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
(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.
(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) s 1, 4-6, 9-12, 15-16, 18-19, 24-25 and 33 is/are rejected under 35 U.S.C. 102(a)(1) and(a)(2) as being anticipated by JP 2011-514499.
JP ‘499 discloses a floating device that is released from a submersible body (marine vessel 104) in which an occupant can ride and that is submerged underwater, the floating device floating up to the water surface and performing communication with an external communication apparatus (troops deployed in the field and/or remote weapon system), the floating device comprising a floating unit that causes the floating device released from the submersible body to float up to the water surface from underwater, a communication unit that can transmit target information to the external communication apparatus after the floating device has floated up to the water surface from underwater, and a movement unit (fixed wing, propulsion system, rotatable lifting surface, propulsion element, movement element) that, after the floating device has floated up to the water surface from underwater, moves a separate mobile object (UAV 106), which is at least one part of the floating device, wherein: the movement unit generates an upward propulsion force that propels the separate mobile object upward, thereby causing the separate mobile object to fly and move; after the flying of the separate mobile object is started by the movement unit, the target information is transmitted to the external communication apparatus; the separate mobile object includes a communication unit and a movement unit; after the floating device has floated up to the water surface from underwater, the separate mobile object separates from the remainder of the floating device and is moved by the movement unit; the floating device comprises an opening/closing part (cover), and an accommodation body (floatable housing 102) that can accommodate the separate mobile object therein in a sealed state by setting the opening/closing part to a closed state, and that can move the separate mobile object from the inside to the outside thereof by setting the opening/closing part to an opened state to release the sealed state; the floating device floats up to the water surface from underwater in a state in which the separate mobile object is accommodated inside the accommodation body with the opening/closing part set to the closed state, and when the opening/closing part is in the opened state, the separate mobile object separates from the accommodation body and is moved by the movement unit; the floating device comprises a detection unit (surface sensing system) which detects that the floating device has floated up to the water surface from underwater, and when it is detected by the detection unit that the floating device has floated up to the water surface from underwater, the accommodation body sets the opening/closing part to the opened state; the floating device comprises a fixing unit that can fix the separate mobile object and the accommodation body together in the state in which the separate mobile object is accommodated inside the accommodation body, wherein the floating device floats up to the water surface from underwater in the state in which the separate mobile object is accommodated inside the accommodation body with the opening/closing part set to the closed state, the opening/closing part is set to the opened state, and the fixing with the accommodation body by the fixing unit is released, after which the separate mobile object separates from the accommodation body and is moved by the movement unit; and the accommodation body includes a curved surface portion where the outer surface thereof is formed by a curved surface, and a non-curved surface portion where the outer surface thereof is formed by a flat surface.
Claim Rejections - 35 USC § 103
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) s 3, 7-8, 14, 17, 21-23 and 26-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2011-514499.
The subject matter of the dependent claims are obvious design expedients and are well known in the art, as shown in the prior art of record, and would have been obvious here in order to fine tune the use of the invention.
Allowable Subject Matter
Claims 13 and 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD M CAMBY whose telephone number is (571)272-6958. The examiner can normally be reached M - F flex.
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 D Nolan can be reached at 571 270 7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RICHARD M CAMBY/Primary Examiner, Art Unit 3661
Prosecution Insights