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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the flexible hose holder of claim 7 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the fluid cap holder of claim 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-10 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 recites the limitation "the dipstick port". There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the top portion". There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites “of such surface geometry,” it is unclear what geometry is being defined.
Claim 4 recites the limitation "the bottom". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the extracted liquid". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the side". There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites “fluid cap” and “fill cap”, it is unclear if these are the same or different element.
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.
Claim(s) 1-4 and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tabet (US 2603312) in view of Caudill et al. (US 2017/0191389 A1). Tabet discloses a fluid extraction device, comprising:
Re claim 1, a housing (wall structure of 10 shown in fig. 1) covering and encasing a pump (81) and wiring (wiring shown in fig. 3 extending from the pump) associated with said pump; said pump having a single inlet port (port corresponding to hose 94) and a single outlet port (port corresponding to hose 102); electrical components comprising a start and stop power switch (91), operation indicator lights (106,128), and a power cord (88) contained within said housing (fig. 2); said housing comprising openings through which said inlet port and said outlet port extend (fig. 1); a flexible inlet hose (94) connecting to said single inlet port at the proximal end of said flexible hose; a quick connect (quick connect shown as a hex nut, which indicates a threaded engagement) attached to said outlet port; said flexible hose further comprising a quick connector assembly (96) at the distal end of the flexible hose; a straw-tube (98) having a straw-adaptor (99) at a proximal end of said straw-tube; the straw-tube of sufficient diameter to enter and pass through the dipstick port (110) of a vehicle and of sufficient length to extract all fluid within a vehicle oil pan (fig. 7); said straw-adaptor operative to attach the straw-tube to the quick connector assembly of said flexible hose so as to form a leak proof attachment (col 6 ln 48-53); said straw-tube connected to the flexible hose and the flexible hose connected to the inlet port of the pump such that when the fluid extraction device is placed in operation the pump extracts liquid from a reservoir through the flexible hose and transfers the pumped liquid to a separate container through the single outlet port (fig. 1 and fig. 7).
Re claim 2, where the housing further comprises a handle (62; the operator may lift the housing up by pulling up on 62 when going over a ledge, for example) on the top portion of said housing of such surface geometry to permit an individual to carry the device.
Re claim 3, further comprising a circuit protector (92) contained within the housing and configured to protect against over-current conditions (operator would actuate 92 to break the circuit in a scenario where the pump is pulling in air instead of fluid).
Re claim 4, further comprising non-marring feet (37,38) disposed and connected to the bottom of the housing upon which the device rests when in use.
Re claim 6, where the outlet port is connected directly to a separate length of hosing (102) that is disposed from the device to one or more holding tanks (22) during extraction operations.
Re claim 7, further comprising a flexible hose holder (70) attached to the side of said housing to attach the flexible hose when moving or carrying the device between operations and alternate locations.
Re claim 8, further comprising a fluid cap holder (top surface of 63) designed to prevent fill cap loss of fluid during extraction operations.
Re claim 9, where the straw-tube proximal end straw-adaptor connects to the quick connector assembly at the distal end of the flexible hose (col 6 ln 33-53).
Tabet does not disclose:
Re claim 1, a valve operative to manage and/or interrupt fluid flow.
Re claim 10, where the quick connector assembly further comprises a valve disposed within the quick connector assembly to manage and/or interrupt fluid flow between the distal end and proximal end of said quick connector assembly.
However, Caudill teaches a fluid extraction device comprising:
Re claim 1, a valve (44) operative to manage and/or interrupt fluid flow.
Re claim 10, where the quick connector assembly further comprises a valve (44) disposed within the quick connector assembly (44 is positioned at the connecting interface with flexible tube 42) to manage and/or interrupt fluid flow between the distal end and proximal end of said quick connector assembly.
It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ a valve, as taught by Caudill, to prevent backflow of the dirty oil when the pump stops.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tabet (US 2603312) in view of Caudill et al. (US 2017/0191389 A1) and Knorr (US 5415247). Tabet discloses the fluid extraction device (as cited above). Tabet does not disclose:
Re claim 5, further comprising an inlet strainer/filter disposed between the flexible hose and the inlet port and operative to prevent foreign body materials within the extracted liquid from passing through said pump.
However, Knorr teaches a fluid extraction device:
Re claim 5, further comprising an inlet strainer/filter (64) disposed between the flexible hose (62) and the inlet port (36) and operative to prevent foreign body materials within the extracted liquid from passing through said pump (18).
It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ a filter, as taught by Knorr, to prevent large debris from entering and damaging the pump components.
Conclusion
The cited prior art(s) made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH D TRUONG whose telephone number is (571)270-3014. The examiner can normally be reached M-F 9-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Minh Truong/Primary Examiner, Art Unit 3654