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 .
Response to Amendment
Applicant’s reply filed July 1, 2026 is hereby acknowledged. Claims 3 and 10 were cancelled. “New” claim 21 was added. Thus, claims 1, 2, 4-9 and 11-21 are pending and are addressed below.
Election/Restrictions
Claims 18-20 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 replacement drawing sheets (1/10-5/10) were received on July 1, 2026. These drawing sheets are acceptable.
Claim Objections
Claims 1, 2, 4-9, 11-17 and 21 are objected to because of the following informalities:
Regarding claim 1, on line 17, the recitation, “an upper surface of the deicing fluid reservoir” is essentially a double-inclusion in the claim (see lines 3-4 of claim 1).
Appropriate correction is required.
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 § 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, 7-9 and 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); a controller (reference number 30 is described as “pump and controls”; and a deicing fluid discharge line (74; see Fig. 6, and see column 3, lines 2-3) in fluid communication with the fluid dispensing device to apply the deicing fluid contained in the deicing fluid containing chamber; a nozzle (clearly implied by the shown and described “ground hose” and “reels” in column 3, lines 2-3) mounted to an end of the deicing fluid discharge line (it is implicit that the nozzle would be mounted to an end of the “ground hose”, based on the system being an aircraft deicing fluid sprayer); and a reel (Figs. 1 and 3 clearly show a hose reel mounted on the upper surface of “tank 29”, which in the context of the disclosure in column 3, lines 2-3, as well as what is shown schematically in Fig. 6, would undoubtedly hold the “ground hose” in a coiled manner) mounted to the upper surface of the deicing fluid reservoir for coiling the deicing fluid discharge line thereon; and wherein the deicing fluid reservoir, the component housing, the fluid dispensing device, the heating system, the energy supply assembly, the controller, the deicing fluid discharge line, and the reel 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, 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 extends 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) 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 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), the external recirculation system being 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) for heating the deicing fluid circulated in the external recirculation system.
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, 4, 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 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.
In the office action mailed April 9, 2026, the Examiner took Official Notice with respect to the obviousness of modifying the prior art device of (modified) McClinchy to include the aforementioned feature(s) which was/were not expressly disclosed by McClinchy. Since Applicant has not traversed the Examiner’s assertion of Official Notice, as set forth in paragraph 22 of the Office Action mailed April 9, 2026, the Examiner is now officially and clearly indicating that such a modification is admitted to be common or well-known in the art, and is therefore taken to be admitted prior art. See MPEP 2144.03 (C)
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.
As to claim 12, 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.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Randa, US Patent Application Publication No. 2015/0336121.
As to claim 21, McClinchy shows the portable deicing apparatus as claimed in claim 1. However, McClinchy is silent as to the portable deicing apparatus further comprising a safety valve in fluid communication with the deicing fluid containing chamber, the safety valve including an overflow duct extending outwardly from the upper surface of the deicing fluid reservoir.
Randa shows and describes a portable aircraft deicing apparatus (see Figs. 1 and 2) which sprays deicing fluid (12), including a deicing fluid reservoir (20) defining a deicing fluid containing chamber and having an upper surface (upper surface of 20; see Fig. 1), and Randa teaches the apparatus as including a safety valve (see paragraph [0019]) in fluid communication with the deicing fluid containing chamber, the safety valve including an overflow duct (34) extending outwardly from the upper surface of the deicing fluid reservoir (see again, Fig. 1). Randa essentially teaches that inclusion of the safety valve allows one to depressurize the fluid reservoir (for safety reasons) before accessing the deicing fluid containing chamber, if necessary. 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 a safety valve in fluid communication with the deicing fluid containing chamber, the safety valve including an overflow duct extending outwardly from the upper surface of the deicing fluid reservoir, as taught by Randa, thus allowing one to depressurize the fluid reservoir (for safety reasons) before accessing the deicing fluid containing chamber, if necessary.
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.
Response to Arguments
Applicant's arguments, see the section under “Claim rejections under 35 USC § 102 and 103” on pages 14-17 of the “Remarks” portion of the response filed July 1, 2026 have been fully considered but they are not persuasive.
In the aforementioned section of the aforementioned response, Applicant essentially asserts that none of the prior art references, alone or in combination, applied in the Office action mailed April 9, 2026, reasonably disclose the features added to claim 1 in the aforementioned response. As set forth above in paragraph 10 of the instant Office action, this Office does not agree. Applicant’s attention is hereby directed to paragraph 10 of the instant Office action as to how the prior art to McClinchy (USPN 4,723,733) anticipates (at least) amended claim 1.
Conclusion
THIS ACTION IS MADE FINAL. 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 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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