Prosecution Insights
Last updated: August 17, 2026
Application No. 18/893,453

SYSTEM AND TECHNIQUE FOR DETECTING CLEANING CHEMICAL USAGE TO CONTROL CLEANING EFFICACY

Final Rejection §103
Filed
Sep 23, 2024
Priority
Oct 08, 2020 — provisional 63/089,227 +2 more
Examiner
PREVIL, DANIEL
Art Unit
2685
Tech Center
2600 — Communications
Assignee
Ecolab USA Inc.
OA Round
2 (Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
1348 granted / 1571 resolved
+23.8% vs TC avg
Moderate +12% lift
Without
With
+12.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
36 currently pending
Career history
1597
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
55.6%
+15.6% vs TC avg
§102
9.6%
-30.4% vs TC avg
§112
16.0%
-24.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1571 resolved cases

Office Action

§103
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 . 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. Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Christensen et al. (US 8,269,193) in view of Jin et al. (US 2023/0109612). Regarding claim 1, Christensen discloses a method (abstract) comprising: detecting, via a sensor operatively connected to a reservoir containing a cleaning chemical (sensor attached to a reservoir in col. 5, lines 25-30), addition of a cleaning implement to the reservoir cleaning products in col. 6, lines 23- 33); in the reservoir based on detected addition of the cleaning implement to the reservoir (col. 5, lines 20-37; col. 6, lines 16-39). Christensen discloses all the limitations set forth above but fails to explicitly disclose tracking, via a controller, a time to expiration of the cleaning chemical; and issuing a user alert, via a user interface, when a tracked time of the cleaning chemical reaches an expiration time. However, Jin discloses tracking, via a controller (computing device 495 in page 21, [0166]), a time to expiration of the cleaning chemical (page 21, [0168]) ; and issuing a user alert, via a user interface, when a tracked time of the cleaning chemical reaches an expiration time (page 21, [0169]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was first filed to incorporate the features of Jin within the system of Christensen in order to track, monitor and clean activities of the room thereby increasing the reliability of the system. Regarding claim 2, Christensen discloses wherein detecting addition of the cleaning implement to the reservoir comprises discriminating a detected change to the cleaning chemical not associated with addition of the cleaning implement to the reservoir (col. 5, lines 20-67; col. 6, lines 1-39). Regarding claim 3, Christensen discloses wherein the cleaning implement is a rag or a sponge (cleaning products in col. 6, lines 23-37). Regarding claim 4, Christensen and Jin disclose all the limitations set forth in claim 1 and Jin further discloses wherein tracking the time to expiration comprises at least one of: starting a timer upon addition of the cleaning implement to the reservoir; and reducing an amount of time to expiration for the cleaning chemical (page 21, [0168-0169]). Regarding claim 5, Christensen discloses wherein the cleaning chemical is at least one of a sanitizing agent and a detergent (col. 6, line 23). Regarding claim 6, Christensen discloses wherein the sensor is a pressure sensor (optical measuring in col. 4, lines 45-46). Regarding claim 7, Christensen discloses wherein the pressure sensor comprises a fluid port positioned adjacent a bottom surface of the reservoir and a conduct extending out of the reservoir for communicating a pressure signal (col. 5, lines 20-38). Regarding claim 8, Christensen discloses wherein the user interface is operatively connected to the reservoir (col. 5, line 30). Regarding claim 9, Christensen discloses wherein: the reservoir comprises a bottom wall and an upwardly-extending sidewall, at least a portion of the sensor is contained within a housing, and the housing is attached to the upwardly-extending sidewall (fig. 7; col. 5, lines 20-38). Regarding claim 10, Christensen discloses wherein the housing defines a slot, and the slot is positioned over an edge of the upwardly-extending sidewall to attach the housing to the upwardly-extending sidewall (fig. 7; col. 5, lines 20-38). Regarding claim 11, Christensen discloses wherein the reservoir is a bucket (fig. 7). Regarding claim 12, Christensen discloses wherein the user interface comprises one or both of a speaker and a light (light in col. 1, lines 36-50). Regarding claim 13, Christensen discloses wherein the expiration time is within a range from 30 minutes to 4 hours (time clock in col. 8, line 58). Allowable Subject Matter Claims 14-20 would be allowed if the double patenting rejection overcome. The following is a statement of reasons for the indication of allowable subject matter: In combination with all the limitations in the claims, the prior arts fail to teach or make obvious: filling a reservoir with a cleaning chemical; introducing a cleaning implement into the reservoir, wherein introducing the cleaning implement into the reservoir causes a sensor operatively coupled to the reservoir to detect at least one of movement of the cleaning chemical and a pressure change of the cleaning chemical in response to the cleaning implement being introduced into the reservoir; and upon reaching an expiration time of the cleaning chemical determined based on detected addition of the cleaning implement to the reservoir, receiving a user alert. Response to Arguments Applicant's arguments filed on 4/14/2026 have been fully considered but they are not persuasive. In response to applicant's argument that Christensen is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, claim 1 states only “ a method” in the preamble, Christensen further discloses chemical solution, automatic ware-washing (col. 6, lines 16-39); therefore Christensen is indeed analogous to the claimed invention. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Christensen and Jin are directed to the same field of endeavor, therefore, the combination is indeed proper. For at least the above reason, the rejection of claims 1-13 is sustained. 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Klainer et al. (US 4,892,383) discloses reservoir fiber optic chemical sensors. O'Brien (US 2019/0389716) discloses level sensing apparatus. Ott et al. (US 10,624,992) discloses human airway engineering. Tokhtuev et al. (US 8,373,140) discloses fluorometric sensor. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL PREVIL whose telephone number is (571)272-2971. The examiner can normally be reached Monday-Friday from 9:30 AM -6:00 PM. 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 If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Wang Quan-Zhen can be reached at 571 272 3114. The 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. DP July 2, 2026 /DANIEL PREVIL/ Primary Examiner, Art Unit 2685
Read full office action

Prosecution Timeline

Sep 23, 2024
Application Filed
Nov 14, 2025
Non-Final Rejection mailed — §103
Apr 14, 2026
Response Filed
Jul 07, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
86%
Grant Probability
98%
With Interview (+12.1%)
2y 1m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1571 resolved cases by this examiner. Grant probability derived from career allowance rate.

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