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 .
An amendment was received from the applicant on 6/10/2025.
Claim 1 is amended.
Claims 11 and 13 are cancelled.
Claims 1-10 and 12 are pending in the current application.
Response to Arguments
Applicant's arguments filed 6/10/2025 have been fully considered but they are not persuasive. Applicant argues amended claim features which add broad claim language. Such features are disclosed by the prior art of record and are noted in the rejections below. Additionally, applicant’s claim amendments introduce new matter not previously disclosed in the specification nor shown in the drawings. Finally, applicant added drawings 5-7 which are not described in the specification and which introduce reference numerals which are not contained in the specification. Modified rejections to Keough are included below to address the amended claims.
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 “asymmetrically shaped outlet” must be shown or the feature cancelled from the claim. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: (116, 120, 122, 124, 125, 126, 127, 129, 130, 131, 134, 136, 138, 140, 142, 147, 149, 152, 153, The drawings submitted on 6/10/2025 include figures 5-7 which were not included in the original drawings nor described in the specification including identifying the reference numerals in the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 amendment filed 6/10/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The “asymmetrically shaped outlet” of the housing of claim 1 is not disclosed in the specification.
Applicant is required to cancel the new matter in the reply to this Office Action.
The disclosure is objected to because of the following informalities: The specification does not include a brief description of figures 5-7 which were added in the amendment of 6/10/2025. These drawings should be removed or should be properly described in the specification.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 1-10 and 12 are 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 or a joint inventor regards as the invention.
Claim 1 recites the limitation "the housing" in line 10. There is insufficient antecedent basis for this limitation in the claim.
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)(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, 5 and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US2018/0265180 to Keough.
Regarding Claim 1, Keough discloses a hand-held boat thruster for a boat (portable propulsion system for a watercraft, Para. [0004], Fig. 1), which includes: a hand-held control unit (driver 32, Fig. 1) having a switch operably connected thereto (user may selectively operate driver 32 to rotate shaft 36 about a rotational axis R1 of shaft 36, Para. [0019]; driver 32 may be a drill that is portable, electric, handheld, and/or cordless, Para. [0020]); a power source (driver 32 may include a battery and/or may be coupled to a portable solar panel S, Fig. 1) operably connected to said switch (user may selectively operate driver 32 to rotate shaft 36 about a rotational axis R1 of shaft 36, Para. [(0019]); a connecting shaft extending from said hand held control unit (shaft 36, Fig. 1; shaft 302, Fig. 6); a propulsion device (outer casing 304, propeller 308, and prop guard 310, Fig. 6) which is operably connected to the switch by way of said shaft
(prop end portion of shaft 302 may be operatively connected to propeller 308, such that rotation of drive end portion 302a (e.g., by the driver) may be configured to rotate propeller 308, Para. [0066], Figs. 1 and 6); and a bumper (generally, first component 42, Fig. 1; specifically, first component 306, Fig. 6), wherein said bumper (42/306, Figs. 1 and 6) includes an arcuate aspect (see profile of component 42, Fig. 2), wherein said bumper is configured to provide tack against the boat (first component 42/306 is capable of being disposed against a hull of a watercraft W exert a lateral force against the watercraft, see Fig. 1) operably connected about said propulsion device (first component 42/306 is disposed about outer casing 40/304, Figs. 1 and 6, opposite the outlet of the housing 310 (which has one side (forward end) larger than another side (outlet end) of said housing) such that when said switch is actuated in an on position, said propulsion device creates a thrust and enables said bumper to be disposed against a hull of the boat to aid in docking (first component 42/306 is capable of being disposed against a hull of a watercraft W to propel the watercraft, see Fig. 1).
Regarding Claim 2, Keough discloses the boat thruster of claim 1, wherein said propulsion device includes a housing disposed about a propeller (prop guard 310, Fig. 6) and includes at least one intake port on one side of said propeller (slots in tapered portion of prop guard 310, Fig. 6) with an outlet on another other side of said propeller through which flow path is directed (open end of prop guard 310 opposite shaft 302,
Fig. 6).
Regarding Claim 3, Keough discloses the boat thruster of claim 2, wherein said bumper (306, Fig. 6) is connected to a distal end of said housing (306 abuts end of prop guard 310, Fig. 6).
Regarding Claim 5, Keough discloses the boat thruster of claim 1, wherein said propulsion device is one of electrically direct driven and mechanically indirectly driven (driver 32 may be a drill that is portable, electric, handheld, and/or cordless, Para. [0020]).
Claims 1, 2, and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2016/0325815 to Nikmanesh.
Regarding Claim 1, Nikmanesh discloses a hand-held boat thruster for a boat (propulsion system attached to a power supply unit supporting a power supply to allow for handheld operation of the propulsion system, Para. [0033], Fig. 10), which includes: a hand-held control unit (adapter 300, Fig. 10) having a switch operably connected thereto (trigger mechanism 322, Para. [0057], Fig. 10); a power source operably connected to said switch (power supply unit 1100, Para. [0056]-[0057], Fig. 10); a connecting shaft extending from said hand held control unit (306, Figs. 4-6); a propulsion device (200, Fig. 10) which is operably connected to the switch by way of said shaft (via the electrical conduit 306 of the adapter 300, the power supply pack 100 to the electrical connection 208 on the outer surface 210 of the housing 202 to supply power from the power supply pack 100 to the motor 204, Para. [0040]); and a bumper (214, 216, Fig. 3) operably connected about said propulsion device (214, 216 form outermost surface of 200, Fig. 3) such that when said switch is actuated in an on position, said propulsion device creates a thrust (processor (not shown) of the propulsion device 200 is configured to throttle the motor 204 when a signal indicating
that depression of the trigger mechanism 322 is detected is received from the processor (not shown) of the power supply pack 100, Para. [0057]) and enables said bumper to be disposed against a hull of the boat to aid in docking (214, 216, Fig. 3, are capable of being positioned against a hull and applying a lateral force to a hull when motor 204 is actuated, Figs. 3 and 10).
Regarding Claim 2, Nikmanesh discloses the boat thruster of claim 1, wherein said propulsion device includes a housing (232, Fig. 3) disposed about a propeller (206, Fig. 3) and includes at least one intake port on one side of said propeller (depicted in Fig. 2) with an outlet on another other side of said propeller through which flow path is directed (at end of 232 opposite shaft 230, Fig. 3).
Regarding Claim 12, Nikmanesh discloses the boat thruster of claim 2, wherein said one side (portion of 232 nearest to shaft 230, Fig. 3) is larger than said another side of said housing (portion of 232 furthest from shaft 230, Fig. 3).
Claims 1, 8, and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2022/0063771 to Thrustme AS (hereinafter, "Thrustme”").
Regarding Claim 1, Thrustme discloses a hand-held boat thruster for a boat (motor assembly 1, Fig. 2A), which includes: a hand-held control unit (controller unit 18, Figs. 2A and 18A) having a switch operably connected thereto (control unit 26 also comprises a power switch 29 for switching the motor unit 23 on and off, Para. [0064], Fig. 3); a power source operably connected to said switch (battery housing 12 may comprise a power source, such as chargeable batteries, which powers the motor assembly 1 and
motor 4, Para. [0052]; power switch 29 for switching the motor unit 23 on and off, Para. [0064], Fig. 3); a connecting shaft extending from said hand held control unit (arm 7’, Fig. 18A); a propulsion device (propeller housing 3 comprises an electrical motor 4 adapted to rotate propellers 5, Para. [0043], Fig. 3) which is operably connected to the switch by way of said shaft (Fig. 18A); and a bumper (protective meshes 41 and 42, Figs. 2B and 2C) operably connected about said propulsion device such that when said
switch is actuated in an on position, said propulsion device creates a thrust and enables said bumper to be disposed against a hull of the boat to aid in docking (protective meshes 41 and 42 would be capable of applying a lateral force to a boat hull when 3 is activated, Figs. 2B, 2C, depending on the configuration of the various joints and shafts, see Figs. 3, 9, 10A).
Regarding Claim 8, Thrustme discloses the boat thruster of claim 1, wherein said shaft (arm 7’, Fig. 18A) extends normal to a central axis of said propulsion device (arm 7’ extends normal to the central axis of the propeller in propeller housing 3, Fig. 18A).
Regarding Claim 10, Thrustme discloses the boat thruster of claim 1, which includes an electrical line (wiring for power and control signals are provided between and through all relevant parts of the motor assembly 1, Para. [0047]; motor unit 18 may be powered by a separate battery resource connected to the motor 4 through wiring connected to the charge port 26, Para. [0062]; wire bundle 151 comprising wiring for power from power source, and wiring for communication from controller unit 18 and power source 12, Para. [0069], Fig. 15A) operably disposed in said hand held control unit (motor unit 18 may be powered by a separate battery resource connected to the motor 4 through wiring connected to the charge port 26, Para. [0062], Fig. 3) and operably extends through said connecting shaft (wire bundle 151, Fig. 15A) and operably connects to a motor in said propulsion device (wiring for power and control signals are provided between and through all relevant parts of the motor assembly 1, Para. [0047]; motor unit 18 may be powered by a separate battery resource connected to the motor 4 through wiring connected to the charge port 26, Para. [0062]; wire bundle 151 comprising wiring for power from power source, and wiring for communication from controller unit 18 and power source 12, Para. [0069], Fig. 15A) which in turn operably connects to a drive shaft of a propeller (propeller housing 3 comprises an electrical motor 4 adapted to rotate propellers 5; the electrical motor 4 is provided in a water tight configuration with sealed through holes for wiring providing power from battery and/or remote power source, and optional control signaling, Para. [0043]).
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2011/0244740 to Daikoku et al. (hereinafter, "Daikoku").
Regarding Claim 1, Daikoku discloses a hand-held boat thruster for a boat (electric outboard motor further includes: a steering handle performing a steering manipulation, Para. [0014], Fig. 1), which includes: a hand held control unit (10, Figs. 1-3) having a switch operably connected thereto (49, Fig. 1); a power source operably connected to said switch (battery pack 62 is connected to switch 49 via control section 65, Fig. 2); a connecting shaft extending from said hand held control unit (28, Fig. 3); a propulsion device (gear 32, gear 33, shaft 34, propeller 35, Fig. 3) which is operably connected to the switch by way of said shaft (28, Fig. 3); and a bumper (rounded exterior surface at forward end of gear case 27, Fig. 3) operably connected about said propulsion device (gear case 27 disposed around 32, 33, 34, Fig. 3) such that when said switch is actuated in an on position, said propulsion device creates a thrust and enables said bumper to be disposed against a hull of the boat to aid in docking (gear case 27 is capable of being disposed against a hull of a watercraft hull to apply a lateral force to the hull, Fig. 3).
Regarding Claim 9, Daikoku discloses the boat thruster of claim 1, which includes a motor (11, Fig. 2) operably disposed in said hand held control unit (10, Fig. 2) and operably connects to a drive shaft (26, Fig. 3) which extends through said connecting shaft (28, Fig. 3) and operably connects to a gear drive box (interior of gear case 27, Fig. 3) in said propulsion device (interior of gear case 27 encloses gear 32, gear 33, shaft 34, Fig. 3) which in turn operably connects to a drive shaft of a propeller (shaft 34 of propeller 35, Fig. 3).
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 4, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over
over US 2018/0265 180 to Keough.
Regarding Claim 4, Keough discloses the boat thruster of claim 1. The first cited embodiment of Keough fails to disclose wherein said connecting shaft is telescoping. However, a second embodiment of Keough (Fig. 7) discloses wherein said connecting shaft is telescoping (operating system 400 between the extended and collapsed positions may involve second casing portion 408 sliding in first outer casing portion 406,
Para. [0076], Fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first embodiment of Keough (Fig. 6) to include the telescoping shaft of the second embodiment of Keough (Fig. 7). The motivation would have been to adjust the length between the driver and the propeller depending on the distance to the water surface based on the freeboard of the vessel, or to adjust operation in shallow water.
Regarding Claim 6, Keough discloses the boat thruster of claim 1, but fails to explicitly state wherein said hand held control unit includes a power source operably connected to a rheostat switch and a trigger. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a rheostat switch and a trigger, since it was well known in the art before the priority date to use a rheostat switch and trigger to control the speed and operation of battery-operated drills. The motivation for doing so would have been to use a control interface that is familiar to consumers to control the speed of the thruster in a safe and controlled manner.
Regarding Claim 7, Keough discloses the boat thruster of claim 6, wherein said power source is a rechargeable battery operably disposed in said handle control unit (solar panel S may be coupled to a power supply of the driver, such as to the battery of the driver, Para. [0020], Fig. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6036555 discloses a handheld boat thruster with a trigger switch, power source, shaft, propeller and housing with a curved handle capable of serving as a bumper and providing tack against curved hull surfaces. US 3441592 discloses a hand-held boat thruster having a hand-held control unit, power source, connecting shaft, and arcuate bumper.
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.
/ANTHONY D WIEST/Primary Examiner, Art Unit 3615