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 .
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 1-6, 21-26 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, “the water tank” lacks antecedent basis and it is unclear what it is referring to. In particular, the scope of the claims is unclear as to what exactly applicant is claiming. The claims are directed to a portable water tank yet only recites a drain sleeve attachment assembly.
Regarding claim 21, the scope of the claims is unclear as to whether applicant is reciting the combination of a drain sleeve attachment assembly and portable water tank or whether applicant is reciting the subcombination of a drain sleeve attachment assembly capable of functioning with a portable water tank. The preamble suggests the latter; however, the body of the claim suggests the former because it recites structure of the water tank in relation to the attachment assembly. Clarification of the scope of the claims is required.
Allowable Subject Matter
Claims 7-14 allowed.
Response to Arguments
Applicant's arguments filed 2/18/2026 have been fully considered but they are not persuasive. Initially, it is noted that applicant does not argue the rejection of the dependent claims. Applicant argues that the claims are not indefinite. This is not persuasive because claims 1-6 are directed to a portable water tank but only recite a drain sleeve attachment assembly. Claims 21-26 are directed to a sleeve attachment assembly, yet recite the assembly in structural relation to a water tank. Note that features such as a vertical post are described as part of the water tank and thus it is unclear how the sleeve attachment assembly can have a pivotable bar pivotally attached to a first vertical post if the water tank is not being recited.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT POON whose telephone number is (571)270-7425. The examiner can normally be reached Monday thru Friday, 8:30 am to 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT POON/ Examiner, Art Unit 3735
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