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 .
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 14-16 are rejected under 35 U.S.C. 102(a1) as being anticipated by Coulter et al. (US 4,508,046 A), as cited in the previous Office action.
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.
When the vessel is cruising at moderate or slow speeds, the hull would be only partially lifted out of the water, with the two struts remaining substantially submerged. Additionally, the main foil portions too would remain fully submerged during such moderate or slow cruising speeds.
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].
Re claims 15-16, each strut, with its cambered suction side facing away from the symmetry plane, is configured to create a righting movement to provide roll stabilization to the hull.
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over (US 4,508,046 A) in view of Messing (US 4,194,458 A)
Coulter et al. show a vessel comprising: a hydrofoil assembly, as described above. Coulter et al. however fail to disclose that the vessel is motor- or engine-driven.
Messing shows a vessel comprising: a hydrofoil assembly, and an auxiliary propulsion system comprising a motor [33] (see Fig 3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to provide the vessel of Coulter et al. with an auxiliary propulsion system comprising a motor. Having such an arrangement would have allowed the vessel of Coulter et al. to be easily propelled even in the absence of adequate strong winds or water currents.
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
Applicant's Arguments: Applicant has argued that:
(i) Coulter's support struts 50 and 52 have symmetrical cross-sections and don't contribute to any hydrodynamic lift;
(ii) The parts 40 and 42 with asymmetrical cross-sections are not struts but lift-out wings that are not in the water once the board reaches cruising speed;
(iii) Coulter also fails to teach that each main foil portion is a submerged foil adapted to be fully submerged during a cruising mode when the hull assembly is lifted out of the water.
Response: Applicant’s arguments are not persuasive for the following reasons:
(i) The examiner has considered parts # 40, 42 – and not parts # 50, 52 – to be the struts. Therefore, the shape of such structures 50, 52 is not relevant to the rejection.
(ii) Further, any elongated structure can be considered a strut. Therefore, regardless of the name or label used in the Coulter reference, parts # 40 and 42 qualify as struts. When the vessel is traveling (i.e., cruising) at moderate or slow speeds, the hull would be only partially lifted out of the water, with the struts 40, 42 remaining substantially submerged.
(iii) Applicant has provided no evidence that the main foil portions would not remain fully submerged during a cruising mode. As explained above, when the vessel is cruising at moderate or slow speeds, the hull would be only partially lifted out of the water, with the struts 40, 42 remaining substantially submerged. This means that the main foil portions too would remain fully submerged during such moderate or slow cruising speeds.
Conclusion
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.
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