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 .
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.
Response to Amendment
The amendments filed on 01/13/2026 have been fully considered and are made of record.
Claims 1, 7-9, 11, 15, 17, 19-20 have been amended.
Claim 21 has been newly added.
Response to Arguments
Applicant's arguments filed on 01/13/2026 have been fully considered but they are not persuasive.
Regarding 102 rejection, applicant argued that “Claims 1 and 11 are directed to a novel and inventive system and method for detecting moisture or wetness of an article. In particular, a sensor is provided with a controller/method that operates the sensor in a specific, novel and inventive manner as described in more detail below. The controller/method of operation includes: " charging the sensor for a first period of time; " discharging the sensor for a second period of time;" and then subsequently measuring an output of the sensor (while neither being actively charged or actively discharged). One of the important features therefore of the claimed invention, is that the sensor is not being actively discharged (nor actively charged) at the time the measurement of the sensor output is made. This distinguishes the present invention from Xu”. Examiner respectfully disagrees.
Xu teaches charging sensor from T1 to T2 and discharging sensor from T2 to T4 in Fig. 11, subsequently measuring output of sensor V10 and V11 at time T10 and T11 and at time T10 to T11 the capacitor no longer being actively charged nor discharged in Fig. 11.
Therefore the rejection stands.
Applicant argued that “Xu discloses a controller that actively charges and discharges a sensor: "By the periodic charging and discharging operations, a series of peak value voltage V data information changing with the time can be obtained. In an actual application, charging and discharging operations can be performed once per second, i.e., the capacitance value of the absorbent article 10 presented between the electrodes 12 is detected once per second, therefore, the monitoring on the wet condition of the absorbent article is realized per second." (Paragraph [0163] - Xu).
Accordingly, it is clear that Xu relates to measuring the capacitance of the 'composite- wet' sensor by analyzing the charging characteristics of the sensor while being charged/discharged by the charging unit 23 (See paras [0144], [0149], and [0161] - Xu). In particular, the respective peak and trough voltages are analyzed in order to predict the level of wetness”. Examiner respectfully disagrees.
Xu teaches charging sensor from T1 to T2 and discharging sensor from T2 to T4 in Fig. 11, subsequently measuring output of sensor V10 and V11 at time T10 and T11 and at time t10 to T11 capacitor no longer being actively charged nor discharged in Fig. 11.
Therefore the rejection stands.
Applicant argued that “With the claim feature "discharg[ing] the sensor for second period of time," the controller discharges the charged sensor for a second period of time, immediately before the output of the sensor is measured. In effect, therefore the output of the sensor being measured in the present novel claims represents the way in which the environment around the article re-charges the (at least partially) actively discharged sensor plates, which are not being actively discharged or connected to an active power source (voltage) at the time. This is not what the cited Xu discloses or teaches. Further, the highly capacitive structure(s) taught as essential in Xu is not suitable as a sensor in the present invention. The present invention operates with lower capacitance, and accordingly is more sensitive as a moisture sensor, because small changes are not masked (i.e. hidden) by the relatively high capacitance of the sensor”. Examiner respectfully disagrees.
Xu teaches charging sensor from T1 to T2 and discharging sensor from T2 to T4 in Fig. 11, subsequently measuring output of sensor V10 and V11 at time T10 and T11 and at time t10 to T11 capacitor no longer being actively charged nor discharged in Fig. 11.
Furthermore, In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “the controller discharges the charged sensor for a second period of time, immediately before the output of the sensor is measured. In effect, therefore the output of the sensor being measured in the present novel claims represents the way in which the environment around the article re-charges the (at least partially) actively discharged sensor plates, which are not being actively discharged or connected to an active power source (voltage) at the time; lower capacitance, and accordingly is more sensitive as a moisture sensor, because small changes are not masked (i.e. hidden) by the relatively high capacitance of the sensor”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Therefore applicant’s arguments regarding 102 rejection are not persuasive.
Therefore the rejection stands.
Claim Rejections - 35 USC § 102
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) 1-3, 6-11 and 14-21 are rejected under 35 U.S.C. 102(a1) as being anticipated by Xu et al. (Pub NO. US 2017/0258643 A1; hereinafter Xu).
Regarding Claim 1, Xu teaches a system for detecting or sensing moisture or wetness of an article to which the system is attached (system in Fig. 7-Fig. 13; See [0150]-[0170]), the system comprising:
a controller or processor (processor 28 in Fig. 13),
a sensor (sensor 10 in Fig. 7-Fig. 12), the sensor being configured to store an electrical charge, and wherein the electrical charge storing capacity of the sensor is based on the moisture or wetness of the article (See [0162]-[0163]),
wherein the controller is configured to:
charge the sensor for a first period of time (charge sensor 21 in first period of time T0 to T2 in Fig. 11B; See [0160]-[0166]), and after the first period of time actively at least partially discharge the sensor for a second period of time (after time T2 actively discharge sensor 21 from time T2 to T4 in fig. 11B; See [0160]-[0166]), and
subsequently and while the sensor is no longer being actively charged nor actively discharged (after T4 sensor 21 no longer actively charged or discharged from T10 toT11 in Fig. 11; See [0163-[0164], [0171]), measure an output of the sensor, (measure output of sensor 21 V10 and V11 at time T10 to T11 after being actively charged and actively discharged in fig. 11B; ; See [0171]),
wherein the controller is configured to determine an output of the sensor indicative of the moisture or wetness of the article based on the measured output of the sensor (based on output voltage of V10 to V11 from time T10 to T11 controller determines saturation and saturation is for moisture in Fig. 11; See [0164]-[0171]).
Regarding Claim 2, Xu teaches the system of claim 1, wherein the sensor comprises a first and a second plate separated by a dielectric layer (it is inherent property that capacitor C has first plate and second plate separated by dielectric in fig. 10; Se [0160]), and wherein the controller is configured to after the first period of time actively at least partially discharge the sensor by connecting the first and the second plate to substantially the same potential (controller connected capacitor C same potential by connecting switch 24 in Fig. 10; See [0163]).
Regarding Claim 3, Xu teaches the system of claim 1, wherein the sensor comprises one or more plates (sensor 21 has two plates in Fig. 10; See [0160]) and wherein when seen in a projection on a plane including the second plate, the shape of the projection of the first plate on the plane is substantially complementary with the shape of the second plate (two plates of 21 are same in Fig. 10), and first plate and second plate are spaced at a distance (d) (there is a distance between the plates of 21 in Fig. 10).
Regarding Claim 6, Xu teaches the system of claim 1, wherein the sensor is discharged through a known resistance (discharge switch 24(K) has resistance in Fig. 10; See [0163]).
Regarding Claim 7, Xu teaches the system of claim 1, wherein the output of the sensor is measured by an analog to digital converter (or via a voltage divider circuit) (analog to digital converter 27 in Fig. 13).
Regarding Claim 8, The system of claim 1, wherein said measurement of an output of the sensor occurs at a predetermined time (measurement of output V10 to V11 occurs at predetermined time from T10 to T11 in Fig. 11; See [0171]).
Regarding Claim 9, Xu teaches the system of claim 1, wherein the system comprises one or more switches, or one or more transistors configured to be controlled by said processor to charge and/or discharge the sensor (controller controls switch 24(K) to charge/discharge sensor 21 in fig. 10; See [0163]).
Regarding Claim 10, Xu teaches the system of claim 1, wherein the output indicative of the moisture or wetness of the article is further based on an initial base-line measurement (initial baseline is V0; See [0165]).
Regarding Claim 11, Xu teaches a processor implemented method for detecting or sensing moisture or wetness of an article (a processor implemented method in Fig. 7-Fig. 13; See [0150]-[0170]), the method comprising:
charging a sensor having one or more plates for a first period of time, and after the first period of time (charging sensor 21 in first period of time T0 to T2 in Fig. 11B; See [0160]-[0166]),
partially discharging the sensor for a second period of time (after time T2 partially discharge sensor 21 from time period T2 to T3 in fig. 11B; See [0160]-[0166]), and subsequently, and while the sensor is no longer being actively charged not actively discharged (measure output of sensor 21 V10 and V11 at time T10 to T11 after being actively charged and actively discharged in fig. 11B; ; See [0171]), measuring an output of the sensor (measure output of sensor 21 V10 and V11 at time T10 to T11 after being actively charged and actively discharged in fig. 11B; ; See [0171]), and
determining an output indicative of the moisture or wetness of the article based on the measured output of the sensor (based on output voltage of V10 and V11 controller determines saturation and saturation is for moisture in Fig. 11; See [0164]-[0170]).
Regarding Claim 14, Xu teaches the method of claim 11, wherein the sensor is discharged through a known resistance (discharge switch 24(K) has resistance in Fig. 10; See [0163]).
Regarding Claim 15, Xu teaches the method of claim 11, wherein the output of the sensor is measured via an analog to digital converter (or via a voltage divider circuit) (analog to digital converter 27 in Fig. 13).
Regarding Claim 16, Xu teaches the method of claim 11, wherein the processor is interfaced and/or connected to at least one memory element (processor 48/28 has memory in Fig. 13).
Regarding Claim 17, Xu teaches the method of claim 11, wherein one or more switches, or one or more transistors, are configured to be controlled by said processor to charge and/or discharge the sensor (controller controls switch 24(K) to charge/discharge sensor 21 in fig. 10; See [0163]).
Regarding Claim 18, Xu teaches the method of claim 11, wherein the output indicative of the moisture or wetness of the article is further based on an initial base-line measurement (initial baseline is V0; See [0165]).
Regarding Claim 19, Xu teaches the method of claim 11, wherein the output indicative of the moisture or wetness of the article is based on a comparison between a first derivative of the output of the sensor and/or a second derivate of the output of the sensor (first derivative is voltage V10 at time T10 in fig. 11; See [0165]).
Regarding Claim 20, Xu teaches the method of claim 19, wherein an event signal is generated in response to the first derivative and/or second derivate satisfying a predetermined threshold (threshold is 70%-90% of V0; See [0165]).
Regarding Claim 21, Xu teaches the method of claim 11, wherein said measurement of an output of the sensor occurs at a predetermined time (measurement of output V10 to V11 occurs at predetermined time from T10 to T11 in Fig. 11; See [0171]).
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.
Claim(s) 4-5 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Xu.
Regarding Claim 4, Xu teaches the system of claim 1, wherein the first period of time (See charging time in Fig. 11; See [0161]-[0162]), but Xu is silent about is: a) about 2 µs, b) about 5 µs, c) about 10 µs, d) about 20 µs, or e) about 30 µs.
It would have been obvious to one having ordinary skill in the art at the time of the invention was made to use first time period is: a) about 2 µs, b) about 5 µs, c) about 10 µs, d) about 20 µs, or e) about 30 µs, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980), in order to effectively measure capacitor voltage.
Regarding Claim 5, Xu teaches the system of claim 1, wherein the second period of time (See discharging time in Fig. 11; See [0161]-[0162]), but Xu is silent about is about 7 µs.
It would have been obvious to one having ordinary skill in the art at the time of the invention was made to use first time period is about 7 µs, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980), in order to effectively measure capacitor voltage.
Regarding Claim 12, Xu teaches the method of claim 11, wherein the first period of time (See charging time in Fig. 11; See [0161]-[0162]), but Xu is silent about is: a) about 2 µs, b) about 5 µs, c) about 10 µs, d) about 20 µs, or e) about 30 µs.
It would have been obvious to one having ordinary skill in the art at the time of the invention was made to use first time period is: a) about 2 µs, b) about 5 µs, c) about 10 µs, d) about 20 µs, or e) about 30 µs, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980), in order to effectively measure capacitor voltage.
Regarding Claim 13, Xu teaches the method of claim 11, wherein the second period of time (See discharging time in Fig. 11; See [0161]-[0162]), but Xu is silent about is about 7 µs.
It would have been obvious to one having ordinary skill in the art at the time of the invention was made to use first time period is about 7 µs, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980), in order to effectively measure capacitor voltage.
Conclusion
THIS ACTION IS MADE FINAL. 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 ZANNATUL FERDOUS whose telephone number is (571)270-0399. The examiner can normally be reached Monday through Friday 8am to 5pm (PST).
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/ZANNATUL FERDOUS/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858