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 .
Claims 1-18 are pending in the current application.
Drawings
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: 214b (Fig. 14). 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: #116a, #116b, #224b, #600. 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. 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 disclosure is objected to because of the following informalities:
Reference #402 is described as a pin (page 11, line 35-page12, line 1) and a screw (page 12, line 23). The examiner believes a pin is shown in the drawings.
Page 12, line 23 recites “screw 406”. This should be “pin 402”.
Page 12 line 36 recites “height adjustment motor 304”. This should be “height adjustment motor 302”.
Page 20, line 14 first recites “drive shaft 116a” and then “drive shaft 116b”. It is unclear what the correct reference number is for the drive shaft which is shown in Figure 5 as ref# 116.
Page 20 line 32 recites “In Figs. 7 and 8”. The examiner believes this should be “In Figs. 13 and 14” since the remainder of this sentence describes the arrangement of Figs. 13 and 14.
Page 21 line 4 recites “gear box 112b”. This should be “gear box 122b”.
Appropriate correction is required.
.
Claim Rejections - 35 USC § 103
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 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 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over EP2881317A1 (disclosed by applicant). EP2881317A1 discloses a vertical retracting thruster for providing thrust to a vessel (see in particular fig. 1, 2), the vertical retracting thruster being suitable for mounting within a hull of the vessel, the vertical retracting thruster comprising:
a fixed base (22) for mounting with respect to the hull;
a movable base (82);
a vertical height adjusting assembly (se e.g. 54 -57);
a thrust moto (34);
a propeller (12);
wherein the vertical retracting thruster has a retracted configuration (fig. 1), in which the propeller is retracted into the hull, and a deployed configuration (fig. 2), in which the propeller projects from the hull, the vertical retracting thruster being operable to move between the retracted configuration and the deployed configuration,
the vertical retracting thruster further comprising:
a drive shaft (see e.g. para. [0018] linking the thrust motor (34) to the propeller (12), the drive shaft extending in the vertical direction (inside support pipe 20) through the fixed base (22) when the vertical retracting thruster is in the retracted configuration;
a drive shaft casing (20) provided around at least part of the drive shaft and extending from the movable base (32) and through the fixed base (22);
a seal (19) disposed between an outer surface of the drive shaft casing (20) and an internal surface of the fixed base (22),
wherein the thrust motor (34) is contained, at least in part, within the drive shaft casing (20, see figures 1, 2), the vertical height adjusting assembly being configured to move the movable base (32), the drive shaft casing (20), the thrust motor (34) and the drive shaft (not shown) relative to the fixed base (22) in a vertical direction (cf sequence fig. 1 - fig. 2).
Regarding claims 15-17: EP2881317A1 further discloses the features in Figs 1 and 2 and para [0020]. The examiner further regards the limitation of claim 14 regrading placement of the thrust motor within the drive shaft casing as a typical design consideration made by an artisan when contemplating overall system arrangement.
There is no explicit information in EP2881317A1 as to the dimensions of the propeller. However, the feature that the outer diameter of the propeller is in the range from 100mm to 250mm would be a mere change in size typically considered within the skills and abilities of an artisan (additionally this is a very common range).
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 apparatus of EP2881317A1 by selecting a propeller size in the range of 100mm-250mm. Such a propeller size is within a common range of dimensions for thruster propellers and is a mere adaptation for selecting an appropriate size propeller to produce the desired thrust of the system.
Claim 5, 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over EP2881317A1 (disclosed by applicant). EP2881317A1 discloses a vertical retracting thruster for providing thrust to a vessel (see in particular fig. 1, 2), the vertical retracting thruster being suitable for mounting within a hull of the vessel, the vertical retracting thruster comprising: a fixed base (22) separating a thrust motor (34) side and a propeller side of the vertical retracting thruster; a movable base (32) provided on the thrust motor side; a vertical height adjusting assembly (see e.g. 54 - 57) configured to move the movable base (32) relative to the fixed base (22) in a vertical direction; a thrust motor (34) mounted to the movable base; a propeller, the propeller being provided on the propeller side; a drive shaft linking the thrust motor to the propeller (see e.g. para [0018]), the drive shaft extending in the vertical direction through the fixed base (22); a drive shaft casing (20) provided around the drive shaft; a seal (19) disposed between an outer surface of the drive shaft casing (20) and an internal surface of the fixed base (22), the seal providing water sealing between the thrust motor side and propeller side,
wherein the vertical retracting thruster has a retracted configuration (fig. 1), in which the propeller is retracted into the hull, and a deployed configuration (fig. 2), in which the propeller projects from the hull, the vertical retracting thruster being operable to move between the retracted configuration and the deployed configuration,
and wherein the vertical retracting thruster further comprises a steering arrangement for control of the direction of an axis of rotation of the propeller and thereby the direction of thrust at least when the vertical retracting thruster is in the deployed configuration (see e.g. para. [0020]), the steering arrangement being configured to rotate the thrust motor (34), the drive shaft casing (20) and the propeller (12) with respect to the movable base (32) and with respect to the fixed base (22).
EP2881317A1 further discloses the additional features of claims 8-10 (See Fig. 1, 2 and para [0020]. The examiner considers the total vertical height of less than 600mm of claim 11 and wherein the thrust motor is an electric motor to be common design choices made by an artisan based on system size and normal design considerations.
EP2881317A1 does not explicitly disclose:
- the propeller has an outer diameter in the range from 100mm to 150mm
- and wherein, when in the retracted configuration, the distance in the vertical direction between the movable base and the fixed base is less than 200mm.
As noted previously the propeller dimensions are within very common ranges typical in the art and the distance between the movable base and the fixed base are similarly easily adapted by an artisan depending on propeller size and system constraints.
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 apparatus of EP2881317A1 by selecting a propeller size in the range of 100mm-150mm and to have the distance between the movable and fixed bases in the retracted position to be less than 200mm. Such a propeller size is within a common range of dimensions for thruster propellers and spacing between the movable and fixed bases would be an easily adjustable constraint partially dependent on propeller sizing and overall system design.
Allowable Subject Matter
Claims 1-4 are allowable.
Claims 6 and 7 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 3483843 and US 5522335 each disclose retractable thrusters with electric drive motors and steering arrangements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D WIEST whose telephone number is (571)270-5974. The examiner can normally be reached M-F 6:00 - 3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel Morano can be reached at 571 272 6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D WIEST/Primary Examiner, Art Unit 3615