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 § 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(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese Patent JP 2005040062 to Yamaguchi.
Regarding Claims 1 and 5, Yamaguchi teaches a method of assembling a reef frame and the structure of a reef frame (Yamaguchi Fig. 10 #1), comprising: a frame structure comprising a plurality of interconnected beams; a plurality of deployment hooks (Yamaguchi Fig. 10 #2) directly connected to the frame structure, and configured to releasably connect to a plurality of articles (Yamaguchi Fig. 10 #21); and a plurality of buoys (Yamaguchi Fig. 10 #24), wherein each buoy of the plurality of buoys is attached to a respective deployment hook of the plurality of deployment hooks, wherein each of the plurality of deployment hooks is to be attached to a respective link (Yamaguchi Fig. 10 #19) of each of the plurality of articles.
Regarding Claims 2 and 6, Yamaguchi teaches the plurality of interconnected beams of the frame structure are made of steel (Yamaguchi first paragraph of English Translation Mode-for-invention).
Regarding Claims 3 and 7, Yamaguchi teaches the frame structure defines a square (Yamaguchi Fig. 1 #1; Fig. 2 #5) layout, or a circular layout.
Regarding Claims 4 and 8, Yamaguchi teaches the frame structure comprises at least one attachment link (Yamaguchi Fig. 11 and 13 #30) configured to attach to a crane, a lift, or a hoist (Applicant doesn’t positively claim the crane, lift of hoist, the structure of Yamaguchi #30 is a link configured to attach).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments are more detailed than the claims themselves. When determining
patentability, the limitations of the claims are evaluated and not the distinct advantages as
argued by applicant. Currently, the limitations of the claims do not distinguish. In addition, the
claimed invention must result in a structural difference between the claimed invention and the
prior art in order to patentably distinguish the claimed invention from the prior art. For example, applicant doesn’t claim open ended hooks.
The examiner maintains that applicant hasn't patentably distinguished over the prior art
of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREA M VALENTI whose telephone number is (571)272-6895. The examiner can normally be reached Available Monday and Tuesday only, eastern time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREA M VALENTI/Primary Examiner, Art Unit 3643
21 July 2026
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