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.
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)(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.
Claim(s) 1-3 and 12-13 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Ichikawa (JP H06127474 A; cited by Applicant). With respect to claim 1, Ichikawa discloses the claimed device for generating a fluid flow, extending in a longitudinal direction with a frame (inherently to attach to the ship), at least one flange (structure supporting the membrane 11 in Figure 4, at least one membrane 11 extending transversely and arranged opposite the at least one flange, at least one membrane having an outer surface oriented towards the outside of the device, an actuator 10 configures to cause the at least one membrane to move in translation in an alternating manner and no wall being opposite the outside surface of the at least one membrane. With respect to claims 2-3, note Ichikawa, Figure 4. With respect to claims 12-13, note Ichikawa, Figures 1-2, 4.
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) 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ichikawa (JP H06127474 A; cited by Applicant) in view of Drevet (FR 2861910 A1; cited by Applicant). With respect to claims 7, 9, Ichikawa does not disclose the claimed central opening or free central zone. Drevet teaches a central opening (Figures 2, 8) and a free central zone (Figure 2). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Ichikawa with a central opening and a free central zone as taught by Drevet with a high likelihood of success for improved fluid movement generation. The combination combines known features to achieve predictable results. Further, it is noted that a person of ordinary skill in the art before the effective filing date of the claimed invention would have years of experience and advanced degrees in such a complex art. Such a person would be familiar with various membrane systems and would have found the combination to have been obvious.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ichikawa (JP H06127474 A; cited by Applicant). With respect to claim 8, Ichikawa does not disclose the claimed oval shape. It would have been an obvious choice of engineering design to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Ichikawa with an oval shape with a high likelihood of success for improved fluid movement generation. The combination combines known features to achieve predictable results. Further, it is noted that a person of ordinary skill in the art before the effective filing date of the claimed invention would have years of experience and advanced degrees in such a complex art. Such a person would be familiar with various membrane shapes and would have found the combination to have been obvious. Note also MPEP 2144.04 IV B.
Claims 4-6, 10-11 and 14-20 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 prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Agrawal (DE 102006037331 A) shows a membrane pump. Zong et al (CN 106585934 A) show a membrane pump 27.
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STEPHEN AVILA
Primary Examiner
Art Unit 3617
/STEPHEN P AVILA/Primary Examiner, Art Unit 3615
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