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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/21/2025 has been entered. Claims 1-4, 6-10, and 12-14 are currently pending. Claims 5, 11, and 15 are cancelled form consideration.
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.
Claims 1-4, 6-10, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 4101950 (Hager hereinafter) in view of 8000 MRG Operation manual (Gasket hereinafter, please note that the 8000 MRG pump was available from 11/11/2020 per the attached Wayback Machine reference attached) and further in view of US 6286172 (Castagnoli hereinafter).
Regarding claim 1, Hager teaches a fluid transfer pump (Figures 1 and 2) fully capable of being used with a toilet that discloses a housing (Housing formed of 28/30); a pump system (Pump system formed of 52 and 80 with 18/20 and 22/24); a power switch (Switch 16); the pump system comprising a pump (Piston pump 52), an inlet hose (Inlet hose formed by 18/20), and an outlet hose (outlet hose formed by 22/24); the pump being hermetically connected within the housing (Evident from Figure 2); the inlet hose being in fluid communication with the pump (Evident from Figure 2); the outlet hose being in fluid communication with the pump (Evident from Figure 2); the inlet hose traversing through the housing (Figure 2); the outlet hose traversing through the housing (Figure 2); the power switch being connected onto the housing (Under the broadest reasonable interpretation, the power switch 16 is connected to 28/30 via 12).
Hager is silent with respect to a battery; the battery being removably positioned within the housing; and the pump being electrically connected to the battery through the power switch.
However, Gasket teaches an electric fluid transfer pump that discloses a battery (Batteries shown in the section titled “How to Place the Batteries” on Page 1); the battery being removably positioned within the housing (Evident from the section “How to Place the Batteries”); and the pump being electrically connected to the battery through the power switch (Switches “ON” and “OFF” shown in the “Name of Each Part” section on Page 1). The resultant combination would replace the separate power switch and AC power of 14 with the battery power and local ON/OFF buttons on the housing as shown by Gasket.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the pump and pump housing of Hager with the localized power switch and battery power to allow for a fully remote utilization of the transfer pump of Hager without the need for a power cable and the limited length available by the power cable.
Hager is silent with respect to a control stick, and the control stick being terminally attached to a distal end of inlet hose.
However, Castagnoli discloses a remote location cleaning apparatus that discloses a control stick (Figure 1, control stick 20), and the control stick being terminally attached to a distal end of a cleaning device (Figure 1 shows the control stick 20 being connected to a cleaning end of the cleaning device 14 and air hose 13). The resultant combination would utilize the control stick 20 of Castagnoli to position the cleaning end of the cleaning device (bladder 14 in Castagnoli) and incorporate the control stick onto the fluid inlet end of the hose 20 of Hager to remotely position the fluid inlet to the desired location per the teachings of Castagnoli (Column 3 Line 53 through Column 4 Line 15 pf Castagnoli to access long/remote areas).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the suction end of the inlet tubing of Hager with the control stick of Castagnoli to allow for a user to easily position the tube inlet into far or remote positions.
Regarding claim 2, Hager’s modified teachings are described above in claim 1 where the combination of Hager, Gasket, and Castagnoli would further disclose that the housing comprising a compartment (Combination where the compartment is where the batteries will be located in Hager per Gasket); the compartment being connected within the housing (Evident from the images of Gasket); and the battery being removably positioned within the compartment (Evident from Gasket as applied to Hager).
Regarding claim 3, Hager’s modified teachings are described above in claim 1 where the combination of Hager, Gasket, and Castagnoli would further disclose that the power switch is connected to a front panel of the housing (Gasket shows the “ON/OFF” switches on the interpreted front panel and this location would be maintained on Hager).
Regarding claim 4, Hager’s modified teachings are described above in claim 1 where the combination of Hager, Gasket, and Castagnoli would further disclose that the inlet hose and the outlet hose each comprising a proximal end and a distal end (Inherent of the hoses shown in both Hager and Gasket where the proximal sides are the ends closest to the pump and the distal are the opposite ends from the pump); the proximal end of the inlet hose being connected to an inlet port of the pump (Evident of Hager); the proximal end of the outlet hose being connected to an outlet port of the pump (Evident from Hager); the distal end of the inlet hose being externally positioned to the housing (End going into the fluid tank from 20 of Hager); and the distal end of the outlet hose being externally positioned to the housing (Outlet of 24 leading away from Hager’s pump).
Regarding claim 6, Hager’s modified teachings are described above in claim 1 where the combination of Hager, Gasket, and Castagnoli would further disclose a mounting hook (Hanger 26 of Hager in Figure 1); and the mounting hook being integrated into a rear panel of the housing (Evident from Figure 1 of Hager).
Regarding claim 7, Hager teaches a fluid transfer pump (Figures 1 and 2) fully capable of being used with a toilet that discloses a housing (Housing formed of 28/30); a pump system (Pump system formed of 52 and 80 with 18/20 and 22/24); a power switch (Switch 16); a mounting hook (Hanger 26); the pump system comprising a pump (Piston pump 52), an inlet hose (Inlet hose formed by 18/20), and an outlet hose (outlet hose formed by 22/24); the pump being hermetically connected within the housing (Evident from Figure 2); the inlet hose being in fluid communication with the pump (Evident from Figure 2); the outlet hose being in fluid communication with the pump (Evident from Figure 2); the inlet hose traversing through the housing (Figure 2); the outlet hose traversing through the housing (Figure 2); the power switch being connected onto the housing (Under the broadest reasonable interpretation, the power switch 16 is connected to 28/30 via 12); the mounting hook being integrated into a rear panel of the housing (Evident from Figure 1 of Hager).
Hager is silent with respect to a battery; the battery being removably positioned within the housing; and the pump being electrically connected to the battery through the power switch.
However, Gasket teaches an electric fluid transfer pump that discloses a battery (Batteries shown in the section titled “How to Place the Batteries” on Page 1); the battery being removably positioned within the housing (Evident from the section “How to Place the Batteries”); and the pump being electrically connected to the battery through the power switch (Switches “ON” and “OFF” shown in the “Name of Each Part” section on Page 1). The resultant combination would replace the separate power switch and AC power of 14 with the battery power and local ON/OFF buttons on the housing as shown by Gasket.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the pump and pump housing of Hager with the localized power switch and battery power to allow for a fully remote utilization of the transfer pump of Hager without the need for a power cable and the limited length available by the power cable.
Hager is silent with respect to a control stick, and the control stick being terminally attached to a distal end of inlet hose.
However, Castagnoli discloses a remote location cleaning apparatus that discloses a control stick (Figure 1, control stick 20), and the control stick being terminally attached to a distal end of a cleaning device (Figure 1 shows the control stick 20 being connected to a cleaning end of the cleaning device 14 and air hose 13). The resultant combination would utilize the control stick 20 of Castagnoli to position the cleaning end of the cleaning device (bladder 14 in Castagnoli) and incorporate the control stick onto the fluid inlet end of the hose 20 of Hager to remotely position the fluid inlet to the desired location per the teachings of Castagnoli (Column 3 Line 53 through Column 4 Line 15 pf Castagnoli to access long/remote areas).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the suction end of the inlet tubing of Hager with the control stick of Castagnoli to allow for a user to easily position the tube inlet into far or remote positions.
Regarding claim 8, Hager’s modified teachings are described above in claim 7 where the combination of Hager, Gasket, and Castagnoli would further disclose that the housing comprising a compartment (Combination where the compartment is where the batteries will be located in Hager per Gasket); the compartment being connected within the housing (Evident from the images of Gasket); and the battery being removably positioned within the compartment (Evident from Gasket as applied to Hager).
Regarding claim 9, Hager’s modified teachings are described above in claim 7 where the combination of Hager, Gasket, and Castagnoli would further disclose that the power switch is connected to a front panel of the housing (Gasket shows the “ON/OFF” switches on the interpreted front panel and this location would be maintained on Hager).
Regarding claim 10, Hager’s modified teachings are described above in claim 7 where the combination of Hager, Gasket, and Castagnoli would further disclose that the inlet hose and the outlet hose each comprising a proximal end and a distal end (Inherent of the hoses shown in both Hager and Gasket where the proximal sides are the ends closest to the pump and the distal are the opposite ends from the pump); the proximal end of the inlet hose being connected to an inlet port of the pump (Evident of Hager); the proximal end of the outlet hose being connected to an outlet port of the pump (Evident from Hager); the distal end of the inlet hose being externally positioned to the housing (End going into the fluid tank from 20 of Hager); and the distal end of the outlet hose being externally positioned to the housing (Outlet of 24 leading away from Hager’s pump).
Regarding claim 12, Hager teaches a fluid transfer pump (Figures 1 and 2) fully capable of being used with a toilet that discloses a housing (Housing formed of 28/30); a pump system (Pump system formed of 52 and 80 with 18/20 and 22/24); a power switch (Switch 16); a mounting hook (Hanger 26); the pump system comprising a pump (Piston pump 52), an inlet hose (Inlet hose formed by 18/20), and an outlet hose (outlet hose formed by 22/24); the pump being hermetically connected within the housing (Evident from Figure 2); the inlet hose being in fluid communication with the pump (Evident from Figure 2); the outlet hose being in fluid communication with the pump (Evident from Figure 2); the inlet hose traversing through the housing (Figure 2); the outlet hose traversing through the housing (Figure 2); the power switch being connected onto the housing (Under the broadest reasonable interpretation, the power switch 16 is connected to 28/30 via 12); the mounting hook being integrated into a rear panel of the housing (Evident from Figure 1 of Hager).
Hager is silent with respect to a battery; the battery being removably positioned within the housing; the power switch is connected to a front panel of the housing; and the pump being electrically connected to the battery through the power switch.
However, Gasket teaches an electric fluid transfer pump that discloses a battery (Batteries shown in the section titled “How to Place the Batteries” on Page 1); the battery being removably positioned within the housing (Evident from the section “How to Place the Batteries”); the power switch is connected to a front panel of the housing (Gasket shows the “ON/OFF” switches on the interpreted front panel); and the pump being electrically connected to the battery through the power switch (Switches “ON” and “OFF” shown in the “Name of Each Part” section on Page 1). The resultant combination would replace the separate power switch and AC power of 14 with the battery power and local ON/OFF buttons on the housing as shown by Gasket.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the pump and pump housing of Hager with the localized power switch and battery power to allow for a fully remote utilization of the transfer pump of Hager without the need for a power cable and the limited length available by the power cable.
Hager is silent with respect to a control stick, and the control stick being terminally attached to a distal end of inlet hose.
However, Castagnoli discloses a remote location cleaning apparatus that discloses a control stick (Figure 1, control stick 20), and the control stick being terminally attached to a distal end of a cleaning device (Figure 1 shows the control stick 20 being connected to a cleaning end of the cleaning device 14 and air hose 13). The resultant combination would utilize the control stick 20 of Castagnoli to position the cleaning end of the cleaning device (bladder 14 in Castagnoli) and incorporate the control stick onto the fluid inlet end of the hose 20 of Hager to remotely position the fluid inlet to the desired location per the teachings of Castagnoli (Column 3 Line 53 through Column 4 Line 15 pf Castagnoli to access long/remote areas).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the suction end of the inlet tubing of Hager with the control stick of Castagnoli to allow for a user to easily position the tube inlet into far or remote positions.
Regarding claim 13, Hager’s modified teachings are described above in claim 12 where the combination of Hager, Gasket, and Castagnoli would further disclose that the housing comprising a compartment (Combination where the compartment is where the batteries will be located in Hager per Gasket); the compartment being connected within the housing (Evident from the images of Gasket); and the battery being removably positioned within the compartment (Evident from Gasket as applied to Hager).
Regarding claim 14, Hager’s modified teachings are described above in claim 12 where the combination of Hager, Gasket, and Castagnoli would further disclose that the inlet hose and the outlet hose each comprising a proximal end and a distal end (Inherent of the hoses shown in both Hager and Gasket where the proximal sides are the ends closest to the pump and the distal are the opposite ends from the pump); the proximal end of the inlet hose being connected to an inlet port of the pump (Evident of Hager); the proximal end of the outlet hose being connected to an outlet port of the pump (Evident from Hager); the distal end of the inlet hose being externally positioned to the housing (End going into the fluid tank from 20 of Hager); and the distal end of the outlet hose being externally positioned to the housing (Outlet of 24 leading away from Hager’s pump).
Response to Arguments
Applicant’s arguments with respect to claim 1-4, 6-10, and 12-14 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J. TREMARCHE whose telephone number is (571)272-2175. The examiner can normally be reached Monday - Thursday 0700-1700 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL HOANG can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CONNOR J TREMARCHE/Primary Examiner, Art Unit 3762