Prosecution Insights
Last updated: October 02, 2026
Application No. 19/052,585

METHOD AND APPARATUS FOR DETECTING PESTS USING LOW POWER CAPACITIVE SENSING

Non-Final OA §102§103
Filed
Feb 13, 2025
Priority
Feb 13, 2024 — provisional 63/552,881
Examiner
MAHONEY, CHRISTOPHER E
Art Unit
Tech Center
Assignee
Ecolab USA Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
905 granted / 1091 resolved
+23.0% vs TC avg
Moderate +12% lift
Without
With
+11.8%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
29 currently pending
Career history
1111
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
42.7%
+2.7% vs TC avg
§102
32.9%
-7.1% vs TC avg
§112
14.3%
-25.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1091 resolved cases

Office Action

§102 §103
DETAILED ACTION Information Disclosure Statement The information disclosure statement (IDS) submitted on May 18, 2026 has been considered by the examiner. Document US 12032114 B2 is unavailable/withdrawn and has not been considered. The document listing has been lined through on the IDS. If the applicant wants consideration of US 12032114 B2, a copy of the document should be provided by the applicnt in the next communication. 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, 3-5, 7, 11-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaye (GB2551053). Kaye teaches a pest detection device, comprising: a capacitive sensor 10 configured to detect a presence of one or more pests (¶¶1, 23-34) within a housing 110; one or more secondary sensors (timers) configured to detect one or more prescribed conditions; and a controller (memory, microporcessor or PC) connected to the capacitive sensor and the one or more secondary sensors, the controller configured to initiate calibration of the capacitive sensor based at least in part on one or more signals received from the one or more secondary sensors. (See ¶¶36, 50 and 98. The capacitive sensors recalibrate after the detection of a passage of a set amount of time.) Regarding claim 3, ¶118 teaches that wherein at least one of the one or more secondary sensors includes an infrared sensor. Regarding claims 4-5, ¶3 teaches that at least one of the one or more secondary sensors includes an environmental sensor including a temperature sensor. Regarding claim 7, the at least one of the one or more secondary sensors includes a watchdog timer. Regarding claim 11, ¶¶ 35, 37 and 99 teach a battery configured. to be used for calibration of the capacitive sensor is considered an intended use. However, since the battery is used to power the capacitor, it inherently is part of calibrating the capacitor. Regarding claim 12, the abstract and much of the specification teaches the controller is configured to detect capacitance changes using the capacitive sensor. Regarding claims 13-14, fig. 8 teaches the control may be via a computer which includes microprocessors and microcontrollers. Regarding claim 15, Kaye teaches detecting, using a capacitive sensor, a presence of one or more pests within a housing (abstract, ¶¶1, 23-34) ; detecting, using one or more secondary sensors (clock/timer), one or more prescribed conditions (passage of time); and initiating, using a controller connected to the capacitive sensor and the one or more secondary sensors, calibration of the capacitive sensor based at least in part on one or more signals received from the one or more secondary sensors. (See ¶¶36, 50 and 98. The capacitive sensors recalibrate after the detection of a passage of a set amount of time.) Regarding claim 16, the capacitive sensor is in a housing 110 for a pest detection device. Regarding claim 17, ¶32 teaches the microprocessor, which can be used to control the device, is in the housing. Regarding claim 18, at least a camera 180 is in the housing. See fig. 7 for example. Regarding claim 20, figs. 5A-5B teaches the capacitive sensor includes a plurality of independent capacitive sensors. 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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaye (GB2551053) in view of Kaufmann (U.S. Publication No. 20220394970). Kaye teaches the salient features of the claimed invention. Kaye teaches in ¶ that it was known to detect pressure. The following is presented to expedite prosecution. Kaye teaches the salient features of the claimed invention except for the one or more secondary sensors includes a mechanical sensor or switch. Kaufmann teaches in ¶20 that it was known to use a switch. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize the features of Kaufmann for the purpose of detecting opening of the housing. Claim(s) 6, 8, 9-10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaye (GB2551053) in view of Howard (U.S. Publication No. 20220361478). Kaye teaches the salient features of the claimed invention except for the environmental sensor includes a moisture detector. Howard teaches in fig. 4 and ¶81 that it was known use a plurality of secondary sensors including one to detect moisture. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize the features of Howard for the purpose of compensating for conditions which may affect operation of the control device. Regarding claim 9, the sensors 82 of Howard are of a same type in that they several are environmental sensors. Regarding claim 10, fig. 4 teaches the secondary sensors include multiple sensor types (temperature, position and environmental). Regarding claim 19, fig. 2 of Howard at least one of the one or more secondary sensors (antenna 18) is external to the housing. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Triventi (U.S. Patent No. 11417197) teaches a pest monitoring system with capacitive sensing and a mesh network. Sorenson (WO2024261128) teaches a pest monitoring system with capacitive sensing which calibrates based on sound patterns. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E MAHONEY whose telephone number is (571)272-2122. The examiner can normally be reached 9-5:30. 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, Stephanie Bloss can be reached at 571-272-3555. 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. /CHRISTOPHER E MAHONEY/Primary Examiner, Art Unit 2852
Read full office action

Prosecution Timeline

Feb 13, 2025
Application Filed
Aug 26, 2026
Non-Final Rejection mailed — §102, §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

1-2
Expected OA Rounds
83%
Grant Probability
95%
With Interview (+11.8%)
1y 12m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1091 resolved cases by this examiner. Grant probability derived from career allowance rate.

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