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 Objections
Claims 1-14 are objected to because of the following informalities:
In line 3 of claim 1, it is believed “A” should be changed to --a--.
In lines 3-4 of claim 1, it is believed the phrase “vehicle’s windshield” should be changed to remove the possessive language, such as --a windshield of the vehicle--.
In lines 21-22 of claim 1, it is believed the phrase “vehicle’s windshield washer reservoir” should be changed to remove the possessive language, such as --a windshield washer reservoir of the vehicle--.
In line 3 of claim 2, it is believed the word “integral” should be changed to --integrally--.
In lines 3-4 of claim 9, it is believed the phrase “vehicle’s windshield” should be changed to remove the possessive language, such as --a windshield of the vehicle--.
In lines 24-25 of claim 9, it is believed the phrase “vehicle’s windshield washer reservoir” should be changed to remove the possessive language, such as --a windshield washer reservoir of the vehicle--.
Appropriate correction is required.
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 1-14 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 "the base" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the width" in line 4. There is insufficient antecedent basis for this limitation in the claim.
In line 6 of claim 1, the phrase “the opposite side” is confusing and unclear. It is not clear if the limitation refers to an opposite side of the vehicle or an opposite side of the windshield or an opposite side of the windshield cowling. When applying prior art, Examiner interprets this limitation to mean “an opposite side of the vehicle in the width direction.
Claim 1 recites the limitation "the elevation" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the lower chamber" in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the base" in line 20. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the base" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the width" in line 4. There is insufficient antecedent basis for this limitation in the claim.
In line 6 of claim 9, the phrase “the opposite side” is confusing and unclear. It is not clear if the limitation refers to an opposite side of the vehicle or an opposite side of the windshield or an opposite side of the windshield cowling. When applying prior art, Examiner interprets this limitation to mean “an opposite side of the vehicle in the width direction.
Claim 9 recites the limitation "the base wall elevation" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the inlet" in line 19. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the base" in line 23. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the conditioned fluid" in line 24. There is insufficient antecedent basis for this limitation in the claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-6, and 8-9 of U.S. Patent No. 12,115,946. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons provided in the table below.
App No. 18/893,412
US Pat 12,115,946
Claim 1: A windshield washer fluid replenishment system for a vehicle, comprising: a windshield cowling positioned at the base of the vehicle's windshield, extending across the width of the vehicle, with a first edge near one side of the vehicle and a second edge near the opposite side; a collection trough configured to collect water draining from the windshield, extending between the first and second edges and having a common base wall, with the elevation of the base wall higher at the first edge to facilitate drainage; a collection chamber located near the second edge, fluidly connected to the collection trough to receive water, and accessible via a first hatch attached to the windshield cowling; a filter positioned between the collection chamber and a lower chamber inlet, securing to the collection chamber to filter water before it enters the lower chamber; a conditioning cartridge fluidly connected to the lower chamber, containing at least one surfactant to create a conditioned fluid; an outlet located at the base of the conditioning cartridge for directing the conditioned fluid into the vehicle's windshield washer reservoir.
Claim 1: A vehicular windshield washer fluid replenishing system for a vehicle windshield washer reservoir comprising: a windshield cowling positioned at the base of a windshield of a vehicle, said windshield cowling extending about a width of the vehicle, having a first edge approximating a first side of the vehicle and a second edge approximating a second side of the vehicle; a collection trough for receipt of water draining from said vehicle windshield, said collection trough extending between said first edge and said second edge having a common base wall, elevation of said base wall is higher along said first edge arranged to allow drainage of said trough; a collection chamber positioned near said second edge and fluidly coupled to said collection trough for receipt of water drained into said collection trough, said collection chamber accessible by a first hatch secured to said windshield cowling; a filter securable to said collection chamber, said filter positioned between said collection chamber and an inlet to a lower chamber, wherein water held in said collection chamber is filtered before passing to said lower chamber; a conditioning cartridge fluidly coupled to an outlet of said lower chamber, said conditioning cartridge containing at least one surfactant to form a conditioned fluid; and an outlet formed along a base of said conditioning cartridge for directing the conditioned fluid to the vehicle windshield washer reservoir.
Claim 2: The vehicular windshield washer fluid replenishing system according to Claim 1, wherein said collection chamber is formed integral with said windshield cowling.
Claim 2: The vehicular windshield washer fluid replenishing system according to Claim 1, wherein said collection chamber position is formed integral with said windshield cowling.
Claim 3: The vehicular windshield washer fluid replenishing system according to Claim 1, including a screen positioned between said collection trough and said collection chamber.
Claim 4: The vehicular windshield washer fluid replenishing system according to Claim 1, including a screen positioned between said collection trough and said collection chamber.
Claim 4: The vehicular windshield washer fluid replenishing system according to Claim 1, including a grill positioned over said collection trough.
Claim 5: The vehicular windshield washer fluid replenishing system according to Claim 1, including a grill positioned over said collection trough.
Claim 5: The vehicular windshield washer fluid replenishing system according to Claim 1, wherein said conditioning cartridge includes an open cell structure constructed of polyurethane for a controlled release of the surfactant.
Claim 6: The vehicular windshield washer fluid replenishing system according to Claim 1, wherein said conditioning cartridge includes an open cell structure constructed of polyurethane for a controlled release of the surfactant.
Claim 6: The vehicular windshield washer fluid replenishing system according to Claim 1, including a dry anti-freeze compound being integrated into open cells of said conditioning cartridge, wherein said antifreeze is used to lower the fluid freezing temperature.
Claim 8: The vehicular windshield washer fluid replenishing system according to Claim 1, including a dry anti-freeze compound being integrated into open cells of said conditioning cartridge, wherein said antifreeze is used to lower the fluid freezing temperature.
Claim 7: The vehicular windshield washer fluid replenishing system according to Claim 1, wherein said filter is capable of trapping particulates greater than 30 microns from fluid.
Claim 9: The vehicular windshield washer fluid replenishing system according to Claim 1, wherein said filter is capable of trapping particulates greater than 30 microns from fluid.
Allowable Subject Matter
Claims 1-7 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and a terminal disclaimer were filed to overcome the double patenting rejection presented above.
Claim 8 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.
Claims 9-14 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1 and 9 recite a windshield washer fluid replenishment system for a vehicle, comprising: a windshield cowling positioned at the base of the vehicle's windshield, extending across the width of the vehicle, with a first edge near one side of the vehicle and a second edge near the opposite side; a collection trough configured to collect water draining from the windshield, extending between the first and second edges and having a common base wall, with the elevation of the base wall higher at the first edge to facilitate drainage; a collection chamber located near the second edge, fluidly connected to the collection trough to receive water, and accessible via a first hatch attached to the windshield cowling; a filter positioned between the collection chamber and a lower chamber inlet, securing to the collection chamber to filter water before it enters the lower chamber; a conditioning cartridge fluidly connected to the lower chamber, containing at least one surfactant to create a conditioned fluid; an outlet located at the base of the conditioning cartridge for directing the conditioned fluid into the vehicle's windshield washer reservoir. DE 2330488 discloses a windshield washer fluid replenishment system for a vehicle having a windshield, a collection trough, a collection chamber, and a filter; however, DE 2330488 fails to disclose a windshield cowling or a conditioning cartridge. Fischer et al. (DE 2700926) disclose a windshield washer fluid replenishment system for a vehicle having a windshield, a windshield cowling, a collection trough, a filter, and a windshield washer reservoir; however, Fischer et al. fail to disclose a conditioning cartridge. Sander (DE 3242172) discloses a windshield washer fluid replenishment system for a vehicle having a windshield, a collection trough, a collection chamber, and a filter; however, Sander fails to disclose a windshield cowling or a conditioning cartridge. Hans-Hellmut (DE 4101820) discloses a windshield washer fluid replenishment system for a vehicle having a windshield, a windshield cowling, a collection trough, a filter, and a windshield washer reservoir; however, Hans-Hellmut fails to disclose a conditioning cartridge. Cattane (US Pat 5,261,254) discloses a windshield washer fluid replenishment system for a vehicle having a collection trough, a collection chamber, a filter, and a windshield washer reservoir; however, Cattane fails to disclose the system uses water draining from a windshield or a windshield cowling. Neitzel et al. (DE 4436023) disclose a windshield washer fluid replenishment system for a vehicle having a collection trough, a screen, a filter, and a collection chamber; however, Neitzel et al. fail to disclose a conditioning cartridge having surfactant or a windshield cowling. Buchanan, Jr. et al. (US Pat 5,669,986) disclose a windshield washer fluid replenishment system for a vehicle having a windshield, a windshield cowling, a collection trough, a filter, a collection chamber, and a windshield washer reservoir; however, Buchanan, Jr. et al. fail to disclose a conditioning cartridge. Westbrook (GB 2315994) discloses a windshield washer replenishment system for a vehicle having a windshield, a windshield cowling, a collection trough, a collection chamber, a filter, and a windshield washer reservoir; however, Westbrook fails to disclose a conditioning cartridge. Seyfarth et al. (EP 1053922) disclose a windshield washer reservoir having a conditioning cartridge; however, Seyfarth et al. fail to disclose a windshield cowling, a collection trough, or a filter. Uyanik et al. (US PG Pub 2014/0230959) disclose a windshield washer fluid replenishment system having a windshield cowling, a collection trough, a collection chamber, and a filter; however, Uyanik et al. fail to disclose a conditioning cartridge. Huang (CN 109572623) discloses a windshield washer fluid replenishment system for a vehicle having a collection trough, a collection chamber, a filter, and a windshield washer reservoir; however, Huang discloses that the water collected is conditioned by a tablet in the system and does not use a conditioning cartridge. Huang also fails to disclose an elevation difference in the edges of the collection trough. The prior art does not properly teach or suggest the recited configurations, making claims 1 and 9 allowable.
Claims 2-8 would be allowable because they are dependent on claim 1.
Claims 10-14 are allowable because they are dependent on claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Quintero Perez et al. (US Pat 9,855,924) disclose a windshield washer fluid replenishment system for a vehicle having a collection trough and a collection chamber. Thomas et al. (GB 2485797) disclose a windshield washer fluid replenishment system for a vehicle having a collection trough, a filter, and a windshield washer reservoir.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VERONICA M CONDO/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
Prosecution Insights