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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 828 (Examiner notes that “828” was erroneously used in the original filed drawings and does not appear to have been added to an appropriate location when the erroneous drawing was replaced).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “release button mechanically coupled to a retention member within the battery compartment housing” of claim 5 must be shown or the feature(s) canceled from the claim(s). Examiner suggests a detailed review of Figs. 8A-8B, in particular to ensure that the release button and retention member are properly labeled and shown in the proper locations to represent the “battery compartment in an open state” (as it is described in Paragraph 0030) and in accordance with the written description (see Paragraph 0100). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 6 is objected to because of the following informalities: for consistency, the preamble should match that of the other dependent claims (i.e., --The system of Claim 5--). Appropriate correction is required.
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 1-19 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.
Regarding claim 1, the claim recites “a compartment-receiving region” and “an exterior tank structure” in lines 12-14 after reciting the same in lines 2-3, raising the question of double inclusion and thus rendering the scope of the claim indefinite.
Regarding claim 8, the claim appears to require a biasing element that biases the battery compartment cover to an open position, but claim 1 requires the opposite (“the biasing element urging the battery compartment cover toward the closed position”, lines 19-20 of claim 1). It is unclear how both limitations can be satisfied.
Regarding claim 16, the claim recites “an annular rim that defines an aperture to allow for fluid ingress into or egress from the fluid tank” in lines 2-3 after reciting the same in lines 5-7 of claim 1, raising the question of double inclusion and thus rendering the scope of the claim indefinite.
The remaining claims are dependent upon claim 1 and thus inherit its deficiencies. In light of the indefiniteness issues described above, the claims will be interpreted according to Examiner’s best understanding.
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 1-6, 8-10, 12-13, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gustafson et al. (US 2019/0388918) in view of Alexander et al. (US 2020/0197983).
Regarding claims 1-4, Gustafson et al. disclose a portable fluid tank system(10; Fig. 1), comprising:
a fluid tank (see housing 12; Paragraph 0028) comprising an internal volume (16) for holding a fluid and an exterior tank structure (outer shell of 12), the exterior tank structure being contoured to define a compartment-receiving region formed along an upper portion of the fluid tank (see Figs. 1-2);
a fluid access opening (see annotated Fig. 1 below) formed within an upper portion of the fluid tank, the access opening including an annular rim defining an aperture allowing for fluid ingress into or egress from the fluid tank (“The tank is accessed through a threaded cap 18 that incorporates a carry handle 20”; Paragraph 0028; Fig. 1);
a fluid actuation system (including 26, 54, 56, 60, 40, etc.; see Figs. 1-2) configured to facilitate controlled movement and pressurization of the fluid in the internal volume of the fluid tank for ejection through a conduit (Paragraph 0030);
a battery compartment housing (38 with 28 forming a bottom) defining a cavity to accommodate a removable energy storage device (Paragraph 0029; Figs. 1-2), the removable energy storage device (36) configured to electrically couple and provide energy to the fluid actuation system (Paragraphs 0029-0030), the battery compartment housing being positioned within the compartment-receiving region, with opposing exterior wall portions of the battery compartment housing at least partially bounded by corresponding portions of the exterior tank structure (see Fig. 1), such that the battery compartment housing is recessed within an outer profile of the fluid tank (see Fig. 2);
a battery compartment cover (30) pivotably joined to the battery compartment housing (via 32 at top of 28) and moveable between an open position allowing access to the cavity through an upper opening of the battery compartment housing and a closed position concealing the cavity (Paragraph 0029; closed position shown in Fig. 2). Gustafson et al. is silent regarding a biasing element associated with the battery compartment cover.
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Fig. 1 of Gustafson et al., annotated by Examiner
Alexander et al. teach a similar battery compartment configuration (Fig. 5), having a battery compartment cover (52) and a battery compartment housing (38/40 of 18), in which a biasing element (58) is associated with the battery compartment cover, the biasing element urging the battery compartment cover toward the closed position to effectuate movement of the battery compartment cover from the open position to the closed position without detaching (Paragraph 0069). Alexander et al. teach the use of the biasing element along with a seal (56) to provide weather/water resistance (Paragraph 0069).
Alexander et al. further teach that the biasing element comprises a torsion spring (58; Paragraph 0069) positioned around a hinge pin (54; Fig. 5) that pivotably joins the battery compartment cover to the battery compartment housing, the torsion spring having a first arm in mechanical communication with the battery compartment cover and a second arm in mechanical communication with the battery compartment housing (see Fig. 5), wherein the torsion spring is configured to provide a rotational force to the battery compartment cover, urging the battery compartment cover toward the closed position when the battery compartment cover is not manually held open, thereby enabling the battery compartment cover to automatically and pivotally close in the absence of an external force maintaining the battery compartment cover in the open position (Paragraph 0069), as recited in claim 2.
The cited passage of Alexander et al. further teaches the limitations “wherein the biasing element is configured to enable the battery compartment cover to automatically transition from the open position to the closed position upon release of any manual or mechanical hold, without requiring active intervention from a user, thus effectuating automatic closure of the battery compartment cover” and “wherein the biasing element that exerts a force on the battery compartment cover to pivot from the open position to the closed position” recited in claims 3 and 4.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the system of Gustafson et al. with a battery compartment hinge having a torsion spring around a hinge pin, along with a seal around the opening, as taught by Alexander et al., in order to ensure that the battery compartment remains sealed from liquid infiltration when not being opened for battery replacement or similar needs. One having ordinary skill in the art would additionally recognize that doing so would prevent damage to the cover if it is accidentally left unsecured during use. By including these features, the modified system of Gustafson et al.-Alexander et al. satisfies all the limitations of claims 1-4.
Regarding claims 5-6, Gustafson et al.-Alexander et al. in combination disclose the system of claim 1. Gustafson et al. further disclose a release button (34) mechanically coupled to a retention member (latch on housing 12) within the battery compartment housing, wherein the release button is configured to disengage the retention member upon actuation (Paragraph 0029). When Gustafson et al. is modified in view of Alexander et al. as described above regarding claim 1, these features would additionally satisfy the limitation “wherein disengagement of the retention member by the release button allows for manual opening of the battery compartment cover against a biasing force provided by the biasing element that biases the battery compartment cover towards the closed position”, as claimed in claim 5.
Gustafson et al. further disclose that the retention member includes a latch that engages with a corresponding structure on the battery compartment cover (release button 34 is on the battery compartment cover), the latch being disengageable in response to activation of the release button (Paragraph 0029), as claimed in claim 6.
Regarding claim 8, Gustafson et al.-Alexander et al. in combination disclose the system of claim 1. Gustafson et al. further disclose a retention member (latch on housing 12; Paragraph 0029). The latch disclosed by Gustafson et al. is capable of releasably retaining the battery compartment cover in the closed position against a force of a biasing element, if the biasing element is configured to bias the cover open. This capability satisfies the claim according to Examiner’s best understanding.
Regarding claim 9, Gustafson et al.-Alexander et al. in combination disclose the system of claim 1, wherein the biasing element is a spring, as described above.
Regarding claim 10, Gustafson et al.-Alexander et al. in combination disclose the system of claim 1, including a sealing member positioned to provide a seal between the battery compartment cover and the battery compartment housing when the battery compartment cover is in the closed position, as described above.
Regarding claims 12-13, Gustafson et al.-Alexander et al. in combination disclose the system of claim 1. Gustafson et al. further disclose that the closed position of the battery compartment cover fully encloses the battery between the battery compartment cover and the battery compartment housing (see Fig. 2). It follows that the open position of the battery compartment cover can be defined as any angular position of the battery compartment cover relative to the battery compartment housing that is greater than 0 degrees (i.e., no longer fully enclosing the battery) and up to a maximum angle at which the battery compartment cover remains at least partially supported by the battery compartment housing without detaching (cover is permanently supported via hinge). Furthermore, the feature recited in claim 13 “a plane of the battery compartment housing” is not defined as relating to any particular surfaces or structural features, and thus the device of Gustafson et al. meets the limitation “wherein the battery compartment cover is considered to be in an open position when it forms an angle of at least 15 degrees with a plane of the battery compartment housing, enabling unobstructed access to the cavity” according to Examiner’s best understanding (e.g., a plane could be defined among the many surfaces in the illustrated embodiment such that, once opened, an angle of at least 15 degrees would be formed and that unobstructed access to the cavity would be enabled, as the opening of the cover is what enables replacement of the battery).
Regarding claim 15, Gustafson et al.-Alexander et al. in combination disclose the system of claim 1. Gustafson et al. further disclose a mounting assembly coupled to the fluid tank (at back of housing 12), the mounting assembly comprising a first engagement member (back of 12 contains features to receive screws; Paragraph 0028) being configured to mechanically engage with a complementary second engagement member (screws) of an external docking assembly (14), wherein engagement of the first engagement member and the second engagement member secures the portable fluid tank system to the external docking assembly (Paragraph 0028).
Regarding claim 18, Gustafson et al.-Alexander et al. in combination disclose the system of claim 1. Gustafson et al. further disclose a first handle (20) positioned on a top surface of the fluid tank (Figs. 1-5); and a second handle (straps of 14; Fig. 1) positioned on a side surface of the fluid tank (14 is mounted to the back side of 12; Paragraph 0028).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gustafson et al. in view of Alexander et al., as applied to claim 1 above, and further in view of Valentini (US 2022/0072677).
Gustafson et al.-Alexander et al. in combination disclose the system of claim 1, but fail to disclose a magnetic element affixed to the battery compartment housing.
Valentini teach a similar battery compartment configuration (Fig. 3), having a battery compartment cover (48) and a battery compartment housing (4), in which a magnetic element cooperates with a corresponding metallic component to create a magnetic bond holding the battery compartment cover in the closed position (“cover element 48 may be held in its closed position by appropriate securing means. . . [t]he securing means may be operated mechanically (e.g. a snap lock, a latch lock or a snap-in or latching element) or in any other manner, e.g. magnetically”; Paragraph 0035).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the combined invention of Gustafson et al.-Alexander et al. with a magnetic securing means in place of the mechanical latch described in the disclosure of Gustafson et al., as Valentini teaches that either is appropriate for the purpose. One having ordinary skill in the art would be capable of making the substitution with predictable results. Though Valentini does not explicitly teach the claimed arrangement of a magnetic element affixed to the battery compartment housing and a corresponding metallic component on the battery compartment cover, one having ordinary skill in the art would recognize that there are a finite number of feasible arrangements and could have pursued the known potential arrangements with a reasonable expectation of success. Having done so, the battery compartment cover of the modified device could be manually opened by applying a force sufficient to overcome the magnetic bond, against a bias of the biasing element, thus arriving at the claimed invention.
Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gustafson et al. in view of Alexander et al., as applied to claim 1 above, and further in view of Bunnell et al. (WO 2023/038917).
Regarding claim 16, Gustafson et al.-Alexander et al. in combination disclose the system of claim 1. Gustafson et al. further disclose a spill face integrally formed with the fluid tank (see annotated Fig. 1 above), the spill face including an annular rim that defines an aperture to allow for fluid ingress into or egress from the fluid tank, as described above regarding claim 1. Neither Gustafson et al. nor Alexander et al. disclose an annular rim comprising an upper segment and a lower segment as claimed.
Bunnell et al. teach a similar system having a spill face integrally formed with the fluid tank, the spill face including an annular rim that defines an aperture to allow for fluid ingress into or egress from the fluid tank (see Fig. 1; these features are not shown, but are inherent as an attachment means for the removable cap 30 allowing access to the fluid reservoir; Paragraph 0027), wherein the annular rim comprises an upper segment and a lower segment, with the upper segment positioned at a higher elevation compared to the lower segment (see cap 30 in Fig. 3, covering the spill face and located on an angled surface such that an upper segment is higher than a lower segment). Bunnell et al. teach these features as part of a configuration in which a top handle is located off-center such that the contents of the container can be poured by tilting the container to one side (see Figs. 1-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to modify the combined invention of Gustafson et al.-Alexander et al. such that the spill face is mounted on an angled surface next to an off-center handle, as taught by Bunnell et al., since Bunnell et al. teach that this is a suitable alternative arrangement for such a device. One having ordinary skill in the art would be capable of making such a substitution with predictable results, and would further recognize that this arrangement enables the contents of the tank to be poured out more easily than the arrangement illustrated by Gustafson et al. Since the battery compartment housing of the combined invention is centrally located at the upper portion of the tank, this modification would result in an upper segment of the spill face being closer to the centerline of the device, thus resulting in the upper segment being located in closer proximity to the battery compartment housing than the lower segment, arriving at the claimed invention.
Regarding claim 19, Gustafson et al.-Alexander et al. in combination disclose the system of claim 1, but fail to disclose that the fluid actuation system comprises a diaphragm pump.
Bunnell et al. teach a similar system including a diaphragm pump (70; Paragraph 0033), the diaphragm pump being configured to oscillate a flexible diaphragm to variably alter the internal volume, thereby facilitating intake, pressurization, or ejection of the fluid through a conduit (a configuration inherent in a diaphragm pump employed as described by Bunnell et al.). Bunnell et al. teach that this is one of several types of pumps suitable for the purpose of dispensing fluid from a reservoir via pressurization (Paragraph 0033).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the combined invention of Gustafson et al.-Alexander et al. with a diaphragm pump, as taught by Bunnell et al. teach that this type of pump is suitable for the same purpose (see Paragraph 0030 of Gustafson et al.). One having ordinary skill in the art would be capable of making such a substitution with predictable results.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Gustafson et al. in view of Alexander et al., as applied to claim 1 above, and further in view of Gutsmann et al. (US 2019/0000066).
Gustafson et al.-Alexander et al. in combination disclose the system of claim 1. Gustafson et al. further disclose a multi-state control interface (50), positioned on an exterior of the portable fluid tank system (Paragraph 0030; Figs. 2-3), the multi-state control interface configured to enable transition between various states of operation of the fluid actuation system (selecting desired pressure output; Paragraph 0032). Gustafson et al. further discloses a communication module (“variable pressure controller 50 [. . .] communicates with a controller housing 52”; Paragraph 0030). However, both Gustafson et al. and Alexander et al. are silent regarding a wireless communication network.
Gutsmann et al. teach a portable fluid tank system (see the Abstract; Fig. 1) having a communication module (18) configured to interpret and execute command signals received from a remote transmitting device (C or D can act as a remote control; Paragraphs 0117, 0124, and 0141) via a wireless communication network (60). Gutsmann et al. teach that this configuration enables information to be stored on a remote device for further processing or use (e.g., inventory control, invoicing, logistical planning, documentation, etc.; Paragraph 0147), in addition to the remote control function.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the combined invention of Gustafson et al.-Alexander et al. with a communication module utilizing a wireless communication network, as taught by Gutsmann et al., in order to transmit information to a remote device for further processing or use, as well as to enable remote control. Doing so would provide the modified system with the ability to activate the fluid actuation system through direct user interaction with the multi-state control interface or remotely via a remote transmitting device, thus arriving at the claimed invention.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-19 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. The amendments dated 3/16/2026 have distinguished the claimed invention from the Mantes reference, which describes a portable fluid tank system having a battery compartment separated from the fluid tank. However, upon further search and consideration necessitated by the amendments, new grounds of rejection have been applied under 35 U.S.C. 103 to address the added limitations drawn to a more integrated device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form. In particular, Zhang (US 10,137,465) provides another example of a portable fluid tank system having structural features relevant to the amended claims of the instant application.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C PATTERSON whose telephone number is (571)270-5558. The examiner can normally be reached M-F 7:30-4:00 CST.
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/MICHAEL C PATTERSON/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 May 27, 2026
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