11, Claim 10, upon which Claim 11 is dependent, has been rejected above. Krause further discloses wherein a refrigerator cartridge head assembly of a refrigerator cartridge head assembly includes the second portion of the flow sensor (Krause, Figure 1; Figure 11; Paragraph [0023]; Paragraph [0062]; see refrigerator 100).
Regarding instant Claim 13, Claim 9, upon which Claim 13 is dependent, has been rejected above. Krause further discloses wherein the water cartridge is a water filter (Abstract; water filter assembly).
Regarding instant Claim 14, Claim 9, upon which Claim 14 is dependent, has been rejected above. Krause further discloses wherein the housing includes one or more electrical connectors configured to electrically communicate with an appliance electrical connector (Figure 1; Paragraph [0062]; wires connect to battery, display, remote locations).
Regarding instant Claim 15, Claim 9, upon which Claim 15 is dependent, has been rejected above. Krause further discloses wherein the first portion and the second portion of the flow sensor generates a signal representative of a volume of water exiting an outlet of the water cartridge (Figure 11; Paragraph [0062]; Paragraph [0063]; paddle wheel 819 and sensor 820; paddle wheel provides volume).
Regarding instant Claim 16, Claim 9, upon which Claim 16 is dependent, has been rejected above. Krause further discloses comprising a first end and an opposing second end, wherein the first end includes a coupler configured to be releasably connected to a refrigerator cartridge head assembly of a refrigerator (Figure 3; Figure 11; Paragraph [0048]; Paragraph [0059]; Paragraph [0062]; see cartridge of filter assembly 800 may be connected to refrigerator 100 via manifold 400, first end is end with coupler second end opposes said first).
Regarding instant Claim 17, Claim 16, upon which Claim 17 is dependent, has been rejected above. Krause further discloses wherein the opposing second end of the water cartridge includes a cartridge head assembly (Figure 3; Figure 11; Paragraph [0048]; Paragraph [0059]; Paragraph [0062]; see also cartridge in Figure 11).
Regarding instant Claim 18, Krause discloses a method of dispensing water in an appliance (Abstract; Figure 1; method of using an appliance with a water dispenser), comprising:
actuating a dispensing valve in fluid communication with an outlet of a water cartridge to control dispensing of water from a dispenser (Figure 1; Figure 3; Figure 11; Paragraph [0023]; Paragraph [0048]; Paragraph [0059]; Paragraph [0062]; water dispenser 146 downstream of filter assembly 800);
with a first sensor disposed at least partially in the water cartridge, generating a first signal representative of a volume of water exiting the outlet of the water cartridge (Figure 11; Paragraph [0062]; flow meter 811); and
with a controller, determining a volume of water dispensed through the dispensing valve using the first signal from the first sensor disposed in the water cartridge (Paragraph [0026]; Paragraph [0062]; Paragraph [0063]; see microprocessor tasked with controlling all refrigerator functions, along with controller 826 which connects to display to determine status based on flow of water through flow meter 811, paddle wheel 819 serves to determine volume flowing through filter).
However Krause is silent on a remaining portion of the appliance including the second portion of the one or more sensors.
Fritze discloses systems and methods for detecting and eliminating leaks in water deliver systems for use with appliances in the same field of endeavor as the instant application, as it solves the mutual problem of proving flow sensors for water filtration systems (Abstract). Fritze further discloses a flow sensor that has first and second portions, wherein one portion of the flow sensor remains on an appliance instead of the internal water system in order to check the flow rate downstream of the internal water system in order to check for consistency (Paragraph [0037]; Paragraph [0062]; appliance 300; internal water system 302; paddle wheel sensor 314 and 356a).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the second portion of the one or more sensors of Krause by placing the second potion in the remaining portion of the appliance as taught by Fritze because Fritze discloses such a location for the second portion allows the system to check the flow rate downstream of the internal water system in order to check for consistency (Fritze Paragraph [0037]; Paragraph [0062]; appliance 300; internal water system 302; paddle wheel sensor 314 and 356a).
is integrated in the housing (Figure 11; Paragraph [0062]; paddle wheel 819 of flow meter 811 is within module 810).
Regarding instant Claim 20, Claim 18, upon which Claim 20 is dependent, has been rejected above. Krause further discloses wherein the remaining portion of the appliance that the first sensor is at least partially disposed in a refrigerator cartridge head assembly of the appliance (Krause, Figure 1; Figure 11; Paragraph [0023]; Paragraph [0062]; see refrigerator 100).
Regarding instant Claim 21, Claim 18, upon which Claim 21 is dependent, has been rejected above. Krause further discloses wherein the water cartridge is a water filter (Abstract; water filter assembly).
Regarding instant Claim 22, Claim 18, upon which Claim 22 is dependent, has been rejected above. Krause further discloses comprising providing a display on the appliance and displaying the determined volume of water dispensed through the dispensing valve on the display disposed on at least one of a housing and/or a door of the appliance (Figure 1; Figure 11; Paragraphs [0062]-[0064]; status of filter/volume flowed through said filter is displayed via display/user interface 148).
Regarding instant Claim 23, Claim 18, upon which Claim 23 is dependent, has been rejected above. Krause further discloses wherein the appliance is a refrigerator (Figure 1; Paragraph [0023]; refrigerator 100).
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Krause et al. (herein referred to as “Krause”, US Pat Pub. 2012/0144855) in view of Fritze (US Pat Pub. 2006/0027267) as applied to claim 18 above, and further in view of Pluta et al. (herein referred to as “Pluta”, US Pat Pub. 6354344).
Regarding instant Claim 19, Claim 18, upon which Claim 19 is dependent, has been rejected above. While Krause discloses functions when the determined volume of water dispensed through the dispensing valve reaches a predetermined volume (Paragraph [0064]; see short textual messages or red LED), the reference is silent on controlling the dispensing valve to discontinue dispensing fluid at the predetermined volume.
Pluta discloses an automatic shutoff device for filtered bottled water dispenser in the same field of endeavor as the instant application, as it solves the mutual problem of dispensing water via an appliance (Abstract). Pluta further discloses a controller that controls a dispensing valve to discontinue dispensing fluid at a predetermined volume to prevent unfiltered water to flow through the dispenser (Col. 2, Lines 13-52).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the controller and the dispensing valve of Krause to further comprise controlling the dispensing valve to discontinue dispensing fluid at the predetermined volume as taught by Pluta because Pluta discloses such control prevents unfiltered water to flow through the dispenser (Pluta, Col. 2, Lines 13-52).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Astle, US Pat Pub. 2006/0060512 discloses a fluid treatment system with similar cartridge configuration. Note that part of the sensors stay on the appliance/flow line and not the cartridge (Figure 1; Paragraph [0032]; Paragraph [0055]; see pressure transducer 32 and flow meter 34).
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 RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at (571) 272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 08/03/2026
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