DETAILED ACTION
In response to remarks filed on 17 February 2026
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 17 February 2026 has been entered.
Status of Claims
Claims 1-19 are pending;
Claim 1 is currently amended;
Claims 2-18 were previously presented;
Claim 19 is new;
Claims 1-19 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 17 February 2026 have been fully considered and they are moot since a new reference is being used to reject the claims in view of the new limitations. It is unclear if applicant intends to convey that there are only four openings (two inner and two outer) in the first side and only four openings (two inner and two outer) in the second side as the claim uses comprises and does not use the term “only”. For purposes of examination, if there are two inner openings among several and two outer openings among several, then the limitation is met. If applicant means only four openings, then the word “only” or “solely” should be incorporated to make this distinction clear.
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.
Claims 1-4, 6, 7, 10, 11, 13, 14 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Culleton et al (U.S. Patent No. 8,790,037) in view of Parker (U.S. Patent No. 9,206,574).
As to Claim 1, Culleton discloses a water storage system comprising:
A water storage unit (31) comprising:
An outer shell (11, 12, 13) with a first side (First 13) comprising a first plurality of openings (19) and a second side (Second 13 perpendicular to first 13) adjacent the first side comprising a second plurality of openings (19);
A first set of cross-bodies (Widthwise ribs in Figure 6) spanning a width of the outer shell; and
A second set of cross-bodies (Lengthwise ribs in Figure 6) spanning a length of the outer shell and intersecting the first set of cross-bodies; and
A plurality of vertical pillars (20A), the pillars supporting intersection points of the first and second sets of cross-bodies (Ribs in Figure 6); and
A water storage lid (400 in Figure 15) configured to be attached to the water storage unit;
Wherein at least one of the first side (13) or second side comprises a plurality of secondary openings (There’s many openings on each side. A group from the many openings can be interpreted as secondary openings),
Wherein each secondary opening is between an opening and a corner of the outer shell (Figure 1);
Wherein the water storage unit (31) is configured to connect to a top of a second water storage unit (32) via each of the plurality of vertical pillars (20A) directly connecting to and contacting (Figure 2) a second plurality of vertical pillars (20B) of the second water storage unit (32).
However, Culleton is silent about each of first and second plurality of openings comprising two inner, circular openings with a first diameter, wherein the first and second sides each comprise two outer, circular openings with a second diameter smaller than the first diameter, each outer opening residing between a respective inner opening and a corner of the outer shell. Parker discloses an outer shell with a first side (Figure 13, 18; Annotated Figure A, “first side”) comprising a first plurality of openings (Figure 13, 28) and a second side (12; Annotated Figure A, “second side”) adjacent the first side comprising a second plurality of openings (Figure 13, 28), each of first and second plurality of openings comprising two inner, circular openings (Annotated Figure A, “two inner circular openings”), wherein the first and second sides each comprise two outer, circular openings (Annotated Figure A, “two outer circular openings”), each outer opening residing between a respective inner opening and a corner of the outer shell; wherein the openings can be of any size (Column 5, Lines 1-5: “The at least one first opening 28 may be any size or shape desired so long as the openings 28 are a size and shape that allow water to easily permeate the surfaces of the structure 26 and enter the mostly hollow interior 20”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have each of first and second plurality of openings comprising two inner, circular openings with a first diameter, wherein the first and second sides each comprise two outer, circular openings with a second diameter smaller than the first diameter, each outer opening residing between a respective inner opening and a corner of the outer shell since the substitution of one known shape of openings for another would have yielded the predictable result of allowing water to pass through.
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Figure A. Outer shell (Parker)
As to Claim 2, Culleton as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Culleton as modified also teaches wherein the outer shell comprises a third side (Third 13 opposite first 13) comprising a third plurality of openings (19), wherein the third side is opposite the first side and the third plurality of openings are aligned with the first plurality of openings; and a fourth side (Fourth 13 opposite second 13) comprising a fourth plurality of openings (19), wherein the fourth side is opposite the second side and the fourth plurality of openings are aligned with the second plurality of openings.
As to Claim 3, Culleton as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Culleton as modified also teaches wherein the water storage lid comprises a plurality of perforations (404).
As to Claim 4, Culleton as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Although Culleton as modified is silent about wherein each of the plurality of perforations are hexagonally shaped, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to make the plurality of perforations hexagonally shaped since a change in the shape of a prior art device is a design consideration within the skill of the art.
As to Claim 6, Culleton as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Culleton as modified also teaches wherein the water storage unit comprises a plurality of vertical pillars (20A, 20B), the pillars supporting intersection points of the first and second sets of cross-bodies (Figure 6).
As to Claim 7, Culleton as modified teaches the invention of Claim 6 (Refer to Claim 6 discussion). Culleton as modified also teaches wherein each intersection point comprises a male connection mechanism (20A).
As to Claim 10, Culleton as modified teaches the invention of Claim 8 (Refer to Claim 8 discussion). Culleton as modified also teaches wherein the lid comprises a plurality of female connection mechanisms (404).
As to Claim 11, Culleton as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Culleton as modified also teaches wherein the female connection mechanisms are aligned with the male connection mechanisms (Figure 15).
As to Claim 13, Culleton as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Although Culleton as modified is silent about wherein each of the plurality of openings are circular, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to make the plurality of openings circular since a change in the shape of a prior art device is a design consideration within the skill of the art.
As to Claim 14, Culleton as modified teaches the invention of Claim 13 (Refer to Claim 13 discussion). Although Culleton as modified is silent about wherein each of the first and second pluralities of openings has a diameter of about 128 mm, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to make the first and second pluralities of openings of a diameter of about 128 mm since a change in the shape of a prior art device is a design consideration within the skill of the art.
As to Claim 17, Culleton as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Culleton as modified also teaches comprising a second water storage unit (32) connected to a bottom of the first water storage unit (Figure 1).
As to Claim 18, Culleton as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Culleton as modified also teaches wherein each of the first and second pluralities of openings (19) comprise two openings.
As to Claim 19, Culleton discloses a water storage system comprising:
A water storage unit (31) comprising:
An outer shell (11, 12, 13) with a first side (First 13) comprising a first plurality of openings (19) and a second side (Second 13 perpendicular to first 13) adjacent the first side comprising a second plurality of openings (19);
A first set of cross-bodies (Widthwise ribs in Figure 6) spanning a width of the outer shell; and
A second set of cross-bodies (Lengthwise ribs in Figure 6) spanning a length of the outer shell and intersecting the first set of cross-bodies; and
A plurality of vertical pillars (20A), the pillars supporting intersection points of the first and second sets of cross-bodies (Ribs in Figure 6); and
A water storage lid (400 in Figure 15) configured to be attached to the water storage unit;
Wherein at least one of the first side (13) or second side comprises a plurality of secondary openings (There’s many openings on each side. A group from the many openings can be interpreted as secondary openings),
Wherein each secondary opening is between an opening and a corner of the outer shell (Figure 1);
Wherein the water storage unit (31) is configured to connect to a top of a second water storage unit (32) via each of the plurality of vertical pillars (20A) directly connecting to and contacting (Figure 2) a second plurality of vertical pillars (20B) of the second water storage unit (32).
However, Culleton is silent about each of first and second plurality of openings comprising two inner, circular openings, wherein the first and second sides each comprise two outer, circular openings, each residing between a respective inner opening and a corner of the outer shell, wherein each of the first and second pluralities of openings has a diameter of about 128 mm. Parker discloses an outer shell with a first side (Figure 13, 18; Annotated Figure A, “first side”) comprising a first plurality of openings (Figure 13, 28) and a second side (12; Annotated Figure A, “second side”) adjacent the first side comprising a second plurality of openings (Figure 13, 28), each of first and second plurality of openings comprising two inner, circular openings (Annotated Figure A, “two inner circular openings”), wherein the first and second sides each comprise two outer, circular openings (Annotated Figure A, “two outer circular openings”), each outer opening residing between a respective inner opening and a corner of the outer shell; wherein the openings can be of any size (Column 5, Lines 1-5: “The at least one first opening 28 may be any size or shape desired so long as the openings 28 are a size and shape that allow water to easily permeate the surfaces of the structure 26 and enter the mostly hollow interior 20”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have each of first and second plurality of openings comprising two inner, circular openings, wherein the first and second sides each comprise two outer, circular openings, each residing between a respective inner opening and a corner of the outer shell, wherein each of the first and second pluralities of openings has a diameter of about 128 mm since the substitution of one known shape of openings for another would have yielded the predictable result of allowing water to pass through.
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Culleton et al (U.S. Patent No. 8,790,037) in view of Parker (U.S. Patent No. 9,206,574); and further in view of Krichten et al (U.S. Patent Application Publication No. 2007/0181197).
As to Claim 5, Culleton as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). However, Culleton as modified is silent about wherein the water storage lid comprises a plurality of flaps configured to cover a portion of the outer shell. Kirchten discloses a water storage lid (20) comprising a plurality of flaps (Flap 43 on each side) configured to cover a portion of an outer shell (19). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide the water storage lid with a plurality of flaps configured to cover a portion of the outer shell. The motivation would have been for better engagement with the walls of the outer shell.
Claims 8, 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Culleton et al (U.S. Patent No. 8,790,037) in view of Parker (U.S. Patent No. 9,206,574); and further in view of Van Der Scheer (U.S. Patent Application Publication No. 2017/0292260).
As to Claim 8, Culleton as modified teaches the invention of Claim 7 (Refer to Claim 7 discussion). However, Culleton as modified is silent wherein the male connection mechanism comprises a plurality of prongs. Van Der Scheer discloses a male connection mechanism comprising a plurality of prongs (Figure 3, 22) received by a plurality of slots (Figure 5, 10) of a female connection mechanism. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the male connection mechanism comprise a plurality of prongs received by a plurality of slots of a female connection mechanism since a change in the shape of a prior art device is a design consideration within the skill of the art.
As to Claim 9, Culleton as modified teaches the invention of Claim 8 (Refer to Claim 8 discussion). Culleton as modified also teaches wherein the male connection mechanism comprises four prongs (Van Der Scheer: Figure 3, 22).
As to Claim 12, Culleton as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Culleton as modified also teaches wherein each of the female connection mechanisms comprises a plurality of slots (Van Der Scheer: Figure 5, 10), each slot being configured to receive a prong of a respective male connection mechanism (Van Der Scheer: Figure 18).
Claims 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Culleton et al (U.S. Patent No. 8,790,037) in view of Parker (U.S. Patent No. 9,206,574); and further in view of Canney et al (U.S. Patent Application Publication No. 2012/0255624).
As to Claim 15, Culleton as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). However, Culleton as modified is silent about at least one flow restrictor configured to block an opening. Canney discloses at least one flow restrictor (35) configured to block an opening (23, 23’). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide at least one flow restrictor configured to block an opening. The motivation would have been to filter out large debris.
As to Claim 16, Culleton as modified teaches the invention of Claim 15 (Refer to Claim 15 discussion). Culleton as modified also teaches wherein the at least one flow restrictor is slotted (Canney: Paragraph 0022: “the cover elements provided for them are also provided with openings”).
Conclusion
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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