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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on three applications filed in South Africa on 09/16/2025, 09/12/2025 and 07/09/2025, respectively. It is noted, however, that applicant has not filed certified copies of the application numbers 2025/07878; 2025/07749; and 2025/05833 as required by 37 CFR 1.55.
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 following features must be shown and identified with proper reference numbers, or the feature(s) canceled from the claim(s).
a non-metallic fibrous or net-like material embedded in the buoyant body (claim 4)
tamper-proof coupling (claims 14 and 24)
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 specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
the buoyant body being formed of a material that is non-flammable and having a relative density less than 1 (claim 3)
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3, 14 and 24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 3 sets forth that the buoyant body is formed of a material that is non-flammable and has a relative density which is less than 1 (emphasis added). It is noted however that the specification has failed to disclose any specific material that is both non-flammable and also has a relative density less than 1.
Claims 14 and 24 set forth one or more tamper-proof couplings (emphasis added). However, the specification has failed to disclose any specific construction or design that would make the coupling to become “tamper proof”.
Therefore, in absence of adequate guidance in the disclosure, a person skilled in the art would not be able to make and/or use the claimed invention without undue experimentation.
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.
Claim 4 is 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.
In claim 4, the limitation “wherein non-metallic fibrous or net-like material is embedded in the buoyant body” renders the claim indefinite. It is not sufficiently clear if such non-metallic fibrous or net-like material is same or different from the reinforcing structure set forth in the preceding claim. Applicant is requested to provide a clarification and/or correction
Claim Rejections - 35 USC § 102
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.
Claims 1-6, 9-12 and 16-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 201810875 U (‘875). See the attached English translation.
CN ‘875 discloses a buoy comprising a buoyant body [1] and a reinforcing structure [2] in or on the buoyant body, wherein the buoy is formed by molding (see ¶0007, line 3, and ¶0018, line 2)
Re claim 2, the buoyant body comprises a shell [3, 4] and an expanded plastics material inside the shell.
Re claim 3, the buoyant body comprises at least one material made of steel that is embedded inside the body, wherein the embedded steel material is non-flammable. Being buoyant, the relative density of the entire buoyant body is less than 1, wherein the reinforcing structure comprises metal components (see ¶0007, line 3, and ¶0018, line 2).
Re claim 4, the reinforcing structure embedded inside the buoyant body is disclosed as a steel wire mesh frame (see ¶0007, line 3), which is broadly considered to be a “net-like material” required in the claim.
Re claim 5, the body is circular cylindrical in shape and the reinforcing structure extends circumferentially, in one or more layers, around a central axis of the buoyant body.
Re claim 6, as seen in Fig 2, the ratio of diameter of the buoyant body to axial length of the buoyant body is between 0.75 and 3.
Re claim 9, the reinforcing structure comprises a steel wire mesh frame with a plurality of circular frame members positioned along the longitudinal axis of the buoy and supporting a plurality of longitudinal frame members (see Fig 1 and Fig 2). The circular frame members proximate the opposing ends of the buoy are broadly considered to be the supporting members at opposing ends of the body, respectively, wherein the plurality of longitudinal frame members of the reinforcing structure is secured to and extends between the supporting members.
Re claim 10, the buoyant body is made from an expanded plastics material like foam, which is adhered to the reinforcing structure.
Re claim 11, as explained above for claim 9, the reinforcing structure comprises a steel wire mesh frame with a plurality of circular frame members positioned along the longitudinal axis of the buoy and supporting a plurality of longitudinal frame members (see Fig 1 and Fig 2). The two circular frame members proximate the opposing ends of the buoy are broadly considered to be the first and second supporting members at opposing ends of the body, respectively, wherein the plurality of longitudinal frame members of the reinforcing structure is positioned between the first and second supporting members and secured to the first and second supporting members.
Re claim 12, the buoyant body comprises a shell [3, 4] in which the reinforcing structure and the buoyant material are located.
Re claims 16-22, the method steps set forth in the claims are encompassed in the construction of the buoy, as described above.
Claims 1-2, 5-6 and 9-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US 9,239,214 B2)
Smith discloses a buoy comprising a buoyant body [10, 12] and a reinforcing structure [38] in or on the buoyant body, wherein the buoy is formed by molding (see col. 2, line 36)
Re claim 2, the buoyant body comprises a shell [14] and an expanded plastics material [18] inside the shell.
Re claim 5, the body is circular cylindrical in shape (col. 1, lines 61-62) and the reinforcing structure extends circumferentially, in one or more layers, around a central axis of the buoyant body.
Re claim 6, as seen in Fig 2, the ratio of diameter of the buoyant body to axial length of the buoyant body is between 0.75 and 3.
Re claim 9, the buoy comprises supporting members [42, 44] at opposing ends of the body (col. 2, lines 53-55), respectively, wherein the reinforcing structure is secured to and extends between the supporting members.
Re claim 10, the buoyant body is made from an expanded plastics material which is adhered to the reinforcing structure.
Re claim 11, the buoyant body has a circular cylindrical form (col. 1, lines 61-62) with spaced apart first and second supporting members [42, 44] each of which is centered on an axis. The reinforcing structure [38] is positioned between the first and second supporting members and secured to the first and second supporting members; wherein the reinforcing structure is embedded in the buoyant material.
Re claim 12, the buoyant body comprises a shell [14] in which the reinforcing structure and the buoyant material are located.
Re claim 13, Smith further shows a plurality of buoys forming a waterborne barrier (see Fig 5), wherein the plurality of buoys are positioned successively end-to-end along a barrier line and wherein adjacent buoys are secured together and each buoy is independently freely rotatable about an axle line (col. 2, line 5).
Re claim 14, adjacent buoys of the plurality of buoys are secured together by means of a respective tamper-proof coupling [48].
Re claim 15, the body of each buoy on opposed sides has respective recesses each of which is centered on the axis (Fig 1).
Re claims 16-22, the method steps set forth in the claims are encompassed in the construction of the buoy, as described above.
Re claim 23, the buoyant body is mounted on an axle [40] so that the body is rotatable about a longitudinal axis.
Re claim 24, the waterborne barrier includes an elongate array of buoys connected together by tamper-proof couplings [48].
Claim Rejections - 35 USC § 103
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.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over CN 201810875 U (‘875)
CN ‘875 discloses a buoy comprising a buoyant body [1] and a reinforcing structure [2], as described above, wherein the reinforcing structure is selected from a mesh material, a single element, a plurality of elements at different locations inside the body, a chain link mesh, welded mesh, and hardened metallic components, wherein the mesh material is a steel wire mesh frame (see ¶0007, line 3),
CN ‘875 however fails to disclose that the reinforcing structure is positioned in a region of from 10 to 30 cm from an outer surface of the body (claim 7), or the steel mesh material being galvanized steel (claim 8).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to position the reinforcing structure within 10-30 cm from an outer surface of the body as a matter of routine design choice. Employing such positioning would have provided the buoy with sufficient rigidity while also protecting external structures against damage in the event of a collision with the buoy. Additionally, it is noted that the use of galvanized steel to protect steel structures from rust and corrosion is well known in the marine art. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use galvanized steel mesh material, which would have protected it from corrosion in the harsh marine environment and prolonged the operational life and safety of the buoy.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
GB 2478946 shows a buoy comprising a buoyant body with reinforcing structure and tamper-proof couplings [46, 48] at each end.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AJAY VASUDEVA whose telephone number is (571)272-6689. The examiner can normally be reached 6:00 am - 3:00 pm.
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, Marc Jimenez can be reached at 571-272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AJAY VASUDEVA/Primary Examiner, Art Unit 3615
Prosecution Insights