Detailed Action
Amendment
1. This office action is in response to applicant’s amendments dated 5-18-26 and this office action is a final rejection.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
2. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Regarding claim 38, applicant has invoked 35 U.S.C. 112(f) means plus function analysis with respect to the claimed sonar-based positioning system and as seen in applicant’s originally filed disclosure the sonar-based positioning system is detailed as in one or more arrangements, as examples, control assembly 30 may also include additional components such as sonar and/or a side scan sonar mount. In the arrangement shown, as one example, the sonar and/or side scan sonar mounts are configured to provide information on the position of system 10 when it is in an enclosed space and/or submerged in fluid or other materials. In one or more arrangements, as examples, there are four sonars placed in each of the four corners of a tank in which system 10 will be or is submerged. In the arrangement shown, as one example, the sonars send a signal out and, from that signal, the position of system 10 within the tank can be determined, or at least closely estimated, based on the sonar readings. In this arrangement, as one example, the sonar readings can be sent to a display which will visually display the approximate location of system 10 within the tank. Additionally or alternatively, in one or more arrangements as examples, control assembly 30 may include a side scan sonar mount. In this arrangement, as one example, the side scan sonar mount is placed at or near the forward end 12 of system 10 and sends out a signal in front of system 10 which will show if there is material located in front of system 10. In this arrangement, the signal from side scan sonar mount can be sent to a display which will visually display what is in front of system 10 and the visual display will show different materials as different colors, depending on the thickness or density of the material. From these different colored shapes a user can determine what it is that is in front of system 10. For example, sludge which should be removed from the floor where system 10 is located may be displayed as, by way of example and not limitation, a dark orange/dark red color while a solid object, such as a concrete wall, may be displayed as, by way of example and not limitation, purple. In this way, the side scan sonar mount can help a user determine which direction to move system 10, as detailed in pages 68-69 of applicant’s originally filed specification.
Regarding claim 39, applicant has not invoked 35 U.S.C. 112(f) means plus function analysis with respect to the sonar-based positioning system in that applicant claims specific structure related to the sonar-based positioning system being the claimed side-scan sonar.
Claim Rejections - 35 USC § 112
3. 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.
Claim 38 is 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. Applicant has invoked 35 U.S.C. 112(f) means plus function analysis with respect to the claimed sonar-based positioning system as detailed earlier in paragraph 2 of this office action and the phrases “as examples” in the passages of “In one or more arrangements, as examples, there are four sonars placed in each of the four corners of a tank in which system 10 will be or is submerged” and in “in one or more arrangements as examples, control assembly 30 may include a side scan sonar mount”, renders the claim indefinite in that it is unclear as to whether other sonar systems than those disclosed are being contemplated by the claim.
Claim Rejections - 35 USC § 103
4. 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 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) 1-27 and 33-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,093,949 to Sloan.
Referring to claims 1 and 11, Sloan discloses a submersible robot system comprising, a pump assembly – at 42-49, the pump assembly having a motor – at 49, a head assembly – at 54-60, the head assembly having a motor – at 60, a first drive member assembly – at one of the two of items 36,38,50,52, the first drive member assembly having a motor – at associated one of 38, a second drive member assembly – the other of items 36,38,50,52, the second drive member assembly having a motor – the other of associated items 38, wherein the pump assembly – at 42-49, is configured to pull material through the head assembly – at 54-60, see at 46,58a in figure 7 and see column 6 lines 46-65, wherein the first drive member assembly – at 36,38,50,52, and the second drive member assembly – and the other of 36,38,50,52, are configured to drive the submersible robot around a floor of an enclosed system – at 10-20 – see figures 3-5, thereby cleaning the floor of the enclosed system – see figures 3-5, wherein the submersible robot system is configured to enter the enclosed system through an opening – at 18, in a wall of the enclosed system – at 10-22 – see figures 1-5 and column 5 line 42 to column 6 line 33. Sloan further discloses a hose system – at 76,78, the hose system having a first hose – at 76, another hose – at 78, wherein the hoses are positioned proximate each other – see figures 7-8, wherein a single electrical cable – at 100, extends proximate the hose system – at 76,78 – see figures 7-8, wherein the single electrical cable – at 100, is at least partially positioned outside the first hose – at 76 – see figures 7-8, and proximate the other hose – at 78 – see figures 7-8, wherein the first hose – at 76, is configured to fluidly connect to the pump assembly – at 44-49 – see at 42 in figures 6-7 and column 7 lines 1-5, wherein the other hose – at 78, is configured to be filled with a gas to allow the hose system to be at least partially buoyant – see figures 7-8 where the hose – at 78 can contain a gas such as air when not filled with material from the pump assembly and the air/gas would be lighter than the liquid/sludge material at the bottom of enclosed system and therefore make the hose – at 78 at least partially buoyant. Sloan does not disclose an inner hose, an outer hose with the inner hose positioned within the outer hose, the single electrical cable extends through the hose system, the single electrical cable is within the outer hose. However, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and have the hoses in any desired configuration including the claimed inner hose within an outer hose, so as to yield the predictable result of protecting the inner hose while making the overall size of the hose system smaller and easier to move through the enclosed system. Further, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and have the single electrical cable within the hose system and within the outer hose, so as to yield the predictable result of protecting the single electrical cable as desired.
Referring to claim 2, Sloan further discloses the opening in the wall of the enclosed system is circular – see at 18 in figures 1-5, but does not disclose the opening is 24 inches in diameter. However, as seen in column 6 lines 16-27, the size of the opening can vary given the phrase “depending on the size of access opening 18” and therefore it would have been obvious to one of ordinary skill in the art to take the device of Sloan and have the access opening any suitable size including the claimed 24 inches in diameter, so as to yield the predictable result of allowing the device to be used in enclosed systems of different sizes and with different access openings as desired.
Referring to claim 3, Sloan further discloses the motor – at 49, of the pump assembly is sealed within a housing – see outer casing/housing of 49 in figures 6-7.
Referring to claim 4, Sloan further discloses the motor of the head assembly – at 60, is sealed within a housing – see outer casing/housing of 60 in figures 6-7.
Referring to claim 5, Sloan further discloses the motor – at one of 38, of the first drive member assembly is sealed within a housing – see outer casing/housing of 38 in figures 6-7.
Referring to claim 6, Sloan further discloses the motor – other of items 38, of the second drive member assembly is sealed within a housing – see outer casing/housing of other of items 38 in figures 6-7.
Referring to claim 7, Sloan further discloses at least one electrical cable – see power to the solenoids – at 116 in figure 11, provides power to each of the motor – at 49, of the pump assembly, the motor – at 60, of the head assembly, the motor – at one of 38, of the first drive member assembly, and the motor – at the other of 38, of the second drive member assembly – see figures, 11,11A and 12 and column 7 line 47 to column 8 line 24, but does not disclose a single electrical cable. However, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and use any suitable number of electrical cables including the claimed single cable, so as to yield the predictable result of making the device easier to manufacture, move and control as desired.
Referring to claim 8, Sloan further discloses the motor – at 38, of the first drive member includes a drive shaft – see at 38 in figures 6-7, and the motor – the other of 38, of the second drive member includes a drive shaft – see other of 38 in figures 6-7, but does not disclose wherein an axis of rotation of the drive shaft of the motor of the first drive member is perpendicular to an axis of rotation of the first drive member, and wherein an axis of rotation of the drive shaft of the motor of the second drive member is perpendicular to an axis of rotation of the second drive member. However, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and have the drive shafts of the motors in any desired configuration including the perpendicular configuration with respect to the axes of rotation of the first and second drive members as claimed, so as to yield the predictable result of allowing the device to be made of sufficient size and have sufficient orientation based on where the device is to be operated.
Referring to claim 9, Sloan further discloses the pump assembly – at 44-49, is removably attached to each of the head assembly – at 54-60, the first drive member – at one of 36,38,50,52, and the second drive member – the other of 36,38,50,52 – see figures 6-7 and column 5 line 42 to column 6 line 33, and wherein when the pump assembly – at 44-49, is removed from the head assembly – at 54-60, the first drive member – one of 36,38,50,52, and the second drive member – at the other of 36,38,50,52, a hose – at 76, may be attached to the head assembly – at 54-60 – see figures 6-7 with attachment via the pump assembly – at 44-49, in order to pull material through the head assembly – see figures 6-7 and column 6 lines 46-65.
Referring to claim 10, Sloan further discloses a control box – at 96-114, 210-212, wherein the control box – at 96-114, 210-212, is configured to control operation of the submersible robot – at 22 – see figures 11,11a-12 and column 7 line 46 to column 8 line 24.
Referring to claims 12, 14, 18-20 and 25, Sloan discloses a submersible robot system comprising, a pump assembly – at 42-49, the pump assembly having a motor – at 49, a head assembly – at 54-60, the head assembly having a motor – at 60, a first drive member assembly – at one of the two of items 36,38,50,52, the first drive member assembly having a motor – at associated one of 38, a second drive member assembly – the other of items 36,38,50,52, the second drive member assembly having a motor – the other of associated items 38, wherein the pump assembly – at 42-49, is configured to pull material through the head assembly – at 54-60, see at 46,58a in figure 7 and see column 6 lines 46-65, wherein the first drive member assembly – at 36,38,50,52, and the second drive member assembly – and the other of 36,38,50,52, are configured to drive the submersible robot around a floor of an enclosed system – at 10-20 – see figures 3-5, thereby cleaning the floor of the enclosed system – see figures 3-5, wherein the submersible robot system is configured to enter the enclosed system through an opening – at 18, in a wall of the enclosed system – at 10-22 – see figures 1-5 and column 5 line 42 to column 6 line 33. Sloan further discloses the opening in the wall of the enclosed system is circular – see at 18 in figures 1-5, but does not disclose the opening is 24 inches in diameter. However, as seen in column 6 lines 16-27, the size of the opening can vary given the phrase “depending on the size of access opening 18” and therefore it would have been obvious to one of ordinary skill in the art to take the device of Sloan and have the access opening any suitable size including the claimed 24 inches in diameter, so as to yield the predictable result of allowing the device to be used in enclosed systems of different sizes and with different access openings as desired. Specific to claims 14 and 19, Sloan further discloses at least one electrical cable – see power to the solenoids – at 116 in figure 11, provides power to each of the motor – at 49, of the pump assembly, the motor – at 60, of the head assembly, the motor – at one of 38, of the first drive member assembly, and the motor – at the other of 38, of the second drive member assembly – see figures, 11,11A and 12 and column 7 line 47 to column 8 line 24, but does not disclose a single electrical cable. However, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and use any suitable number of electrical cables including the claimed single cable, so as to yield the predictable result of making the device easier to manufacture, move and control as desired. Sloan further discloses a hose system – at 76,78, the hose system having a first hose – at 76, another hose – at 78, wherein the hoses are positioned proximate each other – see figures 7-8, wherein a single electrical cable – at 100, extends proximate the hose system – at 76,78 – see figures 7-8, wherein the single electrical cable – at 100, is at least partially positioned outside the first hose – at 76 – see figures 7-8, and proximate the other hose – at 78 – see figures 7-8, wherein the first hose – at 76, is configured to fluidly connect to the pump assembly – at 44-49 – see at 42 in figures 6-7 and column 7 lines 1-5, wherein the other hose – at 78, is configured to be filled with a gas to allow the hose system to be at least partially buoyant – see figures 7-8 where the hose – at 78 can contain a gas such as air when not filled with material from the pump assembly and the air/gas would be lighter than the liquid/sludge material at the bottom of enclosed system and therefore make the hose – at 78 at least partially buoyant. Sloan does not disclose an inner hose, an outer hose with the inner hose positioned within the outer hose, the single electrical cable extends through the hose system, the single electrical cable is within the outer hose. However, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and have the hoses in any desired configuration including the claimed inner hose within an outer hose, so as to yield the predictable result of protecting the inner hose while making the overall size of the hose system smaller and easier to move through the enclosed system. Further, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and have the single electrical cable within the hose system and within the outer hose, so as to yield the predictable result of protecting the single electrical cable as desired.
Referring to claims 13 and 21, Sloan further discloses the motor – at 49, of the pump assembly is sealed within a housing – see outer casing/housing of 49 in figures 6-7. Sloan further discloses the motor of the head assembly – at 60, is sealed within a housing – see outer casing/housing of 60 in figures 6-7. Sloan further discloses the motor – at one of 38, of the first drive member assembly is sealed within a housing – see outer casing/housing of 38 in figures 6-7. Sloan further discloses the motor – other of items 38, of the second drive member assembly is sealed within a housing – see outer casing/housing of other of items 38 in figures 6-7.
Referring to claims 15 and 22, Sloan further discloses the motor – at 38, of the first drive member includes a drive shaft – see at 38 in figures 6-7, and the motor – the other of 38, of the second drive member includes a drive shaft – see other of 38 in figures 6-7, but does not disclose wherein an axis of rotation of the drive shaft of the motor of the first drive member is perpendicular to an axis of rotation of the first drive member, and wherein an axis of rotation of the drive shaft of the motor of the second drive member is perpendicular to an axis of rotation of the second drive member. However, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and have the drive shafts of the motors in any desired configuration including the perpendicular configuration with respect to the axes of rotation of the first and second drive members as claimed, so as to yield the predictable result of allowing the device to be made of sufficient size and have sufficient orientation based on where the device is to be operated.
Referring to claims 16 and 23, Sloan further discloses the pump assembly – at 44-49, is removably attached to each of the head assembly – at 54-60, the first drive member – at one of 36,38,50,52, and the second drive member – the other of 36,38,50,52 – see figures 6-7 and column 5 line 42 to column 6 line 33, and wherein when the pump assembly – at 44-49, is removed from the head assembly – at 54-60, the first drive member – one of 36,38,50,52, and the second drive member – at the other of 36,38,50,52, a hose – at 76, may be attached to the head assembly – at 54-60 – see figures 6-7 with attachment via the pump assembly – at 44-49, in order to pull material through the head assembly – see figures 6-7 and column 6 lines 46-65.
Referring to claims 17 and 24, Sloan further discloses a control box – at 96-114, 210-212, wherein the control box – at 96-114, 210-212, is configured to control operation of the submersible robot – at 22 – see figures 11,11a-12 and column 7 line 46 to column 8 line 24.
Referring to claim 26, Sloan does not disclose the motor of the pump assembly is an electrical motor, the motor of the head assembly is an electrical motor, the motor of the first drive member assembly is an electrical motor, and the motor of the second drive member assembly is an electrical motor. However, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and make each of the motors an electric motor as claimed, so as to yield the predicable result of providing reliable power to the motors while mitigating any potential hydraulic fluid leaks from the device. Further, it is noted that applicant discloses any source of power can be used as the claimed motors as seen in pages 28, 38 and 49 of applicant’s originally filed specification.
Referring to claim 27, Sloan further discloses the motor – at 49, of the pump assembly is sealed within a first housing – outer housing of 49 – see figures 6-7, , the motor of the head assembly – at 60, is sealed within a second housing – outer housing of 60 – see figures 6-7, the motor of the first drive member assembly – at one of 38, is sealed within a third housing – outer housing of 38 – see figures 6-7, and the motor of the second drive member assembly – at the other of items 38, is sealed within a fourth housing – outer housing of 38 – see figures 6-7. Sloan does not disclose the each of the motors are hermetically sealed. However, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and have each of the motors hermetically sealed as claimed, so as to yield the predicable result of making the motors more durable given the enhanced protection from contaminants and debris during use.
Referring to claim 33, Sloan further discloses the head assembly comprises a rear plate – at 54, having an opening – see at inlet of the pipe connecting items 54 and 46 in figures 6-7, and an outlet pipe – pipe between items 54 and 46 as seen in figures 6-7, aligned with the opening – see figures 6-7, wherein the outlet pipe is configured to convey material from the head assembly to the pump assembly – at 44,46 – see figures 6-7.
Referring to claim 34, Sloan further discloses the head assembly comprises a rear plate – at 54, having an opening – see at inlet of the pipe connecting items 54 and 46 in figures 6-7, and an outlet pipe – pipe between items 54 and 46 as seen in figures 6-7, aligned with the opening – see figures 6-7, wherein the outlet pipe is configured to convey material from the head assembly to the pump assembly – at 44,46 – see figures 6-7. Sloan does not disclose the outlet pipe includes a flange fastened to an inlet of the pump assembly. However, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and add the flange fastening the outlet pipe to the pump assembly as claimed, so as to yield the predictable result of removably securing the outlet pipe to the pump for easier assembly and disassembly during installation and maintenance as desired.
Referring to claim 35, Sloan further discloses the first drive member assembly and the second drive member assembly comprise, a track – at 36, extending around a drive wheel – at 50, and an idler wheel – at 52 – see figures 6-7, and a frame – at 34, having an elongated slot – receiving shaft/axle of 52, configured to receive an axle of the idler wheel – at 52 – see figures 6-7, but does not disclose a position of the idler wheel is adjustable along the elongated slot to tension the track. However, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and add the idler wheel being adjustable along the length of the slot so as to yield the predictable result of allowing the track to be easily installed and removed from the device for replacement and maintenance as desired.
Referring to claim 36, Sloan further discloses a robot control box – at 210, having a first drive motor controller for the motor of the first drive member assembly – see figure 10 and column 8 lines 1-24 and column 10 line 16 to column 11 line 15, a second drive motor controller for the motor of the second drive member assembly – see figure 10 and column 8 lines 1-24 and column 10 line 16 to column 11 line 15, and a head motor controller for the motor of the head assembly – see figure 10 and column 8 lines 1-24 and column l0 line 16 to column 11 line 15, a pump control box – at 102, comprising a pump motor controller for the motor of the pump assembly – see figure 10 and column 8 lines 1-24 and column 10 line 16 to column 11 line 15, and a remote controller – at 104, operably coupled to the robot control box and the pump control box and configured to command the motor controllers – see figure 10 and column 8 lines 1-24 and column 10 line 16 to column 11 line 15.
Claim(s) 38 and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sloan as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2014/0271256 to Saylor et al.
Referring to claim 38, Sloan does not disclose a sonar-based positioning system configured to provide information indicative of a position of the submersible robot system within the enclosed system. Saylor et al. does disclose a sonar-based positioning system – at 58,86 configured to provide information indicative of a position of the submersible robot system within the enclosed system – see figures 1-4 and paragraph [0048]. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Sloan and add the sonar system of Saylor et al., so as to yield the predictable result of automatically controlling movement of the device during use. Regarding the 35 U.S.C 112(f) means plus function analysis with respect to the claimed sonar-based positioning system, items 58,86 as seen in figures 1-4 of Saylor et al. are side mounted sonar devices.
Referring to claim 39, Sloan does not disclose a sonar-based positioning system configured to provide information indicative of a position of the submersible robot system within the enclosed system, and wherein the sonar-based positioning system comprises a side-scan sonar mounted adjacent a forward end of the submersible robot system and configured to provide output indicative of material located in front of the submersible robot system. Saylor et al. does disclose a sonar-based positioning system – at 58,86, configured to provide information indicative of a position of the submersible robot system within the enclosed system – see figures 1-4 and paragraph [0048], and wherein the sonar-based positioning system comprises a side-scan sonar mounted – at 58, adjacent a forward end of the submersible robot system – see figures 1-4, and configured to provide output indicative of material located in front of the submersible robot system – see figures 1-4 and paragraph [0048]. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Sloan and add the sonar system of Saylor et al., so as to yield the predictable result of automatically controlling movement of the device during use.
Allowable Subject Matter
5. Claims 28-32 and 37 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.
Response to Arguments
6. Applicant’s claim amendments and remarks/arguments dated 5-18-26 obviates the 35 U.S.C. 112(b) rejections of claims 10, 17 and 24 detailed in the last office action dated 2-18-26.
Regarding the prior art rejections of claims 1, 12 and 19, the Sloan reference US 5093949 discloses a hose system – at 76,78, the hose system having a first hose – at 76, another hose – at 78, wherein the hoses are positioned proximate each other – see figures 7-8, wherein a single electrical cable – at 100, extends proximate the hose system – at 76,78 – see figures 7-8, wherein the single electrical cable – at 100, is at least partially positioned outside the first hose – at 76 – see figures 7-8, and proximate the other hose – at 78 – see figures 7-8, wherein the first hose – at 76, is configured to fluidly connect to the pump assembly – at 44-49 – see at 42 in figures 6-7 and column 7 lines 1-5, wherein the other hose – at 78, is configured to be filled with a gas to allow the hose system to be at least partially buoyant – see figures 7-8 where the hose – at 78 can contain a gas such as air when not filled with material from the pump assembly and the air/gas would be lighter than the liquid/sludge material at the bottom of enclosed system and therefore make the hose – at 78 at least partially buoyant when the hose – at 78 is not completely filled with material being pumped through the hose – at 78 and therefore is capable of providing buoyancy to the hose assembly and further applicant has not recited in the claim that a gas is sealed within the hose assembly. Further, Sloan does not disclose an inner hose, an outer hose with the inner hose positioned within the outer hose, the single electrical cable extends through the hose system, the single electrical cable is within the outer hose. However, it would have been obvious to one of ordinary skill in the art to take the device of Sloan and have the hoses in any desired configuration including the claimed inner hose within an outer hose, so as to yield the predictable result of protecting the inner hose while making the overall size of the hose system smaller and easier to move through the enclosed system, in that the inner hose would be protected from the environment outside of the hose assembly and there would be less likelihood of the hoses interfering with other components of the device and other objects in the environment in which the device is being used. Further, the hydraulic line – at 76 of Sloan is placed into liquid of the storage tank as seen in figure 8 and therefore having the line – at 76 placed into the hose – at 78 would not render the device of Sloan inoperable in that with line 76 disposed in the hose 78, line 76 would be in contact with the same liquid in the storage tank and therefore the line 76 would function as intended. Further, the “any desired configuration” phrase used in the rationale for having an inner hose inside an outer hose does not constitute hindsight analysis in that this phrase only indicates that the device of Sloan discloses two hoses – at 76,78, that can be placed into configurations not detailed in Sloan such as the inner and outer hoses as claimed since Sloan does not provide any disclosure to teach away from this configuration and this is not hindsight analysis since there are particular rationales for having this configuration as detailed earlier. Therefore the phrase “any desired configuration” is used to detail that Sloan provides no disclosure that would prohibit modifying the arrangement of the hoses and does not provide for a working backward from the claimed invention to disclose the claimed elements.
Conclusion
7. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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, 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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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
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