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 (i.e., changing from AIA to pre-AIA ) 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 Arguments
Applicant's arguments filed August 25, 2025 have been fully considered but they are not persuasive.
1. Applicant argues on page 16 of the remarks regarding the specification objection to paragraph 0039 that, “The Office Action requests that Paragraph 0039, "Elongate cavity 202" should be changed to "Elongate cavity 200." Applicant believes that such a revision is not necessary because "cavity 200" refers generally to the cavities in various embodiments and in some embodiments these are also referred to specifically as "elongate cavities 202," consistent with the Figures. Paragraph [0039] is revised to remove the element number 202 originally after "first end."”
The Examiner respectfully disagrees, because the Examiner initially assumed "Elongate cavity 202" in paragraph 0039 was a simple mistake and that reference character 202 was assigned to a “first end” of said cavity as demonstrated in figures 1 and 3, however with the Applicant’s clarification that this was not a mistake raises a drawing objection for different reference characters used to designate the same component. Each cavity shown in figures 1 and 3 have both reference characters 200 & 202 pointing to the same cavity.
2. Applicant argues on pages 16-17 of the remarks regarding the specification objection to paragraph 0045-0047 that, “The Office Action requests that Paragraph 0045, 0046, 0047, "panels 100" should be changed to "panels 110." Applicant believes these paragraphs are mostly consistent as they consistently refer to a singular panel as "panel 110" but a grouping of panels as "array of panels 100" or "array 100." Paragraph [0046] has one correction to refer to "six adjacent panels 110."
The Examiner respectfully disagrees, because the placement of the reference characters are not consistent. The specification discloses some panels followed by reference character 110 and arrays followed by reference character 100, however some panels are followed by reference character 100. The specification should be consistent throughout to avoid unnecessary confusion and promote clarity. Therefore, the objection to the specification is maintained.
3. Applicant argues on pages 19-20 of the remarks that, “Page fails to disclose or suggest at least the following elements of Claim 1, as amended:
"a generator mounted on at least one of said first buoyant panel and said second buoyant panel for activation by tilting of said first buoyant panel or said second buoyant panel...."
For example, the generator can make electricity by having magnets sliding within conductive windings (or vice versa) as a result of the buoyant panel tilting. See, e.g., Specification's [0005] and [0040]… Instead, Page discloses generating electricity by using the relative motion between two connected floating members. See, e.g., Paragraph [0074]… For example, with reference to Page's Figure 5 (below), float member 51 has rigid link 52 that is understood as being connected to another float member on the left (not shown). When float member 51 moves up or down relative to the unshown float member on the left, rigid link 52 pivots to drive slide plate 56 up or down, which in turn drives an induction system. Whether one or more of the float members tilt is immaterial because Page's design relies instead on their relative motion. See, e.g., Figure 5””
The Examiner respectfully disagrees, because the Applicant acknowledges the floats of Page does tilt yet dismisses the tilt as immaterial because Page allegedly generates electricity differently than that of the Applicant’s. However, the claim only requires the floats to tilt to activate the generator, as recited above by the Applicant, and paragraph 0079 of Page clearly discloses the floats tilt disclosing, “Floats are permitted free motion therebetween and they may rotate, pitch and roll about under the influence of incident waves upon which they ride at the ocean's surface, without regard for the positions or motion of their neighbor.” While paragraph 0074 discloses the floats free motion drives the generator to activate the generator. Therefore, Page does disclose, suggest, and teaches the elements of claim 1 argued by the Applicant above.
4. Applicant further argues on page 20-21 of the remarks that, “if rigid link 52 was fixed in space (e.g., no relative motion due to the unshown floating member) and floating member 51 were tilted about spherical portion 53, the rounded link end 57 would rotate within cylindrical socket 57, but would not translate plate 56 up or down to drive electricity. Thus, tilting any given floating member, without the relative motion, is ineffective in generating electricity.”
The Examiner respectfully disagrees, because this is a speculative argument that IF float and rigid link were designed differently it would not generate electrical energy. However, this is not the case therefore argument is irrelevant.
5. Applicant argues on page 21 of the remarks similar arguments to that of claim 1 in that Page does not teach “a generator mounted on said body for activation by tilting of said body.” Also arguing that the scope of claim 23 covers a single buoyant panel and that Page’s disclosure is explicit in describing that at least two float members are needed and “A person of skill understands that Claim 23's buoyant panel (which may be a standalone panel) is able to generate electricity when it tilts without being reliant on another buoyant panel. In contrast, Page does not disclose any device capable of independent electricity generation because Page's systems always require two float members coupled together to produce electricity.”
The Examiner respectfully disagrees, because claim 23 does not recite how the generator is activated by the tilt, only activation by tilting of said body. The float of Page is also activated by tilting of said float body as mentioned above. Claim 23 also does not recite the panel is standalone nor does it say it cannot be attached to another panel. In fact the Applicant’s side note referring to claim 23’s buoyant panel “which may be a standalone panel” implies there may be more than one panel.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., Claim 23's buoyant panel (which may be a standalone panel) is able to generate electricity when it tilts without being reliant on another buoyant panel) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
6. Applicant’s arguments, see pages 17-18 of the remarks, filed August 25, 2025, with respect to claims 4 and 25 have been fully considered and are persuasive. While perpendicular is the more common and general term, "normal" is also used when describing a line or vector that is perpendicular to a tangent line or a surface. The 35 U.S.C. 112(b) rejection of claims 4 and 25 have been withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference characters "200" and "202" have both been used to designate “cavity”
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 0045, 0046, 0047, “panels 100” should be changed to “panels 110”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 5, 6, 8-19, 23, 24, 26, and 27 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Page (US 2011/0057448).
Regarding claim 1, Page discloses a wave driven electrical generator comprising:
a first buoyant panel (21, 23 of Figure 2; 131, 132 of Figure 13) having a first side, a second side and at least three perimeter sides (see Figure 2, 13), said perimeter sides having a height that defines a thickness of said first buoyant panel;
a second buoyant panel (21, 24 of Figure 2; 131, 133 of Figure 13) having a first side, a second side and at least three perimeter sides (see Figure 2, 13), said perimeter sides having a height that defines a thickness of said second buoyant panel;
a movable connection (Para. 0080, ball joints; 53, 54 of Figure 5) between said first buoyant panel and said second buoyant panel; and
a generator (Para. 0070, 0072, 0089, 0093, 0096) mounted on at least one of said first buoyant panel and said second buoyant panel for activation by tilting of said first buoyant panel or said second buoyant panel facilitated by said movable connection (Para. 0079).
Regarding claim 3, Page discloses wherein:
said first buoyant panel (21, 23 of Figure 2; 131, 132 of Figure 13) defines at least one cavity (117, 119 of Figure 11; Para. 0096), said cavity for receiving said generator (Para. 0070, 0072, 0089, 0093, 0096).
Regarding claim 5, Page discloses at least one cover (101 of Figure 10; Para. 0031) for protecting said electrical generator (Para. 0070, 0072, 0089, 0093, 0096) within said cavity (117, 119 of Figure 11; Para. 0096).
Regarding claim 6, Page discloses wherein:
said at least one cover is three covers (101 of Figure 10, covers at least 3 sides; Para. 0031); and
said at least one cavity is three cavities (see annotated Figure 11 below).
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Page Figure 11
Regarding claim 8, Page discloses wherein:
said movable connection (Para. 0080, ball joints; 53, 54 of Figure 5) facilitates relative movement of adjacent panels in two dimensions (Para. 0030, 0072, 0074).
Regarding claim 9, Page discloses wherein:
said movable connection (Para. 0080, ball joints; 53, 54 of Figure 5) facilitates movement of said adjacent panels in three dimensions (Para. 0030, 0072, 0074; see Figure 4).
Regarding claim 10, Page discloses comprising:
a first panel connector (48 of Figure 4) extending from said first buoyant panel (21, 23 of Figure 2; 43 of Figure 4; 131, 132 of Figure 13);
a second panel connector (49 of Figure 4) extending from said second buoyant panel (21, 24 of Figure 2; 41 of Figure 4; 131, 133 of Figure 13);
said first panel connector and said second panel connector comprising said movable connection (Para. 0080, ball joints; 53, 54 of Figure 5) between said first buoyant panel and said second buoyant panel.
Regarding claim 11, Page discloses wherein:
said movable connection (Para. 0080, ball joints; 53, 54 of Figure 5) is further comprised of at least one panel link (22 of Figure 2; 45 of Figure 4) between said first panel connector (48 of Figure 4; 53, 54 of Figure 5) and said second panel connector (49 of Figure 4; 53, 54 of Figure 5), wherein said at least one panel link comprises at least one link.
Regarding claim 12, Page discloses wherein:
said at least one panel link is comprised of multiple links (see Figures 2, 13, 14).
Regarding claim 13, Page discloses wherein:
said at least one panel link is a rigid link (Para. 0073).
Regarding claim 14, Page discloses wherein:
said at least one panel link is a flexible link (194, 195 of Figure 19).
Regarding claim 15, Page discloses wherein:
said at least one panel link (22 of Figure 2) has a length that is at least as long as the thickness of said first buoyant panel (21, 23 of Figure 2; 43 of Figure 4; 131, 132 of Figure 13) to facilitate stacking of said first buoyant panel and said second buoyant panel (21, 24 of Figure 2; 41 of Figure 4; 131, 133 of Figure 13).
Regarding claim 16, Page discloses wherein:
said generator (Para. 0070, 0072, 0089, 0093, 0096) has a rod (107 of Figure 10) having a plurality of spaced magnets (93 of Figure 9; 1010 of Figure 10), said rod slidably carrying a traveling cylinder (92 of Figure 9; 109 of Figure 10), said travelling cylinder having conductive windings (94 of Figure 9; 1011 of Figure 10; around the traveling cylinder);
wherein sliding movement of said travelling cylinder along said rod facilitates interaction between said conductive windings and a magnetic field generated by said plurality of spaced magnets of said rod.
Regarding claim 17, Page discloses wherein:
said generator (Para. 0070, 0072, 0089, 0093, 0096) is comprised of a traveling slider (91 of Figure 9; 108 of Figure 10) carrying a magnet (93 of Figure 9; 1010 of Figure 10);
wherein said travelling slider for travelling within a stationary cylinder (94 of Figure 9; 1011 of Figure 10) surrounded by conductive windings (94 of Figure 9; 1011 of Figure 10), wherein sliding movement of said travelling slider within said stationary cylinder facilitates interaction between said conductive windings and a magnetic field generated by said magnet in said travelling slider.
Regarding claim 18, Page discloses at least one additional panel (25 of Figure 2; 131, 134 of Figure 13) connected with said first buoyant panel (21, 23 of Figure 2; 43 of Figure 4; 131, 132 of Figure 13) and said second buoyant panel (21, 24 of Figure 2; 41 of Figure 4; 131, 133 of Figure 13) to form an array of panels (see Figures).
Regarding claim 19, Page discloses wherein panel connectors of six adjacent panels are located in close proximity to one another and wherein each of said panel connectors is connected to panel connectors of two adjacent panels (see Figure 13).
Regarding claim 23, Page discloses a buoyant panel (21, 23 of Figure 2; 43 of Figure 4; 131, 132 of Figure 13) for a wave driven electrical generator comprising:
a body having a first side, a second side and at least three perimeter sides, said perimeter sides having a height that defines a thickness of said body (see 21, 23 of Figure 2; 43 of Figure 4; 131, 132 of Figure 13); and
a generator (Para. 0070, 0072, 0089, 0093, 0096) mounted on said body for activation by tilting of said body.
Regarding claim 24, Page discloses wherein:
said body defines at least one cavity (117, 119 of Figure 11; Para. 0096), said cavity for receiving said generator (Para. 0070, 0072, 0089, 0093, 0096).
Regarding claim 26, Page discloses wherein:
said generator (Para. 0070, 0072, 0089, 0093, 0096) has a rod (107 of Figure 10) having a plurality of spaced magnets (93 of Figure 9; 1010 of Figure 10), said rod slidably carrying a traveling cylinder (92 of Figure 9; 109 of Figure 10), said travelling cylinder having conductive windings (94 of Figure 9; 1011 of Figure 10; around the traveling cylinder);
wherein sliding movement of said travelling cylinder along said rod facilitates interaction between said conductive windings and a magnetic field generated by said plurality of spaced magnets of said rod.
Regarding claim 27, Page discloses said generator (Para. 0070, 0072, 0089, 0093, 0096) is comprised of a traveling slider (91 of Figure 9; 108 of Figure 10) carrying a magnet (93 of Figure 9; 1010 of Figure 10);
wherein said travelling slider for travelling within a stationary cylinder (94 of Figure 9; 1011 of Figure 10) surrounded by conductive windings (94 of Figure 9; 1011 of Figure 10), wherein sliding movement of said travelling slider within said stationary cylinder facilitates interaction between said conductive windings and a magnetic field generated by said magnet in said travelling slider.
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 2, 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Page (US 2011/0057448).
Regarding claim 2, Page discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein said at least three perimeter sides of said first buoyant panel is three perimeter sides for forming a shape approximating a triangle.
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to design the buoyant panel in the shape of a triangle. The Applicant has not disclosed that shaping the buoyant panel as a triangle provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with a square, rectangular, or hexagonal shape, as taught by Page, because the Applicant discloses in paragraph 0009 of the specification that, “the panels may be triangular in shape or may have another shape.”
Therefore, it would have been obvious to one of ordinary skill in the art to modify Page to obtain the invention as specified in claim 2.
Regarding claims 20, 21, 22, Page discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein:
said array of panels provides an area of coverage, said area of coverage comprising open areas within said array of panels, said open areas define less than 20% of said area of coverage (claim 20);
wherein: said open areas define 5% to 15% of said area of coverage (claim 21);
wherein: said open areas define approximately 10% of said area of coverage (claim 22).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to arrange the panels at different ranges from the other panels to maximize efficiency of the system, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Page (US 2011/0057448), in view of Dong (US 2014/0248151).
Regarding claim 7, Page discloses wherein:
said perimeter sides defining corner regions (see Figures);
said movable connection (Para. 0080, ball joints; 53, 54 of Figure 5) comprises a first panel connector (45 of Figure 4; 52 of Figure 5) extending from one of said regions of said first buoyant panel (21, 23 of Figure 2; 131, 132 of Figure 13).
Page does not explicitly disclose a first panel connector extending from one of said corner regions of said first buoyant panels.
Dong discloses a first panel connector (108 of Figure 1) extending from one of said corner regions of said first buoyant panels (101 of Figure 1).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the panel connector of Page extend from a corner region of the buoyant panel, as taught by Dong, for the added benefit of using various link options. The Applicant has not disclosed that the location of the panel connector provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the panel connector extending from the side region, as taught by Page, because the Applicant discloses in paragraph 0009 of the specification that, “the panels may be triangular in shape or may have another shape” and in paragraph 0034 that round shapes, which do not have corners, could be used.
Therefore, it would have been obvious to one of ordinary skill in the art to modify Page to obtain the invention as specified in claim 7.
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 4 and 25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 4 and claims dependent thereon, the prior art of record when considered as a whole, alone or in combination, neither anticipates nor renders obvious a wave driven electrical generator as recited by independent claim 1, comprising:
a first buoyant panel having a first side, a second side and at least three perimeter sides, said perimeter sides having a height that defines a width of said first buoyant panel;
a second buoyant panel having a first side, a second side and at least three perimeter sides, said perimeter sides having a height that defines a width of said second buoyant panel;
a movable connection between said first buoyant panel and said second buoyant panel;
a generator mounted on at least one of said first buoyant panel and said second buoyant panel; wherein:
said first buoyant panel defines at least one cavity, said cavity for receiving said generator; and wherein:
said at least three perimeter sides of said first buoyant panel is three perimeter sides forming a shape approximating a triangle, said shape defining corner regions;
said at least one cavity is three cavities;
said three cavities each being elongate in shape and oriented with a first end proximate one of said corner regions and extending towards a center of said first buoyant panel such that a longitudinal axis of said cavity is normal to a side of said triangle shape opposite said corner region.
With respect to claim 25 and claims dependent thereon, the prior art of record when considered as a whole, alone or in combination, neither anticipates nor renders obvious a buoyant panel for a wave driven electrical generator as recited by independent claim 23, comprising:
a body having a first side, a second side and at least three perimeter sides, said perimeter sides having a height that defines a width of said body;
a generator mounted on said body for activation by tilting of said body; wherein:
said at least three perimeter sides of said body is three perimeter sides forming a shape approximating a triangle, said shape defining corner regions;
said at least one cavity is three cavities;
said three cavities each being elongate in shape and oriented with a first end proximate one of said corner regions and extending towards a center of said body such that a longitudinal axis of said cavity is normal to a side of said triangle shape opposite said corner region.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHARLES H REID whose telephone number is (571)272-9248. The examiner can normally be reached M-F 9:30-4:45 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tulsidas Patel can be reached at 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Charles Reid Jr./Primary Examiner, Art Unit 2834