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 .
Prosecution History Summary
Claims 1-16 are pending.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "205" and "250" have both been used to designate “crankshaft”; reference characters "52" and "2712" have both been used to designate “annular portion”; reference characters "14" and "6" have both been used to designate “motor”; reference characters "21" and "22" have both been used to designate “toggle connecting rod”. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “14” has been used to designate both “spring” and “motor”; reference character “21” has been used to designate both “sleeving portion” and “toggle connecting rod”; reference character “414” has been used to designate both “second connecting hole” and “second connection hole”. 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 § 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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (CN 104943839B) (translated).
As per claim 1, Wang teaches an underwater vehicle, comprising a frame (Wang: 1) and a driving device (Wang: 6), wherein a wing fixing support rod (Wang: 604), a wing rotating support rod (Wang: 603) and a wing tip support rod (Wang: 606) are provided on the driving device (Wang: Figure 3), a first end of the wing fixing support rod and a first end of the wing rotating support rod are movably connected to the driving device (Wang: Figure 3), a second end of the wing rotating support rod is movably connected to the wing tip support rod (Wang: Figure 3), and at least one main wing rib (Wang: 501) is provided on the wing fixing support rod and the wing rotating support rod (Wang: Figure 3), and at least one wing tip wing rib is sleeved on the wing tip support rod (Wang: Figure 3).
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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.
Claims 2-6 and 11 are rejected under 35 U.S.C. 103 as being obvious over Wang et al. (CN 104943839B) in view of Li et al. (CN 113525642A).
The applied reference has a common assignee and inventors with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
As per claim 2, the underwater vehicle of claim 1 is as described. Wang does not explicitly teach the following, however, Li teaches wherein the driving device comprises a first energy storage motor device (Li: 210), a second energy storage motor device (Li: 220), a third energy storage motor device (Li: 230), a fourth energy storage motor device (Li: 240) and a crankshaft (Li: 250), wherein a first end of the crankshaft is fixedly connected to the first energy storage motor device (Li: pg. 6: first end of the crankshaft is connected with the first energy storing motor device), the middle of the crankshaft is connected to the second energy storage motor device (Li: pg. 6; the middle of the crankshaft is connected to the second energy storage motor device), the second energy storage motor device is connected to the third energy storage motor device via a support portion (Li: pg. 6; the second energy storage motor device is connected to the third energy storage motor device through a support part 270), and the fourth energy storage motor device is arranged at an output end of the third energy storage motor device (Li: pg. 8; one end of the fourth energy storage motor device 240 is fixedly connected to a coupler at an output end of the third energy storage motor device 230), and power output directions of the first energy storage motor device, the second energy storage motor device, the third energy storage motor device and the fourth energy storage motor device are different (Li: pg. 6; the second energy storage motor device 220, the third energy storage motor device 230, and the fourth energy storage motor device 240 are different from each
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other).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have the specifics regarding the driving device and connections to the wings as taught by Li within the device of Wang. As in Wang, it is within the capabilities of one of ordinary skill in the art to include the driving device and attachments of movement for the wings as taught by Li to Wang’s teaching of the driving device and how to move the wings. It would have been obvious that a method of enhancing a particular class of devices (methods, or products) has been made part of the ordinary capabilities of one skilled in the art based upon the teaching of such improvement in other situations. One of ordinary skill in the art would have been capable of applying this known method of enhancement to a “base” device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art.
As per claim 3, the underwater vehicle of claim 2 is as described. Wang does not explicitly teach the following, however, Li teaches wherein the support portion (Li: 270) comprises a base (Li: 271), a circular portion (Li: 272) and a fixing frame (Li: 276), the base is provided with a fixing column (Li: 273), the circular portion is sleeved on the fixing column (Li: pg. 8; the ring-shaped portion 272 is provided on the base 271 by being sleeved on the fixing column 273), the fixing column is a hollow structure (Li: pg. 8; the fixing column 273 has a hollow structure), and the fixing frame is arranged at an output end of the second energy storage motor device (Li: pg. 8; the fixing frame 276 is connected with the second energy-storing motor device 220), wherein the base comprises a U-shaped portion (Li: pg. 8; two long sides of the U-shaped portion 2711) and an annular portion (Li: 2712), the circular portion and the annular portion are arranged in parallel to each other (Li: pg. 8; the ring-shaped portion 272 and the ring-shaped portion 2712 are in parallel), the U-shaped portion is connected to the output end of the second energy storage motor device (Li: pg. 8; the U-shaped portion 2711 and the second energy -storing motor device 220 are clamped with each other), and the circular portion and the annular portion are respectively sleeved on different positions of the third energy storage motor device (Li: pg. 8; the ring-shaped portion 272 and the annular portion 2712 are sleeved at different position on the sealing sleeve of the third energy-storage motor device 230).
The motivation to combine the teachings is same as claim 2.
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As per claim 4, the underwater vehicle of claim 2 is as described. Wang does not explicitly teach the following, however, Li teaches wherein any one of the first energy storage motor device, the second energy storage motor device, the third energy storage motor device and the fourth energy storage motor device comprises a motor assembly (Li: 10) and a coupling (Li: 2); the motor assembly comprises a motor (Li: 6), an output shaft (Li: 3) of the motor is arranged at an output side of the motor assembly (Li: pg. 6; Drive device may be a motor assembly comprising a motor and a coupling provided on an output shaft of the motor assembly), a sliding groove (Li: 12) is provided on an end face of the motor assembly (Li: pg. 7; the sliding groove 12 is arranged on the outside surface of the motor assembly 10), springs are provided in the sliding groove (Li: pg. 7; a spring is provided in the slide groove 12 so that the paddle can compress the spring), and one end of the coupling is sleeved on the output shaft (Li: 3) and can rotate along with the output shaft (Li: pg. 7; kinetic energy of the output shaft 3 is transmitted to the paddle portion along with the rotation of the coupling 2), and the other end of the coupling (Li: 2) moves in the sliding groove (Li: 12) and can compress the springs on the basis of the rotation of the output shaft (Li: figure 13).
The motivation to combine the teachings is same as claim 2.
As per claim 5, the underwater vehicle of claim 3 is as described. Wang does not explicitly teach the following, however, Li teaches wherein a connecting portion (Li: 160) is provided at a second end of the crankshaft (Li: pg. 8; the first connection assembly 160 located at a second end of the crankshaft 250), and the first energy storage motor device and the connecting portion are respectively connected to the frame (Li: pg. 8; first connection assemble 160 is connected to the sealed casing of the first energy storage motor device 210 on the frame.).
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The motivation to combine the teachings is same as claim 2.
As per claim 6, the underwater vehicle of claim 5 is as described. Wang does not explicitly teach the following, however, Li teaches wherein a first connecting assembly (Li: 160) and a second connecting assembly (Li: 170) are respectively provided on the frame (Li: pg. 8; first connection assembly and second connection assembly may be disposed on the frame 100), the first connecting assembly is connected to the first energy storage motor device (Li: pg. 6; a second end of the crankshaft 250 is provided with a first connection assembly 160 so that the first energy-storing motor device 210 can drive the crankshaft 250 to rotate), and the second connecting assembly is connected to the connecting portion (Li: figure 5).
The motivation to combine the teachings is same as claim 2.
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As per claim 11, the underwater vehicle of claim 10 is as described. Wang does not explicitly teach the following, however, Li teaches wherein a rotation control portion (Li: 242) is provided on a coupling of an output end of the fourth energy storage motor device (Li: 240), and the rotation control portion (Li: 242) is connected to a rotation device (Li: 300) via a traction device (Li: 400).
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The motivation to combine the teachings is same as claim 2.
Allowable Subject Matter
Claims 7-10 and 12-16 are 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. Examiner specifically notes the prior arts fail to teach the “wing rotating support rod” fixedly connected to the third energy storage motor device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cao et al. – CN 117262164A – Teaches a manta ray-like submersible with energy storage module.
Wu et al. – CN 110304223A – Teaches a bionic manta ray using bevel gear and crank rocker mechanisms.
Liu et al. – CN 109533249B – Teaches a bionic underwater vehicle with a flapping propulsion device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEETAL R. PAULSON whose telephone number is (571)270-1368. The examiner can normally be reached M-F 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached at (571) 272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHEETAL R PAULSON/Primary Examiner, Art Unit 3615
Prosecution Insights