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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/29/2026 has been entered.
Claim 1 is amended.
Claims 2-4 are previously canceled.
Claims 13 and 14 are new.
Claims 1 and 5-14 are remaining in the application.
The previously amended Drawings (Replacement Sheets) are accepted.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The newly claimed functional limitation “wherein the piston seals to the housing at all positions of the suspension mechanism between the stowed position and the deployed position” is not found in the Specification as is newly recited in the claims. Claim limitations should be consistent with features found in and described in the Specification. In addition, terminology and/or nomenclature should be consistent throughout the disclosure, which includes the Abstract, Specification and Claims. Appropriate correction is required.
Claim Rejections - 35 USC § 103
9. 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 1 and 5-14 are rejected under 35 U.S.C. 103 as being unpatentable over D1: JP 2014 221570 A (HIROSHI), cited by applicant.
Regarding claims 1, 13 (previously incorporated in claim 1) and 14 (also previously incorporated into claim 1), 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]. D1 does not explicitly disclose wherein the piston seals to the housing at all positions of the suspension mechanism between the stowed position and the deployed position. However, D1 discloses various other sealing arrangements are possible for the lift type propulsion device, including a lid or cover provided to seal a bottom part of the cylinder. Therefore, it would have been considered obvious to one of ordinary skill in the art to consider other sealing arrangements that would potentially seal the housing for all positions of the suspension mechanism between a stowed position and a deployed position as a matter of preference to facilitate effective and/or alternative sealing the housing as desired for improved utility and/or sealing of the device for the particular vessel and/or use intended, as would have been recognized by one of ordinary skill in the art. Regarding claims 2-12: the specific features of these claims are also disclosed in D1, as follows: For previous claim 2 previously canceled and incorporated into 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 previously canceled and incorporated into claim 1: see Figs. 3-5 and corresponding written description; reference sign [16] is an actuator. For previous claim 4 previously 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. In view of the foregoing, it would have been considered 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 as a matter of preference to facilitate effective and/or alternative sealing the housing as desired for improved utility and/or sealing of the device for the particular vessel and/or use intended 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.
Response to Arguments
Applicant's arguments filed pertaining to the claims have been fully considered but are essentially moot due to applicant’s amended claims and the resulting new and/or modified grounds of rejection presented in this Office Action. Nevertheless, applicant’s arguments and/or remarks are considered addressed in the body of the rejection presented in this Office Action.
Conclusion
12. 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, Marc Q Jimenez, who can be reached at phone number (571) 272-4530. 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).
13. 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 3615B
05/07/2026
Prosecution Insights