The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This is in response to amended claims filed on 6/23/25, in which Claims 1-11 are presented for examination of which Claim 1 is in independent form.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Objections
Claim 1, line 6, recites “shape of an applicance…” should it read “shape of an appliance…”
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-11 are generally broader than the Claims 1-16 in previous patents US 10,732,071, Claims 1-18 in US 11,262,271 and Claims 1-20 in US 11781940 B2, Claims 1-10 in US 12,352,661, in view of Chapman et al. (Chapman; US 6639517 B1). Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art at the time the invention was made to use a flexible circuitry and adhesive, in order to satisfy the need for detecting slow or intermittent leaks from under appliances with limited accessibility and which may be installed quickly and easily, as suggested by Chapman (Col 2 Lines 30-33).
Claim Rejections - 35 USC § 103
Claims 1-4 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Klicpera (US 20160163177), Junkosha Co. Ltd. (Junkosha; EP 0 341 934), Holley et al. (Holley; US 20150163412), further in view of Chapman et al. (Chapman; US 6639517 B1)
Regarding Claim 1, Klicpera discloses a leak detection system (Abstract), comprising:
at least one electrical circuit (Fig 3)
a leak sensor (10 of Fig 2; 200 of Fig 12 leak detection apparatus) coupled to the at least one electrical circuit (Fig 3) comprising:
a first microcontroller (84 of Fig 3; 314 of Fig 12) adapted to generate a first signal when there is a leak ([0059] third wireless communication means 46 can transmit information to a programmed cell or phone number for communicating water parameter data or alarm situations to the home owner or a municipal/governmental agency (such as announcing a water leak situation; [0259] FIG. 18A smart phone having an APP (application program) displaying water use information and leak detection alerts); and
a transceiver (100-102 of Fig 3; 320 of Fig 12) adapted to communicate with a phone leak detection apparatus 10, 200 is sharing data or information with the remote displays); and
a remote user application ([0259] FIG. 18A smart phone having an APP (application program) displaying water use information and leak detection alerts), but doesn’t teach the electrical circuit comprising an anode and a cathode separated by a gap, and being affixed to the underside of a water proof membrane having perforations superimposed upon the gap, wherein the electrical circuit is closed when water bridges the gap and a gateway, nor an adhesive or flexible circuit.
In the same field of endeavor, Junkosha discloses a flat leakage sensor for detecting the occurrence of a leak by measuring a change in the electrical characteristics between a pair of conductors caused by the leaking fluid. Junkosha discloses an electrical circuit comprising two conductors separated by a gap, the electrical circuit affixed to the underside of a membrane having a plurality of perforations superimposed upon the gap, wherein the electrical circuit is closed when water bridges the gap (Fig 1; Page 1-2 conductors substantially parallel to each other between two strips of electrically insulating tape, the conductors being spaced from each other, and at least one of the strips of insulating tape having at least one opening which is common to both conductors and at which both conductors are exposed…the sensor preferably has a plurality of common openings at which both conductors are exposed, and the or each common opening may be formed through both strips of insulating tape…a leaking liquid enters one of the common holes and contacts both conductors simultaneously so that the conductors are short-circuited. The leak can thus be detected by detecting a change in the electrical characteristics between the conductors).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Klicpera with Junkosha using a perforated membrane in order to provide an inexpensive sensor with better production efficiency, as suggested by Junkosha (page 1).
The combination doesn’t specify a gateway.
In the same field of endeavor, Holley discloses a home monitoring system using a television receiver to monitor sensor reading and or provide signals to control units for monitoring and home automation application. Holley teaches a gateway system for monitoring home sensors ([0138]), including a leak detection sensor ([0139] MAC (Home Monitoring and Control) module 1101…home automation gateway device…arranged to communicate with…home automation-related systems and/or devices… which include…at least one leak detection sensor 1138).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Klicpera with Holley using a gateway in order to provide an easy to manage system that integrates multiple sensing capabilities into a single operating platform, as suggested by Holley ([0004]).
The combination doesn’t teach that the membrane is waterproof, the use of an adhesive or a flexible circuitry.
In the same field of endeavor, Chapman discloses a water leak detector system with alarm can be used to monitor inaccessible areas under various household appliances and warn of water leaks. A leak detection mat, having base layer of varying and appropriate sizes has disposed on it one or more pairs of electrodes arranged in a pattern around the upper surface of the base mat such that the two wires of each pair are parallel to the other and generally separated at a constant distance, and together the pair is positioned in a pattern across the surface. An absorbent layer is affixed to the base layer, covering and in contact with the electrodes. A sensing and transmitting circuit having two input connections is affixed to the base substrate, with one end of each electrode attached to one of the input connections of the sensing and transmitting circuit. A plurality of leak detection mats may be used in a single system, each mat located under a potential water leak source. Upon water falling upon and being adsorbed by the adsorbent layer, the electrical resistance between the two electrodes at points nearest the leak will decrease. This decrease in resistance is detected by the sensing and transmitting circuit, which transmits a signal. An alarm unit receives the signal and activates an audible and/or visual alarm, the signal being sent either by radio waves or by an electrical signal through wires.
Chapman discloses a waterproof membrane (Col 3 Lines 54-58 base substrate 102, having length and width, is preferably constructed from a flexible, electrically non-conductive material, such as a polymeric resin, plastic, rubber).
Chapman teaches the use of an adhesive (Col 3 Lines 66-67 electrodes 103, 104 are affixed to the base substrate by adhesive, heat or other suitable means; Col 4 Lines 57-59 absorbent layer 105 is affixed to the base substrate 102 using, for example, contact adhesive ).
Chapman teaches a flexible circuit (Col 3 Lines 54-58 base substrate 102, having length and width, is preferably constructed from a flexible, electrically non-conductive material).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Klicpera with Chapman using a waterproof membrane, adhesive and flexible circuitry in order to satisfy the need for detecting slow or intermittent leaks from under appliances with limited accessibility and which may be installed quickly and easily, as suggested by Chapman (Col 2 Lines 30-33).
Regarding Claim 2, Klicpera discloses a fluid control device (Fig 12) comprising a transceiver (100-102 of Fig 3; 320 of Fig 12), but doesn’t teach the transceiver is adapted to receive the first signal from the leak sensor via the gateway.
Holley teaches the transceiver is adapted to receive the first signal from the leak sensor via the gateway ([0047] receiver 102 may receive sensor status and may be configured to transmit status information to a display device; [0161] receiver 102 and/or overlay device 1128 may be preprogrammed to contact (that is act as a transceiver) a particular phone number, such as an emergency service provider).
2>Regarding Claim 3, Klicpera discloses the fluid control device is adapted to interrupt flow of a liquid through a conduit upon receipt of the first signal ([0218] leak detection apparatus 10, 200 communicates with water shut-off/on mechanism; [0221], 310 of Fig 12).
2>Regarding Claim 4, Klicpera discloses the fluid control device comprises a valve, wherein the valve is adapted to move from a first position to a second position when the fluid control device receives a second signal generated by the remote user application [0218]; ([0221], 310 of Fig 12).
3>Regarding Claim 9, Klicpera discloses the fluid control device comprises a valve, wherein the valve is adapted to move from an open position to a closed position when the fluid control device receives the first signal (310 of Fig 12; [0221] water shut-off/on mechanisms 310; [0115] water shut off means (not shown) to turn off the water supply if an alarm condition or setting point is exceeded and has been activated)
Regarding Claim 10, Klicpera discloses the leak sensor further comprises an audible alarm activated by the first signal ([0259] leaking condition can be an auditory or verbal signal emanating from the cell phone, smart phone or similar apparatus 400 speaker).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Klicpera, Junkosha, Holley and Chapman, further in view of Hayashida (US 6484564).
10>Regarding Claim 11, Klicpera discloses sensor to trigger the audible alarm ([0259]), but doesn’t teach a tilt switch.
In the same field of endeavor, Hayashida discloses a liquid leakage sensor, paper for detecting liquid leakage, and holder for detecting liquid leakage stably and reliably without being affected by bubbles when a large volume of liquid leaks at once. A liquid leakage sensor also has a tilt detection. Hayashida discloses a tilt sensor (Col 3 Lines 15-20).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Klicpera with Hayashida using a tilt switch in order to quickly and reliably detect liquid leakage, as suggested by Hayashida (Abstract).
Allowable Subject Matter
Claims 5-8 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, and if a terminal disclaimer is filed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK S RUSHING/Primary Examiner, Art Unit 2689
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