DETAILED ACTION
Status of Claims
Claim 21 is new. Claim 7 is canceled. Claims 1-6 and 8-21 are pending. Claims 3 and 11-20 are withdrawn. Claims 1-2, 4-6, 8-10, and 21 are subject to examination on the merits.
Response to Amendments
The 35 USC 112(b) rejection is withdrawn.
Response to Arguments
The 10/22/2025 arguments (hereinafter “Remarks”) have been fully considered.
Applicant contends that, if assuming arguendo the 4/22/2025 Non-Final Action had taken Official Notice, such Official Notice would’ve been improper (see Remarks at 7-8). This argument is moot because the Non-Final Action did not take Official Notice, given the extensive citations to the prior art references. Moreover, the distinction between “well known in the art” and “known in the art” has little to no significance to the prior art rejections; Applicant does not contend that, by using the phrase “well known in the art”—as opposed to “known in the art”—the Non-Final Action failed to establish the prima facie case of obviousness.
Applicant also contends that the prior art of record does not teach certain limitations of the claims as amended (see Remarks at 8). Because those limitations are newly introduced through amendment, they are addressed in the updated 35 USC 103 rejections below.
Claim Rejections - 35 USC § 112
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.
Claim 21 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 21 recites the following phrase: “the controller is further configured to control movement and operation of the hydraulic cannon during cleaning in real-time based on images captured by the camera.”
First, it’s unclear what’s meant by “control movement and operation . . . in real-time,” as opposed to a timing that’s not in real time. The only instance of “real-time” appears in ¶ 0018 of the specification in the context of “visually track progress.” Paragraph 0018 is silent on any controller and silent on a controller controlling movement and operation of the hydraulic cannon based on images captured by the camera.
Second, the temporal relationship between capturing images by camera and controlling the hydraulic cannon’s movement and operation is also unclear, and the specification is silent on any particular timing between the two actions.
For examination purposes, the above phrase is interpreted as follows: (1) During cleaning, the controller can control the hydraulic cannon’s movement and operation in real-time; (2) No specific timing is required between capturing images by camera and controlling the hydraulic cannon’s movement and operation.
Examiner’s Comments
Claim 1 and several dependent claims may be rejected under 35 U.S.C. 103 as being unpatentable over INNES (US PGPUB 20190374984) in view of JANSEN et al. (US PGPUB 20160107205). JANSEN teaches a railroad tank cleaning system (see Fig. 1) comprising: a hydraulic cannon 14; a holding tank 32; and a filtration unit 46. These components are structurally fully capable of being transported between railroad tank cars.
Claim 1 and several dependent claims may be rejected under 35 U.S.C. 103 as being unpatentable over INNES in view of HEBERT (US PGPUB 20030209257). HEBERT teaches a railroad tank car cleaning system comprising: a hydraulic cannon 16; a holding tank 24; and a filtration system 52. These components are structurally fully capable of being transported between railroad tank cars.
Claim 1 and several dependent claims may be rejected under 35 U.S.C. 103 as being unpatentable over INNES in view of AHONEN (US Patent 4984593). AHONEN teaches a railroad tank car cleaning system (see Fig. 1) comprising: a hydraulic cannon 3; a holding tank 4; and a filtration system 5. These components are structurally fully capable of being transported between railroad tank cars.
Although the abovementioned prior art rejections are not made at this time to avoid overly burdening Applicant, such rejections could still be made in a future Office Action, depending on the claim amendments and/or Applicant’s reply.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 8, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over INNES (US PGPUB 20190374984), in view of GREGORY (WIPO Publication WO2008113069).
Regarding Claim 1, INNES teaches a railroad tank car cleaning system (see, e.g., abstract, Figs. 1-11, claims 1-20).
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INNES teaches the system comprising a cannon assembly (see annotated Fig. 1A above; see also Figs. 1-11, ¶¶ 0130-55) secured to a tank of a railroad tank car at an opening of a manway hatch of the tank (see id.), wherein the cannon assembly including an adapter (upper assembly 34) configured to close the opening of the manway hatch (see Figs. 1A-1B, ¶ 0143; see also annotated Fig. 1B below) and a hydraulic cannon (nozzle assembly 32, see Fig. 1A, ¶¶ 0145-46) configured to extend within an interior of the tank (see id.), wherein the hydraulic cannon (nozzle assembly 32) comprising at least a nozzle (e.g., nozzles 6, 7, 8, 9) for pressure cleaning the interior of the tank (see, e.g., Figs. 1A, 1F, 1G, 4, 4A, ¶¶ 0160, 0162, 0166) and a camera (see ¶ 0018) for remotely visualizing the interior of the tank (see id.).
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INNES teaches the system comprising a controller (the human machine interface or “HMI” comprises a CPU 78 and control software, see Fig. 10, ¶ 0175) configured to automatically control movement and operation of the hydraulic cannon during cleaning according to one or more cleaning profiles (see ¶ 0177).
Although INNES does not explicitly teach the adapter is configured to seal the opening, this is still reasonably expected based on the illustration in Fig. 1B and because INNES discloses that the tank may have hazardous substances (see ¶¶ 0002-03, 0009-10, 0156, disclosing hazardous dusts and vapors). Alternatively, if the teachings of INNES do not clearly envisage the adapter being configured to seal the opening, it still would’ve been obvious to a person of ordinary skill in the art before the effective filing date to configure the adapter to seal the opening, with reasonable expectation of enclosing the hazardous substances. Because the tank may have hazardous substances—including hazardous dusts and vapors—a person of ordinary skill in the art would’ve been motivated to use an adapter that can seal the opening to prevent any inadvertent leakage of such hazardous substances.
INNES does not explicitly teach:
one or more holding tanks to collect waste product drained from the tank; and
a filtration unit configured to filter and recirculate liquid drained from the tank during cleaning,
wherein the one or more holding tanks and the filtration unit are configured to be transported between railroad tank cars with the cannon assembly.
GREGORY teaches a railroad tank car cleaning system (see Figs. 1A-1E, 6-7, ¶¶ 0031-34, a cleaning apparatus 10 for cleaning a rail car tank 14), the system comprising a hydraulic cannon (jet head 34, see Fig. 1C, ¶ 0037).
GREGORY teaches a holding tank (a drum in which filter 60 is provided, see ¶ 0042; or canister 208/210, see Figs. 8-13, ¶¶ 0062-64, 0070).
GREGORY’s holding tank is structurally fully capable of performing the recited function of “collect waste product drained from the tank.” For example, because waste product drained from railroad tank 14 is collected in filter 60 (see Figs. 1C, 6-7, ¶ 0041) and filter 60 is provided in the drum (see ¶ 0042), then the drum is structurally fully capable of collecting waste product drained from railroad tank 14. Likewise, because filter assembly 160 may be used in place of filter 60 (see ¶ 0053; see also ¶ 0066, filter assembly 160 may be used in cleaning apparatus 10), this means that waste product drained from railroad tank 14 is collected in filter assembly 160; and because canister 208/210 belongs to filter assembly 160, this means that canister 208/210 is structurally fully capable of collecting waste product drained from railroad tank 14. A claimed apparatus must be distinguished from the prior art in terms of structure. See MPEP § 2114.II. ("Apparatus claims cover what a device is, not what a device does").
GREGORY’s holding tank is also structurally fully capable of performing the recited function of “to be transported between railroad tank cars with the cannon assembly” (see Fig. 8, ¶ 0061, the filter(s) are highly portable). A claimed apparatus must be distinguished from the prior art in terms of structure. See MPEP § 2114.II.
GREGORY teaches a filtration unit (filter 60, see Figs. 1C, 6-7, ¶¶ 0041-42; or filter basket 206, see Figs. 9-13, ¶¶ 0062-63) configured to filter and recirculate liquid drained from the tank during cleaning (see Figs. 1C, 6-7, ¶¶ 0041, 0053, 0062, 0065-66, 0068, fluid drained from tank 14 is filtered and recirculated back to tank 14; see also ¶¶ 0053, 0066, filter assembly 160 may be used in place of filter 60).
GREGORY’s filtration unit is structurally fully capable of performing the recited function of “to be transported between railroad tank cars with the cannon assembly” (see Fig. 8, ¶ 0061, the filter(s) are highly portable). A claimed apparatus must be distinguished from the prior art in terms of structure. See MPEP § 2114.II.
GREGORY’s holding tank and filtration unit provide various benefits such as: collecting waste product drained from the railroad tank (as explained above); allowing the cleaning fluid to be reused (see Figs. 1C, 6-7, ¶¶ 0041, 0053, 0062, 0065-66, 0068, removing sediments from the cleaning fluid; as explained above, filter assembly 160 may be used in place of filter 60); and protecting the spraying components (see ¶ 0065).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify the cleaning system of INNES to incorporate a holding tank and a filtration unit, with reasonable expectation of collecting waste product and filtering the cleaning fluid.
First, the holding tank and the filtration unit provide various benefits such as collecting waste product, filtering the cleaning fluid for reuse, and protecting spray components; given these benefits, a person of ordinary skill in the art would’ve been motivated to incorporate a holding tank and a filtration unit into the cleaning system of INNES.
Second, it’s already known in the prior art for a railroad tank car cleaning system to comprise a holding tank and a filtration unit (see GREGORY). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421 (2007); MPEP § 2143, A. The holding tank and the filtration unit as incorporated would perform the same functions as before (e.g., collecting waste product, filtering cleaning fluid), thereby yielding predictable results.
In the resulting combination of INNES and GREGORY: the holding tank and the filtration unit are structurally fully capable of performing the recited function of “to be transported between railroad tank cars with the cannon assembly” (as explained above, the holding tank and the filtration unit are highly portable). A claimed apparatus must be distinguished from the prior art in terms of structure. See MPEP § 2114.II. ("Apparatus claims cover what a device is, not what a device does").
Regarding Claim 8, the combination of INNES and GREGORY teaches the cleaning system of claim 1. The cleaning system as taught by the combination of INNES and GREGORY is structurally fully capable of performing the recited function of “detect residual material on an interior surface of the tank based on images captured by the camera.” For example, the cleaning system comprises a camera (see INNES at ¶ 0018) for capturing images inside the tank and a human machine interface (“HMI”) having a display screen (see INNES at Fig. 10, ¶¶ 0175, 0178, 0180), which would allow a human operator to detect residual material on an interior surface of the tank based on images captured by the camera. A claimed apparatus must be distinguished from the prior art in terms of structure. See MPEP § 2114.II ("Apparatus claims cover what a device is, not what a device does").
Regarding Claim 21, the combination of INNES and GREGORY teaches the cleaning system of claim 1. The combination teaches the controller (HMI of INNES comprising a CPU 78 and control software, see INNES Fig. 10, ¶ 0175) is configured to control movement and operation of the hydraulic cannon during cleaning in real-time (see INNES at ¶¶ 0015, 0178 the HMI allows the nozzle assembly to be monitored and manipulated in real-time) based on images captured by the camera (see id. at ¶¶ 0015, 0018, 0178, 0181).
Claims 1-2, 4-5, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over DESORMEAUX (US PGPUB 20180339318), in view of INNES and GREGORY.
Regarding Claim 1, DESORMEAUX teaches a railroad tank car cleaning system (see abstract, Figs. 1-5; the system may be used to clean a tanker railcar, see ¶ 0024).
DESORMEAUX’s system comprises a cannon assembly (cleaning apparatus 102/402, see Figs. 1-5, ¶¶ 0023, 0026, 0046), the cannon assembly including a hydraulic cannon (cleaning device 106, see Figs. 1-5, ¶¶ 0023, 0026-27, 0047) configured to extend within an interior of the tank (see Figs. 1-2, ¶ 0024), the hydraulic cannon comprising at least a nozzle (see ¶¶ 0027, 0043, 0047, Figs. 3-5, cleaning device 106 may be one or more nozzles) for pressure cleaning the interior of the tank (see id.) and a camera (camera 444) for remotely visualizing the interior of the tank (see Fig. 4, ¶ 0048).
DESORMEAUX’s system comprises a controller (controller 104, see Figs. 1-2, ¶¶ 0023, 0032) configured to automatically control movement and operation of the hydraulic cannon during cleaning according to one or more cleaning profiles (see ¶¶ 0032, 0036-38, 0059-62).
DESORMEAUX teaches that the cannon assembly (cleaning apparatus 102/402) may be mounted to the vessel’s opening (see ¶ 0026, the base of the cleaning apparatus may be mounted at a predetermined or fixed location using a mounting mechanism such as vessel opening mounts). Indeed, DESORMEAUX teaches that many variations and modifications may be made to its invention (see ¶ 0104).
DESORMEAUX does not explicitly teach:
the cannon assembly is “secured to a tank of a railroad tank car at an opening of a manway hatch of the tank” and the cannon assembly includes “an adapter configured to seal the opening of the manway hatch”;
“one or more holding tanks to collect waste product drained from the tank; and a filtration unit configured to filter and recirculate liquid drained from the tank during cleaning, wherein the one or more holding tanks and the filtration unit are configured to be transported between railroad tank cars with the cannon assembly.”
INNES teaches a railroad tank car cleaning system (see, e.g., abstract, Figs. 1-11, claims 1-20), the system comprising a cannon assembly (see annotated Fig. 1A above; see also Figs. 1-11, ¶¶ 0130-55) secured to a tank of a railroad tank car at an opening of a manway hatch of the tank (see id.), wherein the cannon assembly including an adapter (upper assembly 34) configured to close the opening of the manway hatch (see Figs. 1A-1B, ¶ 0143).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify DESORMEAUX to incorporate an adapter configured to close the opening of the manway hatch, with reasonable expect of mounting the cannon assembly to the tank of the railroad tank car. DESORMEAUX already teaches that its cleaning system is for cleaning a railroad tank car (see ¶ 0024), wherein the cannon assembly may be mounted via “vessel opening mounts” (see ¶ 0026) and many modifications may be made to its invention (see ¶ 0104). And it’s already known in the prior art to secure a cannon assembly to a tank of a railroad tank car at an opening of a manway hatch of the tank (see INNES), wherein the cannon assembly is secured using an adapter configured to close the opening of the manway hatch (see INNES). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421 (2007); MPEP § 2143, A. The adapter as incorporated would serve the same function as before (e.g., mount the cannon assembly to the tank’s manway hatch), thereby yielding predictable results.
Additionally, it would’ve been obvious to configure the adapter to seal the opening, with reasonable expectation of enclosing the tank. It’s already known in the prior art that tanks may have hazardous substances therein (see INNES at ¶¶ 0002-03, 0009-10, 0156, disclosing hazardous dusts and vapors; see also DESORMEAUX at ¶¶ 0003, tank cleaning is hazardous and dangerous); a person of ordinary skill in the art would’ve been motivated to use an adapter that can seal the opening to prevent any inadvertent leakage of such hazardous substances.
In the resulting combination of DESORMEAUX and INNES: the cannon assembly (DESORMEAUX’s cleaning apparatus 102/402) would be secured to a tank of a railroad tank car at an opening of a manway hatch of the tank, wherein the cannon assembly would include an adapter configured to seal the opening of the manway hatch.
The combination of DESORMEAUX and INNES does not explicitly teach: “one or more holding tanks to collect waste product drained from the tank; and a filtration unit configured to filter and recirculate liquid drained from the tank during cleaning, wherein the one or more holding tanks and the filtration unit are configured to be transported between railroad tank cars with the cannon assembly.”
GREGORY teaches a railroad tank car cleaning system (see Figs. 1A-1E, 6-7, ¶¶ 0031-34, a cleaning apparatus 10 for cleaning a rail car tank 14), the system comprising a hydraulic cannon (jet head 34, see Fig. 1C, ¶ 0037).
GREGORY teaches a holding tank (a drum in which filter 60 is provided, see ¶ 0042; or canister 208/210, see Figs. 8-13, ¶¶ 0062-64, 0070).
As explained above, GREGORY’s holding tank is structurally fully capable of performing the recited functions of “collect waste product drained from the tank,” as well as “to be transported between railroad tank cars with the cannon assembly.” A claimed apparatus must be distinguished from the prior art in terms of structure. See MPEP § 2114.II. ("Apparatus claims cover what a device is, not what a device does").
GREGORY teaches a filtration unit (filter 60, see Figs. 1C, 6-7, ¶¶ 0041-42; or filter basket 206, see Figs. 9-13, ¶¶ 0062-63) configured to filter and recirculate liquid drained from the tank during cleaning (see Figs. 1C, 6-7, ¶¶ 0041, 0053, 0062, 0065-66, 0068, fluid drained from tank 14 is filtered and recirculated back to tank 14; see also ¶¶ 0053, 0066, filter assembly 160 may be used in place of filter 60).
As explained above, GREGORY’s filtration unit is structurally fully capable of performing the recited function of “to be transported between railroad tank cars with the cannon assembly.” A claimed apparatus must be distinguished from the prior art in terms of structure. See MPEP § 2114.II.
GREGORY’s holding tank and filtration unit provide various benefits such as: collecting waste product drained from the railroad tank (as explained above); allowing the cleaning fluid to be reused (see Figs. 1C, 6-7, ¶¶ 0041, 0053, 0062, 0065-66, 0068, removing sediments from the cleaning fluid; as explained above, filter assembly 160 may be used in place of filter 60); and protecting the spraying components (see ¶ 0065).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify the combination of DESORMEAUX and INNES to incorporate a holding tank and a filtration unit, with reasonable expectation of collecting waste product and filtering the cleaning fluid.
First, the holding tank and the filtration unit provide various benefits such as collecting waste product, filtering the cleaning fluid for reuse, and protecting spray components; given these benefits, a person of ordinary skill in the art would’ve been motivated to incorporate a holding tank and a filtration unit into the combination of DESORMEAUX and INNES.
Second, it’s already known in the prior art for a railroad tank car cleaning system to comprise a holding tank and a filtration unit (see GREGORY). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421 (2007); MPEP § 2143, A. The holding tank and the filtration unit as incorporated would perform the same functions as before (e.g., collecting waste product, filtering cleaning fluid), thereby yielding predictable results.
In the resulting combination of DESORMEAUX, INNES, and GREGORY: the holding tank and the filtration unit are structurally fully capable of performing the recited function of “to be transported between railroad tank cars with the cannon assembly” (as explained above, the holding tank and the filtration unit are highly portable). A claimed apparatus must be distinguished from the prior art in terms of structure. See MPEP § 2114.II. ("Apparatus claims cover what a device is, not what a device does").
Regarding Claim 2, the combination of DESORMEAUX, INNES, and GREGORY teaches the cleaning system of claim 1. The combination teaches wherein individual cleaning profiles specify a pre-programmed duration and pattern of movement for the hydraulic cannon for cleaning the interior of the tank (see DESORMEAUX at ¶ 0032, the cleaning protocol includes parameters of how cleaning device 106 is moved, including its travel path, direction, speed, and distance; moreover, because speed equals to distance divided by time, the duration of movement is inherently or implicitly included in the cleaning protocol).
Regarding Claim 4, the combination of DESORMEAUX, INNES, and GREGORY teaches the cleaning system of claim 2. The combination teaches wherein the controller (DESORMEAUX’s controller 104) is configured to automatically select a cleaning profile based on at least one of a shape of the tank and a material stored in the tank (see DESORMEAUX at ¶¶ 0037, 0059, 0068, determine cleaning protocol based the shape of the vessel and the material in the vessel). DESORMEAUX also reasonably suggests using the size of the tank as a factor, because DESORMEAUX teaches using size of area as a factor (see ¶ 0068) and one of ordinary skill in the art would readily understand that a larger tank has a larger area.
Regarding Claim 5, the combination of DESORMEAUX, INNES, and GREGORY teaches the cleaning system of claim 1. The combination teaches an electronic storage accessible by the controller (see DESORMEAUX at ¶¶ 0032-33). DESORMEAUX teaches that instructions are stored in a memory and the controller executes such stored instructions (see id.). Because the cleaning profiles are simply instructions for the hydraulic cannon (see id. at ¶¶ 0032, 0036-38, 0059-62), then one of ordinary skill in the art would readily understand or reasonably expect that the cleaning profiles are stored in an electronic storage accessible by the controller.
Alternatively, if the combination does not clearly envisage storing the one or more cleaning profiles in electronic storage accessible by the controller, it still would’ve been obvious to one of ordinary skill in the art to do so before the effective filing date of the claimed invention, for several reasons. First, a person of ordinary skill in the art would readily appreciate that, by storing the cleaning profiles in the electronic storage, those profiles can be quickly retrieved and reused, thereby saving time and computing resources. Given these benefits, a person of ordinary skill in the art would’ve been motivated to store the cleaning profiles in the electronic storage. Second, DESORMEAUX already teaches that instructions are stored on a memory (see ¶¶ 0032-33), and the cleaning profiles are simply instructions for the hydraulic cannon (cleaning device 106 of DESORMEAUX). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR, 550 U.S. at 415-421; MPEP § 2143, A.
Regarding Claim 21, the combination of DESORMEAUX, INNES, and GREGORY teaches the cleaning system of claim 1. As explained above, the combination teaches: a camera (i.e., camera 444 of DESORMEAUX); a hydraulic cannon (i.e., cleaning device 106 of DESORMEAUX); and a controller (i.e., controller 104 of DESORMEAUX) configured to automatically control movement and operation of the hydraulic cannon during cleaning.
The combination does not explicitly teach that the controller is further configured to control movement and operation of the hydraulic cannon during cleaning “in real-time based on images captured by the camera.” But INNES already teaches a controller (HMI comprising a CPU 78 and control software, see INNES Fig. 10, ¶ 0175) configured to control movement and operation of the hydraulic cannon during cleaning in real-time (see INNES at ¶¶ 0015, 0178 the HMI allows the nozzle assembly to be monitored and manipulated in real-time) based on images captured by the camera (see id. at ¶¶ 0015, 0018, 0178, 0181).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify the combination of DESORMEAUX, INNES, and GREGORY to configure the controller (i.e., controller 104 of DESORMEAUX) to control movement and operation of the hydraulic cannon during cleaning “in real-time based on images captured by the camera,” with reasonable expectation of cleaning the railroad tank. It’s already known in the prior art that the controller may be configured to control movement and operation of the hydraulic cannon (see DESORMEAUX; see INNES) during cleaning in real-time based on images captured by the camera (see INNES). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR, 550 U.S. at 415-421; MPEP § 2143, A.
Claims 2, 4-5, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of INNES and GREGORY (as applied to Claim 1 above), in further view of DESORMEAUX.
Regarding Claim 2, the combination of INNES and GREGORY teaches the cleaning system of claim 1.
The combination does not explicitly teach: “wherein individual cleaning profiles specify a pre-programmed duration and pattern of movement for the hydraulic cannon for cleaning the interior of the tank.”
DESORMEAUX teaches a cleaning system for cleaning a railroad tank car (see ¶ 0024), wherein the system comprises a hydraulic cannon (cleaning device 106, see Figs. 1-5, ¶¶ 0023, 0026-27, 0047) comprising at least a nozzle (see ¶¶ 0027, 0043, 0047, Figs. 3-5) and a controller (controller 104) configured to automatically control movement and operation of the hydraulic cannon during cleaning according to one or more cleaning profiles (see ¶¶ 0032, 0036-38, 0059-62). DESORMEAUX teaches wherein individual cleaning profiles specify a pre-programmed duration and pattern of movement for the hydraulic cannon for cleaning the interior of the tank (see ¶ 0032, the cleaning protocol includes parameters of how cleaning device 106 is moved, including its travel path, direction, speed, and distance; moreover, because speed equals to distance divided by time, the duration of movement is inherently or implicitly included in the cleaning protocol).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify the combination of INNES and GREGORY such that the individual cleaning profiles specify a pre-programmed duration and pattern of movement for the hydraulic cannon for cleaning the interior of the tank, with reasonable expectation of cleaning the tank. It’s already known in the prior art for a railroad tank car cleaning system to have individual cleaning profiles specify a pre-programmed duration and pattern of movement for the hydraulic cannon for cleaning the interior of the tank (see DESORMEAUX). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR, 550 U.S. at 415-421; MPEP § 2143, A. The individual cleaning profiles, as modified, would still serve the same function as before (e.g., providing instructions for the hydraulic cannon), thereby yielding predictable results.
Regarding Claim 4, the combination of INNES, GREGORY, and DESORMEAUX teaches the cleaning system of claim 2. As explained above, INNES teaches a controller (CPU 78 and control software, see INNES at Fig. 10, ¶ 0175).
The combination does not explicitly teach: “wherein the controller is configured to automatically select at least one cleaning profile based on at least one of a size of the tank, a shape of the tank, and a material stored in the tank.”
But DESORMEAUX teaches that a controller (controller 104) may be configured to automatically select a cleaning profile based on at least one of a shape of the tank and a material stored in the tank (see ¶¶ 0037, 0059, 0068, determine cleaning protocol based the shape of the vessel and the material in the vessel). DESORMEAUX also reasonably suggests using the size of the tank as a factor, because DESORMEAUX teaches using size of area as a factor (see ¶ 0068) and one of ordinary skill in the art would readily understand that a larger tank has a larger area.
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to further modify the combination of INNES, GREGORY, and DESORMEAUX to configure the controller (CPU 78 and control software of INNES) to automatically select at least one cleaning profile based on at least one of a size of the tank, a shape of the tank, and a material stored in the tank, with reasonable expectation of cleaning the tank. First, a person of ordinary skill in the art would readily appreciate that, by having the controller automatically select the cleaning profile, it’s possible to reduce the user’s involvement, thereby saving time and energy for the user. Given this benefit, a person of ordinary skill in the art would’ve been motivated to configure the controller to automatically select at least one cleaning profile based on certain criteria (e.g., size of tank, shape of tank, material in tank), especially considering that the hydraulic cannon moves through the interior of the tank (as explained above). Second, it’s already known in the prior art for the controller (of a railroad tank car cleaning system) to automatically select at least one cleaning profile based on certain criteria, e.g., size of tank, shape of tank, material in tank (see DESORMEAUX). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR, 550 U.S. at 415-421; MPEP § 2143, A.
Regarding Claim 5, the combination of INNES and GREGORY teaches the cleaning system of claim 1.
Although the combination does not explicitly teach “wherein the one or more cleaning profiles are stored in electronic storage accessible by the controller,” this is inherently taught or reasonably expected based on the teachings of INNES. INNES discloses a computer (control station 75) having a controller (CPU 78) and control software (see ¶ 0175), the control software including the cleaning profiles (see ¶ 0177). A person of ordinary skill in the art would readily understand or reasonably expect that the control software is not just an idea in someone’s mind, but rather the software physically exists in a computer-readable medium, i.e., the software (including the cleaning profiles) is stored in an electronic storage accessible by the controller.
Alternatively, if the teachings of INNES do not clearly envisage storing the cleaning profiles in an electronic storage accessible by the controller, it still would’ve been obvious to one of ordinary skill in the art before the effective filing date to use an electronic storage (accessible by the controller) to store the cleaning profiles, with reasonable expectation of storing the profiles for repeated use. It’s already known in the prior art to store software in an electronic storage accessible by the controller (see DESORMEAUX at ¶¶ 0032-33, 0059). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421 (2007); MPEP § 2143, A. The electronic storage as incorporated would serve the same function as before (e.g., storing software therein), thereby yielding predictable results.
Regarding Claim 10, the combination of INNES and GREGORY teaches the cleaning system of claim 1. The combination teaches that the system is configured to map interior contours of the tank based on images captured by the camera (see INNES at ¶¶ 0180-81).
The combination does not explicitly teach that the system is configured to “automatically select at least one cleaning profile based on the mapped interior contours of the tank.”
DESORMEAUX teaches a cleaning system for cleaning a railroad tank car (see ¶ 0024); wherein the system is configured to map the interior contours of the tank (see, e.g., ¶¶ 0007-08, 0036-37, 0040, 0056); wherein the system comprises a controller (controller 104) configured to automatically select a cleaning profile based on the mapped interior contours of the tank (see abstract, ¶¶ 0007-08, 0036-37, 0056, 0061).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify the combination of INNES and GREGORY to configure the controller (i.e., CPU 78 and control software of INNES) to automatically select at least one cleaning profile based on the mapped interior contours of the tank, with reasonable expectation of cleaning the tank. First, a person of ordinary skill in the art would readily appreciate that, by having the controller automatically select the cleaning profile, it’s possible to reduce the user’s involvement, thereby saving time and energy for the user. Given this benefit, a person of ordinary skill in the art would’ve been motivated to configure the controller to automatically select at least one cleaning profile based on certain criteria (e.g., the mapped interior contours of the tank), especially considering that the hydraulic cannon moves through the interior of the tank (as explained above). Second, it’s already known in the prior art for the controller (of a railroad tank car cleaning system) to automatically select at least one cleaning profile based on certain criteria, e.g., the mapped interior contours of the tank (see DESORMEAUX). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR, 550 U.S. at 415-421; MPEP § 2143, A.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of INNES and GREGORY (as applied to Claim 1 above), in further view of COLE et al. (US PGPUB 20210283667).
Regarding Claim 6, the combination of INNES and GREGORY teaches the cleaning system of claim 1.
The combination does not explicitly teach: “one or more vehicles configured to transport at least the cannon assembly, the controller, the one or more holding tanks, and the filtration unit between railroad tank cars within a railyard.”
But it’s already known in the prior art for a railroad tank car cleaning system to have a vehicle (e.g., a truck). See COLE at Figs. 1-2, ¶¶ 0029, 0031-33. The vehicle provides the benefits of supporting and transporting various components of the cleaning system (see id.).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify the combination of INNES and GREGORY to incorporate a vehicle (e.g., a truck), with reasonable expectation of supporting and transporting various components of the cleaning system. First, a vehicle provides the benefits of supporting and transporting various components of the railroad tank car cleaning system; given these benefits, a person of ordinary skill in the art would’ve been motivated to incorporate such vehicle into the cleaning system as taught by the combination of INNES and GREGORY. Second, it’s already known in the prior art for a railroad tank car cleaning system to have a vehicle to support the system’s components (see COLE). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR, 550 U.S. at 415-421; MPEP § 2143, A. The vehicle as incorporated would serve the same function as before (e.g., supporting and transporting components of the cleaning system), thereby yielding predictable results.
In the resulting combination of INNES, GREGORY, and COLE: the incorporated vehicle (e.g., a truck) is structurally fully capable of transporting various components—e.g., the cannon assembly, the controller, the holding tank, and the filtration unit—between railroad tank cars within a railyard.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of DESORMEAUX, INNES, and GREGORY (as applied to Claim 1 above), in further view of COLE et al. (US PGPUB 20210283667).
Regarding Claim 6, the combination of DESORMEAUX, INNES, and GREGORY teaches the cleaning system of claim 1. As explained above, the cleaning system comprises components such as cannon assembly, controller, holding tank, and filtration unit.
Although the combination does not explicitly teach “one or more vehicles configured to transport at least the cannon assembly, the controller, the one or more holding tanks, and the filtration unit between railroad tank cars within a railyard,” it’s already known in the prior art for a railroad tank car cleaning system to have a vehicle (e.g., a truck). See COLE at Figs. 1-2, ¶¶ 0029, 0031-33. The vehicle provides the benefits of supporting and transporting various components of the cleaning system (see id.).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify the combination of DESORMEAUX, INNES, and GREGORY to incorporate a vehicle (e.g., a truck), with reasonable expectation of supporting and transporting various components of the cleaning system. First, a vehicle provides the benefits of supporting and transporting various components of the railroad tank car cleaning system; given these benefits, a person of ordinary skill in the art would’ve been motivated to incorporate such vehicle into the cleaning system as taught by the combination of DESORMEAUX, INNES, and GREGORY. Second, it’s already known in the prior art for a railroad tank car cleaning system to have a vehicle (see COLE). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR, 550 U.S. at 415-421; MPEP § 2143, A. The vehicle as incorporated would serve the same function as before (e.g., supporting and transporting components), thereby yielding predictable results.
In the resulting combination of DESORMEAUX, INNES, GREGORY, and COLE: the incorporated vehicle (e.g., a truck) is structurally fully capable of transporting various components—e.g., the cannon assembly, the controller, the holding tank, the filtration unit—between railroad tank cars within a railyard.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of INNES and GREGORY (as applied to Claim 8 above), in further view of LU et al. (US PGPUB 20170016796).
Regarding Claim 9, the combination of INNES and GREGORY teaches the cleaning system of claim 8. The combination teaches that the residual material on the interior surface of the tank may include oil (see INNES at abstract, ¶¶ 0002, 0009).
The combination does not explicitly teach: “the system is configured to utilize fluorescence-based imaging functionality to identify the residual material on the interior surface of the tank.” But it’s already known in the prior art to use a detection system having fluorescence-based imaging functionality to identify oil. See LU at abstract, Fig. 1, ¶¶ 0009, 0018. In particular, LU teaches the detection system comprises a light source and an imaging device (see Fig. 1, ¶ 0018).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify the combination of INNES and GREGORY to incorporate a detection system (comprising a light source and an imaging device) having fluorescence-based imaging functionality, with reasonable expectation of detecting oil in the tank. First, INNES teaches that the residual material on the interior surface of the tank may include oil, and LU teaches a detection system that can identify oil; given this benefit (e.g., allowing oil to be identified), a person of ordinary skill in the art would’ve been motivated to incorporate such detection system into the cleaning system as taught by the combination of INNES and GREGORY. Second, it’s already known in the prior art that the residual material on the interior surface of the tank may include oil (see INNES) and that oil can be identified using a detection system having fluorescence-based imaging functionality (see LU). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR, 550 U.S. at 415-421; MPEP § 2143, A. The detection system, as incorporated, would still serve the same function as before (e.g., using fluorescence-based imaging to identify oil), thereby yielding predictable results.
In the resulting combination of INNES, GREGORY, and LU: the cleaning system would comprise a detection system (comprising a light source and an imaging device) having fluorescence-based imaging functionality, which means the system would be structurally fully capable of performing the recited function of “utilize fluorescence-based imaging functionality to identify the residual material on the interior surface of the tank.”
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of INNES and GREGORY (as applied to Claim 8), in further view of SHARMA et al. (US PGPUB 20240420299).
Regarding Claim 9, the combination of INNES and GREGORY teaches the cleaning system of claim 8. The combination teaches that the residual material on the interior surface of the tank may include oil (see INNES at abstract, ¶¶ 0002, 0009).
The combination does not explicitly teach: “the system is configured to utilize fluorescence-based imaging functionality to identify the residual material on the interior surface of the tank.” But it’s already known in the prior art to use a detection system having fluorescence-based imaging functionality to identify oil. See SHARMA at abstract, Fig. 2A, ¶¶ 0060, 0063. In particular, SHARMA teaches the detection system comprises a light source and an imaging device (see Fig. 2A, ¶¶ 0060, 0063).
Before the effective filing date of the claimed invention, it would’ve been obvious to a person having ordinary skill in the art to modify the combination of INNES and GREGORY to incorporate a detection system (comprising a light source and an imaging device) having fluorescence-based imaging functionality, with reasonable expectation of detecting oil in the tank. First, INNES teaches that the residual material on the interior surface of the tank may include oil, and SHARMA teaches a detection system that can identify oil; given this benefit (e.g., allowing oil to be identified), a person of ordinary skill in the art would’ve been motivated to incorporate such detection system into the cleaning system as taught by the combination of INNES and GREGORY. Second, it’s already known in the prior art that the residual material on the interior surface of the tank may include oil (see INNES) and that oil can be identified using a detection system having fluorescence-based imaging functionality (see SHARMA). All the claimed elements were known in the prior art, and one skilled in the art could’ve combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See KSR, 550 U.S. at 415-421; MPEP § 2143, A. The detection system, as incorporated, would still serve the same function as before (e.g., using fluorescence-based imaging to identify oil), thereby yielding predictable results.
In the resulting combination of INNES, GREGORY, and SHARMA: the cleaning system would comprise a detection system (comprising a light source and an imaging device) having fluorescence-based imaging functionality, which means the system would be structurally fully capable of performing the recited function of “utilize fluorescence-based imaging functionality to identify the residual material on the interior surface of the tank.”
Relevant Prior Art
The following prior art—made of record and not relied upon—are considered pertinent to applicant's disclosure:
JANSEN et al. (US PGPUB 20160107205) teaches a railroad tank cleaning system (see Fig. 1, 0020) comprising: a hydraulic cannon (spray nozzle 14); a holding tank (knockout pot 32) for collecting waste product drained from the tank (see ¶ 0029); and a filtration unit (e.g., strainer 34 and/or filter assembly 46, see Fig. 1, ¶¶ 0029, 0031).
HEBERT (US PGPUB 20030209257) teaches a railroad tank car cleaning system comprising: a hydraulic cannon 16; a holding tank 24 for collecting waste product drained from the tank (see Fig. 1, ¶ 0031); and a filtration system 52 (see Fig. 1, ¶¶ 0031-32, 0042-43).
AHONEN (US Patent 4984593) teaches a railroad tank car cleaning system (see Fig. 1) comprising: a hydraulic cannon 3; a holding tank 4 for collecting waste product drained from the tank (see col. 3 line 5-8); and a filtration system 5 (see Fig. 1, col. 3 lines 9-13).
YOUNG et al. (US PGPUB 20190023234) teaches a railroad tank car cleaning system (¶ 0002, “The present disclosure is directed to systems . . . for cleaning (e.g., washing and sanitizing) the interior of an elongate, generally rectangular freight container, such as . . . a railroad car”), the system comprising an ultraviolet lamp that emits UV light inside the tank (see abstract, ¶¶ 0005-06, 0019, 0021, 0023-24, 0101-02, 0109).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/R.Z.Z./Examiner, Art Unit 1714
/KAJ K OLSEN/Supervisory Patent Examiner, Art Unit 1714