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 .
Response to Arguments
Applicant's arguments filed 6/12/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. It is noted, however, that pages 6-8 of the Applicant’s Response argues unclaimed language directed to the prior arts.
Claim Objections
Claim 2 is objected to because of the following informalities:
The identifier for claim 2 indicates the claim canceled and it is treated as such.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The limitations “a tube configured to reciprocate in response to ocean waves and entrain water therein in response to said reciprocation” in lines 6-7 of claim 1 is not found or described in the originally filed specification. Nowhere in the originally filed specification discloses or describe the tube configured to “reciprocate in response to ocean waves and entrain water therein in response to said reciprocation”. The Applicant is requested to clearly and specifically points out where in the originally filed specification discloses and describes the specific limitations. On paragraph 0462 of the PGPub, which the Examiner believes closest to the feature Applicant attempt to claim, merely describe waves “cause the device to move up and down, water within the tube moves up and down as well, causing water to move in and out of the tube…” and not specific reciprocate and entrain water in response to said reciprocation.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-5, 7-9, and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davoodi et al. (US 2015/0345726 A1), Page (US 2011/0057448 A1) and Gilboa (US 2011/0030365 A1).
For claim 1, Davoodi discloses a production network, comprising: a plurality of floating wave motion to electrical energy converters deployable at a surface of an ocean (Fig. 2, 3, abstract),
a navigation system in communication with, and configured to establish positions for, the plurality of floating wave motion to electrical energy converters across the surface of the ocean (Para. 0009, 0010, 0047, 0048, 0055, 0150, where the navigation system receives location from the communication system); and a propulsion system cooperating with said navigation system to propel the plurality of floating wave motion to electrical energy converters to positions established by the navigation system (Para. 0017, 0018, 0080, 0083, 0144, where the navigation system operate the propulsion system to commanded positions).
Davoodi does not specifically disclose each said floating wave motion to electrical energy converter having a chemical synthesizing apparatus that is powered by electrical energy converted from wave motion, and configured to produce a chemical through a chemical reaction; and a dedicated vessel for collecting a portion of the chemical and delivering to a remote location. Page in the same field of the art discloses each said floating wave motion to electrical energy converter having a chemical synthesizing apparatus that is powered by electrical energy converted from wave motion, and configured to produce a chemical through a chemical reaction; and a dedicated vessel for collecting a portion of the chemical and delivering to a remote location (Para. 0029, 0076, 0114, 0115, where the energy converters synthesizing at least hydrogen through electrolysis process and a transport vessel can collect and deliver the chemical to land). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Davoodi to have each said floating wave motion to electrical energy converter having a chemical synthesizing apparatus that is powered by electrical energy converted from wave motion, and configured to produce a chemical through a chemical reaction; and a dedicated vessel for collecting a portion of the chemical and delivering to a remote location, as taught by Page to harvest additional types of energy and collect the energy for use at different locations.
Davoodi further does not specifically disclose said plurality of floating wave motion to electrical energy converters including a tube configured to reciprocate in response to ocean waves and entrain water therein in response to said reciprocation. Gilboa in the same field of the art discloses floating wave motion to electrical energy converters including a tube configured to reciprocate in response to ocean waves and entrain water therein in response to said reciprocation (Para. 0004, 0006, where tube that is configured as acceleration tube moving with the ocean waves). floating wave motion to electrical energy converters including a tube configured to reciprocate in response to ocean waves and entrain water therein in response to said reciprocation, as taught by Gilboa to include known tube structures that reacts to the ocean wave relate to energy generations.
For claim 3, Davoodi, as modified, discloses the chemical production network of Claim 1, wherein the tube has an inner wall defining a constriction that is adapted to accelerate water moving within the tube (Gilboa - Para. 0004, 0006, where tube that is configured as the known acceleration tube moving with the ocean waves).
For claim 4, Davoodi, as modified, discloses the chemical production network of Claim 1, wherein the navigation system is located on land (Para. 0009, where the operations can be controlled by remote centralized system on land).
For claim 5, Davoodi, as modified, discloses the chemical production network of Claim 1, wherein the propulsion system comprises a water jet (Para. 0017, propulsion may be water jet).
For claim 7, Davoodi, as modified, discloses the chemical production network of Claim 1, wherein the propulsion system comprises a propeller (Para. 0017, propulsion may be propellers).
For claim 8, Davoodi, as modified, discloses the chemical production network of Claim 1 wherein the propulsion system comprises a rigid sail (Para. 0020, propulsion may be sails).
For claim 9, Davoodi, as modified, discloses the chemical production network of Claim 1 wherein the chemical is hydrogen (Para. 0029, 0076, 0114, 0115, where the energy converters synthesizing at least hydrogen through electrolysis process).
For claim 11, Davoodi, as modified, discloses the chemical production network of Claim 1, wherein the dedicated vessel is adapted to collect, store, transport, and offload hydrogen gas (Page - para. 0029, 0076, 0114, 0115, where the energy converters synthesizing at least hydrogen through electrolysis process and a transport vessel can collect and deliver the chemical to land).
For claim 12, Davoodi, as modified, discloses the chemical production network of Claim 1, wherein the dedicated vessel is adapted to collect, store, transport, and offload hydrogen gas (Page - para. 0029, 0076, 0114, 0115, where the energy converters synthesizing at least hydrogen through electrolysis process and a transport vessel can collect and deliver the chemical to land), but does not explicitly disclose the vessel is adapted to collect, store, transport and offload liquified ammonia. However, it would have been obvious for one of ordinary skill in the art to prepare the vessel taught by Page to be ready for collect, store, transport and offload any known types of elements, in gas or liquid form and achieve the same and expected result.
For claim 13, Davoodi, as modified, discloses the chemical production network of Claim 1, wherein the vessel is autonomous (Para. 0009, 0019, 0037, 0055, 0057, 0073).
Claim 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davoodi et al. (US 2015/0345726 A1), Page (US 2011/0057448 A1) and Gilboa (US 2011/0030365 A1)as applied to claim 1 above, and further in view of McIntee (US 2013/0168489 A1).
For claim 6, Davoodi, as modified, discloses the chemical production network of Claim 1, but does not explicitly disclose the propulsion system comprises a ducted fan. However, it would have been obvious for one of ordinary skill in the art to employ any known type of propulsion system for motive power for the water vehicles. Even so, McIntee discloses a multifunction vehicle that includes a ducted fan for propulsion (Fig. 1, para. 0009). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Davoodi to employ ducted fan as propulsion system, as taught by McIntee to select desire types of propulsion system for the vehicles.
Claim 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davoodi et al. (US 2015/0345726 A1), Page (US 2011/0057448 A1) and Gilboa (US 2011/0030365 A1) as applied to claim 1 above, and further in view of Kambara et al. (US 2018/0009661A1).
For claim 10, Davoodi, as modified, discloses the chemical production network of Claim 1, but does not explicitly disclose the chemical is ammonia. However, it would have been obvious for one of ordinary skill in the art any known types of chemicals may be produced based on the teachings of Page using any well-known chemical production methods that would achieve predicted results. Kambara discloses the well-known method of ammonia production using chemical reactions using hydrogen and nitrogen (At least in abstract, para. 0002-0005, 0012). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Davoodi and produce ammonia as a product, as taught by Kambara for appropriate and energy usage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(US 2018/0023541 A1) Santos discloses a system for collecting energy from wave water moving water oscillating water tubes.
(Offshore Facilities to Produce Hydrogen, 2017, MDPI, Energies, pp. 1-15) Blanco-Fernandez et al. discloses wave interacting with off-shore structures and various configures of water going through and moving structures relate to producing Hydrogen.
(US 2012/0267949 A1) Sharon et al. discloses a wave energy harvesting transport vessel system that harvest and transport energy to land.
(US 2011/0281478 A1) Blumenthal discloses a ship propulsion system that harvest energy and produce hydrogen.
(US 2012/0325290 A1) Gizara discloses an ocean power plant that produces energy and hydrogen.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sze-Hon Kong whose telephone number is (571)270-1503. The examiner can normally be reached 9 AM-5 PM Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Lin can be reached at (571) 270-3976. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SZE-HON KONG/Primary Examiner, Art Unit 3657
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