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 .
Response to Amendment
This office action is in response to the reply filed on 8/10/2026, wherein claims 1-11 were amended. Claims 1-11 are pending.
Specification
The amendment filed 8/10/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: In replacement paragraph [0066] "the spacer 41, 42 may include a body defining one or more openings through which water may flow" and the spacer 41, 42 may be received directly within or otherwise coupled directly to the corresponding water removal/fill point 40,43 without an intervening removal house" are not supported by the original disclosure. There is no teachings of one or more openings and there was no mention of direct or indirect mating
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-1 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 1 describes the .
Claim Rejections - 35 USC § 102
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) 1-6, and 9 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Wilson (US 4034896 A).
With respect to claim 1, Wilson discloses a variable water tank for a recreational vehicle, comprising; an outer shell defining an internal volume, the outer shell (outer casings of 12s) comprising: a first compartment (interior of top 12) within the outer shell the first compartment comprises a first inner surface (a surface including side walls of 12) and a second compartment within the outer shell, wherein the second compartment comprises a second inner surface (surface including sidewalls of 12); a first flexible water canister (interior of top 12) comprising a peripheral edge (top surface of 16), wherein the first flexible water canister is positioned within the first compartment, and a second flexible water canister (bottom 12 and bottom surface of 16), comprising a second peripheral edge (bottom surface of 16) coupled to the first peripheral edge of the first flexible water canister, wherein the second flexible water canister is positioned within the second compartment, wherein: the first flexible water canister (top 12) comprises a first variable volume such that when the first flexible water canister is filled to the maximum (as in figure 3, no dashed lines), the first flexible water canister substantially occupies the internal volume of the outer shell, wherein the second flexible water canister (bottom surface of 16) rests against the second inner surface (surface of 12) of the second compartment when the first flexible water canister is filled to the maximum (contact as seen in figure 3); the second flexible water canister comprises a second variable volume such that when the second flexible water canister (bottom 12) is filled to the maximum (inverse of figure 3), the second flexible water canister substantially occupies the internal volume of the outer shell, wherein the first flexible water canister (top surface of 16) rests against the first inner surface of the first compartment (inner surface of 12 including side walls) when the second flexible water canister is filled to the maximum; and the first flexible water canister and the second flexible water canister are fluidly separated from one another to prevent fluid exchange between the first flexible water canister and the second flexible water canister. (top 12 and bottom 12 are fluidly separated by 16)
Examiner Note: Item 12 is stated to be identical. Therefore, when the second canister is filled, it is understood that item 16 will contact the top 12, as would be the inverse orientation of figure 3.
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With respect to claim 2, Wilson discloses the variable water tank according to claim 1, characterized in that the first flexible water canister (top 12) has an outer half-shell (barrel of 12), in that the second flexible water canister has an outer half-shell (barrel of bottom 12), in that the peripheral edge (top surface of 16) of the first water canister is designed as an edge of the outer half-shell of the first flexible water canister, and in that the peripheral edge (bottom surface of 16) of the second water canister is designed as an edge of the outer half-shell of the second flexible water canister.
With respect to claim 3, Wilson discloses the variable water tank according to claim 1, characterized in that the first flexible water canister (top 12) has an inner half-shell (top surface of 16), in that the second flexible water canister (bottom 12) has an inner half-shell (bottom surface of 16), in that the peripheral edge (end edge of the top surface of 16) of the first water canister is designed as an edge of the inner half-shell of the first flexible water canister, and in that the peripheral edge (end edge of the bottom surface of 16) of the second water canister is designed as an edge of the inner half-shell of the second flexible water canister.
With respect to claim 4, Wilson discloses the variable water tank according to claim 3, characterized in that a) the inner half-shell (top surface of 16) of the first flexible water canister is designed such that, on the one hand, it rests at least substantially against an inner side of an outer half-shell (inside of top 12) of the first flexible water canister when the variable volume of the second compartment is filled to the maximum (capable of said functionality as 16 is substantially the size of 12 as seen in figure 3), and, on the other hand, the inner half-shell (bottom surface of 16) of the second flexible water canister rests at least substantially against an outer half-shell (bottom 12) of the second flexible water canister when the variable volume of the first compartment is filled to the maximum (capability is shown in figure 3), and/or b) the inner half-shell of the second flexible water canister is designed such that, on the one hand, it rests at least substantially against an inner side of an outer half-shell of the second flexible water canister when the variable volume of the first compartment is filled to the maximum, and, on the other hand, the inner half- shell of the first flexible water canister rests at least substantially against an outer half-shell of the first flexible water canister when the variable volume of the first compartment is filled to the maximum.
With respect to claim 5, Wilson discloses the variable water tank according to claim 1, characterized in that a) the first flexible water canister (top 12) is at least partially designed symmetrically such that an inner half-shell (top surface of 16) of the first flexible water canister can be folded into an outer half-shell (top 12) of the first flexible water canister such that the inner half-shell of the first flexible water canister rests at least substantially against an inner side of the outer half-shell of the first flexible water canister, and/or b) the second flexible water canister is at least partially designed symmetrically such that an inner half-shell of the second flexible water canister can be folded into an outer half-shell of the second flexible water canister such that the inner half-shell of the second flexible water canister rests at least substantially against an inner side of the outer half-shell of the second flexible water canister.
With respect to claim 6, Wilson discloses the variable water tank according to claim 1, characterized in that the first water canister (top 12 and top surface of 16) and the second water canister (bottom 12 and bottom surface of 16) are at least substantially identical in shape.
With respect to claim 9, Wilson discloses the variable water tank according to claim 1, characterized in that a) at least one spacer (34/36) is provided for the first compartment, which ensures removal of water from the variable volume of the first compartment, and/or b) at least one spacer (34/36) is provided for the second compartment, which ensures removal of water from the variable volume of the second compartment, and/or c) at least one removal hose is provided for the first compartment, via which water can be removed from the variable volume of the first compartment, and/or d) at least one removal hose is provided for the second compartment, via which water can be removed from the variable volume of the second compartment.
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) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 4034896 A).
With respect to claim 7, the references as applied to claim 1, above, disclose all the limitations of the claims except for characterized in that the first water canister has a cuboid-shaped, main body which at least substantially comprises an outer half-shell of the first water canister and an inner half-shell of the first water canister, or in that the second water canister has a cuboid-shaped, main body which at least substantially comprises an outer half-shell of the second water canister and an inner half-shell of the second water canister. Wilson teaches of inner half-shells (surfaces of 16) and outer half-shells (12). However, the cuboid shape is absent, this modification is considered a change in shape from Wilsons invention and not novel in view of the guidelines established In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The implementation of a cubic shape is only a modification in the shape of the canisters of Wilsons and still provides the same results as Wilson (i.e. fluid storage and dispensing). Essentially, Wilson and the present invention operate the same with the same working pieces, the only difference is the shape of Wilson is a cylinder/barrel shape and the applications is a cuboid. In re Dailey established that a "change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results." The application has presented no argument which shows that the particular configuration of their shape of the canister is significant or is anything more than one of numerous configurations a person of ordinary skill in the art would find obvious for the purpose of allowing fluid storage from Wilsons invention. See Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459.
With respect to claim 8, the references as applied to claim 7, above, disclose all the limitations of the claim. Wilson further teaches characterized in that the peripheral edge of the first water canister or the peripheral edge of the second water canister lies at least approximately in a plane in which at least approximately at least one diagonal of the main body of the first water canister and/or at least approximately at least one diagonal of the main body of the second water canister lies. See 112b rejection above. It is unclear the limitation being placed. An arbitrary “diagonal” of modified Wilson can be assessed as meeting the claimed limitations, both features only need to exist in an imaginary plane.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 4034896 A) in view of Monahan (US 20090294318 A1).
With respect to claim 10, the references as applied to claim 1, above, disclose all the limitations of the claims except for characterized in that the first water canister has an outer half-shell with at least one fixed wall on which a device for level measurement is provided, which allows measurement of the variable volume of the first compartment, and/or in that the second water canister has an outer half-shell with at least one fixed wall on which a device for level measurement is provided, which allows measurement of the variable volume of the second compartment. However, in a similar field of endeavor, namely liquid containers, Monahan taught of a liquid container with a device for level measure (item 40) to allow the user to determine the quantity of the contents within the container (abstract). This would allow measurement prior to use as well and can be incorporated on either or both outer half shells. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Wilson to include a device for level measurement as taught by Monahan in order to allow for level measurements.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 4034896 A) in view of Brookins (US 10028497 B1).
With respect to claims 11, the references as applied to claim 1, above, disclose all the limitations of the claims except for a recreational vehicle, in particular a motorhome or caravan, comprising at least one variable water tank which is designed according to claim 1. However in a similar field of endeavor, namely tanks for insecticide, Brookins taught of a container that sprays insecticide (col 4 lines 62-65) for recreational vehicles (col 5 lines 13-15). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tank of Wilson to be used in an RV as taught by Brookins in order to allow for removal of insects from within the RV. (The tank of Wilson could also be transported in a recreational vehicle and therefore be within the recreational vehicle)
Examiner Note: It is noted that the claims as presented are directed to a product and apparatus for the product. As currently presented, the apparatus is the mere assembly of the product and its examination in conjunction with the product does not represent a serious burden at this time; therefore, no restriction is required. However, if subsequent amendments to the claims result in diverging subject matter and searches between the claimed inventions, the examiner reserves the right to restrict at that time.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-20230381358-A1 OR US-20190184050-A1 OR US-20150283570-A1 OR US-20090294318-A1 OR US-20100258588-A1 OR US-20050164065-A1 OR US-20190161238-A1 OR US-20170158406-A1 OR US-20170129688-A1 OR US-20150102042-A1 OR US-20130126370-A1 OR US-20120124942-A1 OR US-20100101426-A1 OR US-10028497-B1 OR US-4034896-A OR US-8408417-B2 OR US-8317059-B2 OR US-6047848-A OR US-6036046-A OR US-5862940-A OR US-5447110-A OR US-3648886-A OR US-9403632-B1 OR US-3471349-A
Response to Arguments
Applicant's arguments filed 8/10/2026 have been fully considered but they are not persuasive. After further consideration, the bounds of the term "compartment" is unclear, see 112a rejection above for further information. The overall term compartment doesn't make structural sense in the context of the present invention. Therefore the exact limitations imposed by the term is unclear. However, the prior art teaches of contact between an inner surface of either compartment (interior of 12) and the peripheral edge (surface of 16) when one compartment is fully inflated, see original state of figure 3.
To be specific, the interpretation of “wherein the second flexible water canister rests against the second inner surface of the second compartment when the first flexible water canister is filled to the maximum” is unclear. Wilsons flexible water canister (16) rest against an inner surface of the compartment (12), as seen in figure 3. In order to allow for total emission of storage fluid, Wilsons peripheral edge (16) would need to fully inflate. Item 16 is already sized to fully encapsulate one end. Further, Wilsons container is made of identical canisters (item 12), so therefore, item 16 would be able to penetrate both sides equally. Even without full penetration, item 16 would contact the sidewalls of 12 and meet the claim language. The claim language does not require full inflation.
With respect to the prior 112b rejection of the term spacer and removal hose. Applicants remarks regarding the spacer and removal hose are persuasive, the 112b rejection regarding claim 9 has been removed. Further as discussed in the interview, the terms folded and at least one diagonal are acceptable terms and the 112b rejection regarding those terms have been removed,
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYMREN K SANGHERA whose telephone number is (571)272-5305. The examiner can normally be reached Mon - Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached on (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYMREN K SANGHERA/Examiner, Art Unit 3735
