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 .
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 4-6 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.
Claims 4-6, which depend on claim 1, recite: “a surface level created by the liquid within the closed system”. Claim 1 recites: “a surface level created by the liquid within the closed system”. As claimed, it is unclear whether the surface level recited in claims 4-6 are the same surface level introduced in claim 1 or an entirely different surface level. For examination purposes, the limitation of “a surface level” recited in claims 4-6 has been construed as the same surface level introduced in claim 1,
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.
Claims 1-8, 10-16, and 18-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krajicek (US 4945933 A).
Referring to claim 1: Krajicek discloses a cleaning system (shown in Fig. 1; “cleaning the interior of storage tanks of the type used for storing large volumes of liquids” Abstract) for cleaning a floor (floor of 100 shown in Fig. 3) of a closed system (100 Figs. 2 and 3) containing liquid, the system comprising:
a cleaner (300/ 500 Figs. 2 and 3);
wherein the cleaner is configured to clean the floor (floor of 100 shown in Fig. 3) of the closed system (100 Figs. 2 and 3);
wherein the cleaner is configured to selectively enter and exit (selectively enter and exit via 110/116 Figs. 2 and 3) the closed system (100 Figs. 2 and 3);
wherein the cleaner enters (enters via 110/116 Figs. 2 and 3) the closed system (100 Figs. 2 and 3) at a position located below a surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system (100 Figs. 2 and 3).
Referring to claim 2: Krajicek discloses the system of claim 1, further comprising:
a gate complex (110/116 Figs. 2 and 3; “gate valve 110” Col. 14, lines 33-38);
wherein the gate complex (110/116 Figs. 2 and 3) is configured to allow selective access (selective access via 116 Figs. 2 and 3) into the closed system (100 Figs. 2 and 3);
wherein the gate complex (110/116 Figs. 2 and 3) is located below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system (100 Figs. 2 and 3).
Referring to claim 3: Krajicek discloses the system of claim 1, further comprising:
a box system (200 Figs. 2 and 3); the box system having an interior volume (shown in Figs. 2 and 3);
wherein the box system (200 Figs. 2 and 3) is configured to operably connect to the closed system (100 Figs. 2 and 3);
wherein the cleaner (300/ 500 Figs. 2 and 3) is initially positioned at least partially within the interior volume (shown partially within in Fig. 2) of the box system (200 Figs. 2 and 3).
Referring to claim 4: Krajicek discloses the system of claim 1, wherein:
a gate complex (110/116 Figs. 2 and 3);
wherein the gate complex is configured to allow selective access (selective access via 116 Figs. 2 and 3) into the closed system (100 Figs. 2 and 3);
wherein the gate complex (110/116 Figs. 2 and 3) is located below a surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system;
the gate complex having a gate (116 Figs. 2 and 3);
wherein the gate is configured to be selectively moved between an open position and a closed position (“a valve plate 116 may be raised and lowered” Col. 14, lines 36-37); and
wherein when the gate (116 Figs. 2 and 3) is in the open position (shown in Fig. 3), the cleaner (300/ 500 Figs. 2 and 3) is configured to enter the closed system (100 Figs. 2 and 3) through the gate complex (110/116 Figs. 2 and 3) located below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system.
Referring to claim 5: Krajicek discloses the system of claim 1, further comprising:
a gate complex (110/116 Figs. 2 and 3);
wherein the gate complex is configured to allow selective access (selective access via 116 Figs. 2 and 3) into the closed system (100 Figs. 2 and 3);
wherein the gate complex (110/116 Figs. 2 and 3) is located below a surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system (100 Figs. 2 and 3);
the gate complex having a gate (116 Figs. 2 and 3);
wherein the gate is configured to be selectively moved between an open position and a closed position (“a valve plate 116 may be raised and lowered” Col. 14, lines 36-37);
a box system (200 Figs. 2 and 3);
the box system having an interior volume (shown in Figs. 2 and 3);
wherein the box system (200 Figs. 2 and 3) is configured to operably connect to the gate complex (110/116 Figs. 2 and 3);
wherein the cleaner (300/ 500 Figs. 2 and 3) is initially positioned at least partially within the interior volume (shown partially within in Fig. 2) of the box system (200 Figs. 2 and 3);
wherein when the gate (116 Figs. 2 and 3) is in the open position (shown in Fig. 3), the cleaner is configured to enter the closed system (100 Figs. 2 and 3) through the gate complex (110/116 Figs. 2 and 3) located below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system.
Referring to claim 6: Krajicek discloses the system of claim 1, further comprising:
a gate complex (110/116 Figs. 2 and 3);
wherein the gate complex is configured to allow selective access (selective access via 116 Figs. 2 and 3) into the closed system (100 Figs. 2 and 3);
wherein the gate complex (110/116 Figs. 2 and 3) is located below a surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system;
the gate complex having a gate (116 Figs. 2 and 3);
wherein the gate is configured to be selectively moved between an open position and a closed position (“a valve plate 116 may be raised and lowered” Col. 14, lines 36-37);
a box system (200 Figs. 2 and 3);
the box system having an interior volume (shown in Figs. 2 and 3);
wherein the box system (200 Figs. 2 and 3) is configured to operably connect to the gate complex (110/116 Figs. 2 and 3);
wherein the cleaner (300/ 500 Figs. 2 and 3) is initially positioned at least partially within the interior volume (shown partially within in Fig. 2) of the box system (200 Figs. 2 and 3);
wherein when the gate (116 Figs. 2 and 3) is in the open position (shown in Fig. 3), the cleaner is configured to enter the closed system (100 Figs. 2 and 3) through the gate complex(110/116 Figs. 2 and 3) located below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system;
wherein when the gate (116 Figs. 2 and 3) is in the open position (116 Figs. 2 and 3), liquid from within the closed system (100 Figs. 2 and 3) flows into (“the gate valve plate 116 and thereby, as shown in FIG. 3, establish fluid communication between the interior of the storage tank 100 and the isolation barrel 200.” Col. 21, lines 52-55) the interior volume (shown in Figs. 2 and 3) of the box system (200 Figs. 2 and 3) and is contained therein.
Referring to claim 7: Krajicek discloses the system of claim 1, wherein the cleaner (300/ 500 Figs. 2 and 3) is attached to a waste discharge line (120 Fig. 1; “drain line pipe 120” Col. 24, line 6), and wherein the waste discharge line is configured to transfer material away from the closed system (100 Figs. 2 and 3).
Referring to claim 8: Krajicek discloses the system of claim 1, wherein the cleaner is a remote controlled cleaner (“wherein the rotation of the nozzled outlet jets is controlled by indexing power means outside the tank” Col. 8, lines 8-10).
Referring to claim 10: Krajicek discloses a cleaning system (shown in Fig. 1; “cleaning the interior of storage tanks of the type used for storing large volumes of liquids” Abstract) for cleaning a floor (floor of 100 shown in Fig. 3) of a closed system (100 Figs. 2 and 3) containing liquid, the system comprising:
a gate complex (110/116 Figs. 2 and 3; “gate valve 110” Col. 14, lines 33-38);
wherein the gate complex is configured to allow selective access (selective access via 116 Figs. 2 and 3) into the closed system;
wherein the gate complex (110/116 Figs. 2 and 3) is located below a surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system (100 Figs. 2 and 3);
a cleaner (300/ 500 Figs. 2 and 3);
wherein the cleaner is configured to clean the floor (floor of 100 shown in Fig. 3) of the closed system (100 Figs. 2 and 3); wherein the cleaner is configured to enter (enters via 110/116 Figs. 2 and 3) the closed system (100 Figs. 2 and 3) through the gate complex (110/116 Figs. 2 and 3) located below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system (100 Figs. 2 and 3).
Referring to claim 11: Krajicek discloses the system of claim 10, further comprising:
a box system (200 Figs. 2 and 3); the box system having an interior volume (shown in Figs. 2 and 3);
wherein the box system (200 Figs. 2 and 3) is configured to operably connect to the gate complex (110/116 Figs. 2 and 3);
wherein the cleaner (300/ 500 Figs. 2 and 3) is initially positioned at least partially within the interior volume (shown partially within in Fig. 2) of the box system (200 Figs. 2 and 3).
Referring to claim 12: Krajicek discloses the system of claim 10, wherein:
the gate complex (110/116 Figs. 2 and 3) having a gate (116 Figs. 2 and 3);
wherein the gate is configured to be selectively moved between an open position and a closed position (“a valve plate 116 may be raised and lowered” Col. 14, lines 36-37); and
wherein when the gate (116 Figs. 2 and 3) is in the open position (shown in Fig. 3), the cleaner is configured to enter the closed system (100 Figs. 2 and 3) through the gate complex (110/116 Figs. 2 and 3) located below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system (100 Figs. 2 and 3).
Referring to claim 13: Krajicek discloses the system of claim 10, further comprising:
the gate complex (110/116 Figs. 2 and 3) having a gate (116 Figs. 2 and 3);
wherein the gate is configured to be selectively moved between an open position and a closed position (“a valve plate 116 may be raised and lowered” Col. 14, lines 36-37);
a box system (200 Figs. 2 and 3);
the box system having an interior volume (shown in Figs. 2 and 3);
wherein the box system (200 Figs. 2 and 3) is configured to operably connect to the gate complex (110/116 Figs. 2 and 3);
wherein the cleaner (300/ 500 Figs. 2 and 3) is initially positioned at least partially within the interior volume (shown partially within in Fig. 2) of the box system;
wherein when the gate (116 Figs. 2 and 3) is in the open position (shown in Fig. 3), the cleaner is configured to enter the closed system (100 Figs. 2 and 3) through the gate complex (110/116 Figs. 2 and 3) located
below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system.
Referring to claim 14: Krajicek discloses the system of claim 10, further comprising:
the gate complex (110/116 Figs. 2 and 3) having a gate (116 Figs. 2 and 3);
wherein the gate is configured to be selectively moved between an open position and a closed position (“a valve plate 116 may be raised and lowered” Col. 14, lines 36-37);
a box system (200 Figs. 2 and 3);
the box system having an interior volume (shown in Figs. 2 and 3);
wherein the box system (200 Figs. 2 and 3) is configured to operably connect to the gate complex (110/116 Figs. 2 and 3);
wherein the cleaner (300/ 500 Figs. 2 and 3) is initially positioned at least partially within the interior volume (shown partially within in Fig. 2) of the box system (200 Figs. 2 and 3);
wherein when the gate (116 Figs. 2 and 3) is in the open position (shown in Fig. 3), the cleaner is configured to enter the closed system (100 Figs. 2 and 3) through the gate complex (110/116 Figs. 2 and 3) located below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system;
wherein when the gate (116 Figs. 2 and 3) is in the open position (116 Figs. 2 and 3), liquid from within the closed system (116 Figs. 2 and 3) flows into (“the gate valve plate 116 and thereby, as shown in FIG. 3, establish fluid communication between the interior of the storage tank 100 and the isolation barrel 200.” Col. 21, lines 52-55) the interior volume (shown in Figs. 2 and 3) of the box system (200 Figs. 2 and 3) and is contained therein.
Referring to claim 15: Krajicek discloses the system of claim 10, wherein the cleaner (300/ 500 Figs. 2 and 3) is attached to a waste discharge line (300/ 500 Figs. 2 and 3), and wherein the waste discharge line is configured to transfer material away from the closed system (100 Figs. 2 and 3).
Referring to claim 16: Krajicek discloses the system of claim 10, wherein the cleaner is a remote controlled cleaner (“wherein the rotation of the nozzled outlet jets is controlled by indexing power means outside the tank” Col. 8, lines 8-10).
Referring to claim 18: Krajicek discloses a cleaning system (shown in Fig. 1; “cleaning the interior of storage tanks of the type used for storing large volumes of liquids” Abstract) for cleaning a floor (floor of 100 shown in Fig. 3) of a closed system (100 Figs. 2 and 3) containing liquid, the system comprising:
a gate complex (110/116 Figs. 2 and 3; “gate valve 110” Col. 14, lines 33-38);
wherein the gate complex is configured to allow selective access (selective access via 116 Figs. 2 and 3) into the closed system;
wherein the gate complex (110/116 Figs. 2 and 3) is located below a surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system (100 Figs. 2 and 3);
a box system (200 Figs. 2 and 3);
the box system having an interior volume (shown in Figs. 2 and 3);
wherein the box system (200 Figs. 2 and 3) is configured to operably connect to the gate complex (110/116 Figs. 2 and 3);
a cleaner (300/ 500 Figs. 2 and 3);
wherein the cleaner is configured to clean the floor (floor of 100 shown in Fig. 3) of the closed system (100 Figs. 2 and 3);
wherein the cleaner (300/ 500 Figs. 2 and 3) is initially positioned at least partially within the interior volume (shown partially within in Fig. 2) of the box system (200 Figs. 2 and 3);
wherein the cleaner (300/ 500 Figs. 2 and 3) is configured to enter the closed system through the gate complex (110/116 Figs. 2 and 3) located below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system.
Referring to claim 19: Krajicek discloses the system of claim 18, wherein:
the gate complex (110/116 Figs. 2 and 3) having a gate (116 Figs. 2 and 3);
wherein the gate is configured to be selectively moved between an open position and a closed position (“a valve plate 116 may be raised and lowered” Col. 14, lines 36-37); and
wherein when the gate (116 Figs. 2 and 3) is in the open position (shown in Fig. 3), the cleaner is configured to enter the closed system (100 Figs. 2 and 3) through the gate complex (110/116 Figs. 2 and 3) located below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system.
Referring to claim 20: Krajicek discloses the system of claim 18, further comprising:
the gate complex (110/116 Figs. 2 and 3) having a gate (116 Figs. 2 and 3);
wherein the gate (116 Figs. 2 and 3) is configured to be selectively moved between an open position and a closed position (“a valve plate 116 may be raised and lowered” Col. 14, lines 36-37);
wherein when the gate (116 Figs. 2 and 3) is in the open position (shown in Fig. 3), the cleaner is configured to enter the closed system (100 Figs. 2 and 3) through the gate complex (110/116 Figs. 2 and 3) located below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system.
Referring to claim 21: Krajicek discloses the system of claim 18, further comprising:
the gate complex (110/116 Figs. 2 and 3) having a gate (116 Figs. 2 and 3);
wherein the gate is configured to be selectively moved between an open position and a closed position (“a valve plate 116 may be raised and lowered” Col. 14, lines 36-37);
wherein when the gate (116 Figs. 2 and 3) is in the open position (116 Figs. 2 and 3), the cleaner is configured to enter the closed system (100 Figs. 2 and 3) through the gate complex (110/116 Figs. 2 and 3) located below the surface level (surface level of 102 shown in Figs. 2 and 3) created by the liquid within the closed system (100 Figs. 2 and 3);
wherein when the gate is in the open position, liquid from within the closed system flows into (“the gate valve plate 116 and thereby, as shown in FIG. 3, establish fluid communication between the interior of the storage tank 100 and the isolation barrel 200.” Col. 21, lines 52-55) the interior volume (shown in Figs. 2 and 3) of the box system (200 Figs. 2 and 3) and is contained therein.
Referring to claim 22: Krajicek discloses the system of claim 18, wherein the cleaner (300/ 500 Figs. 2 and 3) is attached to a waste discharge line (120 Fig. 1; “drain line pipe 120” Col. 24, line 6), and wherein the waste discharge line is configured to transfer material away from the closed system (100 Figs. 2 and 3).
Referring to claim 23: Krajicek discloses the system of claim 18, wherein the cleaner is a remote controlled cleaner (“wherein the rotation of the nozzled outlet jets is controlled by indexing power means outside the tank” Col. 8, lines 8-10).
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 9, 17, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Krajicek (US 4945933 A) and Tatum (US 3543948 A).
Referring to claim 9: Krajicek discloses the system of claim 1, but is silent on wherein the cleaner is an auger cleaner.
Tatum in an analogous removal system (shown in Fig. 1) wherein the cleaner (12 Fig. 1) is an auger cleaner (shown in Fig. 1)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning system of Krajicek with the auger as taught by Tatum for the purpose of having a mechanism which is capable of extracting the unnecessary matter.
Referring to claim 17: Krajicek discloses the system of claim 10, but is silent on wherein the cleaner is an auger cleaner.
Tatum in an analogous removal system (shown in Fig. 1) wherein the cleaner (12 Fig. 1) is an auger cleaner (shown in Fig. 1)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning system of Krajicek with the auger as taught by Tatum for the purpose of having a mechanism which is capable of extracting the unnecessary matter.
Referring to claim 24: Krajicek discloses the system of claim 18, but is silent on wherein the cleaner is an auger cleaner.
Tatum in an analogous removal system (shown in Fig. 1) wherein the cleaner (12 Fig. 1) is an auger cleaner (shown in Fig. 1)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning system of Krajicek with the auger as taught by Tatum for the purpose of having a mechanism which is capable of extracting the unnecessary matter.
Conclusion
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CHRISTOPHER SOTO
Examiner
Art Unit 3723
/CHRISTOPHER SOTO/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723