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 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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin et al. (U.S. Patent 6,032,821), hereinafter “Martin”.
In regards to claim 1, Martin discloses a tube portion (20) including: a suction adapter (46, 90) at one end of the tube portion (20); and a siphon tube receptacle (82) at the other end of the tube portion (20).
When reading the preamble in the context of the entire claim, the recitation “tank siphon” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See MPEP § 2111.02.
In regards to claims 2 and 8, the suction adapter (46, 90) is attached to the tube portion (20) via a friction fit.
In regards to claims 3 and 9, the suction adapter (46, 90) comprises a fitting (46) capable of receiving a suction source.
In regards to claims 4 and 10, the fitting (90) is stepped at least to the same extent as applicant, wherein applicant appears to illustrate the fitting and adapter as the same element. Further, it is the office’s position that the adapter/fitting (46, 90) of Martin is capable of different sized suction sources.
In regards to claims 5 and 11, the siphon tube receptable (82) comprises a notched area (N).
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In regards to claims 6 and 12, the tube portion comprises a set of aeration holes (100).
In regards to claim 7, Martin further discloses a storage tank (14) wherein the siphon tube receptable (82) is positioned at a bottom of the water storage tank (14) and the suction adapter (46, 90) extends through an upper surface of the water surface tank (14).
When reading the preamble in the context of the entire claim, the recitation “sediment collection apparatus” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See MPEP § 2111.02.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to R.K. Arundale whose telephone number is 571-270-3453. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881, and Craig Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT K ARUNDALE/Primary Examiner, Art Unit 3753
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