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 2-10 are objected to because of the following informalities: Claims 2-10 line 1 "Variable water tank according to claim" appears to be an error for --. 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 5 and 7-9 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.
The term “folded” in claim 5 is a relative term which renders the claim indefinite. The term “folded” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term folded as defined by Oxford Languages means “bend (something flexible and relatively flat) over on itself so that one part of it covers another.” The inner half-shell is collapsible, however, in a collapsed configuration (first compartment is full and second is empty), the second compartments inner half-shell does not have overlapping material. The claim further states the orientation in which the half shell rests substantially against the outer half-shell. The term “folded” seems to be incorrectly applied for the present application. For the purposes of examination, it shall be interpreted that the inner half-shell can be deformable towards the outer half-shell.
The term “the first water canister has a cuboid shaped, in particular cubic, main body …. and/or the second water canister has a cuboid-shaped, in particular cubic, main body” in claim 7 is a relative term which renders the claim indefinite. The term “the first water canister has a cuboid shaped, in particular cubic, main body …. and/or the second water canister has a cuboid-shaped, in particular cubic, main body” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Both the first canister and second canister do not have cubic shapes at the same time. The first and second canister are already claimed to be attached to one another. The first canister only resemble a cubic shape when the second canister is empty. In this configuration, the second canister does not have a cubic shape. The same is true of the opposite configuration. It is unclear how the claims consider both of the canisters as having a cubic shape at the same time. For the purposes of examination, it shall be presumed that the “or” option is proper and the “and” option is improper. The “and” needs to be removed from the “and/or” option.
The term “at least one diagonal” in claim 8 is a relative term which renders the claim indefinite. The term “at least one diagonal” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What does the at least one diagonal refer to? Is that a diagonal edge, surface, etc.? From the specification,
The term “spacer" and "removal hose” in claim 9 is a relative term which renders the claim indefinite. The term “spacer" and "removal hose” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is the spacer? What is its function? The spacer (items 41, 42) as shown in figures 10-11 does not attach to the compartment. It is unclear how the spacer works to . How does the spacer physically perform said task when it appears to be integral with the walls/casing. Similarly, if the spacer is integral with the walls, the removal hose wouldn’t be connected to the water source and therefore it cannot remove water from the variable volume. Spacers are traditionally pieces that are intended to raise an object, similar to a shim. However, it appears this spacers function is entirely different than the common use of a “spacer”. The specification and drawings fail to elaborate on the physical structure of the spacer.
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, 3-6, 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, in particular a motorhome or a caravan, comprising a first compartment and at least one second compartment, wherein the first compartment (interior space of top 12 in figure 1 and 3) has a variable volume for holding water, wherein the second compartment (interior space of bottom 12 in figure 1 and 3) has a variable volume for holding water and wherein the first compartment and the second compartment are separated from one another in such a way that a direct exchange of water between the first compartment and the second compartment is prevented, characterized in that the first compartment is at least substantially formed by a first flexible water canister (top 12 with top surface of 16), in that the second compartment is at least substantially formed by a second flexible water canister (bottom 12 and bottom surface of 16), and in that a peripheral edge (end edge of the top surface of 16) of the first water canister (top 12) and a peripheral edge (end edge of the bottom surface of 16) of the second water canister (bottom 12) are connected to one another.
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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(s) 1-2 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Wilson (US 4034896 A) ALTERNATE VIEW.
With respect to claim 1, Wilson discloses a variable water tank for a recreational vehicle, in particular a motorhome or a caravan, comprising a first compartment and at least one second compartment, wherein the first compartment (interior space of top 12 in figure 1 and 3) has a variable volume for holding water, wherein the second compartment (interior space of bottom 12 in figure 1 and 3) has a variable volume for holding water and wherein the first compartment and the second compartment are separated from one another in such a way that a direct exchange of water between the first compartment and the second compartment is prevented, characterized in that the first compartment is at least substantially formed by a first flexible water canister (top 12 with top surface of 16), in that the second compartment is at least substantially formed by a second flexible water canister (bottom 12 and bottom surface of 16), and in that a peripheral edge (edge around hole of 20) of the first water canister (top 12) and a peripheral edge (edge around hole of 20) of the second water canister (bottom 12) are connected to one another.
Examiner Note: Only difference in interpretation of Wilson, is the interpretation of the term “peripheral edge”.
With respect to claim 2, Wilson discloses the variable water tank according to claim 1, characterized in that the first flexible water canister has an outer half-shell, in that the second flexible water canister has an outer half-shell, in that the peripheral edge 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 of the second water canister is designed as an edge of the outer half-shell of the second flexible water canister.
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, in particular cubic, 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, and/or in that the second water canister has a cuboid-shaped, in particular cubic, 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
Conclusion
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/SYMREN K SANGHERA/Examiner, Art Unit 3735