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 1-11, in the reply filed on 7/23/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Turner et al. (GB 2378641; cited by Applicant).
Regarding claim 1, Turner discloses a cleaning device configured to clean an inside of a cylindrical tank (1) through rotation of a mounting member formed of a frame having a housing space (2), the mounting member fixing the tank in a state of being turned sideways in the housing space (see Figure 1), the cleaning device comprising: a first rotation jig mounted on a first side portion of the mounting member (Figure 1: left side, unlabeled plate 3 and bearing 4); and a second rotation jig mounted on a second side portion of the mounting member (Figure 1: right side, plate 3 and bearing 4), wherein the first rotation jig and the second rotation jig are configured to rotate the mounting member in cooperation with each other (see abstract).
Note that cleaning a tank as claimed is intended use and capable of being performed by the apparatus of Turner. The claimed intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.
Regarding claim 2, Turner discloses wherein the first rotation jig comprises: a first rotation body having an annular shape, the first rotation body being fixed to the first side portion of the mounting member and rotated in conjunction with the rotation of the mounting member (3, 4); and a first base configured to place the first rotation body thereon, the first rotation body is configured to be rotatable relative to the first base, the first base comprises: a first base body (Figure 1, unlabeled element holding element 7, and/or element 10); and a first functional member provided on the first base body, and the first functional member slidably contacts a surface of the first rotation body in a circumferential direction of the first rotation body (4, 7).
Regarding claim 4, Turner discloses wherein the second rotation jig includes comprises: a second rotation body having an annular shape, the second rotation body being fixed to the second side portion of the mounting member and rotated in conjunction with the rotation of the mounting member (3, 4); and a second base configured to place the second rotation body thereon, the second rotation body is configured to be rotatable relative to the second base, the second base includes comprises: a second base body (Figure 1, unlabeled element holding element 7, and/or element 10); and a second functional member provided on the second base body, and the second functional member slidably contacts a surface of the second rotation body in a circumferential direction of the second rotation body (4, 7).
Regarding claims 8 and 9, Turner discloses wherein the mounting member has a rectangular frame (Figure 1: 2); the first rotation jig and/or the second rotation jig include comprise an interval adjustment member configured to adjust an interval defined between the first rotation jig and the second rotation jig (10, 11).
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.
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) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner et al. (GB 2378641; cited by Applicant) in view of Thorstensson et al. (US 2020/0070221) or Mattson et al. (US 3,338,433).
Regarding claim 3, Turner is relied upon as above and further discloses wherein the first functional member comprises: a first support frame provided in connection with the first base body (unlabeled element supporting element 7); and a plurality of first rollers, and each of the plurality of first rollers contacts the surface of the first rotation body (7).
Turner does not appear to expressly disclose the plurality of first rollers rotatably provided on the first support frame.
Thorstensson discloses a barrel cleaner having bearings (31, 31A, 32, 32A) to permit rotation of a barrel, wherein plural bearings are connected to a same frame element, such as a wheel section (30, 30A). Mattson discloses an adjustable support including cradle members (30), each having a yoke member (33) holding plural rollers (47, 48).
Because it is known in the art to have plural bearings/rollers on a frame element, and the results of the modification would be predictable, namely, providing a known structure for a known purpose, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have additional rollers per frame element or to have a single frame element for the two rollers, yielding the plurality of first rollers rotatably provided on the first support frame.
Regarding claim 5, Turner is relied upon as above and further discloses wherein the second functional member includes comprises: a second support frame provided in connection with the second base body (unlabeled element supporting element 7); and a plurality of second rollers, and each of the plurality of second rollers contacts the surface of the second rotation body (7).
Turner does not appear to expressly disclose the plurality of second rollers rotatably provided on the second support frame.
Thorstensson discloses a barrel cleaner having bearings (31, 31A, 32, 32A) to permit rotation of a barrel, wherein plural bearings are connected to a same frame element, such as a wheel section (30, 30A). Mattson discloses an adjustable support including cradle members (30), each having a yoke member (33) holding plural rollers (47, 48).
Because it is known in the art to have plural bearings on a frame element, and the results of the modification would be predictable, namely, providing a known structure for a known purpose, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have additional rollers per frame element or to have a single frame element for the two rollers, yielding the plurality of second rollers rotatably provided on the second support frame.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner et al. (GB 2378641; cited by Applicant) in view of Stauffer (US 3,082,776).
Regarding claim 6, Turner is relied upon as above, but does not expressly disclose a pipe position restricting member provided on the first rotation jig, the pipe position restricting member restricting a positional fluctuation of a pipe connected to the tank.
Stauffer discloses a barrel washing apparatus (10) having a frame (11) and housing (12) for the barrel and spray nozzles (61) connected to an inlet line and shut off valve (63; col. 2, lines 68-72), wherein the inlet line and nozzles are fixed to a portion of the housing (12).
Because it is known in the art to have a nozzle/pipe to supply a fluid and to support that the nozzle/pipe at the housing, and the results of the modification would be predictable, namely, providing a known structure for a known purpose, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have a pipe position restricting member provided on the first rotation jig, the pipe position restricting member restricting a positional fluctuation of a pipe connected to the tank.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner et al. (GB 2378641; cited by Applicant) in view of Nielsen et al. (US 2017/0282136).
Regarding claim 7, Turner is relied upon as above, but does not expressly disclose a ladder member provided on the second rotation jig, wherein the ladder member is configured to be foldable.
Nielsen discloses a batch mixer including a chassis (12) having first and second frame parts (14, 20), wherein a swivable housing part (32) is hinged to expose steps (38) for an operator to easily climb and access an inspection and cleaning opening (Figures 4A-4B; paragraph 79).
Because it is known in the art to have a folding ladder, and the results of the modification would be predictable, namely, providing an operator access to upper areas of the apparatus for inspection or servicing, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have a ladder member provided on the second rotation jig, wherein the ladder member is configured to be foldable.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner et al. (GB 2378641; cited by Applicant) in view of Mattson et al. (US 3,338,433).
Regarding claim 10, Turner is relied upon as above, but does not expressly disclose wherein the interval adjustment member is a first movement roller provided at a lower end of the first rotation jig and/or a second movement roller provided at a lower end of the second rotation jig.
Mattson discloses an adjustable support including rails (11, 12) and cradle members (30) supported on the rails with rollers (Figure 3: 11, 12, 31, 32).
Because it is known in the art to have an adjustable support as claimed, and the results of the modification would be predictable, namely, providing a known structure for a known purpose, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have wherein the interval adjustment member is a first movement roller provided at a lower end of the first rotation jig and/or a second movement roller provided at a lower end of the second rotation jig.
Claim 11 is considered to be met by modified Turner as applied above and which results in: comprising a pair of rails configured to place the first movement roller and/or the second movement roller thereon (Turner: 11; Mattson: 11, 12).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G CORMIER whose telephone number is (571)270-7386. The examiner can normally be reached M-F: 9:30 - 6:00.
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, Michael Barr can be reached at (571) 272-1414. 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.
DAVID G. CORMIER
Examiner
Art Unit 1711
/DAVID G CORMIER/Primary Examiner, Art Unit 1711
Prosecution Insights