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 .
Election/Restrictions
Applicant's election with traverse of 1-7 and 15-20 in the reply filed on 09/02/2026 is acknowledged. Applicant’s arguments are considered persuasive and the restriction is withdrawn.
Introduction
Claims 1-20 are currently pending in this application and are subject to examination herein.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/02/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 15-16 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. No. 3,596,444 to Beattie.
Regarding claim 15, Beattie discloses a method of removing solid material (marine vegetation/seaweed 26) (Figs. 1-2, 5; Col. 3, lines 10-25; col. 3, lines 56-66; col. 4, lines 55-66; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-42) from a liquid environment (body of water 22) (Abstract; Figs. 1-2; Col. 3, lines 3-14; col. 7, line 28 to col. 8, line 10) the method comprising:
submerging a cutter assembly (cutter blade assembly 52) (Figs. 1-2, 4; Col. 3, lines 56-66; col. 4, lines 8-20; col. 4, lines 55-66; col. 5, lines 26-30; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-75; col. 10, lines 1-75) including a housing (housing of float means 60) (Figs. 1-2; Col. 3, lines 67 to col. 4, line 7; col. 4, line 22 to col. 5, line 36; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 43-48) and one or more blades (cutting blades 54 and/or 56) (Figs. 1-2; Col. 3, 56-66; col. 3, line 67 to col. 4, line 7; col. 5, lines 4-25; col. 6, line 4 to col. 8, line 10) at least partially into the liquid environment (body of water 22) (Abstract; Figs. 1-2; Col. 3, lines 3-14; col. 7, line 28 to col. 8, line 10) in an area of the liquid environment (body of water 22) (Abstract; Figs. 1-2; Col. 3, lines 3-14; col. 7, line 28 to col. 8, line 10) containing solid material (marine vegetation/seaweed 26) (Figs. 1-2, 5; Col. 3, lines 10-25; col. 3, lines 56-66; col. 4, lines 55-66; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-42);
moving the cutter assembly (cutter blade assembly 52) (Figs. 1-2, 4; Col. 3, lines 56-66; col. 4, lines 8-20; col. 4, lines 55-66; col. 5, lines 26-30; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-75; col. 10, lines 1-75) through the liquid environment (body of water 22) (Abstract; Figs. 1-2; Col. 3, lines 3-14; col. 7, line 28 to col. 8, line 10) while operating the one or more blades (cutting blades 54 and/or 56) (Figs. 1-2; Col. 3, 56-66; col. 3, line 67 to col. 4, line 7; col. 5, lines 4-25; col. 6, line 4 to col. 8, line 10) so that the solid material (marine vegetation/seaweed 26) (Figs. 1-2, 5; Col. 3, lines 10-25; col. 3, lines 56-66; col. 4, lines 55-66; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-42) flows into the housing (housing of float means 60) (Figs. 1-2; Col. 3, lines 67 to col. 4, line 7; col. 4, line 22 to col. 5, line 36; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 43-48) and is cut by the one or more blades (cutting blades 54 and/or 56) (Figs. 1-2; Col. 3, 56-66; col. 3, line 67 to col. 4, line 7; col. 5, lines 4-25; col. 6, line 4 to col. 8, line 10); and
pumping the solid material (marine vegetation/seaweed 26) (Figs. 1-2, 5; Col. 3, lines 10-25; col. 3, lines 56-66; col. 4, lines 55-66; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-42) cut by the cutter (cutter blade assembly 52) (Figs. 1-2, 4; Col. 3, lines 56-66; col. 4, lines 8-20; col. 4, lines 55-66; col. 5, lines 26-30; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-75; col. 10, lines 1-75) out of and away from the cutter assembly (cutter blade assembly 52) (Figs. 1-2, 4; Col. 3, lines 56-66; col. 4, lines 8-20; col. 4, lines 55-66; col. 5, lines 26-30; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-75; col. 10, lines 1-75) via a hose (pipe 76) (Figs. 1-2; Col. 4, lines 22-54; col. 7, line 28 to col. 8, line 10) operatively attached to the housing (housing of float means 60) (Figs. 1-2; Col. 3, lines 67 to col. 4, line 7; col. 4, line 22 to col. 5, line 36; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 43-48).
Regarding claim 16, Beattie discloses the method of claim 15 (see above). Furthermore, Beattie discloses a method wherein moving the cutter assembly (cutter blade assembly 52) (Figs. 1-2, 4; Col. 3, lines 56-66; col. 4, lines 8-20; col. 4, lines 55-66; col. 5, lines 26-30; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-75; col. 10, lines 1-75) through the liquid environment (body of water 22) (Abstract; Figs. 1-2; Col. 3, lines 3-14; col. 7, line 28 to col. 8, line 10) includes propelling the cutter assembly (cutter blade assembly 52) (Figs. 1-2, 4; Col. 3, lines 56-66; col. 4, lines 8-20; col. 4, lines 55-66; col. 5, lines 26-30; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-75; col. 10, lines 1-75) through the liquid environment (Abstract; Figs. 1-2) using a vehicle (platform 20) (Figs. 1-2; Col. 3, lines 3-43; col. 3, lines 56-66) (Beattie discloses that the invention “broadly consists of a floating platform, barge or the like, forming a water conveyance 20 of any desired configuration, adapted to be towed or moved by its own power along the surface of a body of water 22”) (Col. 3, lines 3-9) attached to the cutter assembly (cutter blade assembly 52) (Figs. 1-2, 4; Col. 3, lines 56-66; col. 4, lines 8-20; col. 4, lines 55-66; col. 5, lines 26-30; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-75; col. 10, lines 1-75).
Regarding claim 19, Beattie discloses the method of claim 15 (see above). Furthermore, Beattie discloses a method wherein operating the one or more blades (cutting blades 54 and/or 56) (Figs. 1-2; Col. 3, 56-66; col. 3, line 67 to col. 4, line 7; col. 5, lines 4-25; col. 6, line 4 to col. 8, line 10) includes rotating a plurality of blades (cutting blades 54 and 56) (Figs. 1-2; Col. 3, 56-66; col. 3, line 67 to col. 4, line 7; col. 5, lines 4-25; col. 6, line 4 to col. 8, line 10) around a shaft (drive shaft 48) (Figs. 1-3; Col. 3, lines 44-66) extending in a lateral direction (see Figs. 1-2) (shaft extends laterally (e.g., minor axis) as well as longitudinally (e.g., major axis) within the housing) within the housing (housing of float means 60) (Figs. 1-2; Col. 3, lines 67 to col. 4, line 7; col. 4, line 22 to col. 5, line 36; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 43-48).
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.
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.
Claim(s) 1, 4, 7-9 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2014/0367342 to Horton et al. (hereinafter Horton) in view of U.S. Pat. Pub. No. 2012/0180713 to Cornwell et al. (hereinafter Cornwell)HorH.
Regarding claim 1, Horton discloses a harvester for removing solid material from a liquid environment (Abstract), the harvester comprising:
an assembly (capture section 16) (Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) configured to remove the solid material (Abstract; Paras. [0003], [0007]-[0009], [0024]-[0033]) from the liquid environment (Abstract; Fig. 1; Para. [0022]), the assembly (capture section 16) (Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) including a housing (deflector 54 and/or hopper 30) (Figs. 1-7; Paras. [0025]-[0027], [0029]-[0033]), one or more blades (guides 68 and/or panels 70) (Figs. 2-4, 6-7; Paras. [0029]-[0030], [0032]-[0033]) for moving the solid material (Abstract; Paras. [0003], [0007]-[0009], [0024]-[0033]) and a hose connector (see Annotated Fig. 5 of Horton infra]) configured for connection to a hose (see Annotated Fig. 5 of Horton infra]) for pumping the solid material (Abstract; Paras. [0003], [0007]-[0009], [0024]-[0033]) out of the housing (deflector 54 and/or hopper 30) (Figs. 1-7; Paras. [0025]-[0027], [0029]-[0033]); and
a frame (carrier 50) (Figs. 1-7; Para. [0027]) configured to attach (via connector at proximate end 60) (Figs. 1-7; Para. [0027]) the assembly (capture section 16) (Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) to a plurality of different vehicles (e.g., different watercraft similar to that depicted in Fig. 1) configured to operate in the liquid environment (Abstract; Fig. 1; Para. [0022]), the frame (carrier 50) (Figs. 1-7; Para. [0027]) including a first adjustment assembly (connector at proximate end 60) (Figs. 1-7; Para. [0027]) adjustable for removable attachment to the plurality of different vehicles (e.g., different watercraft similar to that depicted in Fig. 1) and a second adjustment assembly (hoist 28) (Figs. 1-7; Para. [0024]) adjustable to raise the assembly (capture section 16) (Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) above a surface (Para. [0024]) of the liquid environment (Abstract; Fig. 1; Para. [0022]) and to lower the cutter assembly at least partially into (Para. [0024]) the liquid environment (Abstract; Fig. 1; Para. [0022]).
However, Horton does not disclose a cutter assembly comprising one or more blades but rather appears to disclose a screen paddlewheel that collects and directs aquatic debris into a hopper for pumping through a hose.
Nevertheless, Cornwell teaches a cutter assembly (cutting device 20) (Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]) comprising one or more blades (blades 50, 52 and/or 54) (Fig. 1; Paras. [0024]-[0025], [0027]) and a second adjustment assembly (mounting structure 16, adjustment screws 23 and/or 25) (Fig. 1; Para. [0023]) adjustable to raise (Para. [0023]) the cutter assembly (cutting device 20) (Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]) above a surface of the liquid environment (body of water 22) (Fig. 1; Para. [0022]) and to lower (Para. [0023]) the cutter assembly (cutting device 20) (Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]) at least partially into the liquid environment (body of water 22) (Fig. 1; Para. [0022]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvester disclosed in Horton with the cutter assembly taught in Cornwell with a reasonable expectation of success in order to cut and remove the vegetation growing from the bottom of the liquid environment, as taught in Cornwell (Fig. 1; Para. [0022]) which may be relatively dense (Para. [0003]) and may inhibit the use and enjoyment of ponds, lakes, rivers, inland streams and other bodies of water (Para. [0002]). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvester disclosed in Horton with the cutter assembly taught in Cornwell with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
[AltContent: arrow][AltContent: textbox (Hose)][AltContent: textbox (Hose Connector)][AltContent: arrow][AltContent: textbox (Hose Connector)][AltContent: arrow][AltContent: textbox (Hose Connector)][AltContent: textbox (Hose Connector)][AltContent: arrow]
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Annotated Fig. 5 of Horton.
Regarding claim 4, the combination of Horton in view of Cornell teaches the harvester of claim 1 (see above). Furthermore, Cornell teaches a harvester wherein the second adjustment assembly (mounting structure 16, adjustment screws 23 and/or 25) (Fig. 1; Para. [0023]) includes at least one vertical support member (vertical support member of mounting structure 16 holding adjustment screws 23 and/or 25) (Fig. 1; Para. [0023]) attached to the cutter assembly (cutting device 20) (Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]) and configured to raise (Para. [0023]) the cutter assembly (cutting device 20) (Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]) above the surface of the liquid environment (body of water 22) (Fig. 1; Para. [0022]) and to lower (Para. [0023]) the cutter assembly (cutting device 20) (Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]) at least partially into the liquid environment (body of water 22) (Fig. 1; Para. [0022]).
Regarding claim 7, the combination of Horton in view of Cornell teaches the harvester of claim 1 (see above). Furthermore, the combination of Horton in view of Cornell discloses a harvester comprising a hose (see Annotated Fig. 5 of Horton supra) connected at one end to the hose connector (see Annotated Fig. 5 of Horton supra) and at another end to a pump (pump 32) (Figs. 1, 3, 5, 7; Paras. [0025]-[0026], [0031]-[0033]), the hose (see Annotated Fig. 5 of Horton supra) enabling the solid material cut by the cutter assembly (cutting device 20 and/or capture section 16) (Horton at Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]; Cornell at Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) to be pumped away from the cutter assembly (cutting device 20 and/or capture section 16) (Horton at Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]; Cornell at Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) by the pump (pump 32) (Horton at Figs. 1, 3, 5, 7; Paras. [0025]-[0026], [0031]-[0033]).
Regarding claim 8, Horton discloses a harvester system for removing solid material from a liquid environment (Abstract), the harvester system comprising:
an assembly (capture section 16) (Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) including a housing (deflector 54 and/or hopper 30) (Figs. 1-7; Paras. [0025]-[0027], [0029]-[0033]), the housing (deflector 54 and/or hopper 30) (Figs. 1-7; Paras. [0025]-[0027], [0029]-[0033]) including a front opening (Para. [0026]) configured to receive the solid material (Abstract; Paras. [0003], [0007]-[0009], [0024]-[0033]) from the liquid environment (Abstract; Fig. 1; Para. [0022]) into the housing (deflector 54 and/or hopper 30) (Figs. 1-7; Paras. [0025]-[0027], [0029]-[0033]);
a vehicle (watercraft 12) (Figs. 1-6; Paras. [0022]-[0024], [0027], [0030]-[0033]) supporting the assembly (capture section 16) (Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) in the liquid environment (Abstract; Fig. 1; Para. [0022]) such that the assembly (capture section 16) (Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) moves between (i) a first configuration (Para. [0024]) in which the assembly (capture section 16) (Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) is located at a first vertical position (Para. [0024]) above a surface of the liquid environment (Abstract; Fig. 1; Para. [0022]), and (ii) a second configuration in which the assembly (capture section 16) (Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) is lowered to a second vertical position (Para. [0024]) so that the front opening of the housing (deflector 54 and/or hopper 30) (Figs. 1-7; Paras. [0025]-[0027], [0029]-[0033]) is at least partially submerged (Para. [0024]) into the liquid environment (Abstract; Fig. 1; Para. [0022]); and
a pump hose (see Annotated Fig. 5 of Horton supra]) operably connecting the assembly (capture section 16) (Figs. 1, 3-5, 7; Paras. [0022], [0026]-[0027]) to a pump (pump 32) (Figs. 1, 3, 5, 7; Paras. [0025]-[0026], [0031]-[0033]) such that the pump (pump 32) (Figs. 1, 3, 5, 7; Paras. [0025]-[0026], [0031]-[0033]) causes the solid material (Abstract; Paras. [0003], [0007]-[0009], [0024]-[0033]) to be pumped out of the housing (deflector 54 and/or hopper 30) (Figs. 1-7; Paras. [0025]-[0027], [0029]-[0033]) and away from the vehicle (watercraft 12) (Figs. 1-6; Paras. [0022]-[0024], [0027], [0030]-[0033]).
However, Horton does not disclose a cutter assembly comprising one or more blades but rather appears to disclose a screen paddlewheel that collects and directs aquatic debris into a hopper for pumping through a hose.
Nevertheless, Cornwell teaches a cutter assembly (cutting device 20) (Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]) comprising one or more blades (blades 50, 52 and/or 54) (Fig. 1; Paras. [0024]-[0025], [0027]) and a second adjustment assembly (mounting structure 16, adjustment screws 23 and/or 25) (Fig. 1; Para. [0023]) adjustable to raise (Para. [0023]) the cutter assembly (cutting device 20) (Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]) above a surface of the liquid environment (body of water 22) (Fig. 1; Para. [0022]) and to lower (Para. [0023]) the cutter assembly (cutting device 20) (Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]) at least partially into the liquid environment (body of water 22) (Fig. 1; Para. [0022]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvester disclosed in Horton with the cutter assembly taught in Cornwell with a reasonable expectation of success in order to cut and remove the vegetation growing from the bottom of the liquid environment, as taught in Cornwell (Fig. 1; Para. [0022]) which may be relatively dense (Para. [0003]) and may inhibit the use and enjoyment of ponds, lakes, rivers, inland streams and other bodies of water (Para. [0002]). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvester disclosed in Horton with the cutter assembly taught in Cornwell with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 9, Horton in view of Cornwell teaches the harvester system of claim 8 (see above). Furthermore, Horton discloses a harvester system wherein the vehicle (watercraft 12) (Figs. 1-6; Paras. [0022]-[0024], [0027], [0030]-[0033]) includes at least one of a boat (watercraft 12) (Figs. 1-6; Paras. [0022]-[0024], [0027], [0030]-[0033]), a submersible vehicle, a semi-submersible vehicle.
Regarding claim 11, Horton in view of Cornwell teaches the harvester system of claim 8 (see above). Furthermore, the combination of Horton in view of Cornwell teaches a harvester system wherein in the second vertical position (Horton at Para. [0023]), the front opening (Horton at Para. [0026]) of the housing (deflector 54 and/or hopper 30) (Horton at Figs. 1-7; Paras. [0025]-[0027], [0029]-[0033]) is partially submerged (Horton at Para. [0023]) into the liquid environment so that solid material floating on the surface and solid material located below the surface flows into the opening (Horton at Para. [0026]) to be cut by the one or more blades as the vehicle (watercraft 12) (Horton at Figs. 1-6; Paras. [0022]-[0024], [0027], [0030]-[0033]) moves the cutter assembly (cutting device 20) (Cornwell at Figs. 1-3; Paras. [0022]-[0024], [0027]-[0028]) through the liquid environment.
Regarding claim 12, Horton in view of Cornwell teaches the harvester system of claim 8 (see above). Furthermore, Cornwell teaches that the solid material includes seaweed (see Fig. 1).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horton in view of Cornwell, as applied to Claim 8 above, and further in view of U.S. Pat. No. 6,638,125 to Mossel.
Regarding claim 10, Horton in view of Cornwell teaches the harvester system of claim 8 (see above). However, neither Horton nor Cornwell expressly discloses or teaches that the vehicle includes a non-floating vehicle or machine operated from land adjacent to the liquid environment. Nevertheless, it is well-known in the art to tow waterborne vehicles from land as far back as canal barges being pulled by animals. Mossel discloses a water vehicle expected to be towed by a water vehicle, such as a powerboat, ski boat, PWC or small yacht, but is also disclosed to be towed by land vehicles such as a car or truck. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvester system taught by Horton in view of Cornwell with towing being done by a non-floating machine operated from land adjacent to the liquid environment taught in Mossel with a reasonable expectation of success in order to allow an alternative means of locomotion of the aquatic vegetation cutting platform in environments where land-vehicle towing could make sense, such as in canals or bodies of water near the water’s edge. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvester system taught by Horton in view of Cornwell with towing being done by a non-floating machine operated from land adjacent to the liquid environment taught in Mossel with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to employ/use a known technique to improve similar devices (methods, products) in the same way is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 417, 82 USPQ2d 1385, 1395-97 (2007).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horton in view of Cornwell, as applied to Claim 8 above, and further in view of U.S. Pat. Pub. No. 2022/0080480 to Gray et al. (hereinafter Gray).
Regarding claim 14, Horton in view of Cornwell teaches the harvester system of claim 8 (see above). However, neither Horton nor Cornwell expressly discloses or teaches that the pump is located remotely from the vehicle. Nevertheless, Gray teaches a harvester system where the pump is located remotely from the vehicle (e.g., on shore) (Para. [0042]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvester system taught by Horton in view of Cornwell with the remote pump taught in Gray with a reasonable expectation of success in order to provide flexibility in the location of the pump relative to the vehicle if the desired destination of the solid material (e.g., seaweed) is on land or to facilitate powering the pump (e.g., using shore power or a generator/fuel truck housing or connected to the pump. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the harvester system taught by Horton in view of Cornwell with the remote pump taught in Gray with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beattie in view of Mossel.
Regarding claim 17, Beattie discloses the method of claim 15 (see above). Furthermore, Beattie discloses a method wherein moving the cutter assembly (cutter blade assembly 52) (Figs. 1-2, 4; Col. 3, lines 56-66; col. 4, lines 8-20; col. 4, lines 55-66; col. 5, lines 26-30; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-75; col. 10, lines 1-75) through the liquid environment (body of water 22) (Abstract; Figs. 1-2; Col. 3, lines 3-14; col. 7, line 28 to col. 8, line 10) includes moving the cutter assembly (cutter blade assembly 52) (Figs. 1-2, 4; Col. 3, lines 56-66; col. 4, lines 8-20; col. 4, lines 55-66; col. 5, lines 26-30; col. 5, lines 61-72; col. 7, line 28 to col. 8, line 10; col. 9, lines 13-75; col. 10, lines 1-75) through the liquid environment (body of water 22) (Abstract; Figs. 1-2; Col. 3, lines 3-14; col. 7, line 28 to col. 8, line 10). Furthermore, while Beattie discloses that the platform 20 can be towed along the surface, Beattie does not expressly disclose that it is being towed by a non-floating machine operated from land adjacent to the liquid environment. Nevertheless, it is well-known in the art to tow waterborne vehicles from land as far back as canal barges being pulled by animals. Mossel discloses a water vehicle expected to be towed by a water vehicle, such as a powerboat, ski boat, PWC or small yacht, but is also disclosed to be towed by land vehicles such as a car or truck. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method disclosed in Beattie with towing being done by a non-floating machine operated from land adjacent to the liquid environment taught in Mossel with a reasonable expectation of success in order to allow an alternative means of locomotion of the aquatic vegetation cutting platform in environments where land-vehicle towing could make sense, such as in canals or bodies of water near the water’s edge. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method disclosed in Beattie with towing being done by a non-floating machine operated from land adjacent to the liquid environment taught in Mossel with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to employ/use a known technique to improve similar devices (methods, products) in the same way is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 417, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter
Claims 2-3, 5-6, 13, 18 and 20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. Nos. 1,269,139 to Welch; 1,571,395 to Clark; 2,486,275 to Grinwald; 2,655,779 to Sanders; 2,739,435 to Wiser; 2,907,162 to Rebikoff; 3,468,106 to Hayes et al.; 3,498,033 to Huff; 3,521,387 to Degelman; 3,541,769 to Grinwald; 3,599,354 to Larson; 3,688,478 to Bryant; 3,691,737 to Hodgson; 3,698,163 to Kelpin; 3,866,396 to Meyer; 4,202,155 to Stewart; 4,205,507 to McClure; 4,259,828 to Pace; 4,261,160 to Niewiera; 4,416,106 to Hawk; 4,815,260 to Desrosiers; 5,069,023 to Prochaska, Sr. et al.; 5,083,417 to Jeronimidis et al.; 5,189,867 to Schmidt; 5,235,797 to Sygen et al.; 5,372,001 to Olson et al.; 5,404,696 to Vasby; 5,435,083 to Thompson; 5,447,018 to Harvey-Rioux et al.; 5,481,856 to Wikoren et al.; 5,603,204 to Harvey-Rioux et al.; 5,775,073 to Kelpin et al.; 6,023,920 to Penny et al.; 6,116,004 to Penny et al.; 6,393,812 to Stewart, III et al.; 6,832,465 to Horvath et al.; 6,865,869 to Penny; 7,036,295 to Vaughan; 7,958,705 to Bourque; and 9,751,604 to Curry, Jr.; and U.S. Pat. Pub. Nos. 2002/0112460 to Penny; 2023/0150617 to Stur et al.; 2017/0268192 to Biley et al.; 2006/0150601 to Britton; 2020/01308787 to Hernandez; 2002/0062634 to Snider et al.; 2010/0089016 to Grimes; 2005/0016911 to Beauregard; 2013/0309014 to Biley et al.; 2020/0305350 to Zheng et al.; 2022/0174875 to Mikkola et al.; 2018/0098497 to Szabo; and 2021/0206457 to Kyrkjebo; 2024/0081184 to Wu et al.; 2022/0071092 to Goul et al.; 2014/0069071 to Horton et al.; and 2023/0082558 to Gray et al. relate to aquatic harvesters/dredges.
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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671
