DETAILED CORRESPONDENCE
Acknowledgements
This office action is in response to the communication filed 5/26/2026.
Claims 1-13 are pending and have been examined.
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
Applicant's election with traverse of Group I, Claims 1-9 in the reply filed on 5/26/2026 is acknowledged. The traversal is on the ground(s) that there is no explanation why each group lacks unity with each other group. This is persuasive as upon reconsideration, Examiner has determined claim 1 is allowable subject to correcting 35 USC 112 issues below.
As such, the restriction requirement dated 4/22/2026 is withdrawn.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 1-13 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 pre-AIA the applicant regards as the invention.
Claim 1 line 4 recites the limitation "at least one side wall (14), which is substantially vertical and completely surrounds said tank (12)". It is unclear as recited what constitutes “substantially vertical” when it is clear to surround a 3-dimensional single tank necessarily incorporates horizontal structure. Examiner suggest reciting completely surrounds said tank and extends vertically from at least one bottom wall.
Claim 1 lines 6-9 recite “at least one first inner partition wall (18), which faces a first inner surface (14A)” and “at least one second inner partition wall (20), which faces a second inner surface (14B)”. Here, each of the partition walls are expected to have multiple sides, so it is unclear as recited what constitutes “fac[ing]” an inner surface, moreover, the inner surface being cylindrical so it technical faces both sides or simultaneously faces away from an inner surface. Examiner suggests claiming “which has a surface facing a first inner surface”.
Claim 1 line 4 recites “at an edge (22)”. It is unclear as recited whether the “edge” references an edge of the at least one first inner partition wall or an edge of said at least one side wall. The same applies to line 7 “at end edge (24)”.
Claim 1 line 10 recites “said entry edge (22)”. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests “said edge for the entry of said textile support”. The same applies to line 13 “said exit edge (24)”.
Claim 1 recites “a perimeter system for watertight sealing” and then “due to the watertight seal performed by said first process fluid”. First, there is insufficient antecedent basis for the recitation “watertight seal”. Second, it is unclear as recited how the first process fluid “performs” the watertight seal, where the proper antecedent basis appears to be “a perimeter system”.
The present claims appear to be a rough translation of a foreign application. Applicant’s assistance in identifying further 112 issues and antecedent basis issues is appreciated.
Allowable Subject Matter
Claims 1-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record (US 20210189622 A1) teaches a dyeing apparatus, a tank, at least one side wall, at least one bottom wall, at least one first inner partition wall, at least one upper lid, a first hydraulic circuit; and although it is further known to provide a first hydraulic circuit and a second hydraulic circuit including separate entry/exit positions from a bottom wall, as shown by (US 2008/0040870 A1), the prior art of record does not teach, suggest or motivate - at least one first inner partition wall (18), which faces a first inner surface (14A) of said side wall (14) placed at an edge (22) for the entry of said textile support (100) into said tank (12), and at least one second inner partition wall (20), which faces a second inner surface (14B) of said side wall (14) placed at an edge (24) for the exit of said textile support (100) from said tank (12), wherein at least one dyeing compartment (26) of said tank (12) is provided between said first inner partition wall (18) and said second inner partition wall (20), wherein a first interspace (28) for the passage of said textile support (100) from said entry edge (22) to said dyeing compartment (26) is provided between said first inner partition wall (18) and said first inner surface (14A) of said side wall (14), and wherein a second interspace (30) for the passage of said textile support (100) from said dyeing compartment (26) to said exit edge (24) is provided between said second inner partition wall (20) and said second inner surface (14B) of said side wall (14); - at least one upper lid (32), which engages in a mobile [[and/]]or removable manner on said first inner partition wall (18), on said second inner partition wall (20) and on the upper side channels of said tank (12), forming a perimeter system for watertight sealing of said dyeing compartment (26); - a first hydraulic circuit (34, 36; 38, 40), which is designed to feed a first process fluid (B) into said tank (12), to circulate said first process fluid (B) inside said tank (12) and to discharge said first process fluid (B) from said tank (12), so that said first process fluid (B) can flow both in said dyeing compartment (26) and in said first interspace (28) and second interspace (30); and - a second fluid circuit (42), which is designed to feed a second process fluid (N) into said dyeing compartment (26), to circulate said second process fluid (N) inside said dyeing compartment (26) and to discharge said second process fluid (N) from said dyeing compartment (26), so that said second process fluid (N) can only flow into said dyeing compartment (26) due to the watertight seal performed by said first process fluid (B) contained in said first interspace (28) and second interspace (30), wherein said first hydraulic circuit (34, 36; 38, 40) for feeding said first process fluid (B) into said tank (12), for circulating said first process fluid (B) inside said tank (12) and for discharging said first process fluid (B) from said tank (12) comprises:- first means (34, 36) for entry/exit of said first process fluid (B), which are operatively connected to said tank (12) and are positioned at a first distance (D1) from the lower end of said bottom wall (16), so as to feed said first process fluid (B) up to a first predefined filling level (L1) both in said dyeing compartment (26) and in said first interspace (28) and second interspace (30); and- second means (38, 40) for entry/exit of said first process fluid (B), which are operatively connected to said tank (12) and are positioned at a second distance (D2) from the lower end of said bottom wall (16), wherein said second distance (D2) is greater than said first distance (D1), so as to feed said first process fluid (B) up to a second predefined filling level (L2) both in said dyeing compartment (26) and in said first interspace (28) and second interspace (30), and wherein said second predefined filling level (L2) is greater than said first predefined filling level (L1), in the context of claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2764010 A note partitions for separating tank.
JP 2001518989 A note partitions and liquid baths.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN LEE whose telephone number is (571)270-7299. The examiner can normally be reached M-F 8:30am to 6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached on 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KEVIN G. LEE
Examiner
Art Unit 1711
/KEVIN G LEE/Examiner, Art Unit 1711
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