DETAILED ACTION
This is a first action on the merits of application 18234420.
Claims 1-20 are pending.
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) 1-2, 4-10, 12, 16-17 is/are rejected under 35 U.S.C. 102a as being anticipated by Kato US 20230054594.
Claim 17, Kato discloses an electric watercraft 2 comprising: a jet propulsion system 18; a motoring battery 38 to power the jet propulsion system; a proximity sensor 12 to detect a presence of an obstacle in proximity to the electric watercraft; an accelerator 55 to receive a propulsion command from an operator of the electric watercraft, the propulsion command being indicative of a commanded output from the jet propulsion system; and a controller 400 operatively connected to the jet propulsion system, to the proximity sensor 12 and to the accelerator 55, the controller 400 being configured to: when a propulsion of the electric watercraft 2 is paused, determine that the presence of the obstacle is being detected by the proximity sensor 12; and in response to the propulsion command being received when the presence of the obstacle is being detected, restrict an actual output from the jet propulsion system to a restricted output associated with the presence of the obstacle. See figs 1-3, [0023-0067].
Method claim 1, Kato discloses the method comprising: when the watercraft 2 is parked, using a proximity sensor 12 of the watercraft to detect a presence of an obstacle in proximity to the watercraft; when the presence of the obstacle is being detected: receiving a propulsion command from an operator of the watercraft, the propulsion command being indicative of a commanded output from a powertrain of the watercraft; and when the commanded output is greater than a restricted output associated with the presence of the obstacle, restricting an actual output from the powertrain to the restricted output in response to the propulsion command. [0023-0067].
Method claims 2, 4-5 Kato discloses detecting that the watercraft is parked by detecting an absence of the propulsion command for a prescribed amount of time; detecting that the watercraft is parked by detecting a speed of the watercraft being equal to or below a prescribed speed and detecting that the watercraft is parked by detecting that the watercraft is stationary. [0069-0083] The limitations are inherent the onboard sensors detect the PWC is stationary and relay the information to the controller
Method claim 6, Kato discloses using the proximity sensor 12 to detect the presence of the obstacle includes using the proximity sensor to detect that the obstacle is located behind the watercraft 2; and the restricted output is associated with the presence of the obstacle being behind the watercraft. [0058]
Method claim 7, Kato discloses using the proximity sensor 12 to detect the presence of the obstacle includes using the proximity sensor to detect that the obstacle is located forward of the watercraft; and the restricted output is associated with the presence of the obstacle being forward of the watercraft. [0058]
Method claim 8, Kato discloses using the proximity sensor to detect the presence of the obstacle in proximity to the watercraft includes measuring a distance of the obstacle from the watercraft and determining that the distance is less than or equal to a prescribed distance. [0058, 0104-0105] Determining the distance is inherent via the controller.
Method claim 9, Kato discloses alerting the operator of the presence of the obstacle. Via sensor 12, and alerting system 76.
Method claim 10, Kato discloses communicating to the operator a position of the obstacle relative to the watercraft. [0057-0058]
Method claim 12, Kato discloses wherein restricting the actual output from the powertrain includes preventing propulsion of the watercraft [0104-0105]
Method claim 16, Kato discloses communicating to the operator how the actual output from the powertrain is being restricted. The engine is stopped by the controller from signals via sensors.
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) 3 and 11, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al.
Method claims 3 and 11, Kato discloses the aforementioned limitations of claim 1, he does not disclose the prescribed amount of time is between 30 seconds and 600 seconds or wherein the restricted output is between 0% and 50% of a maximum output power deliverable by the powertrain of the watercraft. It has been held that using an optimal range is of ordinary skill and 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 above said ranges of time and power percentage for the desired outcome in facilitating movement of the PWC [personal watercraft].
Method claim 15, Kato discloses the aforementioned limitations of claim 1, he does not explicitly disclose the propulsion command is a first propulsion command; the method includes, after restricting the actual output from the powertrain in response to the first propulsion command: ceasing to detect the presence of the obstacle using the proximity sensor; receiving a second propulsion command from the operator of the watercraft; and executing the second propulsion command without restricting the actual output from the powertrain to the restricted output. However, he discloses providing propulsion via the accelerator then the sensors detecting an obstacle and restricting/halting propulsion. It is obvious that upon clearing the obstacle the PWC would be restarting to continue operations. 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 execute the second propulsion command without restricting the actual output from the powertrain to the restricted output to keep the PWC moving toward its destination.
Allowable Subject Matter
Claims 13-14, 18-20 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
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/JOVON E HAYES/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615