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 .
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(s) 1 and 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 5704308) in view of Lalli, Jr. (US 6341993) and Haynes (US 5545063). With respect to claims 1, 7-8, Anderson discloses the basic claimed structure including a trim tab assembly with a mounting base 27 configured to be mounted to a stern of a marine vessel 10, a trim tab 30, a pivot joint configured to raise and lower the trim tab relative to the mounting base (via 25) and a propeller 22. Not disclosed by Anderson is a trim tab comprising a nozzle and an axial flow pump. Lalli, Jr. teaches a tab device with a nozzle and pump (Figures 1-2). Haynes teaches an axial flow pump (column 9, lines 1-2). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Anderson with the propeller being inside the trim tab and having a nozzle to form a ducted fan as taught by Lalli, Jr. with a high likelihood of success for improved efficiency via reduced drag and to form the device with an axial flow pump as taught by Haynes with a high likelihood of success for improved propulsive efficiency. The combinations combine known features to achieve predictable results. With respect to claim 9, note Anderson, column 5, lines 45-50. With respect to claim 9, note Anderson, column 5, lines 45-50. With respect to claim 10, it would have been an obvious choice of engineering design to pivot the tabs to a vertical position with a high likelihood of success for improve boat control. Note also MPEP 2144.04 V D. With respect to claim 11, note Anderson, Figure 1 and claim 8.
Claims 2-6 and 12-14 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.
Claims 15-22 are allowed.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schell, Jr. et al (US 3171379) show a tab device. Kerandraon (US 3307358) show a propelling device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN AVILA whose telephone number is (571)272-6678. The examiner can normally be reached Mon-Thu 6-4.
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, Samuel J. 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.
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.
STEPHEN AVILA
Primary Examiner
Art Unit 3617
/STEPHEN P AVILA/Primary Examiner, Art Unit 3615