DETAILED CORRESPONDENCE
Acknowledgements
This office action is in response to the communication filed 4/27/2026.
Claims 1-2,5-11,13,15 and 17-24 are pending and have been examined.
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 .
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 5-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mashal et al. (US 20210277564 A1).
Re claim 1¸ Mashal discloses a method of operating a washing machine appliance (¶ [0001]), the method comprising:
flowing a wash liquid into or within the washing machine appliance (¶ [0025], [0027] flow of fluid/water), wherein flowing the wash liquid comprises opening a water valve (ref. 158 ¶ [0025], [0027], see also ¶ [0053] water valve), wherein the washing machine appliance comprises a controller (ref. 166), wherein opening the water valve comprises sending an open command from the controller to the water valve (¶ [0029] controller 166 operates the various components);
monitoring a sound with a microphone of the washing machine appliance during flowing the wash liquid (¶ [0033] microphone 180...used for monitoring sound waves), wherein monitoring the sound with the microphone of the washing machine appliance during flowing the wash liquid comprises activating the microphone by the controller concurrently with sending the open command (¶ [0006]-[0008], Abstract, claim 1 “monitoring sound generated during operation of the washing machine appliance”. RE “concurrently”, a microphone is a continuously activated/operated component in order to be in use. The broadest reasonable interpretation of "activating the microphone" includes "to make active" (https://www.merriam-webster.com/dictionary/activate) or to make "producing or involving action or movement" or "engaged in an action or activity" or "marked by present operation, transaction, movement, or use" (https://www.merriam-webster.com/dictionary/active). As such, the microphone be in use during operation is “activating the microphone by controller” concurrently with every operational step of the washing machine, including concurrently when opening the water valve.)
analyzing the monitored sound (¶ [0034], ¶ [0041]-[0050]); and
determining a status of a fluid circulation system of the washing machine appliance based on the analysis of the sound (¶ [0053] a water valve (e.g. dripping or stuck in the ON position…indicates a particular operating condition).
Re claim 2, wherein analyzing the sound comprises generating a spectrogram of the sound and analyzing the spectrogram of the sound with an image analysis technique (¶ [0034], ¶ [0041]-[0050] spectrogram…image recognition processes).
Re claims 5-6, wherein activating the microphone by the controller concurrently with sending the open command comprises activating the microphone for a predetermined recording time (¶ [0042]-[0043] “versus time”…”over time”). wherein the status of the fluid circulation system comprises a status of the water valve (¶ [0053] dripping or stuck in the ON position).
Re claims 7-8, wherein flowing the wash liquid comprises flowing the wash liquid through a conduit of the fluid circulation system (inherent, ¶ [0027]). wherein monitoring the sound during flowing the wash liquid comprises monitoring the sound at the conduit, and wherein the status of the fluid circulation system comprises a pressure within the conduit (¶ [0053] dripping or stuck ON, necessary includes determining there is pressure therein the conduit; see also ¶ [0003] diagnose mechanical failures).
Re claim 9, wherein determining the status of the fluid circulation system of the washing machine appliance based on the analysis of the sound comprises determining an abnormal status (¶ [0053], [0003] dripping or stuck ON…diagnose mechanical failures), further comprising providing a user notification in response to the abnormal status (¶ [0053] notification…via display).
Claim Rejections - 35 USC § 103
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 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.
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 10-11, 13, 15 and 17-24 are rejected under 35 U.S.C. 103 as being unpatentable over Mashal, as applied above, in view of Smith et al. (US 2023/0375991 A1)
Re claims 10-11, 13, 15 and 17-18, Independent claim 10 defines over claim 1 only in the recitation of a washing machine appliance comprising a cabinet, a fluid circulation system, and a controller, and a first sound, wherein the first monitored sound comprises one or more sounds occurring when the valve opens or is expected to open; a second sound, wherein the second monitored sound comprises sound at one or more of the first conduit and the second conduit.
Mashal discloses the washing machine (abstract), a cabinet (ref. 102 see fig. 1), a fluid circulation system (ref. 155, 158, 156, 154, to tub 124, to 142 to 154 OR to 146, 150, 148 ¶ [0022]-[0025]) comprising a first conduit outside of the cabinet (see fig. 2 portion of pipe from water supply 155 outside of ref. 102), a second conduit inside the cabinet (see fig. 2 portion of pipe from ref. 158 to 156), and a valve coupled between the first conduit and the second conduit (ref. 158), and a controller (¶ [0029]-[0030] controller 166), and
further discloses monitoring a second sound (sound is throughout duration of operation and the period (see ¶ [0042] any suitable duration of sound may be measured) after opening the valve satisfies “second”), wherein the second monitored sound comprises sound at one or more of the first conduit and the second conduit (inherent that the sound signature associated with” water valve dripping or stuck in the ON position” ¶ [0053] requires or includes sound at one of the first conduit and the second conduit, i.e. indicating water flow); and
analyzing the sounds (¶ [0034], ¶ [0041]-[0050]).
Mashal further discloses a first/another sound, wherein the first/another sound comprises one or more sounds occurring when a potential failure of a water valve (¶ [0053] “failure of one of these components”; see also ¶ [0003], [0034] diagnose mechanical failure…failure modes), but does not explicitly disclose the first monitored sounds comprises one or more sounds occurring when the valve opens or is expected to open. However, Smith discloses it is known in the cleaning machine art (abstract) to provide monitoring a first sound (¶ [0033] acoustic monitoring unit 180….acoustic data may include…sounds generated by one or more…internal valves….external valves….associated with operation of cleaning machine 100 (e.g., fresh water intake)), wherein the first monitored sounds comprises one or more sounds occurring when the valve opens or is expected to open (¶ [0073] one or more known types of machine faults or failures….low or no water fill (faulty valve)).
At the time of filing, it would have been obvious to one of ordinary skill in the art to modify the diagnosing mechanical failure of Mashal to further include one or more sounds occurring when the valve opens or is expected to open, i.e. faulty valve, as suggested by Smith, in order to detect valve failure leading to low or no water fill.
Claims 11, 13, 15 and 17-18, Claims 11, 13, 15 and 17-18 recite limitations rejected above, except as to analyzing the first and/or second sounds with image classification. Here, the duplication of the known analysis for multiple events/failure including image classification (Mashal ¶ [0045]-[0048] image classification technique) is prima facie obvious to one of ordinary skill in the art and are therefore satisfied by the combination.
Re claims 19-24¸Independent claim 19 reads as a method claim executing the controller operations of claim 10 and are therefore satisfied by the combination Mashal/Smith. Re claims 21-24, Mashal further discloses using an image classification technique (¶ [0045]-[0048] image classification technique); Smith or Mashal further discloses classifying a status of the valve as one of: opened; partially opened; or closed (Smith ¶ [0073] low or no water fill…faulty valve; see also Mashal ¶ [0053] failure or stuck in the ON position); wherein the status of the valve is classified as partially opened or closed, further comprising providing a valve malfunction user notification in response to classifying the valve status as partially opened or closed (Smith ¶ [0079]; Mashal ¶ [0053] notification); wherein analyzing the second spectrogram using the image classification technique comprises classifying a pressure within the one or more of the first conduit and the second conduit as one of: low water pressure; medium water pressure; or high water pressure (inherent in determination of no fill, dripping, low fill or stuck in ON, i.e. no pressure, low pressure, medium pressure, high water pressure); wherein the pressure within the one or more of the first conduit and the second conduit is classified as low water pressure or medium water pressure, further comprising providing a user notification that water flow or water pressure to the washing machine appliance has decreased in response to classifying the pressure as low water pressure or medium water pressure (Smith ¶ [0079]; Mashal ¶ [0053] notification; see also Smith ¶ [0073] low fill; Mashal ¶ [0053] dripping).
Response to Arguments
Applicant's arguments filed 4/27/2026 have been fully considered but they are not persuasive.
In response to Applicant's arguments that Mashal does not specifically address "concurrently [activating the microphone] [with sending the open command]", Examiner respectfully disagrees. A microphone is a continuously activated/operated component when in use. Here, the broadest reasonable interpretation of "activating the microphone" includes "to make active" (https://www.merriam-webster.com/dictionary/activate) or to make "producing or involving action or movement" or "engaged in an action or activity" or "marked by present operation, transaction, movement, or use" (https://www.merriam-webster.com/dictionary/active). As such, here in Mashal, the step of the controller recording sounds (including continuously recording during the operation of the washing machine ¶ [0006]-[0008], [0034]), and thus) during opening the valve ¶ [0027] (and during the time thereafter opening the valve) fully satisfies "to make...marked by present operation/use".
Applicant's arguments are attempting to define a discrete [or in claim 10 multiple discrete] event[s] that inherently occurs in the continuous activating/recording of/by the microphone and the continuous analysis of discrete portions of recording from said microphone in Mashal (see ¶ [0042] spectrogram is generated for “any suitable duration of sound”…”about 0.1 seconds and 10 seconds”). Simply labeling one or two periods of time during recording with the same analysis result of detecting flow or lack thereof in the pipe, does not define over the prior art.
Examiner highlights that "classifying an open/closed status of the valve" and "classifying a pressure level in one or more of the first conduit and the second conduit" are both satisfied by the same analysis of how much flow occurs inside the pipe (i.e. a mere relabeling of the classification or condition). Here, Mashal discloses determining whether a water valve is dripping or stuck in the ON position and/or the failure of [the water valve] component (¶ [0053]). To any extent Applicant's amended claims suggests "failure of the water valve to open at the time of sending the open command" and Mashal not explicitly stating the "failure" includes "failure to open" (Mashal explicitly teaches failure to close completely but only broadly teaches failure), Examiner has cited Smith.
In response to Applicant's arguments as to "predetermined recording time", Examiner respectfully disagrees. Masha specifically teaches that the sound analysis is made "versus time" and "over time" [0042]-[0043] and further "any suitable duration of sound may be measured at step 210)...the sound signal is between about 0.1 seconds and 10 seconds, between about 1 in 5 seconds, or about 3 second" [0042]. That is, the sound signal generated from the point of the valve opening for the duration of sound to be analyzed fully satisfies a "predetermined recording time" as recited.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20160335875A1 ultrasound transducers and receivers to detect flow characteristics
US20220155739A1 note slow fill detection from acoustics
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 KEVIN LEE whose telephone number is (571)270-7299. The examiner can normally be reached M-F 8:30am to 6:30pm.
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KEVIN G. LEE
Examiner
Art Unit 1711
/KEVIN G LEE/Examiner, Art Unit 1711
/MICHAEL E BARR/Supervisory Patent Examiner, Art Unit 1711
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