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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/24/2025 and 07/01/2025 were considered by the examiner.
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.
Claims 1-2, 4-7, 10-12, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ophardt et al. (US 2014/0217123 A1).
Regarding claim 1, Ophardt discloses a system comprising: a manually activated product dispenser (para. [0109]; Fig. 1, manually activated dispenser 12); and
an interface member that is positioned between the manually activated product dispenser and a support structure (para. [0108]; Fig. 1, interface 13 between dispenser 12 and support structure 11);
wherein the interface member comprises: a kinetic power generator (para. [0115]; Fig. 1, power generator 18); and
a communication device (para. [0118]; Fig. 1, communication device 48);
wherein the interface member is configured so that, on manual activation of the manually activated product dispenser, an activation force is transmitted to the kinetic power generator (para. [0116]; Fig. 2, manual actuation of lever 27 transmits activation force to the power generator through linkages 50 and 29);
wherein, on application of the activation force to the kinetic power generator, the kinetic power generator is configured to generate electrical power (para. [0116]);
wherein the communication device is activated by the electrical power generated by the kinetic power generator (para. [0118]; communication device 48 is powered by the generator through a capacitor); and
wherein, on activation, the communication device is configured to transmit a message (para. [0117]-[0018]; communication device 48 transmits information received from the counter 46 to the wireless receiver 68).
Regarding claim 2, Ophardt further discloses wherein the interface member comprises a mount for mounting the manually activated product dispenser to the support structure (para. [0108]; Fig. 1, interface 13 mounts the dispenser to the support structure by using screws not labeled).
Regarding claim 4, Ophardt further discloses wherein the manually activated product dispenser comprises a hand cleaning fluid dispenser (para. [0030]; product is hand cleaning fluid).
Regarding claim 5, Ophardt further discloses wherein the communication device comprises a radio-frequency (RF) device (para. [0118], [0182]; wireless communication; Wi-Fi, Bluetooth).
Regarding claim 6, Ophardt further discloses wherein the interface member is batteryless (para. [0117]; capacitor is used for providing power).
Regarding claim 7, Ophardt further discloses wherein the interface member is unconnected to an external electrical power supply (para. [0117]; generator and capacitor is used for providing power. No external power supply is used).
Regarding claim 10, Ophardt further discloses a receiver that receives the message transmitted by the communication device (para. [0118]; Fig. 2, receiver 68 and 69).
Regarding claim 11, Ophardt further discloses wherein the receiver is configured to determine a number of times that the manually activated product dispenser has been activated by counting the messages that are received from the communication device over time (para. [0155], [0179]; sensor unit 46 as being a counter which counts the number of times that the lever 27 is cycled. The determination can be made by a central remote controller that receives wirelessly transmitted stats data).
Regarding claim 12, Ophardt further discloses wherein the receiver is configured to determine a quantity of a product remaining in the manually activated product dispenser based at least in part on the number of times that the manually activated product dispenser has been activated (para. [0156], [0179]; The determination can be made by a central remote controller that receives wirelessly transmitted stats data).
Regarding claim 19, Ophardt discloses an interface member that is configured to be positioned between a manually activated product dispenser and a support structure (para. [0108]; Fig. 1, interface 13 between dispenser 12 and support structure 11);
wherein the interface member comprises: a kinetic power generator (para. [0115]; Fig. 1, power generator 18); and
a communication device (para. [0118]; Fig. 1, communication device 48);
wherein the interface member is configured so that, on manual activation of the manually activated product dispenser, an activation force is transmitted to the kinetic power generator (para. [0116]; Fig. 2, manual actuation of lever 27 transmits activation force to the power generator through linkages 50 and 29);
wherein, on application of the activation force to the kinetic power generator, the kinetic power generator is configured to generate electrical power (para. [0116]);
wherein the communication device is activated by the electrical power generated by the kinetic power generator (para. [0118]; communication device 48 is powered by the generator through a capacitor); and
wherein, on activation, the communication device is configured to transmit a message (para. [0117]-[0018]; communication device 48 transmits information received from the counter 46 to the wireless receiver 68).
Regarding claim 20, Ophardt discloses a manually activated product dispenser comprising: a kinetic power generator; and a communication device (para. [0109], [0119]; Fig. 1, manually activated dispenser 12);
wherein the manually activated product dispenser is configured so that, on manual activation of the manually activated product dispenser, an activation force is transmitted to the kinetic power generator (para. [0116]; Fig. 2, manual actuation of lever 27 transmits activation force to the power generator through linkages 50 and 29);
wherein, on application of the activation force to the kinetic power generator, the kinetic power generator is configured to generate electrical power (para. [0116]);
wherein the communication device is activated by the electrical power generated by the kinetic power generator (para. [0118]; communication device 48 is powered by the generator through a capacitor); and
wherein, on activation, the communication device is configured to transmit a message (para. [0117]-[0018]; communication device 48 transmits information received from the counter 46 to the wireless receiver 68).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Ophardt (US 2014/0217123 A1) in view of Hines et al. (US 20190335957 A1).
Regarding claim 3, Ophardt discloses all the limitations of claim 1. Ophardt does not characterize the interface member as comprising a platform.
Hines discloses dispenser interface member comprising a platform (para. [0085]-[0087], [0098]-[0099]; Fig. 2, platform 103).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the interface member of Ophardt and incorporate the teachings in Hines of an interface member with a platform configuration to provide a stable structural surface for supporting or positioning the dispenser (Hines: para. [0060]-[0061]).
Regarding claim 8, Hines discloses what Ophardt lacks, specifically, wherein the message includes an interface member identifier that identifies the interface member (para. [0105]; data transmitted includes unique identifier of dispenser assembly. The unique identifier identifies the particular assembly and its mounting/interface member from which the transmitted data originated).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ophardt’s transmitted message to include Hines’s unique identifier identifying the associated interface or mounting unit to associate each received message to the particular interface member that generated and transmitted the message. This modification would have predictably facilitated data association, usage tracking and maintenance scheduling.
Regarding claim 9, Hines discloses what Ophardt lacks, specifically, wherein the message includes a dispenser identifier that identifies the manually activated product dispenser (para. [0105], [0118]; data transmitted includes unique identifier of dispenser assembly).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ophardt’s transmitted message to include Hines’s unique identifier identifying the associated dispenser to associate each received message to the particular dispenser that generated and transmitted the message. This modification would have predictably facilitated data association, usage tracking and maintenance scheduling.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ophardt (US 2014/0217123 A1) in view of Freudenberg et al. (US 20140251006 A1).
Regarding claim 13, Ophardt discloses all the limitations of claim 1. Ophardt further discloses a variety of different sensors capable of determining whether product low conditions could be employed. Ophardt does not disclose the interface member further comprises: a moveable member that is moveable relative to the support structure between a first position and a second position;
a biasing member that biases the moveable member towards the first position; and
a switch that is communicatively linked to the communication device;
wherein the moveable member is configured to support a weight of the manually activated product dispenser, the weight of the manually activated product dispenser biasing the moveable member towards the second position;
wherein the moveable member moves towards the first position under the bias of the biasing member as the weight of the manually activated product dispenser decreases;
wherein the switch has a first state and a second state;
wherein the switch is configured to toggle between the first state and the second state as the moveable member moves between the first position and the second position;
wherein, when the moveable member is located at the first position, the switch is in the first state; wherein, when the moveable member is located at the second position, the switch is in the second state; and
wherein the message that is transmitted by the communication device includes information as to whether the switch is in the first state or in the second state.
Freudenberg discloses a product dispensing system wherein the interface member further comprises: a moveable member that is moveable relative to the support structure between a first position and a second position (para. [0032]; container holder 60 moves vertically upwards or downwards along tracks 64);
a biasing member that biases the moveable member towards the first position (para. [0034]; magnetic biasing member 110 biasing the movable container holder 60); and
a switch that is communicatively linked to the communication device (para. [0056]; contact switch activates an electrical circuit based on the positions of the first and second magnetic elements to generate a signal, e.g., out of product signal);
wherein the moveable member is configured to support a weight of the manually activated product dispenser, the weight of the manually activated product dispenser biasing the moveable member towards the second position (para. [0035]; product dispenser 14 supported on movable member 60, weight of dispenser biasing movable member downwards);
wherein the moveable member moves towards the first position under the bias of the biasing member as the weight of the manually activated product dispenser decreases (para. [0035]; when the weight of the product decreases the container holder 60 may start moving in an upward direction);
wherein the switch has a first state and a second state (para. [0057]; switch has first state "open" and second state "close");
wherein the switch is configured to toggle between the first state and the second state as the moveable member moves between the first position and the second position (para. [0057]; movable member actuates switch between first state and second state);
wherein, when the moveable member is located at the first position, the switch is in the first state; wherein, when the moveable member is located at the second position, the switch is in the second state (para. [0057], [0059]; movable member actuates switch between first state and second state); and
wherein the message that is transmitted by the communication device includes information as to whether the switch is in the first state or in the second state (para. [0056],[0059]; when a switch is activated a signal is transmitted. Transmission of a signal necessarily includes information whether the switch is in the first state or in the second state).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ophardt’s interface member to incorporate the teaching of Freudenberg’s weight responsive movable holder, upward biasing mechanism, and position responsive switch and to connect that switch to Ophardt’s controller and data communications unit. Ophardt seeks to monitor product low conditions, transmit a low product signal and contemplates various sensors for detecting low product conditions. One of ordinary skill in the art would be motivated to replace or supplement Ophardt’s indirect cycle-counting estimate with Freudenberg’s direct weight responsive detection to avoid errors caused by incomplete strokes, variable dispensing quantities and an improperly reset counter.
Regarding claim 14, Ophardt further discloses comprising a receiver that receives the message transmitted by the communication device (para. [0118]; Fig. 2, receiver 68 and 69 );
wherein the receiver is configured to determine if a quantity of a product contained in the manually activated product dispenser is below a threshold quantity based at least in part on the message received from the communication device (para. [0156], [0179]; The determination can be made by a central remote controller that receives wirelessly transmitted stats data).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ophardt (US 2014/0217123 A1) in view of Wegelin (US 20090145925 A1).
Regarding claim 15, Ophardt discloses all the limitations of claim 1. Ophardt further discloses the generated electrical energy may be used virtually simultaneously. Ophardt does not explicitly disclose that none of the electrical power generated by the kinetic power generator is stored between activations of the manually activated product dispenser.
Wegelin discloses a dispensing system with a power generation arrangement that can power an electronic device by pump activation, without the use of a battery, solar cell, or external power (para. [0009]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ophardt’s dispenser so none of the electrical power generated by the kinetic power generator is stored between activations of the manually activated product dispenser as taught by Wegelin to reduce device complexity by avoiding the addition of a power storage unit to the dispensing system. Doing so would also remove the need of battery or storage unit replacement that would consume additional manpower and cost.
Claim 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ophardt (US 2014/0217123 A1) in view of Freudenberg (US 20140251006 A1), and in further view of Wegelin (US 20090145925 A1).
Regarding claim 16, Ophardt further discloses the interface member is batteryless (para. [0117]; capacitor is used for providing power);
wherein the interface member is unconnected to an external electrical power supply (para. [0117]; generator and capacitor is used for providing power. No external power supply is used).
Wegelin further discloses what Ophardt and Freudenberg lack, specifically, wherein none of the electrical power generated by the kinetic power generator is stored between activations of the manually activated product dispenser (para. [0009]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ophardt’s dispenser so none of the electrical power generated by the kinetic power generator is stored between activations of the manually activated product dispenser as taught by Wegelin to reduce device complexity by avoiding the addition of a power storage unit to the dispensing system. Doing so would also remove the need of battery or storage unit replacement that would consume additional manpower and cost.
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ophardt (US 2014/0217123 A1) in view of Freudenberg (US 20140251006 A1), in further view of Wegelin (US 20090145925 A1), and in further view of Hines (US 20190335957 A1).
Regarding claim 17, Ophardt further discloses wherein the communication device comprises a radio-frequency (RF) device (para. [0118], [0182]; wireless communication; Wi-Fi, Bluetooth).
Hines discloses what the combination of Ophardt, Freudenberg, and Wegelin lacks, specifically, the message includes an interface member identifier that identifies the interface member (para. [0105]; data transmitted includes unique identifier of dispenser assembly. The unique identifier identifies the particular assembly and its mounting/interface member from which the transmitted data originated).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ophardt’s transmitted message to include Hines’s unique identifier identifying the associated interface or mounting unit to associate each received message to the particular interface member that generated and transmitted the message. This modification would have predictably facilitated data association, usage tracking and maintenance scheduling.
Regarding claim 18, Ophardt further discloses the interface member comprises a mount for mounting the manually activated product dispenser to the support structure (para. [0108]; Fig. 1, interface 13 mounts the dispenser to the support structure by using screws not labeled);
wherein the manually activated product dispenser comprises a hand cleaning fluid dispenser (para. [0030]; product is hand cleaning fluid).
Hines discloses what the combination of Ophardt, Freudenberg, and Wegelin lacks, specifically, the message includes a dispenser identifier that identifies the manually activated product dispenser (para. [0105], [0118]; data transmitted includes unique identifier of dispenser assembly).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ophardt’s transmitted message to include Hines’s unique identifier identifying the associated dispenser to associate each received message to the particular dispenser that generated and transmitted the message. This modification would have predictably facilitated data association, usage tracking and maintenance scheduling.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wegelin et al. (US 20180199765 A1) discloses a dispenser and an electronic sensor for detecting a change from a first amount of a fluid to a second amount of the fluid product in the dispenser. The weighing system comprises a vertically movable block, a biasing spring and a switch that changes state depending on a threshold amount of product remaining in the container. (para. [0046], [0070]-[0071]; Fig. 4, 11a-11b).
Freudenberg (US 20180127261 A1) discloses a dispenser for a consumable product that monitors remaining amount of product. It discloses a vertically moveable container and a biasing structure in the form of springs that biases the container holder upward. When an amount of product remaining in the container reaches a low level, the biasing force of the biasing structure will lift the container holder, causing the indicator to be aligned with a portion of the sign that gives a visual cue to a user that the amount of product remaining is at a low level (para. [0057]-[0062]; Figs. 1A-1D, 8-10).
Allen (US 5781942) discloses a weigh apparatus for a soap dispenser with a first support plate movably connected to a second support plate including a pressure switch. The system uses the weight of the soap container and the pressure applied to the switch to determine the fullness of the soap container. It also discloses a connection to a central computer for communicating the quantity of soap contained in the container ( col. 4, lines 25-42; Figs. 4-5).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEMESGEN M. MARU whose telephone number is (571)272-0039. The examiner can normally be reached Monday -Friday 8:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at (571)270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TEMESGEN M. MARU/Patent Examiner, Art Unit 3655
/JACOB S. SCOTT/Supervisory Patent Examiner, Art Unit 3655
