DETAILED ACTION
This is a Final action on the merits of application 18234420.
Claims 1-12, 14-20 are pending. Claim 13 is canceled.
Examiner notes after interview art was found on claim 19 thus the application was not in condition for allowance after additional search so Examiner amendment was not made.
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 19 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.
Claim 19, It is unclear how a proximity sensor disclosed in claim 18 somehow senses temperature of a person unless there is another sensor not disclosed in claim 18.
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 102a as being anticipated by Trotter US 10793245.
Claim 18 Trotter discloses A method of operating a watercraft 14 having a jet propulsion system 20, the method comprising: using a proximity sensor [26/28] of the watercraft 14, detecting an overboard person behind the watercraft; when the overboard person is being detected: receiving a propulsion command from an operator of the watercraft, the propulsion command being indicative of a commanded output from the jet propulsion system 20 of the watercraft; and when the commanded output is greater than a restricted output associated with a detection of the overboard person, restricting an actual output from the jet propulsion system to the restricted output in response to the propulsion command. See fig. 4; col. 5 lines 10-67. The proximity sensors prevent the outboard motor from running when a person or object is within the danger zone thus inherently propulsion commands from the operator become voided.
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) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trotter et al. and further in view of Richards US 10931934.
Claim 19, Trotter discloses the aforementioned limitations of claim 18, he does not disclose wherein detecting the overboard person includes detecting that a temperature of the overboard person is higher than a temperature of water adjacent the overboard person. Richard discloses in col. 15 lines 51-62, detecting a person in water during overboard condition by temperature difference of the person body heat and the water. 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 modified Trotter with Richards to have thermal means to detect a man overboard during night operations.
Claim 20, Trotter discloses the aforementioned limitations of claim 18, he does not disclose wherein detecting the overboard person includes detecting infrared energy emitted by the overboard person. Richards discloses in col. 11, lines 15-25, detecting a person in water during overboard condition by use of infrared cameras. 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 modified Trotter with Richards to have infrared means to detect a man overboard during night operations.
Allowable Subject Matter
Claims 1-12, 14-17 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: After further search of applicants amended independent claims prior art does not disclose the method of the propulsion command is a first propulsion command; the method includes, when the presence of the obstacle is being detected: receiving a second propulsion command [override command] from the operator after receiving the first propulsion command [acceleration command]; and executing the second propulsion command without restricting the actual output from the powertrain [jet drive] to the restricted output.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOVON E HAYES whose telephone number is (571)272-3115. The examiner can normally be reached 10am-6pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MARC JIMENEZ can be reached at 571-272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOVON E HAYES/Examiner, Art Unit 3615
/MARC Q JIMENEZ/Supervisory Patent Examiner, Art Unit 3615
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