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
The Applicant has elected claims 33 and 41-44 which includes the features of Species IIIA and IIIc
Claim Rejections - 35 USC § 112
Claims 33 and 41-44 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.
In claim 33, lines 4 and 5, “the inside” lacks prior antecedent basis, in that, the particulars of the rearing cage has not been claimed. In claims 41 and 42, line 2, “4 mesh”, is unclear as to which international standard the Applicant is using to define the actual mesh size. See also, claim 43, line 2, “10 mesh” and claim 44, line 2, “180 mesh”.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The inclined portion claimed in clam 33 lacks prior antecedent basis in the claim. The specification refers to a “folded portion 4” in para 0113 and 0131 instead of an “inclined portion”.
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 –
Claim(s) 33 and 41-43 is/are rejected under 35 U.S.C. 102b as being anticipated by Wu (CN 103598123 published on February 26, 2014). Regarding claim 33, Wu teaches a cephalopod rearing cage capable of containing a cephalopod alive throughout its life. The cage as shown in figure 4, includes a single mesh sheet and an inclined portion (unnumbered) extending from the side surface portion. See para 0029 of the English translation.
Regarding claim 41, the 4 mesh is equal to 6.35mm, the mesh size discussed in para 0029 is 9mm or 15mm which is not less than 6.35mm.
Regarding claim 42, in para 0029, the mesh size during the pelagic period is set at 3mm which is considered to be substantially near 4 mesh/6.36mm.
Regarding claim 43, in para 0029, the mesh size during the growth stage is 9mm is substantially near 10 mesh or 2.54mm which is substantially near 3mm.
Regarding claim 44, the 180 mesh is considered to be 180 openings per inch, which is also equal to 25.4mm/180=0.14mm, which makes the limit of not greater than 180 mesh to be openings that are not less than 0.14mm. Wu teaches mesh size of pelagic period setting is set to 3mm-1mm, see para 0029. Also, note that the 0.14mm by 0.14mm opening size are considered to be at least 0.15mm in size opening.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD T. PRICE JR whose telephone number is (571)272-6892. The examiner can normally be reached Monday-Friday 7AM-3:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter M. Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD T PRICE JR/Primary Examiner, Art Unit 3643
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