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 .
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.
Claim(s) 1-3 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over document entitled “How Our Floating Wetland Work” herein referred to as Aqua in view of Pritchett (US 4,934,298).
As to claim 1, Aqua discloses (see article and figure) floating wetland system comprising: decking; polyethylene terephthalate (PET) layers mounted on the decking;
a plurality of pontoons coupled to the decking, each of the pontoons defining a hollow
interior space and having a discharge port located on a side of the pontoon away from the decking and an inlet port, the plurality of pontoons arranged in modules.
Aqua does not disclose the pontoon having a discharge port, the piping having a second discharge port, the piping connecting the inlet port to a compressed air system and the second discharge port; and manually adjusted globe valves, each manually adjusted globe valve connected to one of the modules to provide a mechanism to control the buoyancy of the pontoons of each module independently.
Pritchett discloses a pontoon system that is capable of being raised and lowered in a body of water. The pontoon system comprising a pontoon (14,16) including a discharge port (30,32), the piping (24) having a second discharge port (within pontoon 14,16), the piping connecting the inlet port to a compressed air system (not shown, see col. 2, lies 6-14) and the second discharge port; and manually adjusted globe valves (26,28), each manually adjusted globe valve connected to one of the modules to provide a mechanism to control the buoyancy of the pontoons of each module independently. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pontoon having a discharge port, the piping having a second discharge port, the piping connecting the inlet port to a compressed air system and the second discharge port; and manually adjusted globe valves, each manually adjusted globe valve connected to one of the modules to provide a mechanism to control the buoyancy of the pontoons of each module independently as disclosed by Pritchett, since doing so provides the expected benefit of controlling buoyancy of pontoon members so as to be raised and lowered in a water body.
As to claim 2, Pritchett also discloses a plurality of airlift assemblies (24). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of airlift assemblies as disclosed by Pritchett, since doing so provides the expected benefit of controlling buoyancy of pontoon members so as to be raised and lowered in a water body.
As to claim 3, Pritchett discloses (see figure 2, the valves 26 and 28, appear to be tee wye type fittings) wherein each airlift assembly comprises a body including a length of pipe attached to a tee wye fitting, an end of the pipe opposite the tee wye filling is open, an upper end of the tee wye fitting is sealed, and a lateral end of the tee wye fitting is open.
As to claim 8, Aqua discloses wherein the PET layers define boundaries of a central channel through the floating wetland system.
As to claim 9, Pritchett discloses airlift assemblies 24 positioned along the central channel with discharges oriented along the central channel. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of airlift assemblies as disclosed by Pritchett, since doing so provides the expected benefit of controlling buoyancy of pontoon members so as to be raised and lowered in a water body.
As to claim 10, Aqua disclose the floating wetland system may be used to culture oysters. As such, the float wetland of Aqua may include a layer of oyster shells placed on the decking in the central channel.
Allowable Subject Matter
Claims 4-7 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:
As to claim 4, the prior art of record fails to show or suggest the floating wetland system wherein each airlift assembly further comprises air supply tubing connected to a valve at the sealed upper end of the tee wye fitting and connected to a bubbler disposed in the body of the airlift assembly.
Response to Arguments
Applicant’s arguments, see amendment, filed 12/2/25, with respect to the rejection(s) of the claim(s) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as stated above.
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 FREDERICK L LAGMAN whose telephone number is (571)272-7043. The examiner can normally be reached Tuesday-Friday 8am-6:00pm.
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/FREDERICK L LAGMAN/Primary Examiner, Art Unit 3678