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 .
STATUS OF CLAIMS
This Final action is in reply to the application 18/607,080 amendment filed on 06/24/2026.
Claims 1-6, 8 – 12, 14 – 19, 21 – 23, and 26 amended
Claims 7, 13, 20 , 26 – 30 are cancelled
Claims 1 -6, 8 – 12, 14 – 19, 21- 25 are currently pending and have been examined.
Response to arguments
Applicants arguments with respect to the BACHA reference, and the two water tanks, the arguments are moot based upon a new grounds of rejection necessitated by the. Wherein the examiner states that STROBEL discloses water tanks with baffles that are opposite each other and separate and SQUEEKY CLEAN DAVE discloses the combination for the outriggers.
Claim Rejections - 35 USC § 103
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.
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) 1 –6, 8 - 10, 12, 20, 24 – 25 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pubs 20160245272 – Bacha et al. hereinafter as BACHA in view of US PG Pub 20190017243 – Strobel et al. hereinafter as STROBEL in view of ONLINETANKSTORE : Baffled water tanks, hereinafter as ONLINETANKSTORE in view of SQUEAKYCLEANDAVE, Tank frame hereinafter as SQUEAKY
Regarding Claim 1
BACHA discloses:
A hydrovac comprising:
a frame; (Fig. 2 vehicle sits on a chassis)
a cab mounted near a front end of the frame;( Fig. 1 – cab on chassis)
an engine mounted on the frame; para. 0050 – engine)
steering wheels operative to steer the hydrovac; (steering wheel known to be in a cab and vehicle)
ground wheels connected to the frame and operative to be driven by the engine; ( Fig. 1 vehicle with wheels connected to chassis and driven by engine)
a debris tank mounted on the frame; (para. 0025 - debris collection tank)
a vacuum hose fluidly connected to the debris tank(para. 0025 - a boom and vacuum hose 110)
a boom pivotally mounted at a first end and carrying the vacuum hose; and (para. 0025 - a boom and vacuum hose 110 and fig. 3)
a first water tank provided on a first side of the debris tank , each of the first water tank comprising: ( para. 0025 - water tank 102 fig. 1 and 3 and debris tank para. 0025)
a top end, ( Top End – 102 , Fig. 3)
a bottom end, ( Bottom End – 102 ( opposite of top end) , Fig. 3)
a first end, ( First end 206, Fig. 1 and 3)
a second end, ( Second end 208, Fig. 1 and 3)
a first side, ( First side 212, Fig. 1 and 3)
a second side defining an interior space; ( Second side 214 wherein interior space meaning the side is facing a side that isn’t outward opposite of a first side, Fig. 1 and 3)
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BACHA disclose a first water tank provided on a first side of the debris tank , STROBEL discloses a first water tank and a second water tank provided on a second side of the debris tank, the first side of the debris tank opposite to the second side of the debris tank, each of the first water tank and the second water tank , STROBEL discloses:
a first water tank and a second water tank provided on a second side of the debris tank, the first side of the debris tank opposite to the second side of the debris tank, each of the first water tank and the second water tank (para. 0085 where in there is spoil material vessel. And para. 0142 – where in the vessels hold fluid and where in vessels are separate tanks, para. 144 – where in fluid storage , the initial water used for excavation that has not been processed)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BACHA’s hydro vac system using a water tank and debris tank to have the ability to have a first water tank and a second water tank provided on a second side of the debris tank, the first side of the debris tank opposite to the second side of the debris tank, each of the first water tank and the second water tank as taught by STROBEL. This would allow BACHA the ability to increase the holding of fluids to enhance or increase the size of the fluid based on increasing the number of vessels . ( para. 0143)
BACHA / STROBEL discloses of a first water tank and a second water tank mounted to the hydrovac vehicle , ONLINETANKSTORE disclose of a water tank that includes baffle ports with aperture passing through the water from the first side to the second side, ONLINETANKSTORE further discloses:
a plurality of baffle ports, each baffle port forming an aperture passing through the water tank from the first side to the second side, and passing through the interior space, wherein water in the interior space must flow around the plurality of baffle ports. (ONLINTANKSTORE – 200 liter upright slimline tank - baffles port See 200 litre flat slimline water tank - visual aperture pass through from 1st side to the 2nd side. Other configurations of baffled tanks are also shown in the NPL based on customer needs)
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IT would be obvious to one of ordinary skill in the art before the effective filling date for BACHA disclosing a water thank mounted to a hydrovac vehicle to disclose a plurality of baffle ports, each baffle port forming an aperture passing through the water tank from the first side to the second side, and passing through the interior space, wherein water in the interior space must flow around the plurality of baffle ports. as taught by ONLINETANKSTORE. ( ONLINETANKSTORE diagram of water tank with baffles) Doing so merely constitutes the substitution of one known water tank type for another to produce the predictable result of modular water tank (MPEP 2143, subsection I, B). It would be obvious for BACHA to utilize baffled water tanks as this would prevent the water from causing an unsteady load whilst the highly durable material polyethylene ensures a robust Baffled Water Tank that can up-stand tough conditions. (ONLINETANKSTORE – Page 1 )
BACHA / STROBEL / ONLINETANKSTORE discloses of a baffled water tank on a hydrovac vehicle provided on top of the frame on a frame, SQUEAKY discloses of a structure supporting the water tank, SQUEAKY further discloses:
a substructure attached to the frame , the substructure having a first plurality of outriggers extending outwards and sized to receive a first wat er tank on top of the first plurality of outriggers and a second plurality of outriggers extending outwards and sized to receive the second water tank on top of the second plurality of outriggers (SQUEAKY – 12:47 frame)
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It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BACHA / STROBEL / ONLINETANKSTORE discloses of a baffled water tank secured to a vehicle to a substructure provided on top of the frame and having comprising outriggers extending outwards, the outriggers supporting the water tank as taught by SQUEAKY. Doing so merely constitutes the substitution of one known Support structure for another to produce the predictable result of securing to the frame of a vehicle (MPEP 2143, subsection I, B).
SQUEAKY discloses of one plurality of outriggers extending outwards and sized to receive a water tank. Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI B. Duplication of parts )
Regarding Claim 2
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 1:
BACHA / ONLINETANKSTORE disclose of a water tank that includes baffle ports with aperture passing through the water from the first side to the second side, ONLINETANKSTORE further discloses:
wherein the water tank further comprises at least one vertical channel intersecting with the at least one of the plurality of baffle port. (ONLINETANKSTORE, 250 litre tower water tank - where in the vertical channel intersects with a baffle port )
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IT would be obvious to one of ordinary skill in the art before the effective filling date for BACHA / ONLINETANKSTORE disclosing a baffled water tank mounted to a hydrovac vehicle with three baffle ports to a baffled water tank that includes a vertical channel intersecting with at least one baffle port as taught by ONLINETANKSTORE. ( ONLINETANKSTORE diagram of water tank with baffles) Doing so merely constitutes the substitution of one known water tank type for another to produce the predictable result of modular water tank (MPEP 2143, subsection I, B).
Regarding Claim 3
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 2:
ONLINETANKSTORE discloses of the combination in claim 2.
wherein the at least one vertical channel runs from the bottom end of the water tank to one of the at least one of the plurality baffle ports. (ONLINETANKSTORE, 250 litre tower water tank - where in the vertical channel intersects with a baffle port )
Regarding Claim 4
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 1:
ONLINETANKSTORE discloses of the combination in claim 1
wherein the water tank further comprises at least one horizontal channel intersecting with the at least one of the plurality baffle ports.( ONLINETANKSTORE – 200 Litre Upright Slimline Tank)
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Regarding Claim 5
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 4:
ONLINETANKSTORE discloses of the combination in claim 4
5. The hydrovac of claim 4 wherein the at least one horizontal channel runs from the first end to the second end of the first water tank, intersecting one of the at least one of the plurality baffle ports.. ( ONLINETANKSTORE – 200 Litre Upright Slimline Tank – horizontal channel runs from one side to the other)
Regarding Claim 6
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 5:
ONLINETANKSTORE discloses of the combination in claim 5
wherein there is at least one horizontal channel intersects all of the plurality of baffle ports of the first water tank. ( ONLINETANKSTORE – 200 Litre Upright Slimline Tank – horizontal channel runs from one side to the other that intersects all baffle ports)
Regarding Claim 8
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 1:
ONLINETANKSTORE discloses of the combination in claim 1
wherein all of the plurality of baffle ports in the first water tank are substantially horizontally aligned. ( ONLINETANKSTORE – 200 Litre Upright Slimline Tank – horizontally aligned Baffle ports)
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Regarding Claim 9
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 1:
ONLINETANKSTORE discloses of the combination in claim 1
wherein the first water tank further comprises an access port in the top end of the water tank. ( ONLINETANKSTORE – 200 Litre Upright Slimline Tank – Access port at top of water tank)
Regarding Claim 10
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 1:
BACHA / ONLINETANKSTORE discloses of the combination in claim 1 wherein there are three baffle ports with an access cap on top. ONLINETANKSTORE further discloses:
wherein at least one the plurality of baffle port has a larger cross-sectional area at the first side of the first water tank than the cross-sectional area at the second side of the first water tank. ( ONLINETANKSTORE – 200 Litre Flat Slimline Tank – cross section on first side larger than second side)
IT would be obvious to one of ordinary skill in the art before the effective filling date for BACHA / ONLINETANKSTORE disclosing a water tank mounted to a hydrovac vehicle to disclose a water tank at that includes at least one baffle port forming an aperture passing through the water tank from the first side to the second side, to include wherein at least one the plurality of baffle port has a larger cross-sectional area at the first side of the first water tank than the cross-sectional area at the second side of the first water tank as taught by ONLINETANKSTORE. ( ONLINETANKSTORE diagram of water tank with baffles) Doing so merely constitutes the substitution of one known water tank type for another to produce the predictable result of modular water tank (MPEP 2143, subsection I, B).
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Regarding Claim 12
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 1:
ONLINETANKSTORE discloses of the combination in claim 1
wherein the at least one of the plurality of baffle ports in the first water tank is elongate in a vertical direction. ( ONLINETANKSTORE – 200 Litre Upright Slimline Tank – baffle port is long in the vertical direction)
Regarding Claim 24
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 1:
BACHA discloses:
further comprising a water pump. (fig. 5 – water pump)
Regarding Claim 25
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 25:
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose the first and second water tank in the rejection above,
BACHA discloses the limitation of the water tank supplies water :
25. The hydrovac of claim 1 wherein the water tank supplies water to the water pump and the water pump supplies pressurized water to a dig wand.( para .0029 – pressure water injected through hose 110)
Claim(s) 14 – 18 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pubs 20160245272 – Bacha et al. hereinafter as BACHA in view of US PG Pub 20190017243 – Strobel et al. hereinafter as STROBEL in view of ONLINETANKSTORE : Baffled water tanks, hereinafter as ONLINETANKSTORE in view of SQUEAKYCLEANDAVE, Tank frame hereinafter as SQUEAKY in view of SUPERCHARGEDLLAMA : WATER TANK hereinafter as SUPERCHARGEDLLAMA
Regarding Claim 14
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY / SUPERCHARGEDLLAMA disclose Claim 1
SUPERCHARGEDLLAMA discloses securing the water tank with straps disclosed in claim 11
wherein the first water tank further comprises at least one vertical channel intersecting with the at least one the plurality of baffle port, and wherein one of the plurality of bottom straps runs in the at least one vertical channel to the at least one of the plurality of baffle port. (SUPERCHARGED LLAMA wherein the straps are secured through a baffle port)
Regarding Claim 15
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY / SUPERCHARGEDLLAMA disclose claim 14
SUPERCHARGEDLLAMA discloses the combination In claim 14
wherein one of the plurality of bottom strap is made metal. ( where in the ratchet strap includes metal components)
Regarding Claim 16
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY / SUPERCHARGEDLLAMA disclose Claim 1
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose of a securely mounted water tank with three baffle ports
connected to a structure on the hydrovac, SUPERCHARGEDLLAMA discloses of securing the water tank through a single baffle port, further discloses:
The hydrovac of claim 13 further comprising a front strap at the first end of the first water tank, the front strap passing through the at least one baffle port closest to the first end, and wherein ends of the front strap are connected to vehicle.(SUPERCHARGED LLAMA wherein the straps are secured through a baffle port)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BACHA / ONLINETANKSTORE of securing a water tank with three baffle ports connected to a structure on hydrovac to be able to strap the water tank through a single baffle port wherein the strap can be strapped through the first end of the water tank with the baffle port closes to the first end and wherein ends of the front strap connected to the vehicle as taught by SUPERCHARGEDLLAMA. Doing so merely constitutes the substitution of one known mounting system mechanism for another to produce the predictable result of securing water tank to a vehicle (MPEP 2143, subsection I, B).
Regarding Claim 17
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY / SUPERCHARGEDLLAMA disclose Claim 16
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY / SUPERCHARGEDLLAMA discloses of wherein the first water tank further comprises a horizontal channel intersecting with the at least one baffle port closest to the first end of the three baffle ports, SUPERCHARGEDLLAMA discloses of strapping the water tank through at least one baffle port, SUPERCHARGEDLLAMA further discloses:
wherein the front strap runs through the baffle port. (SUPERCHARGED LLAMA wherein the straps are secured through a baffle port)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BACHA / ONLINETANKSTORE to wherein the first water tank further comprises a horizontal channel intersecting with the at least one baffle port closest to the first end of the three baffle ports wherein the utilizing the horizontal strap through baffle port would intersect the horizontal channel to wherein the front strap runs through a baffle port as taught by SUPERCHARGEDLLAMA. This ultimately would run through the horizontal channel as taught by BACHA / ONLINETANKSTORE. Doing so merely constitutes the substitution of one known mounting system mechanism for another to produce the predictable result of securing water tank to a vehicle (MPEP 2143, subsection I, B).
Regarding Claim 18
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY / SUPERCHARGEDLLAMA disclose claim 17
SUPERCHARGEDLLAMA discloses the combination In claim 14
wherein the front strap is made of metal. ( where in the ratchet strap includes metal components)
Claim(s)11, 21-23 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pubs 20160245272 – Bacha et al. hereinafter as BACHA in view of US PG Pub 20190017243 – Strobel et al. hereinafter as STROBEL in view of ONLINETANKSTORE : Baffled water tanks, hereinafter as ONLINETANKSTORE in view of SQUEAKYCLEANDAVE, Tank frame hereinafter as SQUEAKY
in view of CHAPARRAL : Rotopax mountable containers hereinafter as CHAPARRAL
Regarding Claim 11
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 1:
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY ONLINETANKSTORE disclose of a baffled water tank, CHAPARRAL discloses of a baffled water tank that is rotationally molded, further discloses:
wherein the water tank is rotational molded from a polymer. ( CHAPARRAL : 4:05 – rotational molded)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BACHA / ONLINETANKSTORE of disclosing a baffled water tank to disclose a baffled water tank that is rotational mold as disclosed by CHAPARRAL. This would allow BACHA / ONLINETANKSTORE to prevent seams in order to prevent leakages of fluid. (4:05 – rotational molded no seams)
Regarding Claim 21
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose claim 1:
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY disclose of a baffled water tank, CHAPARRAL discloses of a baffled water tank that can attach on a side of the water tank, further discloses:
further comprising a first panel attachable to a an outer side of the water tank and substantially covering the outside of the first water tank.( CHAPARRAL : 2:27 – panel mounted to a side of water tank)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BACHA / ONLINETANKSTORE of disclosing a baffled water tank to a first panel attachable to a an outer side of the water tank and substantially covering the outside of the first water tank as disclosed by CHAPARRAL. This would allow BACHA / ONLINETANKSTORE to prevent seams in order to prevent leakages of fluid. (4:05 – rotational molded no seams)
Regarding Claim 22
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY / CHAPARRAL disclose claim 21:
CHAPARRAL discloses the combination of water tank attachment to panel as disclosed in claim 21
wherein the panel has attachment members extending perpendicularly from a back of the panel and positioned to correspond with at least one of the plurality of baffle ports of the first wat er tank and extend through the at least one of the plurality of baffle ports when the first panel is attached to the outside of the first water tank. ( CHAPARRAL : 2:27 – panel mounted to a side of water tank)
Regarding Claim 23
BACHA / STROBEL / ONLINETANKSTORE / SQUEAKY / CHAPARRAL disclose claim 22:
CHAPARRAL discloses the combination of water tank attachment to panel as disclosed in claim 22
further comprising an elongate connection member attachable to ends of the attachment members passing through the at least one baffle port, the elongate connection member running through a horizontal channel on the first water tank or the second water tank. ( CHAPARRAL : 2:27 – panel mounted to a side of water tank)
Conclusion
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 ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached on 5712720547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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