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
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 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)(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.
Claim(s) 1-11 and13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walker (US 6,988,458).
With regards to claim 1, Walker discloses an apparatus for servicing an elongate aquatic structure (30, 31), comprising a frame (40, 42, 43) for attachment to the structure and configured for servicing the structure and/or transport along the structure, wherein the frame comprises at least two parts moveable relative to one another so as to open and close the frame for arrangement around the structure (figure 3), each of the parts having a corresponding buoyancy members (20) attached thereto by a respective connector (40, 41) that is adjustable such that an angle of a longitudinal axis of the frame when floating in water may be adjusted relative to the vertical to match an angle of the elongate aquatic structure to which the apparatus is to be attached, so that the frame is arranged to fit around the structure while the apparatus is floating (figures 1-3; col. 4, line 10-14).
As to claim 2-3, Walker discloses wherein the connector (40) is a pivotal connector with a pivotal point around midpoint or centre of gravity of the frame (figure 3, col. Lines 10-14).
As to claim 4, Walker discloses wherein the buoyancy members (20) are removably attached to the respective part of the frame (NOTE; anything can be removably attached by removable or fix connector).
As to claim 5, Walker discloses wherein the buoyancy members (20) are connected together by a connector (41, 51) that allows the two parts to move relative to one another (figure 3).
As to claim 6, Walker discloses wherein the connector comprises a first pivotal member (40) attached to one or more of said buoyancy members (20), and a second pivotal member (40) attached to the frame, the first and second pivotal members being pivotally connected together (figure 1-3).
As to claim 7, Walker discloses, including a variable length connector (41, 51) connected between the first and second pivotal member (40) so as to adjust the pivot angle therebetween (figure 3).
As to claim 8-10, Walker discloses wherein one of the first and second pivotal members has at least one slot therein and the other one of the first and second pivotal members has a corresponding at least one pin or bolt that passes through the corresponding slot, the pin or bolt being arranged to move along the corresponding slot as the pivot angle is adjusted (figure 3; col. 4, lines 10-14; NOTE: well known to use slot and pin/bolt for pivotal connections).
As to claim 11, Walker discloses wherein the connector is remotely adjustable (col. 2, lines 39-58).
As to claim 13, Walker discloses wherein the buoyancy member (20) are elongate in a generally horizontal direction so as to stabilize the apparatus when floating in water (pontoons 20 with elongated cavities; col. 2, lines 12-14).
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walker (US 6,988,458) in view of Eathorne (US 6,371,696).
As to claim 12, Walker discloses wherein the buoyance members (20) have overall buoyance of the apparatus is positive when floating in water (figure 1-3). Walker discloses the invention substantially as claimed. However, Walker is silent about wherein the buoyancy of the buoyancy member is adjustable. Eathorne teaches a similar apparatus (11) including adjustable buoyancy members (26) (figure 4). It would have been obvious to one of ordinary skill in the art to modify the apparatus of Walker to use adjustable buoyancy members as taught by Eathorne, since it would provide adjustable buoyancy.
Conclusion
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/CARIB A OQUENDO/ Primary Examiner, Art Unit 3678
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