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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “third adaptor” called for in claims 4, 13,20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 § 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.
Claims 3, 12 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.
Claims 3, 12 are indeterminate in scope since one is unclear what “accommodate structures of different sizes” refers to. What structures?
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) 1-4, 7-9, 11-13, 15-18, 20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by German document (DE 4241946).
German document ‘946 discloses a module comprising:
a floating, partially submergible body;
a mooring apparatus that connects the body to a riverbed, the mooring apparatus configured to allow the body to move up and down with water elevation (see translated text pages 1,2); and
an adaptor (3,4) adjacent the body, the adaptor having a tapered structure so as to alter a plurality of flow fields adjacent the body, wherein a first flow field of the plurality of flow fields is slower than a second flow field of the plurality of flow fields, and wherein the first flow field is closer to a central longitudinal axis than the second flow field such that greater number of fish is attracted to move toward the first flow field than the second flow field.
Re claim 2, wherein the body includes a downstream end and an upstream end opposite the downstream end (see marked up Figure below), wherein the adaptor is a first adaptor adjacent the downstream end of the body, the module further comprising:
a second adaptor adjacent the upstream end of the body, the second adaptor having a conical structure (see page 2 of translated text) so as to alter at least one of the first flow field and the second flow field; and wherein the structural angles of at least one of the first adaptor and the second adaptor can be adjusted (see page 2 of translated text).
Re claim 3, wherein the at least one of the first adaptor and the second adaptor can be switched to accommodate structures of different sizes (see translated text pages 1-3).
Re claim 4, wherein the body includes a peripheral surface between the downstream end and the upstream end, the module further comprising:
a third adaptor adjacent the peripheral surface, the third adaptor having a geometrical structure so as to alter at least one of the first flow field and the second flow field (see abstract, page 2 of translated text and Fig. 4).
Re claim 7 further comprising an opening in a downstream end of the body, the opening having a horizontal bottom edge positioned below water surface, wherein the water surface is adjacent a false weir that is about one inch to about six inches above the water surface (see Figs. 1,2).
Re claim 8, further comprising a bottom ramp extending from the downstream end of the body, the bottom ramp configured to funnel inwardly toward the opening (see page 3 of translated text).
Re claim 9, further comprising a side ramp extending from the downstream end of the body, the side ramp configured to funnel inwardly toward the opening (see page 3 of translated text).
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Re claims 11-13, 15, see discussion above.
Re claim 16, German document ‘946 discloses a zero-ascend omnispecies (ZAQ) attraction system comprising: a facility (see Fig. 2) where water flows downstream; and a fish passage module located downstream of the facility, the module comprising:
a floating, partially submergible body (see page 1,3 of translated text) having a first end and a second end opposite the first end (see marked up Figure below); a mooring apparatus that connects the body to a riverbed of the facility (see page 3 of translated text), the mooring apparatus configured to allow the body to move up and down with water elevation; first adaptor (3,4) adjacent the first end of the body, the first adaptor having first geometric structure so as to alter a plurality of flow fields adjacent the body, wherein a first flow field of the plurality of flow fields is slower than a second flow field of the plurality of flow fields, and wherein the first flow field is closer to a central longitudinal axis than the second flow field such that greater number of fish is attracted to move toward the first flow field than the second flow field; and second adaptor (see page 3 of translated text) adjacent the second end of the body, the second adaptor having second geometric structure so as to alter at least one of the first flow field and the second flow field.
Re claim 17, wherein the facility is at least one of hydropower facility, hydroelectric facility, and spillway (see Fig. 2).
Re claim 18, wherein the module is mobile and can be readily moved about anywhere downstream of the facility (see pages 1-3 of translated text).
Re claim 20, wherein the body includes a peripheral surface between the first end and the second end, the module further comprising third adaptor adjacent the peripheral surface, the third adaptor configured to alter at least one of the first flow field and the second flow field (see abstract, page 3 of translated text and Fig. 4).
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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.
Claim(s) 5,6,10,14 is/are rejected under 35 U.S.C. 103 as being unpatentable over German document 946 in view of Boylan (US 5161913).
Re claim 5, German document ‘946 discloses the invention substantially as claimed. However, German document ‘946 is silent about including a pump coupled to a portion of the body, the pump configured to alter at least one of the first flow field and the second flow field. Boylan teaches a pump coupled to a portion of the body, the pump configured to alter at least one of the flow field (40, see col. 3 line 25+).
It would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify German document ‘946 to include
a pump coupled to a portion of the body, the pump configured to alter at least one of the flow field as taught by Boylan since such a modification facilitates fish migration.
Re claim 6, German document ‘946 discloses the invention substantially as claimed. However, German document ‘946 is silent about including a device coupled to a portion of the body, the device configured to attract a variety of fish. Boylan teaches a device (lighting means) coupled to a portion of the body, the device configured to attract a variety of fish (see abstract).
It would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify German document ‘946 to include
a device (lighting means) to attract fish as taught by Boylan since such a modification attracts fish in the migration process.
Re claim 10, German document ‘946 discloses the invention substantially as claimed. However, German document ‘946 is silent about a tubular structure coupled to a portion of the body, the tubular structure configured to move fish from the opening to a different location.
Boylan teaches a pump coupled (via a tubular structure) to a portion of the body, the pump configured to move fish from the opening to a different location (tubular portion of 40, see col. 3 line 25+).
It would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify German document ‘946 to include
a pump coupled (via a tubular structure) to a portion of the body, the pump configured to move fish from the opening to a different location as taught by Boylan since such a modification facilitates fish migration.
Re claim 14, see discussion above (claims, 5,6).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over German document ‘946 in view of Examiner Taking Official Notice.
German document ‘946 discloses the invention substantially as claimed. However, German document ‘946 is silent wherein the facility is a hydropower facility and wherein the module is positioned in a tailrace at a location in or near turbine outflow of the facility. The examiner takes official notice that having a hydropower facility with a fish migration module positioned in a tailrace at a location in or near turbine outflow of the facility is old and well known. It would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify German document ‘946 to have the fish migration module positioned in a tailrace at a location in or near turbine outflow of the hydropower facility since such a modification facilitates fish migration.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNIL SINGH whose telephone number is (571)272-7051. The examiner can normally be reached M-Th 8-3, F 9-8 and 2nd Sat 11-7.
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, Amber Anderson can be reached at 571 270 5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNIL SINGH/Primary Examiner, Art Unit 3678
SS
7/25/2026
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