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 .
An amendment was filed by the applicant on July 20, 2026.
Claims 1, 8 and 10 have been cancelled.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 11-13 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.
On line 4 of claim 11, docking means including “a plurality of rigid claps” is now disclosed. It is unclear to the examiner what the applicant is intending to claim as “rigid claps”. It is assumed by the examiner that the applicant intended to claim “rigid clasps”.
On line 4 of claim 12, docking means including “a plurality of rigid claps” is now disclosed. It is unclear to the examiner what the applicant is intending to claim as “rigid claps”. It is assumed by the examiner that the applicant intended to claim “rigid clasps”.
Claim 13 depends from independent claim 12, and is thus also rendered indefinite.
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.
Claims 2-7, 14-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Santana Lima et al. (US 11,845,521) in view of Austin et al. (US 11,072,406).
Santana Lima et al. discloses a marine docking structure, as shown in Figures 1-10, which is comprised of a towing head or docking body, defined as Part #30, that is adapted to be deployed from a recovery vessel, defined as Part #60, as shown in Figure 1, docking means in the form of locking mechanisms or rigid clasps, each defined as Part #32, that are associated with said towing head or docking body and are adapted for the docking of a submersible vehicle or unmanned underwater vehicle (UUV), defined as Part #50, and propulsion means, defined as Part #34, that is associated with said towing head or docking body, as shown in Figures 5a-c, where said propulsion means is configured to control the positioning or steering of said towing head or docking body relative to said submersible vehicle or UUV for guiding the docking of said submersible vehicle or UUV with said towing head or docking body, as shown in Figure 6. A cable, defined as Part #20, is connected at one end to said towing head or docking body, and at another end to said recovery vessel, as shown in Figure 1, where said cable is associated with a towline that is arranged for towing said towing head or docking body from said recovery vessel. Said towline is configured to combine with said propulsion means of said towing head or docking body in order to control the positioning or steering of said towing head or docking body, and assist with the retrieval of said towing head or docking body and a docked submersible vehicle or UUV to said recovery vessel, as shown in Figure 4. Said cable may include a communications cable, a power cable, and a tension or docking cable, as described in lines 60-64 of column 9, where said communications cable is coupled to one or more sensors on said towing head or docking body for communicating sensor data from said one or more sensors to said recovery vessel, as described in lines 40-58 of column 15. Said cable also includes a communications or actuator cable that is operatively coupled to actuators of said propulsion means of said towing head or docking body for remote control of the position of said towing head or docking body for guided docking of said submersible vehicle or UUV from said recovery vessel. Said cable also includes a power cable that is operatively coupled to said towing head or docking body for powering said docking means or said propulsion means, as shown in Figure 1. Said cable also includes a tension or docking cable that is operatively coupled to said docking means for remote docking of said submersible vehicle or UUV with said towing head or docking body, as shown in Figure 4. Said propulsion means includes one or more thrusters, each defined as Part #34, as shown in Figures 5a-c, that are associated with one or more fins, defined as Parts #37 and 38, that are mounted on said towing head or docking body. Said one or more fins are each pivotally mounted to said towing head or docking body, as shown in Figure 5c, in order to assist with positioning or steering said towing head or docking body for guided docking of said submersible vehicle or UUV. A processor is also inherently located on said recovery vessel and is configured to communicate with said one or more sensors by means of said communications cable in order to assist with the guided docking of said submersible vehicle or UUV. Said one or more sensors that are associated with said towing head or docking body include position sensors or cameras, as described in lines 49-51 of column 15. A visual support system with said position sensors or cameras, defined as Part #36, is mounted at an aft section of said towing head or docking body, as shown in Figures 5a and 6, and is configured to capture visual data of said submersible vehicle or UUV as it approaches said towing head or docking body in order to assist with guided docking of said submersible vehicle or UUV.
Santana Lima et al., as set forth above, discloses all of the features claimed except for the use of a docking cavity with suction means, where said docking cavity has a complementary shape to at least part of an external surface that is disposed within said docking cavity.
Austin et al. discloses a submersible vehicle with a payload deployment system, as shown in Figures 1-6B, which is comprised of an autonomous underwater vehicle (AUV), defined as Part #10, with a deployment system, defined as Part #11, having a plurality of deployment chambers, each defined as Part #12, for holding a payload, defined as Part #19. Each of said plurality of deployment chambers includes an inner wall, defined as Part #33, that defines a wet space, defined as Part #18, and a vacuum mechanism, defined as Part #39, in the form of a vacuum pump, as shown in Figure 6A. Each payload fits inside a deployment chamber and contacts a sealing zone, defined as Part #35. Said vacuum mechanism is configured to establish a vacuum in said wet space in order secure said payload against said inner wall of a deployment chamber at said sealing zone. Said inner wall of each of said plurality of deployment chambers is also shaped to be substantially complementary to at least part of an external surface of said payload, as shown in Figure 6B, to facilitate establishing a gas and fluid tight seal, defined as Part #36, with said inner wall.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize a deployment chamber or docking cavity with suction means, where said deployment chamber or docking cavity has a complementary shape to at least part of an external surface of a payload that is disposed within said deployment chamber or docking cavity, as taught by Austin et al., in combination with the marine docking structure as disclosed by Santana Lima et al. for the purpose of providing a docking body with docking means in the form of suction means within a docking cavity that is formed within said docking body, and a docking cavity with a complementary shape to an external surface of a payload or vehicle in order to facilitate the docking of a payload or vehicle within said docking cavity.
Allowable Subject Matter
Claims 9 and 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 2-7, 14-16 and 19-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MARC JIMENEZ can be reached at 571-272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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July 29, 2026
/LARS A OLSON/Primary Examiner, Art Unit 3615B
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