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 .
Election/Restrictions
Applicant’s election without traverse of invention Group I in the reply filed on March 11, 2026 is acknowledged.
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 11, 2026.
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 “battery” recited in claims 4 and 5 must be shown or the feature(s) canceled from the claim(s). It should be noted that the “battery” recited in claims 4-5 is not the same “battery”, as shown at reference number “138” in Fig. 7, as evidenced by specification paragraph [0078], and the fact that paragraph [0059] of the specification expressly admits that the “battery” of claims 4 and 5 is not shown in the drawings. 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.
The drawings are further objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “deicing fluid discharge line” and the associated limitations thereof as recited in claim 7 must be shown or the feature(s) canceled from the claim(s). Applicant’s attention is directed to (at least) paragraph [0062], which expressly admits to the omission of this feature from the originally-filed drawings. 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.
The drawings are further objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “heat exchanger” and the associated limitations thereof as recited in claims 8-10 must be shown or the feature(s) canceled from the claim(s). Applicant’s attention is directed to (at least) paragraph [0053], which expressly admits to the omission of this feature from the originally-filed drawings. 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.
The drawings are further objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “power supply connector” and the associated limitations thereof as recited in claim 11 must be shown or the feature(s) canceled from the claim(s). Applicant’s attention is directed to (at least) paragraph [0056], which expressly admits to the omission of this feature from the originally-filed drawings. 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.
The drawings are also objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “54” has been used to designate both the “housing access panel” in Figs. 1-4 (consistent with the specification) and an unknown element associated with “reel 96” in Fig. 3 (not consistent with the specification).
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. 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.
The drawings are further objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “48d” has been used to designate both the “lower surface” of “reservoir 40” in Fig. 6 (consistent with the specification) and what appears to be the “upper surface” of “reservoir 40” in Fig. 5 (not consistent with the specification). It is noted that replacing “48d” in Fig. 5 with --48c-- would effectively obviate this issue.
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. 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 / Abstract
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of the use of the phrase “The present disclosure concerns” (see above). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“fluid dispensing device” in claim 1;
“heating system” in claim 1;
“heating unit” in claim 1; and
“energy supply assembly” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 and 13-17 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 10, in light of the disclosure, the metes and bounds of the claim are not understood. More specifically, and regarding the “battery” of claim 10, the specification makes reference to a “battery”, which supplies energy to the “electric pump” (see paragraph [0009]), as well as an “internal battery of the ground transport vehicle” (see again, paragraph [0009]). Paragraphs [0059]-[0061], [0069] and [0074] appear to also make reference to the same batteries discussed in paragraph [0009]. The specification further makes reference to a “battery 138”, which is disclosed so as to “turn over the roller pump”/“carburant motor” (see paragraph [0078]). Thus, it appears that none of these disclosed batteries could reasonably be characterized as being “operatively connected to the heat exchanger”, as recited in claim 10. It is noted that paragraph [0015] essentially states the same thing as claim 10, but paragraph [0015] provides no further discussion so as to understand the “battery” recited in claim 10. Thus, one must ask, “what is this battery?”; “where is this battery located in the apparatus?”; and “where is this battery shown in the drawings?” Further, why does the system require “a battery operatively connected to the heat exchanger”?
Regarding claim 13, the scope of the claim cannot be understood, because the first three lines of the claim are thoroughly confusing. It appears that Applicant intended to recite a “combination” type claim, which combines the “portable deicing apparatus” required by claim 2, with a “ground transport vehicle having a carrier assembly”, yet the first three lines of the claim are written in a very confusing and indefinite manner. For purposes of examining the claim on the merits, the claim will be interpreted so as to present such a “combination” discussed above.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 14 and 15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 14, the claim appears to depend from claim 13, which (as discussed above in paragraph 16 of the instant Office action) is being interpreted so as to present a “combination” type claim, which requires both the “portable deicing apparatus” of claim 2, and a “ground transport vehicle having a carrier assembly”. However, the preamble of claim 14 is recited such the claim is only limiting “The portable deicing apparatus as claimed in claim 13”, without necessarily including and further limiting the “combination”, which includes the “ground transport vehicle having a carrier assembly”. Thus, claim 14 fails to properly further limit the subject matter of claim 13.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McClinchy, USPN 4,723,733.
As to claim 1, McClinchy shows a portable deicing apparatus (see Figs. 1, 3 and 6) for spraying deicing fluid, the portable deicing apparatus comprising: a deicing fluid reservoir (29 in Figs. 1 and 3; and 78, as represented in Fig. 6) defining a deicing fluid containing chamber and having an upper surface (see Figs. 1 and 3); a component housing (no specific reference number, but clearly shown in Figs. 1 and 3) connected to the deicing fluid reservoir; a fluid dispensing device (30 in Figs. 1 and 3; and 76, as represented in Fig. 6) at least partially located inside the component housing and in fluid communication with the deicing fluid containing chamber to propel deicing fluid contained in the deicing fluid containing chamber outwardly (see again, Figs. 1 and 3); a heating system having a heating unit (36 and/or 37) in a heat exchange relationship with the deicing fluid contained in the deicing fluid containing chamber (see column 2, lines 35-39); an energy supply assembly operatively connected to the heating unit (line 33 of column 2 expressly describes “oil and gas tanks 32” and “batteries 31”, which imply that at least one of these energy supplies is operatively connected to at least one of the heating units 36, and/or heating unit 37 is described as an “exhaust heater passing through the tank”, which is essentially a heat exchanger which supplies heat energy implicitly derived from a carburant-type energy supply); and a controller (reference number 30 is described as “pump and controls”; and although the specification of McClinchy fails to identify reference number 34, as shown in Fig. 3, reference number 34 clearly represents a type of electronic controller) at least partially located inside the component housing (see again, Fig. 3) and operatively connected to at least the fluid dispensing device and the heating system; and wherein the deicing fluid reservoir, the component housing, the fluid dispensing device, the heating system, the energy supply assembly, and the controller are displaceable as a single assembly (see again, Fig. 3; and see column 1, lines 47-50, and column 2, lines 40-42).
As to claim 7, McClinchy shows the portable deicing apparatus as claimed in claim 1, and wherein the deicing fluid reservoir further comprises a deicing fluid outlet (an outlet of the reservoir is implicit, and is also shown leading to the pump in Fig. 1) and a deicing fluid inlet (not clearly shown, but implied, as McClinchy discusses “a centrally located facility” for the deicing fluid with respect to Fig. 4, which implies the ability to refill the reservoir, which requires the provision of an inlet associated with the reservoir) providing access to the deicing fluid containing chamber, and the portable deicing apparatus further comprising a deicing fluid discharge line (the implicitly included line which leads to “nozzle 22”, which appears to be shown in Figs. 1 and 3, and is schematically represented in Fig. 6) in fluid communication with the fluid dispensing device to propel and apply deicing fluid contained in the deicing fluid containing chamber, and wherein the deicing fluid discharge line is engageable with the deicing fluid inlet to collect and return a remaining portion of the deicing fluid into the deicing fluid containing chamber (this merely requires the capability of the discharge line to engage with the implicitly included inlet, which is a function which the McClinchy system is clearly capable of performing).
As to claim 8, McClinchy shows the portable deicing apparatus as claimed in claim 1, and wherein the heating unit comprises a heat exchanger (37) extending at least partially inside the deicing fluid containing chamber (see Fig. 1, and see column 2, lines 38-39).
As to claim 9, McClinchy shows the portable deicing apparatus as claimed in claim 8, and wherein the heating system comprises a carburant burner (implicitly included, as the system of McClinchy is shown and described as including “oil and gas tanks 32”; see Fig. 3) in the heat exchange relationship with the heat exchanger (as discussed above with respect to claim 1, heating unit 37 is described as an “exhaust heater passing through the tank”, which is essentially a heat exchanger which supplies heat energy implicitly derived from a carburant-type energy supply) and the energy supply assembly comprises a carburant reservoir (32) mounted to at least one of the deicing fluid reservoir and the component housing (see Fig. 3), the carburant reservoir defining a carburant containing chamber in fluid communication with the carburant burner.
As to claim 10, McClinchy shows the portable deicing apparatus as claimed in claim 9, and wherein the energy supply assembly comprises a battery operatively connected to the heat exchanger (as discussed above in paragraph 16 of the instant Office action, this claim is indefinite, in light of the specification, but suffice to say, McClinchy shows and describes inclusion of “batteries 31”, which very likely provide power at least the “immersion heaters 36”, which are shown in a heat exchange relationship in the fluid reservoir in Fig. 1).
As to claim 11, McClinchy shows the portable deicing apparatus as claimed in claim 1, and wherein the heating system further comprises an external recirculation system at least partially contained in the component housing and in fluid communication with the deicing fluid containing chamber (the schematic representation shown in Fig. 6 includes “heater circulating solenoid valve” 72, which is implicitly at least partially contained in the component housing, based on what is shown in Fig. 6 and the disclosure of how Fig. 6 represents the system of Fig. 1), and a power supply connector electrically connectable to an external power source (“heater circulating solenoid valve” 72, as a “solenoid” type valve implies an electrical connection, and “connectable to an external power source” is merely a functional limitation of which McClinchy is clearly capable of performing).
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 2-5 and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over McClinchy, in view of Mäenpää et al., US Patent Application Publication No. 2020/0298261.
As to claim 2, McClinchy shows the portable deicing apparatus as claimed in claim 1.
However, while the apparatus of McClinchy is disclosed to be displaced as a single assembly (see again, Figs. 1 and 3; and see column 1, lines 47-50, and column 2, lines 40-42), which is designed to be located on a ground transport vehicle in much the same way as disclosed by Applicant, McClinchy is silent as to the apparatus further comprising mechanical fasteners mounted to at least one of the deicing fluid reservoir and the component housing to facilitate detachable securement.
Mäenpää shows a portable deicing apparatus (10; see Figs. 1 and 2) which is designed to be detachably secured as a single assembly to a ground transport vehicle (15), wherein the apparatus includes mechanical fasteners (122a, 122c) mounted thereto to facilitate detachable securement of the apparatus to a supporting surface of a carrier assembly (17) of the ground transport vehicle (see paragraph [0057]). Therefore, 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 apparatus of McClinchy, to include mechanical fasteners, as taught by Mäenpää, mounted to at least one of the deicing fluid reservoir and the component housing of McClinchy, thereby including a provision to detachably secure the portable deicing apparatus as the single assembly of a ground transport vehicle, which would help to prevent undesired shifting of the apparatus on the vehicle, as the vehicle is moving.
As to claim 3, McClinchy, as modified above by Mäenpää, shows the portable deicing apparatus as claimed in claim 2, and with such a modification, the mechanical fasteners would be mounted on lateral surfaces of the deicing fluid reservoir. Also, as to the mechanical fasteners including “hooks”, it is noted that the mechanical fasteners (122a, 122c) taught by Mäenpää appear to have substantially the same structural attributes as compared to the “mechanical fasteners 32” shown in Applicant’s originally-filed drawings (see Fig. 2 of Mäenpää, as compared to Fig. 1 of Applicant’s drawings). Thus, it is reasonable to call 122a and 122c of Mäenpää “hooks”).
As to claim 4, McClinchy, as modified above by Mäenpää, shows the portable deicing apparatus as claimed in claim 2, and further, McClinchy shows and describes the apparatus as comprising a battery (31; see column 2, line 33) operatively connectable to an internal battery of the ground transport vehicle (this merely requires the capability of one or more of the “batteries 31” to connect to an internal battery of the vehicle shown in Fig. 1, which is a function which the McClinchy system is clearly capable of performing).
As to claim 5, McClinchy, as modified above by Mäenpää, shows the portable deicing apparatus as claimed in claim 4, and further, McClinchy discloses the fluid dispensing device as comprising a pump (30). However, while it is entirely possible, and even very likely, that the pump of McClinchy is an “electric” pump operatively connected to at least one of the batteries (31) to supply energy to the pump, McClinchy is silent as to this particular detail. The Examiner hereby takes Official Notice that it was old and well known in the art of portable fluid dispensing systems which include batteries and a positive-displacement hydraulic (i.e. fluid) pump (such as that disclosed and shown by McClinchy), to embody the pump as an “electric pump”, as electric pumps have been well known in the art for many years prior to the instant application, and are reliable for propelling fluid from a reservoir outwardly to a nozzle. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ an electric pump, as is well known and well within the ordinary skill of one in the art, for the pump of the McClinchy apparatus, as electric pumps have been well known in the art for many years, and are reliable for propelling fluid from a reservoir outwardly to a nozzle.
As to claim 13, McClinchy, as modified above by Mäenpää, shows the portable deicing apparatus as claimed in claim 2, which is also shown in combination with a ground transport vehicle (pickup truck 12) having a carrier assembly (implicitly included bed of 12; see also Fig. 1 of McClinchy); and with the above modification, the carrier assembly of the ground transport vehicle would comprise anchors engageable by the mechanical fasteners of the portable deicing apparatus to detachably secure the portable deicing apparatus to the carrier assembly.
As to claim 14, McClinchy, as modified above by Mäenpää, shows the combination as claimed in claim 13, and wherein the portable deicing apparatus further comprises a base frame (see Figs. 1 and 3 of McClinchy; and see column 2, lines 36-37, which describe inclusion of “fork lift slots 38”) engaged with at least the deicing fluid reservoir, providing mechanical support thereto and having a planar lower surface (see Fig. 3), and wherein the carrier assembly has a supporting surface engageable with at least the planar lower surface of the base frame (see Fig. 1).
As to claim 15, McClinchy, as modified above by Mäenpää, shows the combination as claimed in claim 14, and wherein the component housing has a planar lower surface (see again, Figs. 1 and 3 of McClinchy), and wherein the planar lower surface of the base frame and the planar lower surface of the component housing are arranged to form a contiguous planar surface engageable with the supporting surface of the carrier assembly (see again, Figs. 1 and 3 of McClinchy).
As to claim 16, McClinchy, as modified above by Mäenpää, shows the combination as claimed in claim 13, and wherein the carrier assembly is one of a trailer having a bed and a pickup bed (see Fig. 1 of McClinchy).
As to claim 17, McClinchy, as modified above by Mäenpää, shows the combination as claimed in claim 13, and wherein the carrier assembly has a supporting surface and wherein each one of the deicing fluid reservoir and the component housing has a lower surface and the lower surfaces are planar for at least one of the lower surface of the deicing fluid reservoir and the lower surface of the component housing to contact the supporting surface of the carrier assembly (see again, Figs. 1 and 3 of McClinchy).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over McClinchy, in view of Charton, EP-0358586-A1.
McClinchy shows the portable deicing apparatus as claimed in claim 1. However, while the apparatus shown in Figs. 1 and 3 of McClinchy is shown to include an elongated extension portion (14) mounted to the upper surface of the deicing fluid reservoir and extending upwardly therefrom, and is disclosed to alternatively include an elongated frame (47) comprising a basket (42) located at an upper end of the frame (see Fig. 2), McClinchy does not expressly disclose inclusion of a ladder mounted to the basket.
Charton shows (see Fig. 1) and describes a portable deicing apparatus having a similar design, function and effect, as compared to McClinchy, and Charton also teaches inclusion of an elongated frame (7) extending upwardly from the upper surface of the apparatus, with the elongated frame comprising a ladder (6) and a basket (8) mounted to the ladder and located at an upper end thereof. It is abundantly clear that inclusion of the ladder shown by Charton allows a person to safely access the basket while the basket is in an elevated position. Therefore, 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 apparatus of McClinchy, to further include a ladder, as taught by Charton, mounted to the basket, thereby allowing a person to safely access the basket while the basket in an elevated position.
Allowable Subject Matter
Claim 6 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patents to Thorton-Trump, Betchan, Simmons et al., Amako et al., Ask and Marrero, and US Patent Application Publication to Svanebjerg, are cited as of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W GORMAN whose telephone number is (571)272-4901. The examiner can normally be reached Monday-Thursday 6:30-4:30.
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, 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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/DARREN W GORMAN/Primary Examiner, Art Unit 3752
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