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 .
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 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 – GB 2372783A.
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. 1:4.2. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “6” has been used to designate both an axial direction changer and a rotation direction changer. 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. 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.
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 rotation movement direction changer as recited in Claim 1;
other power change organ as recited in Claim 1;
bevel gear pair, worm gear as recited in Claim 3;
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. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1-9 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 1-9 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited. In addition, it appears more amendments are required or necessary and some of the examiner’s suggestions also requires additional amendments. Moreover, some limitations could not be suggested by the examiner. The suggestions are the following:
Claim 1. An apparatus to produce electric energy comprising:
a water vehicle;
an underwater frame in a horizontal operation position supported by a turbine rotor;
a first axis , a second axisof a rotation connected to of turbine rotor and
turbine rotor by a cylinder
, the frame by a joint a relation to the frame at a joint axis in a water flow direction
The following limitations are not suggested or provided with suggestions by the examiner since the limitations are unclear to what can be included or removed or amended and also based on previous suggestions by the examiner:
c. the horizontal rotation movement of the first axis has been adapted to change into vertical rotation movement in the first part of the second axis,
d. The second axis has been connected either directly or with some other power change organ and/or a gear to the generator to transfer the rotation movement to it,
e. the generator has been adapted to be connected to a battery to store the electric energy it produces,
wherein the first part of the second axis and to the rotation direction changer belonging organ has been adapted in a space that is in the center of the joint same centered with the joint axis and the first axis and the organ fixed to it and belonging to the rotation direction changer has been adapted to turn into the radial direction in relation to the mentioned first part of the second axis around it essentially horizontally in which case the direction of the first axis and to that fixed mentioned organ in relation to the water vehicle and the apparatus has been adapted to change directed by the cylinder.
For instance, the recitation “c. the horizontal rotation movement of the first axis has been adapted to change into vertical rotation movement in the first part of the second axis”. It is unclear how a “movement of an axis is adapted change into a vertical movement in a first part of an second axis”. All the elements mentioned are axis, movements and not something structural. Therefore, it is unclear how non structure elements can perform the recited limitation (“c.”). Moreover, “the horizontal rotation movement” lack antecedent basis.
In another instance, the recitation “d. The second axis has been connected either directly or with some other power change organ and/or a gear to the generator to transfer the rotation movement to it”. It is unclear how an axis is connected to a power change …
The following limitation cannot be suggested by the examiner, and they are unclear:
wherein the first part of the second axis and to the rotation direction changer belonging organ has been adapted in a space that is in the center of the joint same centered with the joint axis and the first axis and the organ fixed to it and belonging to the rotation direction changer has been adapted to turn into the radial direction in relation to the mentioned first part of the second axis around it essentially horizontally in which case the direction of the first axis and to that fixed mentioned organ in relation to the water vehicle and the apparatus has been adapted to change directed by the cylinder.
It is unclear how a axis has a first part and the remaining limitations need to be amended but the examiner was not able to make suggestions.
Claim 2. The apparatus according to the claim 1, wherein the cylinder
Claim 3. The apparatus according to the claim 1, wherein the direction changer of the rotation movement comprises a bevel gear pair, a worm gear, or a universal joint.
Claim 4. The apparatus according to claim 1, wherein the second axis consists at least one universal joint.
It appears that the claim should recite “an universal joint has a second axis”.
Claim 5. The apparatus according to claim 1, wherein it consists around the second axis adapted and at least a part of its length reaching casing to protect the mentioned axis against the harmful effect of the vegetation.
An axis is not a structure and therefore unclear how can be adapted as recited.
Claim 6. The apparatus according to claim 1, wherein a filter has been adapted to the end of the cylinder to protect the rotor against the harm of vegetation, fishes, and living organisms.
It is unclear how a filter can filter at an end of the cylinder. Perhaps, the claim should recite “a filter in an inlet at an end of the cylinder”. (If supported by the specification).
Claim 7. The apparatus according to claim 1, wherein the cylinder comprises
Claim 8. The apparatus according to claim 1, wherein the
Claim 9 is unclear and not able to suggest amendments by the examiner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2015036260A1 discloses a device for aquatics designed to be fastened on a boat, which comprises: a member (1) for generating an electric current when it interacts with a first fluid; a support (2) designed to be mounted on the boat.
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.
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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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