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 with traverse of Group I claims 1-13 in the reply filed on March 19, 2026, is acknowledged. The traversal is on the ground(s) that a search and examination of the entire application would not place a serious burden on the Examiner. This is not found persuasive because Groups I and II have a separate status in the art, a different field of search, and separate classification.
The requirement is still deemed proper and is therefore made FINAL.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 1-12 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 is directed towards an independent manifold which the Examiner interprets as a plumbing system for removing sediment from a tank. However, the claimed limitations of an external first tank and second external tank, a skimming device, etc. are outside the interpretation of a manifold.
Claims 2-12 are dependent upon claim 1.
Additionally, the Examiner notes the external first tank (claim 1), external second tank (claims 1, 8-11), cleaning device (claims 2 and 3), third external tank (claims 5-7), and skimming device (claim 9) is an objected to be worked upon and not part of the actual claimed invention (see MPEP 2115 Material or article worked upon does not limit apparatus claims).
Claim Rejections - 35 USC § 103
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.
Claim(s) 1 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorka (DE 10244415A machine translation), and in further view of Wolf (WO 2023/133277 cited in IDS).
Regarding claim 1, Dorka teaches an independent control manifold (lines not shown) for handling supplying a cleaning fluid (fresh water from chamber 6) to, and extracting a sediment (9 mud) from an operational tank (8 separator), the control manifold comprising.
Dorka teaches to clean the separator, fresh water fill is supplied to the separator thereby reading on a supply block configured to receive the cleaning fluid from an external first tank (6 fresh water chamber) and to supply the cleaning fluid to the operational tank.[page 1]
Figure 1 teaches lines from the separator 8 leading to the multi-chamber tank thereby reading on a discharge block configured to receive the sediment (9 mud) from the operational tank (8 separator) and to supply the sediment to an external second tank (5 mud chamber).[page 4]
Dorka teaches a dirty water chamber 4 and mud chamber 5 thereby suggesting extracting the sediment from the operational tank or recovering the cleaning fluid. However, Dorka is silent to a venturi eductor that fluidly connects the supply block to the discharge block.[page 4]
Wolf is directed towards a piping manifold utilizing a venturi or an eductor.[0024]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide a venturi eductor as taught in Wolf as they include many unique flow features.[0024]
Regarding claim 12, Dorka teaches media being pumped out of a separator (8) into a multi-chamber tank (1) of a vehicle (2) thereby suggesting a platform configured to support the supply block, discharge block, and venturi eductor so that the control manifold is mobile and autonomous to be an obvious modification.[Abstract]
Regarding claim 13, Dorka figure 1 teaches a cleaning truck (2 vehicle) for supplying a cleaning fluid (fresh water from chamber 6) and extracting a sediment (9 mud) from an operational tank (8 separator), the cleaning truck comprising:
a tank (1 multi-chamber tank) for storing the cleaning fluid and the sediment; and
a control manifold (lines from separator 8 to the multi-chamber tank 1) located outside the tank and comprising:
a supply block (fresh water fill is supplied to the separator to clean the separator) configured to receive the cleaning fluid from the tank (6 fresh water chamber) and to supply the cleaning fluid to the operational tank (8 separator);
a discharge block (line from separator 8 to mud chamber 5) configured to receive the sediment from the operational tank (8) and to supply the sediment to the tank (5).[page 1][page 4]
Dorka teaches a dirty water chamber 4 and mud chamber 5 thereby suggesting extracting the sediment from the operational tank or recovering the cleaning fluid. However, Dorka is silent to a venturi eductor that fluidly connects the supply block to the discharge block.[page 4]
Wolf is directed towards a piping manifold utilizing a venturi or an eductor.[0024]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide a venturi eductor as taught in Wolf as they include many unique flow features.[0024]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nichols (CN 105813752 A machine translation) directed towards a separation system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CRISTI J TATE-SIMS whose telephone number is (571)272-1722. The examiner can normally be reached M-F 9am-6pm.
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CRISTI J. TATE-SIMS
Primary Examiner
Art Unit 1711
/CRISTI J TATE-SIMS/Primary Examiner, Art Unit 1711
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