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 .
This is a response to Applicant's amendment filed on May 01, 2026.
Status of Claims
Claims 1, 3, 19 and 20 have been amended. Claims 2 and 4 have been cancelled. No new claim has been added. Claims 1, 3 and 5-20 are pending. Claims 1, 3 and 5-20 are examined herein.
Response to Arguments
Applicant's Remarks/Arguments and Amendments to Claims both filed 05/01/2026 have been fully considered.
It is noted that claim 1, an independent claim from which dependent claims ultimately depend, has been amended to recite “a waste collection device coupled to the floating device, wherein the waste collection device comprises a fluid ejection element, the fluid ejection element is a bent tube including a first section and a second section connected to the first section, an angle between the first section and the second section is in a range from 70 degrees to 110 degrees, and flow out of the fluid ejection element flows toward a space where waste is collected” in the context of a waste collection apparatus for collecting waste in water as claimed. Claim 19, an independent claim from which dependent claim(s) ultimately depend, has been amended to recite “wherein the floating device further comprises a frame and a reinforcement frame having substantially the same grid structure to connect the floating units to each other” in the context of a waste collection apparatus for collecting waste in water as claimed.
Applicant argues that: the claim 1 and its dependent claims are not anticipated nor prima facie obvious over cited prior art(s), Zhang (CN 114753335 A), this is because the cited prior art does not teach or suggest the amended features of “a waste collection device coupled to the floating device, wherein the waste collection device comprises a fluid ejection element, the fluid ejection element is a bent tube including a first section and a second section connected to the first section, an angle between the first section and the second section is in a range from 70 degrees to 110 degrees, and flow out of the fluid ejection element flows toward a space where waste is collected” in the context of a waste collection apparatus for collecting waste in water as claimed.
Applicant argues that: the claim 19 and its dependent claims are not anticipated nor prima facie obvious over cited prior art(s), Zhang (CN 114753335 A), this is because the cited prior art does not teach or suggest the amended features of “wherein the floating device further comprises a frame and a reinforcement frame having substantially the same grid structure to connect the floating units to each other” in the context of a waste collection apparatus for collecting waste in water as claimed. See Remarks, pages 14-15.
In response, the applicants’ arguments direct a newly amended claim limitation which is a new issue. Therefore, the arguments are considered moot. Applicant's amendment necessitated a modified/new ground(s) of rejection presented in this Office action.
Upon further consideration and search, a modified/new ground of rejections to claims 1, 3 and 5-20 are presented in the instant Office action.
MODIFIED REJECTIONS
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 5-9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 114753335 A, please refer to the attached English translation document, hereinafter “Zhang”).
In regard to claims 1 and 3, Zhang discloses a floating waste collection apparatus for collecting waste in water (page 1, Abstract), comprising (Fig. 1 and Fig. 2 of the original Chinese document, descriptions about detailed description of Fig. 1 and Fig. 2 in page 3):
(i) a floating device (14, Fig. 1); and
(ii) a waste collection device coupled to the floating device (waste collection apparatus located inside a shell barrel body (1, Fig. 1), wherein the waste collection device comprises a fluid ejection element (a water pump 2, Fig. 1; a pipe (i.e., a tube element used to convey a substance) to deliver waste and water mixture to filter screen 4-1, Fig. 1; a collecting net bag 7, Fig. 1; a drainpipe 20, Fig. 1).
The operating mechanism is when the water level of the drainage is lower than that of the inner floating ring, the inner barrel loses the buoyancy and sinks on the water surface by self-weight and can absorb the water surface garbage by utilizing the energy of water flow backflow and filter and store the garbage (page 2). This directs the mixture of waste and water flow out of the fluid ejection element flows toward a space where waste (7, Fig. 1) is collected as recited.
Regarding the recitation “a fluid ejection element, the fluid ejection element is a bent tube including a first section and a second section connected to the first section”, Zhang discloses the waste collection device comprises a fluid ejection element which is a combined subcomponents of: a water pump 2, Fig. 1; a pipe to deliver waste and water mixture to filter screen 4-1, Fig. 1; a collecting net bag 7, Fig. 1; a drainpipe 20, Fig. 1.
Since (i) the water is transported from the surface of a water body to the drainpipe (upward direction followed by downward direction) and fluid ejection element comprises a pipe or a tube (i.e., a tube element used to convey a substance), and (ii) one skilled in the art would have reasonably expected that there is a location that connects the pipe (a first section) and the drainpipe (the second section), the drainpipe location where angle between the pipe and the drainpipe is about 90 degrees, the teachings render the recitations of “a fluid ejection element, the fluid ejection element is a bent tube including a first section and a second section connected to the first section” and “an angle between the first section and the second section is in a range from 70 degrees to 110 degrees” prima facie obvious.
The examiner designates the cross section of the pipe to deliver waste and water mixture to filter screen as “a first section” and the cross section of the drainpipe to drain water to the water body as “a second section”. Choosing the cross section of the pipe to deliver waste and water mixture to filter screen as “a first section”, and the cross section of the drainpipe to drain water to the water body as “a second section” is considered prima facie obvious because this simply involves selecting a known portion of pipe elements in a floating waste collection apparatus.
In regard to claims 5-9, Zhang discloses the waste collection device comprises a fluid ejection element which is a combined subcomponents of: a water pump 2, Fig. 1; a pipe to deliver waste and water mixture to filter screen 4-1, Fig. 1; a collecting net bag 7, Fig. 1; a drainpipe 20, Fig. 1. Zhang discloses the collection net bag (7, Fig. 1) installed/fixed by a net bag flange (7-1, Fig. 1) and a net bag lifting ring (7-2, Fig. 1) all are installed inside an inner barrel (4, Fig. 1) that comprises a filter screen frame (4-1, Fig. 1), an inner barrel lower flange (4-2. Fig. 1), an inner floating ring (4-3, Fig. 1) and an inner barrel upper flange (4-4, Fig. 1) (page 3; Fig. 1). The collection net bag (7, Fig. 1) shows an opening which meets the recitation of claim 5.
But Zhang does not explicitly disclose specific embodiments of the waste collection device recited in claims 6-9.
However, it is reasonably interpreted that the specific embodiments recited in claims 6-9 are considered as the waste collection device that any person skilled in the art is enabled to make and use by modifying the teachings of Zhang as set forth above.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the floating waste collection apparatus for collecting waste in water as taught by Zhang: (1) the waste collection device comprises a fluid ejection element which is a combined subcomponents of: a water pump 2, Fig. 1; a pipe to deliver waste and water mixture to filter screen 4-1, Fig. 1; a collecting net bag 7, Fig. 1; a drainpipe 20, Fig. 1; and (2) the collection net bag (7, Fig. 1) installed/fixed by a net bag flange (7-1, Fig. 1) and a net bag lifting ring (7-2, Fig. 1) all are installed inside an inner barrel (4, Fig. 1) that comprises a filter screen frame (4-1, Fig. 1), an inner barrel lower flange (4-2. Fig. 1), an inner floating ring (4-3, Fig. 1) and an inner barrel upper flange (4-4, Fig. 1) (page 3; Fig. 1), wherein the collection net bag (7, Fig. 1) shows an opening.
A prima facie case of obviousness may be rebutted, however, where the results of the claimed methods are unexpectedly good or criticality of using the claimed embodiments can be shown.
In regard to claim 18, Zhang discloses the waste collection device as set forth above in discussion of claim 1. Zhang discloses an anchor (23, Fig. 1) that meets the recited “an underwater device coupled to and under the waste collection apparatus”.
Claims 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, as applied to claim 1 above, and further in view of Xiong et al. (CN 112722172, please refer to the attached English document, hereinafter “Xiong”).
In regard to claims 10-12, Zhang discloses the collection net bag (7, Fig. 1) installed/fixed by a net bag flange (7-1, Fig. 1) and a net bag lifting ring (7-2, Fig. 1) all are installed inside an inner barrel (4, Fig. 1) that comprises a filter screen frame (4-1, Fig. 1), an inner barrel lower flange (4-2. Fig. 1), an inner floating ring (4-3, Fig. 1) and an inner barrel upper flange (4-4, Fig. 1) (page 3; Fig. 1), wherein the collection net bag (7, Fig. 1) shows an opening.
But Zhang does not explicitly disclose the waste collection device further comprises a handling unit and a waste container or a waste bag coupled to the handling unit, and the waste container or the waste bag is moved by the handling unit, wherein the handling unit comprises a lifting fence, and wherein the handling unit comprises a motor and a handling assembly connected to a rotary shaft of the motor (claims 10-12).
However, Xiong discloses a hybrid water surface garbage cleaning device and a control method thereof. The device comprises: a cleaning unit for collecting and processing a mixture of solid garbage and wet garbage on the water surface; a driving unit, used to drive the cleaning unit; the power unit is used to provide power for the drive unit; the control unit is used to receive the control terminal signal to control the drive unit; the power unit includes: a wind power generation device and a solar power generation device; both the wind power generation device and the solar power generating device are installed on the cleaning unit and are electrically connected with the driving unit and the control unit respectively (page 1, Abstract; Figs. 2-8 of the original Chinese document). Xiong discloses the waste collection device comprises (Figs. 2-8 of the original Chinese document; pages 5-6) a handling unit (a combined features of: a conveyor belt 2, a rotary drag head 3, a transmission (conveying) chain 2.1, connecting rollers 2.2, screen 2.3, baffles 2.4, and a transmission rolling row 4) and a waste container or a waste bag (a solid garbage recycling box 5 and a wet garbage recycling box 6 arranged inside the ship body 1; a harrow suction head 7, a transition conduit 8, a connecting conduit, a centrifuge 10, Fig. 8) coupled to the handling unit, wherein the handling unit comprises a motor and a handling assembly connected to a rotary shaft of the motor. The waste container or a waste bag is emptied by sensing device that monitor the weight of the solid garbage recycling box 5 and the wet garbage recycling box (page 6).
It is noted that both the Zhang and Xiong references direct a floating waste collection apparatus for collecting waste in water.
Therefore, before the effective filing date of the claimed invention, it would have been prima facie obvious to one of ordinary skill in the art to modify the apparatus of Zhang, in view of Xiong, to provide the features of “the waste collection device further comprises a handling unit and a waste container or a waste bag coupled to the handling unit, and the waste container or the waste bag is moved by the handling unit, wherein the handling unit comprises a lifting fence, and wherein the handling unit comprises a motor and a handling assembly connected to a rotary shaft of the motor as recited in claims 10-12”, because the recited features of handling unit comprises a motor and a handling assembly connected to a rotary shaft, and a waste container or a waste bag coupled to the handling unit, and the waste container or the waste bag is moved by the handling unit, in the context of a floating waste collection apparatus for collecting waste in water is a known, effective features as suggested by Xiong (Figs. 2-8 of the original Chinese document; pages 5-6), and (2) this involves application of a known technique to improve a known floating waste collection apparatus for collecting waste in water to yield predictable results.
In regard to claims 13 and 14, Xiong discloses the waste collection device further comprises an entrance unit with a plurality of blades (3.1), and flow paths are formed between the blades (which is considered natural consequence resulted from rotating the blades 3.1 on both sides), the blades (3.1) are rotatable around a rotary axis (3.2), and a flow direction of water is different from the rotary axis (the flow direction of water is horizontal while the rotary axis is a vertical direction).
In regard to claims 15 and 16, Xiong discloses the waste collection device further comprises a bin (a centrifuge 10, Fig. 8), and the flow out of the fluid ejection element flows toward an interior of the bin (Fig. 8; page 5). Xiong discloses the waste collection device further comprises a rail (a conveyor belt 2, Fig. 2 meets the recited rail), and the fluid ejection element that comprises the rail moves smoothly.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang, as applied to claim 1 above, and further in view of Lee (KR 102257043, please refer to the attached English document, hereinafter “Lee”).
In regard to claim 17, Zhang does not explicitly disclose the floating device includes a base structure and two hulls connected to the base structure, and continuous walls of the two hulls are tapered.
However, Lee discloses a waste collection apparatus for collecting waste (Fig. 4, 999) in water, comprising: a floating device (130) including a plurality of floating units (125, 120); and a waste collection device (110) coupled to the floating device, wherein each of the floating units includes a base (120) and a pillar (125) connected to the base. Since the waste collection apparatus comprises floating vessels, the presence of tapered continuous walls of the two hulls is considered obvious.
It is noted that both the Zhang and Lee references direct a floating waste collection apparatus for collecting waste in water.
Therefore, before the effective filing date of the claimed invention, it would have been prima facie obvious to one of ordinary skill in the art to modify the apparatus of Zhang, in view of Lee, to provide the features of “the floating device includes a base structure and two hulls connected to the base structure, and continuous walls of the two hulls are tapered”, because (1) the recited features of floating device includes a base structure and two hulls connected to the base structure, and the presence of tapered continuous walls of the two hulls is a known, effective features as suggested by Lee (Fig. 4, 999), and (2) this involves application of a known technique to improve a known floating waste collection apparatus for collecting waste in water to yield predictable results.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, in view of Xiong et al. (CN 112722172 A) and Lee (KR 102257043).
In regard to claim 19, Zhang discloses a floating waste collection apparatus for collecting waste in water (page 1, Abstract), comprising (Fig. 1 and Fig. 2 of the original Chinese document, descriptions about detailed description of Fig. 1 and Fig. 2 in page 3):
(i) a floating device including a plurality of floating units (there are three floating blocks 14, Fig. 1); and
(ii) a waste collection device coupled to the floating device (waste collection apparatus located inside a shell barrel body (1, Fig. 1), wherein the waste collection device comprises a fluid ejection element (a water pump 2, Fig. 1; a pipe (i.e., a tube element used to convey a substance) to deliver waste and water mixture to filter screen 4-1, Fig. 1; a collecting net bag 7, Fig. 1; a drainpipe 20, Fig. 1). The operating mechanism is when the water level of the drainage is lower than that of the inner floating ring, the inner barrel loses the buoyancy and sinks on the water surface by self-weight and can absorb the water surface garbage by utilizing the energy of water flow backflow and filter and store the garbage (page 2). This directs the mixture of waste and water flow out of the fluid ejection element flows toward a space where waste (7, Fig. 1) is collected.
But Zhang does not explicitly disclose the features of (I) a wind turbine coupled to the floating device; (II) each of the floating units includes a base and a pillar connected to the base, and a density of the base is greater than a density of the pillar; and (III) the floating device further comprises a frame and a reinforcement frame having substantially the same grid structure to connect the floating units to each other.
Regarding (I), Xiong discloses the wind turbine (12, Fig. 1) coupled to the floating structure.
Regarding (II), Lee discloses a waste collection apparatus for collecting waste (Fig. 4, 999) in water, comprising: a floating device (130) including a plurality of floating units (125, 120); and a waste collection device (110) coupled to the floating device, wherein each of the floating units includes a base (120) and a pillar (125) connected to the base.
Regarding the feature of “a density of the base is greater than a density of the pillar”, the applicant has not disclosed any unexpected results to suggest that the density of the base being greater than a density of the pillar provides an advantage, solves a stated problem, or is used for a particular purpose beyond the fact that the degree to which an object floats and has stability is in accordance with density. Furthermore, it appears that the base would perform equally well with a density greater than a density of the pillar because the base and pillar cooperate to maintain the floating device from sinking or capsizing. Therefore, it would have been an obvious matter of design choice to form the base with a greater density than the pillar to obtain the claimed invention and thereby achieve the predictable result of a buoyant and stable floating device. Please note, in the specification, no criticality is provided for the limitation beyond the known advantage for a floating object to avoid capsizing.
It is noted that all the Zhang, Xiong and Lee references direct a floating waste collection apparatus for collecting waste in water.
Therefore, before the effective filing date of the claimed invention, it would have been prima facie obvious to one of ordinary skill in the art to modify the apparatus of Zhang, in view of Xiong and Lee, to provide the features of (I) a wind turbine coupled to the floating device and (II) each of the floating units includes a base and a pillar connected to the base, and a density of the base is greater than a density of the pillar, because (1) the recited features are considered a known, effective features in manufacturing floating waste collection apparatus for collecting waste in water as suggested by Xiong (12, Fig. 1) and Lee (Fig. 4, 999), and (2) this involves application of a known technique to improve a known floating waste collection apparatus for collecting waste in water to yield predictable results.
Regarding (III), Zhang discloses a frame disposed on the floating units and for connecting the floating units to each other (three floating blocks 14, Fig. 1 are connected by a frame). Zhang discloses the frame, disposed on the floating units and for connecting the floating units to each other, is mechanically reinforced by additional structures such as solar panel (11, Fig. 1), fixed pipe clamp (12, Fig. 1), and supporting rod (6, Fig. 1), etc. which are reasonably interpreted as “a reinforcement frame”. The recitation “a frame and a reinforcement frame having substantially the same grid structure” is considered obvious to one of ordinary skill in the art through routine experimentation in an effort to optimize floating waste collection apparatus activity and utility taking into consideration the operation parameters of collecting waste in water, the geometry of the floating waste collection apparatus, the physical and chemical make-up of the waste and/or water composition.
In regard to claim 20, Zhang discloses a frame disposed on the floating units and for connecting the floating units to each other (three floating blocks 14, Fig. 1 are connected by a frame). Xiong discloses the wind turbine (12, Fig. 1) coupled to the floating structure. In light of teachings from Zhang and Xiong, the recitation “the wind turbine is installed on the frame” is considered obvious to one skilled in the art.
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 YOUNGSUL JEONG whose telephone number is (571)270-1494. The examiner can normally be reached on Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, In Suk Bullock can be reached on 571-272-5954. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOUNGSUL JEONG/Primary Examiner, Art Unit 1772
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