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 .
Claims 1, 3-5, 8 and 10-13 are 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. In claim 1, there is no antecedent basis in the claim for “the watercraft” (line 4). The use of “preferably” (line 16) and “particularly preferred” (line 16) in claim 1 is indefinite. Further in claim 1, “45% and 55%” (line 15) and “50%” (line 16) are indefinite range within ranges. In claim 13, line 5, there is no antecedent basis for “the watercraft”. With respect to claim 3, line 4, claim 13, line 1, the use of “in particular” defines an indefinite range within a range. Further the language of claim 3, last 2 lines, claim 8, lines 2-3, lines, claim 12, lines 2-3, define indefinite alternate structure. In claims 5, 13, the use of “preferably” and “particularly preferred” and the range within a range language is indefinite. Claim 8 is further rejected for being dependent on canceled claim 6.
Applicant's arguments filed 1/29/26 have been fully considered but they are not persuasive. It is noted that Applicant has not provided any arguments against the 112 rejections so the 112 rejections are deemed to be proper.
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 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