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 without traverse of Group I, claims 1-10 and 19-20 in the reply filed on 30 July 2026 is acknowledged.
Claims 11-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 30 July 2026.
Claim Objections
Claim 4 is objected to because of the following informalities:
As to claim 4: Line 4 of the claim recites “value based on the presence the capacitive plates” and is grammatically incorrect. It appears from context that Applicant instead intended the line to recite –value based on the presence of the capacitive plates-- and could constitute a possible correction.
Appropriate correction is required.
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.
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 1, 2, 7, 8, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Milone US Pat 8,966,973 B1 (hereafter Milone), prior art of record as indicated on the IDS filed 3 July 2024 in view of Kawaguchi et al. US PG-PUB 2013/0269431 A1 (hereafter Kawaguchi).
As to claim 1: Milone teaches a fluid level sensor (see col. 1, lines 13-19), comprising:
a flexible substrate (not labeled but see col. 3, lines 34-37 regarding the flexible substrate);
a continuous sensor plate coupled to the flexible substrate (not labeled but see col. 3, lines 34-37 regarding the capacitive pattern formed by immersion with copper or other metals);
a sensor array (2; see fig. 1 and col. 2, lines 41-45) positioned parallel to the continuous sensor plate (see fig. 1), wherein the sensor array comprises three or more capacitive plates in a linear alignment (see fig. 1 regarding the multiple capacitive plates interdigitated and formed by the sensor array 2 and conductors 3);
a component array (3, 5, and 6; see fig. 1 and col. 2, lines 51-60) positioned parallel to the continuous sensor plate (see fig. 1), wherein the component array comprises three or more components in a linear alignment (see fig. 1), wherein each of the components corresponds with one of the capacitive plates (each of the components are associated with a part of the plates formed by the combination of the sensor array 2 and the conductors 3).
Milone does not explicitly teach:
a continuous ground plate coupled to the flexible substrate and positioned parallel to the continuous sensor plate.
However, Kawaguchi teaches a continuous ground plate (12; see figs. 1a and 1b as well as ¶ 28) positioned parallel to a continuous sensor plate (9 and 9a; see figs. 1a and 1b as well as ¶ 27).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Milone to include a continuous ground plate coupled to the flexible substrate and positioned parallel to the continuous sensor plate because such a construction is an art recognized means of detecting an electrostatic capacity of a liquid in a tank by allowing for detection of said capacity between a detecting and ground electrode, such as suggested in ¶ 30 and 31 of Kawaguchi. Additionally, such a ground can also be utilized to improve detection accuracy of Milone’s device because of the spacing between the ground plate and sensing electrodes, such as further suggested in ¶ 59 of Kawaguchi.
As to claim 2: Milone as modified by Kawaguchi teaches the fluid level sensor of claim 1, wherein the fluid level sensor is adapted to be trimmed into a removed portion and a remaining trimmed fluid level sensor (see Milone col. 1, lines 40-45).
As to claim 7: Milone as modified by Kawaguchi teaches the fluid level sensor of claim 1, wherein the flexible substrate is a printed circuit board (see Milone col. 1, lines 30-33).
As to claim 8: Milone as modified by Kawaguchi teaches the fluid level sensor of claim 1, wherein the continuous sensor plate (not labeled but see Milone col. 3, lines 34-37 regarding the capacitive pattern formed by immersion with copper or other metals) has an elongated linear shape running from an upper end of the flexible substrate to a lower end of the flexible substrate (see fig. 1a of Milone; in the combination of Milone and Kawaguchi, the continuous sensor plate will have an elongated linear shape running from an upper end of the flexible substrate to a lower end of the flexible substrate in accordance with the structure and design of the capacitive components depicted therein), and wherein the continuous sensor plate is composed of copper (see Milone col. 3, lines 30-37);
wherein the continuous ground plate has an elongated linear shape running from the upper end of the flexible substrate to the lower end of the flexible substrate (see fig. 1a of Milone; in the combination of Milone and Kawaguchi, the continuous ground plate will have an elongated linear shape running from an upper end of the flexible substrate to a lower end of the flexible substrate in accordance with the structure and design of the capacitive components depicted therein), and wherein the continuous ground plate is composed of copper (see Milone col. 3, lines 30-37); and
wherein the capacitive plates (see Milone fig. 1 regarding the multiple capacitive plates interdigitated and formed by the sensor array 2 and conductors 3) are composed of copper (see Milone col. 3, lines 30-37).
As to claim 19: Milone teaches a fluid level sensor (see col. 1, lines 13-19), comprising:
a substrate (not labeled but see col. 3, lines 34-37 regarding the substrate);
a continuous sensor plate coupled to the substrate (not labeled but see col. 3, lines 34-37 regarding the capacitive pattern formed by immersion with copper or other metals);
a sensor array (2; see fig. 1 and col. 2, lines 41-45) positioned parallel to the continuous sensor plate (see fig. 1), wherein the sensor array comprises three or more capacitive plates in a linear alignment (see fig. 1 regarding the multiple capacitive plates interdigitated and formed by the sensor array 2 and conductors 3);
a component array (3, 5, and 6; see fig. 1 and col. 2, lines 51-60) positioned parallel to the continuous sensor plate (see fig. 1), wherein the component array comprises three or more components in a linear alignment (see fig. 1), wherein each of the components corresponds with one of the capacitive plates (each of the components are associated with a part of the plates formed by the combination of the sensor array 2 and the conductors 3).
Milone does not explicitly teach:
a continuous ground plate coupled to the substrate and positioned parallel to the continuous sensor plate.
However, Kawaguchi teaches a continuous ground plate (12; see figs. 1a and 1b as well as ¶ 28) positioned parallel to a continuous sensor plate (9 and 9a; see figs. 1a and 1b as well as ¶ 27).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Milone to include a continuous ground plate coupled to the substrate and positioned parallel to the continuous sensor plate because such a construction is an art recognized means of detecting an electrostatic capacity of a liquid in a tank by allowing for detection of said capacity between a detecting and ground electrode, such as suggested in ¶ 30 and 31 of Kawaguchi. Additionally, such a ground can also be utilized to improve detection accuracy of Milone’s device because of the spacing between the ground plate and sensing electrodes, such as further suggested in ¶ 59 of Kawaguchi.
As to claim 20: Milone as modified by Kawaguchi teaches the fluid level sensor of claim 19, wherein the fluid level sensor is adapted to be trimmed into a remove portion and a remaining trimmed fluid level sensor (see Milone col. 1, lines 40-45).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Milone US Pat 8,966,973 B1 (hereafter Milone), prior art of record as indicated on the IDS filed 3 July 2024 in view of Kawaguchi et al. US PG-PUB 2013/0269431 A1 (hereafter Kawaguchi) as applied to claim 1 above, and further in view of Bellina et al. US PG-PUB 2025/0003784 A1 (hereafter Bellina).
As to claim 4: Milone as modified by Kawaguchi teaches all of the limitations of the claimed invention as described above regarding claim 1, including a continuous sensor plate (not labeled but see Milone col. 3, lines 34-37 regarding the capacitive pattern formed by immersion with copper or other metals) and capacitive plates (see Milone fig. 1 regarding the multiple capacitive plates interdigitated and formed by the sensor array 2 and conductors 3), but does not explicitly teach:
a continuous compensating reference plate positioned parallel to the continuous sensor plate, wherein the continuous compensating reference plate is to determine a compensating reference value based on the presence of the capacitive plates.
However, Bellina teaches a continuous compensating reference plate (106; see fig. 1 and ¶ 52) parallel to a continuous sensor plate (110; see fig. 1 and ¶ 52), wherein the continuous compensating reference plate (106) is to determine a compensating reference value based on the presence of the capacitive plates (see ¶ 52).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Milone to include a continuous compensating reference plate positioned parallel to the continuous sensor plate, wherein the continuous compensating reference plate is to determine a compensating reference value based on the presence of the capacitive plates because such a construction is an art recognized means of achieving the useful and predictable result of measuring liquid levels by capacitance utilizing capacitive plates located at fixed positions relative to fluids in a container, such as suggested in ¶ 54 and 55 of Bellina, and thus could allow for further improved detection of liquid levels in a volume without requiring physically contacting the fluid inside the container in which the fluid is stored.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Milone US Pat 8,966,973 B1 (hereafter Milone), prior art of record as indicated on the IDS filed 3 July 2024 in view of Kawaguchi et al. US PG-PUB 2013/0269431 A1 (hereafter Kawaguchi) as applied to claim 1 above, and further in view of Landatxe Zugarramurdi et al. US PG-PUB 2024/0426646 A1 (hereafter Landatxe).
As to claim 5: Milone as modified by Kawaguchi teaches all of the limitations of the claimed invention as described above regarding claim 1, including a flexible substrate with an outer surface and an opposite inner surface (not labeled but see Milone col. 3, lines 34-37 regarding the flexible substrate), and a continuous sensor plate (not labeled but see Milone col. 3, lines 34-37 regarding the capacitive pattern formed by immersion with copper or other metals), but does not explicitly teach:
a shielding layer located on an outer surface of the flexible substrate that is opposite an inner surface of the flexible substrate where the continuous sensor plate is located, and wherein the shielding layer is composed of copper.
However, Landatxe teaches a shielding layer (not labeled but see ¶ 30 regarding the disclosed shielding plate) located on an outer surface of a flexible substrate that is opposite an inner surface of the flexible substrate (see ¶ 30), and wherein the shielding layer is composed of copper (see ¶ 15).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Milone to include a shielding layer located on an outer surface of the flexible substrate that is opposite an inner surface of the flexible substrate where the continuous sensor plate is located, and wherein the shielding layer is composed of copper because such a construction can allow for the dual benefit of preventing coupling between an electrode and a fluid medium while also physically protecting and shielding a circuit board layer from damage, such as suggested in ¶ 55 of Landatxe. Accordingly, such a modification would provide the above described benefits to Milone’s device to both ensure proper electrical operation and also protecting components therein from physical damage.
Allowable Subject Matter
Claims 3, 6, 9, and 10 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.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 3: The prior art of record does not disclose or render obvious to the skilled artisan a fluid level sensor comprising a flexible housing encompassing the flexible substrate and a trimmable indicator located on the flexible housing, and (emphasis added) wherein the trimmable indicator is located between a first pair of the capacitive plates and the components and a second pair of the capacitive plates and the components, when considered in combination with the limitations of parent claims 1 and 2.
In particular, while Milone as modified by Kawaguchi is considered to teach the features of the claimed invention as set forth in claim 2 and it is known from the prior art to teach a flexible housing encompassing a flexible substrate (see, for example, Mehlhorn US PG-PUB 2005/0158177 A1 ¶ 72), there is no disclosure therein nor in any of the other cited prior art that renders obvious the trimmable indicator being located on (emphasis added) the flexible housing and (emphasis added) wherein the trimmable indicator is located between a first pair of the capacitive plates and the components and a second pair of the capacitive plates and the components, when considered in combination with the limitations of parent claims 1 and 2.
As to claim 6: The prior art of record does not disclose or render obvious to the skilled artisan a fluid sensor comprising a capacitance to digital converter located on the outer surface of the flexible substrate in a gap formed in the shielding layer, when considered in combination with the limitations of parent claims 1 and 5.
As to claim 9: The prior art of record does not disclose or render obvious to the skilled artisan a fluid level sensor wherein each of the components is a discrete resistor, when considered in combination with the limitations of parent claim 1.
In particular, while Milone is considered to teach a component array that comprises three or more components in a linear alignment (see fig. 1 regarding elements 3, 5, and 6 as well as details in col. 2, lines 51-60), there is no disclosure, teaching, suggestion, or motivation to modify Milone such that each (emphasis added) of the components is a discrete resistor, when considered in combination with the limitations of parent claim 1.
As to claim 10: The prior art of record does not disclose or render obvious to the skilled artisan a fluid level sensor wherein a top plate of the capacitive plates comprises a dry reference sensor and wherein a bottom plate of the capacitive plates comprises a wet reference sensor, when considered in combination with the other limitations of the instant claim and those of parent claim 1.
In particular, while Milone is considered to already disclose a plurality of capacitive plates with a dedicated trace (see the interdigitated pattern of capacitors in Milone fig. 1A) and it is known from the prior art to utilize a wet/dry sensor in conjunction with a capacitive sensor (see, for example, Pang et al. US PG-PUB 2023/0394696 A1 ¶ 24), there does not appear to be a disclosure or teaching, suggestion, motivation available in the prior art that renders obvious the top plate of the capacitive plates comprising a dry reference sensor and a bottom plate of the capacitive plates comprising a wet reference sensor when considered in combination with the other limitations of claim 10 and with those of parent claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M ROYSTON whose telephone number is (571)270-7215. The examiner can normally be reached M-F 8-4:30 E.S.T..
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/JOHN M ROYSTON/Examiner, Art Unit 2855
