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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: means of a water-level control unit (lines 1-2) and means (line 11) in claim 17.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 11 and 12 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 claim11, the phrase "in particular" (lines 2-3) and “more in particular” (line 3) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Regarding claim12, the phrase "in particular" (line 2) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 8, 11-14, and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dikeman (US 199,696).
As to claim 1, Dikeman discloses a water-level control unit configured for installation inside or onto a culvert, ditch or outlet of a drainage pipe and/or system of a water collecting surface area, the unit comprising:
a housing S that delimits a flow channel that has a lower section and an
upper section;
a valve element V that is positioned rotatable around a hinge axis P inside the
flow channel between a closed and an open position, wherein the valve element is
configured to in its closed position close off the lower section of the flow channel while
dividing the flow channel in a first upstream side and a second downstream side,
and to in its open position open the lower section; and
a floating body F for moving the valve element in dependence of a rising level
of water,
wherein the hinge axis P of the valve element is provided at a height spaced above a bottom of the flow channel,
wherein the valve element V comprises a lower flap portion in its closed
position hangs down from the hinge axis,
wherein the floating body F is provided at and connected to a side of the
lower flap portion at a height position in between the hinge and the bottom of
the flow channel,
wherein the lower flap portion, that in its closed position hangs down from the
hinge axis P, is rotatable around the hinge axis towards the first upstream side to rotate
open from its closed position into its open position, and
wherein the floating body F is configured for moving the valve element from its
closed position towards its open position in dependence of a rising level of water W at the first upstream side in the flow channel (see figure 3).
As to claim 2, Dikeman discloses (see figures 2 and 3) wherein the floating body F is configured for starting to pull the lower flap portion towards the first upstream side from its closed position into its open position due to buoyancy forces starting to act on the floating body when a level of water is reached at the first upstream side that corresponds to the height position at which the floating body is provided, while rotating the lower flap through the level of water at the first upstream side and opening up the lower section of the flow channel for the water to flow away towards the second downstream side.
As to claim 3, Dikeman discloses wherein the floating body F is provided at and connected to the first upstream side of the lower flap portion at the height position in between the hinge axis P and the bottom of the flow channel.
As to claim 8, Dikeman discloses wherein the hinge axis P extends between the lower section and upper section.
Insofar as understood, as to claim 11, Dikeman discloses wherein the housing comprises a holding/blocking arrangement (i.e. lower edge of pipe S), in particular an inwardly projecting abutment, more in particular forming a valve seat, at the lower section of the flow channel and configured for the lower flap portion to be held by and/or lie against in its closed position.
Insofar as understood, as to claim 12, Dikeman discloses wherein the holding/blocking arrangement, in particular said inwardly projecting abutment (i.e. lower edge of pipe S), is positioned at such a distance from the hinge axis that the lower flap portion in its closed position hangs down obliquely angled (pipe S appears to be angled) towards the first upstream side.
As to claim 13, Dikeman discloses wherein the housing comprises an outer blocking or sealing arrangement C that is configured to fit blocking or sealing inside a culvert, ditch or outlet of a pipe S.
As to claim 14, Dikeman discloses wherein the housing comprises an inner blocking C or sealing arrangement that is configured to fit sealing onto a culvert, ditch or outlet of a pipe S.
As to claim 16, Dikeman discloses an assembly of a water-level control unit according to
claim 1 (see above) and a culvert, ditch or outlet of a drainage pipe S and/or system of a water collecting surface area.
As to claim 17, Dikeman discloses a method for controlling a water-level by means of a water-level control unit according to claim 1 (see above), comprising the
steps:
installing the unit inside V or onto a culvert, ditch or outlet of a drainage pipe S
and/or system of a water collecting surface area;
positioning the floating body F at a height position in between the hinge axis P
and the bottom of the flow that corresponds to an aimed level of water (Lw) that
needs to be reached at the first upstream side before starting to pull the lower flap portion through the level of water towards the first upstream side from its closed position
into its open position due to buoyancy forces starting to act on the floating body and
passively and automatically controlling the water-level by means of:
each time the level of water at the first upstream side of the lower flap
portion reaches the height position of the floating body, have the floating body
pull the lower flap portion through the level of water towards the first upstream side from its closed position into its open position due to buoyancy forces acting on the floating body, while opening up at least the lower section of the flow channel for the water to flow away towards the second downstream side; and
each time the level of water at the first upstream side of the lower flap portion has dropped again to underneath the height position of the floating body, have the lower flap portion move back again from its open position into its closed position due to the buoyancy forces on the floating body dropping again, while closing off at least the lower section of the flow channel for the water to be blocked again at the first upstream side from draining away towards the second downstream side.
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dikeman (US 199,696) in view of Johnson (US 289,108).
As to claim 6, Dikeman discloses all that is claimed except wherein
the valve element is configured to leave open at least part of the upper section of
the flow channel in its closed position. Johnson discloses a valve element D that is configured to leave open at least part of the upper section of the flow channel in its closed position (see figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the valve element is configured to leave open at least part of the upper section of the flow channel in its closed position as disclosed by Johnson, since doing so provides the expected benefit of control flow in a sewer system.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dikeman (US 199,696) in view of Turner Jr. et al (US 6,478,954).
As to claim 15, Dikeman discloses all that is claimed except wherein the flow channel at the first and/or second downstream side is covered by a filter and/or grating. Turner Jr et al discloses a flow channel including a filter and/or grating (12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a filter and/or grating as disclosed by Turner Jr. et al, since doing so provides the expected benefit of filtering debris in a sewer system.
Allowable Subject Matter
Claims 4-5, 7 and 9-10 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 4, the prior art of record fails to show or suggest wherein a primary height-adjustable connection system is provided between the floating body and the lower flap portion, which primary height-adjustable connection is configured for varying the level of water to be reached at the first upstream side for the floating body to start pulling the lower flap portion towards the first upstream side from its closed position into its open position.
As to claim 7, the prior art of record fails to show or suggest wherein a partition wall is provided between the lower and upper section, which partition wall projects towards the first upstream side, and wherein the partition wall is configured for the floating body and/or lower flap portion to abut against in the open position.
As to claim 9, the prior art of record fails to show or suggest wherein the valve element further comprises an upper flap portion that in its closed position projects upwardly from the hinge axis.
As to claim 10, the prior art of record fails to show or suggest wherein a secondary height-adjustable connection system is provided between the valve element and the hinge axis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK L LAGMAN whose telephone number is (571)272-7043. The examiner can normally be reached Tuesday-Friday 8am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FREDERICK L LAGMAN/ Primary Examiner, Art Unit 3678