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.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information (US2006/0273020; US20140170059; US20210228718) submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: FIG. 1:180. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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 Objections
Claim 4 is objected to because of the claim recites “… rotating 4 shaft …” and should recite “… rotating
Claim 7 is objected to because of the claim recites “…egg-shaped container. and an outlet …” and should recite “…egg-shaped container
Appropriate correction is required.
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.
Claim 1-10 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.
Regarding Claim 1, the applicant recites “a fluid path configured to direct at least some of the fluid through the turbine.” How can there be a “fluid path” when the claim does not recite at least an inlet and an outlet for to form such path? Therefore, the claim is vague and indefinite.
Claims 2-10 are rejected based on the dependency from Claim 1.
Regarding Claim 2, the applicant recites “… metal particles are suspended in a suspension medium within a lumen of the rotating 4 shaft”. A lumen is regarded to an amount of light emitted per second. Therefore, it is unclear “how a suspension medium within a lumen of the rotating 4 shaft”. Moreover, it is unclear what the applicant is referring to suspension medium.
Claims 3-4 are rejected based on the dependency from Claim 2.
Claim 3 recites the limitation " the list ". There is insufficient antecedent basis for this limitation in the claim. Moreover, the claim is regarded to a device. Therefore, it is unclear how a device selects from a list.
Regarding Claim 4, the applicant recites “wherein the suspension medium includes a fatty acid.” It is unclear how a suspension medium includes a fatty acid (refer to rejected Claim 2 above).
Regarding Claim 5, the applicant recites “wherein the fatty acid comprises a medium chain triglyceride.” It is unclear how a suspension medium includes a medium chain triglyceride” (refer to rejected Claim 2 above).
Moreover, Claim 5 recites the limitation " the fatty acid ". There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 8, the applicant recites the wherein the egg-shaped container defines a lumen having a volume of at least1.85gal or 1:1.618 GPM/60.” It is unclear how the egg-shaped container defines a lumen having a volume of at least1.85gal or 1:1.618 GPM/60. (refer to rejected Claim 2 above).
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 1, 6-7 & 9-10 is are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nanayakkara (US 2013/0187386).
Regarding Claim 1, Nanayakkara discloses a device [10] for extracting energy from a fluid (FIG. 1, Claim 1; deep-water power generation system), comprising:
an egg-shaped container [12] (FIG. 1, ¶ [0036]);
a turbine [20] disposed inside the egg-shaped container [12] and mechanically coupled to a generator [30] or alternator, such that operation of the turbine [20] produces electrical energy from the generator [30] or alternator (FIG. 1, ¶ [0041]); and
a fluid path configured to direct at least some of the fluid through the turbine [20] (FIG. 1, Claim 1; “d & g”).
Regarding Claim 6, Nanayakkara discloses the device of claim 1 [see rejected Claim 1],
further comprising an inlet [2] that directs the fluid into the egg-shaped container [12] in a first direction, and an outlet [35] that provides an exit for the fluid out of the egg-shaped container [12] in a second direction that is orthogonal to the first direction (FIG. 1).
Regarding Claim 7, Nanayakkara discloses the device of claim 1 [see rejected Claim 1],
further comprising an inlet [2] disposed at an end of the egg-shaped container [12]. and an outlet [35] at a side of the egg-shaped container [12] (FIG. 1).
Regarding Claim 9, Nanayakkara discloses the device of claim 1 [see rejected Claim 1],
further comprising a funnel [125] within the egg-shaped container [112], and at least a portion of the turbine [122] is disposed within the funnel [125] (FIG. 7).
Regarding Claim 10, Nanayakkara discloses the device of claim 1 [see rejected Claim 1],
wherein the egg-shaped container has a side wall having a phi-shaped curvature (FIG. 1 shows the recited limitation for element 12).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH ORTEGA whose telephone number is (469)295-9083. The examiner can normally be reached M-F 8 AM - 5 PM.
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, TULSIDAS C. PATEL can be reached at (571)272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH ORTEGA/Primary Examiner, Art Unit 2834
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