DETAILED ACTION
This office action is in response to the application filed on July 23, 2024. Claims 1 – 14 are pending.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. NO20220175, filed on February 8, 2022.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on October 15, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Claim Objections
The following claims are objected to because of the following informalities:
In Claims 1 - 14, the use of a phrase or number, which is enclosed within parentheses, is to be considered as having no effect on the scope of the claims. In the claim the use of parentheses is used to enclose “numbers”, see MPEP 608.01. It is recommended that the parentheses and numbers be deleted.
In Claims 1 - 11, they recite the term “characterised”. The Examiner has interpreted “characterised” to mean “characterized ”, as there appears to be is a typographical error.
Appropriate correction is required. (See MPEP 714 Amendments)
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 12 - 14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 12 recites the limitation “determine whether the vessel's towing power is correct”. Nowhere in the specification does it reference or describe how to determine if the towing power is correct. The specification merely restates the claim limitation (See Par. [0044] of the PGPub). Nowhere in the specification does it reference or describe how or what the correct towing power should be with regards to the speed and direction of the fish. It merely states that “The result of this calculation is transmitted by acoustics (or cable) to the vessel 62 so that the skipper can determine whether the vessel's towing power is correct”. There is no further description or definition of how the skipper determines the correct towing power or further how the skipper adjust the towing power. Hence, it is not found how the towing power of the vessel is determined with regards to the speed and direction of the fish in the trawl in order to adjust the power. Claims 13 and 14 are rejected for the reasons above by virtue of their respective dependencies.
Claim Rejections - 35 USC § 112(b)
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 12 - 14 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 pre-AIA the applicant regards as the invention.
Regarding Claim 12, it recite the limitation “too low or too high”. This limitation is not clearly defined. The terms “too low” or “too high” are relative terms which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examining purposes, the Examiner has broadly interpreted the claim limitation. Claims 13 and 14 are rejected for the reasons above by virtue of their respective dependencies.
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 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 of this title, 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.
Claims 1, 2 and 4 - 10 are rejected under 35 U.S.C. 103 as being unpatentable over Terry (US 2015/0156998 A1) referred to as Terry hereinafter, in view of James et al., (US 2019/0228218 A1) referred to as James hereinafter.
Regarding Claim 1, Terry teaches an underwater sensor (10) (Fig. 2 Par. [0043] A sensing array 202 may be associated with the underwater harvesting device 200) comprising several cameras (14) (Par. [0053], the sensor(s) 322A-N (i.e. several) may be configured by the processor 316 to generate sensor data 303 (e.g. video stream data) (i.e. from cameras)) that take pictures of fish (70) (Par. [0025], The one or more sensor(s) generate sensor data pertaining to one or more environmental characteristics of the fishing environment (i.e. video or pictures of fish)) to identify species and measure size (Par. [0030], The system may include aspects of video monitoring, device state feedback, data sensors for information acquisition (e.g. live fish counting, length (i.e. size), shape, and fish identification (i.e. species) systems), characterised by a sensor housing (12) (Par. [0043], the sensing array 202 may be a watertight device (i.e. housing)) which can be placed in a trawl (50) (Par. [0044] the sensing array 202 coupled to the tow wing may allow the sensing array 202 to stay submerged during towing, Par. [0050], [0050] The sensing array 202 may be coupled to the underwater harvesting device 200. In the trawl-net embodiment of FIG. 2, the sensing array 202 may be positioned at the anterior of the catch-end of the trawl net, as shown in FIG. 5C, Also, Fig. 5E), where the sensor housing (12) comprises:
- at least two cameras (14) (Par. [0053], the sensor(s) (i.e. at least two) 322A-N may be configured by the processor 316 to generate sensor data 303 (e.g. video stream data) (i.e. from cameras)) configuration arranged to take pictures of passing fish (Par. [0030], The system may include aspects of video monitoring (i.e. taking pictures of passing fish), device state feedback, data sensors for information acquisition (e.g. live fish counting, length (i.e. size), shape, and fish identification (i.e. species) systems), Par. [0050], the sensing array 202 may be positioned at the anterior of the catch-end of the trawl net, as shown in FIG. 5C. Such positioning may enable monitoring (i.e. taking pictures of passing fish)and/or identification of fish before reaching the catch-end),
- one or more light modules (16) (Par. [0037], an electronic device may be a light-emitting device (i.e. one light module) and may emit light of any wavelength) to illuminate passing fish (Par. [0040], an electronic device(s) 115A-N may be a light-emitting device 117 and may be used in concert with a video camera device to record video data of the illuminated contents (i.e. passing fish) of the harvesting device 118),
- a sonar (18) (Par. [0040], the sensor(s) 322A-N (i.e. a sonar) may be configured by the processor 316 to generate sensor data 303 (e.g. video stream data, temperature data, humidity data, sonar data (i.e. data from the sonar)) arranged to register passing fish (Par. [0030], data sensors for information acquisition (e.g. live fish counting (i.e. register passing fish), length, shape, and fish identification systems)),
- a control and processing unit (22) connected to said cameras (14), light modules (16) and sonar (18) (Fig. 3, Par. [0050]-[0051], The sensing array 202 may further comprise a processor 316 (e.g. a CPU or a GPU) (i.e. processing unit) to which the router 310, a controller 312 (i.e. control), a positioning device 318, and one or more sensors 322A-N (i.e. cameras and sonar) may be coupled. The control signal may manipulate a device (e.g. electronic device(s) 313A-N (i.e. light modules), electro-mechanical device(s) 315A-N) coupled to the controller 312.), and
- a battery (20) (Par. [0050], These components of the sensing array 202 may be powered through a power supply 320 (i.e. battery), where a power source (e.g. battery charged by solar cells and/or wind turbine) (See Par. [0063])),
wherein the control and processing unit (22) on a signal from the sonar (18) (Par. [0050] The sensing array 202 (i.e. includes the sonar) may be coupled to the underwater harvesting device 200. In the trawl-net embodiment of FIG. 2, or the sensing array 202 (i.e. includes the sonar) may be positioned at the anterior of the catch-end of the trawl net, as shown in FIG. 5C. Such positioning may enable monitoring and/or identification of fish before reaching the catch-end) is arranged to activate or deactivate said cameras (14) (Par. [0052], a control signal may be transmitted to the controller 312 to initiate or halt operation of a video camera device.) and light modules (16) (Par. [0051] a control signal may be transmitted to the controller 312 to manipulate operation of a light-emitting device coupled to the controller 312, Par. [0040], a light-emitting device and may be used in concert with a video camera device to record video data of the illuminated contents of the harvesting device 118), and to process said images to identify the species and measure the size of passing fish (Par. [0030], The system may include aspects of video monitoring, device state feedback, data sensors for information acquisition (e.g. live fish counting, length (i.e. size), shape, and fish identification (i.e. species) systems).
Terry does not specifically teach a stereo configuration of cameras. Therefore, Terry fails to explicitly teach at least two cameras (14) in stereo configuration arranged to take pictures of passing fish.
However James teaches at least two cameras (14) in stereo configuration (Fig. 2, Par. [0030], a camera system 285 in a fish tank 280 may include a plurality of cameras, such as a left stereo camera 285A and a right stereo camera 285B) arranged to take pictures of passing fish (Par. [0029], the camera system 185/285 may be positioned within the tank 180/280 to enable cameras 285A and 285B to focus on fish in these particular depths or areas. The camera system 185 may be positioned substantially parallel to the current, as depicted in FIG. 2. Other fish may swim (i.e. pictures of passing fish) with the current or may not have swimming patterns that are dependent upon a current).
References Terry and James are considered to be analogous art because they relate to underwater imaging of fishing environments. Therefore, it would be obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to specifying the a stereo configuration for the cameras as taught by James in the invention of Terry. This modification would provide more than one image for a particular fish from slightly different angles which may be used to improve characterization of the fish (See James, Par. [0030]).
Regarding Claim 2, Terry in view of James teaches Claim 1. Terry further teaches characterised in that the sensor housing (12) comprises fastening means (26) for attachment to a net wall in a trawl bag (54) of the trawl (50) (Par. [0050] The sensing array 202 may be coupled (i.e. fastening means) to the underwater harvesting device 200. In the trawl-net embodiment of FIG. 2, the sensing array 202 may be positioned at the anterior of the catch-end of the trawl net, as shown in FIG. 5C). James further teaches the sensor housing (12) comprises fastening means (26) for attachment to a net wall in a trawl bag (54) of the trawl (50) in Par. [0028], The camera system 185 may be held in position in the tank 180 in various ways such as by using a surface buoy, sub-surface buoys, fixed structures (i.e. fastening means), or cable lines (i.e. fastening means).
Regarding Claim 4, Terry in view of James teaches Claim 1. Terry further teaches characterised in that the sonar (18) has mainly the same field of view as said cameras (14) (Par. [0040], The sensor(s) 124A-N may collect data pertaining to (i.e. mainly the same view) the harvesting device 118 and may transmit the data to the data processing device 103. Such data may include video stream data (e.g. monitoring the contents of the harvesting device 118), sound data, pressure data, sonar data, etc. Par. [0050] The sensing array 202 may be coupled to the underwater harvesting device 200. In the trawl-net embodiment of FIG. 2, the sensing array 202 may be positioned at the anterior of the catch-end of the trawl net, as shown in FIG. 5C. Such positioning may enable monitoring and/or identification of fish (i.e. mainly the same field of view) before reaching the catch-end. Par. [0054] individual video data streams may be associated with individual sensor data streams corresponding to sensors 322A-N that may gather sensor data 303 in the vicinity (i.e. mainly the same field of view) of the sensors 322A-N).
Regarding Claim 5, Terry in view of James teaches Claim 1. Terry further teaches characterised in that the sonar (18) when registering fish within its field of view (Par. [0050] The sensing array 202 (i.e. includes the sonar) may be coupled to the underwater harvesting device 200. In the trawl-net embodiment of FIG. 2, or the sensing array 202 (i.e. includes the sonar) may be positioned at the anterior of the catch-end of the trawl net, as shown in FIG. 5C. Such positioning may enable monitoring and/or identification of fish (i.e. registering fish within field of view) before reaching the catch-end) is arranged to send a signal to the control and processing unit (22) (Fig. 9, Step 900 and 902, Par. [0092], a sensor (i.e. sonar) of an underwater sensing array generates sensor data (i.e. sonar data). In operation 902, the sensor data is transmitted to a data processing device of a fishing vessel coupled to the underwater harvesting device) about activation of said cameras (14) (Par. [0052], a control signal may be transmitted to the controller 312 to initiate (i.e. activation) or halt operation of a video camera device.) and light modules (16) (Par. [0051] a control signal may be transmitted to the controller 312 to manipulate operation of a light-emitting device coupled to the controller 312, Par. [0040], a light-emitting device and may be used in concert (i.e. together) with a video camera device to record video data of the illuminated contents of the harvesting device 118).
Regarding Claim 6, Terry in view of James teaches Claim 1. Terry further teaches characterised in that the sonar (18) (Par. [0050] The sensing array 202 (i.e. includes the sonar) may be coupled to the underwater harvesting device 200. In the trawl-net embodiment of FIG. 2, or the sensing array 202 (i.e. includes the sonar) may be positioned at the anterior of the catch-end of the trawl net, as shown in FIG. 5C. Such positioning may enable monitoring and/or identification of fish before reaching the catch-end) is arranged to send a signal to the control and processing unit (22) (Fig. 9, Step 900 and 902, Par. [0092], a sensor (i.e. sonar) of an underwater sensing array generates sensor data (i.e. sonar data). In operation 902, the sensor data is transmitted to a data processing device of a fishing vessel coupled to the underwater harvesting device) about the deactivation of said cameras (14) (Par. [0052], a control signal may be transmitted to the controller 312 to initiate or halt (i.e. deactivation) operation of a video camera device.) and light modules (16) (Par. [0051] a control signal may be transmitted to the controller 312 to manipulate operation of a light-emitting device coupled to the controller 312, Par. [0040], a light-emitting device and may be used in concert (i.e. together) with a video camera device to record video data of the illuminated contents of the harvesting device 118).
Regarding Claim 7, Terry in view of James teaches Claim 1. Terry further teaches characterised in that the underwater sensor (10) comprises an acoustic link (24) arranged to send data signals to a vessel (62) (Fig. 3, Par. [0048]-[0049] The router 306, router 310 and the umbilical long line 324 may be constituents of an underwater-surface communication system that facilitates bi-directional transmission of data (i.e. send data signals) between the data processing device 204 and the sensing array 202. The umbilical long line 324 may be a watertight interconnect system that may facilitate communication between underwater components (e.g. sensing array 202, components thereof, and/or components coupled thereto) and surface components (e.g. data processing device 204) of the fishing system (i.e. fishing vessel 208 as illustrated in Fig. 3). The umbilical long line 324 may comprise any number and type of interconnection methods (e.g. VDSL coaxial cable, ethernet cable, wireless router(s), wireless access points, etc.) (i.e. acoustic link) and may be a communicative conduit between the data processing device 204 and the sensing array 202).
Regarding Claim 8, Terry in view of James teaches Claim 1. Terry further teaches characterised in that said light modules (16) are LED lights (Par. [0037], an electronic device may be a light-emitting device and may emit light of any wavelength (i.e. LED light wavelength varies from 380-880nm)).
Regarding Claim 9, Terry in view of James teaches Claim 1. Terry further teaches characterised in that the sonar (18) is arranged to record biomass of passing fish (Par. [0067], Measurement of the biomass may be facilitated by stereooptic video, laser measurement marking, and/or the sonar system).
Regarding Claim 10, Terry in view of James teaches Claim 1. Terry further teaches characterised in that the control and processing unit (22) based on collected image data from the cameras (14) and registered biomass from the sonar (18) is designed to estimate the total amount of fish in the trawl (54) (Par. [0030], The system may include aspects of video monitoring, device state feedback, data sensors for information acquisition (e.g. live fish counting (i.e. estimate total amount of fish), length, shape, and fish identification systems)).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Terry (US 2015/0156998 A1), in view of James (US 2019/0228218 A1), and in further view of SKJOLD-LARSEN (WO 2005077162 A1) referred to as SKJOLD-LARSEN hereinafter.
Regarding Claim 3, Terry in view of James teaches Claim 2. Terry in view of James does not specifically teach fastening ears and shackles. Therefore, in view of James fails to explicitly teach said fastening means (26) for fastening the underwater sensor (10) comprises several fastening ears and shackles.
However, SKJOLD-LARSEN teaches said fastening means (26) for fastening the underwater sensor (10) comprises several fastening ears and shackles (Page 4, lines 33-34 A trawl probe is a sensor module which indicates in which area the catch is taking place by detecting entry of fish, trawl height, opening and bottom clearance. The trawl probe comprises a main body 3 arranged on the upper side of the trawl 1. the trawl probe 3 is fastened to the bag by rubber straps 4 and an attachment rope 5 and karabiners or snap hooks 7 (shackles). The main body comprises fastening devices, in this case in the form of rings 3a (i.e. fastening ears) for attachment to the trawl, Page 5 lines 1-2 this sensor module is flattened and square, and is arranged in such manner that it rests against the trawl).
References Terry, James and SKJOLD-LARSEN are considered to be analogous art because they relate to underwater sensing in fishing environments. Therefore, it would be obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to specifying fastening sensors with ears and shackles as taught by SKJOLD-LARSEN in the inventions of Terry and James so that the distance between the trawl and the sensor module is small (See SKJOLD-LARSEN, Page 5, Line 3).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Terry (US 2015/0156998 A1), in view of James (US 2019/0228218 A1), and in further view of Kester et al. (US 2019/0003984 A1) referred to as Kester hereinafter.
Regarding Claim 11, Terry in view of James teaches Claim 1. Terry in view of James do not specifically teach rechargeable battery capacity. Therefore, Terry in view of James fails to explicitly teach the battery (20) is a rechargeable battery with a capacity of up to 100 Wh.
However, Kester teaches the battery (20) is a rechargeable battery with a capacity of up to 100 Wh (Par. [0375], The components of the data acquisition and processing module 1020 (including the imaging optics, focal plane array, and on board processing electronics may) can also be configured to operate at relatively low overall energy levels for a single charge of the batteries 1588, e.g., at energy levels in a range of about 60 Watt-hours (Wh) to about 100 Wh).
References Terry, James and Kester are considered to be analogous art because they relate to remote imaging systems. Therefore, it would be obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to specifying rechargeable battery capacity as taught by Kester in the inventions of Terry and James. This modification would allow the data acquisition and processing module containing a power supply comprising one or more batteries (which may be rechargeable) to operate for long periods of time about 10 hours and 24 hours without recharging or replacing the batteries (See Kester, Par. [0375]).
Claims 12 – 14 are rejected under 35 U.S.C. 103 as being unpatentable over Terry (US 2015/0156998 A1), in view of MALLET et al., (US 2020/0226384 A1) referred to as MALLET hereinafter, and in further view of Skjold-Larsen et al., (US 2014/0230308 A1) referred to as Skjold-Larsen hereinafter.
Regarding Claim 12, Terry teaches a method for detecting fish (70) movement in a trawl (50) (Par. [0050] The sensing array 202 may be coupled to the underwater harvesting device 200. In the trawl-net embodiment of FIG. 2, the sensing array 202 may be positioned at the anterior of the catch-end of the trawl net, as shown in FIG. 5C. Such positioning may enable monitoring and/or identification of fish (i.e. detecting fish movement in trawl) before reaching the catch-end, where fish usually remain until the trawl net is pulled out of the water (i.e. towing power) and back to the fishing vessel 208), said trawl (50) being hauled by a vessel (62) having towing power (44) (Fig. 3, Par. [0042], The underwater harvesting device 200 may be coupled to the fishing vessel 208. The underwater harvesting device 200 may constitute any method of harvesting marine organisms such as a trawl net), wherein the trawl (50) comprises an underwater sensor (10) (Fig. 3 Par. [0050], The sensing array 202 (i.e. underwater sensor) may be coupled to the underwater harvesting device 200 (i.e. trawl), said method comprises the steps of:
using at least one camera (14) to track fish (70) over a sequence of images (Par. [0030], The system may include aspects of video monitoring (i.e. sequence of images from camera), device state feedback, data sensors for information acquisition (e.g. live fish counting (i.e. tracking fish), length, shape, and fish identification systems)),
applying a tracking algorithm to calculate (Par. [0054], the sensor data 303 may be appended with descriptive metadata generated based on predetermined algorithms (i.e. algorithm) or manually by a user of the data processing device 204. The metadata may comprise textual data (e.g. comments, descriptions), temporal data (e.g. timestamp), and/or geospatial coordinates) of the fish (70) relative to the trawl (50) (Par. [0030], The system may include aspects of video monitoring (i.e. sequence of images from camera), device state feedback, data sensors for information acquisition (e.g. live fish counting (i.e. tracking fish algorithm), length, shape, and fish identification systems),
transmitting the result of the calculations to the vessel (62) (Par. [0053], the sensor(s) 322A-N may be configured by the processor 316 to generate sensor data 303 (e.g. video stream data (i.e. sequence of images from camera), temperature data, humidity data, sonar data, pressure data, salinity data, diluted oxygen (DO) concentration data, nitrogen concentration data, etc.), which may be transmitted to the data processing device 204 (i.e. transmitting to vessel) by the processor 316. A user 311 may subsequently view the sensor data 303 through a display unit 309 (i.e. on vessel) (e.g. LCD, LED, CRT) of the data processing device 204) to determine whether the vessel's towing (Par. [0054], The metadata may comprise textual data (e.g. comments, descriptions), temporal data (e.g. timestamp), and/or geospatial coordinates (i.e. determine vessel’s towing is correct). For example, a user 311 of the data processing device 204 viewing the sensor data 303 may be desirous of supplementing the data with relevant metadata. Furthermore, individual video data streams may be associated with individual sensor data streams corresponding to sensors 322A-N that may gather sensor data 303 in the vicinity of the sensors 322A-N).
Terry does not specifically teach calculating speed and direction of the fish. Therefore, Terry fails to explicitly teach a method for using at least one camera (14) to track fish (70) over a sequence of images, applying a tracking algorithm to calculate the speed and direction of the fish (70) relative to the trawl (50), and transmitting the result of the calculations to the vessel (62).
However, MALLET teaches using at least one camera (14) to track fish (70) over a sequence of images (Fig. 1, Fig. 2, Par. [0023], recording a 360° video (i.e. sequence of images) by means of a High Definition camera), applying a tracking algorithm to calculate the speed and direction of the fish (70) (Par. [0049], the method provides for an extrapolation step by calculating the speed of the fish on the track and the highlighting of the direction.), transmitting the result of the calculations (Par. [0026] With the video having recorded the fish in motion, it is then available for a screen display).
References Terry and MALLET are considered to be analogous art because they relate to underwater imaging of fishing environments. Therefore, it would be obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to specify calculating the speed and direction of the fish as taught by MALLET in the invention of Terry. This modification would provide a method for counting and determining species that is in part automated in such a way as to limit the interventions of experts and to limit the assessment time. This will also have a great advantage because these counting and determining operations can be more numerous and therefore the tracking will be finer and the data more numerous, more reproducible and comprising fewer errors (See MALLET, Par. [0017]).
Terry in view of MALLET do not specifically teach adjusting the towing power based on detecting fish movement. Therefore, Terry in view of MALLET fails to explicitly teach a method for adjusting towing power (44) of a vessel (62) based on detecting fish (70) movement in a trawl (50), transmitting the result of the calculations to the vessel (62) to determine whether the vessel's towing power (44) is correct, and adjusting the towing power (44), if the towing power (44) is too low or too high
However, Skjold-Larsen teaches a method for adjusting towing power (44) of a vessel (62) (Par. [0013], The device employed to movement of the trawl bags to or from a position (i.e. adjust towing power) where the fish can flow on the outside of the trawl bags, may be a motor (i.e. towing power) or any other suitable device for movement (i.e. adjusting) which can be controlled via a two-way communication link from the processing unit) based on detecting fish (70) movement in a trawl (50) (Par. [0003], a system for monitoring fish which are on the way into one or more trawl bags in order to work out the kind of fish, number of fish (quantity) and the size of the fish, where the monitoring device may be in the form of a camera), transmitting the result of the calculations to the vessel (62) to determine whether the vessel's towing power (44) is correct (Par. [0003], By providing such a system, an operator may either give a signal to a device to move one or more of the trawl bags on the framework depending on the amount of fish, kind of fish and size of the fish, or the movement may be performed automatically by means of calculations (i.e. transmitting the result of calculations) and on a signal from the processing equipment), and adjusting the towing power (44) Par. [0015], Based on information from the monitoring device, the trawl bags may either be moved automatically or moved manually (i.e. adjusting towing power) on a signal from an operator), if the towing power (44) is too low or too high (Par. [0008], where a device, based on data from the processing unit, can move (i.e. adjusting towing power) the opening in the at least one trawl bag to a position where fish flow through the inflow area (i.e. correct towing power, not too low or too high)).
References Terry, James and Skjold-Larsen are considered to be analogous art because they relate to underwater sensing in fishing environments. Therefore, it would be obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to specifying adjusting towing power as taught by Skjold-Larsen in the inventions of Terry and MALLET so that time is thereby saved when the trawl is pulled up to the vessel by minimizing the time spent on sorting unwanted fish (See Skjold-Larsen, Par. [0003]).
Regarding Claim 13, Terry in combination with James and Skjold-Larsen teach claim 12. Skjold-Larsen further teaches wherein fish (70) are tracked to detect if they are entering into the trawl (50) (Par. [0003] a system for monitoring fish (i.e. tracking fish) which are on the way into one or more trawl bags (i.e. entering the trawl) in order to work out the kind of fish, number of fish (quantity) and the size of the fish) or swimming out of the trawl (50) (Par. [0003], with regard to the size or type of fish, filling the trawl (i.e. swimming out of the trawl)).
Regarding Claim 14, Terry in combination with James and Skjold-Larsen teach claim 12. Terry further teaches wherein signals are sent acoustically from the underwater sensor (10) to the acoustic receiver and transmitter (64) onboard the vessel (62) (Fig. 3, Par. [0048]-[0049] The router 306 (i.e. transmitter onboard the vessel), router 310 (i.e. receiver) and the umbilical long line 324 may be constituents of an underwater-surface communication system that facilitates bi-directional transmission of data (i.e. sent acoustically) between the data processing device 204 and the sensing array 202 (i.e. underwater sensor))..
Conclusion
The prior art references made of record are not relied upon but are considered pertinent to applicant's disclosure. (KR 200265946 Y1) teaches a case for protecting waterproof camera used in fishery. Hammersland et al. (US 6,138,397 A) teaches a method and device for operation of a trawl with a sensor positioned directly to the upper side of the trawl to record and transmit data to the vessel. Skjold-Larsen (US 7,405,999 B2) teaches a sensor module for trawl. Skjold-Larsen (US 2009/0133313 A1) teaches a sensor main body located on the surface of the net or the trawl body with attachment devices. Sato et al. (US 2019/0353765 A1) teaches an underwater fish species estimating system. Hystad (US 2022/0264855 A1) teaches controlling towed marine object may be submerged objects (e.g. trawls).
Any inquiry concerning this communication should be directed to SUSAN E HODGES whose telephone number is (571)270-0498. The Examiner can normally be reached on Monday - Friday from 8:00 am (EST) to 4:00 pm (EST).
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor, Brian T. Pendleton, can be reached on (571) . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Susan E. Hodges/Primary Examiner, Art Unit 2425