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.
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 1-19 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.
Claims 1, 9 and 17 all recite the limitation “a lightweight material”. This limitation is indefinite as a person having ordinary skill in the art would not be able to determine what materials constitute a lightweight material. The specification discloses that possible options for the lightweight material could be an organic polymer (par. 0012), polyethylene, nylon or a biodegradable, waterproof or water-repellant polymer such as thermoplastic polyurethanes (par. 0013), or fabric (such as a woven polyester or nylon or cotton) or a paper, coated or impregnated with an organic polymer (par. 0056) but never defines any boundaries for what would be considered lightweight. No numerical ranges are recited for the density or weight of the material.
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 1-3, 5, 9, 10, 12, 15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Biley et al. (US Patent Application Publication No. 2013/0309014) in view of Edwards et al. (US Patent Application Publication No. 2014/0361018).
In reference to claim 1, Biley discloses a system for packaging seaweed and/or aquatic plants, comprising:
a wrapping mechanism 404 configured to wrap the seaweed or aquatic plants in a watertight lightweight material (par. 0061, “sealed in plastic”),
a fastening and/or sealing mechanism configured to attach the lightweight material around the seaweed or aquatic plants therein (par. 0061, the mechanism isn’t explicitly disclosed, but as the seaweed is “sealed in plastic”, the plastic must have been fastened or sealed around it by something that constitutes a fastening and/or sealing mechanism).
Biley fails to disclose a unitizer or link former configured to form fastened units from the lightweight material with the seaweed or aquatic plants therein.
Edwards discloses a unitizer or link former 128 configured to form fastened units from the lightweight material 112 (par. 0020, Figs. 1-3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a unitizer or link former to fasten the units together with a reasonable expectation of success so that the units can be handled together as one rather than separately.
In reference to claim 2, Edwards discloses one or more rollers which has the lightweight material 112 in a roll thereon (Fig. 1).
In reference to claim 3, Edwards discloses that the lightweight material 112 comprises an organic polymer (par. 0015, “polypropylene”).
In reference to claim 5, Biley discloses that the “bales may be sealed in plastic” (par. 0061). The sealed bales constitute pods, casings packets or parcels.
In reference to claim 9, Biley discloses a method of packaging seaweed and/or aquatic plants, comprising:
wrapping the seaweed or the aquatic plant(s) in the lightweight material (par. 0061, “bales may be sealed in plastic”) and
fastening the lightweight material to form a water holding packaged unit 28 in which the seaweed or aquatic plant(s) is fastened, secured or otherwise contained in the lightweight material (par. 0061).
Biley fails to disclose placing or depositing the seaweed or the aquatic plant(s) adjacent to a two-dimensional manifold of a lightweight material.
Edwards discloses placing or depositing material to be packaged adjacent to a two-dimensional manifold of a lightweight material 112 (Fig. 1, material 112 is generally two-dimensional while being wrapped around tensioners 114). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to place of deposit the seaweed or aquatic plant adjacent to a two-dimensional manifold of lightweight material with a reasonable expectation of success so that the seaweed or aquatic plant can be wrapped in the lightweight material and sealed.
In reference to claim 10, Edwards discloses that the lightweight material 112 comprises an organic polymer (par. 0015, “polypropylene”).
In reference to claim 12, Biley fails to disclose repeating the method to form a series of linked packaged units of seaweed or aquatic plant(s).
Edwards discloses forming a series of linked packaged units (par. 0020, Figs. 1-3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form a series of linked packaged units with a reasonable expectation of success so that the units can be handled together as one rather than separately.
In reference to claim 15, Biley fails to disclose that the seaweed or aquatic plant(s) is/are placed or deposited in a sleeve or cylinder of the lightweight material, and sealing the lightweight material comprises compressing or stitching the lightweight material cross-wise to form the packaged unit or link.
Edwards discloses that materials is/are placed or deposited in a sleeve or cylinder of the lightweight material 112 (Fig. 1), and sealing the lightweight material 112 comprises compressing (Fig. 3, with seal bars 128) the lightweight material 112 cross-wise to form the packaged unit or link (Fig. 3).
In reference to claim 17, Biley discloses packaged seaweed and/or aquatic plant(s), comprising:
the seaweed or aquatic plant(s) in the lightweight material (par. 0061).
Biley fails to disclose if the lightweight material is folded onto itself and fastened, sealed and/or stitched at a plurality of borders thereof.
Edwards discloses lightweight material 112 folded onto itself and fastened (Figs. 1-3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to fold the lightweight material onto itself and fasten it with a reasonable expectation of success as it is a means known in the art to be effective for sealing a lightweight material around something to be packaged.
In reference to claim 18, Biley fails to disclose the mass of seaweed within each bale. However, packing at least 150 kg into each bale amounts to a change in size of the existing system and it has been held that changes in size are within the range of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). In this case, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form the packaged seaweed so that the package contains at least 150 kg of seaweed with a reasonable expectation of success to maximize the size of each package and reduce the total number of packages.
In reference to claim 19, Biley fails to disclose a plurality of the packaged seaweed and/or aquatic plant(s) of claim 17, linked together in a series.
Edwards discloses a plurality of packages linked together in series (Fig. 2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form a series of linked packages with a reasonable expectation of success so that the packages can be handled together as one rather than separately.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Biley et al. (US Patent Application Publication No. 2013/0309014) in view of Edwards et al. (US Patent Application Publication No. 2014/0361018) as applied to claim 1 above, and further in view of Soubier (US Patent No. 2,194,451).
In reference to claim 4, Biley fails to disclose a material closing ramp or a compression ring.
Soubier discloses a material closing ramp and compression ring 12 (Fig. 2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a material closing ramp and a compression ring with a reasonable expectation of success as this combination is known in the art to be effective for packaging materials.
Claims 6-8, 13, 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Biley et al. (US Patent Application Publication No. 2013/0309014) in view of Edwards et al. (US Patent Application Publication No. 2014/0361018) as applied to claims 1 and 9 above, and further in view of Jeronimidis et al. (US Patent No. 5,083,417).
In reference to claim 6, Biley discloses a system for harvesting and/or collecting the seaweed and/or aquatic plants that comprises:
a platform 314,
a first conveyor 12 configured to collect the seaweed or aquatic plant from a body of water and transport the seaweed or aquatic plant to the platform 314 (pars. 0053), and
a second conveyor 394 configured to transport the seaweed or aquatic plant (par. 0058).
Biley fails to disclose that the conveyor is configured to transport the seaweed or aquatic plant from the platform to a deck of an aquatic vessel.
Jeronimidis discloses a conveyor 37 that conveys seaweed bales 38 to a deck of an aquatic vessel 39 (Fig. 2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to configure a conveyor to transport the seaweed or aquatic plant to a deck of an aquatic vessel with a reasonable expectation of success so that space for the baled seaweed does not have to be provided on the platform.
In reference to claim 7, Biley and Edwards, in combination, disclose the system of claim 1 (see above) wherein the system is configured to process the seaweed and/or aquatic plants (Fig. 11, par. 0061).
Biley fails to disclose an aquatic vessel, having a deck, and the aquatic vessel is configured to transport the fastened units.
Jeronimidis discloses an aquatic vessel 39, having a deck (Fig. 2), and the aquatic vessel 37 is configured to transport the units 38. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include an aquatic vessel with a reasonable expectation of success so that space for the baled seaweed does not have to be provided on the platform.
In reference to claim 8, Jeronimidis discloses that the aquatic vessel 39 is a ship or a boat (Fig. 2).
In reference to claim 13, Biley fails to disclose transporting the seaweed or aquatic plant(s) on a body of water using an aquatic vessel.
Jeronimidis discloses transporting the seaweed or aquatic plants on a body of water using an aquatic vessel 39 (Fig. 2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to transport the seaweed or aquatic plants with an aquatic vessel with a reasonable expectation of success so that space for the baled seaweed does not have to be provided on the platform.
In reference to claim 14, Jeronimidis discloses that the aquatic vessel 39 is a ship or boat (Fig. 2), and the body of water is a lake, bay, inlet, river, gulf, sea or ocean (Fig. 2).
In reference to claim 16, Biley fails to disclose collecting the seaweed or aquatic plant(s) from the body of water, transporting the seaweed or aquatic plant(s) to a platform using a first conveyor, and transporting the seaweed or aquatic plant(s) from the platform to a deck of a vessel using a second conveyor.
Jeronimidis discloses collecting the seaweed 33 or aquatic plant(s) 33 from the body of water 32, transporting the seaweed 33 or aquatic plant(s) 33 to a platform 31 using a first conveyor 30, and transporting the seaweed 33 or aquatic plant(s) 33 from the platform 31 to a deck of a vessel 39 using a second conveyor 37.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to collect seaweed or aquatic plants from a body of water rather than from a beach adjacent to a body of water with a reasonable expectation of success so that the body of water can be cleared of seaweed. It also would have been obvious to a person having ordinary skill in the art to transport seaweed from the platform to a vessel with a reasonable expectation of success so that space for the baled seaweed does not have to be provided on the platform.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Biley et al. (US Patent Application Publication No. 2013/0309014) in view of Edwards et al. (US Patent Application Publication No. 2014/0361018) as applied to claim 9 above, and further in view of McCormick (US Patent No. 3,994,116).
In reference to claim 11, Biley and Edwards fail to disclose that sealing the lightweight material may comprise stitching one or more edges of the lightweight material to an opposite edge or other part of the lightweight material, and compressing or stitching the lightweight material cross-wise.
McCormick discloses that sealing a lightweight material may comprise stitching one or more edges of the lightweight material to an opposite edge or other part of the lightweight material. And compressing or stitching the lightweight material cross-wise (Fig. 3, col. 2, lines 27-33). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to stitch the lightweight material with a reasonable expectation of success as it amounts to a substitution of equivalents to perform the same function, which is in this case to seal a bale of material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Szabo (US Patent Application Publication No. 2018/0098497) discloses a system for harvesting aquatic plants (Figs. 1 and 7); McNabb (US Patent No. 5,487,258) discloses a system for harvesting aquatic plants and packing them into bales 40 (Fig. 1); Huff (US Patent No. 3,498,033) discloses harvesting aquatic plants with a platform 12 (Fig. 2) and packaging the plants into a bundle 150 (Fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRAD HARCOURT whose telephone number is (571)272-7303. The examiner can normally be reached Monday through Friday, 9am to 6pm.
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, Doug Hutton can be reached at (571)272-4137. 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.
/BRAD HARCOURT/Primary Examiner, Art Unit 3674
1/05/26