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 .
Remarks
This communication is in response to Application No. 18/979,593 filed on 12/13/2024.
Claims 1-26 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement filed 12/13/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Note that MPEP 609.04(a) First, 37 CFR 1.98(d) states that a copy of any patent, publication, pending U.S. application, or other information listed in an information disclosure statement is not required to be provided if: (A) the information was previously cited by or submitted to, the Office in a prior application, provided that the prior application is properly identified in the IDS and is relied on for an earlier filing date under 35 U.S.C. 120; and (B) the IDS submitted in the earlier application complies with 37 CFR 1.98(a)-(c).
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 claim 1 subject matter of
“a hollow tube disposed below and in fluid communication with the fluid collection reservoir, the hollow tube formed with a constriction narrowing the hollow tube proximately to the fluid collection reservoir for spurting fluid from inside the hollow tube into the fluid collection reservoir in response to an increasing pressure within the hollow tube; a fluid return conduit having an ingress end within the fluid collection reservoir and an egress end opening into the hollow tube; “
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.
Specification
The abstract of the disclosure is objected to because it exceeds 150 words in length, currently 180. Correction is required. See MPEP § 608.01(b).
Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious1 over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over at least claim 11 of U.S. Patent No.11,118,559. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim requirements of at least claim 1 of the instant application are disclosed in at least claim 11 and claim 12 of U.S. Patent No. 11,118,559.
Instant application
US 11,118,559
1. A wave engine, comprising:
a buoy having an interior defining
a fluid collection reservoir;
a hollow tube disposed below and in fluid communication with the fluid collection reservoir,
the hollow tube formed with a constriction narrowing the hollow tube proximately to the fluid collection reservoir for spurting fluid from inside the hollow tube into the fluid collection reservoir in response to an increasing pressure within the hollow tube;
a fluid return conduit having an ingress end within the fluid collection reservoir and an egress end opening into the hollow tube; and
an electrical energy generator for converting an energy of a portion of the fluid collected in the fluid collection reservoir into electrical energy.
11. A wave engine, comprising:
a hollow flotation capsule configured to rise and fall under an influence of a body of water, the flotation capsule including
a water collection basin and a pressurized air enclosure, the pressurized air enclosure in fluid communication with the water collection basin;
a hollow tube extending from the hollow flotation capsule, the hollow tube comprising a water inlet mouth spaced from the hollow flotation capsule, and further comprising
6. The wave engine of claim 1, wherein the hollow tube includes a constricted section and the constricted section includes a portion of the wall defining the water accelerating surface.
a water discharge mouth configured to discharge water from the hollow tube into the pressurized air enclosure, and further comprising
a wall defining a constricting surface adapted to increase an elevation reached by water flowing upwardly in the hollow tube when water oscillates in the hollow tube;
an effluent conduit having an inlet mouth configured to drain water from the water collection basin and an outlet mouth configured to discharge water to an environment of the wave engine;
a water turbine positioned proximate to the effluent conduit and configured to receive energy from water flowing through the effluent conduit; and
an electrical generator coupled to the water turbine for converting an energy of water flowing through the effluent conduit.
1. A wave engine, comprising:
a buoy having an interior defining
a fluid collection reservoir;
a hollow tube disposed below and in fluid communication with the fluid collection reservoir,
the hollow tube formed with a constriction narrowing the hollow tube proximately to the fluid collection reservoir for spurting fluid from inside the hollow tube into the fluid collection reservoir in response to an increasing pressure within the hollow tube;
a fluid return conduit having an ingress end within the fluid collection reservoir and an egress end opening into the hollow tube; and
an electrical energy generator for converting an energy of a portion of the fluid collected in the fluid collection reservoir into electrical energy.
12. A hydrodynamic pump, comprising:
a hollow chamber configured to float at an upper surface of a body of water and to rise and fall in response to waves passing over the body of water;
a water tank included within the hollow chamber;
a pressurized air container included within the hollow chamber and in fluid communication with the water tank;
a hollow tube comprising a first mouth positioned within the hollow chamber and in fluid communication with the pressurized air reservoir,
and further comprising a second mouth positioned outside the hollow chamber, the first mouth having a flow-normal cross-sectional area lesser than a flow-normal cross-sectional area of the second mouth;
an effluent conduit traversing a wall of the hollow chamber, the effluent conduit adapted to drain water from the water tank;
a water turbine adapted to receive energy from water draining from the water tank via the effluent conduit; and an electrical generator coupled to the water turbine to generate electrical power from a rotation of the water turbine.
Allowable Subject Matter
Claims 9-26 are allowed. The following is an examiner’s statement of reasons for allowance: claims 9-26 are allowed primarily because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. Todd Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
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, Woody LEE can be reached on (571) 272-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. T. Newton/Primary Examiner, Art Unit 3673 1/20/2026