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) 1-4, 6-7, 9-13, 15-16, 18-21, 23-24 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hewitt (US 2005/0003715) in view of Wilson, Jr. et al (US 6918801) and Nuhn (US 9694636). With respect to claims 1, 6-7, 9-10, 13, 15-16, 18-21, 23-24, 26, Hewitt discloses the basic claimed structure including a self propelled vehicle with a frame, a pair of track assemblies, a power system operatively connected to the frame assemblies, wherein the pair of track assemblies are configured to facilitate propulsion of the self propelled vehicle and at least one extension assembly to move the track assemblies to a retracted position and an extended position. Not disclosed by Hewitt are the track assemblies facilitating floatation and a liquid delivery system with pump. Wilson, Jr. et al teach track pontoons 16 which facilitate floatation (column 4, lines 10-20). Nuhn teaches a liquid delivery system with pump, nozzles and agitation (Abstract) and the nozzles also providing directional control and propulsion (column 3, lines 33-47) and to have wireless remote control (column 4, lines 20-50). 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 device of Hewitt with track assemblies being in the form of pontoons to facilitate floatation with a high likelihood of success for improved safety and to provide a liquid delivery system with pump, nozzles and agitation, directional control and propulsion and including remote wireless control as taught by Nuhn with a high likelihood of success to allow material handling such as pumping liquid and improved steering and propulsion. The combinations combine known features to achieve predictable results. Further, it is noted that a person of ordinary skill in the art before the effective filing date of claimed invention in the designing of complex and expensive amphibian vehicles would years of experience and advanced degrees and would have found the combinations to have been obvious. With respect to claims 2-4, 11-12, 20-21, note Hewitt, Figures 3-5.
Claims 5, 8, 14, 17, 22, 25 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.
Applicant's election with traverse of the restriction in the reply filed on 10/24/25 is acknowledged. Applicant’s arguments are found persuasive because. The restriction requirement is dropped.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Puck (US 2014/0112093) shows a floating liquid delivery vehicle.
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.
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STEPHEN AVILA
Primary Examiner
Art Unit 3617
/STEPHEN P AVILA/Primary Examiner, Art Unit 3615