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 (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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) (a)(2) as being anticipated by WO 2019/195913.
Regarding claim 1, WO 2019/195913 discloses an aquaculture basket configured to be placed underwater and connected to an aquaculture cable (hemicylinder is configured to be attached to rope 50, fig. 2), the aquaculture basket comprising: a front surface, a rear surface, an upper surface, and a lower surface, wherein the front surface and the rear surface face each other in an extension direction of the aquaculture cable (see figure 2 below), wherein the lower surface has a convex curved shape as viewed from a front side of the aquaculture basket (see figure 2 below), and wherein the lower surface includes an opening for insertion and removal of aquaculture objects (breach 64, fig. 2).
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Regarding claim 2, WO 2019/195913 discloses further comprising: an auxiliary portion for connecting the aquaculture basket to the aquaculture cable (adjustable strap 56, 58’ or 60, pg. 11, ll. 10-12); and a joint portion (buckle, pg. 11 ll. 10-12) for attaching the auxiliary portion to a surface of the aquaculture basket ( pg. 11, ll. 12-14).
Regarding claim 3, WO 2019/195913 discloses wherein, when connected to the aquaculture cable, the aquaculture basket configured to swing about the aquaculture cable as a rotation axis in response to waves or swells (rope 50 extends through hemicylinder such that the hemicylinder is configured to rotate around rope 50).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EBONY E EVANS whose telephone number is (571)270-1157. The examiner can normally be reached 9am -5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at 5712726909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EBONY E EVANS/Primary Examiner, Art Unit 3647
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