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 1, 9 and 12-13 are objected to because of the following informalities:
In claim 1 line 6, “…includes in the dedicated space at least…” should read “…includes, in the dedicated space, at least…”.
In claim 9 line 2, “…at least one buffer tank…” should read “…at least one of the plurality of buffer tanks…”.
In claim 12 line 6, “…at least one buffer tank…” should read “…at least one of the plurality of buffer tanks…”.
In claim 13 line 1, “An aircraft…” should read “The aircraft…” as positively recited in claim 1.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: water conveying device in claim 9.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 11 is 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 11 recites “a pressure equalizing reservoir fluidly connected to the at least one water pipe and configured to equalize a pressure of the water in the at least one water pipe” which renders the claim indefinite as it is unclear with respect to what the pressure of the water in the at least one water pipe is being equalized to? For the examination purpose the limitation is interpreted as “a pressure equalizing reservoir fluidly connected to the at least one water pipe and configured to maintain a pressure of the water in the at least one water pipe.
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.
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.
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) 1-10 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicant Admitted Prior Art (AAPR) in view of Alps et al. (US 2019/0063046).
Regarding claims 1 and 9, AAPR (figure 1) teaches a section of an aircraft having a plurality of buffer tanks (21s) supplying water to water consumer units and a high pressure water system (10) to convey water to the plurality of buffer tanks (21s) under pressure higher than a pressure required for a water consumer/consumer equipment of the water consumer units (Para 0048-0049; high pressure water system conveys water to buffer tanks via pumps (12, 14) whereas buffer tanks (12) conveys water to a water consumer/consumer equipment without pumps), the aircraft sections comprising:
a monument/lavatory encasing a dedicated three-dimensional space, wherein the monument/lavatory includes, in the dedicated space, at least one water consumer/consumer equipment (clearly seen in figure 1);
a buffer region/region occupied by buffer tanks (21s) including at least one of the plurality of buffer tanks (21s) storing a water supply for the at least one water consumer/consumer equipment of the monument/lavatory (Para 0048), and
a controller (42) configured to control the high-pressure water distribution system (Para 0049)
but it is silent about the aircraft section wherein the buffer region does not intersect with the dedicated three-dimensional space of the monument,
a water conveying device conveying water from the at least one of the plurality of buffer tanks to the at least one water consumer; and
a controller configured to control the water conveying device.
Alps et al. ‘046 teaches (figures 1-2) an aircraft (10) comprising a fresh-water supply system (20) arranged in the aircraft fuselage (12) wherein the fresh-water supply system (20) has a fresh-water provision unit (20) comprising fresh-water tank (42) arranged in the underfloor region (16) and water extraction units/water consumers arranged in the cabin region (14) wherein a water pump/water conveying device (44) pumps the fresh water into the water line network (26) such that said fresh water flows under pressure to the water extraction units (24) (Para 0034-0037; fresh-water provision unit and water extraction units/water consumers are separate).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified AAPR to incorporate the teachings of Alps et al. ‘046 to configure the aircraft section wherein the buffer region does not intersect with the dedicated three-dimensional space of the monument,
a water conveying device conveying water from the at least one of the plurality of buffer tanks to the at least one water consumer; and
a controller configured to control the water conveying device (water conveying device is a part of a water distribution system).
One of ordinary skill in art would recognize that doing so would enhance efficiency during maintenance by providing separate and easy access to both the monument and buffer tank.
Regarding claim 2, modified AAPR (figure 1) teaches the aircraft section further comprising:
a cabin floor, on which the monument is disposed,
wherein the buffer region is located underneath the cabin floor (as modified by Alps et al. ‘046).
Regarding claim 3, modified AAPR (figure 1) teaches the aircraft section further comprising:
a floor structure,
wherein a height of the buffer region corresponds at most to a height of the floor structure (as modified by Alps et al. ‘046; buffer region is arranged in an underfloor region).
Regarding claim 4, modified AAPR (figure 1) teaches the aircraft section further comprising:
a buffer holding assembly mounted to the floor structure/partition (18),
wherein the at least one buffer tank is on the buffer holding assembly (as modified by Alps et al. ‘046; Para 0037; assembly of water line network (26) mounted to the partition (18) which holds water tank (42) is a buffer holding assembly).
Regarding claim 5, modified AAPR (figure 1) teaches the aircraft section further comprising:
an aircraft door in an outer skin of the aircraft (aircraft has a door in an outer skin of the aircraft),
wherein the buffer region is adjacent to the aircraft door (buffer region is at a fixed distance from the aircraft door).
Regarding claim 6, modified AAPR (figure 1) teaches the aircraft section further comprising:
a pressure cabin component defining a pressurized cabin of the aircraft (cabin of an aircraft is pressurized; aircraft outer skin enclosing cabin and bulkhead comprises pressure cabin component as they enclose pressurized cabin),
wherein the buffer region is between the monument and the pressure cabin component (as modified by Alps et al. 046; buffer tank is separate and outside of the monument).
Regarding claim 7, modified AAPR (figure 1) teaches the aircraft section wherein the pressure cabin component is an outer skin of the aircraft or a pressure bulkhead in an aft region of the aircraft (aircraft outer skin enclosing cabin and bulkhead enclose pressurized cabin, thus are pressure cabin component).
Regarding claim 8, modified AAPR (figure 1) teaches the aircraft section further comprising:
a buffer holder mounted to an exterior of the monument,
wherein the at least one buffer tank (21) is on the buffer holder (buffer tank is connected/mounted to the monument/lavatory via buffer holder/structure mounting/coupling buffer tank (21) to the monument/lavatory (clearly seen in figure 1); buffer tanks are arranged and supported externally (as modified by Alps et al. ‘046).
Regarding claim 10, modified AAPR (figure 1) teaches the aircraft section wherein the controller is configured to operate the water conveying device/pump continuously to supply water to the at least one water consumer having a predefined pressure level (as modified by Alps et al. ‘046; pump pumps the fresh water into the water line network such that said fresh water flows under pressure; water consumer has a predefined pressure level).
Regarding claim 12, modified AAPR (figure 1) teaches the aircraft section further comprising:
at least one additional monument/galley (21) each including one or more further water consumers/consumer equipment,
wherein all water consumers/consumer equipment of the at least one additional monument/galley receive water from the at least one of the plurality of buffer tanks of the buffer region (clearly seen in figure 1) (Para 0048-0049).
Regarding claim 13, modified AAPR (figure 1) teaches the aircraft, comprising:
at least one aircraft section of claim 1 (aircraft section is a part of the aircraft).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicant Admitted Prior Art (AAPR) and Alps et al. (US 2019/0063046) as applied to claim 9 above, and further in view of Jordan (US 2007/0251238).
Regarding claim 11 (as best understood), modified AAPR (figure 1) teaches the aircraft section further comprising:
at least one water pipe/water line connecting the water conveying device/pump and the at least one water consumer/consumer equipment (as modified by Alps et al. ‘046)
but it is silent about the aircraft section further comprising:
a pressure equalizing reservoir fluidly connected to the at least one water pipe and configured to maintain a pressure of the water in the at least one water pipe.
Jordan ‘238 teaches (figure 1) a use of an accumulator/pressure equalizing reservoir (108) to maintain a constant water pressure in the main water pipe (102) (Para 0030).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified AAPR to incorporate the teachings of Jordan ‘238 to configure the aircraft section further comprising:
a pressure equalizing reservoir fluidly connected to the at least one water pipe and configured to maintain a pressure of the water in the at least one water pipe.
One of ordinary skill in art would recognize that doing so would maintain a constant water pressure (Para 0030).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHESH DANGOL whose telephone number is (303)297-4455. The examiner can normally be reached Monday-Friday 0730-0530 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua J Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASHESH DANGOL/Primary Examiner, Art Unit 3642
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