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 .
Drawings
The drawings are objected to because Fig 8 is unreadable. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Rejections - 35 USC § 103
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.
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 1-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Donald G Gies Sr US3455159 (hereinafter “Gies”) in view of White et al US20160047651 (hereinafter “White”).
Regarding claim 1, Gies discloses a method (surface buoys-1 implement the method) to operate a water buoy data system (Col 7 line 63-75) to transfer a water current (Col 5 line 10-43 discloses transmitting data), the method comprising:
water buoys (surface buoys-1) sensing wind characteristics and water characteristics at a location (Abstract, Col 3 line 69-Col 4 line 11); the water buoys determining wave characteristics at the location based on the wind characteristics and water characteristics at the location (Abstract, Col 3 line 69-Col 4 line 11);
the water buoys wirelessly (transmitter receiver assembly-35 broadcast digital and/or analog data from an antenna system-135) transferring data messages that indicate the wave characteristics at the location for delivery to a computer system (Col 5 line 28-43, Col 7 line 63- Col 8 line 49 discloses transmitting data to various external components such as weather stations, satellites and computer systems);
the computer system receiving the data messages wirelessly transferred by the water buoys that indicate the wave characteristics at the location (Col 8 lines 30-49).
However, Gies fails to disclose issuing a water current warning, and the computer system generating and transferring the water current warning for the location based on the wave characteristics at the location. White discloses issuing a water current warning (Alert badge field-324/alert message field-346, Abstract, Paragraphs 0019, 0020, 0029), and the computer system generating and transferring the water current warning for the location based on the wave characteristics at the location (User Warn device-12 includes user interface-14 receives data from a network including external resoures-60 and a second device-30, Paragraphs 0028-0029).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for alerting a user about potentially hazardous conditions and allow for adjusting a user’s operations.
Regarding claim 2, Gies discloses the method according to claim 1.
However, Gies fails to disclose the computer system generating and transferring the water current warning for the location comprises generating and transferring a rip current warning for the location. White discloses the computer system generating and transferring the water current warning for the location comprises generating and transferring a rip current warning for the location (Paragraph 0020, 0023, 0029, 0037 discloses sending the user an alert/warning including based on current tide indications/rip current warning data).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for improved safety of the user to know when water conditions are suitable.
Regarding claim 3, Gies discloses the method according to claim 1.
However, Gies fails to disclose the computer system receiving a rip current request for the location; and wherein the computer system generating and transferring the water current warning for the location comprises generating and transferring a rip current warning for the location in response to the rip current request for the location. White discloses the computer system receiving a rip current request for the location; and wherein the computer system generating and transferring the water current warning for the location comprises generating and transferring a rip current warning for the location in response to the rip current request for the location (Paragraphs 0054-0065 discloses a user entering and/or selecting a location via the user interface and gathering data including rip current conditions and displaying and alerting a user of the conditions via the first or second device-10 and 30 respectively.).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for improved safety of the user to know when water conditions are suitable.
Regarding claim 4, Gies discloses the method according to claim 1.
However, Gies fails to disclose the computer system generating and transferring the water current warning for the location comprises generating and transferring a tsunami warning for the location. White discloses the computer system generating and transferring the water current warning for the location comprises generating and transferring a tsunami warning for the location (Paragraph 0020, 0023-0029, 0037 and 0045 discloses issuing an alert or warning to a user based on current graph including current tide levels and conditions, See also Figs 3A-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for improved safety of the user to know when water conditions are suitable.
Regarding claim 5, Gies discloses the water buoys (surface buoys-1) determining the wave characteristics at the location. (Col 3 line 69-Col 4 line 11, Col 7 line 63-Col 8 line 49)
However, Gies fails to disclose determining the wave characteristics at the location comprises determining wave heights at the location; the water buoys wirelessly transferring the data messages that indicate the wave characteristics at the location comprises wirelessly transferring the data messages that indicate the wave heights at the location; the computer system receiving the data messages that indicate the wave characteristics at the location comprises receiving the data messages that indicate the wave heights at the location; and the computer system generating and transferring the water current warning for the location based on the wave characteristics at the location comprises generating and transferring the water current warning for the location based on the wave heights at the location. White discloses determining the wave characteristics at the location comprises determining wave heights at the location (Paragraph 0020); the water buoys wirelessly transferring the data messages that indicate the wave characteristics at the location comprises wirelessly transferring the data messages that indicate the wave heights at the location (Paragraph 0021); the computer system receiving the data messages that indicate the wave characteristics at the location comprises receiving the data messages that indicate the wave heights at the location (Paragraph 0023-0024); and the computer system generating and transferring the water current warning for the location based on the wave characteristics at the location comprises generating and transferring the water current warning for the location based on the wave heights at the location (Paragraphs 0029, 0037, 0045, 0056-0058).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for improved safety of the user to know when water conditions are suitable for a user to be out in/or out on the water.
Regarding claim 6, Gies discloses the water buoys (surface buoys-1) determining the wave characteristics at the location. (Col 3 line 69-Col 4 line 11, Col 7 line 63-Col 8 line 49)
However, Gies fails to disclose determining wave lengths at the location; the water buoys wirelessly transferring the data messages that indicate the wave characteristics at the location comprises wirelessly transferring the data messages that indicate the wave lengths at the location; the computer system receiving the data messages that indicate the wave characteristics at the location comprises receiving the data messages that indicate the wave lengths at the location; and the computer system generating and transferring the water current warning for the location based on the wave characteristics at the location comprises generating and transferring the water current warning for the location based on the wave lengths at the location. White discloses determining wave lengths at the location; the water buoys wirelessly transferring the data messages that indicate the wave characteristics at the location comprises wirelessly transferring the data messages that indicate the wave lengths at the location; the computer system receiving the data messages that indicate the wave characteristics at the location comprises receiving the data messages that indicate the wave lengths at the location; and the computer system generating and transferring the water current warning for the location based on the wave characteristics at the location comprises generating and transferring the water current warning for the location based on the wave lengths at the location. (Paragraphs 0020-0021, 0023-0024, 0029, 0037, 0045, 0056-0058 discloses determining wave length and transmitting the data wirelessly.).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for improved safety of the user to know when water conditions are suitable for a user to be out in/or out on the water.
Regarding claim 7, Gies discloses the water buoys (surface buoys-1) determining the wave characteristics at the location. (Col 3 line 69-Col 4 line 11, Col 7 line 63-Col 8 line 49)
However, Gies fails to disclose determining the wave characteristics at the location comprises determining wave periods at the location; the water buoys wirelessly transferring the data messages that indicate the wave characteristics at the location comprises wirelessly transferring the data messages that indicate the wave periods at the location; the computer system receiving the data messages that indicate the wave characteristics at the location comprises receiving the data messages that indicate the wave periods at the location; and the computer system generating and transferring the water current warning for the location based on the wave characteristics at the location comprises generating and transferring the water current warning for the location based on the wave periods at the location. White discloses determining the wave characteristics at the location comprises determining wave periods at the location; the water buoys wirelessly transferring the data messages that indicate the wave characteristics at the location comprises wirelessly transferring the data messages that indicate the wave periods at the location; the computer system receiving the data messages that indicate the wave characteristics at the location comprises receiving the data messages that indicate the wave periods at the location; and the computer system generating and transferring the water current warning for the location based on the wave characteristics at the location comprises generating and transferring the water current warning for the location based on the wave periods at the location. (Paragraphs 0020-0021, 0023-0024, 0029, 0037, 0045, 0056-0058 discloses determining wave periods and transmitting the data wirelessly).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for improved safety of the user to know when water conditions are suitable for a user to be out in/or out on the water.
Regarding claim 8, Gies discloses the water buoys (surface buoys-1) determining the wave characteristics at the location. (Col 3 line 69-Col 4 line 11, Col 7 line 63-Col 8 line 49)
However, Gies fails to disclose the wave characteristics at the location comprises determining wave propagation at the location; the water buoys wirelessly transferring the data messages that indicate the wave characteristics at the location comprises wirelessly transferring the data messages that indicate the wave propagation at the location; the computer system receiving the data messages that indicate the wave characteristics at the location comprises receiving the data messages that indicate the wave propagation at the location; and the computer system generating and transferring the water current warning for the location based on the wave characteristics at the location comprises generating and transferring the water current warning for the location based on the wave propagation at the location. White discloses the wave characteristics at the location comprises determining wave propagation at the location; the water buoys wirelessly transferring the data messages that indicate the wave characteristics at the location comprises wirelessly transferring the data messages that indicate the wave propagation at the location; the computer system receiving the data messages that indicate the wave characteristics at the location comprises receiving the data messages that indicate the wave propagation at the location; and the computer system generating and transferring the water current warning for the location based on the wave characteristics at the location comprises generating and transferring the water current warning for the location based on the wave propagation at the location. (Paragraphs 0020-0021, 0023-0024, 0029, 0037, 0045, 0056-0058 discloses determining wave propagation and transmitting the data wirelessly.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for improved safety of the user to know when water conditions are suitable for a user to be out in/or out on the water.
Regarding claim 9, Gies discloses the water buoys (surface buoys-1) determining the wave characteristics at the location. (Col 3 line 69-Col 4 line 11, Col 7 line 63-Col 8 line 49)
However, Gies fails to disclose sensing water velocities at the location; and the water buoys determining the wave characteristics at the location based on the wind characteristics and the water characteristics at the location comprises determining the wave characteristics at the location based on the water velocities at the location. White discloses sensing water velocities at the location; and the water buoys determining the wave characteristics at the location based on the wind characteristics and the water characteristics at the location comprises determining the wave characteristics at the location based on the water velocities at the location. (Paragraphs 0020-0021, 0023-0024, 0029, 0037, 0045, 0056-0058 discloses determining wave propagation and transmitting the data wirelessly.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for improved safety of the user to know when water conditions are suitable for a user to be out in/or out on the water.
Regarding claim 10, Gies discloses the water buoys (surface buoys-1) determining the wave characteristics at the location. (Col 3 line 69-Col 4 line 11, Col 7 line 63-Col 8 line 49)
However, Gies fails to disclose sensing water velocity directions at the location; and the water buoys determining the wave characteristics at the location based on the wind characteristics and the water characteristics at the location comprises determining the wave characteristics at the location based on the water velocity directions at the location. White discloses sensing water velocity directions at the location; and determining the wave characteristics at the location based on the wind characteristics and the water characteristics at the location comprises determining the wave characteristics at the location based on the water velocity directions at the location. (Paragraphs 0020-0021, 0023-0024, 0029, 0037, 0045, 0056-0058 discloses determining wave propagation and transmitting the data wirelessly.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for improved safety of the user to know when water conditions are suitable for a user to be out in/or out on the water.
Regarding claim 11, Gies in view of White discloses the method according to claim 1.
Furthermore, Gies discloses the water buoys ( surface buoys-1) sensing the water characteristics at the location comprises sensing water depth at the location; and the water buoys determining the wave characteristics at the location based on the wind characteristics and the water characteristics at the location comprises determining the wave characteristics at the location based on the water depth at the location (Col 3 line 1-19, Col 6 line 5-35 and Col 8 line 19-29).
Regarding claim 12, Gies discloses the water buoys (surface buoys-1) determining the wave characteristics at the location. (Col 3 line 69-Col 4 line 11, Col 7 line 63-Col 8 line 49)
However, Gies fails to disclose sensing wind speeds at the location; and the water buoys determining the wave characteristics at the location based on the wind characteristics and the water characteristics at the location comprises determining the wave characteristics at the location based on the wind speeds at the location. White discloses sensing wind speeds at the location; and the determining the wave characteristics at the location based on the wind characteristics and the water characteristics at the location comprises determining the wave characteristics at the location based on the wind speeds at the location (Paragraphs 0045, 0049)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for increased safety and efficiency of a user in the water.
Regarding claim 13, Gies discloses the water buoys (surface buoys-1) determining the wave characteristics at the location. (Col 3 line 69-Col 4 line 11, Col 7 line 63-Col 8 line 49)
However, Gies fails to disclose sensing wind speed directions at the location; and the water buoys determining the wave characteristics at the location based on the wind characteristics and the water characteristics at the location comprises determining the wave characteristics at the location based on the wind speed directions at the location. White discloses sensing wind speed directions at the location; and the water buoys determining the wave characteristics at the location based on the wind characteristics and the water characteristics at the location comprises determining the wave characteristics at the location based on the wind speed directions at the location. (Paragraphs 0045, 0049)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for increased safety and efficiency of a user in the water.
Regarding claim 14, Gies discloses the water buoys (surface buoys-1) determining the wave characteristics at the location. (Col 3 line 69-Col 4 line 11, Col 7 line 63-Col 8 line 49)
However, Gies fails to disclose sensing wind durations at the location; and the water buoys determining the wave characteristics at the location based on the wind characteristics and the water characteristics at the location comprises determining the wave characteristics at the location based on the wind durations at the location. White discloses sensing wind durations at the location; and the water buoys determining the wave characteristics at the location based on the wind characteristics and the water characteristics at the location comprises determining the wave characteristics at the location based on the wind durations at the location. (Paragraphs 0045, 0049)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for increased safety and efficiency of a user in the water.
Regarding claim 16, Gies in view of White discloses the method according to claim 1.
Furthermore, Gies discloses the water buoys wirelessly transferring the data messages for delivery to the computer system comprises wirelessly transferring the data messages to a satellite; and the computer system receiving the data messages wirelessly transferred by the water buoys comprises receiving the data messages wirelessly transferred by the water buoys to the satellite. (Col 7 line 63- Col 8 line 40)
Regarding claim 17, Gies discloses a method (surface buoys-1 implement the method) to operate a water buoy data system (Col 7 line 63-75) to transfer a water current (Abstract, Col 3 line 69 Col 4 line 11), the method comprising:
water buoys (surface-1) sensing wind characteristics and water characteristics at a location (Abstract, Col 3 line 69-Col 4 line 11); the water buoys wirelessly transferring data messages (transmitter receiver asssemblt-35 connected to antenna system-135) that indicate wave data at the location for delivery to a computer system (Col 7 line 63-Col 8 line 40);
the computer system receiving the data messages wirelessly transferred by the water buoys that indicate the wave data at the location(Col 7 line 63-Col 8 line 40).
However, Gies fails to disclose to transfer a water current warning, the water buoys determining wave heights, wave lengths, and wave periods at the location based on the wind characteristics and water characteristics at the location; the wave heights, the wave lengths, and the wave periods, the computer system receiving the data messages wirelessly transferred by the water buoys that indicate the wave heights, the wave lengths, and the wave periods at the location; and
the computer system generating and transferring a water current warning for the location based on the wave heights, the wave lengths, and the wave periods at the location.
White discloses disclose to transfer a water current warning (alert badge field-324/alert message field-345, Abstract, Paragraphs 0019, 0020, 0029), the water buoys determining wave heights, wave lengths, and wave periods at the location based on the wind characteristics and water characteristics at the location (Paragraphs 00200029-0032); the wave heights, the wave lengths, and the wave periods (Paragraphs 00200029-0032);
the computer system receiving the data messages wirelessly transferred by the source that indicate the wave heights, the wave lengths, and the wave periods at the location (Paragraph 0021, 0031, 0040); and
the computer system generating and transferring a water current warning for the location based on the wave heights, the wave lengths, and the wave periods at the location (User Warn device-12 includes user interface-14 receives data from a network including external resoures-60 and a second device-30, Paragraphs 0020, 0028-0029).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for alerting a user about potentially hazardous conditions and allow for adjusting a user’s operations.
Regarding claim 18, Gies discloses a water buoy data system (Col 7 line 63-75) to transfer a water current (Col 5 line 10-43), the water buoy data system comprising:
water buoys (surface buoys-1) configured to sense wind characteristics and water characteristics at a location (abstract, Col 3 line 69 – Col 4 line 11);
the water buoys configured to determine wave characteristics at the location based on the wind characteristics and water characteristics at the location (abstract, Col 3 line 69 – Col 4 line 11);
the water buoys configured to wirelessly (transmitter receiver assembly-35 broadcast a digital and/or analog data from an antenna system-135) transfer data messages that indicate the wave characteristics at the location for delivery to a computer system (Col5 line 28-43, Col 7 line 63-Col 8 line 49);
the computer system configured to receive the data messages wirelessly transferred by the water buoys that indicate the wave characteristics at the location (Col 8 line 30-49); and
the computer system configured to generate and transfer the water current for the location based on the wave characteristics at the location (Col 5 line 28-43, Col 7 line 63- Col 8 line 49)
However, Gies fails to disclose transferring a water current warning. White discloses transferring a water current warning (Alert badge field-324/alert message field-346, Abstract, Paragraphs 0019, 0020, 0029. the computer system configured to generate and transfer the water current warning for the location based on the wave characteristics at the location (User Warn device-12 includes user interface-14 receives data from a network including external resoures-60 and a second device-30, Paragraphs 0028-0029).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for alerting a user about potentially hazardous conditions and allow for adjusting a user’s operations.
Regarding claim 19, Gies discloses the system according to claim 18.
However, Gies fails to disclose the computer system is configured to generate and transfer a rip current warning for the location based on the wave characteristics at the location to transfer the water current warning for the location based on the wave characteristics at the location. White discloses the computer system is configured to generate and transfer a rip current warning for the location based on the wave characteristics at the location to transfer the water current warning for the location based on the wave characteristics at the location. (Paragraph 0020, 0023, 0029, 0037 discloses sending the user an alert/warning including based on current tide indications/rip current warning data).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for improved safety of the user to know when water conditions are suitable.
Regarding claim 20, Gies discloses the system according to claim 18.
However, Gies fails to disclose the computer system is configured to generate and transfer a tsunami warning for the location based on the wave characteristics at the location to transfer the water current warning for the location based on the wave characteristics at the location.
White discloses the computer system is configured to generate and transfer a tsunami warning for the location based on the wave characteristics at the location to transfer the water current warning for the location based on the wave characteristics at the location. (Paragraph 0020, 0023-0029, 0037 and 0045 discloses issuing an alert or warning to a user based on current graph including current tide levels and conditions, See also Figs 3A-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of White into Gies for the purpose of creating a more efficient device. The modification would allow for improved safety of the user to know when water conditions are suitable.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Donald G Gies Sr US3455159 (hereinafter “Gies”) in view of White et al US20160047651 (hereinafter “White”) in further view of Davis et al US20110089696 (hereinafter “Davis”)
Regarding claim 15, Gies discloses the water buoys (surface buoys-1) generating electrical energy from kinetics (Col 4 line 12-73); and wherein the water buoys sensing the wind characteristics and the water characteristics, determining the wave characteristics, and wirelessly transferring the data messages comprises using the electrical energy to sense the wind characteristics and the water characteristics, determine the wave characteristics, and wirelessly transfer the data messages (Col 3 line 69-Col 4 line 11, Col 7 line 63- Col 8 line 49).
However, the combination of Gies and White fails to disclose generating electrical energy from water kinetics. Davis discloses generating electrical energy from water kinetics. (Paragraph 0011, 0020)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Davis into the combination of Gies and White for the purpose of creating a more efficient device. The modification would allow providing a sustainable energy source for power devices without the need of replacing the power source.
Conclusion
The prior art as cited on the PTO-892 is made of record and not relied upon but considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIGEL H PLUMB whose telephone number is (571)272-8886. The examiner can normally be reached Monday-Friday 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIGEL H PLUMB/ Examiner, Art Unit 2855
/Eric S. McCall/ Primary Examiner, Art Unit 2855