DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/05/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "a waste tank having…an outlet" in line 4. Later in the claim, “a first outlet of the waste tank” is recited in line 8, and “a second outlet of the waste tank” is recited in line 11. Accordingly, an antecedent basis exists as it is unclear how many waste tank outlets are required by the claim: are the first and second outlets further defining the originally claimed “outlet” or are there three separate outlets for the waste tank being claimed? A review of the specification shows a first outlet and a second outlet, so for the purpose of examination the claim is being treated as only requiring two outlets. Examiner suggests amending line 4 to read as “a waste tank having an inlet and a plurality of outlets” or something similar to overcome. Claims 2-18 are similarly rejected as they inherit this issue due to dependency.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 6-8, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN-113463724-A (hereinafter Wang) using attached machine translation in view of US Patent Application Publication 2017/0152657 (hereinafter Seimiya).
Regarding claim 1, Wang discloses a waste collection and processing system for use in low-gravity environments (fig. 1), the waste collection and processing system comprising: a toilet having a bowl (see fig. 1 shows a toilet with a bowl adj toilet flush valve 16)
Wang fails to show a lid with the toilet. Attention is turned to Seimiya in the same field of endeavor of waste collection and processing systems which shows it is common to include a lid (30) with the toilet (par. 38). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include a lid with the toilet of Wang as is well-known in the art and evidenced by the teachings above to cover the toilet bowl before and after use.
Regarding claim 2, Wang discloses a fan (30) arranged to pull air and waste gases through the bowl, into and through the waste tank, and through the third second outlet of the waste tank (“the system structure of the invention is simple; the pressure difference between the cabin and the waste water tank; pumping the waste water into the waste water tank; fully processing the waste gas, ensuring no peculiar smell of the engine room”; “the waste water tank 22 is connected with the water-gas separator 19 by a hoop and a cloth-clamping rubber pipe; the vacuum air suction pipe 27, the vacuum one-way valve 28; a pressure sensor II 29 and a vacuum pump 30, a vacuum pumping pipeline 27 extends to the cabin non-closed space”).
Regarding claim 6, Wang discloses a controller (32) configured to control operation of the first valve, the second valve, and the third valve.
Regarding claim 7, Wang discloses a switch (15) configured to be actuated to activate the controller.
Regarding claim 8, Wang shows the switch (15) is integrated with the toilet but fails to show it is actuated by opening and closing of the lid. Attention is again turned to Seimiya which shows a switch associated with the movement of the lid (par. 38). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the switch of Wang to be actuated by opening and closing of the lid to automatically control flushing as evidenced by the teachings above.
Regarding claim 11, Wang discloses at least one fluid injector (4) arranged to inject at least one of water, cleaning fluid, and waste treatment fluid into at least one of the bowl (the bowl; fig. 1) and a flow path between the bowl and the waste tank (not explicitly disclosed).
Claim(s) 3 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Seimiya as applied to claim 1 above, and further in view of US Patent 11,351,492 (hereinafter Hoang).
Regarding claim 3, Wang fails to show further comprising a filter assembly arranged downstream from the second outlet of the waste tank, the filter assembly configured to remove odor and moisture from the gases received from the waste tank. Attention is turned to Hoang in the same field of endeavor of waste collecting and processing systems which shows including a filter assembly (110) downstream from a ‘second’ outlet (104 - similar placement in the system as the second outlet of Wang) to remove odor and moisture from gases received in a waste tank (102) of an aircraft (col. 5, ln. 14-24). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the system of Wang to include a filter assembly arranged downstream from the second outlet of the waste tank, the filter assembly configured to remove odor and moisture from the gases received from the waste tank as is known in the art and evidenced by the teachings above.
Regarding claim 12, Wang fails to show a de-mister arranged at the second outlet of the waste tank and upstream from the third valve, the de-mister configured to remove moisture from a flow of gas exiting the waste tank through the second outlet. Attention is turned to Hoang in the same field of endeavor of waste collection and processing systems which teaches including a demister (110) arranged at a ‘second’ outlet (104 – similar placement in the system as the second outlet of Wang) of a waste tank (102) in an aircraft and upstream from a ‘third’ valve (116 – similar placement in the system as the third valve of Wang) configured to remove moisture from a flow of gas exiting the waste tank through the second outlet (104). Hoang teaches that is beneficial to remove moisture from gasses in the waste storage tank to allow the gas to be released without causing condensation or freezing at the exit of the gas from the aircraft (col. 1, ln. 11-24). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include a de-mister as described above and taught by Hoang to effectively remove moisture from the airflow which would prevent condensation and freezing at the exhaust outlet of the transport system as evidenced by the teachings of Hoang mentioned above.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Seimiya as applied to claim 1 above, and further in view of US Patent 9,688,407 (hereinafter McIntosh).
Regarding claims 4 and 5, Wang fails to show the occupied space is part of a spacecraft or space station. Attention is turned to McIntosh in the same field of endeavor of waste collection and processing systems which shows a similar system suitable for use with a variety of spaces including an aircraft, spacecraft or space station (col. 8, ln. 1-9). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to use the system of Wang in an occupied space of a spacecraft or space station depending on a user’s needs, such selection of intended use being known in the art and suitable for its function as evidenced by the teachings above.
Claim(s) 13-14 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Seimiya as applied to claim 1 above, and further in view of US Patent 4,052,758 (hereinafter Arena).
Regarding claim 13, Wang shows the waste tank fluidly connected to the toilet is a first waste tank and the toilet and the first waste tank define a solid waste collection system of the waste collection and processing system (fig. 1), but fails to show the waste collection and processing system further comprising: a liquid waste collection system comprising: a liquid waste receptacle; a second waste tank fluidly connected to the liquid waste receptacle; and a fourth valve arranged between the liquid waste receptacle and the second waste tank, wherein gases removed from the second waste tank are directed to at least one of the occupied space, the external environment, or the waste reclamation system. Attention is turned to Arena in the same field of endeavor of waste collection and processing systems which shows including a first waste tank (42) and a toilet that defines a solid waste collection system (24) and a liquid waste collection system comprising a liquid waste receptacle (22), a second waste tank (32) fluidly connected to the liquid waste receptacle, and a valve (46) arranged between the liquid waste receptacle and the second waste tank. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include a liquid waste collection system comprising: a liquid waste receptacle; a second waste tank fluidly connected to the liquid waste receptacle; and a fourth valve arranged between the liquid waste receptacle and the second waste tank to allow for separate storage of solid and liquid waste as evidenced by the teachings above. Regarding the limitation wherein gases removed from the second waste tank are directed to at least one of the occupied space, the external environment, or the waste reclamation system, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to treat the gases in the second tank in the same manner as the first tank of Wang to provide the same benefit. In other words, providing the same function to a second waste tank to achieve the same result involves only routine skill in the art.
Regarding claim 14, under the modification set forth above of Wang in view of Arena, it would have been obvious to one having ordinary skill in the art to include a fifth valve arranged at a first outlet of the second waste tank between the second waste tank and a second waste outlet (similar to the first outlet of the first waste tank as described by Wang); and a sixth valve at a second outlet of the second waste tank and configured to control of flow of gases from the second waste tank through the second outlet of the second waste tank (similar to the second outlet arrangement of the first waste tank as described by Wang) since such a modification would essentially be a duplication of parts of including the same venting and waste removal configuration in the second tank as the first tank.
Regarding claim 16, under the modification set forth above in view of Arena, Arena shows at least one fluid injector (26, 26’, 26”) arranged to inject at least one of water, cleaning fluid, and waste treatment fluid into at least one of the liquid waste receptacle (22) and a flow path between the liquid waste receptacle and the second waste tank (not explicitly disclosed).
Regarding claim 17, Wang discloses the waste tank is a first waste tank configured to receive solid waste (solid waste goes from the toilet into the tank) but fails to show a urine capture element arranged within the bowl of the toilet; and a second waste tank fluidly connected to the urine capture element. Attention is turned to Arena in the same field of endeavor of waste collection and processing systems which shows including a first waste tank (42) and a toilet that defines a solid waste collection system (24) and a liquid waste collection system comprising a urine capture element (22) arranged within the bowl of the toilet and a second waste tank (32) fluidly connected to the urine capture element. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include a urine capture element arranged within the bowl of the toilet; and a second waste tank fluidly connected to the urine capture element to allow for separate storage of solid and liquid waste as evidenced by the teachings above.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Seimiya and Arena as applied to claim 14 above, and further in view of Hoang.
Regarding claim 15, the combination of Wang, Seimiya, and Arena fails to show a de-mister arranged at the second outlet of the second waste tank and upstream from the sixth valve, the de-mister configured to remove moisture from a flow of gas exiting the second waste tank through the second outlet of the second waste tank. Attention is turned to Hoang in the same field of endeavor of waste collection and processing systems which teaches including a demister (110) arranged at a ‘second’ outlet (104 – similar placement in the system as the second outlet of Wang/Arena) of a waste tank (102) in an aircraft and upstream from a ‘sixth’ valve (116 – similar placement in the system as the sixth valve of Wang/Arena) configured to remove moisture from a flow of gas exiting the waste tank through the second outlet (104). Hoang teaches that is beneficial to remove moisture from gasses in the waste storage tank to allow the gas to be released without causing condensation or freezing at the exit of the gas from the aircraft (col. 1, ln. 11-24). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include a de-mister as described above and taught by Hoang to effectively remove moisture from the airflow which would prevent condensation and freezing at the exhaust outlet of the transport system as evidenced by the teachings of Hoang mentioned above.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Seimiya as applied to claim 1 above, and further in view of US Patent Application Publication 2022/0240734 (hereinafter Qu).
Regarding claim 18, Wang fails to show further comprising a heater operably connected to the waste tank to provide heating thereto. Attention is turned to Qu in the same field of endeavor of waste collection and processing systems which shows including a heater operably connected to a waste tank to heat the waste to assist in processing solid waste (par. 10). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include a heater operably connected to the waste tank of Wang to assist in processing the solid waste collected in the tank as evidenced by the teachings above.
Allowable Subject Matter
Claim 9 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, and overcoming the 112b rejection regarding claim 1. Claim 10 is similarly objected to since it depends from the claim containing allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 11,629,486 is directed to the state of the art of vacuum waste toilet systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754