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 § 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 1-15 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 1 recites “at least one orifice” in line 3 and “each of the at least one orifice” in line 4. “At least one” encompasses one orifice, or multiple orifices. The word “each” in the phrase “each of the at least one” implies multiple orifices. It is unclear if applicant intends for claim 1 to recite at least one orifice or multiple orifices only. Appropriate correction is required. Claims 2-15 are rejected as they depend upon claim 1.
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 1-2, 4-7, 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Vladimir (SU 1375172 A1) in view of Kati (US 20160219811 A1).
Regarding claim 1, Vladimir discloses an apparatus for at least partially stripping seaweed (2) from a net (substrate 1) comprising the seaweed, wherein the apparatus comprises at least one harvest plate (6), wherein the harvest plate comprises at least one orifice (8) extending through the harvest plate, wherein each orifice is configured to receive a respective net containing seaweed, and is configured to at least partially strip the seaweed from the respective net as the respective net is passed through the orifice (paragraph 0020);
wherein each orifice (8) comprises a respective release channel (9), which extends from the orifice to an edge of the harvest plate (see fig. 1), for releasing the net from the orifice (paragraph 0015).
Vladimir does not disclose wherein the net is cylindrical.
In the same field of endeavor, Kati discloses a harvesting substrate (110) that may be a cylindrical net (paragraph 0057).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided Vladimir with a cylindrical net, as disclosed by Kati, as one of several possible alternative harvesting substrates for growing and carrying seaweed.
Regarding claim 2, Vladimir, of the resultant combination, discloses an apparatus according to claim 1, wherein each orifice is circular in cross section (paragraph 0015).
Regarding claim 4, Vladimir discloses an apparatus according to claim 1, further comprising a conveying device (not shown) configured to receive the stripped seaweed, wherein the conveying device is at least partially located underneath the harvest plate (paragraph 0020).
Regarding claim 5, Vladimir, of the resultant combination, discloses a method of harvesting seaweed by at least partially stripping seaweed from a cylindrical net (1) comprising the seaweed using the apparatus of claim 1, wherein the method comprises:
passing the cylindrical net (1) comprising the seaweed (2) through the at least one orifice (8) of the harvest plate (6); and
at least partially stripping the seaweed (2) from the cylindrical net (1) to produce a harvested seaweed as the cylindrical net is passed through the at least one orifice (8) of the harvest plate (paragraph 0020).
Regarding claim 6, Vladimir, of the resultant combination, discloses a method according to claim 5, wherein the seaweed is located in the cylindrical net and at least partially projects from an outer surface of the cylindrical net (see fig. 1) prior to the cylindrical net being passed though the at least one orifice (8) of the harvest plate (6).
Regarding claim 7, Vladimir discloses a method according to claim 5, wherein the method further comprises:
stopping the net (1) passing through the at least one orifice (8) of the harvest plate (6); and
moving the net (1) through the respective release channel (9) of each orifice to release the net from the at least one orifice of the harvest plate (paragraphs 0015, 0020).
Regarding claim 14, Vladimir, of the resultant combination, discloses a seaweed product (2) produced by a method according to claim 5 (paragraphs 0008, 0020).
Regarding claim 15, Vladimir, of the resultant combination, discloses the apparatus of claim 1, which may be used in both coastal and marine conditions (paragraph 0008).
Vladimir does not disclose a nautical craft comprising the apparatus of claim 1.
Kati further discloses a nautical craft (104, fig. 10) that carries an apparatus for stripping seaweed (102).
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 nautical craft with the apparatus of Vladimir in view of the teaching by Kati that it is known in the art to provide a nautical craft with a stripping apparatus.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Vladimir (SU 1375172 A1) in view of Kati (US 20160219811 A1), and further in view of Yu (KR 20120010440 A).
Regarding claim 3, the resultant combination discloses an apparatus according to claim 1.
The combination does not disclose wherein the harvest plate comprises a plurality of orifices, wherein each of the plurality of orifices comprises a respective release channel for releasing the respective cylindrical net from the orifice.
In the same field of endeavor, Yu discloses an apparatus (29, fig. 2) for stripping seaweed from a net having a plurality of orifices (29a, 29d) for receiving a respective net (21).
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 combination with a plurality of orifices as disclosed by Yu to yield the predictable result of a harvesting apparatus having multiple orifices to harvest multiple nets.
Additionally, it has been held that mere duplication of the essential working parts of a device involves only routine skilled the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claims 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Vladimir (SU 1375172 A1) in view of Kati (US 20160219811 A1), and further in view of Katzen (US 20050048080 A1).
Regarding claim 8, the resultant combination discloses a method according to claim 5.
The combination does not disclose subjecting the harvested seaweed to a post-harvest treatment.
Katzen discloses subjecting harvested seaweed (paragraph 0061) to a post-harvest treatment to provide a product having a substantially reduced mineral content and an increased nutritional value that can be used in larger quantities (paragraph 0037).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to subject the harvested seaweed of the resultant combination to a post-harvesting treatment as disclosed by Katzen to increase the nutritional value of the harvested seaweed.
Regarding claim 9, Katzen, of the resultant combination, discloses a method according to claim 8, wherein the post-harvest treatment is selected from the group consisting of washing, preserving treatments, color removal treatments, odor removal treatments, and combinations thereof (paragraph 0021).
Regarding claim 10, the resultant combination discloses a method according to claim 5.
The combination does not disclose drying the harvested seaweed.
Katzen discloses subjecting harvested seaweed (paragraph 0061) to drying (paragraph 0078) as part of a process to provide a product having a substantially reduced mineral content and an increased nutritional value (paragraph 0037).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to dry the harvested seaweed of the resultant combination as disclosed by Katzen to increase the nutritional value of the seaweed.
Regarding claim 11, Katzen, of the resultant combination, discloses a method according to claim 10, wherein the harvested seaweed is sun dried (paragraph 0078).
Regarding claim 12, Katzen, of the resultant combination, discloses a method according to claim 10, further comprising washing the dried harvested seaweed (paragraph 0021).
Regarding claim 13, Katzen, of the resultant combination, discloses a method according to claim 10, further comprising milling the dried harvested seaweed (paragraph 0091).
Response to Arguments
Applicant’s arguments have been considered but are moot because new grounds of rejection are being applied utilizing a new interpretation of the prior art references in light of the claim amendments. Please see the above rejections for further details.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELINE RUNCO whose telephone number is (469)295-9123. The examiner can normally be reached 8-4:30 M-F.
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/MADELINE I RUNCO/ Examiner, Art Unit 3671
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