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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: the claim recites the limitation of an oscillating component “including a spring” however it appears as though the oscillating component is the spring. Therefore, the term “including” should be changed to comprising or similar since including implies there is more elements in the oscillating component than the spring. 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 2-6 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.
Regarding claim 2, the claim recites the limitation that the first and second magnet are configured to apply an oscillating force on the sampling component, however it is not clear as to how the magnets would apply such a force. Paragraph 0061 (using the Publication of the present application) explains that the magnets generate an attractive force, but that the elements remain stationary in the absence of an external force applied thereto. Paragraph 0053 states that the magnets “amplify” the force on the sampling component 112, while paragraph 0064 states that the force is applied by the water or a wave therein. Therefore, it would appear that the first and second magnets do not actually apply the oscillating force on the sampling component, but rather amplify or transfer a force from the water itself thereto. Since claim 7 clarifies that the force is generated in response to a water wave or water current, it cures the deficiencies of claim 2 and is NOT rejected for the same reasons.
Regarding claim 5, the claim recites the limitation that the stopper “comprises a static surface configured to bounce off the sampling component” which appears to be the opposite of the actual function. Since the stopper is static, it is the sampling component which bounces off of the stopper and not the other way around.
All claims (with the exception of claim 7) which depend from those above are rejected for the same reasons due to their dependency thereon.
Allowable Subject Matter
Claims 1-20 may be allowable if amended to overcome all objections and rejections under 35 U.S.C. 112 above.
The following is a statement of reasons for the indication of allowable subject matter: with regard to independent claim 1, the prior art of record fails to teach the claimed invention including the sampling component mounted to the support by an oscillating component including a spring and the specific retaining component comprising two magnets separated from each other by a gap. The prior art cited including the Han and Chen references each teach similar water sampling devices including an absorbent sampler, however do not teach the oscillating component or the magnets configured in the claimed arrangement. Such an arrangement allows for the surrounding water motion to generate naturally occurring forces for vibrating the sampler apparatus without the need of an external energy source, thereby creating a higher sampling efficiency than conventional systems. Additionally, the claim is similar to that of issued patent 12,276,582 to the same applicant with regard to the arrangement of the sampling apparatus on the oscillating component. However, the ‘582 patent does not teach the additional details including the retaining component comprising the magnets, nor would such a modification be considered obvious to one of ordinary skill in the art at the time of filing.
As all claims ultimately depend from claim 1, they would be allowable for the same reasons due to their dependency thereon.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mark A. Shabman whose telephone number is (571)272-8589. The examiner can normally be reached M-F 8:00-4:30 EST.
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, Laura Martin can be reached at 571-272-2160. 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.
/MARK A SHABMAN/ Primary Examiner, Art Unit 2855
Prosecution Insights