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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must clearly show every feature of the claimed feature in sufficient detail. Therefore, the following claimed features must be clearly shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Each strut foil having a non-symmetrical cross-section with a pressure side and a suction side (claims 1 and 14). Note: The current Fig 4 does not adequately show a cambered cross-section of the strut foil
Each main foil portion having a non-symmetrical cross-section with a pressure side and a suction side (claim 6). Note: The current Fig 2 does not adequately show a cambered cross-section of the main foil portion
Applicant is requested to properly depicts the cambered, non-symmetrical cross-sections of the strut foil and the main foil portion with a pressure side and a suction side.
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.
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.
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.
Claims 1-14 are 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 claims 1 and 14, the limitation “wherein the hydrofoil assembly comprises two struts extending from the hull assembly … mainly downwards when the vessel is floating at rest, mainly partly away from the symmetry plane” (emphasis added) renders the claim indefinite for being vague. It is not sufficiently clear as to what is the intended meaning of the word “mainly” in the present context, and whether the phrases “mainly downwards” and “mainly partly away” have been used to mean “substantially downwards” and “substantially away”, respectively.
Applicant is requested to provide a clarification and/or correction that establishes clear metes and bounds of the claimed matter without introducing new matter.
In claim 13, the limitation “the vessel is not adapted to be driven by wind power” renders the claim indefinite for being vague. It is not sufficiently clear as to what would prevent the vessel from being driven by wind power if a sail was attached to the vessel. Did the applicant instead intend this limitation to be “the vessel is driven by a propeller”?
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 1-12 and 14, as best understood, are rejected under 35 U.S.C. 102(a1) as being anticipated by Coulter et al. (US 4,508,046 A).
Regarding claims 1 and 14, Coulter et al. show a hydrofoil vessel comprising: a hydrofoil assembly [30, 32] and a hull assembly [10], wherein when the vessel is floating at rest, the hull assembly presents a vertical symmetry plane (see Fig 3). The hydrofoil assembly comprises two struts [40, 42] extending from the hull assembly on opposite transverse sides of the symmetry plane, the struts extending substantially downwardly when the vessel is floating at rest, partly away from the symmetry plane and partly downwards when the vessel is floating at rest, or partly towards the symmetry plane and partly downwards when the vessel is floating at rest. The hydrofoil assembly further comprises two main foil portions [44, 46] each extending from a respective one of the struts, at least partly towards the symmetry plane. Each strut comprises a strut foil with a non-symmetrical cross-section (see Fig 3, Fig 6 and Fig 7), and with a flat, pressure side facing at least partly towards the symmetry plane, and a cambered, suction side facing at least partly away from the symmetry plane.
Re claim 2, each strut comprises a major portion and a transition portion at a lower end section of the strut, the transition portion forming a transition from the major portion to the respective main foil portion, wherein the length of the transition portion is no more than 30% of the length of the respective strut.
Re claim 3, each main foil portion extends to the other of the main foil portions through a bridging section [48].
Re claim 4, the hull assembly presents, when the vessel is floating at rest, a horizontal plane coinciding with a waterline of the hull assembly, wherein at least the bridging section [48] of the main foil portions extend substantially in parallel with the horizontal plane.
Re claim 5, the hull assembly presents, when the vessel is floating at rest, a horizontal plane coinciding with a waterline of the hull assembly, wherein the lower sections of the main foil portions each extend partly towards the symmetry plane, and wherein the upper sections of the main foil portions each extend partly towards the horizontal plane.
Re claim 6, the hull assembly presents, when the vessel is floating at rest, a horizontal plane coinciding with a waterline of the hull assembly, wherein each main foil portion has a non-symmetrical cross-section, and a pressure side facing at least partly away from the horizontal plane, and a suction side-facing at least partly towards the horizontal plane.
Re claim 7, in an alternative interpretation, the lateral central axis (proximal the mast 20) can be broadly considered as defining a vertical symmetry plane that extends laterally with respect to the hull (see Fig 2), whereby one set of strut foils of the front hydrofoil assembly [30] is positioned fore of the vertical symmetry plane, while another set of strut foils of the rear hydrofoil assembly [32] is positioned aft of the vertical symmetry plane. With such alternative interpretation, the strut foils each extend substantially within a respective plane which is parallel to the symmetry plane.
Re claim 8, the strut foils and the main foil portions are fixed in relation to the hull assembly.
Re claim 9, the strut foils and the main foil portions can be surface piercing depending on the operational conditions of the hull assembly.
Re claim 10, although the components of the hydrofoil assembly are not adjustable with respect to the hull assembly, any change in the attitude/position of the hull would be capable of correspondingly adjust the angle of attack of a hydrofoil [48], and consequently make the hydrofoil adjustable. In this manner, an additional foil section [48] attached below the hydrofoil assembly would similarly be considered an adjustable hydrofoil.
Re claim 11, the hull assembly presents, when the vessel is floating at rest, a horizontal plane coinciding with a waterline of the hull assembly, wherein the additional hydrofoil [48] is, compared to the strut foils and the main foil portions of the hydrofoil assembly, further away from the horizontal plane (see Fig 3)
Re claim 12, the adjustable hydrofoil [48] on the rear hydrofoil assembly [32] is connected to the hull assembly independently of the front hydrofoil assembly [30].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Howes et al. (US 7841285), Bussard (US 6499419), Wray (US 3357390), Schertel (US 2917016), Vertens (US 2767678), Tietjens (US 1976046) and DE-19522035 each shows a foil with a non-symmetrical cross-section comprising a pressure side and a suction side
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.
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/AJAY VASUDEVA/Primary Examiner, Art Unit 3615
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