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 .
It is noted that the instant application is a continuation-in-part of US Patent Application No. 17/118,360, filed December 10, 2020. Any information considered in the parent application has been considered in the instant application.
The specification, abstract, drawings and claims of February 7, 2024 are under examination.
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were submitted on April 29, 2024. The submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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, the second fluid mover positioned at the second end of the transport pipe [Claims 5, 12, 19] must be shown or the feature(s) canceled from the claim(s). The drawings show the second fluid mover at the first end of the transport pipe, but fail to show the second fluid mover at the second end of the transport pipe. 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.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 10-20 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(s) 10, the claim is considered indefinite because the language “wherein the first fluid mover moves fluid into and through the intake and into an inlet of the transport pipe at the first end, and wherein the fluid rises from the second end to the first end, thereby venting the transport pipe” is unclear. The language is unclear because fluid is moved by the mover into an inlet at the first end, but then the fluid rises from the second end to the first end. The air would not be able to rise to the first end if the inlet is at the first end. The claim language should be amended to clarify from which end the air moves. The claim language will be treated as the inlet is at the second end.
Regarding Claim(s) 15, the claim sets forth “an inlet at the second end”. This is unclear because claim 10 recites “an inlet of the transport pipe at the first end”. Is claim 15 setting forth an additional inlet, or is there a conflict in the location of the inlet?
Regarding Claim(s) 17, the claim is considered indefinite because the language “wherein the first fluid mover moves fluid into and through the intake and into an inlet of the transport pipe at the first end, and wherein the fluid rises from the second end to the first end, thereby venting the transport pipe” is unclear. The language is unclear because fluid is moved by the mover into an inlet at the first end, but then the fluid rises from the second end to the first end. The air would not be able to rise to the first end if the inlet is at the first end. The claim language should be amended to clarify from which end the air moves. The claim language will be treated as the inlet is at the second end.
Regarding Claim(s) 20, the claim sets forth “an inlet at the second end”. This is unclear because claim 17 recites “an inlet of the transport pipe at the first end”. Is claim 20 setting forth an additional inlet, or is there a conflict in the location of the inlet?
Claims 11-16, 18-20 are rejected as being dependent upon a rejected base claim.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sundholm (US Pub 20120155975 A1).
Regarding Claim(s) 1, Sundholm teaches a waste collection and transport system comprising: a transport pipe (refuse chute 1) extending from a first end (upper end) to a second end (lower end); a loading station (aperture 4 and hatch 7) for inputting materials into the system and a chute (structure between aperture 4 and the chute 1); wherein the chute extends between the loading station and the transport pipe (as illustrated); and an intake (replacement air aperture 15 and passage 40) configured to receive and circulate a fluid (“air”) to the transport pipe, wherein the fluid enters the transport pipe at the second end and rises to the first end, thereby venting the transport pipe (the air aperture 15 as well as the connection of passage 40 to the refuse chute is located at the lower second end of the refuse chute 1; therefore, the air would rise).
Regarding Claim(s) 2, Sundholm teaches the intake extends from the first end to the second end and is positioned parallel to the transport pipe (Figure 7 shows the passage 40 extending parallel to the refuse chute 1 and extending from the first end to the second end).
Regarding Claim(s) 3, Sundholm teaches a first fluid mover (pump device 10’) configured to circulate air into the intake (through valve 42’).
Regarding Claim(s) 4, Sundholm teaches a second fluid mover (pump device 10) configured to circulate air through the transport pipe (through valves 23 and 29).
Regarding Claim(s) 5, the second fluid mover is positioned at at least one of the first end of the second end of the transport pipe (the pump device 10 is positioned at the first end of the refuse chute 1).
Regarding Claim(s) 6, the fluid comprises air (“replacement air”).
Regarding Claim(s) 7, the loading station further includes a door (hatch 7).
Regarding Claim(s) 8, the transport pipe includes an inlet (air aperture 15 and where passage 40 connects to the refuse chute 1) at the second end for receiving the fluid from the intake and an exhaust (the connection between the top end 2 of the chute 1 and the pump device 10) at the first end for exhausting the fluid out of the transport pipe.
Regarding Claim(s) 9, Sundholm teaches a connector pipe (horizontal portion of passage 40) connecting an outlet of the intake and the inlet of the transport pipe.
Regarding Claim(s) 10, Sundholm teaches a waste collection and transport system comprising: a transport pipe (refuse chute 1) extending from a first end (upper end) to a second end (lower end); a loading station (aperture 4 and hatch 7) for inputting materials into the system and a chute (structure between aperture 4 and the chute 1); wherein the chute extends between the loading station and the transport pipe (as illustrated); an intake (passage 40) configured to receive and circulate a fluid (“air”) to the transport pipe; and a first fluid mover (pump device 10’) configured to circulate air into the intake (through valve 42’), wherein first fluid mover moves fluid into and through the intake and into an inlet (where passage 40 connects to the refuse chute 1) of the transport pipe at the first end (this is interpreted as –second end --), and wherein the fluid rises from the second end to the first end, thereby venting the transport pipe (the connection of passage 40 to the refuse chute is located at the lower second end of the refuse chute 1; therefore, the air would rise).
Regarding Claim(s) 11, Sundholm teaches a second fluid mover (pump device 10) configured to circulate air through the transport pipe (through valves 23 and 29).
Regarding Claim(s) 12, the second fluid mover is positioned at at least one of the first end of the second end of the transport pipe (the pump device 10 is positioned at the first end of the refuse chute 1).
Regarding Claim(s) 13, the fluid comprises air (“air”).
Regarding Claim(s) 14, the loading station further includes a door (hatch 7).
Regarding Claim(s) 15, the transport pipe includes an inlet (where passage 40 connects to the refuse chute 1) at the second end for receiving the fluid from the intake and an exhaust (the connection between the top end 2 of the chute 1 and the pump device 10) at the first end for exhausting the fluid out of the transport pipe.
Regarding Claim(s) 16, Sundholm teaches a connector pipe (horizontal portion of passage 40) connecting an outlet of the intake and the inlet of the transport pipe.
Regarding Claim(s) 17, Sundholm teaches a waste collection and transport system comprising: a transport pipe (refuse chute 1) extending from a first end (upper end) to a second end (lower end); a loading station (aperture 4 and hatch 7) for inputting materials into the system and a chute (structure between aperture 4 and the chute 1); wherein the chute extends between the loading station and the transport pipe (as illustrated); an intake (passage 40) configured to receive and circulate a fluid (“air”) to the transport pipe; and a first fluid mover (pump device 10’) configured to circulate air into the intake (through valve 42’); a second fluid mover (pump device 10) configured to circulate air through the transport pipe (through valves 23 and 29), wherein first fluid mover moves fluid into and through the intake and into an inlet (where passage 40 connects to the refuse chute 1) of the transport pipe at the first end (this is interpreted as –second end --), and wherein the second fluid mover moves the fluid from the second end to the first end (pump device 10 pulls air up through the transport pipe), thereby venting the transport pipe.
Regarding Claim(s) 18, Sundholm teaches the intake extends from the first end to the second end and is positioned parallel to the transport pipe (Figure 7 shows the passage 40 extending parallel to the refuse chute 1 and extending from the first end to the second end).
Regarding Claim(s) 19, the second fluid mover is positioned at at least one of the first end of the second end of the transport pipe (the pump device 10 is positioned at the first end of the refuse chute 1).
Regarding Claim(s) 20, the transport pipe includes an inlet (where passage 40 connects to the refuse chute 1) at the second end for receiving the fluid from the intake and an exhaust (the connection between the top end 2 of the chute 1 and the pump device 10) at the first end for exhausting the fluid out of the transport pipe.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM RAY HARP whose telephone number is (571)270-5386. The examiner can normally be reached Monday-Friday, 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL MCCULLOUGH can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WILLIAM R HARP/ Primary Examiner, Art Unit 3653