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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, open second end of the hose of claim 1, the seal of claim 9, the lip feature of claim 8 must be shown or the feature(s) canceled from the claim(s). Reference number 235 is supposed to be pointing to the lip feature, but the examiner see no lip feature anywhere near where reference number 235 is pointing to. 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 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, 2, 9-11, 13 and 14 is/are rejected under 35 U.S.C. 102(A)(1) as being anticipated by Burkhard (2016/0228931).
Regarding claim 1, Burkhard shows A rinse device comprising a housing part (3) and a rinse hose (22 and 10 are being considered the hose), the housing part having a first end configured to be attached to a supply of pressurized fluid and a second end to which a first end of the rinse hose is attached (fig 1), a second end of the hose is open (the hose is open with outlet 11) to allow fluid to flow out of the hose, in use; the housing part defining a cavity through which pressurized fluid from the supply flows (fig 1), in use, from the first end to the rinse hose, the rinse hose being a flexible and extendible hose provided with a plurality of openings (11) through which the pressurized fluid is ejected; and wherein the rinse hose comprises an elongate tube through which the fluid flows (fig 1), in use, the openings provided through the elongate tube (fig 1), and wherein the elongate tube has a first, shrunk configuration in which the length of the tube is such that the second end of the hose it at a first distance from the housing, and a second, extended configuration in which the second end of the hose it at a second distance from the housing [0044], the second distance being greater than the first distance, and wherein the tube is configured to extend from the first configuration to the second configuration in response to a predetermined pressure of fluid being present in the housing cavity.
Regarding claim 2, wherein the elongate tube is elastic or resilient such that it returns to the first configuration in the absence of the predetermined pressure of fluid in the housing cavity ([0044]).
Regarding claim 9, further comprising a seal between the housing part and the hose a seal inherently exists between 22 and 3 or the fluid would leak out).
Regarding claim 10, A tank [0001] having a tank wall defining a tank interior, and the rinse device as claimed in claim 1 mounted to the tank wall (23’) such that the second end of the rinse hose is located inside the tank interior.
Regarding claim 11, further comprising a port provided on the exterior of the tank and in fluid communication with the housing part, the port configured to be attached to a rinse fluid supply (fig 2, the hole in 23’ is the port).
Regarding claim 13, Burkhard teaches a A method of cleaning the tank as claimed in claim 10, the method comprising providing a rinse fluid to the hose via the housing part from a rinse fluid supply (inherent to the use of Burkhard), the rinse fluid entering the hose and causing the hose to extend from the first configuration to the second configuration and causing the rinse fluid inside the hose to spray out from the hose into the interior of the tank (this is how Burkhard works).
Regarding claim 14, further comprising switching off the supply of rinse fluid to the hose, causing the hose to return to the first configuration (this is how Burkhard works).
Claim(s) 1, 2, 9 is/are rejected under 35 U.S.C. 102(A)(1) as being anticipated by Grieve et al. (5,607,107).
Regarding claim 1, Grieve et al shows A rinse device comprising a housing part (8) and a rinse hose (2), the housing part having a first end configured to be attached to a supply of pressurized fluid and a second end to which a first end of the rinse hose is attached (fig 1), a second end of the hose is open (fig 3) to allow fluid to flow out of the hose, in use; the housing part defining a cavity through which pressurized fluid from the supply flows (fig 3), in use, from the first end to the rinse hose, the rinse hose being a flexible and extendible hose provided with a plurality of openings (18) through which the pressurized fluid is ejected; and wherein the rinse hose comprises an elongate tube through which the fluid flows (fig 3), in use, the openings provided through the elongate tube (fig 3), and wherein the elongate tube has a first, shrunk configuration in which the length of the tube is such that the second end of the hose it at a first distance from the housing (fig 1), and a second, extended configuration (fig 3) in which the second end of the hose it at a second distance from the housing [0044], the second distance being greater than the first distance, and wherein the tube is configured to extend from the first configuration to the second configuration in response to a predetermined pressure of fluid being present in the housing cavity.
Regarding claim 2, wherein the elongate tube is elastic or resilient such that it returns to the first configuration in the absence of the predetermined pressure of fluid in the housing cavity (fig 1, 3)
Regarding claim 9, further comprising a seal between the housing part and the hose a seal inherently exists between 2 and 8 or the fluid would leak out).
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burkhard (2016/0228931).
Regarding claim 12, Burkhard shows all aspects of the applicant’s invention as in claim 10, but fails to show that the tank is a waste tank for an aircraft.
The examiner notes that waste tanks are well known in aircrafts and they have a need to be cleaned.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use the device of Burkhard in a waste tank of aircraft in order to clean the inside of the waste tank.
Claim(s) 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burkhard (2016/0228931) in view of Berardi (2012/0234425)
Regarding claim 3-5, Burkhard shows all aspects of the applicant’s invention as in claim 2, but fails to disclose wherein the elongate tube is made of latex; wherein the rinse hose includes a flexible and extendible sleeve around the elongate tube, the openings provided through the tube and the sleeve, and the sleeve configured to extend as the tube extends, and, where the tube is elastic or resilient, to also return to its shrunk configuration as the tube returns to its first configuration and wherein the sleeve is made of a polyester material.
Berardi teaches a flexible and extendable hose (13) with an inner hose (14) made of latex [0043]. The flexible and extendable rinse hose includes a flexible and extendible sleeve (12) around the elongate tube, and the sleeve configured to extend as the tube extends (sleeve 12 is bunched up in the compressed position and extended in the extended position), where the tube is elastic or resilient, to also return to its shrunk configuration as the tube returns to its first configuration (this is how Berardi works) and wherein the sleeve is made of a polyester material [0043].
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to make the rinse hose of Burkhard out of latex and have an external, polyester sleeve surrounding the latex hose as taught by Berardi, in order to protect the inner hose.
The examiner notes that one of ordinary skill in the art would know that the openings would have to be provided through both the tube and the sleeve, in order for the fluid to exit the hose.
Regarding claim 6, wherein the openings comprises first openings provided through the elongate tube and second openings provided through the sleeve (openings in each of the tube and the sleeve would be required for fluid to exit).
Regarding claim 7, one of ordinary skill in the art would know that the first openings and the second openings would have to be coaxial in the second or extended configuration in order for the fluid to exit though the first and second opening and to the exterior of the hose.
Claim(s) 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grieve et al. (5,607,107).in view of Berardi (2012/0234425)
Regarding claim 3-5, Grieve et al. shows all aspects of the applicant’s invention as in claim 2, but fails to disclose wherein the elongate tube is made of latex; wherein the rinse hose includes a flexible and extendible sleeve around the elongate tube, the openings provided through the tube and the sleeve, and the sleeve configured to extend as the tube extends, and, where the tube is elastic or resilient, to also return to its shrunk configuration as the tube returns to its first configuration and wherein the sleeve is made of a polyester material.
Berardi teaches a flexible and extendable hose (13) with an inner hose (14) made of latex [0043]. The flexible and extendable rinse hose includes a flexible and extendible sleeve (12) around the elongate tube, and the sleeve configured to extend as the tube extends (sleeve 12 is bunched up in the compressed position and extended in the extended position), where the tube is elastic or resilient, to also return to its shrunk configuration as the tube returns to its first configuration (this is how Berardi works) and wherein the sleeve is made of a polyester material [0043].
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to make the rinse hose of Grieve et al. out of latex and have an external, polyester sleeve surrounding the latex hose as taught by Berardi, in order to protect the inner hose.
The examiner notes that one of ordinary skill in the art would know that the openings would have to be provided through both the tube and the sleeve, in order for the fluid to exit the hose.
Regarding claim 6, wherein the openings comprises first openings provided through the elongate tube and second openings provided through the sleeve (openings in each of the tube and the sleeve would be required for fluid to exit).
Regarding claim 7, one of ordinary skill in the art would know that the first openings and the second openings would have to be coaxial in the second or extended configuration in order for the fluid to exit though the first and second opening and to the exterior of the hose.
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 8, the prior art fails to disclose or render obvious that the first or the second openings are provided with a lip feature to engage with the other of the second and first openings, in combination wit the limitations of the claims it depends from.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 10/6/2025