DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 18703,080 filed on 04/19/2024
Claims 1 – 13, 15 – 18 are rejected
Claim 14 is objected
Claims 1 - 18 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/19/2024 was fully considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
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.
Claim 2 and 14, 17 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.
Claim 2 recites ranges that are improper as it isn’t clear which range is technically required to read on the claim. Therefore the applicants claim is improper and requests correction to clarify the requirement need for the claim element.
Claim 17 recites the claim element “wherein the pressurized fluid comprises an additive, such as a dissolving agent, a cleaning agent, a surfactant, a coloring agent, a viscosity modifier, a wetting agent, a filler, an anti-fungal agent, an anti-bacterial agent, or combinations thereof” is improper for including elements that are not clearly defined as required within the claim. Therefore the applicants claim is improper and requests correction to clarify the requirement need for the claim element.
Any claims dependent on these dependent claim are also further rejected.
Claim 14 recites the limitation "neighboring section heads" lack antecedent basis as it is unclear whether they are all different or are the same neighboring section heads within the claim. There is insufficient antecedent basis for this limitation in the claim.
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 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 – 12, 15 – 16, 18 are rejected under 35 U.S.C. 103 as being unpatentable by CN201318177 – Li et al hereinafter as LI in view of US PG Pub 20140310997 – Wyatt et al. hereinafter as WYATT
Regarding Claim 1:
LI discloses:
(Currently Amended) A device for removing granular material by suction, the device comprising a suction head, the suction head comprising:
A lower end;( fig. 4 opening of the suction head - 111)
an outlet for removing granular material from the suction head;(fig. 4 - outlet 121)
side walls, extending from the lower end to the outlet;
one side inlet for the inflow of fluidized granular material into the suction head, the one side inlet being located in a side wall;( fig. 4 – where in 112 is a side inlet for inflow of material)
one or more inner nozzles, mounted on an inside of the suction head, and directed to generate an inner flow within the suction head and one or more outer nozzles, mounted on an outside of the suction head and directed to generate an outer flow around the suction head and in the same direction as the inner flow within the suction head, whereby the one or more inner nozzles and the one or more outer nozzles are configured to emit a pressurized fluid for fluidizing granular material. ( Fig. 4 wherein there is an inner nozzles – 21 creating inner flow inside the head, outer nozzles 21 creating outer flow outside of the head pointing in a downward direction)
LI discloses of a dredging suction head that generates an inner flow within a section head with inner nozzles and generates an outer flow outside of the suction head with outer nozzles, WYATT discloses of dredging head with nozzles pointing in a specific direction to create a helical flow, WYATT further discloses:
nozzles directed to generate helical flow (para. 0033 and 0035 – water jet assembly)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for LI’s suction head for dredging that uses nozzles and inner and outer nozzles for creating flow to utilize WYATT’s ability to direct the nozzles in a specific direction to create a vortex effect as taught by WYATT. This would allow LI to improve on create a cavitating zone thereby increasing material interaction within the vortex. (para. 0032)
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Regarding Claim 2
LI / WYATT discloses claim 1:
LI discloses:
2. (Currently Amended) The device of claim 1, wherein the side inlet (1d) extends over 2 - 98%, preferably 5 - 70%, more preferably 15 - 60%, most preferably 20 - 50%, of the circumference of the lower end. ( See figure 4 – wherein the side inlet is a percentage of the circumference of the lower end)
As a result, the size and percentage of cover across the opening of the side inlet of the circumference of the lower end is seen as a results effective variable. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the applicants invention to utilize the percentage of coverage of side inlet extends of the circumference of the lower end as it has been held that routine optimization of a results effective variable is obvious, in this case to achieve a desired percentage of coverage for a side inlet for operating in a specific condition such as controlling the flow rate into the cover and adjusting the size would allow user to control for internal flow rate for material into the cover.
Regarding Claim 3
LI / WYATT discloses claim 1:
LI discloses:
3. (Currently Amended) The device of claim 1,wherein the side inlet comprises at least 2%, preferably at least 10%, more preferably at least 30%, of the total area for the inflow of fluidized granular material into the suction head.
As a result, the percentage of the side inlet of the circumference of the lower end is seen as a results effective variable. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the applicants invention to utilize the percentage of coverage of side inlet extends of the circumference of the lower end as it has been held that routine optimization of a results effective variable is obvious, in this case to achieve a desired percentage of coverage for a side inlet for operating in a specific condition such as controlling the flow rate into the cover and adjusting the size would allow user to control for internal flow rate for material into the cover.
Regarding Claim 4:
LI / WYATT discloses claim 1:
LI discloses:
wherein the lower end is closed ( fig. 4 – wherein the area above the side inlet is closed off)
Regarding Claim 5
LI / WYATT discloses claim 1:
LI discloses:
(Currently Amended) The device of claim1, wherein the lower end comprises a bottom inlet for the inflow of granular material into the suction head. (see figure 4 - See inlet that has opening for granular material to flow into suction head)
Regarding Claim 6
LI / WYATT discloses claim 1:
LI discloses:
(Currently Amended) The device of claim 1,wherein the outflow direction of the one or more nozzles is adjustable. ( Fig. 4 – page 2 and 3 where in the spraying from nozzle 21 is sprayed to the appointed position such that the position in which it is pointed is chosen)
Regarding Claim 7
LI / WYATT discloses claim 1:
LI discloses:
(Currently Amended) The device of claim 1,wherein the one or more nozzles comprise one or more slits. (fig. 4 where in a nozzle that sprays has a slit for fluid to come out)
Regarding Claim 8
LI / WYATT discloses claim 1:
LI discloses:
8. (Currently Amended) The device of claim1, wherein an end-section of the outlet extends into the suction head. (fig. 4 – wherein the end section of outlet extends to the suction head)
Regarding Claim 9
LI / WYATT discloses claim 1:
LI discloses:
9. (Currently Amended) The device of claim1, further comprising one or more shearing elements (5) and / or at least one lateral shearing element. (fig. 4 - Where in the point parts of the outer extremities of circumference of the lower end has a shearing element, based on broadest reasonable interpretation, a lateral shearing element is interpreted to be a sharp element that can cut or shear )
Regarding Claim 10
LI / WYATT discloses claim 1:
LI discloses:
10. (Currently Amended) The device of claim 1, further comprising at least one pump for supplying pressurized fluid to the one or more nozzles; and – ( page 2 – high pressure pump with nozzles)
at least one conduit, connecting the pump to the one or more nozzles. ( page 2 – wherein the pump is connected to nozzle)
Regarding Claim 11
LI / WYATT discloses claim 1:
LI discloses:
11. (Currently Amended) The device of claim 1, further comprising a tube connected to the outlet, for transporting fluidized granular material from the suction head to a remote location, and suction means for applying suction to through the tube. ( fig. 2 – wherein the pipe- 122 for outlet goes to another location)
Regarding Claim 12
LI / WYATT discloses claim 1:
LI discloses:
12. (Currently Amended) The device of claim 11, wherein the suction means comprise a slurry pump, an eductor, or a compressor. ( page 2 - wherein the sand sucking pump is a slurry pump)
Regarding Claim 15
LI / WYATT discloses claim 1:
LI discloses:
15. (Currently Amended) The device of claim 1,further comprising mounting means on which the at least one suction head (1) is mounted, such as a robotic arm, an underwater robot, a bottom crawler, a submersible drone, a vessel, a pontoon, a fixed frame, or a land-based machine. ( fig. 5 where in the suction is mounted on vessel - 3)
Regarding Claim 16
LI / WYATT discloses claim 1:
LI discloses:
16. (Currently Amended) A method for removal of granular material by suction from a granular material mass, the method comprising:-
providing a device according to claim 1; -
placing the suction head (1) onto or above the granular material mass; - ( page 2 – spraying fluid above the material to a particular position)
emitting pressurized fluid from the one or more nozzles to locally fluidize the granular material; ( page 2 – emit high pressure by nozzles to suction)
applying suction through the outlet to remove the fluidized granular material through the one or more side inlets. ( fig. 4 - material can come through the side inlets of 112)
Regarding Claim 18
LI / WYATT discloses claim 16:
LI discloses:
18. (Currently Amended) The method of claim 16,wherein the removal of granular material comprises: the removing of granular material from a vessel (fig. 5 - removing granular material from a vessel)
Claim(s) 17 are rejected under 35 U.S.C. 103 as being unpatentable by CN201318177 – Li et al hereinafter as LI in view of US PG Pub 20140310997 – Wyatt et al. hereinafter as WYATT in further view of WO2017035344 – Halkyard et al. hereinafter as HALKYARD
Regarding Claim 17
LI / WYATT discloses claim 16:
LI discloses of high pressure fluid through nozzles, HALKYARD discloses of additives, HALKYARD further discloses:
17. (Original) The method of claim 16, wherein the pressurized fluid comprises an additive, such as a dissolving agent, a cleaning agent, a surfactant, a coloring agent, a viscosity modifier, a wetting agent, a filler, an anti-fungal agent, an anti-bacterial agent, or combinations thereof. ( para. 0057 – water mixture or additives such as chemicals para. 0075 as dissolving agent)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for LI / WATT dredging head utilizing high pressure fluid through nozzles to utilize an additive such as dissolving agent with pressurized fluid as taught by HALKYARD. This would allow LI to increase the leaching for the slurry to get to elements in the sediment ( para. 0075)
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable by CN201318177 – Li et al hereinafter as LI in view of US PG Pub 20140310997 – Wyatt et al. hereinafter as WYATT in further view of NL2020157A – Lanser et al. hereinafter as LANSER
Regarding Claim 13
LI / WATT discloses claim 1
LI / WATT discloses of a single suction head, LANSER discloses multiple suction head, LANSER further discloses:
comprising multiple suction heads (1) placed in a staggered configuration, a straight-line configuration, an angled configuration, a half-circle configuration, a V-shaped configuration, or a W-shaped configuration.(page 3 - where in two line of rows of drag heads shows a staggered configuration)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for LI / WATT’s Dredging suction head to have the ability to have more than 1 suction head configuration as taught by LANSER. This would allow LI to excavate a larger surface of the water bottom ( Page 3 – para. 4 - in order to excavate a larger surface of the water bottom)
Allowable subject matter
Claim 14 is 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.
While dredging heads are known within the art, LI / WYATT / HALKYARD discloses of a dredging head, the prior art does not disclose regarding the nozzles on the neighboring suction heads configured to drive outer helical flow around the neighboring suction in opposite directions or wherein one or more outer nozzles of neighboring suction heads are configured to drive outer helical flow around the neighboring suction heads in the same direction. Such modifications would require too significant of a modification and would constitute an improper degree of hindsight reasoning.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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