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 .
An amendment was filed by applicant on 01/15/2026.
Claims 1, 5 and 7 are amended.
Claims 2-4 are canceled.
Claims 1 and 5-12 are remaining in the application.
The amended Drawings (Replacement Sheets) are accepted, unless otherwise noted.
Drawings
7. No marked-up copies of the amended drawing figures were provided to show with markings what has been changed from the previously filed version of the drawings as required.
8. In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Claim Objections
Claim 1 is objected to because of the following informality:
On line 23 of claim 1, “the opposite side” should be replaced with -an opposite side-.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
10. 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 and 5-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D1: JP 2014 221570 A (HIROSHI), cited by applicant. D1 discloses a propulsion drive assembly [3] for a marine vessel [1], said propulsion drive assembly [3] comprising: a propeller drive unit [7, 17-23] for carrying and driving at least one propeller [19], a housing [5, 6] for connection to a hull [4] of the marine vessel [1] on an inside (see Figs. 1-5) of the hull [4] such that the housing [5, 6] surrounds a first opening (see Fig. 4: opening in the hull) of the hull [4] and seals to the hull [4], wherein the housing [5, 6] defines an inner space [5, 6] and wherein the housing [5, 6] is provided with a second opening (see Fig. 4: opening in the housing) through which the at least a portion of the propeller drive unit [7, 17-23] is movable into (see Fig. 4) and out (see Fig. 3) of the inner space [5, 6] through the first opening (see Fig. 4), a suspension mechanism (16) attached to (via the hull (4)) the housing (5 and 6) and configured to suspend the propeller drive unit [7, 17-23], wherein the suspension mechanism [16] is movable along a first longitudinal axis (see Figs. 1-5)) of the housing [5, 6] between a stowed position (Fig. 4), in which the propeller drive unit [7, 17-23] is positioned inside the inner space of the housing [5, 6], and a deployed position (see Fig. 3) in which at least a portion of the propeller drive unit [7, 17-23] protrudes outside the housing [5, 6] through the first opening (see Fig. 3), and a gas supply device [10] configured to supply gas into the inner space [6] of the housing [6], said gas supply device [10] comprising a gas pump or a controllable valve (see Figs. 3-5, including [25]) connectable to a source of pressurized gas [24]. Regarding claims 2-12: the additional features of these claims are also disclosed in D1: For previous claim 2 now canceled and incorporated into amended claim 1: see Figs. 1-5, wherein the suspension mechanism [16] comprises a piston [7] guided within the housing [6] for movement along the first longitudinal axis (see Figs. 1-5), wherein the propeller drive unit [7, 17-23] is attached to the piston [7], wherein the piston [7] seals (airtight room [6]) to the housing [6] thereby separating the inner space [5, 6] into a first space [6] adjacent the second opening (see Figs. 1-5), and a second space [5] on the opposite side of the piston [7], and wherein the gas supply device [10] is configured to provide said gas supply into the first space [6] (see written description § 24). For previous claim 3 now canceled and incorporated into claim 1: see Figs. 3-5 and corresponding written description; reference sign [16] is an actuator. For previous claim 4 now canceled and incorporated into claim 1: see Figs. 3-5: the first end portion of the housing [6] and second end portion of the housing [5], the actuator assembly [16] comprising an actuator (implicit) and a drive mechanism (implicit), being attached to the housing [5] (via the hull [4]) and to the piston at [7b]. For claim 5: the actuator assembly [16] is considered a linear guide being attached to the piston [7] configured to guide the piston [7] relative to the second end portion of the housing [6] for movement along said first longitudinal axis. For claim 6: see §§ 24 and 25 of the written description. For claim 7: see Figs. 1-5 and corresponding written description describing the lower unit is rotatable about a longitudinal axis. For claim 8: see Figs. 5 and corresponding written description describing the base unit [23] being fixed to the piston in the second space [5]. For claim 9: see Figs. 1-5 and corresponding written description describing such arrangement. For claim 10: see Fig. 4 and corresponding written description describing such arrangement. For claim 11: see Figs. 1-5 and corresponding written description describing such arrangement. For claim 12: see Figs. 1 and 2 and corresponding written description.
Response to Arguments
Applicant's arguments filed pertaining to the claims have been fully considered but they are not persuasive for the following reasons. Applicant states that claim 1 has been amended to recite that the suspension mechanism is attached to the housing and not to the hull; however, such recitation cannot be found in the claim. Applicant has not claimed any direct attachment of one part to another and all parts are interconnected and therefore attached to one another at least indirectly. Applicant has not claimed that the drive mechanism is directly attached to the second end portion or top of the housing and to the piston; such a recitation would differentiate over the prior art. Therefore, the prior art rejection is considered valid and is not withdrawn.
Conclusion
12. THIS ACTION IS MADE FINAL. 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.
13. 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).
14. 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
02/02/2026