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 without traverse of Species B in the reply filed on 3/16/26 is acknowledged.
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) 24-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi JPS6181321A in view of Breckner US5018946.
Regarding claim 24, Hayashi teaches a method of reducing a quantity of fish being pumped by a fish pump whilst maintaining a sufficient flow rate such that fish cannot swim back upstream into the fish pump, the method comprising the steps of:
providing an apparatus for pumping fish, comprising:
a primary communication channel for delivery of water and fish therethrough (2/3/4 figure 1);
a fish pump comprising an inlet and an outlet and arranged on the primary communication channel and configured to pump water and fish along the primary communication channel (13 figure 1); and
an upstream bypass chamber arranged on the primary communication channel upstream of the inlet of the fish pump, wherein the upstream bypass chamber is configured in use to mix a flow of water into the primary communication channel providing fish and water to the primary communication channel (23 by way of booster pump 27);
operating the fish pump to pump the fish and water along the primary communication channel (as shown and described); and
mixing a flow of water into the primary communication channel at the upstream bypass chamber (as previously described), thereby reducing the quantity of fish being pumped while maintaining a sufficient flow rate on a downstream side of the fish pump such that the fish cannot swim back upstream to the outlet of the fish pump;
but does not specify wherein the upstream bypass chamber comprises a conical diffuser configured to slow the flow of water into the primary communication channel.
Breckner; however, provides at least one example teaching such shapes as very well known in the art and in fluid flow in general (near 40 in figure 7). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such a shape in order to meet design requirements for particular desired flow rates, etc.
Regarding claim 25, the references teach the method according to claim 24, wherein Hayashi further teaches the fish pump is a bladeless centrifugal pump (the English translation describes “this type pump is a centrifugal rotary fish pump incorporating a bladeless impeller 1”).
Regarding claim 26, the references teach the method according to claim 24, wherein Hayashi further teaches the upstream bypass chamber comprises a central fluid communication channel registered in diameter with the primary communication channel (shown near 24 in figure 1).
Regarding claim 27, the references teach the method according to claim 26, wherein Hayashi further teaches the central fluid communication channel comprises grating configured to define an outer boundary within the upstream bypass chamber which the fish can reach as they pass through the upstream bypass chamber, whilst allowing water to enter the central fluid communication channel through the grating (17 of figure 7 described in the translation as “this filter material 17 is a plate material having water permeability that cannot pass the solids sent by the transfer pump 13 but allows the liquid to pass therethrough”), in an alternate embodiment. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such a grating within the upstream chamber, in order to achieve similar filtering benefits within the upstream chamber; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 28, the references teach the method according to claim 27, wherein a spacing of the grating is suitably sized such that the fish being pumped through the upstream bypass chamber in use cannot pass through the grating and such that a sufficient volume of water can enter the central fluid communication channel through the grating (see claim 27 rejection).
Regarding claim 29, the references teach the method according to claim 24, wherein the upstream bypass chamber comprises an enlarged chamber (as shown in figure 1) configured to slow the flow of water into the primary communication channel (see previous rejections, and by way of being enlarged).
Regarding claim 30, the references teach the method according to claim 24, wherein the upstream bypass chamber comprises a fine grid configured to reduce the speed of the flow of water entering the upstream bypass chamber to be mixed into the primary communication channel (see claim 27 rejection).
Regarding claim 31, the references teach the method according to claim 24, wherein Hayashi further teaches the primary communication channel comprises first and second shut off valves configured to control the flow of water and fish in the primary communication channel (11/12 figure 4), in an alternate embodiment. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such valves, in order to accommodate design preferences for a particularly desired flow rate; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 32, the references teach the method according to claim 24, wherein the apparatus further comprises a supplementary pump configured to pump water to the upstream bypass chamber (see claim 24 rejection, pump 27).
Regarding claim 33, the references teach the method according to any of claims 24, wherein Hayashi further teaches the apparatus further comprises a downstream bypass chamber arranged on the primary communication channel downstream of the outlet of the fish pump (16 of figure 1);
wherein the downstream bypass chamber is configured in use to remove water from the primary communication channel such that the water can be recirculated to the upstream bypass chamber (as previously described by drain 20 port and pump 27 shown in figure 1).
Regarding claim 34, the references teach the method according to claim 33, wherein the apparatus further comprises a supplementary pump configured to pump water from the downstream bypass chamber to the upstream bypass chamber (see claim 33 rejection).
Regarding claim 35, the references teach a method of reducing a quantity of fish being pumped by a fish pump whilst maintaining a sufficient flow rate such that fish cannot swim back upstream into the fish pump, the method comprising the steps of:
providing an apparatus for pumping fish, comprising:
a primary communication channel for delivery of water and fish therethrough;
a fish pump comprising an inlet and an outlet and arranged on the primary communication channel and configured to pump water and fish along the primary communication channel;
an upstream bypass chamber arranged on the primary communication channel upstream of the inlet of the fish pump, wherein the upstream bypass chamber is configured in use to mix a flow of water; and
a downstream bypass chamber arranged on the primary communication channel downstream of the outlet of the fish pump, wherein the downstream bypass chamber is configured in use to remove water from the primary communication channel such that the water can be recirculated to the upstream bypass chamber into the primary communication channel;
providing fish and water to the primary communication channel;
operating the fish pump to pump the fish and water along the primary communication channel;
removing water from the primary communication channel at the downstream bypass chamber;
communicating the water from the downstream bypass chamber to the upstream bypass chamber; and
mixing the water back into the primary communication channel at the upstream bypass chamber, thereby reducing the quantity of fish being pumped while maintaining a sufficient flow rate on a downstream side of the fish pump such that the fish cannot swim back upstream to the outlet of the fish pump;
wherein the upstream bypass chamber comprises a conical diffuser configured to slow the flow of water into the primary communication channel (see previous rejections).
Regarding claim 36, the references teach the method according to claim 35, wherein the fish pump is a bladeless centrifugal pump (see previous rejections).
Regarding claim 37, the references teach the method according to claim 35, wherein the upstream bypass chamber comprises a central fluid communication channel registered in diameter with the primary communication channel (see previous rejections).
Regarding claim 38, the references teach the method according to claim 35, wherein the primary communication channel comprises grating configured to define an outer boundary within the upstream bypass chamber which the fish can reach as they pass through the upstream bypass chamber, whilst allowing water to enter the primary communication channel through the grating (see previous rejections).
Regarding claim 39, the references teach the method according to claim 38, wherein a spacing of the grating is suitably sized such that the fish being pumped through the upstream bypass chamber in use cannot pass through the grating and such that a sufficient volume of water can enter the primary communication channel through the grating (see previous rejections).
Regarding claim 40, the references teach the method according to claim 35, wherein the upstream bypass chamber comprises an enlarged chamber configured to slow the flow of water into the primary communication channel (see previous rejections).
Regarding claim 41, the references teach the method according to claim 35, wherein the upstream bypass chamber comprises a fine grid configured to reduce the speed of the flow of water entering the upstream bypass chamber to be mixed into the primary communication channel (see previous rejections).
Regarding claim 42, the references teach the method according to claim 35, wherein the apparatus further comprises a supplementary pump configured to pump water to the upstream bypass chamber (see previous rejections).
Regarding claim 43, the references teach the method according to claim 35, wherein the apparatus further comprises a supplementary pump configured to pump water from the downstream bypass chamber to the upstream bypass chamber (see previous rejections).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WONG whose telephone number is (571)272-7889. The examiner can normally be reached Monday through Friday from 8:00am to 4:30pm MST.
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/JESSICA B WONG/Primary Examiner, Art Unit 3644
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