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 . 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 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.
Response to Amendment / Arguments
The response and amendments, filed 09/05/2025, has been entered. Claims 1-14 are pending upon entry of this Amendment. Applicant’s amendments/arguments overcome the rejections in previous action. Applicant’s arguments regarding the prior art rejections of claims have been fully considered but are moot as amendments necessitated new ground of rejection in view of new art : PENG CN 213427878 U.
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 1-7 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Liu, US20220136940A1 in view of PENG, CN 213427878 U.
Claim 1
Liu teaches:
An autonomous biomonitoring system for organisms in a lotic ecosystem (e.g., Abstract and ¶0002: automatically collect fluid samples from a surrounding open water environment such as oceans, although Liu does not explicitly cite lotic ecosystem but this is intended use in preamble and Liu’s autonomous biomonitoring system to collect fluid samples from a surrounding open water environment can be used in a lotic ecosystem), comprising:
a collector (fig.1 collection module 110) configured to collect an aqueous mixture having aquatic organisms (e.g., ¶0073: sample water that flows into the collection module from an environmental input);
a pump (102) coupled to the collector and configured to flow the aqueous mixture in the system downstream of the collector (110);
an analyzer (130) coupled to the pump (102) and configured to allow the pump (102) to flow the aqueous mixture through the analyzer (130) and sense the aquatic organisms flowing in the aqueous mixture (e.g., ¶0085¶0093 fig.4a) through the analyzer (130) and allow discharge of the aqueous mixture from the analyzer (¶0085);
a processor (133) coupled to the analyzer (130) and configured to recognize and classify the aquatic organisms (¶0057¶0062) from input received from the analyzer (130);
at least one of a data storage device (storage associated to the processor for database of properties stored ¶0101) to store data received from the processor (133); and
a transmission system to send data received from the processor (133) to a remote location (e.g., ¶0031¶0101).
Liu does not specifically teach: a collector configured to contact a lotic ecosystem substrate and organisms comprising benthic macroinvertebrates.
In the similar field of endeavor, PENG teaches a collector (portion 1 in e.g., figs.2-3 and also figs. 4-7) configured contact a lotic ecosystem (e.g., ¶0002, invention is for Benthic organisms aquatic ecosystems in lakes, rivers which are lotic ecosystem) substrate (e.g., ¶0006¶0012¶0034¶0036 mud bottom or sediment surface) and organisms comprising benthic organisms (e.g., ¶0036).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use PENG‘s collector for Liu‘s system and the modified Liu’s collector configured to contact a lotic ecosystem substrate and organisms comprising benthic organisms . One of ordinary skill in the art knows environmental monitoring of natural water bodies such as lakes and rivers, benthic organisms are one of the important monitoring indicators that reflect changes in water quality and benthic organisms become ideal natural detectors that can be used to evaluate water quality and monitor pollution (e.g., PENG ¶0002) would have been motivated to make this modification in order to monitoring pollution of water bodies (PENG ¶0002).
The combination does not specifically teach benthic organisms are benthic macroinvertebrates. Nonetheless, the skilled artisan would know too that benthic organisms in rivers and lotic ecosystems could include macroinvertebrates1 and there is no indication PENG’s collector does not have the same function if organisms are specifically macroinvertebrates, in fact, PENG explicitly teaches stirring and moving the sands for the benthic organisms that may be attached and under the heavy sands that are not moved or catch by nets(e.g., ¶0005 of PENG). The specific claimed macroinvertebrates, absent any criticality, is only considered to be one of the organisms disclosed by PENG that a person having ordinary skill in the art would have been able to determine based, among other things, on the specific organism in the ecosystem, etc., and neither non-obvious nor unexpected results, i.e. results which are different in kind and not in degree from the results of PENG, will be obtained as long as the macroinvertebrates are in lotic ecosystem, as already suggested by PENG. Since the applicant has not established the criticality (see next paragraph) of the macroinvertebrates stated and since these macroinvertebrates are common in similar ecosystems in the art, and PENG’s collector is designed to address the issue of finding the organisms attached hidden under heavy sands, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to use the device of Liu combined with PENG to collect these macroinvertebrates. Please note that the specification contains no disclosure of either the critical nature of the claimed macroinvertebrates or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen limitation upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim 2
Liu in view of PENG teaches the system of claim 1, PENG further teaches wherein the collector (1) is configured to disturb sediment on the lotic ecosystem substrate to collect the benthic macroinvertebrates (e.g., ¶0005¶0036).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use PENG‘s collector for the modified Liu‘s collector wherein the collector is configured to disturb sediment on the lotic ecosystem substrate to collect the benthic macroinvertebrates as taught by PENG. One of ordinary skill in the art have been motivated to make this modification in order to stir bottom mud and sands to obtain benthic organisms (e.g.,¶0005 PENG).
Claim 3
Liu in view of PENG teaches the system of claim 1, wherein the analyzer comprises an optical sensor (402 e.g., ¶0095¶0096¶0025) configured to view the aquatic organisms flowing in the aqueous mixture and provide the input to the processor (133).
Claim 4
Liu in view of PENG teaches the system of claim 1, wherein the pump 102 is a suction pump disposed downstream of the collector 110 and an output of the pump flows the aqueous mixture from the collector 110 to the analyzer 130.
Claim 5
Liu in view of PENG teaches the system of claim 1, further comprising a staging tank (120,122) disposed between the collector 110 and the analyzer 130 configured to receive of the pump output (from 102) prior to (e.g., fig.1)the analyzer 130 and buffer an aqueous mixture flow into the analyzer 130.
Claim 6
Liu in view of PENG teaches the system of claim 1, further comprising a power supply (105) configured to supply power to at least one of the analyzer 130 and the processor 133.
Claim 7
Liu in view of PENG teaches the system of claim 1,wherein the collector 110 comprises a tube having at least one open end configured to be placed into a substrate of a lotic ecosystem, an side inlet 101, and Liu teaches a side outlet 104, the side outlet 104 being coupled to a sieve 120 configured to allow water to flow through the sieve 122 and restrict passage of the aquatic organisms through the sieve (111).
Liu does not specifically disclose configured to be placed into the lotic ecosystem substrate, a side inlet, and a side outlet, the side outlet being coupled to a sieve configured to allow water to flow through the sieve and restrict passage of the aquatic organisms through the sieve.
PENG teaches in figs. 2-3 the collector 1 comprises a tube 11 having at least one open end side (bottom side 11 on the sediment e.g., ¶0036 ) configured to be placed into the lotic ecosystem substrate (e.g., ¶0036), a side inlet (not labeled side of 11 but opposite 22), and a side outlet (not labeled but side to 22), the side outlet (not labeled but side toward 22) being coupled to a sieve (21/22: e.g.,¶0031) configured to allow water to flow through the sieve (21/22) and restrict (function met by 21/22) passage of the aquatic organisms through the sieve (21/22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use PENG‘s collector and sieve for the modified Liu‘s collector and sieve. One of ordinary skill in the art would have been motivated to make this modification in order to provide a collector able for monitoring benthic organisms (e.g.,¶0005 PENG). Furthermore, based on MPEP 2143 (B), courts have ruled that Simple substitution of one known element (PENG’s collector) for another (Liu’s collector) to obtain predictable results (monitoring benthic organisms) is within the purview of a skilled artisan. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421,82 USPQ2d 1385, 1395-97 (2007).
Claim 11
Liu in view of PENG teaches the system of claim 1, further comprising at least one of a filter 604 and a separator 602 (e.g., ¶0121¶0123) configured to reduce material other than water and aquatic organisms from the aqueous mixture (function met by filter and separator of Liu). Also Liu teaches mesh screen filter 111 and separator 122.
Claim 12
Liu teaches:
An autonomous biomonitoring system for organisms in lotic ecosystems (e.g., Abstract and ¶0002: automatically collect fluid samples from a surrounding open water environment such as oceans, although Liu does not explicitly cite lotic ecosystem but this is intended use in preamble and Liu’s autonomous biomonitoring system can be used in a lotic ecosystem), comprising:
a collector configured to collect an aqueous mixture having aquatic organisms (function met by filters of Liu) as a largest cross sectional dimension (e.g., ¶0073: sample water that flows into the collection module from an environmental input));
a pump (102) coupled to the collector and configured to flow the aqueous mixture in the system downstream of the collector (110);
an analyzer (130) coupled to the pump (102) and configured to allow the pump (102) to flow the aqueous mixture through the analyzer (130) and sense the aquatic organisms flowing in the aqueous mixture (e.g., ¶0085¶0093 fig.4a) through the analyzer (130) and allow discharge of the aqueous mixture from the analyzer (¶0085);
a processor (133) coupled to the analyzer (130) and configured to recognize and classify the aquatic organisms (¶0057¶0062) from input received from the analyzer (130);
at least one of a data storage device (storage associated to the processor for database of properties stored ¶0101) to store data received from the processor (133); and
a transmission system to send data received from the processor (133) to a remote location (e.g., ¶0031¶0101).
Liu does not specifically teach: having benthic aquatic organisms from a lotic ecosystem substrate from 1 to 50 mm in size as a largest cross sectional dimension.
In the similar field of endeavor, PENG teaches a collector (portion 1 in e.g., figs.2-3 and also figs. 4-7) configured to collect aqueous mixture having benthic organisms lotic ecosystem (e.g., ¶0002, invention is for Benthic organisms aquatic ecosystems in lakes, rivers which are lotic ecosystem) substrate (e.g., bottom mud, sand and etc. ¶0006¶0012¶0034¶0036).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use PENG‘s collector for Liu‘s system and the modified Liu’s collector configured to collect an aqueous mixture having benthic aquatic organisms from a lotic ecosystem substrate. One of ordinary skill in the art knows environmental monitoring of natural water bodies such as lakes and rivers, benthic organisms are one of the important monitoring indicators that reflect changes in water quality and benthic organisms become ideal natural detectors that can be used to evaluate water quality and monitor pollution (e.g., PENG ¶0002) would have been motivated to make this modification in order to monitoring pollution of water bodies (PENG ¶0002).
Although the modified Liu does not explicitly teach from 1 to 50 mm in size for filter particles, nonetheless, the skilled artisan would know too that size of particles would affect choice of filters.
The specific claimed range size of 1 to 50 mm, absent any criticality, is only considered to be the “optimum” filter size depends on the particles in water disclosed by the modified Liu with PENG’s collector that a person having ordinary skill in the art would have been able to determine using routine experimentation (see In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)) based, among other things, on the desired size, manufacturing costs, etc. (see In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)), and neither non-obvious nor unexpected results, i.e. results which are different in kind and not in degree from the results of the prior art, will be obtained as long as the filters or separator is used, as already suggested by the modified Liu with PENG. Since the applicant has not established the criticality of the range stated and since these ranges are in common use in similar devices in the art, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to use these values in the device of the modified Liu with PENG.
Claims 8-9 rejected under 35 U.S.C. 103 as being unpatentable over in view of Liu, US20220136940A1, further in view OF PENG, CN 213427878 U AND ZHANG2 , CN 112394186 A.
Claim 8
Liu in view of PENG teaches the system of claim 1, but does not specifically wherein the collector comprises a robot configured to move based on instructions to different locations of the lotic ecosystem substrate, wherein the instructions comprise at least one of preprogrammed instructions and instructions transmitted from a remote location.
PNG
media_image1.png
580
1022
media_image1.png
Greyscale
In the similar field of endeavor, ZHANG teaches robotic (unmanned ship) monitoring system for water quality and pollution detection and (sampling detection device for water quality detection, capable of realizing continuous sampling detection, at the same time, avoiding front and back water sample interference, improving detection precision) and collector (sampling module including 20 and unmanned ship 10) comprises a robot (unmanned boat 10) configured to move based on instructions (control sampling module and the detection module 30 sampling detection frequency and sampling detection period; the data processing module receives the detection data and the GPS (System coordinates (GPS e.g., ¶0034) coordinate data and combines the satellite map data to graphically process the detection data and then sends the processed data to the human-computer interaction module; the human-computer interaction module is used for displaying the pattern data of the water quality parameter and for inputting the unmanned ship 10 control instruction and the sampling detection control instruction) to different locations (e.g., Example 2: preset travel changing sample pool 20) of a substrate of the lotic ecosystem (water sample of target water area 20), wherein the instructions comprise at least one of preprogrammed instructions and instructions transmitted from a remote location (fig.10 below3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use ZHANG‘s robot for the modified Liu‘s collector wherein the modified Liu’s collector comprises a robot configured to move based on instructions to different locations of the modified Liu’s lotic ecosystem substrate, wherein the instructions comprise at least one of preprogrammed instructions and instructions transmitted from a remote locations taught by ZHANG. One of ordinary skill in the art knows the benefits or robots and would have been motivated to make this modification in order to increased efficiency and productivity, enhanced safety by performing dangerous tasks, improved quality and consistency through precise execution, cost reduction from reduced labor and waste, and flexibility to handle complex or repetitive jobs in various industries. Furthermore, Examiner notes that regarding automating a manual activity, the courts have held that broadly providing an automatic means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. See MPEP 2144.04 III (“Automating A Manual Activity”). also, based on MPEP 2114.IV, broadly claiming an automated means to replace a manual function to accomplish the same result does not distinguish over the prior art. See Leapfrog Enters., Inc. v. Fisher-Price, Inc., 485 F.3d 1157, 1161, 82 USPQ2d 1687, 1691 (Fed. Cir. 2007).
Claim 9
Liu in view of PENG and ZHANG teaches the system of claim 8, Liu further teaches wherein the locations are based on Global Positioning System coordinates (GPS e.g., ¶0037¶0098).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Liu, US20220136940A1, further in view of PENG, CN 213427878 U and Chattopadhyay, US 20130306555 A1.
Claim 10
Liu in view of PENG teaches the system of claim 1, Liu further teaches comprising a water analyzer 130 but does not specifically teach quality sonde configured to sense water quality of the aqueous mixture.
In the similar field of endeavor, Chattopadhyay teaches a method for remediating pollutants in aqueous (¶0002), comprising a water quality sonde configured to sense water quality of the aqueous mixture (¶0085). And based on MPEP 2143 (B), courts have ruled that Simple substitution of one known element for another to obtain predictable results is within the purview of a skilled artisan. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421,82 USPQ2d 1385, 1395-97 (2007).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Liu, US20220136940A1 in view of PENG, CN 213427878 U and WANG,CN 103487288 A.
Claim 13
Liu in view of PENG teaches the system of claim 1, the combination does not teach wherein the collector comprises a robot, the robot comprising a suction system configured to receive a sampling portion of the lotic ecosystem substrate with aquatic organisms.
However, In the similar field of endeavor, WANG teaches a collector comprises a robot (¶0030, collector for collecting large biological sample shown in fig.1 with port 7, via tube 5 fixed on manipulator of a robot) , the robot comprising a suction system (suction pipe 3, e.g., 0028) configured to receive a sampling portion of the ecosystem with aquatic organisms (e.g., biological samples in water e.g., in ¶0014 therefore the WANG’s sampler is capable to do this function). Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use WANG‘s robot for the modified Liu‘s sampler configured to receive a sampling portion of the modified Liu’s lotic ecosystem substrate with aquatic organisms . One of ordinary skill in the art would have been motivated to make this modification in order to control the working state of the sampler through a cable and the mother ship (e.g., WANG ¶0030).
Claim 14
Liu in view of PENG teaches the system of claim 12, the combination does not teach wherein the collector comprises a robot configured to move based on instructions to different locations of the lotic ecosystem substrate, the robot comprising a suction system configured to receive a sampling portion of the lotic ecosystem substrate with aquatic organisms.
However, In the similar field of endeavor, WANG teaches a collector comprises a robot (¶0030, collector for collecting large biological sample shown in fig.1 with port 7, via tube 5 fixed on manipulator of a robot) wherein the collector comprises a robot configured to move based on instructions to different locations (e.g., ¶0030 : controller based on predetermined sampling loading and camera observation condition move to target position, and at an appropriate position command, put the system and pump 10 in a sampling state) of the underwater ecosystem (e.g., biological samples in underwater e.g., in ¶0014 therefore the WANG’s sampler is capable to do this function), the robot comprising a suction system (pump 10 ¶0028) configured to receive a sampling portion of the underwater ecosystem with aquatic organisms (e.g., ¶0014). Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use WANG‘s robot for the modified Liu‘s sampler wherein the modified Liu’s collector comprises a robot configured to move based on instructions to different locations of the modified Liu’s lotic ecosystem substrate, the modified Liu’s robot comprising a suction system configured to receive a sampling portion of the lotic ecosystem substrate with aquatic organisms. One of ordinary skill in the art would have been motivated to make this modification in order to control the working state of the sampler through a cable and the mother ship (e.g., WANG ¶0030).
Conclusion
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 Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855
1 See for example: Chaumot, US 20200150104 A1
2 Prior art of record
3 See reproduced drawing and translated version of the reproduced drawing by office for citation
Prosecution Insights