DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
A preliminary amendment was filed by applicant on 08/11/2023.
Claims 1-10 are amended.
Claims 1-10 are remaining in the application.
Claim Rejections - 35 USC § 112
5. The following is a quotation of 35 U.S.C. 112(b):
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.
6. Claims 1-10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor, regards as the invention.
7. The claimed features “the boat”, “the sea surface”, “the opposite”, “the transverse direction”, “said each ends” and “the number of sliding parts”, “the longitudinal direction”, “the parking area”, “the cylinder” and “the second opposite” lack sufficient antecedent basis (where recited in independent claim 1 and/or subsequent dependent claims without proper antecedent).
Claim Rejections - 35 USC § 102
8. 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.
As best understood by the examiner, claims 1, 4 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D1: KR 101880730 B1 (CJD), cited by applicant. Regarding claims 1 and 10, D1 discloses a davit arrangement for launching and storing one or more boats or cargo devices (b) which comprises a carrier construction [112] slidingly connected to a rail construction [111], the rail construction is adapted to be fixedly attached to a roof or other overhanging construction (see e.g. Fig. 1), a davit arm [113] arranged slidingly connected to the carrier construction, the davit arm is adapted to move between a launching position where the davit arrangement is adapted to hoist the boat or cargo device to or from the sea surface (not shown in the drawing figures), and an intermediate position where the boat is retracted into a position within the carrier construction (with the davit arm is retracted) of the davit arrangement, a cylinder arrangement [200, 300] connected to the carrier construction at a point (see para. [0061]) and connected to the rail construction at an end (pin assembly not shown, see para. [0060]), said cylinder arrangement is adapted to move the carrier construction between the intermediate position and a storage position where the boat or cargo device is adapted to be stored, the davit arm and cylinder arrangement are each adapted to extend in laterally opposed directions (the second-stage cylinder 300 can be driven out while the first-stage cylinder 200 remains retracted). For claim 4, see Fig. 6 and corresponding written description. The recited method steps of claim 10 are considered inherent in the function and/or use of such a device.
Claim Rejections - 35 USC § 103
10. 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.
As best understood by the examiner, claims 2, 3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over D1: KR 101880730 B1 (CJD), cited by applicant, in view of D3: JP 2006 281887 A (KSM), also cited by applicant. D1 discloses all claimed features as indicated previously, except the specific features of claims 2, 3 and 5-7. However, D3 discloses such features; see D3: Figs. 1-4 and corresponding written description. Providing such features would improve upon the functionality/versatility of the device, as would have been recognized by one of ordinary skill in the art. Therefore, it would have been considered obvious 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 provide such features for the claimed arrangement to facilitate improved functionality/versatility of the device as desired with a reasonable expectation of success, as would have been recognized by one of ordinary skill in the art. The rejection combines known features to achieve expected results; no unknown features or unexpected results are achieved for the claimed subject matter.
Allowable Subject Matter
As best understood by the examiner, claims 8 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
13. The prior art cited and not relied upon is considered pertinent to applicant’s disclosure.
The prior art references cited by examiner disclose various shipboard boat davit arrangements.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL V VENNE whose telephone number is (571) 272-7947. The examiner can normally be reached between M-F, 7am-3:30pm Flex. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel J. Morano can be reached on (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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
15. If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (USA OR CANADA) or 571-272-1000.
/Daniel V Venne/
Senior Examiner, Art Unit 3615
11/25/2025