DETAILED ACTION
In response to remarks filed on 16 July 2026
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 16 July 2026 has been entered.
Status of Claims
Claims 1, 3, 5-10 and 14 are pending;
Claims 1 and 9 are currently amended;
Claims 3, 5-8, 10 and 14 were previously presented;
Claims 2, 4 and 11-13 are cancelled;
Claims 1, 3, 5-10 and 14 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 16 July 2026 have been fully considered and they are moot since a new secondary reference is being used to reject the claims.
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 5, 6 and 14 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.
As to Claim 5, the claim recites “a density current channel”. It is unclear if this refers to the “density current channel” of claim 1. Appropriate correction is required.
As to Claim 6, the claim recites “an agitator”. It is unclear if this refers to the “agitator” of claim 1. Appropriate correction is required.
As to Claim 14, it is unclear what the relationship is between the platform and the structural elements of claim 9. Appropriate correction is required.
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.
Claims 1, 3, 5-7, 9, 10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vondracek (U.S. Patent Application Publication No. 2007/0257126) in view of Gare (U.S. Patent No. 3,542,490).
As to Claim 1, Vondracek discloses a sea-surface temperature lowering apparatus, comprising:
A pump (210) configured to pump deep seawater;
An agitation device (220) configured to agitate the pumped deep seawater (Arrow from deep seawater in Figure 2) and surface water (Arrow from surface seawater in Figure 2) to generate mixed water being a density current (at 440);
A density current channel (Horizontal conduit right of 220 in Figure 2) connected to the agitation device (220), the density current channel includes a lower side wall (Lower wall of horizontal conduit right of 220 in Figure 2) and an upper side wall (Upper wall of horizontal conduit right of 220 in Figure 2);
A platform (200) including the pump (210) and the agitation device (220), and
Wherein the generated density current is discharged through the density current channel toward an ocean current flowing around United States coasts (Paragraph 0036: “FIG. 5 displays a sample distribution of distribution systems 300 positioned at different locations along existing ocean currents in the Atlantic Basin to aid in distribution of the cool sea water at surface areas along the Atlantic Basin”).
However, Vondracek is silent about a gas injection device configured to inject a gas into the mixed water, wherein the gas injection device is located in the density current channel downstream from an agitator included in the agitation device. Gare discloses a gas injection device (12) configured to inject a gas (A) into the mixed water (at 11), wherein the gas injection device (12) is located in the current channel (33) downstream from an agitator included in the agitation device (31). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a gas injection device configured to inject a gas into the mixed water, wherein the gas injection device is located in the density current channel downstream from an agitator included in the agitation device. The motivation would have been to aerate the water.
As to Claim 3, Vondracek as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Vondracek as modified also teaches wherein the gas injection device (Gare: 12) injects the gas into the density current (Vondracek: Horizontal conduit right of 220 in Figure 2) to generate a dissolved-oxygen density current with a higher concentration of oxygen, the platform is within a predetermined circular area, and the dissolved-oxygen density current is discharged to join the Gulf Stream.
As to Claim 5, Vondracek as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Vondracek as modified also teaches wherein the platform (Vondracek: 200) includes a density current channel (Vondracek: Horizontal conduit right of 220 in Figure 2), in which the density current flows, and the agitator (Vondracek: 220) is located upstream from the gas injection device (Gare: 12) in the density current channel.
As to Claim 6, Vondracek as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Vondracek as modified also teaches wherein the gas injection device (Gare: 12) injects the gas into seawater in an agitator included in the gas injection device or seawater flowing into the agitator (Vondracek: 220).
As to Claim 7, Vondracek as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Although Vondracek as modified does not explicitly teach wherein the gas injected into the mixed water includes microbubbles with a diameter of 1 to 50 pm inclusive, or nanobubbles with a diameter less than 1 pm, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to contrive any number of desirable ranges for the diameter limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
As to Claim 9, Vondracek discloses a sea-surface temperature lowering method, comprising:
Generating mixed water being a density current by agitating (at 220) deep seawater (Arrow from deep seawater in Figure 2) pumped (via 210) and surface water (Arrow from surface seawater in Figure 2) in the surface water;
Discharging through, a density current channel (Horizontal conduit right of 220 in Figure 2) having a lower side wall (Lower wall of horizontal conduit right of 220 in Figure 2) and an upper side wall (Upper wall of horizontal conduit right of 220 in Figure 2), the generated density current toward an ocean current flowing around the East Coast of the United States (Paragraph 0036: “FIG. 5 displays a sample distribution of distribution systems 300 positioned at different locations along existing ocean currents in the Atlantic Basin to aid in distribution of the cool sea water at surface areas along the Atlantic Basin”).
However, Vondracek is silent about injecting a gas into the mixed water, wherein the injecting the gas includes injecting the gas into the density current after the deep seawater and the surface water are agitated. Gare discloses injecting (via 12) a gas (A) into the mixed water (at 11), wherein the injecting the gas includes injecting the gas into the current after the deep seawater and the surface water are agitated (at 32). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to inject a gas into the mixed water, wherein the injecting the gas includes injecting the gas into the density current after the deep seawater and the surface water are agitated. The motivation would have been to aerate the water.
As to Claim 10, Vondracek as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Vondracek as modified also teaches wherein the discharging the generated density current (Vondracek: Horizontal conduit right of 220 in Figure 2) includes discharging the generated density current from a predetermined circular area.
As to Claim 14, Vondracek as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Vondracek as modified also teaches wherein a platform (Vondracek: 200) is assisted by a cruising observation ship (It is inherent that the floating platform has to be towed by a ship).
Claims 1, 3, 5-7, 9, 10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ouchi (U.S. Patent Application Publication No. 2009/0038556) in view of Gare (U.S. Patent No. 3,542,490).
As to Claim 1, Ouchi discloses a sea-surface temperature lowering apparatus, comprising:
A pump (23) configured to pump deep seawater;
An agitation device (21b) configured to agitate the pumped deep seawater (from 22) and surface water (from 24) to generate mixed water being a density current (at 26);
A density current channel (26) connected to the agitation device (21b), the density current channel includes a lower side wall (Lower wall of 26) and an upper side wall (Upper wall of 26);
A platform (21) including the pump (23) and the agitation device (21b), and
Wherein the generated density current (at 26) is discharged through the density current channel (26) toward an ocean current flowing around United States coasts.
However, Ouchi is silent about a gas injection device configured to inject a gas into the mixed water, wherein the gas injection device is located in the density current channel downstream from an agitator included in the agitation device. Gare discloses a gas injection device (12) configured to inject a gas (A) into the mixed water (at 11), wherein the gas injection device (12) is located in the current channel (33) downstream from an agitator included in the agitation device (31). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a gas injection device configured to inject a gas into the mixed water, wherein the gas injection device is located in the density current channel downstream from an agitator included in the agitation device. The motivation would have been to aerate the water.
As to Claim 3, Ouchi as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Ouchi as modified also teaches wherein the gas injection device (Gare: 12) injects the gas into the density current (Ouchi: 26) to generate a dissolved-oxygen density current with a higher concentration of oxygen, the platform is within a predetermined circular area, and the dissolved-oxygen density current is discharged to join the Gulf Stream.
As to Claim 5, Ouchi as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Ouchi as modified also teaches wherein the platform (Ouchi: 21) includes a density current channel (Ouchi: 26), in which the density current flows, and the agitator (Ouchi: 21b) is located upstream from the gas injection device (Gare: 12) in the density current channel.
As to Claim 6, Ouchi as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Ouchi as modified also teaches wherein the gas injection device (Gare: 12) injects the gas into seawater in an agitator included in the gas injection device or seawater flowing into the agitator (Ouchi: 21b).
As to Claim 7, Ouchi as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Although Ouchi as modified does not explicitly teach wherein the gas injected into the mixed water includes microbubbles with a diameter of 1 to 50 pm inclusive, or nanobubbles with a diameter less than 1 pm, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to contrive any number of desirable ranges for the diameter limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
As to Claim 9, Ouchi discloses a sea-surface temperature lowering method, comprising:
Generating mixed water being a density current by agitating (at 21b) deep seawater pumped (via 23) and surface water (from 24) in the surface water;
Discharging through, a density current channel (26) having a lower side wall (Lower wall of 26) and an upper side wall (Upper wall of 26), the generated density current toward an ocean current (1) flowing around the East Coast of the United States.
However, Ouchi is silent about injecting a gas into the mixed water, wherein the injecting the gas includes injecting the gas into the density current after the deep seawater and the surface water are agitated. Gare discloses injecting (via 12) a gas (A) into the mixed water (at 11), wherein the injecting the gas includes injecting the gas into the current after the deep seawater and the surface water are agitated (at 32). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to inject a gas into the mixed water, wherein the injecting the gas includes injecting the gas into the density current after the deep seawater and the surface water are agitated. The motivation would have been to aerate the water.
As to Claim 10, Ouchi as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Ouchi as modified also teaches wherein the discharging the generated density current (Ouchi: 26) includes discharging the generated density current from a predetermined circular area.
As to Claim 14, Ouchi as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Ouchi as modified also teaches wherein a platform (Ouchi: 21) is assisted by a cruising observation ship (It is inherent that the floating platform has to be towed by a ship).
Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ouchi (U.S. Patent Application Publication No. 2009/0038556) in view of Gare (U.S. Patent No. 3,542,490); and further in view of Finley (U.S. Patent No. 5,106,230).
As to Claim 8, Ouchi as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). However, Ouchi as modified is silent about further comprising composite blades including pumping blades in the pump and introduction blades in the agitation device, wherein the pumping blades and the introduction blades are integral with each other, and wherein the composite blades are fixed to a single rotational shaft. Finley discloses a pump and agitation device (100) with composite blades (125) including pumping blades in the pump and introduction blades in the agitation device (Two of the blades can be interpreted as pumping blades and two other blades can be interpreted as agitation blades) and wherein the composite blades are fixed to a single rotational shaft (126). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide composite blades including pumping blades in the pump and introduction blades in the agitation device, wherein the pumping blades and the introduction blades are integral with each other, and wherein the composite blades are fixed to a single rotational shaft. The motivation would have been to propel the fluids in a desired direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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