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, 2, 5-19 are rejected under 35 U.S.C. 102a1 as being anticipated by Lecours (US 20030047379 A1).
Regarding Claim 1, Lecours discloses a watercraft comprising: a deck; a hull supporting the deck, the hull at least partly defining an engine compartment, the engine compartment having an engine compartment length measured along a longitudinal direction of the watercraft (paragraph 30); an engine assembly comprising at least an internal combustion engine, the engine assembly being disposed in the engine compartment, the engine having an engine length measured along the longitudinal direction of the watercraft, the engine length being less than half of the engine compartment length (See Fig. 1.); a drive system connected to the hull and configured for propelling the watercraft, the drive system being operatively connected to the engine in order to be powered by the engine (Element 13); and at least one acoustic panel disposed in the engine compartment to partially divide the engine compartment into a plurality of sub-compartments in communication with one another, the at least one acoustic panel extending generally perpendicular to a longitudinal centerplane of the watercraft (Element 31, Fig. 3.), wherein, in a vertical plane perpendicular to the longitudinal centerplane and extending through the at least one acoustic panel: the at least one acoustic panel occupies part of a cross-sectional area of the engine compartment; a projection of the engine assembly on the vertical plane defines an engine assembly cross-sectional area; and the part of the cross-sectional area of the engine compartment that is occupied by the at least one acoustic panel corresponds to at least a majority of the cross-sectional area of the engine compartment that is not occupied by the engine assembly cross-sectional area. (See Fig. 1. Plain meaning of correspond from Oxford English Dictionary: To answer to something else in respect of fitness; to agree with; to be agreeable or conformable to; to be congruous or in harmony with.)
Regarding Claim 2, Lecours discloses a watercraft of claim 1, wherein the at least one acoustic panel is connected to the hull. (paragraph 30)
Regarding Claim 5, Lecours discloses a watercraft of claim 1, wherein the engine assembly further comprises at least one of: a fuel tank fluidly connected to the engine to provide fuel to the engine; an airbox fluidly connected to the engine to provide air to the engine; a muffler fluidly connected to the engine for reducing noise emitted by the engine; a resonator fluidly connected to the engine for altering noise emitted by the engine; and an engine control module in communication with the engine for controlling operation of the engine. (paragraph 39)
Regarding Claim 6, Lecours discloses a watercraft of claim 5, wherein the at least one acoustic panel defines a lower central recess configured to receive a portion of the engine assembly therein so that the at least one acoustic panel at least partially surrounds the engine assembly. (This appears to include the corners in Fig 3. As in Applicant’s 110 in Fig. 10.)
Regarding Claim 7, Lecours discloses watercraft of claim 1, wherein the at least one acoustic panel comprises a first acoustic panel and a second acoustic panel, the first and second acoustic panels being spaced from one another along the longitudinal direction of the watercraft. (Element 31, 43, Fig. 1.)
Regarding Claim 8, Lecours discloses the watercraft of claim 7, wherein the plurality of sub-compartments is three sub-compartments. (See Fig. 1.)
Regarding Claim 9, Lecours discloses the watercraft of claim 8, wherein: one of the plurality of sub-compartments is an intermediate sub-compartment defined between the first and second acoustic panels; and at least a majority of the engine is disposed in the intermediate sub-compartment. (See Fig. 3.)
Regarding Claim 10, Lecours discloses the watercraft of claim 1, wherein the deck above the engine compartment is substantially flat. (The deck has at least the a significant amount of flatness.)
Regarding Claim 11, Lecours discloses the watercraft of claim 1, wherein the drive system is a jet propulsion system. (See Fig. 1.)
Regarding Claim 12, Lecours discloses the watercraft of claim 1, wherein the part of the cross-sectional area of the engine compartment that is occupied by the at least one acoustic panel corresponds to at least an entirety of the cross-sectional area of the engine compartment that is not occupied by the engine assembly cross-sectional area, and the part of the cross-sectional area of the engine compartment that is occupied by the at least one acoustic panel overlaps part of the engine assembly cross-sectional area. (See Fig. 3. Plain meaning of correspond from Oxford English Dictionary: To answer to something else in respect of fitness; to agree with; to be agreeable or conformable to; to be congruous or in harmony with.)
Claim 13 is directed to the hull of the watercraft encompassed by Claim 1 and is rejected on the same grounds.
Claim 14 is encompased by the subject matter of Claim 2 and is rejected on the same grounds.
Claim 15 is encompased by the subject matter of Claim 5 and is rejected on the same grounds.
Claim 16 is encompased by the subject matter of Claim 6 and is rejected on the same grounds.
Claim 17 is encompased by the subject matter of Claim 7 and is rejected on the same grounds.
Claim 18 is encompased by the subject matter of Claim 8 and is rejected on the same grounds.
Claim 19 is encompased by the subject matter of Claim 11 and is rejected on the same grounds.
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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lecours (US 20030047379 A1) in view of Lecours (US 20020022416 A1).
Regarding Claim 20, Lecours discloses the watercraft comprising: a deck; a hull supporting the deck, the hull at least partly defining an engine compartment; an engine assembly disposed in the engine compartment, the engine assembly comprising: an internal combustion engine; a fuel tank fluidly connected to the engine to provide fuel to the engine; a drive system connected to the hull and configured for propelling the watercraft, the drive system being operatively connected to the engine in order to be powered by the engine; and at least one acoustic panel disposed in the engine compartment to partially divide the engine compartment into a plurality of sub-compartments in communication with one another, the at least one acoustic panel extending in part above the engine assembly and on both sides of a longitudinal centerplane of the watercraft in order to at least partially surround the engine assembly, each acoustic panel of the at least one acoustic panel having a panel height that is greater than at least half of a height of the hull. (See rejection of Claim 1, See Fig. 1.) Lecours does not explicitly disclose a muffler fluidly connected the engine for reducing noise emitted by the engine.
Lecours disclose a muffler fluidly connected the engine for reducing noise emitted by the engine. (paragraph 4). It would have been obvious at the time of filing for a person of ordinary skill in the marine art to add the muffler of Lecours to engine assembly of Lecours which can be accomplished with a reasonable expectation of success. The motivation to modify Lecours is to muffle the exhaust.
Response to Arguments
Applicant's arguments filed 2 Dec 2025 have been fully considered but they are not persuasive.
Applicant argues the prior art of Lecours lacks the feature of “at least one acoustic panel disposed in the engine compartment to partially divide the engine compartment into a plurality of sub-compartments in communication with one another”. Applicant neglected any claim interpretation to define any of the terms at issue in light of Applicant’s specification. As evidence, Applicant argues “its “peripheral wall portion" indicates, forms part of the engine enclosure 11….define the engine receiving space 34,which can be considered to be the engine compartment.” Examiner agrees. Applicant’s position suggests if something like an “engine receiving space” falls within the broadest reasonable interpretation of “engine compartment” even if the prior art does not explicitly call it an engine compartment, it anticipates an engine compartment. The Oxford English Dictionary uses the definition of a “compartment” as “A separate division or section of anything, whether plane or solid.” Logically a person of ordinary skill in the art would also recognize that Element 46 in Fig 5a forms a wall of a compartment which can be considered the engine compartment. This means the engine compartment formed by 46 would be an engine super-compartment in relation to engine compartment recognized by the Applicant. Examiner’s position is that the relationship between “super-compartment” and “compartment” is equivalent to the relationship with “compartment” and “sub-compartment.” Examiner’s position is the compartment recognized Applicant can be a sub-compartment to a larger engine compartment formed by Element 46. The Examiner maintains the rejection.
Allowable Subject Matter
Claims 3, 4 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
THIS ACTION IS MADE FINAL. 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 ANDREW POLAY whose telephone number is (408)918-9746. The examiner can normally be reached M-F 9-5 Pacific.
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/ANDREW POLAY/Primary Examiner, Art Unit 3615 15 March 2026