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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 13 February 2026 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1, 32, and 35 are objected to because of the following informalities:
In line 17 of claim 1, “second -moving” should be changed to “second moving”.
In line 12 of claim 32, “first -moving” should be changed to “first moving”.
In line 2 of claim 35, “for and for” should be changed to “and for”, or something similar.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 60 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoseth et al. (NO 20190605). Hoseth discloses a fish pump loading system comprising: a fish loading apparatus (10) having a fish loading inlet (30) and a fish outlet (20); a water flow generator (80) having a water inlet (30) and a flow generator outlet (20); a fish loading flow path (flow path through duct 32) communicating with the fish loading inlet and the fish outlet to receive a first input water stream including a combination of fish and water and to transmit the combination of fish and water to a fish pump entrance; a water modification flow path (flow path where the suction current of suction duct inlet 30 transitions to the output current of outlet 20) communicating with the water inlet and the flow generator outlet to receive a second input water stream independent of the first input water stream (page 10, line 37 - col. 11, line 3 teaches adjusting either the current in the outlet channel 22 or the current in the suction channel 32, thus teaching a second input water stream is independent of the first water input stream.) and to produce a modified output water stream; the water modification flow path interacting with the fish loading flow path to produce: a conversion zone (zone where the suction current of suction duct inlet 30 transitions to the output current of outlet 20) having a first moving conversion current drawing into the fish pump entrance to convert the fish into the fish pump entrance after the fish swim into the conversion zone; and a loading zone (zone adjacent outlet 20) adjacent the conversion zone having a second moving current, to draw upstream-swimming fish towards the conversion zone (Figs. 1 - 4; page 8, line 20 - page 9, line 30).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 - 5, 7, 8, 13, 18, 32, 35, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Hoseth et al. in view of Hassinger (EP 1988216).
Regarding claims 1 and 32, Hoseth discloses a fish pump loading system (device 10) comprising: a pump suction inlet (suction duct opening 30) configured to receive a first input water stream including a combination of fish (60') and water; at least one water flow generator (pump 80) comprising: a water flow generator inlet configured to receive a second input water stream (water stream flowing out of outlet duct 22) that is independent of the first input water stream (page 10, line 37 - col. 11, line 3 teaches adjusting either the current in the outlet channel 22 or the current in the suction channel 32, thus teaching a second input water stream is independent of the first water input stream.); the at least one water flow generator (80) being positioned in proximity to the pump suction inlet (30) such that the first input water stream interacts with and alters the modified output water stream to produce: an attraction zone (zone adjacent outlet 20) to draw upstream-swimming fish towards the pump suction inlet, the attraction zone having a first attraction current; and a conversion zone (zone where the suction current of suction duct inlet 30 transitions to the output current of outlet 20) adjacent the attraction zone and having a second moving conversion current drawing into the pump suction inlet (30) to convert the fish into the first input water stream after the fish swim into the conversion zone; and a pump suction outlet (suction duct outlet 32) configured to transmit the combination of fish and water to a fish pump entrance (Figs. 1 - 4; page 8, line 20 - page 9, line 30). Hoseth fails to disclose a water flow generator nozzle configured to modify the second input water stream at an outlet of the at least one water flow generator to produce a modified output water stream. Hassinger teaches a water flow generator nozzle (20) configured to modify an input water stream at an outlet of a water flow generator (pump 10) to produce a modified output water stream (Figs. 1 and 2; abstract; paragraphs 0014 and 0015) for strengthening the routing current in a fish migration device while ensuring that turbulence does not exceed the natural measure. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with a water flow generator nozzle located at the outlet duct opening as taught by Hassinger for strengthening the routing current in a fish migration device while ensuring that turbulence does not exceed the natural measure.
Regarding claim 2, Hoseth discloses all of the claim limitation(s) except a water concentrator, and the water concentrator comprises: a water concentrator inlet configured to receive the second input water stream; and a water concentrator nozzle configured to concentrate the second input water stream at the outlet of the water flow generator to produce the modified output water stream. Hassinger teaches a water concentrator, and the water concentrator comprises: a water concentrator inlet (opening at the end of pipe 2 nearest nozzle 20; Fig. 2) configured to receive the second input water stream; and a water concentrator nozzle (unlabeled Venturi nozzle in pipe 2; ) configured to concentrate the second input water stream at the outlet of the water flow generator to produce the modified output water stream (Fig. 2; paragraph 0015) to prevent the fish from swimming into the at least one water flow generator. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the water concentrator and a water concentrator nozzle as taught by Hassinger to prevent the fish from swimming into the at least one water flow generator.
Regarding claims 3 and 7, Hoseth further discloses a water diffuser, and the water diffuser comprises: a water diffuser inlet (opening at the narrow end of funnel-shaped end of duct 22) configured to receive the second input water stream; and a water diffuser nozzle (funnel-shaped end of duct 22 adjacent outlet 20) configured to diffuse the second input water stream at the outlet of the at least one water flow generator to produce the modified output water stream (Figs. 3 - 4).
Regarding claim 4, Hoseth fails to disclose the at least one water flow generator comprises a water concentrator configured to create a water jet, the water concentrator positioned behind the pump suction inlet to create a cross-flow such that the second moving conversion current passed through the first attraction current which is diffuse. Hassinger teaches a water concentrator configured to create a water jet, the water concentrator (section of pipe 2 in which the Venturi nozzle is located) positioned behind the pump suction inlet (Figs. 1 and 2; abstract; paragraphs 0014 and 0015) for strengthening the routing current in a fish migration device while ensuring that turbulence does not exceed the natural measure. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with a water concentrator as taught by Hassinger for strengthening the routing current in a fish migration device while ensuring that turbulence does not exceed the natural measure. Examiner takes the position that modifying the apparatus as disclosed by Hoseth with the water concentrator as taught by Hassinger would obviously create a cross-flow such that the second fast-moving conversion current passed through the first attraction current which is diffuse.
Regarding claim 5, Hoseth further discloses the conversion zone (zone where the suction current of suction duct inlet 30 transitions to the output current of outlet 20) is created at an intersection of the second moving conversion current and the first attraction current (Figs. 3 and 4).
Regarding claim 8, Hoseth further discloses the at least one water flow generator (80) is positioned with respect to the pump suction inlet to create a laminar flow, the laminar flow comprising a first portion of which wraps back to the pump suction inlet (30) creating the second moving conversion current; and a second portion of which is jetted outwards creating the attraction current (Figs. 3 and 4).
Regarding claim 13, Hoseth further discloses a plurality of deflector fins (division elements 42) positioned to create a set of diffusion chambers diffuse the second input water stream into a dispersed flow stream that is jetted outward for creating the attraction zone (zone adjacent outlet 20) and the conversion zone (zone where the suction current of suction duct inlet 30 transitions to the output current of outlet 20) (Figs. 1 - 4).
Regarding claim 18, Hoseth further discloses a pump suction intake (unlabeled outwardly- extending lip located adjacent the outlet 20) provided between the pump suction inlet (30) and the fish pump entrance, the pump suction intake configured to transition fish into the pump suction inlet (Figs. 1 and 2).
Regarding claim 35, Hoseth further discloses a loading zone (zone in which fish 60' are located in Figs. 3 and 4) adjacent to the conversion zone (zone where the suction current of suction duct inlet 30 transitions to the output current of outlet 20) for receiving fish and water and for loading the fish and water into the conversion zone (Figs. 3 and 4).
Regarding claim 40, Hoseth further discloses the at least one water flow generator (80) is positioned to produce an attraction zone (zone adjacent outlet 20) to draw upstream-swimming fish towards the fish pump entrance, the attraction zone having a first attraction current (Figs. 3 and 4).
Claims 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hoseth et al. in view of Hassinger as applied to claims 1 and 4 above, and further in view of Stipanov (US 3,820,342).
Regarding claim 6, Hoseth in view of Hassinger discloses all of the claim limitation(s) except a fish guidance device configured to direct fish moving along the attraction current to the cross-flow. Stipanov teaches a fish guidance device (lights, noise, air bubbles) configured to direct fish (col. 3, lines 1 - 3). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the fish guidance device as taught by Stipanov to attract fish and keep the fish moving through the system.
Regarding claim 17, Hoseth in view of Hassinger discloses all of the claim limitation(s) except a fish attraction means selected from the group consisting of: a light source, a fish-attracting colour, a sound source and an electrical fish stimulus. Stipanov teaches a fish attraction means comprising a light source and a sound source (col. 3, lines 1 - 3). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the fish attraction means as taught by Stipanov to attract fish and keep the fish moving through the system.
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hoseth et al. in view of Hassinger as applied to claim 1 above, and further in view of Lindgren (US 2018/0206458).
Regarding claim 18, Hoseth in view of Hassinger discloses all of the claim limitation(s) except a pump suction intake provided between the pump suction inlet and the fish pump entrance, the pump suction intake configured to transition fish into the pump suction inlet. Lindgren teaches a pump suction intake (reducing wall 22) provided between the pump suction inlet (ring frame 24 of collection structure 20) and the fish pump entrance (pump suction member 16), the pump suction intake configured to transition fish into the fish pump suction (Fig. 1; paragraphs 0011, 0025, and 0026) for directional positioning of fish entering a fish transfer pump. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the pump suction intake, pump suction inlet, and fish pump entrance as taught by Lindgren for directional positioning of fish entering a fish transfer pump.
Regarding claim 19, Hoseth in view of Hassinger discloses all of the claim limitation(s) except the pump suction intake comprises a pump suction concentrator configured to concentrate the first input water stream as the first input water stream approaches the fish pump entrance. Lindgren teaches the pump suction intake comprises a pump suction concentrator (see reducing wall 22 of the collection structure 20) configured to concentrate the first input water stream as the first water input stream approaches the fish pump entrance (Fig. 1; paragraphs 0011, 0025, and 0026). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the pump suction concentrator as taught by Lindgren for directional positioning of fish entering a fish transfer pump.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Hoseth et al. in view of Hassinger as applied to claim 1 above, and further in view of Aittaniemi (US 2019/0119874). Hoseth in view of Hassinger discloses all of the claim limitation(s) except a water conditioner configured to combine an additive with the first input water stream or the second input water stream. Aittaniemi teaches a water conditioner (pump used to pump air or oxygen into water located in a tube) configured to combine an additive (air, oxygen) with a water stream (stream of water flowing through a tube) (paragraphs 0127 and 0129) to indicate the number of fish in a water stream flowing through a tube. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the water conditioner as taught by Aittaniemi to indicate the number of fish in the first input water stream or the second input water stream.
Allowable Subject Matter
Claims 27, 28, and 58 are allowed.
Response to Arguments
Applicant's arguments filed 02 March 2026 have been fully considered but they are not persuasive.
Applicant argues that Hoseth fails to teach “a first input water stream” and “a second input water stream independent of the first input water stream”. Examiner replies that Hoseth teaches a first input water stream (water stream flowing through channel opening 32) and a second water input water stream (water stream flowing through channel opening 22), wherein water flow through channel 32 is established using a pump (i.e. vacuum pump) and water flow through channel 22 is established with a pump 80 (page 9, lines 4 - 8). Examiner takes the position that since page 10, line 37 - col. 11, line 3 of Hoseth teaches adjusting either the current in the outlet channel 22 or the current in the suction channel 32, Hoseth teaches a second input water stream is independent of the first water input stream.
Applicant argues that Hoseth appears to operate using passive suction as opposed to the fluid dynamic approach of the invention. Examiner replies that Hoseth operates using an active suction approach including a vacuum pump (page 9, lines 1 - 8). Examiner notes that the claim does not recite any limitations that preclude the interpretation of the suction system as disclosed by Hoseth as the fluid dynamic approach as recited in claim 60.
Applicant argues that there is no teaching or guidance in Hoseth to implement the system configured to receive two independent water streams. Examiner takes the position that since page 10, line 37 - col. 11, line 3 of Hoseth teaches adjusting either the current in the outlet channel 22 or the current in the suction channel 32, Hoseth teaches a second input water stream is independent of the first water input stream.
Applicant argues that one of ordinary skill in the art would not be motivated to rely on the alleged combination of Hoseth and Hassinger to arrive at the subject matter of claims 1 and 32 because Hoseth and Hassinger are directed to different arts. Examiner replies that both Hoseth and Hassinger are directed to systems for moving water and fish through a fishway and, therefore, it would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with a water flow generator nozzle located at the outlet duct opening as taught by Hassinger for strengthening the routing current in a fish migration device while ensuring that turbulence does not exceed the natural measure.
Examiner notes that the header on page 1 of the claims dated 3/2/2026 refers to a different application (17/952,621), but since the headers on subsequent pages of the claim set include the correct application number (18/577,302) it is clear that the claims included in the amendment dated 3/2/2026 are directed to the present application.
Conclusion
THIS ACTION IS MADE FINAL. 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 SEAN D ANDRISH whose telephone number is (571)270-3098. The examiner can normally be reached Mon-Fri: 6:30 AM - 4:00 PM.
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/SEAN D ANDRISH/Primary Examiner, Art Unit 3678
SA
4/28/2026
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