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 .
The present application is a CIP of Application No. 17/818,216, which is now abandoned.
Drawings
The drawings were received on March 20, 2023. These drawings are acceptable.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 27,2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 21 is 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.
Regarding claim 21, the phrase "such as" in line 15 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claims 1-2, 6, 11, 15 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. (US 2011/0088607 A1) in view of Wilson (US 6,182,594).
Kobayashi et al. discloses a water jet propulsion watercraft, as shown in Figures 1-9, which is comprised of a hull or container, defined as Part #2, with an interior, as shown in Figures 7-8, and a propulsion system, as shown in Figure 9, which is comprised of a water intake portion or channel, defined as Part #123, a water discharge portion or exhaust pipe, defined as Part #124, and a propulsion member or impeller, defined as Part #104, that is rotatably driven by means of a driveshaft, defined as Part #103, that is connected to an engine, defined as Part #95. Said propulsion member or impeller protrudes backwards from and is positioned outside of said hull or container, as shown in Figure 9, where said propulsion member or impeller connects to said water intake portion or channel and said water discharge portion or exhaust pipe. Said propulsion member or impeller is configured to draw water through said water intake portion or channel and pump out said water through said water discharge portion or exhaust pipe. Said propulsion member or impeller exerts linear thrust upon said water to provide forward or backward movement of said hull or container. A towing tower, defined as Part #6, as shown in Figure 1, is also provided on said hull or container for towing a water skier or a watercraft by means of a towrope, as described in paragraph 0028. Said hull or container is also provided with a handle holding portion or lid, defined as Part #33, that is connected to a top portion of said hull or container by means of a hinge, as shown in Figure 6C. The interior of said hull or container is further comprised of a battery, defined as Part #96, as shown in Figure 8, for electrically powering said engine for said propulsion member or impeller.
Kobayashi et al. also discloses a method of towing a watercraft, as shown in Figures 1-9, which is comprised of the steps of providing a hull or container, defined as Part #2, with an interior, as shown in Figures 7-8, providing a propulsion system, as shown in Figure 9, that is positioned underneath said interior, providing a water intake portion or channel, defined as Part #123, a water discharge portion or exhaust pipe, defined as Part #124, and a propulsion member or impeller, defined as Part #104, where said propulsion member or impeller protrudes backwards and is positioned outside of said hull or container, as shown in Figure 9, connecting said propulsion member or impeller to said water intake portion or channel and said water discharge portion or exhaust pipe, as shown in Figure 9, drawing water through said water intake portion or channel and pumping said water through said water discharge portion or exhaust pipe by means of said propulsion member or impeller, as shown in Figure 9, and exerting linear thrust upon said water by means of said propulsion member or impeller for moving said hull or container forward or backward in order to tow a water skier or watercraft by means of a towing tower, defined as Part #6, as shown in Figure 1.
Kobayashi et al. as set forth above, discloses all of the features claimed except for the use of a watercraft and a towline that is towed by said hull or container.
Wilson discloses a towable inner tube accessory, as shown in Figures 1-10, which is comprised of a watercraft in the form of an inner tube, defined as Part #34, with a rider, defined as Part #32, seated on a top portion of said inner tube, and a cable or towline, defined as Part #30, that is connected to said inner tube and to a tow tower on a boat, defined as Part #24. Said boat is configured to tow said inner tube and said rider over a body of water, defined as Part #20, by means of said cable or towline, as shown in Figure 1. Said inner tube is configured to be inflatable for use and deflated when not in use.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize an inner tube with a towline that is towable by a boat, as taught by Wilson, in combination with the water jet propulsion watercraft as disclosed by Kobayashi et al. for the purpose of providing a water jet propulsion watercraft with an inner tube and towline for towing a rider over a body of water.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. in view of Wilson, and further in view of Sato et al. (US 10,011,327).
Kobayashi et al. in combination with Wilson discloses all of the features claimed except for the use of a lid with a seal and a latch.
Sato et al. discloses a personal watercraft, as shown in Figures 1-17, which includes a body, defined as Part #12, with a hull, defined as Part #18, a deck, defined as Part #20, and a first lid, defined as Part #12A, that is hingedly attached to said deck, as shown in Figure 5, with a first latch, defined as Part L1, that is configured to retain said first lid in a closed position. A watertight seal can also be provided between a first storage container, defined as Part #14, and said first lid, as described in lines 7-11 of column 7, in order to prevent water from entering an interior of said first storage container.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize a watercraft with a lid having a seal and a latch, as taught by Sato et al., in combination with the water jet propulsion watercraft as disclosed by Kobayashi et al. and the teachings of Wilson for the purpose of providing a water jet propulsion watercraft with watertight access means to an interior of said watercraft.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. in view of Wilson, and further in view of Matsuda et al.
Kobayashi et al. in combination with Wilson discloses all of the features claimed except for the use of a watercraft with a location sensor and a position sensor.
Matsuda et al. discloses a personal watercraft, as shown in Figures 1-6, which includes a body, defined as Part #2, with a hull, defined as Part #3, and a deck, defined as Part #4, a control unit, defined as Part #24, and a position sensor, defined as Part #31. A position and location of said watercraft is detected by a GPS sensor, as described in lines 35-37 of column 4.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize a watercraft with a position sensor and a GPS sensor, as taught by Matsuda et al., in combination with the water jet propulsion watercraft as disclosed by Kobayashi et al. and the teachings of Wilson for the purpose of providing a water jet propulsion watercraft with means to facilitate the determination of a location and position of said watercraft during operation.
Allowable Subject Matter
Claims 5, 7-10, 12, 16 and 19-20 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.
Claim 21 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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October 3, 2025
/LARS A OLSON/Primary Examiner, Art Unit 3615