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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 21 October 2024 and 28 August 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-5 and 8-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re claim 4, claim line 6: Is this “a” wall surface the same wall surface previously recited in claim 4, claim line 3?
Re claim 8, claim line 7: Is this “a” impurity the same impurity previously recited in claim 8, claim line 2?
Re claim 8, claim line 7: Is this “a” microorganism the same microorganism previously recited in claim 8, claim line 2?
Re claim 8, claim line 8: Is this “a” biofilm the same biofilm previously recited in claim 8, claim line 3?
Re claim 9, claim line 9: Is this “a” tank the same tank previously recited in claim 9, claim line 3?
Re claim 9, claim line 10: Is this “a” impurity the same impurity previously recited in claim 9, claim line 3?
Re claim 9, claim line 10: Is this “a” microorganism the same microorganism previously recited in claim 9, claim line 4?
Re claim 9 claim line 11: Is this “a” biofilm the same biofilm previously recited in claim 9, claim line 5?
NOTE: Claim 5 is rejected based on its dependence from claim 4.
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 1-3 and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over JP 11-271133 (Masaichi).
With respect to the limitations of claim 1, Masaichi disclose a water level sensor, comprising:
a first electrode (L0) installed at a first height in a tank (20) that stores water (system holds a liquid level sensor containing a first electrode (L0) at a first height in a tank for use in detecting water level within the tank (20) - paragraphs [0001] and [0037- 0047] and Figure 1);
a second electrode (L3) installed at a second height higher than the first height in the tank (20) (system holds the liquid level sensor containing a plurality of electrodes (L0 to L3), whereby the lengths of the electrode rods (L0, L1, L2, L3) are set to be sequentially longer and the tips therefore correspond to the level to be detected – paragraphs [0037-0047] and Figure 1); and
a controller (10) configured to detect that water reaches the second height through contact of the first electrode and the second electrode with water (water level control device (10) contains a water level detection unit (11), which determines which electrode rod (L0-L3) is currently connected based on a switching control signal in a detection signal generated by a detection signal generation unit (13) – paragraphs [0037-0047] and Figure 1).
With respect to the limitation of the water containing an impurity including a microorganism capable of forming a biofilm, the reference fails to expressly disclose this feature; however, the reference discloses that electrode holder and system using the same is used to measure the level of water and sewerage within the commercial buildings and sewage in sewage treatment facilities and water purification plants (paragraph [0001]). It is the position of the Examiner that sewage contains impurities including microorganism that are capable of creating a biofilm on the sewage; and that one of ordinary skill in the art at the time of filing would utilize a water level sensor to detect the level of water/sewage as a means of monitoring the level so that liquid levels can be controlled. Additionally, the Examiner argues that the level sensor utilized within Masaichi is capable of being used whether or not the water contains impurities including microorganisms capable of producing a biofilm. The water containing microorganism or having a biofilm does not alter the structural limitations of the water level sensor.
With respect to the limitations of claim 2, Masaichi further disclose a third electrode installed at a third height higher than the second height in the tank (system holds the liquid level sensor containing a plurality of electrodes (L0 to L3), whereby the lengths of the electrode rods (L0, L1, L2, L3) are set to be sequentially longer and the tips therefore correspond to the level to be detected – paragraphs [0037-0047] and Figure 1), wherein the controller detects that water reaches the third height through contact of the first electrode and the third electrode with water (water level control device (10) contains a water level detection unit (11), which determines which electrode rod (L0-L3) is currently connected based on a switching control signal in a detection signal generated by a detection signal generation unit (13) – paragraphs [0037-0047] and Figure 1).
With respect to the limitations of claim 3, Masaichi appears to further
disclose that the first electrode is fixed to be maintained at a predetermined position at the first height in the tank, and the second electrode is arranged in such a manner that the second electrode is not in contact with a member including the first electrode (system holds the liquid level sensor containing a plurality of electrodes (L0 to L3), whereby the lengths of the electrode rods (L0, L1, L2, L3) are set to be sequentially longer and the tips therefore correspond to the level to be detected – paragraphs [0037-0047] and Figure 1. The first and second electrodes do not appear to be in contact with each other – see Figure 1).
With respect to the limitation of claim 6, Masaichi further discloses a water level measuring instrument that measures a water level in the tank, wherein the controller corrects the water level measuring instrument based on the water level recognized in case the first electrode and the second electrode come into contact with water (water level controller (15) controls the water level based on the detection signals S1 to S3 so that the liquid level (23) of the water tank (20) is between the tip H3 of electrode rod L3 and the tip H2 of the electrode rod L2. If the level drops below H3, the water supply device (21) is driven to add water to the tank (20) – paragraph 0047 and Figure 1) In this example, the first electrode (L0) and the second electrode (L3) are in contact with water.
With respect to the limitation of claim 7, Masaichi further discloses a water level measuring instrument that measures a water level in the tank, wherein the controller corrects the water level measuring instrument based on the water level recognized in case the first electrode and the third electrode come into contact with water (water level controller (15) controls the water level based on the detection signals S1 to S3 so that the liquid level (23) of the water tank (20) is between the tip H3 of electrode rod L3 (second electrode) and the tip H2 of the electrode rod L2 (third electrode). If the level drops below H3, the water supply device (21) is driven to add water to the tank (20) – paragraph 0047 and Figure 1) In this example, the first electrode (L0) and the third electrode (L2) are in contact with water.
With respect to the limitations of claim 8, Masaichi discloses a water storage tank configured to store water, comprising:
a water level sensor, wherein the water level sensor comprises,
a first electrode (L0) installed at a first height in a tank (20) that stores water (system holds a liquid level sensor containing a first electrode (L0) at a first height in a tank for use in detecting water level within the tank (20) - paragraphs [0001] and [0037- 0047] and Figure 1)
a second electrode (L3) installed at a second height higher than the first height in the tank (20) (system holds the liquid level sensor containing a plurality of electrodes (L0 to L3), whereby the lengths of the electrode rods (L0, L1, L2, L3) are set to be sequentially longer and the tips therefore correspond to the level to be detected – paragraphs [0037-0047] and Figure 1), and
a controller (10) configured to detect that water reaches the second height through contact of the first electrode (L0) and the second electrode (L3) with water (water level control device (10) contains a water level detection unit (11), which determines which electrode rod (L0-L3) is currently connected based on a switching control signal in a detection signal generated by a detection signal generation unit (13) – paragraphs [0037-0047] and Figure 1).
With respect to the limitation of the water containing an impurity including a microorganism capable of forming a biofilm, the reference fails to expressly disclose this feature; however, the reference discloses that electrode holder and system using the same is used to measure the level of water and sewerage within the commercial buildings and sewage in sewage treatment facilities and water purification plants (paragraph [0001]). It is the position of the Examiner that sewage contains impurities including microorganism that are capable of creating a biofilm on the sewage; and that one of ordinary skill in the art at the time of filing would utilize a water level sensor to detect the level of water/sewage as a means of monitoring the level so that liquid levels can be controlled. Additionally, the Examiner argues that the level sensor utilized within Masaichi is capable of being used whether or not the water contains impurities including microorganisms capable of producing a biofilm. The water containing microorganism or having a biofilm does not alter the structural limitations of the water level sensor.
With respect to the limitations of claim 9, Masaichi discloses an apparatus, comprising:
a tank (20) configured to store water, wherein the tank is provided with a water level sensor, wherein the water level sensor comprises,
a first electrode (L0) installed at a first height in a tank that stores water (system holds a liquid level sensor containing a first electrode (L0) at a first height in a tank for use in detecting water level within the tank (20) - paragraphs [0001] and [0037- 0047] and Figure 1),
a second electrode (L3) installed at a second height higher than the first height in the tank (system holds the liquid level sensor containing a plurality of electrodes (L0 to L3), whereby the lengths of the electrode rods (L0, L1, L2, L3) are set to be sequentially longer and the tips therefore correspond to the level to be detected – paragraphs [0037-0047] and Figure 1), and
a controller (10) configured to detect that water reaches the second height through contact of the first electrode (L0) and the second electrode (L3) with water (water level control device (10) contains a water level detection unit (11), which determines which electrode rod (L0-L3) is currently connected based on a switching control signal in a detection signal generated by a detection signal generation unit (13) – paragraphs [0037-0047] and Figure 1).
With respect to the limitation of the water containing an impurity including a microorganism capable of forming a biofilm, the reference fails to expressly disclose this feature; however, the reference discloses that electrode holder and system using the same is used to measure the level of water and sewerage within the commercial buildings and sewage in sewage treatment facilities and water purification plants (paragraph [0001]). It is the position of the Examiner that sewage contains impurities including microorganism that are capable of creating a biofilm on the sewage; and that one of ordinary skill in the art at the time of filing would utilize a water level sensor to detect the level of water/sewage as a means of monitoring the level so that liquid levels can be controlled. Additionally, the Examiner argues that the level sensor utilized within Masaichi is capable of being used whether or not the water contains impurities including microorganisms capable of producing a biofilm. The water containing microorganism or having a biofilm does not alter the structural limitations of the water level sensor. Lastly, the term “circulating water treatment apparatus” is not being given any patentable weight as this term does not appear within the body of the claim. The claim is defined by the structure being claimed after the comprising term, which comprises a tank, first and second electrodes, and a controller.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Prior art was not relied upon to reject claims 4-5 because the prior art of record fails to teach and/or make obvious a first electrode fixed to a support member, and the second electrode is not fixed to the support member in combination with all of the remaining limitations of the claim and all of the limitations of the base claim and any and all intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art disclose various systems for measuring liquid level utilizing a plurality of electrode/sensors mounted at various heights and a controller to receive signals indicative of fluid height from the electrodes/sensors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Sweeney can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S LARKIN/Primary Examiner, Art Unit 2855
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