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
Applicant’s election without traverse of Group I, claims 1-9, in the reply filed on March 2, 2026 is acknowledged.
Claims 10-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 March 2, 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 3 and 6 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.
Regarding claim 3, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Appropriate correction is required.
Regarding claim 6, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-6, 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102019116594A1 to Jockel (see machine translation) in view of U.S. Patent App. Pub. No. 2016/0325321 to Zahnd et al.
As to claim 1, Jockel discloses a sewer cleaning system (see Jockel paragraph [0001]) comprising: a flushing nozzle which is movable or displaceable in a sewer pipe and which is coupled to a flushing hose, wherein the flushing nozzle is designed to clean the sewer pipe when the flushing nozzle is supplied with a flushing medium via the flushing hose (see Jockel paragraphs [0057]-[0065] disclosing hose 15 and movable/displaceable nozzles 26, 27); wherein the flushing nozzle comprises a transmitting unit, a camera and a data processing unit (see Jockel paragraphs [0034], [0043], [0044], [0056], [0057] disclosing a signal cables and radio signals, a camera and an evaluation unit/processor (read as data processing unit)); wherein the data processing unit is adapted to receive images of the sewer pipe taken by the camera, to analyze the images received in order to determine the cleaning status of the sewer pipe, and to generate a signal based on the determined cleaning state to select the appropriate cleaning program wherein the selected program is indicative of the determined cleaning state (see Jockel paragraphs [0034], [0043], [0044], [0056], [0057]).
While Jockel discloses that the processor can display and document the results of the calculations and evaluations (see Jockel paragraphs [0064], [0069]), Jockel does not explicitly disclose a display unit with a receiving unit, the transmitting unit is adapted to establish a communication with the receiving unit of the display unit, to transmit the signal via the transmitting unit to the receiving unit of the display unit and the display unit is adapted to cause a visualization of the received signal on the display unit based on the signal received from the receiving unit, wherein the visualization of the signal indicates the cleaning status of the sewer pipe. Zahnd discloses a similar sewer cleaning system comprising a display unit with a receiving unit, the transmitting unit is adapted to establish a communication with the receiving unit of the display unit, to transmit the signal via the transmitting unit to the receiving unit of the display unit and the display unit is adapted to cause a visualization of the received signal on the display unit based on the signal received from the receiving unit (see Zahnd paragraphs [0046]-[0051]; see also paragraph [0037] disclosing that data other than image data may be transmitted to the display means). It would have been obvious to one of ordinary skill in the art at the time of filing to include a display means with a receiving unit and the transmitting unit being able to establish a communication with the receiving unit of the display unit to cause a visualization of the received signal on the display unit to indicate the cleaning status of the sewer pipe as suggested by Zahnd in order to monitor the result of the cleaning (see Zahnd paragraph [0051]). Since Jockel discloses that the processor can display and document the results of the calculations and evaluations and Zahnd discloses that various data can be sent to the display unit including the image/video data, the combination of Jockel and Zahnd discloses that the display unit can be used to receive and cause a visualization of the received signal on the display unit based on the signal received from the receiving unit.
As to claims 2 and 8, the combination of Jockel and Zahnd discloses the control device for controlling the supply of the flushing medium to the flushing nozzle and that the control device is adapted to control the supply of the flushing medium to the flushing nozzle as a function of the generated signal (see Jockel paragraphs [0007], [0011], [0023], [0039], [0067] where water pressure from the flushing nozzle is controlled and adjusted based on the evaluation of the processor).
As to claim 3, the combination of Jockel and Zahnd discloses that the data processing unit can comprise an artificial intelligence wherein the artificial intelligence is trained to recognize the cleaning state of the sewer pipe in the received images (see Jockel paragraphs [0011]-[0016], [0021]-[0027], [0034], [0070]-[0078]).
As to claim 4, the combination of Jockel and Zahnd discloses that the camera can be a video camera (see Jockel paragraph [0034], [0070]-[0078]; see also Zahnd paragraphs [0047], [0060]).
As to claim 5, the combination of Jockel and Zahnd discloses that the communications connection can be a wireless communications connection (see Zahnd paragraphs [0010], [0040], [0060]).
As to claim 6, the combination of Jockel and Zahnd discloses that the cleaning state can comprises three cleaning states and the signal can be indicative of one of the three cleaning states (see Jockel paragraphs [0015], [0016], [0057]). As discussed in the above rejection to claim 1, Jockel discloses that the results of the calculations and evaluations can be displayed and documented (see Jockel paragraphs [0064], [0069]), so the combination of Jockel and Zahnd is understood to disclose that signal can be indicative of one of the three cleaning states since said cleaning state is the result of the calculation and evaluation of the processor.
As to claim 9, the combination of Jockel and Zahnd discloses that the flushing nozzle can further comprise a memory device which is coupled to the data processing unit, wherein the received images are stored in the memory device (see Zahnd paragraph [0061] disclosing that a memory card can be used to store the images). It would have been obvious to one of ordinary skill in the art at the time of filing to include a memory card as disclosed by Zahnd in order to ensure that no data is lost (see Zahnd paragraph [0061]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102019116594A1 to Jockel (see machine translation) in view of U.S. Patent App. Pub. No. 2016/0325321 to Zahnd et al. as applied to claim 1 above, and further in view of U.S. Patent App. Pub. No. 2017/0000307 to Choi et al.
Jockel and Zahnd are relied upon as discussed above with respect to the rejection of claim 1.
As to claim 7, the combination of Jockel and Zahnd does not explicitly disclose the visualization of the received signal on the display unit comprises displaying a signal lamp on the display unit wherein each signal lamp color is associated with a cleaning state. Choi discloses that it is known in the art of remote cleaning devices to use LED lamps of different colors on a display device to indicate the state of operation of the remote cleaning device (see Choi paragraph [0176]). It would have been obvious to one of ordinary skill in the art at the time of filing to use LED lamps of different colors on the display device to indicate the state of operation of the remote cleaning device as disclosed by Choi and the results would have been predictable (alerting the operator of the cleaning status of the remote cleaning device).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS LEE whose telephone number is (571)270-3296. The examiner can normally be reached M-F 7:30-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kaj Olsen can be reached at 571-272-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS LEE/Primary Examiner, Art Unit 1714
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