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 .
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 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.
Claims 1, 2, 5, 6, 11, 12, 15, 16, and 20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by CA 3205070 (CA’070).
For claims 1, 11, and 20, CA’070 teaches a method comprising:
obtaining sensor data indicating a condition associated with a fish pen (see claims 9 and 14; pages 5-10);
determining that the sensor data satisfies one or more threshold conditions (see claims 9 and 14; pages 5-10);
responsive to determining that the sensor data satisfies one or more threshold conditions, generating at least one signal configured to adjust emission of bubbles from a bubble generation system associated with the fish pen (see pages 5-10); and adjusting the bubble generation system in accordance with the at least one signal (see claims 9 and 14; pages 5-10).
For claims 2 and 12, CA’070 teaches wherein obtaining sensor data indicating the condition associated with the fish pen comprises: obtaining sensor data indicating a noise (see claims 11 and 16).
For claims 5 and 15, CA’070 teaches wherein obtaining sensor data indicating the condition associated with the fish pen comprises: obtaining sensor data indicating a location of a cleaner fish in the fish pen (see pages 5-10).
For claims 6 and 16, CA’070 teaches obtaining subsequent sensor data; generating a second signal configured to adjust bubble generation in a vicinity of the fish pen; and transmitting the second signal to the bubble generation system (see pages 5-10).
Claims 1, 3, and 13 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by WO 2019/045573 (WO’573).
For claim 1, WO’573 teaches a method comprising:
obtaining sensor data indicating a condition associated with a fish pen (see claims 16-17; pages 4, 7, and 8);
determining that the sensor data satisfies one or more threshold conditions (see pages 4-6);
responsive to determining that the sensor data satisfies one or more threshold conditions, generating at least one signal configured to adjust emission of bubbles from a bubble generation system associated with the fish pen (see pages 4-6); and adjusting the bubble generation system in accordance with the at least one signal (see pages 4-6).
For claims 3 and 13, WO’573 teaches wherein obtaining sensor data indicating condition associated with the fish pen comprises: obtaining sensor data indicating a potential invader of the fish pen (see pages 4-8).
Claims 1, 4, 7-10, 14, 17, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Norway 20211497 (Norway’497).
For claim 1, Norway’497 teaches a method comprising:
obtaining sensor data indicating a condition associated with a fish pen (see pages 9-11);
determining that the sensor data satisfies one or more threshold conditions (see pages 9-11);
responsive to determining that the sensor data satisfies one or more threshold conditions, generating at least one signal configured to adjust emission of bubbles from a bubble generation system associated with the fish pen (see pages 9-11); and adjusting the bubble generation system in accordance with the at least one signal (see pages 9-11).
For claims 4 and 14, Norway’497 teaches wherein the potential invader of the fish pen is a jellyfish (see page 5).
For claims 7 and 17, Norway’497 teaches wherein obtaining sensor data indicating the condition associated with the fish pen comprises: obtaining sensor data indicating weather data affecting the vicinity of the fish pen (see page 9).
For claims 8 and 18, Norway’497 teaches wherein obtaining sensor data indicating the condition associated with the fish pen comprises: obtaining sensor data indicating a level of oxygen dissolved in water in a vicinity of the fish pen (see pages 9-11).
For claims 9 and 19, Norway’497 teaches wherein generating the signal configured to adjust emission of bubbles from the bubble generation system associated with the fish pen comprises: generating the signal configured to cause bubbles to be generated by the bubble generation system in a ring around the fish pen (see pages 9-11).
For claim 10, Norway’497 teaches wherein generating the signal configured to adjust emission of bubbles from the bubble generation system associated with the fish pen comprises: generating the signal configured to cause bubbles to be generated by the bubble generation system in a wall that protects at least a portion of the fish pen (see pages 9-11).
Conclusion
Note, although the examiner recites certain excerpts for the prior art, MPEP 2141.02 VI states “PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRINH T NGUYEN whose telephone number is (571)272-6906. The examiner can normally be reached on Monday-Friday 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TRINH T NGUYEN/Primary Examiner, Art Unit 3644
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