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 .
Information Disclosure Statement
The information disclosure statements filed 06/24/2024 fail to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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.
Claim(s) 1-5 and 12-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parks (US 6085475 A) in view of Baier (US 3138124 A) and Keen (US 2793509 A).
Regarding claim 1, Parks teaches of:
An air intake system for an underground shelter (Fig. 7, 66-69), the system comprising:
an at least one surface intake pipe (Fig. 7, portion of 66 above ground G) which is connected to a corresponding vertical intake pipe (Fig. 7, portion of 66 below ground G connected to portion of 66 above ground), wherein the vertical intake pipe is attached to an exterior of the underground shelter (vertical portion of 66 is attached to the exterior of shelter 50); and
an at least one vertical exhaust pipe (Fig. 7, vertical portion of 68 below ground G) which is connected to a corresponding surface exhaust pipe (portion of 68 above ground G), wherein the at least one vertical exhaust pipe is attached to an exterior of the underground shelter (vertical portion of 68 is connected to the exterior of the shelter 50), and wherein air located in the interior of the underground shelter traverses through the at least one vertical exhaust pipe and through the corresponding surface exhaust pipe to egress out of the interior of the underground shelter (air flows from the interior of 50 through 68 and to the surface).
Parks fails to explicitly teach:
a corresponding sloped intake pipe which is connected to a corresponding vertical intake pipe and wherein the sloped intake pipe is angled downward away from the point at which the corresponding vertical intake pipe is connected to the corresponding sloped intake pipe, wherein condensation that forms in the sloped intake pipe is allowed to drain away from the corresponding vertical intake pipe and into the corresponding surface intake pipe, and wherein air located above ground, outside of the underground shelter, traverses through the at least one surface intake pipe, through the corresponding sloped intake pipe, and through the corresponding vertical intake pipe to enter the interior of the underground shelter
Baier teaches of:
wherein air located above ground, outside of the underground shelter, traverses through the at least one surface intake pipe (Fig. 1, 34), through the corresponding intake pipe (Fig. 1, section of horizontal pipe with 33), and through the corresponding vertical intake pipe (Fig. 1, 32) to enter the interior of the underground shelter (Fig. 1, air flows from 34, to section of pipe 33, to 31 and into the interior of the shelter 10)
The primary reference can be modified to meet this/these limitation(s) as follows:
modify vertical section of 66 of Parks so that instead of extending directly to surface 66 it connects to the pipe sections of 33 of Baier resulting in the portion of 66 above the ground to be offset from the vertical portion of 66 below ground so that air enters through the above ground portion of 66 turns 90 degrees to the horizontal, passes through 33, turns 90 degrees downward and enters into the vertical below ground portion of 66 and then the portion extending through the wall of the shelter
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
adding the section 33 that is offset laterally from the vertical intake pipe allows for particulates within the air to be filtered and prevents any from falling through the vertical pipe into the shelter (Baier, Col. 2, lines 54-62, “A filter 33 is offset laterally from the pipe 31 and the intake to the filter is connected with a vertical pipe 34 extending up slightly above the surface of the ground and capped with a return bend 35 to prevent the entrance of falling dust and rain water. Any radioactive dust present in the air is trapped in filter 33 which is separated by a thick layer of earth from the top of the shelter so that radiation from the filter will not reach the shelter”)
Keen teaches of:
a corresponding sloped intake pipe (Figs. 1-3, 30 are air intake conduits connected to surface intake pipes 41 and a vertical intake pipe 45; Col. 4, lines 65-68 “The slope of the conduits may be on the order of 4° which is sufficient to allow for drainage of condensation liquid from the conduits whenever such liquid is present”)
wherein the sloped intake pipe is angled downward away from the point at which the corresponding vertical intake pipe is connected to the corresponding sloped intake pipe (Fig. 3 shows a cross-section of the sloped intake pipes which shows that the slop is upward from its connection to 41 to the vertical intake pipe 45), wherein condensation that forms in the sloped intake pipe is allowed to drain away from the corresponding vertical intake pipe and into the corresponding surface intake pipe (Col. 5, lines 15-18, “The lower ends of the riser pipes 41 are open in order that any condensation of moisture within the sloping conduits 30 with which these pipes communicate may be drained therefrom”)
The primary reference can be modified to meet this/these limitation(s) as follows:
modify the portion of pipe with filter 33 of the combined teachings so that it has a slope of 4° from its connection at the surface intake pipe to the vertical pipe of the combined teachings and further provide an opening at the bottom of the connection point between the surface intake pipe and the sloped intake pipe so that the condensate collected in the pipe can be drained
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
when extracting outside air and conveying it into underground pipes during warmer seasons, the moisture in the warmer outside air will condense on the cooler surfaces of the pipe, requiring some form of condensation collection to occur to dehumidify the air before it is delivered to its final destination
Regarding claim 2, the combined teachings teach of the air intake system for an underground shelter of claim 1, and the combined teachings further teach:
wherein the at least one sloped intake air pipe is sloped at an angle greater than two degrees from horizontal (Keen, Col. 4, lines 65-68 “The slope of the conduits may be on the order of 4° which is sufficient to allow for drainage of condensation liquid from the conduits whenever such liquid is present”)
Regarding claim 3, the combined teachings teach of the air intake system for an underground shelter of claim 1, and the combined teachings further teach:
wherein the at least one surface intake pipe has a curved segment at its distal end (Parks, Fig. 7, 67), located above ground (67 is above ground G).
Regarding claim 4, the combined teachings teach of the air intake system for an underground shelter of claim 1, and the combined teachings further teach:
wherein the at least one surface exhaust pipe has a curved segment at its distal end (Parks, Fig. 9, 69), located above ground (69 is above ground G).
Regarding claim 5, the combined teachings teach of the air intake system for an underground shelter of claim 1, and the combined teachings further teach:
wherein the distal end of the at least one surface intake pipe is positioned above ground (Parks, Fig. 7, 67 is above ground G), away from the distal end of the at least one surface exhaust pipe that also has its distal end located above ground (Parks, Fig. 7, 69 is also above ground G and positioned away from 67), wherein the at least one surface intake pipe is arranged such that each does not receive air egressing out of a corresponding the at least one surface exhaust pipe (67 is arranged so that is does not receive air from 69).
Regarding claim 12, the combined teachings teach of the air intake system for an underground shelter of claim 1, and the combined teachings further teach:
further comprising:
an air pump (Fig. 7, 80) connected to the vertical air intake pipe (80 is connected to vertical section of 66), wherein the air pump moves air into the vertical air intake pipe and through the air intake system (Parks, Col. 7, lines 8-10, “Fans 80 and 82 force air movement through the ventilation conduits 66 and 68”)
Regarding claim 13, Parks teaches of:
An air intake system for an underground shelter (Fig. 7, 66-69), the system comprising:
a vertical intake pipe (Fig. 7, portion of 66 below ground G connected to horizontal portion of 66) connected to an exterior of the underground shelter (vertical portion of 66 is connected to the exterior of shelter 50 via horizontal portion of 66) and extending substantially vertically from the underground shelter (vertical portion of 66 extends vertically from 50);
a surface intake pipe (portion of 66 above ground G);
a vertical exhaust pipe (Fig. 7, vertical portion of 68 below ground G) connected to a corresponding surface exhaust pipe (portion of 68 above ground G), wherein the vertical exhaust pipe is attached to an exterior of the underground shelter (vertical portion of 68 below ground is connected to the exterior of 55), and wherein the vertical exhaust pipe and the surface exhaust pipe are arranged such that air from the interior of the underground shelter traverses into and through the vertical exhaust pipe and through the surface exhaust pipe to egress out of the interior of the underground shelter (air flows from the interior of 50 through 68 and to the surface).
Parks fails to explicitly teach:
a sloped intake pipe connected to the vertical intake pipe;
a surface intake pipe connected to the sloped intake pipe;
wherein the sloped intake pipe is angled downward away from the point at which it is connected to the vertical intake pipe such that condensation within the sloped intake pipe drains away from the vertical intake pipe and into the surface intake pipe;
wherein the vertical intake pipe, sloped intake pipe, and surface intake pipe are arranged such that air from above ground traverses into and through the surface intake pipe, through the sloped intake pipe, and through the vertical intake pipe to enter an interior of the underground shelter
Baier teaches of:
wherein the vertical intake pipe, intake pipe, and surface intake pipe are arranged such that air from above ground traverses into and through the surface intake pipe (Fig. 1, 34), through the intake pipe (Fig. 1, section of horizontal pipe with 33), and through the vertical intake pipe (Fig. 1, 32) to enter an interior of the underground shelter (Fig. 1, air flows from 34, to section of pipe 33, to 31 and into the interior of the shelter 10)
The primary reference can be modified to meet this/these limitation(s) as follows:
modify vertical section of 66 of Parks so that instead of extending directly to surface 66 it connects to the pipe sections of 33 of Baier resulting in the portion of 66 above the ground to be offset from the vertical portion of 66 below ground so that air enters through the above ground portion of 66 turns 90 degrees to the horizontal, passes through 33, turns 90 degrees downward and enters into the vertical below ground portion of 66 and then the portion extending through the wall of the shelter
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
adding the section 33 that is offset laterally from the vertical intake pipe allows for particulates within the air to be filtered and prevents any from falling through the vertical pipe into the shelter (Baier, Col. 2, lines 54-62, “A filter 33 is offset laterally from the pipe 31 and the intake to the filter is connected with a vertical pipe 34 extending up slightly above the surface of the ground and capped with a return bend 35 to prevent the entrance of falling dust and rain water. Any radioactive dust present in the air is trapped in filter 33 which is separated by a thick layer of earth from the top of the shelter so that radiation from the filter will not reach the shelter”)
Keen teaches of:
a sloped intake pipe (Figs. 1-3, 30 is sloped; Col. 4, lines 65-68 “The slope of the conduits may be on the order of 4° which is sufficient to allow for drainage of condensation liquid from the conduits whenever such liquid is present”) connected to the vertical intake pipe (Figs. 1-3, 30 are air intake conduits connected to a vertical intake pipe 45);
a surface intake pipe connected to the sloped intake pipe (Figs. 1-3, 30 are air intake conduits connected to surface intake pipes 41);
wherein the sloped intake pipe is angled downward away from the point at which it is connected to the vertical intake pipe (Fig. 3 shows a cross-section of the sloped intake pipes which shows that the slop is upward from its connection to 41 to the vertical intake pipe 45) such that condensation within the sloped intake pipe drains away from the vertical intake pipe and into the surface intake pipe (Col. 5, lines 15-18, “The lower ends of the riser pipes 41 are open in order that any condensation of moisture within the sloping conduits 30 with which these pipes communicate may be drained therefrom”)
The primary reference can be modified to meet this/these limitation(s) as follows:
modify the portion of pipe with filter 33 of the combined teachings so that it has a slope of 4° from its connection at the surface intake pipe to the vertical pipe of the combined teachings and further provide an opening at the bottom of the connection point between the surface intake pipe and the sloped intake pipe so that the condensate collected in the pipe can be drained
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
when extracting outside air and conveying it into underground pipes during warmer seasons, the moisture in the warmer outside air will condense on the cooler surfaces of the pipe, requiring some form of condensation collection to occur to dehumidify the air before it is delivered to its final destination
Regarding claim 14, the combined teachings teach of the air intake system for an underground shelter of claim 13, and the combined teachings further teach:
wherein the sloped intake air pipe is sloped at an angle greater than two degrees from horizontal (Keen, Col. 4, lines 65-68 “The slope of the conduits may be on the order of 4° which is sufficient to allow for drainage of condensation liquid from the conduits whenever such liquid is present”)
Regarding claim 15, the combined teachings teach of the air intake system for an underground shelter of claim 13, and the combined teachings further teach:
wherein the surface intake pipe has a curved segment at its distal end (Parks, Fig. 7, 67), located above ground (67 is above ground G).
Regarding claim 16, the combined teachings teach of the air intake system for an underground shelter of claim 13, and the combined teachings further teach:
wherein the surface exhaust pipe has a curved segment at its distal end (Parks, Fig. 9, 69), located above ground (69 is above ground G).
Regarding claim 17, the combined teachings teach of the air intake system for an underground shelter of claim 13, and the combined teachings further teach:
wherein the distal end of the surface intake pipe is positioned above ground (Parks, Fig. 7, 67 is above ground G), away from the distal end of the surface exhaust pipe that also has its distal end located above ground (Parks, Fig. 7, 69 is also above ground G and positioned away from 67), wherein the surface intake pipe is arranged to not receive air that egressed out of the surface exhaust pipe (67 is arranged so that is does not receive air from 69).
Claim(s) 6-11 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parks (US 6085475 A) in view of Baier (US 3138124 A) and Keen (US 2793509 A) and in further view of Tadokoro (JP 2013134036 A) and Patterson (US 4953581 A)
Regarding claim 6, the combined teachings teach of the air intake system for an underground shelter of claim 1, however, the combined teachings fail to explicitly teach:
further comprising:
the at least one surface intake pipe having at least one lower disposal pipe segment, wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding surface intake pipe at which the corresponding sloped intake pipe is connected to the surface intake pipe; and
the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe at its distal end, wherein the at least one check value is arranged such that condensation received from the corresponding sloped intake pipe egresses out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding surface intake pipe through the at least one check valve.
Tadokoro teaches of:
the at least one surface intake (Fig. 2, 5) pipe having at least one lower disposal pipe segment (Fig. 2, 21 of 5), wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding surface intake pipe at which the corresponding sloped intake pipe is connected to the surface intake pipe (Fig. 2, 21 extends downward and away from the point where 5 connects with sloped intake pipe 2)
The primary reference can be modified to meet this/these limitation(s) as follows:
add an extension of pipe 41 of Fig. 3 of Keen so that the open portion of 41 which drains condensate is positioned lower than the connection point between 41 and 30
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the condensate to drain further away from the sloped intake pipe before seeping into the ground, preventing the accumulation of condensate at the connection point between the surface intake and the sloped intake
Patterson teaches of:
the at least one lower disposal pipe segment having at least one check valve (Fig. 1), wherein the at least one check valve is connected to the at least one lower disposal pipe at its distal end (Fig. 1, see valve 10 connected to distal end of a disposal pipe), wherein the at least one check value is arranged such that condensation received from the corresponding sloped intake pipe egresses out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding surface intake pipe through the at least one check valve (Fig. 2, liquid is allowed to drain out of the valve from the draining direction from 17 to the outlet at 31 as the valve of Patterson only seals off the valve in the draining direction when there is excess pressure in the line but groundwater is prevented from entering the valve and the valve would further prevent he ingress of air as air would lift 23 and cause contact of 24 with 20).
The combined teachings can be modified to meet this/these limitation(s) as follows:
insert the valve of Patterson into the distal end of pipe extension of Tadokoro
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for condensate to drain into the ground as the surface intake pipe is under atmospheric pressure but would prevent the ingress of groundwater and debris into the surface intake pipe (Patterson, Col. 3, lines 63-66, “The second valve head 24 is capable of seating against the second valve seat in response to pressure of ground water to inhibit backflow of ground water into the water line 15”; Col. 4, lines 23-26, “porous filter element 36 form a closed end of the second bore 18 in the conduit 10 to prevent foreign, solid objects such as dirt and pebbles from infiltrating into the second bore 18”)
Regarding claim 7, the combined teachings teach of air intake system for an underground shelter of claim 6, and the combined teachings further teach:
wherein the at least one check valve is connected to a debris screen at its distal end (Patterson, Fig. 2, 36), wherein the debris screen inhibits small rocks and other debris from entering into the distal end of the at least one check value (Patterson, Col. 4, lines 23-26, “porous filter element 36 form a closed end of the second bore 18 in the conduit 10 to prevent foreign, solid objects such as dirt and pebbles from infiltrating into the second bore 18”)
Regarding claim 8, the combined teachings teach of the air intake system for an underground shelter of claim 1, however, the combined teachings fail to explicitly teach:
further comprising:
the at least one vertical exhaust pipe having at least one lower disposal pipe segment, wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding vertical exhaust pipe at which the corresponding vertical exhaust pipe is connected to the underground shelter; and
the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe at its distal end, wherein the at least one check value is arranged such that condensation received from the corresponding air exhaust pipe egresses out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding vertical exhaust pipe through the at least one check valve.
Tadokoro teaches of:
the at least one vertical exhaust pipe (Fig. 1, 4B) having at least one lower disposal pipe segment (Fig. 2, 21 of 6) wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding vertical exhaust pipe at which the corresponding vertical exhaust pipe is connected to the underground shelter (Fig. 2, 21 extends downward and away from all portions of the system)
The combined teachings can be modified to meet this/these limitation(s) as follows:
add a section of pipe at the connection between the horizontal portion of 68 and the vertical portion of 68 of Parks that is open and extends downward and away from the horizontal and vertical connection
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for condensate that forms in underground air conduits to be evacuated from the system (Fig. 4, 30 represents condensate draining into 21)
Patterson teaches of:
the at least one lower disposal pipe segment having at least one check valve (Fig. 1), wherein the at least one check valve is connected to the at least one lower disposal pipe at its distal end (Fig. 1, see valve 10 connected to distal end of a disposal pipe), wherein the at least one check value is arranged such that condensation received from the corresponding air exhaust pipe egresses out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding vertical exhaust pipe through the at least one check valve (Fig. 2, liquid is allowed to drain out of the valve from the draining direction from 17 to the outlet at 31 as the valve of Patterson only seals off the valve in the draining direction when there is excess pressure in the line but groundwater is prevented from entering the valve and the valve would further prevent he ingress of air as air would lift 23 and cause contact of 24 with 20).
The combined teachings can be modified to meet this/these limitation(s) as follows:
insert the valve of Patterson into the distal end of pipe extension of Tadokoro
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for condensate to drain into the ground as the exhaust pipe is under atmospheric pressure but would prevent the ingress of groundwater and debris into the exhaust pipe (Patterson, Col. 3, lines 63-66, “The second valve head 24 is capable of seating against the second valve seat in response to pressure of ground water to inhibit backflow of ground water into the water line 15”; Col. 4, lines 23-26, “porous filter element 36 form a closed end of the second bore 18 in the conduit 10 to prevent foreign, solid objects such as dirt and pebbles from infiltrating into the second bore 18”)
Regarding claim 9, the combined teachings teach of air intake system for an underground shelter of claim 8, and the combined teachings further teach:
wherein the at least one check valve is connected to a debris screen at its distal end (Patterson, Fig. 2, 36), wherein the debris screen inhibits small rocks and other debris from entering into the distal end of the at least one check value (Patterson, Col. 4, lines 23-26, “porous filter element 36 form a closed end of the second bore 18 in the conduit 10 to prevent foreign, solid objects such as dirt and pebbles from infiltrating into the second bore 18”)
Regarding claim 10, the combined teachings teach of the air intake system for an underground shelter of claim 1, however, the combined teachings fail to explicitly teach:
further comprising:
the at least one vertical intake pipe having at least one lower disposal pipe segment,
wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding vertical intake pipe at which the corresponding vertical intake pipe is connected to the underground shelter; and
the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe segment at its distal end, wherein the at least one check value is arranged such that condensation received from the corresponding vertical air intake pipe egresses out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding vertical air intake pipe through the at least one check valve.
Tadokoro teaches of:
the at least one vertical intake pipe (Fig. 4, vertical section between 2 and 4) having at least one lower disposal pipe segment (Fig. 4 portion of 21 below 2),
wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding vertical intake pipe at which the corresponding vertical intake pipe is connected to the underground shelter (Fig. 4, lower portion of 21 below 2 extends downward and away from all portions of the system)
The combined teachings can be modified to meet this/these limitation(s) as follows:
add a section of pipe extending downward from the connection point between vertical 66 and horizontal 66 of Parks so that condensation can drain from the vertical portion of 66 before traveling into the horizontal portion of 66
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
Tadokoro teaches of providing condensate drainage at any vertical portion of pipe so that condensate does not pool in the system (Tadokoro, ¶ [0023], “the flexible pipe 2 can smoothly drain condensation generated inside it to the other end 2o along the slope, effectively suppressing the growth of mold and unpleasant odors caused by condensation buildup.”)
Patterson teaches of:
the at least one lower disposal pipe segment having at least one check valve (Fig. 1), wherein the at least one check valve is connected to the at least one lower disposal pipe at its distal end (Fig. 1, see valve 10 connected to distal end of a disposal pipe), wherein the at least one check value is arranged such that condensation received from the corresponding vertical air intake pipe egresses out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding vertical air intake pipe through the at least one check valve (Fig. 2, liquid is allowed to drain out of the valve from the draining direction from 17 to the outlet at 31 as the valve of Patterson only seals off the valve in the draining direction when there is excess pressure in the line but groundwater is prevented from entering the valve and the valve would further prevent he ingress of air as air would lift 23 and cause contact of 24 with 20).
The combined teachings can be modified to meet this/these limitation(s) as follows:
insert the valve of Patterson into the distal end of pipe extension of Tadokoro at the connection between vertical portion of 66 and horizontal portion of 66 of Parks
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for condensate to drain into the ground as the exhaust pipe is under atmospheric pressure but would prevent the ingress of groundwater and debris into the exhaust pipe (Patterson, Col. 3, lines 63-66, “The second valve head 24 is capable of seating against the second valve seat in response to pressure of ground water to inhibit backflow of ground water into the water line 15”; Col. 4, lines 23-26, “porous filter element 36 form a closed end of the second bore 18 in the conduit 10 to prevent foreign, solid objects such as dirt and pebbles from infiltrating into the second bore 18”)
Regarding claim 11, the combined teachings teach of air intake system for an underground shelter of claim 10, and the combined teachings further teach:
wherein the at least one check valve is connected to a debris screen at its distal end (Patterson, Fig. 2, 36), wherein the debris screen inhibits small rocks and other debris from entering into the distal end of the at least one check value (Patterson, Col. 4, lines 23-26, “porous filter element 36 form a closed end of the second bore 18 in the conduit 10 to prevent foreign, solid objects such as dirt and pebbles from infiltrating into the second bore 18”)
Regarding claim 18, the combined teachings teach of the air intake system for an underground shelter of claim 13, however, the combined teachings fail to explicitly teach:
further comprising:
the surface intake pipe having a lower disposal pipe segment, wherein the lower disposal pipe segment protrudes downward away from the point on the surface intake pipe at which the sloped intake pipe is connected to the surface intake pipe; and
the lower disposal pipe segment having a check valve, wherein the check valve is connected to the lower disposal pipe at its distal end, wherein the check value is arranged such that condensation received from the sloped intake pipe egresses out of the lower disposal pipe segment but air is inhibited from entering into the surface intake pipe through the check valve.
Tadokoro teaches of:
the surface intake (Fig. 2, 5) pipe having a lower disposal pipe segment (Fig. 2, 21 of 5), wherein the lower disposal pipe segment protrudes downward away from the point on the surface intake pipe at which the sloped intake pipe is connected to the surface intake pipe (Fig. 2, 21 extends downward and away from the point where 5 connects with sloped intake pipe 2)
The primary reference can be modified to meet this/these limitation(s) as follows:
add an extension of pipe 41 of Fig. 3 of Keen so that the open portion of 41 which drains condensate is positioned lower than the connection point between 41 and 30
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the condensate to drain further away from the sloped intake pipe before seeping into the ground, preventing the accumulation of condensate at the connection point between the surface intake and the sloped intake
Patterson teaches of:
the lower disposal pipe segment having a check valve (Fig. 1), wherein the check valve is connected to the lower disposal pipe at its distal end (Fig. 1, see valve 10 connected to distal end of a disposal pipe), wherein the check value is arranged such that condensation received from the sloped intake pipe egresses out of the at least one lower disposal pipe segment but air is inhibited from entering into the surface intake pipe through the check valve (Fig. 2, liquid is allowed to drain out of the valve from the draining direction from 17 to the outlet at 31 as the valve of Patterson only seals off the valve in the draining direction when there is excess pressure in the line but groundwater is prevented from entering the valve and the valve would further prevent he ingress of air as air would lift 23 and cause contact of 24 with 20).
The combined teachings can be modified to meet this/these limitation(s) as follows:
insert the valve of Patterson into the distal end of pipe extension of Tadokoro
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for condensate to drain into the ground as the surface intake pipe is under atmospheric pressure but would prevent the ingress of groundwater and debris into the surface intake pipe (Patterson, Col. 3, lines 63-66, “The second valve head 24 is capable of seating against the second valve seat in response to pressure of ground water to inhibit backflow of ground water into the water line 15”; Col. 4, lines 23-26, “porous filter element 36 form a closed end of the second bore 18 in the conduit 10 to prevent foreign, solid objects such as dirt and pebbles from infiltrating into the second bore 18”)
Regarding claim 19, the combined teachings teach of the air intake system for an underground shelter of claim 13, however, the combined teachings fail to explicitly teach:
further comprising:
the vertical exhaust pipe having a lower disposal pipe segment, wherein the lower disposal pipe segment protrudes downward away from the point on the vertical exhaust pipe at which the vertical exhaust pipe is connected to the underground shelter; and
the lower disposal pipe segment having a check valve, wherein the check valve is connected to the lower disposal pipe at its distal end, wherein the check value is arranged such that condensation received from the vertical exhaust pipe egresses out of the lower disposal pipe segment but air is inhibited from entering into the vertical exhaust pipe through the check valve.
Tadokoro teaches of:
the vertical exhaust pipe (Fig. 1, 4B) having a lower disposal pipe segment (Fig. 2, 21 of 6) wherein the lower disposal pipe segment protrudes downward away from the point on the vertical exhaust pipe at which the vertical exhaust pipe is connected to the underground shelter (Fig. 2, 21 extends downward and away from all portions of the system)
The combined teachings can be modified to meet this/these limitation(s) as follows:
add a section of pipe at the connection between the horizontal portion of 68 and the vertical portion of 68 of Parks that is open and extends downward and away from the horizontal and vertical connection
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for condensate that forms in underground air conduits to be evacuated from the system (Fig. 4, 30 represents condensate draining into 21)
Patterson teaches of:
the disposal pipe segment having a check valve (Fig. 1), wherein the check valve is connected to the lower disposal pipe at its distal end (Fig. 1, see valve 10 connected to distal end of a disposal pipe), wherein the check value is arranged such that condensation received from the air exhaust pipe egresses out of the lower disposal pipe segment but air is inhibited from entering into the vertical exhaust pipe through the check valve (Fig. 2, liquid is allowed to drain out of the valve from the draining direction from 17 to the outlet at 31 as the valve of Patterson only seals off the valve in the draining direction when there is excess pressure in the line but groundwater is prevented from entering the valve and the valve would further prevent he ingress of air as air would lift 23 and cause contact of 24 with 20).
The combined teachings can be modified to meet this/these limitation(s) as follows:
insert the valve of Patterson into the distal end of pipe extension of Tadokoro
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for condensate to drain into the ground as the exhaust pipe is under atmospheric pressure but would prevent the ingress of groundwater and debris into the exhaust pipe (Patterson, Col. 3, lines 63-66, “The second valve head 24 is capable of seating against the second valve seat in response to pressure of ground water to inhibit backflow of ground water into the water line 15”; Col. 4, lines 23-26, “porous filter element 36 form a closed end of the second bore 18 in the conduit 10 to prevent foreign, solid objects such as dirt and pebbles from infiltrating into the second bore 18”)
Regarding claim 20, the combined teachings teach of the air intake system for an underground shelter of claim 13, however, the combined teachings fail to explicitly teach:
further comprising:
the vertical intake pipe having a lower disposal pipe segment, wherein the lower disposal pipe segment protrudes downward away from the point on the vertical intake pipe at which the vertical intake pipe is connected to the underground shelter; and
the lower disposal pipe segment having a check valve, wherein the check valve is connected to the lower disposal pipe segment at its distal end, wherein the check value is arranged such that condensation received from the vertical air intake pipe egresses out of the lower disposal pipe segment but air is inhibited from entering into the vertical air intake pipe through the at least one check valve.
Tadokoro teaches of:
the vertical intake pipe (Fig. 4, vertical section between 2 and 4) having a lower disposal pipe segment (Fig. 4 portion of 21 below 2),
wherein the lower disposal pipe segment protrudes downward away from the point on the vertical intake pipe at which the vertical intake pipe is connected to the underground shelter (Fig. 4, lower portion of 21 below 2 extends downward and away from all portions of the system)
The combined teachings can be modified to meet this/these limitation(s) as follows:
add a section of pipe extending downward from the connection point between vertical 66 and horizontal 66 of Parks so that condensation can drain from the vertical portion of 66 before traveling into the horizontal portion of 66
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
Tadokoro teaches of providing condensate drainage at any vertical portion of pipe so that condensate does not pool in the system (Tadokoro, ¶ [0023], “the flexible pipe 2 can smoothly drain condensation generated inside it to the other end 2o along the slope, effectively suppressing the growth of mold and unpleasant odors caused by condensation buildup.”)
Patterson teaches of:
the lower disposal pipe segment having a check valve (Fig. 1), wherein the check valve is connected to disposal pipe at its distal end (Fig. 1, see valve 10 connected to distal end of a disposal pipe), wherein the one check value is arranged such that condensation received from the vertical air intake pipe egresses out of the at least one lower disposal pipe segment but air is inhibited from entering into the vertical air intake pipe through the at least one check valve (Fig. 2, liquid is allowed to drain out of the valve from the draining direction from 17 to the outlet at 31 as the valve of Patterson only seals off the valve in the draining direction when there is excess pressure in the line but groundwater is prevented from entering the valve and the valve would further prevent he ingress of air as air would lift 23 and cause contact of 24 with 20).
The combined teachings can be modified to meet this/these limitation(s) as follows:
insert the valve of Patterson into the distal end of pipe extension of Tadokoro at the connection between vertical portion of 66 and horizontal portion of 66 of Parks
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for condensate to drain into the ground as the exhaust pipe is under atmospheric pressure but would prevent the ingress of groundwater and debris into the exhaust pipe (Patterson, Col. 3, lines 63-66, “The second valve head 24 is capable of seating against the second valve seat in response to pressure of ground water to inhibit backflow of ground water into the water line 15”; Col. 4, lines 23-26, “porous filter element 36 form a closed end of the second bore 18 in the conduit 10 to prevent foreign, solid objects such as dirt and pebbles from infiltrating into the second bore 18”)
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-2, 5-6, 8, 10, 13-14 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13-20 of U.S. Patent No. 11939792 (hereinafter referred to as patent ‘792). Although the claims at issue are not identical, they are not patentably distinct from each other because they are narrower in scope and anticipate the claims of the instant application.
Instant Application 18700513
Patent ‘792
Claim 1:
An air intake system for an underground shelter, the system comprising:
an at least one surface intake pipe connected to a corresponding sloped intake pipe which is connected to a corresponding vertical intake pipe, wherein the vertical intake pipe is attached to an exterior of the underground shelter, and wherein the sloped intake pipe is angled downward away from the point at which the corresponding vertical intake pipe is connected to the corresponding sloped intake pipe, wherein condensation that forms in the sloped intake pipe is allowed to drain away from the corresponding vertical intake pipe and into the corresponding surface intake pipe, and wherein air located above ground, outside of the underground shelter, traverses through the at least one surface intake pipe, through the corresponding sloped intake pipe, and through the corresponding vertical intake pipe to enter the interior of the underground shelter; and
an at least one vertical exhaust pipe which is connected to a corresponding surface exhaust pipe, wherein the at least one vertical exhaust pipe is attached to an exterior of the underground shelter, and wherein air located in the interior of the underground shelter traverses through the at least one vertical exhaust pipe and through the corresponding surface exhaust pipe to egress out of the interior of the underground shelter.
Claim 13:
The underground shelter of claim 8 further comprising an air intake system comprising: an at least one surface intake pipe connected to a corresponding sloped intake pipe which is connected to a corresponding vertical intake pipe, wherein the vertical intake pipe is attached to the exterior of an underground shelter, and wherein the sloped intake pipe is angled downward away from the point at which the corresponding vertical intake pipe is connected to the corresponding sloped intake pipe such that condensation that forms in the sloped intake pipe is caused to drain away from the corresponding vertical intake pipe and into the corresponding surface intake pipe, and wherein the located above ground, outside of the underground shelter, is caused to traverse through the at least one surface intake pipe, through the corresponding vertical sloped intake pipe, and through the corresponding vertical intake pipe to enter the interior of the underground shelter; and an at least one vertical exhaust pipe connected to a corresponding surface exhaust pipe, wherein the vertical exhaust pipe is attached to the exterior of the underground shelter, and wherein air located in the interior of the underground shelter is caused to traverse through the at least one vertical exhaust pipe and through the corresponding surface exhaust pipe to egress out of the interior of the underground shelter.
Claim 2:
The air intake system for an underground shelter of claim 1, wherein the at least one sloped intake air pipe is sloped at an angle greater than two degrees from horizontal.
Claim 14:
The underground shelter of claim 13, wherein the sloped intake air pipe is sloped at an angle greater than two degrees.
Claim 5:
The air intake system for an underground shelter of claim 1, wherein the distal end of the at least one surface intake pipe is positioned above ground, away from the distal end of the at least one surface exhaust pipe that also has its distal end located above ground, wherein the at least one surface intake pipe is arranged such that each does not receive air egressing out of a corresponding the at least one surface exhaust pipe.
Claim 15:
The underground shelter of claim 13, wherein the distal end of the at least one surface intake pipe is positioned above ground, away from the distal end of the at least one surface exhaust pipe that is also has its distal end located above ground, wherein the least one surface intake pipe does not receive air that just egressed out of the at least one surface exhaust pipe.
Claim 6:
The air intake system for an underground shelter of claim 1, further comprising:
the at least one surface intake pipe having at least one lower disposal pipe segment,
wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding surface intake pipe at which the corresponding sloped intake pipe is connected to the surface intake pipe; and
the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe at its distal end, wherein the at least one check value is arranged such that condensation received from the corresponding sloped intake pipe egresses out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding surface intake pipe through the at least one check valve.
Claim 16:
The underground shelter of claim 13 further comprising: the at least one surface intake pipe having at least one lower disposal pipe segment, wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding surface intake pipe at which the corresponding sloped intake pipe is connected to the surface intake pipe; the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe at its distal end, wherein the at least one check value is arranged to allow for condensation received from the corresponding sloped intake pipe to egress out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding surface intake pipe through the at least one check valve.
Claim 8:
The air intake system for an underground shelter of claim 1, further comprising:
the at least one vertical exhaust pipe having at least one lower disposal pipe segment, wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding vertical exhaust pipe at which the corresponding vertical exhaust pipe is connected to the underground shelter; and
the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe at its distal end, wherein the at least one check value is arranged such that condensation received from the corresponding air exhaust pipe egresses out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding vertical exhaust pipe through the at least one check valve.
Claim 17:
The underground shelter of claim 13 further comprising: the at least one vertical exhaust pipe having at least one lower disposal pipe segment, wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding vertical exhaust pipe at which the corresponding vertical exhaust pipe is connected to the underground shelter; the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe at its distal end, wherein the at least one check value is arranged to allow for condensation received from the corresponding air exhaust pipe to egress out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding vertical exhaust pipe through the at least one check valve.
Claim 10:
The air intake system for an underground shelter of claim 1, further comprising:
the at least one vertical intake pipe having at least one lower disposal pipe segment,
wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding vertical intake pipe at which the corresponding vertical intake pipe is connected to the underground shelter; and
the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe segment at its distal end, wherein the at least one check value is arranged such that condensation received from the corresponding vertical air intake pipe egresses out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding vertical air intake pipe through the at least one check valve.
Claim 18:
The underground shelter of claim 13 further comprising: the at least one vertical intake pipe having at least one lower disposal pipe segment, wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding vertical intake pipe at which the corresponding vertical intake pipe is connected to the underground shelter; the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe segment at its distal end, wherein the at least one check value is arranged to allow for condensation received from the corresponding vertical air intake pipe to egress out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding vertical air intake pipe through the at least one check valve.
Claim 13:
An air intake system for an underground shelter, the system comprising:
a vertical intake pipe connected to an exterior of the underground shelter and extending substantially vertically from the underground shelter;
a sloped intake pipe connected to the vertical intake pipe;
a surface intake pipe connected to the sloped intake pipe;
wherein the sloped intake pipe is angled downward away from the point at which it is connected to the vertical intake pipe such that condensation within the sloped intake pipe drains away from the vertical intake pipe and into the surface intake pipe;
wherein the vertical intake pipe, sloped intake pipe, and surface intake pipe are arranged such that air from above ground traverses into and through the surface intake pipe, through the sloped intake pipe, and through the vertical intake pipe to enter an interior of the underground shelter; and
a vertical exhaust pipe connected to a corresponding surface exhaust pipe, wherein the vertical exhaust pipe is attached to an exterior of the underground shelter, and wherein the vertical exhaust pipe and the surface exhaust pipe are arranged such that air from the interior of the underground shelter traverses into and through the vertical exhaust pipe and through the surface exhaust pipe to egress out of the interior of the underground shelter.
Claim 13:
The underground shelter of claim 8 further comprising an air intake system comprising: an at least one surface intake pipe connected to a corresponding sloped intake pipe which is connected to a corresponding vertical intake pipe, wherein the vertical intake pipe is attached to the exterior of an underground shelter, and wherein the sloped intake pipe is angled downward away from the point at which the corresponding vertical intake pipe is connected to the corresponding sloped intake pipe such that condensation that forms in the sloped intake pipe is caused to drain away from the corresponding vertical intake pipe and into the corresponding surface intake pipe, and wherein the located above ground, outside of the underground shelter, is caused to traverse through the at least one surface intake pipe, through the corresponding vertical sloped intake pipe, and through the corresponding vertical intake pipe to enter the interior of the underground shelter; and an at least one vertical exhaust pipe connected to a corresponding surface exhaust pipe, wherein the vertical exhaust pipe is attached to the exterior of the underground shelter, and wherein air located in the interior of the underground shelter is caused to traverse through the at least one vertical exhaust pipe and through the corresponding surface exhaust pipe to egress out of the interior of the underground shelter.
Claim 17:
The air intake system for an underground shelter of claim 13, wherein the distal end of the surface intake pipe is positioned above ground, away from the distal end of the surface exhaust pipe that also has its distal end located above ground, wherein the surface intake pipe is arranged to not receive air that egressed out of the surface exhaust pipe.
Claim 15:
The underground shelter of claim 13, wherein the distal end of the at least one surface intake pipe is positioned above ground, away from the distal end of the at least one surface exhaust pipe that is also has its distal end located above ground, wherein the least one surface intake pipe does not receive air that just egressed out of the at least one surface exhaust pipe.
Claim 18:
The air intake system for an underground shelter of claim 13, further comprising:
the surface intake pipe having a lower disposal pipe segment, wherein the lower disposal pipe segment protrudes downward away from the point on the surface intake pipe at which the sloped intake pipe is connected to the surface intake pipe; and
the lower disposal pipe segment having a check valve, wherein the check valve is connected to the lower disposal pipe at its distal end, wherein the check value is arranged such that condensation received from the sloped intake pipe egresses out of the lower disposal pipe segment but air is inhibited from entering into the surface intake pipe through the check valve.
Claim 16:
The underground shelter of claim 13 further comprising: the at least one surface intake pipe having at least one lower disposal pipe segment, wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding surface intake pipe at which the corresponding sloped intake pipe is connected to the surface intake pipe; the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe at its distal end, wherein the at least one check value is arranged to allow for condensation received from the corresponding sloped intake pipe to egress out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding surface intake pipe through the at least one check valve.
Claim 19:
The air intake system for an underground shelter of claim 13, further comprising:
the vertical exhaust pipe having a lower disposal pipe segment, wherein the lower disposal pipe segment protrudes downward away from the point on the vertical exhaust pipe at which the vertical exhaust pipe is connected to the underground shelter; and
the lower disposal pipe segment having a check valve, wherein the check valve is connected to the lower disposal pipe at its distal end, wherein the check value is arranged such that condensation received from the vertical exhaust pipe egresses out of the lower disposal pipe segment but air is inhibited from entering into the vertical exhaust pipe through the check valve.
Claim 17:
The underground shelter of claim 13 further comprising: the at least one vertical exhaust pipe having at least one lower disposal pipe segment, wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding vertical exhaust pipe at which the corresponding vertical exhaust pipe is connected to the underground shelter; the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe at its distal end, wherein the at least one check value is arranged to allow for condensation received from the corresponding air exhaust pipe to egress out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding vertical exhaust pipe through the at least one check valve.
Claim 20:
The air intake system for an underground shelter of claim 13, further comprising:
the vertical intake pipe having a lower disposal pipe segment, wherein the lower disposal pipe segment protrudes downward away from the point on the vertical intake pipe at which the vertical intake pipe is connected to the underground shelter; and
the lower disposal pipe segment having a check valve, wherein the check valve is connected to the lower disposal pipe segment at its distal end, wherein the check value is arranged such that condensation received from the vertical air intake pipe egresses out of the lower disposal pipe segment but air is inhibited from entering into the vertical air intake pipe through the at least one check valve.
Claim 18:
The underground shelter of claim 13 further comprising: the at least one vertical intake pipe having at least one lower disposal pipe segment, wherein the at least one lower disposal pipe segment protrudes downward away from the point on the corresponding vertical intake pipe at which the corresponding vertical intake pipe is connected to the underground shelter; the at least one lower disposal pipe segment having at least one check valve, wherein the at least one check valve is connected to the at least one lower disposal pipe segment at its distal end, wherein the at least one check value is arranged to allow for condensation received from the corresponding vertical air intake pipe to egress out of the at least one lower disposal pipe segment but air is inhibited from entering into the corresponding vertical air intake pipe through the at least one check valve.
Regarding claim 1 of the instant application:
Claims 1 of the instant application and 13 of patent ‘792 are substantially identical except for the inclusion of the term “vertical sloped intake pipe” in claim 13 of patent ‘792. However, this only narrows claim 13 further and therefore claim 13 of patent ‘792 would still anticipated claim 1 of the instant application.
Regarding claim 2 of the instant application:
Claim 2 of the instant application differs from claim 14 of patent ‘792 due to the inclusion of the limitation “from horizontal” in claim 2 of the instant application. However, the sloped intake pipe in claim 13 of patent ‘792 is described to have a “vertical slope” and “angle downward and away” from its connection point at the vertical intake pipe to its connection to the surface intake pipe. Such an arrangement would necessitate that the slope angle be from horizontal and as such claim 14 of patent ‘792 would still anticipate claim 2 of the instant application.
Regarding claim 13 of the instant application:
Claim 13 of the instant application differs from claim 13 of patent ‘792 due to the inclusion of “and extending substantially vertically from the underground shelter” in claim 13 of the instant application in reference to the vertical intake pipe. However, in claim 13 of patent ‘792 the vertical intake pipe is connected to and extends from the underground shelter and as such must extends vertically from the underground shelter. Therefore, claim 13 of patent ‘792 would still anticipate claim 13 of the instant application.
Conclusion
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/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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