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 Objections
Claim 2 is objected to because of the following informalities:
Line 3 recites “defines” which should be “defining” to be correct grammar.
Appropriate correction is required.
Specification
The disclosure is objected to because of the following informalities:
Page 1 needs a “1”, which is the page number, at the bottom.
On occasion, lines are single spaced. All lines need to be double spaced. For instance, see paragraphs 3 and 26, and the no space between paragraphs 27 and 28.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 5, 13 and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 5 and 13, lines 2-3 recites rails “not connected to one another”, which is a negative limitation. The negative limitation must have basis in the original disclosure but it doesn’t because the Specification doesn’t explain why that feature is of benefit (MPEP 2173.05(i)).
Claim 19 recites an exterior of the inlet stack “not connected to an exterior of the outlet stack” , which is a negative limitation. The negative limitation must have basis in the original disclosure but it doesn’t because the Specification doesn’t explain why that feature is of benefit (MPEP 2173.05(i)).
Claim 11 is 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.
Claim 11 recites “thereto” and it is unclear whether the lid assembly or recovery tank is being modified.
Allowable Subject Matter
Claims 1-4, 6-10, 12, 14-18, and 20 are allowed.
Claims 5, 11, 13 and 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) and 35 U.S.C. 112(b), set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The best reference, Moyher (US 2013/0318741), does not include a lid assembly having a first lid chamber opening, and a second lid chamber opening at an inlet of the outlet stack (190) [No lid with two openings (and one of them at the inlet 150 of the outlet stack) exists; Fig. 9], and the float (138) able to close the first lid chamber opening (138 can’t close any opening of a lid), as included in claim 1, lines 18-29.
Moyher does not include a lid assembly having a first lid chamber opening, and a second lid chamber opening at an inlet of the outlet stack (190) [No lid with two openings (and one of them at the inlet 150 of the outlet stack) exists; Fig. 9], and a lower surface of the lid assembly deflects fluid away from the outlet (The top part of 134) of the inlet stack (134) [No lid guides fluid exiting 134], as included in claim 12, lines 16-24.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW A. HORTON whose telephone number is (571)270-5039. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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, Monica S. Carter can be reached at (571) 272-4475. 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.
/ANDREW A HORTON/Primary Examiner, Art Unit 3723