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 .
Election/Restrictions
Applicant's election with traverse of Group I, Species I-Figure 2, Species II-Figure 3; Species III-Figure 27, Species IV-Figure 29, and Species V-Auxiliary capacitors are equal in the reply filed on 17 July 2026 is acknowledged. The traversal is on the ground(s) that there would be no search and/or examination burden on the Examiner, and that the Examiner has not provided evidence that different classification searches regarding structural aspects and associated functionality. This is not found persuasive because the Applicant did not refute the Examiner’s statements regarding different classifications (which is clearly disclosed in the restriction between the two grouped inventions), nor did the Applicant point to the differing structural aspects and associated functionality in the instant species Figures identified that they are obvious variants of one another. As such, claims 15-20 are withdrawn from consideration. Furthermore, claim 4 is also withdrawn from consideration as being directed to the non-elected species of the auxiliary capacitors being different from each other.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 10 September 2021. It is noted, however, that applicant has not filed a certified copy of the 2021-148131 application as required by 37 CFR 1.55.
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.
Claim(s) 1 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. 2020/0150071 to Bez. Bez discloses electrostatic capacity sensor (300) (see entire reference, in particular Fig. 5 and associated text) including: a sensor (310) comprising a first electrode and a second electrode constituting a capacitor (Crh); and an electrostatic capacity detection circuit that is connected to the sensor, wherein the electrostatic capacity detection circuit comprises: a charge and discharge circuit that is connected to the first electrode and the second electrode, and that is configured to charge and discharge the capacitor, a control circuit configured (320, 322) to control the charge and discharge circuit such that the capacitor repeatedly charges and discharges (see paras 0022, 0027, 0054), and an auxiliary capacity circuit comprising a first auxiliary capacitor (Cref) connected to the first electrode in parallel with the capacitor, or a second auxiliary capacitor connected to the second electrode in parallel with the capacitor (as recited in instant independent claim 1); a processing circuit/microcontroller (320) configured to calculate an electrostatic capacity of the capacitor based on a time of charging and discharging of the capacitor by the electrostatic capacity detection circuit (see paras 0009, 0015, 0022, 0045, 0047, 0052 and 0054) (as recited in instant dependent claim 14).
Claim(s) 1 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. 2006/0006883 to Foote. Foote discloses electrostatic capacity sensor (see entire reference, in particular Fig. 1 and associated text) including: a sensor comprising a first electrode and a second electrode constituting a capacitor (20); and an electrostatic capacity detection circuit (10) that is connected to the sensor, wherein the electrostatic capacity detection circuit comprises: a charge and discharge circuit that is connected to the first electrode and the second electrode, and that is configured to charge and discharge the capacitor, a control circuit configured (10) to control the charge and discharge circuit such that the capacitor repeatedly charges and discharges (see paras 0011, 0025), and an auxiliary capacity circuit comprising a first auxiliary capacitor (40, 50) connected to the first electrode in parallel with the capacitor, or a second auxiliary capacitor connected to the second electrode in parallel with the capacitor (as recited in instant independent claim 1); a processing circuit (10) configured to calculate an electrostatic capacity of the capacitor based on a time of charging and discharging of the capacitor by the electrostatic capacity detection circuit (see paras 0009-0017, 0027, 0030, 0038, 0042, 0045, 0047, 0049-0058, 0079, 0080) (as recited in instant dependent claim 14).
Allowable Subject Matter
Claims 2-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure include U.S. 2018/0299397 to Yamada et al. and U.S. 2007/0210807 to Arisaka which both disclose an auxiliary capacitor connected in parallel to the electrodes of sensing capacitor. 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
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