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.
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 1-7, 9-10, 12 and are rejected under 35 U.S.C. 103 as being unpatentable over Moore (US 8,857,641) in view of Myers (US D239,506).
Regarding claim 1, Moore (figs. 1-5 and col. 9, lines 10-11) discloses a septic tank 20 made of polypropylene or polyethylene thermoplastic, the tank having a first lengthwise end, an opposing second lengthwise end, a top, a bottom, a horizontal centerplane, a vertical lengthwise centerplane, and a basic wall thickness T, the septic tank comprising:
an upper half tank 22A having corrugated walls and an oblong flange 34A lying nominally in the horizontal centerplane, the flange 34A having substantially straight lengthwise sides spaced apart a distance W and ends spaced apart a distance L; and
a lower half tank 22B having corrugated walls and an oblong flange 34B lying nominally in the horizontal centerplane, the flange 34B having substantially straight lengthwise sides spaced apart the distance W and lengthwise ends spaced apart the distance L;
wherein the upper half tank 22A oblong flange and the lower half tank 22B oblong flange are either integral with each other or are secured to each other along the horizontal centerplane by one or more of fasteners, clamps or adhesives 30;
wherein, the upper half tank 22A further comprises: a top wall that runs substantially parallel to the horizontal centerplane, a first sidewall and a second sidewall, the sidewalls spaced apart equally from the vertical centerplane, each sidewall running lengthwise from a first sidewall end in proximity of the first end of the tank to a second sidewall end in proximity of the second end of the tank, and each sidewall running vertically from the upper half tank oblong flange to the top wall along a path that is inclined inwardly toward the vertical centerplane, opposing end walls, each end wall integrally connecting an end of the first sidewall to an end of the second sidewall, and, at least one integral ring circumscribing an access opening 30, wherein the at least one integral ring attaches to a lid or a riser (col. 4, lines 49-52),wherein each end wall comprises: an end wall top, an end wall side running from the upper half tank flange 34A to the end wall top along an inward slant, wherein, the end wall top is contiguous with the upper half tank top wall; and
wherein, in a vertical plane, the inward slant runs exclusively along a straight line path.
Moore fails to disclose the end wall side runs along a curve which is a semi-circle or a portion of a curve.
However, Myers teaches a storage tank having curved end wall sides (figs. 1-2).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have curved the end wall sides of Moore, as taught by Myers, to reduce accumulation of solids in corner regions and simplify mold release during manufacturing.
Regarding claim 2, the modified Moore further discloses the upper half tank end wall side connects to the end wall flange along a path that is a semi-circle having a radius between 0.5 and 0.65 of distance W (fig. 2 of Myers).
Regarding claims 3-4, the modified Moore further discloses the end wall side is shaped as a portion of a frustum of a cone (fig. 1 of Myers).
Regarding claim 5, Moore further discloses the slant of the end wall side runs along a substantially straight line in the vertical center plane (fig. 2).
Regarding claims 6-7, Moore further discloses the straight-line angle being about 7 degrees (fig. 4), but the modified Moore fails to disclose the angle being 7 degrees.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have made the angle of incline of the straight line of the modified Myers,7 degrees, since it has been held that, where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than a prior art device, the claimed device is not patentably distinct from the prior art device. Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claims 9-10, Moore discloses the basic wall thickness is about 0.200 inch and a wall thickness in the tank is no more than 10 or 15 percent greater or less than the basic wall thickness (col. 9, lines 14-17).
Regarding claim 12, Moore further discloses the tank being configured for holding at least 1000 gallons of wastewater (col. 9, lines 21-23).
Regarding claim 14, Moore (figs. 1-5 and col. 9, lines 10-11) discloses a septic tank 20 made of polypropylene or polyethylene thermoplastic, the tank having a first lengthwise end, an opposing second lengthwise end, a top, a bottom, a horizontal centerplane, a vertical lengthwise centerplane, and a basic wall thickness T, the septic tank comprising:
an upper half tank 22A having corrugated walls and an oblong flange 34A lying nominally in the horizontal centerplane, the flange 24A having substantially straight lengthwise sides spaced apart a distance W and ends spaced apart a distance L; and
a lower half tank 22B having corrugated walls and an oblong flange 34B lying nominally in the horizontal centerplane, the flange 34B having substantially straight lengthwise sides spaced apart the distance W and lengthwise ends spaced apart the distance L; wherein the upper half tank oblong flange 34A and the lower half tank oblong flange 34B are either integral with each other or are secured to each other along the horizontal centerplane by one or more of fasteners 30, clamps or adhesives, wherein, the upper half tank 22A further comprises: a top wall that runs substantially parallel to the horizontal centerplane, a first sidewall and a second sidewall, the sidewalls spaced apart equally from the vertical centerplane, each sidewall running lengthwise from a first sidewall end in proximity of the first end of the tank to a second sidewall end in proximity of the second end of the tank, and each sidewall running vertically from the upper half tank oblong flange 34B to the top wall along a path that is inclined inwardly toward the vertical centerplane, and, opposing end walls, each end wall integrally connecting an end of the first sidewall to an end of the second sidewall, wherein each end wall comprises: an end wall top, an end wall side running from the upper half tank flange to the end wall top along an inward slant, wherein, the end wall top is contiguous with the upper half tank top wall; and
wherein, in a vertical plane, the inward slant runs exclusively along a straight line path and the end wall top curves abruptly in the direction of the end wall side.
Moore fails to disclose the end wall side runs along a curve which is a semi-circle or a portion of a curve.
However, Myers teaches a storage tank having curved end wall sides (figs. 1-2).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have curved the end wall sides of Moore, as taught by Myers, to reduce accumulation of solids in corner regions and simplify mold release during manufacturing.
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Moore (US 8,857,641) in view of Myers (US D239,506) as applied to claim 1 above, further in view of Gutierrez-Lemini (US 8,128,129).
Regarding claim 11, the modified Moore fails to disclose the material including randomly oriented chopped glass fibers, wherein the weight percent of randomly oriented chopped glass fibers is up to 30.
However, Gutierrez-Lemini teaches randomly oriented chopped glass fiber reinforcement, wherein the weight percent of randomly oriented chopped glass fibers is up to 30 (co. 11, lines 18-29).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the device of the modified Moore, randomly oriented chopped glass fiber reinforcement with 30% chopped glass fiber, as taught by Gitierrez-Lemini, to provide good pressure and temperature resistance.
Regarding claim 13, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Applicant argues that Moore fails to disclose “at least one integral ring circumscribing an access opening wherein the at least one integral ring attaches to a lid or a riser”. However, marked-up fig. 5 below clearly shows the integral ring. And col. 4 line 52 states that the access ports 30 being closed by hatch covers (i.e., lid or riser).
Further applicant argues that there is no evidence in Moore that shows the endwall top curving abruptly in the direction of the endwall side. However, it is noted that marked-up fig. 5 below shows how the endwall top curving abruptly.
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Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
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/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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