DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
An amendment after Non-Final Rejection was filed by applicant on 09/12/2025.
Claims 1, 6, 7, 10, 13-15, 18, 19, 22 and 23 are amended.
Claims 3-5, 8, 9, 11, 12, 16, 17, 20, 21 and 24 are canceled.
Claims 25 and 26 are new.
6. Claims 1, 2, 6, 7, 10, 13-15, 18, 19, 22, 23, 25 and 26 are remaining in the application.
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 claimed feature limitations: “electromechanical propulsion system”, “passive buoyancy system”, “active buoyancy system”, “the rigid sail comprises a plurality of sections that nest” and “collapsible buoyancy system” must be shown as recited or the feature(s) canceled from the claim(s).
Appropriate correction is required.
The Drawings are also objected to for the following informalities:
Figs. 5A and 5B should be line drawings instead of photographs. In addition, there are no reference characters provided in either figure that correlate to the Specification.
Appropriate correction is required.
9. 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. No new matter should be entered.
10. In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Specification
11. 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 claimed limitations “electromechanical propulsion system”, “passive buoyancy system”, “active buoyancy system”, “first position”, “second position” and “collapsible buoyancy system” are not found in the Specification as are recited in the claims. Claim limitations should be consistent with features found in and described in the Specification. In addition, terminology and/or nomenclature should be consistent throughout the disclosure (includes the Abstract, Specification and the Claims). Applicant was advised in the interview held on 09/03/2025 to ensure that any formal amendment by applicant has consistent nomenclature and/or phraseology throughout the disclosure (including Abstract, Specification and Claims). This objection is not the same as an objection of the Specification for lacking sufficient support for the claimed subject matter. Appropriate correction is required.
Claim Objections
12. Claim 25 is objected to because of the following informality:
“a collapsible buoyancy devices” should be - collapsible buoyancy devices -.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
13. The following is a quotation of 35 U.S.C. 112(b):
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.
14. Claim 26 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor, regards as the invention.
15. That which comprises the claimed “collapsible buoyancy system” is not clear in light of the Specification, since such feature cannot be found nor is described in the Specification as is newly recited in the claims. The Specification merely specifies use of both collapsible and rigid buoyancy devices but does not describe what distinctly makes up collapsible buoyancy system.
Allowable Subject Matter
16. Claims 1, 2, 6, 7, 10, 13-15, 18, 19, 22, 23 and 25 are allowed.
Conclusion
17. THIS ACTION IS MADE FINAL. 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.
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL V VENNE whose telephone number is (571)272-7947. The examiner can normally be reached between M-F, 7am-3:30pm Flex. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel J. Morano can be reached on (571) 272-6684. 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).
19. If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (USA OR CANADA) or 571-272-1000.
/Daniel V Venne/
Senior Examiner, Art Unit 3615
09/22/2025