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
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)(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.
Claims 16, 17, 19, 20, 30 and 31 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Materna et al (U.S. Patent No. 11,916,508).
As to Claim 16, Materna discloses a device configured to be disposed within a granular medium (800), such as sand or sediment, to raise a layer of said granular medium, the device comprising:
A flexible envelope (1028, 1038) forming an internal volume (Column 19, Lines 29-41: “In an embodiment of the invention, there may be provided a joint 1040 between the bag upper layer 1030 and the bag lower layer 1020, having certain desired properties. In this embodiment, there may be provided a supplemental bag upper layer 1038 and/or a supplemental bag lower layer 1028. There may be provided more layers of bag material than just a single bag upper layer and a single bag lower layer. This may possibly be done in combination with where or whether certain layers are or are not joined to certain other layers. There may be different numbers of thicknesses of bag material in different places. This may accomplish variation of local bending stiffness of a desired portion of the bag 1000”);
At least one inflatable element (1020, 1030) housed in the internal volume so as to be interposed between an upper surface (1038) and a lower surface (1028) of the envelope, the inflation and deflation of said element allowing the internal volume to be varied;
An injection device (1094; Column 27, Lines 46-47: “Conduit 1094 may lead to the pump or turbine of the energy storage and recovery system”) configured to fill the inflatable element (8) with a fluid;
The device being configured to switch from a first configuration (Figure 6A, “nearly empty”) in which the inflatable element (1020, 1030) is inflated to occupy a first volume to a second configuration (Figure 6A, “partly full”) in which the inflatable element (1020, 1030) is inflated to occupy a second volume greater than the first volume so that the upper surface (1038) is deformed vertically in order to raise the layer of granular medium, and vice versa; the device being configured so that the lower surface (1028) remains substantially horizontal in the first and second configurations in order to maintain the device in position in the granular medium (800); the device further being configured to switch from the first or the second configuration to a third configuration (Figure 6A, “full”) in which the lower surface of the envelope (1028) is vertically deformed for allowing the device to ascend through the granular medium (800).
As to Claim 17, Materna discloses the invention of Claim 16 (Refer to Claim 16 discussion). Materna also discloses wherein, in the third configuration (Figure 6A, “full”), the inflatable element is inflated to a third volume greater than the second volume so as to elevate the edges of the envelope for allowing the device to ascend through the granular medium (800).
As to Claim 19, Materna discloses the invention of Claim 16 (Refer to Claim 16 discussion). Materna also discloses wherein the envelope (1028, 1038) is leak-tight, so as to impede the passage of the granular medium therethrough.
As to Claim 20, Materna discloses the invention of Claim 16 (Refer to Claim 16 discussion). Materna also discloses wherein the injection device comprises at least one feeding pipe (1094; Column 27, Lines 46-47: “Conduit 1094 may lead to the pump or turbine of the energy storage and recovery system”) comprising a first portion adapted to receive a fluid and a second portion connected to the inflatable element, the first portion and the second portion being connected to each other by a bend, so as to prevent kinking of the feeding pipe between the first and the second portion. ‘
As to Claim 30, Materna discloses the invention of Claim 16 (Refer to Claim 16 discussion). Materna also discloses wherein the envelope (1028, 1038) comprises a first sheet forming the lower surface (1028) and having a first area, and a second sheet forming the upper surface (1038) and having a second area, said first and second sheets being joined together along their edges so as to form the internal volume, and wherein the second area is equal or greater than the first area.
As to Claim 31, Materna discloses a method of deforming a layer of granular medium, the method comprising burying at least one flexible envelope (1028, 1038) comprising a variable internal volume (Figure 6A) at a predetermined depth in the granular medium (800), and varying the internal volume of said envelope (1020, 1030) between a first volume and a second volume greater than the first volume so as to raise or lower the layer of granular medium (800) above the envelope.
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 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Materna et al (U.S. Patent No. 11,916,508) in view of Beidle (U.S. Patent Application Publication No. 2007/0217868).
As to Claim 18, Materna discloses the invention of Claim 16 (Refer to Claim 16 discussion). Materna also discloses further comprising an additional inflatable element positioned below or embedded in the lower surface of the envelope and a pressurized fluid generator for inflating the additional inflatable element with a fluid, wherein in the third configuration said additional inflatable element is inflated so as to elevate the lower surface to allow the device to ascend through the granular medium. Beidle discloses an envelope (30) with an inflatable element therein (34) and an additional inflatable element (31) positioned below or embedded in the lower surface of the envelope (30) and a pressurized fluid generator for inflating the additional inflatable element with a fluid (via 43). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide an additional inflatable element positioned below or embedded in the lower surface of the envelope and a pressurized fluid generator for inflating the additional inflatable element with a fluid, wherein in the third configuration said additional inflatable element is inflated so as to elevate the lower surface to allow the device to ascend through the granular medium. The motivation would have been to increase the size of the apparatus to deal with greater areas.
Claims 21-24 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Materna et al (U.S. Patent No. 11,916,508) in view of Runian (W.I.P.O. Publication No. 2010/111947).
As to Claim 21, Materna discloses the invention of Claim 16 (Refer to Claim 16 discussion). However, Materna is silent about further comprising at least one conduit between the injection device and the inflatable element, and a release device comprising a pressurized fluid generator and at least one outlet configured to inject the pressurized fluid into the granular medium so as to generate proximate to the conduit a mixture of fluid and granular medium, in order to enable the conduit to move into the granular medium as the device ascends or descends therethrough. Runian discloses a conduit (2) and a release device (4) comprising a pressurized fluid generator and at least one outlet (5) configured to inject the pressurized fluid into a granular medium so as to generate proximate to the conduit a mixture of fluid and granular medium. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide at least one conduit between the injection device and the inflatable element, and a release device comprising a pressurized fluid generator and at least one outlet configured to inject the pressurized fluid into the granular medium so as to generate proximate to the conduit a mixture of fluid and granular medium, in order to enable the conduit to move into the granular medium as the device ascends or descends therethrough. The motivation would have been to assist in the installation of the apparatus to its operational position.
As to Claim 22, Materna discloses the invention of Claim 16 (Refer to Claim 16 discussion). However, Materna is silent about further comprising a burying device comprising a pressurized fluid generator and at least one outlet configured to inject the pressurized fluid into the granular medium below the lower surface of the envelope so as to generate a flow of a mixture of fluid and granular medium, in order to enable the burying of the device. Runian discloses a burying device comprising a pressurized fluid generator (2) and at least one outlet (4, 5) configured to inject the pressurized fluid into the granular medium below the lower surface of an envelope (11) so as to generate a flow of a mixture of fluid and granular medium, in order to enable the burying of the device. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a burying device comprising a pressurized fluid generator and at least one outlet configured to inject the pressurized fluid into the granular medium below the lower surface of the envelope so as to generate a flow of a mixture of fluid and granular medium, in order to enable the burying of the device. The motivation would have been to assist in the installation of the apparatus to its operational position.
As to Claim 23, Materna as modified teaches the invention of Claim 21 (Refer to Claim 21 discussion). Materna as modified also teaches wherein the or each outlet comprises a pair of nozzles (Runian: 5).
As to Claim 24, Materna as modified teaches the invention of Claim 23 (Refer to Claim 23 discussion). Materna as modified also teaches wherein the angle between the nozzles (Runian: 5) is 180.
As to Claim 32, Materna discloses the invention of Claim 31 (Refer to Claim 31 discussion). However, Materna is silent about wherein burying comprises injecting a fluid into the granular medium below a lower surface of the envelope, so as to generate a flow of a two-phase mixture of fluid and granular medium in order to enable the burying of the envelope in the granular medium. Runian discloses burying by injecting a fluid (via 2, 4, 5) into the granular medium below a lower surface of an envelope (1), so as to generate a flow of a two-phase mixture of fluid and granular medium in order to enable the burying of the envelope (1) in the granular medium. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to inject a fluid into the granular medium below a lower surface of the envelope, so as to generate a flow of a two-phase mixture of fluid and granular medium in order to enable the burying of the envelope in the granular medium. The motivation would have been to assist in the installation of the apparatus to its operational position.
Claims 25-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Materna et al (U.S. Patent No. 11,916,508) in view of Frazier et al (U.S. Patent Application Publication No. 2011/0070031).
As to Claim 25, Materna discloses the invention of Claim 16 (Refer to Claim 16 discussion). However, Materna is silent about further comprising at least one pressure sensor. Frezier discloses at least one pressure sensor (Paragraph 0044: “Operation of overall system 50 may be controlled via a computer or controller 66, and one skilled in the art will recognize that each system 10 may include control valves, pressure sensors, temperature sensors, and the like, distributed throughout”. The system comprises inflatable bags 104). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide at least one pressure sensor. The motivation would have been to monitor the pressure of the inflatable element.
As to Claim 26, Materna as modified teaches the invention of Claim 25 (Refer to Claim 25 discussion). Materna as modified also teaches wherein at least one pressure sensor (Frazier: Paragraph 0044: “Operation of overall system 50 may be controlled via a computer or controller 66, and one skilled in the art will recognize that each system 10 may include control valves, pressure sensors, temperature sensors, and the like, distributed throughout”) is proximate to a central area of the upper surface and at least one pressure sensor is located proximate to a peripheral area of the lower surface.
As to Claim 27, Materna discloses the invention of Claim 16 (Refer to Claim 16 discussion). However, Materna is silent about further comprising a measuring device for measuring the height of the layer of granular medium above the device, the measuring device comprising at least one pressure sensor. Frazier discloses a measuring device comprising at least one pressure sensor (Paragraph 0044: “Operation of overall system 50 may be controlled via a computer or controller 66, and one skilled in the art will recognize that each system 10 may include control valves, pressure sensors, temperature sensors, and the like, distributed throughout”. The system comprises inflatable bags 104). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a measuring device for measuring the height of the layer of granular medium above the device, the measuring device comprising at least one pressure sensor. The motivation would have been to monitor the pressure of the inflatable element.
Claims 28 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Materna et al (U.S. Patent No. 11,916,508) in view of Frazier et al (U.S. Patent Application Publication No. 2011/0070031); and in view of Rolfe (U.S. Patent No. 5,954,450).
As to Claim 28, Materna as modified teaches the invention of Claim 27 (Refer to Claim 27 discussion). However, Materna as modified is silent about wherein the measuring device comprises at least one bag located near or in the envelope, the or each bag being connected to a pressurized gas generator and comprising a pressure sensor configured to measure the pressure in the bag, and a computing unit configured to calculate the height of the layer of granular medium based on the pressure sensor measurement and a calibration curve. Rolfe discloses a measuring device comprising at least one bag located near or in the envelope, the or each bag being connected to a pressurized gas generator and comprising a pressure sensor configured to measure the pressure in the bag, and a computing unit configured to calculate the height of the layer of granular medium based on the pressure sensor measurement and a calibration curve (Column 2, Lines 37-43: “In the inventive method of controlling the irrigation of an area of land, which conventionally comprises monitoring a condition of the material of the land by means of a sensor located below the surface thereof and controlling operation of associated irrigation means in dependence upon the monitored condition or parameter of the material”; Column 3, Lines 13-20: “The pressure sensor may comprise any suitable device, such as a pressure transducer or, as in the case of one preferred embodiment to be described in greater detail hereinbelow, an at least partially inflated bag or other flexible walled container which may be connected, via, say, piping or other suitable means, to a pressure actuable switch for controlling operation of the associated irrigation means”. The associated irrigation means consist of a buried inflatable bag 8). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide the measuring device with at least one bag located near or in the envelope, the or each bag being connected to a pressurized gas generator and comprising a pressure sensor configured to measure the pressure in the bag, and a computing unit configured to calculate the height of the layer of granular medium based on the pressure sensor measurement and a calibration curve. The motivation would have been to avoid excessive amount of pressure in the apparatus.
As to Claim 29, Materna as modified teaches the invention of Claim 28 (Refer to Claim 28 discussion). Materna as modified also teaches wherein the at least one bag (Rolfe - Column 3, Lines 13-20: “The pressure sensor may comprise any suitable device, such as a pressure transducer or, as in the case of one preferred embodiment to be described in greater detail hereinbelow, an at least partially inflated bag or other flexible walled container which may be connected, via, say, piping or other suitable means, to a pressure actuable switch for controlling operation of the associated irrigation means”) located above the upper surface.
Claim 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Materna et al (U.S. Patent No. 11,916,508) in view of Rolfe (U.S. Patent No. 5,954,450).
As to Claim 33, Materna discloses the invention of Claim 31 (Refer to Claim 31 discussion). However, Materna is silent about further comprising measuring a parameter of the granular medium by at least one sensor, and wherein the variation of the internal volume during varying the internal volume is controlled by a machine learning algorithm trained on said parameter. Rolfe discloses measuring a parameter of the granular medium by at least one sensor, and wherein the variation of the internal volume during varying the internal volume is controlled by a machine learning algorithm trained on said parameter (Column 2, Lines 37-43: “In the inventive method of controlling the irrigation of an area of land, which conventionally comprises monitoring a condition of the material of the land by means of a sensor located below the surface thereof and controlling operation of associated irrigation means in dependence upon the monitored condition or parameter of the material”. The irrigation means consist of a buried inflatable bag 8). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to measure a parameter of the granular medium by at least one sensor, and wherein the variation of the internal volume during varying the internal volume is controlled by a machine learning algorithm trained on said parameter. The motivation would have been to more accurately inflate the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678