DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/21/2026 has been entered.
Election/Restrictions
The status of the claims for this application is as follows.
Claims 1 and 21-29 is currently pending.
Claims 2-20 are cancelled.
Claims 22-29 are newly added.
Claim Objections
Applicant’s amendment to the claim had made moot the previous claim objection.
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.
Claims 23 and 29 are 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 23 which depends from claim 1 recites “three openings consisting of a first end opening, a second end opening”. Claim 1 also recites the “three openings”, the “a first end opening”, and the “a second end opening”. Is claim 23 requiring a new and different “three openings”, “a first end opening”, and “a second end opening” or has claim 23 improperly set forth the antecedent basis of these terms?
Claim 29 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. It is substantially an omnibus type claim.
The claims are rejected as best understood.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taraszkiewicz et al. (US 9631355), (hereinafter, Taraszkiewicz).
1. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997).
2. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Re Clm 1: Taraszkiewicz discloses a fluid transfer device (see Figs. 1-5) for use with recreational vehicles (RV) and other mobile waste-handling vehicles, comprising
a hose having a defined set of three openings (at 30, 32 and the top opening as illustrated in Fig. 4) consisting of
a first end opening (at 30),
a second end opening (at 32), and
a third permanent opening (the top opening as illustrated in Fig. 4) extending from the hose's outer wall through its inner wall along substantially the entire length of the hose (Fig. 4), the third permanent opening being configured to remain open during intended operation (Fig. 4), thereby providing generally continuous full-length access to the interior of the hose independent of the hose's material or structural configuration (Fig. 4).
Re Clm 21: Taraszkiewicz discloses wherein the third permanent opening provides generally continuous full-length access (Fig. 4) for disinfecting the hose and, when a disposable fluid conduit liner is used, enables insertion and removal of the liner through said opening (Fig. 4).
Re Clm 22: Taraszkiewicz discloses wherein the third permanent opening defines a generally continuous full-length access pathway (Fig. 4), and the hose is configured for use as a wastewater sewer hose for recreational vehicles (RV) and other mobile waste-handling vehicles (Fig. 4).
Re Clm 23: Taraszkiewicz discloses wherein the hose is configured for use with or without an internal liner (Fig. 4) and has three openings consisting of a first end opening, a second end opening, and the third permanent opening (Fig. 4).
Re Clm 24: Taraszkiewicz discloses wherein the third permanent opening comprises either a continuous longitudinal slot (Fig. 4) or a series of adjacent or partially open segments that collectively form a functionally continuous opening along the hose.
Re Clm 25: Taraszkiewicz discloses wherein the hose is formed from any suitable material (Fig. 4) or construction (Fig. 4), provided that it maintains the required three-opening structure (Fig. 4).
Re Clm 26: Taraszkiewicz discloses wherein the third permanent opening remains unobstructed during intended operation along substantially the entire length of the hose (Figs. 4 and 5), enabling disinfecting (Figs. 4 and 5) or insertion and removal of a disposable fluid conduit liner (Figs. 4 and 5).
Re Clm 27: Taraszkiewicz discloses wherein the third permanent opening provides generally continuous access to the interior of the hose (Figs. 4 and 5) for disinfecting, inspection, or maintenance operations performed independently of the disposable fluid conduit liner (Figs. 4 and 5).
Re Clm 28: Taraszkiewicz discloses wherein the third permanent opening is formed as a structural feature of the hose wall that maintains a fixed, open geometry along substantially the entire length of the hose, resisting closure (Figs. 4 and 5) or deformation during intended operation (Figs. 4 and 5).
Re Clm 29: Taraszkiewicz discloses wherein the third permanent opening maintains its structural openness (Figs. 4 and 5) when the hose is formed from flexible, semi-rigid, rigid, composite, or multi-layer materials, as supported by the specification.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A LINFORD whose telephone number is (571)270-3066. The examiner can normally be reached Monday thru Friday: 8:00 am to 5:00 pm Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES ALBERT LINFORD
Examiner
Art Unit 3679
08/04/2026
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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