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 .
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.
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)(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, 3-11 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eisenhower (2013/0070565).
Regarding claims 1 and 11, Eisenhower discloses an underwater planting machine comprising:
a main body
a planting device (Figure 6) which installs a planting member (2,3,4,5) having algae or aquatic plants fixed thereto (pgph 0016) to dispose the algae or aquatic plants at a predetermined position on a water bottom
a traveling device which causes the main body and the planting device to travel (pgph 0053)
a power source which drives the traveling device (pgph 0053)
wherein the planting device disposes the planting member at a predetermined position on the water bottom while being moved by the traveling device (Figure 6)
a management device which manages a planting target position (pgph 0028)
a control device which controls the underwater planting machine based on the planting target position acquired from the management device (pgph 0028)
Regarding claim 3, the planting device is disposed on the rear side of the traveling device in the traveling direction (Figure 6).
Regarding claim 4, the planting member (2,3,4,5) is composed of/includes a cable (2).
Regarding claim 5, algae or aquatic plants are arranged at a plurality of positions at predetermined intervals along the cable (pgph 0030).
Regarding claim 6, the planting member is buried by pouring soil on the water bottom rom above the planting member after disposing the planting member at a predetermined position on the water bottom (pgph 0014).
Regarding claim 7, the planting device includes an accommodation portion (9) which accommodates the cable and a delivery portion (13 + unnumbered axle) which delivers the cable to the water bottom (pgph 0035).
Regarding claim 8, the delivery portion is provided at a plurality of positions at intervals in a width direction of the traveling direction (Figure 5, two spaced arms (13) connected to drive means 20).
Regarding claim 9, the traveling device includes a pair of crawler tracks and the plurality of delivery portions do not overlap the crawler tracks when viewed from a traveling direction of the traveling device (Figure 6, pgph 0053).
Regarding claim 10, the planting device further includes a transmission portion (20) which transmits a driving force of the traveling device to the delivery portion.
Regarding claim 14, the planting system includes an underwater working device which levels the water bottom (pgph 0053 – tracks inherently level the bottom) wherein the control device controls the planting so that the planting member is installed on the water bottom leveled by the underwater working device (the planting occurs behind the traveling device which is leveled by the tracks).
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(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eisenhower (2013/0070565).
Regarding claim 2, Eisenhower discloses the invention as described above, but fails to specifically disclose that the planting device is disposed on the front side of the traveling device in the traveling direction. It would have been an obvious matter of design choice to place the planting device at the front of the traveling device, as Applicant has not disclosed that it solves any stated problem of the prior art or is for any particular purpose. It appears that the invention would perform equally well as the invention disclosed by Eisenhower. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See also, In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Claim(s) 12-13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eisenhower (2013/0070565) as applied to claims 1 and 11 above and further in view of Hartland et al. (11,634,198).
Regarding claims 12-13 and 15, Eisenhower discloses the invention as described above including correctly positioning and detecting the position of the elements laid on the seafloor. Eisenhower fails to specifically disclose how the detecting and positioning is accomplished. Like Eisenhower, Hartland also discloses a vessel with deployable remotely controlled vehicle that travels along the seafloor for deploying elements at predetermined positions along the seafloor. Unlike Eisenhower, Hartland discloses that this can be accomplished using a traveling position detector to monitor the position of the deployed vehicle and laying elements using a target position and associated travel position of the vehicle using a management and control device (column 4 line 58 – column 5 line 10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the travel and target position detectors and control device of Hartland in Eisenhower as it would be combining prior art elements according to known methods to obtain predictable results (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Anderson (6,793,438) also discloses an underwater planting device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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