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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 3 and 4. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-5 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.
The following reads as the not optional claim limitation: “A liquid floatation transport device comprising…a water storage pressure cylinder device.
The following reads as the optional claim limitation: “bottom channel port of the space conversion cabin has two optional devices: one being a water storage pressure cylinder device for storing and inputting the liquid into the space conversion cabin, and the other being a drainage gate connected to a drainage pipe:”.
The examiner interpreted the claim language as though the transport device could have one, both, or neither of the optional limitations and still be within the scope of the invention.
Additionally, claim 1 teaches the suction and exhaust pipe for all embodiments. However, the neither the specification nor the drawings indicate how or where the suction and exhaust pipe is used for the “drainage mode” of the transport device.
Also regarding Claim 1, it recites the limitation "the ground work platform" in the 4th paragraph of the claim. There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 2, it claims the composition of the ambiguously optional water cylinder device.
Regarding claim 4, the phrase "if" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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 1 is rejected, as best understood, under 35 U.S.C. 103 as being unpatentable over Japanese Patent Application JP 6543691 A (hereinafter Suzuki) in view of US Patent 7,025,079 B1 (hereinafter Elnar).
Suzuki discloses a liquid transport device comprising plurality of floating balls, each of which is a carrier used for transporting items, utilizing buoyancy in water (Fig. 5, No. 5, lines 5-7 of the first full paragraph on pg. 9) a water pipe for holding a liquid, wherein the liquid is used to float the plurality of floating balls (Fig. 3, Nos. 5 and 1), a floating ball inlet gate, connected to the ground work platform (Fig. 6), a floating ball outlet gate, connected to the water pipe filled with liquid (Fig. 3), a water storage pressure cylinder device for storing and inputting the liquid (Fig. 3, No. 1), a space conversion cabin with switchable channels, used to accommodate the plurality of floating balls and the liquid for entry and exit, the space conversion cabin being provided with a plurality of channel ports, wherein a top channel port of the space conversion cabin is provided with a floating ball outlet gate connected to the water pipe filled with liquid, a side channel port of the space conversion cabin is provided with a floating ball inlet gate connected to the ground work platform, and a bottom channel port of the space conversion (Fig. 3).
It does not explicitly disclose a suction and exhaust pipe, but No. 8 as described in the specification of Suzuki would necessarily perform the same function for the device to work.
Elnar discloses a suction and exhaust pipe connected to the chamber of the space conversion cabin, wherein the suction and exhaust pipe is used for automatically suctioning and exhausting air and automatically sealing the air hole (column 3 line 52 to column 4 line 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the transport device of Suzuki with the discharge valve of Elnar. The motivation would be to maintain normal pressures in the air and water as they move, prevent vacuums which can be dangerous, and prevent water from spilling out of the air opening.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki and Elnar in further view of JP 2020-033895 (hereinafter Kameyama).
Suzuki and Elnar teach the liquid transport device according to claim 1, and that the conversion cabin has gates (Suzuki Fig. 3 Nos. 3 & 4). However, they do not teach that the side channel communicates with the atmospheric air, or that the top channel communicates with the waterpipe filled with liquid.
Kameyama teaches a side opening that communicates with the atmospheric air (Fig. 3, No.34) and a top opening that communicates with the water pipe filled with liquid (Fig. 3, No. 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the gates of Suzuki with the opening orientation of Kameyama. The motivation would be to provide clean and efficient transitions of the capsules from air to fluid, and minimize water spillage.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMARI JADAN MEDDLING whose telephone number is (571)272-8178. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at 5712726911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMARI J MEDDLING/ Examiner, Art Unit 3651
/GENE O CRAWFORD/ Supervisory Patent Examiner, Art Unit 3651