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 .
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).
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Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-10 of U.S. Patent No. 12,220,731. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
Regarding Claim 1, Although the claims at issue are not identical, they are not patentably distinct from each other as they differ only as described in the table below.
Claim language: Application 19/009,211 (This Application)
Claim language: US 12,220,731 B2
Differences /
Obviousness rationale
1. A waste disposal apparatus for servicing a lavatory of an aircraft,
the waste disposal apparatus comprising:
an open-top waste receptacle for accidental fallout of a waste debris or a chemical solution from the aircraft,
the waste receptacle including a plurality of sidewalls that are joined to and extend upwardly from a floor,
the plurality of sidewalls further joined to each other at their side edges,
the floor and the plurality of sidewalls together forming a bounds of a workspace within an interior of the waste disposal apparatus; and
a plurality of hose ports disposed within the plurality of sidewalls of the waste receptacle,
the plurality of hose ports comprising:
a waste hose port,
the waste hose port configured to facilitate a transport of waste from the aircraft by allowing a waste hose to extend from an exterior of the waste disposal apparatus through to the interior of the waste disposal apparatus,
the waste hose not connected to the waste hose port and free to move within the waste hose port; and
a rinse/refill hose port,
the rinse/refill hose port configured to facilitate a transport of the chemical solution to the aircraft by allowing a rinse/refill hose to extend from the exterior of the waste disposal apparatus through to the interior of the waste disposal apparatus,
the rinse/refill hose not connected to the rinse/refill hose port and free to move within the rinse/refill hose port.
1. A waste disposal apparatus for servicing a lavatory of an aircraft,
the waste disposal apparatus comprising:
an open-top waste receptacle for accidental fallout of a waste debris or a chemical solution from the aircraft,
the waste receptacle including a plurality of sidewalls that are joined to and extend upwardly from a floor,
the plurality of sidewalls further joined to each other at their side edges,
the floor and the plurality of sidewalls together forming a bounds of a workspace within an interior of the waste disposal apparatus,
a tall sidewall of the plurality of sidewalls forming a barrier between a user and the interior of the waste receptacle;
an orifice disposed within the tall sidewall,
the orifice configured to allow a user to extend their hands from an exterior of the waste disposal apparatus into the workspace of the interior of the waste disposal apparatus;
a face shield disposed atop and operatively connected to the sidewall,
a substantial portion of the face shield substantially transparent to allow viewing of the workspace of the interior of the waste disposal apparatus from the exterior of the waste disposal apparatus; and
a plurality of hose ports disposed within the tall sidewall of the waste receptacle,
the plurality of hose ports comprising:
a waste hose port,
the waste hose port configured to facilitate the transport of waste from the aircraft by allowing a waste hose to extend from the exterior of the waste disposal apparatus through to the interior of the waste disposal apparatus,
the waste hose not connected to the waste hose port and free to move within the waste hose port; and
a rinse/refill hose port,
the rinse/refill hose port configured to facilitate the transport of a chemical solution to the aircraft by allowing a rinse/refill hose to extend from the exterior of the waste disposal apparatus through to the interior of the waste disposal apparatus,
the rinse/refill hose not connected to the rinse/refill hose port and free to move within the rinse/refill hose port.
‘731 includes more elements (see the italicized sections), and is thus much more specific.
Further regarding Claim 1 of the present application, It is clear that all the elements of Claim 1 are to be found in patent ‘731 Claim 1. The difference between Claim 1 of the application and Claim 1 of the patent lies in the fact that the patent claim includes more elements and is thus much more specific.
The elements of Claim 1 of the patent that are not included in the present application include:
- a tall sidewall of the plurality of sidewalls forming a barrier between a user and the interior of the waste receptacle;
- an orifice disposed within the tall sidewall, the orifice configured to allow a user to extend their hands from an exterior of the waste disposal apparatus into the workspace of the interior of the waste disposal apparatus;
- a face shield disposed atop and operatively connected to the sidewall, a substantial portion of the face shield substantially transparent to allow viewing of the workspace of the interior of the waste disposal apparatus from the exterior of the waste disposal apparatus;
Thus, the invention of Claim 1 of the patent is in effect a “species” of the “generic” invention of Claim 1 of the present application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed Cir 1993). Since Claim 1 of the present application is anticipated by Claim 1 of patent ‘731, it is not patentably distinct from Claim 1 of patent ‘731.
Regarding Claim 2, in the present Application, Claim 2 recites “The waste disposal apparatus of claim 1, wherein the plurality of sidewalls includes a tall sidewall that forms a barrier between a user and the interior of the waste receptacle.” See Claim 1 of the patent.
Regarding Claim 3, in the present Application, Claim 3 recites “The waste disposal apparatus of claim 2, wherein the waste disposal apparatus includes an orifice disposed within the tall sidewall, the orifice configured to allow the user to extend their hands from the exterior of the waste disposal apparatus into the workspace of the interior of the waste disposal apparatus (See Claim 1 of the patent), and wherein the waste disposal apparatus further includes an interface insert disposed within the orifice, the interface insert configured to allow the user to customize the orifice. See Claim 3 of the patent.
Regarding Claim 4, in the present Application, Claim 4 recites “The waste disposal apparatus of claim 3, the interface insert including a plurality of vertically oriented vinyl strips covering the orifice, the vinyl strips configured to offer a penetrable barrier between the interior and exterior of the waste disposal apparatus. See Claim 4 of the patent.
Regarding Claim 5, in the present Application, Claim 5 recites “The waste disposal apparatus of claim 3, the interface insert including two smaller orifices, each of the two smaller orifices including a glove member operatively connected at a cuff to the orifice, the glove member extending from the interface insert into the workspace of the interior of the waste disposal apparatus. See Claim 5 of the patent.
Regarding Claim 6, in the present Application, Claim 6 recites “The waste disposal apparatus of claim 1, wherein the waste disposal apparatus includes a face shield disposed atop and operatively connected to a sidewall of the plurality of sidewalls, a substantial portion of the face shield substantially transparent to allow viewing of the workspace of the interior of the waste disposal apparatus from the exterior of the waste disposal apparatus (see Claim 1 of the patent), and wherein the face shield is configured to pivot between a substantially vertical position and a substantially horizontal position by foldable devices that include a locking and releasing feature as to be foldable for purposes of storage between uses (see Claim 6 of the patent).
Regarding Claim 7, in the present Application, Claim 7 recites “The waste disposal apparatus of claim 6, wherein the face shield includes a video display system configured to permit a user to view the workspace of the interior of the waste disposal apparatus. See Claim 7 of the patent.
Regarding Claim 8, in the present Application, Claim 8 recites “The waste disposal apparatus of claim 1, wherein the floor of the waste receptacle is sloped to form a spill trap, the floor of the waste receptacle sloped towards a drain port located in the floor, the spill trap configured to catch accidental fallout of the waste debris or the chemical solution and direct the waste debris or the chemical solution out of the waste receptacle. See Claim 2 of the patent.
Regarding Claim 9, in the present Application, Claim 9 recites “The waste disposal apparatus of claim 1, the plurality of hose ports further comprising: an electric wire port, the electric wire port configured to facilitate the passing through of a wiring from the exterior of the waste disposal apparatus through to the interior of the waste disposal apparatus. See Claim 8 of the patent.
Regarding Claim 10, in the present Application, Claim 10 recites “The waste disposal apparatus of claim 1, wherein the waste disposal apparatus is mounted to a stand, the stand bearing a weight of the waste disposal apparatus and configured to facilitate the use of the waste disposal apparatus with the aircraft (see Claim 9 of the patent), and wherein the stand is operatively connected to a service cart/truck to enhance a mobility and operability of the waste disposal apparatus (see Claim 10 of the patent).
Claims 11-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 11-17 of U.S. Patent No. 12,220,731. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
Regarding Claim 11, Although the claims at issue are not identical, they are not patentably distinct from each other as they differ only as described in the table below.
Claim language: Application 19/009,211 (This Application)
Claim language: US 12,220,731 B2
Differences /
Obviousness rationale
11. A waste disposal system for servicing a lavatory of an aircraft, the waste disposal system comprising:
a waste disposal apparatus, the waste disposal apparatus comprising:
an open-top waste receptacle for accidental fallout of a waste debris or a chemical solution from the aircraft,
the waste receptacle including a plurality of sidewalls that are joined to and extend upwardly from a floor,
the plurality of sidewalls further joined to each other at their side edges,
the floor and the plurality of sidewalls together forming a bounds of a workspace within an interior of the waste disposal apparatus; and
at least one tank releasably fastened to a bottom of the waste disposal apparatus,
the at least one tank configured to expand a storage capability of the waste disposal apparatus,
the at least one tank including a threaded insert configured to facilitate fastening of the at least one tank to the waste disposal apparatus and further configured to facilitate fastening of one or more additional tanks to the at least one tank
11. A waste disposal system for servicing a lavatory of an aircraft, the waste disposal system comprising:
a waste disposal apparatus, the waste disposal apparatus comprising:
an open-top waste receptacle for accidental fallout of a waste debris or a chemical solution from the aircraft,
the waste receptacle including a plurality of sidewalls that are joined to and extend upwardly from a floor,
the plurality of sidewalls further joined to each other at their side edges,
the floor and the plurality of sidewalls together forming a bounds of a workspace within an interior of the waste disposal apparatus,
a tall sidewall of the plurality of sidewalls forming a barrier between a user and the interior of the waste receptacle; and
at least one tank releasably fastened to a bottom of the waste disposal apparatus,
the tank configured to expand a storage capability of the waste disposal apparatus,
the tank including a threaded insert configured to facilitate fastening of the tank to the waste disposal apparatus and further configured to facilitate fastening of one or more additional tanks to the at least one tank.
‘731 includes more elements (see the italicized section), and is thus much more specific.
Further regarding Claim 11 of the present application, It is clear that all the elements of Claim 11 are to be found in patent ‘731 Claim 11. The difference between Claim 11 of the application and Claim 11 of the patent lies in the fact that the patent claim includes more elements and is thus much more specific.
The elements of Claim 11 of the patent that are not included in the present application include:
- a tall sidewall of the plurality of sidewalls forming a barrier between a user and the interior of the waste receptacle.
Thus, the invention of Claim 11 of the patent is in effect a “species” of the “generic” invention of Claim 11 of the present application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed Cir 1993). Since Claim 11 of the present application is anticipated by Claim 11 of patent ‘731, it is not patentably distinct from Claim 11 of patent ‘731.
Regarding Claim 12, in the present Application, Claim 12 recites “The waste disposal system of claim 11, the at least one tank configured to expand a volume of the waste receptacle for accidental fallout of the waste debris or the chemical solution from the aircraft.” The waste disposal system of claim 11, the at least one tank configured to receive waste from the aircraft by a waste hose, the waste hose extending from the aircraft to the at least one tank. See Claim 13 of the patent. See Claim 12 of the patent.
Regarding Claim 13, in the present Application, Claim 13 recites “The waste disposal system of claim 11, the at least one tank configured to receive waste from the aircraft by a waste hose, the waste hose extending from the aircraft to the at least one tank.” See Claim 13 of the patent.
Regarding Claim 14, in the present Application, Claim 14 recites “The waste disposal system of claim 11, the at least one tank configured to store the chemical solution, the chemical solution transferred to the aircraft by a rinse/refill hose extending from the at least one tank to the aircraft.” See Claim 14 of the patent.
Regarding Claim 15, in the present Application, Claim 15 recites “The waste disposal system of claim 11, further comprising: a plurality of hose ports disposed within the plurality of sidewalls of the waste receptacle, the plurality of hose ports comprising: a waste hose port, the waste hose port configured to facilitate a transport of waste from the aircraft by allowing a waste hose to extend from an exterior of the waste disposal apparatus through to the interior of the waste disposal apparatus, the waste hose not connected to the waste hose port and free to move within the waste hose port; and a rinse/refill hose port, the rinse/refill hose port configured to facilitate a transport of the chemical solution to the aircraft by allowing a rinse/refill hose to extend from the exterior of the waste disposal apparatus through to the interior of the waste disposal apparatus, the rinse/refill hose not connected to the rinse/refill hose port and free to move within the rinse/refill hose port.”
See Claim 15 of the patent.
Regarding Claim 16, in the present Application, Claim 16 recites “The waste disposal system of claim 11, wherein the waste disposal system is mounted to a stand, the stand bearing a weight of the waste disposal system and configured to facilitate the use of the waste disposal system with the aircraft (see Claim 16 of the patent), and wherein the stand is operatively connected to a service cart/truck to enhance a mobility and operability of the waste disposal system (see Claim 17 of the patent).”
Claims 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 18-20 of U.S. Patent No. 12,220,731. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
Regarding Claim 17, Although the claims at issue are not identical, they are not patentably distinct from each other as they differ only as described in the table below.
Claim language: Application 19/009,211 (This Application)
Claim language: US 12,220,731 B2
Differences /
Obviousness rationale
17. A method of servicing a lavatory of an aircraft, the method comprising:
providing a waste disposal apparatus, the waste disposal apparatus comprising:
an open-top waste receptacle,
the waste receptacle including a plurality of sidewalls that are joined to and extend upwardly from a floor,
the plurality of sidewalls further joined to each other at their side edges,
the floor and the plurality of sidewalls together forming a bounds of a workspace within an interior of the waste disposal apparatus; and
a plurality of hose ports disposed within the plurality of sidewalls of the waste receptacle, the plurality of hose ports comprising:
a waste hose port,
the waste hose port configured to facilitate a transport of waste from the aircraft; and
a rinse/refill hose port,
the rinse/refill hose port configured to facilitate a transport of a chemical solution to the aircraft;
extending a waste hose from an exterior of the waste disposal apparatus through the waste hose port and into the interior of the waste disposal apparatus,
the waste hose not connected to the waste hose port and free to move within the waste hose port;
extending a rinse/refill hose from the exterior of the waste disposal apparatus through the rinse/refill hose port to the interior of the waste disposal apparatus,
the rinse/refill hose not connected to the rinse/refill hose port and free to move within the rinse/refill hose port; and
catching accidental fallout of the waste debris or the chemical solution from the aircraft during the servicing in the waste receptacle of the waste disposal apparatus.
18. A method of servicing a lavatory of an aircraft, the method comprising:
providing a waste disposal apparatus, the waste disposal apparatus comprising:
an open-top waste receptacle,
the waste receptacle including a plurality of sidewalls that are joined to and extend upwardly from a floor,
the plurality of sidewalls further joined to each other at their side edges,
the floor and the plurality of sidewalls together forming a bounds of a workspace within an interior of the waste disposal apparatus,
a tall sidewall of the plurality of sidewalls forming a barrier between a user and the interior of the waste receptacle; and
a plurality of hose ports disposed within the tall sidewall of the waste receptacle, the plurality of hose ports comprising:
a waste hose port,
the waste hose port configured to facilitate the transport of waste from the aircraft; and
a rinse/refill hose port,
the rinse/refill hose port configured to facilitate the transport of a chemical solution to the aircraft;
extending the waste hose from an exterior of the waste disposal apparatus through the waste hose port and into the interior of the waste disposal apparatus,
the waste hose not connected to the waste hose port and free to move within the waste hose port;
extending the rinse/refill hose from the exterior of the waste disposal apparatus through the rinse/refill hose port to the interior of the waste disposal apparatus,
the rinse/refill hose not connected to the rinse/refill hose port and free to move within the rinse/refill hose port; and
catching accidental fallout of the waste debris or the chemical solution from the aircraft during the servicing in the waste receptacle of the waste disposal apparatus.
‘731 includes more elements (see the italicized section), and is thus much more specific.
Further regarding Claim 17 of the present application, It is clear that all the elements of Claim 17 are to be found in patent ‘731 Claim 18. The difference between Claim 17 of the application and Claim 18 of the patent lies in the fact that the patent claim includes more elements and is thus much more specific.
The elements of Claim 18 of the patent that are not included in the present application include:
- a tall sidewall of the plurality of sidewalls forming a barrier between a user and the interior of the waste receptacle.
Thus, the invention of Claim 18 of the patent is in effect a “species” of the “generic” invention of Claim 17 of the present application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed Cir 1993). Since Claim 17 of the present application is anticipated by Claim 18 of patent ‘731, it is not patentably distinct from Claim 18 of patent ‘731.
Regarding Claim 18, in the present Application, Claim 18 recites “The method of servicing a lavatory of an aircraft of claim 17, wherein the plurality of sidewalls includes a tall sidewall that forms a barrier between a user and the interior of the waste receptacle.” See Claim 18 of the patent.
Regarding Claim 19, in the present Application, Claim 19 recites “The method of servicing a lavatory of an aircraft of claim 17, the method further comprising: releasably fastening at least one tank to a bottom of the waste disposal apparatus, the at least one tank configured to expand a storage capability of the waste disposal apparatus, the at least one tank including a threaded insert configured to facilitate fastening of the at least one tank to the waste disposal apparatus and further configured to facilitate fastening of one or more additional tanks to the at least one tank.” See Claim 19 of the patent. Examiner notes that the present application has two references to “the at least one tank”, whereas the patent states “the tank”. However, Examiner determines that the scope of the two claims are identical and patentably indistinct.
Regarding Claim 20, in the present Application, Claim 20 recites “The method of servicing a lavatory of an aircraft of claim 17, the method further comprising: mounting the waste disposal apparatus to a stand, the stand bearing a weight of the waste disposal apparatus and configured to facilitate the use of the waste disposal apparatus with the aircraft; and operatively connecting the stand to a service cart/truck to enhance a mobility and operability of the waste disposal apparatus.” See Claim 20 of the patent.
Conclusion
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/CHRISTOPHER M AFFUL/Examiner, Art Unit 3753