DETAILED ACTION
This is a first action on the merits of application 18150943.
Claims 1-18 are pending.
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.
Claim(s) 1-4, 7-8, 10-13, 16-17 is/are rejected under 35 U.S.C. 102a as being anticipated by Achard EP 4026766.
Claims 1 and 10, Achard discloses a closed loop heat exchanger system 500 for use with an outboard motor (stern drive) 110 comprising: a lower drive unit 118 configured to support a propulsion system 122, wherein a majority of the lower drive unit is disposed in the water when in operation; a heat exchanger assembly 514 disposed internally within the lower drive unit 122, and configured to be in thermal communication with an external surface of the lower drive unit; and a fluidic pump 516 in fluid communication with the heat exchanger assembly 514; an inlet channel directing a cooling fluid from the fluidic pump 516 into the lower drive unit and into the heat exchanger assembly; and an outlet channel directing the cooling fluid having passed through the heat exchanger assembly into, over or about heat generating motor components disposed outside the lower drive unit. See figs 15-16.
Claim 2 and 11, Achard discloses wherein the heat generating motor components include at least one of: an electric motor 410, an inverter 412 and gear reducer. See fig. 15
Claim 3 and 12, Achard discloses a hub assembly disposed on an upper portion of the lower drive unit 122 and wherein the hub 126 [gear assembly] assembly forms a part of the inlet channel and the outlet channel. Conduits implemented at 540, 542, 544, 546, 548, 550. See figs 14-16.
Claim 4 and 13, Achard discloses the hub assembly 126 includes a cavity portion [inherent] that is configured to receive a portion of a lower drive shaft 420 therein. See figs 14-16
Claim 7 and 16, Achard discloses the heat exchanger assembly is comprised of a first set of traversing channels disposed about a rear portion of the lower drive unit and a second set of traversing channels disposed about the front portion of the lower drive unit. As shown from the block diagram in fig. 15 the coolant flow path inherently flows as stated above through the conduits in the housing.
Claim 8 and 17, Achard discloses traversing channels [540, 542, 544, 546, 548, 550] are at least partially formed into one or more sidewalls of a housing of the lower drive unit, and wherein the one or more sidewalls form a portion of an exterior surface of the housing. See [0060]
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(s) 5-6, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Achard et al.
Claims 5-6 and 14-15, Achard discloses the aforementioned limitations of the independent claims 1 and 10, He also discloses cooling channel are formed into a sidewall of a housing of the lower drive unit. He does not explicitly disclose the heat exchanger assembly is comprised of at least one channel traversing about itself along at least one plane. However, inferring from fig. 15 it is obvious the channels traversing about itself along at least one plane. This is of ordinary skill and very common in heat exchanger systems to cool components of an outboard motor or any variation of equipment with cooling needs. Thus, it 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 to use said configuration to provide cooling for a plurality of components.
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Achard et al. and further in view of Norton US 12179898.
Claims 9 and 18, Achard discloses the aforementioned limitations of claims 1 and 10, he also discloses a hub. However, he does not disclose the hub assembly enables the lower drive unit to be rotated 360 degrees when connected to a slewing assembly. Norton discloses an outboard motor that can be rotated 360 degrees when connected to a slewing assembly. See figs. 6a-6b, col. 1 lines 40-50. Thus, it 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 to have combined the disclosures to attain the said configuration to change direction of the vessel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOVON E HAYES whose telephone number is (571)272-3115. The examiner can normally be reached 10am-6pm M-F.
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 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.
/JOVON E HAYES/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615