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 .
Response to Amendment
1. Claims 1-2, 4, 7-10, 12-14, 16, and 19-20 are currently pending.
2. Claims 2, 5-6, 11, 15, 17-18, and 21 are canceled.
3. Claims 1 and 13 are currently amended.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
7. Claims 1-2, 4, 7-10, 12-14, 16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Morikami (US 20150246714 A1), in view of Hiramatsu (US 20110166724 A1), and in further view of Karnick (US 20220306260 A1).
8. Regarding Claim 1, Morikami teaches a marine vessel maneuvering system comprising (Morikami: [0011]):
An operator to maneuver a marine vessel including a propulsion generator and a steering mechanism; and a controller configured or programmed to control a propulsive force of the propulsion generator and a steering by the steering mechanism based on an operation on the operator by a user (Morikami: [0031], [0032], [0106], and [0112]);
And wherein the controller is configured or programmed to turn the marine vessel either counterclockwise or clockwise by performing a propulsion reverse direction control… of the propulsion generator to a reverse direction when the user operates the operator to turn the marine vessel either counterclockwise or clockwise in a state that the marine vessel is turned either clockwise or counterclockwise, respectively (Morikami: [0061], [0098], [0101], and [0103]);
The operator includes a joystick operable to rotate clockwise from a neutral position to turn the marine vessel clockwise and to rotate counterclockwise from the neutral position to turn the marine vessel counterclockwise (Morikami: [0055], [0061], [0098], [0101], and [0103]);
And the controller is configured or programmed to perform the propulsion reverse direction control when the joystick is switched from a state of being rotated either clockwise or counterclockwise to a state of being rotated either counterclockwise or clockwise, respectively,… or when a length of time during which the joystick is located at the neutral position while the joystick is switched from a state of being rotated either clockwise or counterclockwise to a state of being rotated either counterclockwise or clockwise, respectively… (Morikami: [0098] and [0106]).
Morikami does not explicitly teach to change a direction of the propulsive force of the propulsion generator to a reverse direction when the user operates the operator to turn the marine vessel and the propulsion generator includes only one outboard motor attached to a hull of the marine vessel. Although, Morikami does teach that the operator can change zones to change control of the marine vessel. Although, Morikami does teach that the operator can change zones to change control of the marine vessel.
However, in the same field of endeavor, Hiramatsu teaches wherein the controller is configured or programmed to turn the marine vessel either counterclockwise or clockwise by performing a propulsion reverse direction control to change a direction of the propulsive force of the propulsion generator to a reverse direction when the user operates the operator to turn the marine vessel either counterclockwise or clockwise in a state that the marine vessel is turned either clockwise or counterclockwise, respectively (Hiramatsu: [0010], [0145], and [0150]);
And the propulsion generator includes only one outboard motor attached to a hull of the marine vessel (Hiramatsu: [0128]);
Morikami and Hiramatsu are considered to be analogous to the claim invention because they are in the same field of marine vessel control. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Morikami to incorporate the teachings of Hiramatsu to change a direction of the propulsive force of the propulsion generator to a reverse direction when the user operates the operator to turn the marine vessel for a propulsion generator with only one outboard motor because it provides the benefit of frequently change a heading or position of the marine vessel while docking by using a joystick for fine adjustments. This provides the additional benefit of increased control of the marine vessel in challenging environments. Including only one outboard motor attached to the hull provides the benefit of controlling the heading/steering with increased control of the marine vessel in additional embodiments as explained in [0128] of Hiramatsu.
Morikami and Hiramatsu fail to explicitly teach the controller is configured or programmed to perform the propulsion reverse direction control when the joystick is switched… in a time shorter than a predetermined first number of seconds, or when a length of time during which the joystick is located at the neutral position while the joystick is switched… is shorter than a predetermined second number of milliseconds or seconds.
However, in the same field of endeavor, Karnick teaches the controller is configured or programmed to perform the propulsion reverse direction control when the joystick is switched from a state of being rotated either clockwise or counterclockwise to a state of being rotated either counterclockwise or clockwise, respectively, in a time shorter than a predetermined first number of seconds, or when a length of time during which the joystick is located at the neutral position while the joystick is switched from a state of being rotated either clockwise or counterclockwise to a state of being rotated either counterclockwise or clockwise, respectively, is shorter than a predetermined second number of milliseconds or seconds (Karnick: [0021], [0041], and [0042] Note that a time shorter than a predetermined first number of seconds is equivalent to completing the sequence numerous times in quick succession.).
Morikami, Hiramatsu, and Karnick are considered to be analogous to the claim invention because they are in the same field of marine vessel control. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Morikami and Hiramatsu to incorporate the teachings of Karnick to perform propulsion reverse direction control when the joystick is switched in a time shorter than a predetermined first number of seconds because it provides the benefit of controlling the marine in a marine vessel that enables quick steer to improve the control of the vessel while docking where significant drive angle and propulsion changes are required to effectively steer. This provides the additional benefit of increased maneuverability to avoid obstacles and accurately guide the marine vessel in close quarters.
9. Regarding Claim 2, Morikami, Hiramatsu, and Karnick remains as applied above in Claim 1, and further, Morikami teaches the controller is configured or programmed to perform the propulsion reverse direction control and maintain a steering angle by the steering mechanism when the user operates the operator to turn the marine vessel either counterclockwise or clockwise and the marine vessel has been previously turned either clockwise or counterclockwise, respectively (Morikami: [0098], [0100], [0101], and [0103]).
10. Regarding Claim 4, Morikami, Hiramatsu, and Karnick remains as applied above in Claim 1, and further, Morikami teaches the controller is configured or programmed to: control the steering mechanism such that the propulsion generator is returned to a reference position from either a portside rotation position or a starboard rotation position by the steering mechanism when the joystick is rotated either clockwise or counterclockwise and is returned to the neutral position; and perform the propulsion reverse direction control with the propulsion generator returned to either the portside rotation position or the starboard rotation position by the steering mechanism when the joystick is rotated either counterclockwise or clockwise before the propulsion generator is returned to the reference position by the steering mechanism (Morikami: [0057] and [0098]).
11. Regarding Claim 7, Morikami, Hiramatsu, and Karnick remains as applied above in Claim 1, and further, Morikami teaches the controller is configured or programmed to perform the propulsion reverse direction control and adjust the propulsive force of the propulsion generator such that a magnitude of the propulsive force of the propulsion generator with respect to a magnitude of an amount of operation on the operator to turn the marine vessel clockwise becomes a same as a magnitude of the propulsive force of the propulsion generator with respect to a magnitude of an amount of operation on the operator to turn the marine vessel counterclockwise when the user operates the operator to turn the marine vessel either counterclockwise or clockwise and the marine vessel has been previously turned either clockwise or counterclockwise, respectively (Morikami: [0102] and [0103]).
12. Regarding Claim 8, Morikami, Hiramatsu, and Karnick remains as applied above in Claim 7, and further, Morikami teaches the controller is configured or programmed to control a magnitude of the propulsive force of the propulsion generator to turn the marine vessel according to a magnitude of an amount of rotation of the joystick, and to perform the propulsion reverse direction control and adjust the propulsive force of the propulsion generator such that a magnitude of the propulsive force of the propulsion generator with respect to a magnitude of an amount of clockwise rotation of the joystick becomes a same as a magnitude of the propulsive force of the propulsion generator with respect to a magnitude of an amount of counterclockwise rotation of the joystick when the user operates the joystick to turn the marine vessel either counterclockwise or clockwise and the joystick has been previously rotated either clockwise or counterclockwise and the marine vessel is turned either clockwise or counterclockwise (Morikami: [0102] and [0103]).
13. Regarding Claim 9, Morikami, Hiramatsu, and Karnick remains as applied above in Claim 1, and further, Karnick teaches the propulsion generator includes an electric propulsion device driven by a motor (Karnick: [0026]).
14. Regarding Claim 10, Morikami, Hiramatsu, and Karnick remains as applied above in Claim 1, and further, Morikami teaches a steering angle by the steering mechanism is 60 degrees or more and 80 degrees or less when the operator is operated to turn the marine vessel clockwise or counterclockwise (Morikami: [0048] and [0062] Note that Morikami discloses the claimed invention except for the steering angle by the steering mechanism is 60 degrees or more and 80 degrees or less. It would have been an obvious matter of design choice to set a predetermined range of angles the steering mechanism can turn, since the applicant has not disclosed anything that solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with a different range of predetermined steering angles. Also, note that Morikami teaches that the steering angle of the steering mechanism can be a predetermined range.).
15. Regarding Claim 12, Morikami, Hiramatsu, and Karnick remains as applied above in Claim 1, and further, Morikami teaches the controller is configured or programmed to perform the propulsion reverse direction control again when the user operates the operator to turn the marine vessel either clockwise or counterclockwise and the direction of the propulsive force of the propulsion generator is changed to the reverse direction (Morikami: [0053] and [0103]).
16. Regarding Claim 13, Morikami teaches a marine vessel comprising: a hull; and a marine propulsion unit attached to the hull; wherein the marine propulsion unit includes: a propulsion generator to generate a propulsive force to propel the marine vessel; and a steering mechanism to steer the propulsion generator; the hull includes: an operator to maneuver the marine vessel; and a controller configured or programmed to control the propulsive force of the propulsion generator and a steering by the steering mechanism based on an operation on the operator by a user (Morikami: [0031], [0032], [0106], and [0112]);
And the controller is configured or programmed to turn the marine vessel either counterclockwise or clockwise by performing a propulsion reverse direction control… of the propulsion generator to a reverse direction when the user operates the operator to turn the marine vessel either counterclockwise or clockwise in a state that the marine vessel is turned either clockwise or counterclockwise, respectively (Morikami: [0061], [0098], [0101], and [0103]);
The operator includes a joystick operable to rotate clockwise from a neutral position to turn the marine vessel clockwise and to rotate counterclockwise from the neutral position to turn the marine vessel counterclockwise (Morikami: [0055], [0061], [0098], [0101], and [0103]);
And the controller is configured or programmed to perform the propulsion reverse direction control when the joystick is switched from a state of being rotated either clockwise or counterclockwise to a state of being rotated either counterclockwise or clockwise, respectively,… or when a length of time during which the joystick is located at the neutral position while the joystick is switched from a state of being rotated either clockwise or counterclockwise to a state of being rotated either counterclockwise or clockwise, respectively… (Morikami: [0098] and [0106]).
Morikami does not explicitly teach to change a direction of the propulsive force of the propulsion generator to a reverse direction when the user operates the operator to turn the marine vessel and the propulsion generator includes only one outboard motor attached to a hull of the marine vessel. Although, Morikami does teach that the operator can change zones to change control of the marine vessel. Although, Morikami does teach that the operator can change zones to change control of the marine vessel.
However, in the same field of endeavor, Hiramatsu teaches wherein the controller is configured or programmed to turn the marine vessel either counterclockwise or clockwise by performing a propulsion reverse direction control to change a direction of the propulsive force of the propulsion generator to a reverse direction when the user operates the operator to turn the marine vessel either counterclockwise or clockwise in a state that the marine vessel is turned either clockwise or counterclockwise, respectively (Hiramatsu: [0010], [0145], and [0150]);
And the propulsion generator includes only one outboard motor attached to a hull of the marine vessel (Hiramatsu: [0128]);
Morikami and Hiramatsu are considered to be analogous to the claim invention because they are in the same field of marine vessel control. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Morikami to incorporate the teachings of Hiramatsu to change a direction of the propulsive force of the propulsion generator to a reverse direction when the user operates the operator to turn the marine vessel for a propulsion generator with only one outboard motor because it provides the benefit of frequently change a heading or position of the marine vessel while docking by using a joystick for fine adjustments. This provides the additional benefit of increased control of the marine vessel in challenging environments. Including only one outboard motor attached to the hull provides the benefit of controlling the heading/steering with increased control of the marine vessel in additional embodiments as explained in [0128] of Hiramatsu.
Morikami and Hiramatsu fail to explicitly teach the controller is configured or programmed to perform the propulsion reverse direction control when the joystick is switched… in a time shorter than a predetermined first number of seconds, or when a length of time during which the joystick is located at the neutral position while the joystick is switched… is shorter than a predetermined second number of milliseconds or seconds.
However, in the same field of endeavor, Karnick teaches the controller is configured or programmed to perform the propulsion reverse direction control when the joystick is switched from a state of being rotated either clockwise or counterclockwise to a state of being rotated either counterclockwise or clockwise, respectively, in a time shorter than a predetermined first number of seconds, or when a length of time during which the joystick is located at the neutral position while the joystick is switched from a state of being rotated either clockwise or counterclockwise to a state of being rotated either counterclockwise or clockwise, respectively, is shorter than a predetermined second number of milliseconds or seconds (Karnick: [0021], [0041], and [0042] Note that a time shorter than a predetermined first number of seconds is equivalent to completing the sequence numerous times in quick succession.).
Morikami, Hiramatsu, and Karnick are considered to be analogous to the claim invention because they are in the same field of marine vessel control. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Morikami and Hiramatsu to incorporate the teachings of Karnick to perform propulsion reverse direction control when the joystick is switched in a time shorter than a predetermined first number of seconds because it provides the benefit of controlling the marine in a marine vessel that enables quick steer to improve the control of the vessel while docking where significant drive angle and propulsion changes are required to effectively steer. This provides the additional benefit of increased maneuverability to avoid obstacles and accurately guide the marine vessel in close quarters.
17. Regarding Claim 14, Morikami, Hiramatsu, and Karnick remains as applied above in Claim 13, and further, Morikami teaches the controller is configured or programmed to perform the propulsion reverse direction control and maintain a steering angle by the steering mechanism when the user operates the operator to turn the marine vessel either counterclockwise or clockwise and the marine vessel has been previously turned either clockwise or counterclockwise, respectively (Morikami: [0098], [0100], [0101], and [0103]).
18. Regarding Claim 16, Morikami, Hiramatsu, and Karnick remains as applied above in Claim 13, and further, Morikami teaches the controller is configured or programmed to: control the steering mechanism such that the propulsion generator is returned to a reference position from either a portside rotation position or a starboard rotation position by the steering mechanism when the joystick is rotated either clockwise or counterclockwise and is returned to the neutral position; and perform the propulsion reverse direction control with the propulsion generator returned to either the portside rotation position or the starboard rotation position by the steering mechanism when the joystick is rotated either counterclockwise or clockwise before the propulsion generator is returned to the reference position by the steering mechanism (Morikami: [0057] and [0098]).
19. Regarding Claim 19, Morikami, Hiramatsu, and Karnick remains as applied above in Claim 13, and further, Morikami teaches the controller is configured or programmed to perform the propulsion reverse direction control and adjust the propulsive force of the propulsion generator such that a magnitude of the propulsive force of the propulsion generator with respect to a magnitude of an amount of operation on the operator to turn the marine vessel clockwise becomes a same as a magnitude of the propulsive force of the propulsion generator with respect to a magnitude of an amount of operation on the operator to turn the marine vessel counterclockwise when the user operates the operator to turn the marine vessel either counterclockwise or clockwise and the marine vessel has been previously turned either clockwise or counterclockwise (Morikami: [0102] and [0103]).
20. Regarding Claim 20, Morikami, Hiramatsu, and Karnick remains as applied above in Claim 13, and further, Morikami teaches the controller is configured or programmed to control a magnitude of the propulsive force of the propulsion generator to turn the marine vessel according to a magnitude of an amount of rotation of the joystick, and to perform the propulsion reverse direction control and adjust the propulsive force of the propulsion generator such that a magnitude of the propulsive force of the propulsion generator with respect to a magnitude of an amount of clockwise rotation of the joystick becomes a same as a magnitude of the propulsive force of the propulsion generator with respect to a magnitude of an amount of counterclockwise rotation of the joystick when the user operates the joystick to turn the marine vessel either counterclockwise or clockwise and the joystick has been previously rotated either clockwise or counterclockwise and the marine vessel is turned either clockwise or counterclockwise (Morikami: [0102] and [0103]).
Response to Arguments
21. Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive.
22. First, the Applicant has alleged "that one of ordinary skill in the art would not have been motivated to modify Morikami in view of Nose and Hiramatsu in the manner alleged by the Examiner" and "there would have been no logical reason to have modified the inventions of Morikami and Nose to include only one outboard motor in view of Hiramatsu because doing so would have rendered the inventions of Morikami and Nose unsatisfactory for their intended purpose of providing marine vessels with increased maneuverability by selectively controlling a plurality of outboard motors." The Examiner disagrees.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Morikami, Hiramatsu, and Karnick are all in the field of endeavor of performing a propulsion reverse direction control when a joystick is switched in a marine vessel.
Morikami has been applied to teach a marine vessel to control a propulsive force and steering based on operation of an operator. The controller in Morikami is configured to reverse the direction of control when the joystick is switched from a state of clockwise or counterclockwise to counterclockwise or clockwise, respectively. Therefore, Morikami teaches that the user may use a joystick to control the direction of the propulsion generator. The claims indicate that the propulsion generator only includes one outboard motor which is why Hiramatsu has been applied in view of Morikami. This is because Hiramatsu explains in at least [0010], [0145], and [0150] that the propulsion reverse direction control can be performed when a joystick is switched for marine vessels with a single motor or with marine vessels with a plurality of motors. Using a marine vessel with only one outboard motor compared to a marine vessel with multiple outboard motors provides the benefit of increased maneuverability in different marine vessel embodiments.
Further, as currently claimed, the one outboard motor is not positively controlled because the controller is only configured to perform the propulsion reverse direction control when the joystick is switched. Therefore, there is no indication in the claim language how the propulsion generator is controlled other than switching directions of the propulsion. Additionally, one of ordinary skill in the art would recognize that no matter how many outboard motors are attached to a marine vessel, the outboard motors can be controlled in forward and reverse.
23. Second, the Applicant has alleged "any logical combination of Morikami, Nose, and Hiramatsu fails to teach or suggest all of the features recited in Applicant's Claims 1 and 13" and "the Examiner acknowledged that Nose does not teach or suggest performing the propulsion reverse direction control within a finite length of time."
This argument is moot because Karnick (US 20220306260 A1) has been applied to teach the amended subject matter of performing the propulsion reverse direction control within a finite length of time in at least [0021], [0041], and [0042]. Karnick teaches to control the marine vessel in a quick steer mode by rapidly changing the steering and propulsion generator direction.
24. Third, the Applicant has alleged "Nose does not teach or suggest using a joystick, let alone resulting control when a joystick is switched from a state of being rotated either clockwise or counterclockwise to a state of being rotated either counterclockwise or clockwise, repsectively, within a predetermined finite length of time."
This argument is moot because Nose was only used to teach to change a direction of the propulsive force to a reverse direction when a user operates the operator. Morikami and Karnick are applied to teach control when a joystick is switched states within a finite length of time, as previously described. Morikami and Karnick teach that the user operates the operator (joystick) to perform the propulsion reverse direction control.
25. Morikami (US 20150246714 A1), in view of Hiramatsu (US 20110166724 A1), and in further view of Karnick (US 20220306260 A1) teaches all aspects of the invention. The rejection is modified according to the newly amended language but still maintained with the current prior art of record.
26. Claims 1-2, 4, 7-10, 12-14, 16, and 19-20 remain rejected under their respective grounds and rational as cited above, and as stated in the prior office action which is incorporated herein. Also, although not specifically argued, all remaining claims remain rejected under their respective grounds, rationales, and applicable prior art for these reasons cited above, and those mentioned in the prior office action which is incorporated herein.
Conclusion
27. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
28. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL T SILVA whose telephone number is (571)272-6506. The examiner can normally be reached Mon-Tues: 7AM - 4:30PM ET; Wed-Thurs: 7AM-6PM ET; Fri: OFF.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached at 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL T SILVA/Examiner, Art Unit 3663
/ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663