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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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 4-5, 12, and 14-20 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.
With regard to claim 4, the claim states the channel body defines “an entrance and an exit”. Parent claim 1 previously introduces an entrance and an exit. It is unclear if applicant is referring to the already introduced entrance and exit or adding additional structure. For the purpose of examination on the merits, the examiner has assumed the limitations are referencing the previous entrance and exit.
Claim 5 depends upon claim 4.
Claim 12 recites the limitation "the ballast" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the culvert" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the water passage" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the pipe" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claims 15-20 depend upon claim 14.
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) 1-5, 14, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williams, Jr. (6,954,006).
With regard to claim 1, Williams discloses a water channel (10) comprising: a channel body (32) defining a flow passage (44) having an entrance, an exit, and defining a flow direction from the entrance to the exit (fig. 2; col. 2, lines 56-67); intake deflectors (angled walls of intake 30) positioned at the entrance, the intake deflectors being angled away from the flow direction relative to the channel body and positioned to direct a flow of water into the entrance of the channel body (fig. 2); and outlet deflectors (angled walls of outlet 34) positioned at the exit of the channel body and extending away from the exit of the channel body and angled away from the flow direction relative to the channel body (fig. 2).
With regard to claim 2, Williams further discloses a turbine (40/42) positioned within the flow passage such that water flowing through the flow passage drives the turbine (fig. 2; col. 2, lines 56-67).
With regard to claim 3, Williams further discloses the intake deflectors, the outlet deflectors, or both the intake deflectors and the outlet deflectors comprise a base deflector (bottom walls of intake 30 and outlet 34) at a bottom of the channel body and lateral deflectors (sidewalls of intake 30 and outlet 34) on opposed sides of the channel body (figs. 1-2).
With regard to claim 4, Williams further discloses the channel body has a base (bottom), a first channel wall (first sidewall), and a second channel wall (second sidewall) that extends upward from the base along a first length of the base (figs. 1-2), the second channel wall being spaced from the second channel wall along a width of the base to define an entrance and an exit (figs. 1-2); the intake deflectors are positioned on the first channel wall and the second channel wall adjacent to the entrance (figs. 1-2); and the outlet deflectors are positioned on the first channel wall and the second channel walls adjacent to the exit (figs. 1-2).
With regard to claim 5, Williams further discloses the first channel wall and the second channel wall comprise pontoons (27) on opposed sides of the channel body (figs. 1-2).
With regard to claim 14, Williams discloses a method of driving a turbine (abstract), the method comprising the steps of: positioning a water channel (10) in a body of water, the water channel comprising: a channel body (32) defining a flow passage, the channel body having an entrance, an exit, and defining a flow direction from the entrance to the exit (fig. 2; col. 2, lines 56-67); intake deflectors (angled walls of intake 30) positioned at the entrance, the intake deflectors being angled away from the flow direction relative to the channel body and positioned to direct a flow of water into the entrance of the channel body (fig. 2); outlet deflectors (angled walls of outlet 34) positioned at the exit of the pipe and extending away from the exit of the channel body and angled away from the flow direction relative to the channel body (fig. 2); and a liquid-driven turbine (40/42) disposed within the flow passage (fig. 2); permitting water to flow through the flow passage along the flow direction and drive the liquid-driven turbine (fig. 2); and adjusting the water channel to control the flow of water through the flow passage (fig. 6-7).
With regard to claim 18, Williams further discloses installing the channel body below a top surface of an obstacle (L) such that the flow passage traverses the obstacle (fig. 7).
Claim(s) 1 and 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thomas (2021/0238809).
With regard to claim 1, Thomas discloses a water channel (eg. fig. 5) comprising: a channel body (16a) defining a flow passage having an entrance, an exit, and defining a flow direction from the entrance to the exit (fig. 5; paras 0083-0086); intake deflectors (152) positioned at the entrance, the intake deflectors being angled away from the flow direction relative to the channel body and positioned to direct a flow of water into the entrance of the channel body (fig. 5); and outlet deflectors (154) positioned at the exit of the channel body and extending away from the exit of the channel body and angled away from the flow direction relative to the channel body (fig. 5; paras 0083-0086).
With regard to claim 6, Thomas further discloses the angles of the intake deflectors and the outlet deflectors are adjustable (para 0086).
With regard to claim 7, Thomas further discloses the intake deflectors and the outlet deflectors comprise rams (para 0086; “cylinders”) that control the angle of the deflectors.
With regard to claim 8, Thomas further discloses the intake deflectors are at an angle of between 35 and 55 degrees, and define a flow area of between 40% and 70% larger than a flow area of the flow passage at a point between the inlet deflectors and the outlet deflectors (fig. 5; paras 0083-0086).
With regard to claim 9, Thomas further discloses the outlet deflectors are at an angle of between 35 and 55 degrees and define a flow area of at least 40% larger than a flow area of the flow passage at a point between the inlet deflectors and the outlet deflectors (fig. 5; paras 0083-0086).
Claim(s) 1, 10-16, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peckham (7,375,437).
With regard to claim 1, Peckham discloses a water channel (eg. fig. 4) comprising: a channel body (10) defining a flow passage having an entrance, an exit, and defining a flow direction from the entrance to the exit (fig. 4); intake deflectors (angled walls of intake fig. 4) positioned at the entrance, the intake deflectors being angled away from the flow direction relative to the channel body and positioned to direct a flow of water into the entrance of the channel body (fig. 4); and outlet deflectors (angled walls of outlet) positioned at the exit of the channel body and extending away from the exit of the channel body and angled away from the flow direction relative to the channel body (fig. 4).
With regard to claim 10, Peckham further discloses the channel has an open top (fig. 1).
With regard to claim 11, Peckham further discloses ballast carried by the channel body, the ballast being adjustable to control a buoyancy of the channel body (col. 3, lines 44-52).
With regard to claim 12, Peckham further discloses ballast is adjustable to control a slope of the channel or a depth of the channel in a body of water (col. 3, lines 44-52).
With regard to claim 13, Peckham further comprising a plurality of anchors that are adapted to fix the channel body in a desired position (col. 3, lines 28-43).
With regard to claim 14, Peckham discloses a method of driving a turbine (abstract), the method comprising the steps of: positioning a water channel (figs. 1-4) in a body of water, the water channel comprising: a channel body (10) defining a flow passage, the channel body having an entrance, an exit, and defining a flow direction from the entrance to the exit (fig. 4); intake deflectors (angled walls of intake fig. 4) positioned at the entrance, the intake deflectors being angled away from the flow direction relative to the channel body and positioned to direct a flow of water into the entrance of the channel body (fig. 4); outlet deflectors (angled walls of outlet) positioned at the exit of the pipe and extending away from the exit of the channel body and angled away from the flow direction relative to the channel body (fig. 4); and a liquid-driven turbine (16) disposed within the flow passage (fig. 4); permitting water to flow through the flow passage along the flow direction and drive the liquid-driven turbine (fig. 4); and adjusting the water channel to control the flow of water through the flow passage (col. 3, lines 44-52).
With regard to claim 15, Peckham discloses adjusting the water channel comprises setting a depth the water channel in the body of water (col. 3, lines 44-52).
With regard to claim 16, Peckham further discloses the water channel comprises controlling a ballast carried by the water channel (col. 3, lines 44-52).
With regard to claim 19, Peckham further discloses anchoring the channel body at a desired position in a body of water (col. 3, lines 28-43).
Claim(s) 14, 17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Srybnik et al. (7,605,490).
With regard to claim 14, Srybnik discloses a method of driving a turbine (abstract), the method comprising the steps of: positioning a water channel (figs. S, 4-6 in a body of water, the water channel comprising: a channel body (10) defining a flow passage, the channel body having an entrance, an exit, and defining a flow direction from the entrance to the exit (fig. 5); intake deflectors (12a,12b,12e,12f; fig. 7) positioned at the entrance, the intake deflectors being angled away from the flow direction relative to the channel body and positioned to direct a flow of water into the entrance of the channel body (figs. 4-7); outlet deflectors (12c,12d,12h,12g) positioned at the exit of the pipe and extending away from the exit of the channel body and angled away from the flow direction relative to the channel body (figs. 4-7); and a liquid-driven turbine (17) disposed within the flow passage (figs. 3-7); permitting water to flow through the flow passage along the flow direction and drive the liquid-driven turbine (figs. 3-7); and adjusting the water channel to control the flow of water through the flow passage (col. 3, lines 31-54).
With regard to claim 17, Srybnik further discloses a step of adjusting an angle of the intake deflectors, the outlet deflectors, or both the intake deflectors and the outlet deflectors (col. 3, lines 31-54).
With regard to claim 20, Srybnik further discloses a step of adjusting the intake deflectors, the outlet deflectors, or both the intake deflectors and the outlet deflectors to increase a flow velocity of the flow of water through the channel body (col. 3, lines 31-54).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. Numerous references disclose a water channels with intake and outlet deflectors; such as Boschma (8,354,758).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN F FIORELLO whose telephone number is (571)270-7012. The examiner can normally be reached Mon-Fri 8:00AM-4:30PM EST.
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/BENJAMIN F FIORELLO/Primary Examiner, Art Unit 3678
BF
11/05/2025