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 .
Response to Amendment
Amendment filed 22 April 2026 has been entered. Claims 1-5 and 7-20 remain pending in the application. Claims 1, 5, 7-8, 15-17 and 20 are currently amended. Claim 6 is cancelled. Applicant’s amendments to the Claims have overcome each and every objection and 35 U.S.C. 112(b) rejections previously set forth in the Non-Final Office Action mailed 27 January 2026. However, upon further consideration, a new ground of rejection is made, please refer to the detailed discussion below.
In view of the amendment to the claims 1, 5, 7-8, 15-17 and 20 the previous rejections to claims under 35 U.S.C. 102(a)(1) and 103 have been fully considered and are persuasive in view of the amendment to the claims. Therefore, the rejection to claims 1-5, 9-16 and 18-20 have been withdrawn.
Specification
The disclosure is objected to because of the following informalities:
Para [0069], lines 31-32 and 10 (next page), recites “…distal portion 211…” in two places and should be “…distal end 221…” (See at least: Para [0057], line 28, recites “…distal end 221…” and figs. of the drawings). {Examiner notes: there was a typo in the previous office action where the Examiner cited Para. [0065] twice, however the second citation should have been [0069], therefore this objection is restated clearly.}
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.
Claim 18 is 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.
Claim 18 recites the limitation "the sensor" twice in lines 2-3. Where claims 15 and 18 do not recite “a sensor”. For purposes of compact prosecution, the Examiner interprets claim 18, lines 2-3 to be one of the following: (1) “...sensing, by the sensor apparatus while the sensor apparatus is underwater, a property of an underwater region...” or (2) “...sensing, by ...”. There is insufficient antecedent basis for this limitation in the claim. {Examiner note: See attached email for conversation with the Attorney where an Examiner’s Amendment was proposed, however was not implemented due to the Specification Objection above.}.
Allowable Subject Matter
Claims 1-5, 7-17 and 19-20 are allowed.
Claim 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
the amendment filed 22 April 2026 places claims 1-5, 7-17 and 19-20 in condition for allowance (See at least: Non-Final Rejection of 27 January 2026 for detailed Examiner’s statement of reasons for allowance).
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 ERIC ANTHONY STARCK whose telephone number is (571)272-6651. The examiner can normally be reached Monday - Friday 8:00 am - 4:00 pm Eastern Standard Time (EST).
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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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/ERIC ANTHONY STARCK/Examiner, Art Unit 3615B
/LARS A OLSON/Primary Examiner, Art Unit 3615B
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