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 14-16 are objected to because of the following informalities: “the nozzles adapted to” should be replaced with --the nozzles are adapted to--. Appropriate correction is required.
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 & 12-15 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.
For Claim 5, the claim is expanding a singular pump unit [from claim 1 or claim 4] into two, rendering the scope of the claim unclear. It is recommended that each of claim 1 & 4 be amended to recite “at least one” and claim 5 state that “the at least one first/second water pump units comprises two pump units”.
For Claim 12, the claim appears to require a total of three columns, but then includes the first water inlet pump in the recitation of a newly introduced column. Since the first water pump unit is already associated with its own column, this limitation is unclear: how can the first water pump unit be included with multiple columns? Or is one column now double included? Claims -13-15 are rejected as dependent thereon.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 9 & 21 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claims 9 & 21 recites that the “flow restriction or throttle is configured to reduce or completely close…” which functionally claims a positive claim limitation [“a flow restriction or throttle which restricts an outlet flow…”], appearing to broaden the scope of each claim.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 4-9, & 12-21 are rejected under 35 U.S.C. 103 as being unpatentable over Berge (US 20180177161 A1) in view of Takeshi et al. (WO 9312651 A1, “Takeshi”).
For Claim 1, Berge discloses a submersible fish rearing tank (11) comprising:
an exterior enclosure (12) forming a closed fish habitat ¶0038;
a utility transition element (the V--V level with personnel access, as discussed in ¶0057-58 and/or one of the collars surrounding the top of an element 13) providing a transition for1 at least one of a water inlet, a water outlet, a gas outlet, an air inlet, and connections for instrumentation, the utility transition element being fixed to the exterior enclosure (the personnel access opening would have a portal or door element which is closeable in order for the device to function as intended in ¶0057-63);
a first water pump unit (16, ¶0041) adapted to pump water into the submersible fish rearing tank to provide a pressure inside the submersible fish rearing tank that exceeds a pressure acting on an outside of the submersible fish rearing tank (the pump is capable of moving water into the enclosed system, and thus is capable of providing a higher pressure inside the tank); and
a water discharge column (14) having a water discharge column outlet at a lower end of the water discharge column (as seen in Fig. 1, the arrow pointing from 14), through which internal water is discharged ¶0038.
Berge is silent to wherein the exterior enclosure is made of a flexible material, and
the water discharge column outlet including a flow restriction or throttle which restricts an outlet flow of the internal water and thereby builds hydrodynamic pressure within the submersible fish rearing tank so as to keep the flexible exterior enclosure inflated and stretched out so as to maximize an internal volume and maintain rigidity of the exterior enclosure, wherein the submersible fish rearing tank is configured to maintain a pressure inside the submersible fish rearing tank that exceeds the pressure acting on the outside of the submersible fish rearing tank.
However, Berge teaches: “FIG. 1 furthermore shows a pump 16 with a valve function which can be used for opening and closing for supply of water, that being fresh water or saline water, preferably one in each inlet pipe 13,” ¶0041.
It would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the discharge pipe 14 to further comprise a valve as taught by Berge, ¶0041, in order to provide further control over the internal environment of the tank
Takeshi, like prior art above, teaches a buoyant marine cultivation device (title, disclosure), further comprising exterior enclosure is made of a flexible material (“a base fabric made of high-strength and high-elasticity fiber such as polyvinyl chloride fiber,” page 10 of the appended WO 9312651 A1).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the material of the liquid tight cage of Berge with PVC fiber as taught by Takeshi, in order to provide a material resistant to the weather (as acknowledged by Takeshi, page 10), yielding predictable results.
The above-modified reference further renders obvious the water discharge column outlet including a flow restriction or throttle which restricts an outlet flow of the internal water and thereby builds hydrodynamic pressure within the submersible fish rearing tank so as to keep the flexible exterior enclosure inflated and stretched out so as to maximize an internal volume and maintain rigidity of the exterior enclosure, wherein the submersible fish rearing tank is configured to maintain a pressure inside the submersible fish rearing tank that exceeds the pressure acting on the outside of the submersible fish rearing tank2 (in the above-modified reference, the closed system of Berge is further enforced by an additional valve taught by Berge, would inflate the flexible envelope of Takeshi).
For Claim 2, Berge as modified above teaches the submersible fish rearing tank (11) of claim 1, and Berge further discloses further comprising:
a lower support plate (the bottom of the tank, where 44 are attached); and
a first inlet water supply column (one of 13) with nozzles (associated 131) adapted to provide water into the submersible fish rearing tank, the first inlet water supply column being fixed in relation to the exterior enclosure, wherein the first water pump unit (16) is adapted to pump water into the submersible fish rearing tank through the first inlet water supply column via the nozzles (Fig. 1 and/or 4),
wherein the water discharge column (14) extends along a central axis of the submersible fish rearing tank between the utility transition element and the lower support plate (as shown in Fig. 1 and/or 4, 14 runs between the top and bottom of the device), and
wherein the water discharge column includes a plurality of discharge ports (141) in a discharge column wall (Fig. 4).
For Claim 4, Berge as modified above teaches the submersible fish rearing tank of claim 2, and Berge further discloses further comprising a second inlet water supply column (another of 13) with nozzles (associated 131) adapted to supply water into the submersible fish rearing tank, and a second water pump unit (associated 16, Fig. 4) configured to pump water into the submersible fish rearing tank through the second inlet water supply column via the nozzles of the second inlet water supply column (¶¶0041,54), each of the first and second inlet water supply columns being tubular (each pipe 13 is tubular).
For Claim 5, Berge as modified above teaches the submersible fish rearing tank of claim 4.
Berge is silent to the first water pump unit is one of two first water pump units adapted to pump water into the submersible fish rearing tank through the first inlet water supply column, and the second water pump unit is one of two second water pump units configured to pump water into the submersible fish rearing tank through the second inlet water supply column.
It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to provide two water pumps (16) on each of the designated first and second water supply columns (13) of Berge, in order to render the typical advantages of multiple pumps in a system: less load on each pump, avoiding disrupted service upon the failure of one pump, etc., and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
For Claim 6, Berge as modified above teaches the submersible fish rearing tank of claim 1, and Berge further discloses further including an air inlet element (through which the “compressor or blower” articulates, ¶0070).
Berge is silent to the air inlet being at a lower part of the submersible fish rearing tank.
It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to provide the air inlet of Berge at the bottom of the tank, in order to utilize the pumps to actively circulate the air through the water which has been drawn in, and since the Examiner takes Official Notice that inputting air (or otherwise aerating the water source) for homogenous delivery of air throughout the tank is exceedingly well known in the art.
For Claim 7, Berge as modified above teaches the submersible fish rearing tank of claim 2, and Berge further discloses wherein the nozzles (131) adapted to provide water into the submersible fish rearing tank are directed with a tangential component inside the submersible fish rearing tank to generate a circular or spiral shaped waterflow inside the submersible fish rearing tank in a direction from an inner wall of the submersible fish rearing tank and towards the water discharge column (¶0054: “openings 131 on one and the same side of one of the inlet pipes 13, suitable for adding new water and at the same time setting the water in the tank in rotation” in view of ¶0065: “More typically more than one of the inlet pipes (13) are provided with such nozzles (131) all of the nozzles having a common circumferential orientation”).
For Claim 8, Berge as modified above teaches the submersible fish rearing tank of claim 1, and Berge further discloses wherein the water discharge column (14) furthermore includes at least one inner tube (communicating with 47) extending along the water discharge column from a lower support plate to the utility transition element (Fig. 1 and/or 4).
For Claims 9 & 21, Berge as modified above teaches the submersible fish rearing tank of claims 1 & 2, and Berge further discloses wherein the flow restriction or throttle (the “valve function” of each pump 16, as modified above) is configured to reduce or completely close the outlet water flow from the water discharge column ¶0041.
For Claim 12, Berge as modified above teaches the submersible fish rearing tank of claim 1, and Berge further discloses further comprising two tubular inlet water supply columns (another two of 13, for a total of three or more, note that Berge contemplates up to 8 vertical pipes 13, ¶0047), each tubular inlet water supply column including nozzles (131) adapted to supply water to an inside of the submersible fish rearing tank ¶0054, and at least one pump unit (16), wherein the at least one pump unit of one of the two tubular inlet water supply columns includes the first water pump unit (as best understood: ¶0041 discloses that each column has a pump).
For Claim 13, Berge as modified above teaches the submersible fish rearing tank of claim 12.
Berge is silent to wherein for each of the two tubular inlet water supply columns, the at least one pump unit comprises two pump units.
It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to provide two water pumps (16) on each of the designated inlet water supply columns (13) of Berge, in order to render the typical advantages of multiple pumps in a system: less load on each pump, avoiding disrupted service upon the failure of one pump, etc., and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
For Claim 14, Berge as modified above teaches the submersible fish rearing tank of claim 13, and Berge further discloses wherein for each of the two tubular inlet water supply columns, the nozzles (associated 131) adapted to provide water into the submersible fish rearing tank are directed with a tangential component inside the submersible fish rearing tank to generate a circular or spiral shaped waterflow inside the submersible fish rearing tank in a direction from an inner wall of the submersible fish rearing tank and towards the water discharge column (¶0054: “openings 131 on one and the same side of one of the inlet pipes 13, suitable for adding new water and at the same time setting the water in the tank in rotation” in view of ¶0065: “More typically more than one of the inlet pipes (13) are provided with such nozzles (131) all of the nozzles having a common circumferential orientation”).
For Claim 15, Berge as modified above teaches the submersible fish rearing tank of claim 12, and Berge further discloses wherein for each of the two tubular inlet water supply columns, the nozzles (associated 131) adapted to provide water into the submersible fish rearing tank are directed with a tangential component inside the submersible fish rearing tank to generate a circular or spiral shaped waterflow inside the submersible fish rearing tank in a direction from an inner wall of the submersible fish rearing tank and towards the water discharge column (¶0054: “openings 131 on one and the same side of one of the inlet pipes 13, suitable for adding new water and at the same time setting the water in the tank in rotation” in view of ¶0065: “More typically more than one of the inlet pipes (13) are provided with such nozzles (131) all of the nozzles having a common circumferential orientation”)..
For Claim 16, Berge as modified above teaches the submersible fish rearing tank of claim 4, and Berge further discloses wherein for each of the first and second inlet water supply columns, the nozzles (associated 131) adapted to provide water into the submersible fish rearing tank are directed with a tangential component inside the submersible fish rearing tank to generate a circular or spiral shaped waterflow inside the submersible fish rearing tank in a direction from an inner wall of the submersible fish rearing tank and towards the water discharge column (¶0054: “openings 131 on one and the same side of one of the inlet pipes 13, suitable for adding new water and at the same time setting the water in the tank in rotation” in view of ¶0065: “More typically more than one of the inlet pipes (13) are provided with such nozzles (131) all of the nozzles having a common circumferential orientation”)..
For Claims 17 & 18, Berge as modified above teaches the submersible fish rearing tank of claims 2 & 4, and Berge further discloses further including an air inlet element (through which the “compressor or blower” articulates, ¶0070).
Berge is silent to the air inlet being at a lower part of the submersible fish rearing tank.
It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to provide the air inlet of Berge at the bottom of the tank, in order to utilize the pumps to actively circulate the air through the water which has been drawn in, and since the Examiner takes Official Notice that inputting air (or otherwise aerating the water source) for homogenous delivery of air throughout the tank is exceedingly well known in the art.
For Claims 19 & 20, Berge as modified above teaches the submersible fish rearing tank of claims 2 & 4, and Berge further discloses wherein the water discharge column further includes at least one inner tube (pipe 46) extending along the water discharge column from the lower support plate to the utility transition element (47 is located in the personnel space, ¶0057-63).
Claims 10 & 11 are rejected under 35 U.S.C. 103 as being unpatentable over Berge in view of Takeshi and further in view of Nelson (US 6223689 B1).
For Claim 10, Berge discloses the submersible fish rearing tank of claim 1, and Berge further discloses “[t]ank is typically designed to fit into standard frame moorings used for traditional open fish cages,” ¶0020.
Berge is silent to the particulars of the “standard frame moorings,” and thus is silent to further including a ballast and an adjustable buoyancy element to orient and maintain the buoyancy of the submersible fish rearing tank.
Nelson, like prior art above, teaches a buoyant marine culturing device (title, disclosure) further including a ballast and an adjustable buoyancy element to orient and maintain the buoyancy of the submersible fish rearing tank (Col. 5, lines 26-58).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the standard frame moorings as discussed by Berge with adjustable ballasts as taught by Nelson, in order to provide more control over the depth, and thus, overall health, of the enclosed animals.
For Claim 11, Berge discloses a method of operating a submersible fish rearing tank, wherein the submersible fish rearing tank includes
an exterior enclosure (12) forming a closed fish habitat ¶0038;
a utility transition element (the collar extending around one of elements 13) providing a transition for at least one of a water inlet, a water outlet, a gas outlet, an air inlet, and connections for instrumentation, the utility transition element being fixed to the exterior enclosure (Fig. 2);
a first water pump unit (16, ¶0041) adapted to pump water into the submersible fish rearing tank to provide a pressure inside the submersible fish rearing tank that exceeds a pressure acting on an outside of the submersible fish rearing tank (the pump is capable of moving water into the enclosed system, and thus is capable of providing a higher pressure inside the tank); and
a water discharge column (14) having a water discharge column outlet at a lower end of the water discharge column (as seen in Fig. 1, the arrow pointing from 14), through which internal water is discharged ¶0038,
the method comprising:
controlling the flow restriction or throttle in coordination with the first water pump unit to maintain one of a substantially constant pressure and a constant flow inside the submersible fish rearing tank while changing one of a waterflow through the first water pump unit and the flow restriction or throttle (the goal of the device of Berge is to maintain the pressure of the device at pressurized levels which fish are healthy, thus, the provision of water through the valve of the pump 16, resulting in water flowing through the restrictor in the pump, would be in order to maintain pressure within the device, as briefly discussed in ¶0041 in light of the entire disclosure).
Berge is silent to wherein the exterior enclosure is made of a flexible material,
the water discharge column outlet including a flow restriction or throttle which restricts an outlet flow of the internal water and thereby builds hydrodynamic pressure within the submersible fish rearing tank so as to keep the flexible exterior enclosure inflated and stretched out so as to maximize an internal volume and maintain rigidity of the exterior enclosure, wherein the submersible fish rearing tank is configured to maintain a pressure inside the submersible fish rearing tank that exceeds the pressure acting on the outside of the submersible fish rearing tank.
Berge is additionally silent to the particulars of the “standard frame moorings,” and thus is silent to further including a ballast and an adjustable buoyancy element configured to orient and maintain the buoyancy of the submersible fish rearing tank.
However, Berge teaches: “FIG. 1 furthermore shows a pump 16 with a valve function which can be used for opening and closing for supply of water, that being fresh water or saline water, preferably one in each inlet pipe 13,” ¶0041.
It would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the discharge pipe 14 to further comprise a valve as taught by Berge, ¶0041, in order to provide further control over the internal environment of the tank Takeshi, like prior art above, teaches a buoyant marine cultivation device (title, disclosure), further comprising exterior enclosure is made of a flexible material (“a base fabric made of high-strength and high-elasticity fiber such as polyvinyl chloride fiber,” page 10 of the appended WO 9312651 A1).
Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to modify the material of the liquid tight cage of Berge with PVC fiber as taught by Takeshi, in order to provide a material resistant to the weather (as acknowledged by Takeshi, page 10), yielding predictable results.
The above-modified reference further renders obvious the water discharge column outlet including a flow restriction or throttle which restricts an outlet flow of the internal water and thereby builds hydrodynamic pressure within the submersible fish rearing tank so as to keep the flexible exterior enclosure inflated and stretched out so as to maximize an internal volume and maintain rigidity of the exterior enclosure, wherein the submersible fish rearing tank is configured to maintain a pressure inside the submersible fish rearing tank that exceeds the pressure acting on the outside of the submersible fish rearing tank (in the above-modified reference, the closed system of Berge is further enforced by an additional valve taught by Berge, would inflate the flexible envelope of Takeshi).
If it is found that Berge does not explicitly or implicitly state “controlling the flow restriction or throttle in coordination with the first water pump unit to maintain one of a substantially constant pressure and a constant flow inside the submersible fish rearing tank while changing one of a waterflow through the first water pump unit and the flow restriction or throttle,” then, operating the outflow and inflow at a consistent rate in order to avoid major oxygenation and/or pressure changes to contained fish, is considered both:
“(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
“(E) ‘Obvious to try’ – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;” MPEP § 2143(I)(D-E). As noted above, even minor fluctuations in environmental conditions can kill large quantities of fish; thus, it is advantageous to avoid such fluctuations.
Response to Arguments
Applicant's arguments filed 5 December 2025 have been fully considered but they are not persuasive.
RE Applicant argument “Further, Berge does not disclose a first water pump unit adapted to pump water into the submersible fish rearing tank to provide a pressure inside the submersible fish rearing tank that exceeds a pressure acting on an outside of the submersible fish rearing tank, as required by claim 1. Rather, Berge discloses that air from a compressor is used to create the overpressure or underpressure as indicated in paragraph [0025].” The Examiner respectfully disagrees, ¶0041: “FIG. 1 furthermore shows a pump 16 with a valve function which can be used for opening and closing for supply of water, that being fresh water or saline water, preferably one in each inlet pipe 13.” The water pumps of the outstanding Office Action has been misinterpreted.
Applicant’s remaining arguments with respect to present claims 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
The cited prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Special attention is drawn to the disclosures of US 3653358 A, WO 2017030445 A1, NO 20160358 A1, KR 20170109755 A, CN 111411620 A, US 20210360905 A1 as disclosing an invention or aspects of the invention which are similar to those claimed and/or disclosed in the instant invention. The remaining references cited establish the state of the art.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Morgan T. Jordan whose telephone number is (571)272-8141. The examiner can normally be reached M-Th 8:30-5:30.
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/MORGAN T JORDAN/Primary Examiner, Art Unit 3643
1 Interpretation note: “providing a transition for” amounts to the intended use of the utility transition element. The only positive structural requirement is for an opening which is closeable and fixed to the exterior.
2 Interpretation note: by compounding functional phrases, the intended result triggered by “thereby” of “builds hydrodynamic pressure” which further causes “the flexible exterior enclosure inflated and stretched out...maintain rigidity” naturally flows from the intended use of the system.