DETAILED ACTION
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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 6, 8, 9, 12, 13, 14, 16, 17, 18 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Thompson (US 3289226).
For claim 1, Thompson discloses a watercraft (see figs. and description) comprising:
a deck (1) defining a longitudinal center plane;
a hull (2, 3, and runner 8) supporting the deck, the hull including at least two pontoons (2, 3) connected to the deck (see figs.);
a mounting bracket (see fig. 2, bracket connection 6 to 8) mounted to a rear surface (7) of a part of the hull (Col. 1, lines 62-65);
a propulsion unit (6) mounted to the part of the hull by the mounting bracket (Col. 1, lines 62-65);
a front surface of the propulsion unit being longitudinally spaced from the rear surface of the part of the hull (see fig. 1); and the part of the hull comprising
a deflector extending longitudinally rearward from the rear surface along at least part of lateral sides of the mounting bracket (see figs. at least the portion of the side walls 9 extending around the mounting bracket in fig. 2 will deflect water).
For claim 2, Thompson further discloses wherein the deflector is integral with the part of the hull (integral to 8)
For claim 6, Thompson further discloses wherein the deflector includes upper left and right segments (upper parts of 9) at least part of each one of the upper left and right segments extending longitudinally rearward and laterally outward from the part of the hull (see figs.) and each one of the upper left and right segments includes an angled section (10) configured to deflect water flowing over the angled section as the watercraft moves forward laterally outward and vertically downward (structure of 9 and 10 will function in this manner).
For claim 8, Thompson further discloses a lowermost point of the propulsion unit is disposed vertically below a lowermost point of the part of the hull (see fig. 1); and the deflector defines a lower gap, such that the deflector has a left deflector portion and a right deflector portion, the lower gap being configured to receive at least part of the propulsion unit therein (gap where 13 is, see fig. 2 for propulsion unit received therein).
For claim 9, Thompson further discloses wherein the part of the hull is a pod disposed laterally between the two pontoons (pod 8).
For claim 12, Thompson further discloses wherein an internal combustion engine of the propulsion unit is disposed at least partially below a waterline of the watercraft when the watercraft is at rest (see figs).
For claim 13, Thompson discloses a hull for a watercraft (2, 3, and 8) comprising:
a rear surface (7) configured to be mounted to a mounting bracket of a propulsion unit (6, see fig. 2);
and a deflector (see figs. at least the portion of the side walls 9 extending around the mounting bracket in fig. 2 will deflect water) extending longitudinally rearward from the rear surface (see figs.), the deflector being shaped and sized to extend along at least part of lateral sides of the mounting bracket (see fig. 2), and configured to deflect water laterally outward from the rear surface (see figs.).
For claim 14, Thompson further discloses wherein the deflector is integral with the rear surface (integral to 8).
For claim 16, Thompson further discloses wherein the deflector includes upper left and right segments (upper parts of 9) at least part of each one of the upper left and right segments extending longitudinally rearward and laterally outward from the part of the hull (see figs.) and each one of the upper left and right segments includes an angled section (10) configured to deflect water flowing over the angled section as the watercraft moves forward laterally outward and vertically downward (structure of 9 and 10 will function in this manner).
For claim 17, Thompson further discloses wherein the deflector defines a lower gap, such that the deflector has a left deflector portion and a right deflector portion, the lower gap being sized to receive at least part of a propulsion unit therein (gap where 13 is).
For claim 18, Thompson further discloses further comprising a pod disposed centrally along a width the hull, the pod having the rear surface (8).
Claim(s) 13, 17 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Calamia et al. (US 8834216, hereafter referred to as Calamia).
For claim 13, Calamia discloses a hull for a watercraft (18, abstract and figs.) comprising:
a rear surface (16) configured to be mounted to a mounting bracket of a propulsion unit (14 of propulsion unit 12);
and a deflector (100) extending longitudinally rearward from the rear surface (fig. 2-3), the deflector being shaped and sized to extend along at least part of lateral sides of the mounting bracket (see figs. 2-3), and configured to deflect water laterally outward from the rear surface (description and figs.).
For claim 17, Calamia further discloses wherein the deflector defines a lower gap, such that the deflector has a left deflector portion and a right deflector portion, the lower gap being sized to receive at least part of a propulsion unit therein (see gap in fig. 6).
Claim(s) 13, 14, 15, 17, 19 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Hatfield (US 5191848).
For claim 13, Hatfield discloses a hull (17, 18) for a watercraft (see figs.) comprising:
a rear surface (26) configured to be mounted by mounting bracket of a propulsion unit (28); and
a deflector extending longitudinally rearward from the rear surface, the deflector being shaped and sized to extend along at least part of lateral sides of the mounting bracket (see fig. 1, sides of 26 which are concave around 28) and configured to deflect water laterally outward from the rear surface (the concave shape of 26 will deflect water in this manner).
For claim 14, Hatfield further discloses wherein the deflector is integral with the rear surface (see figs.).
For claim 15, Hatfield wherein the deflector is shaped to extend vertically upward beyond a top of the mounting bracket of the propulsion unit (see fig. 1).
For claim 17, Hatfield further discloses wherein the deflector defines a lower gap, such that the deflector has a left deflector portion and a right deflector portion, the lower gap being sized to receive at least part of a propulsion unit therein (gap defined by the concavity of 26).
For claim 19, Hatfield further discloses the rear surface is a first rear surface; the mounting bracket of the propulsion units a first mounting bracket of a first propulsion unit; and the deflector is a first deflector, and the hull further comprises: a first pontoon having the first rear surface and the first deflector; and a second pontoon comprising: a second rear surface configured to connect to a second mounting bracket of a second propulsion unit; and a second deflector extending longitudinally rearward from the second rear surface, the second deflector being shaped and sized to extend along at least part of lateral sides of the second mounting bracket (see fig. 1, note the mounting bracket is not positively required by claim 13).
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) 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson.
For claims 3-4, Thompson is silent about
wherein the deflector extends longitudinally rearward beyond the mounting bracket.
wherein the deflector extends vertically beyond a top of the mounting bracket.
It would have been an obvious to one having ordinary skill in the art at the time the invention was filed to make the deflector extend rearwardly beyond and vertically beyond the mounting bracket, in order to fully protect the mounting bracket, of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
For claim 5, modified Thompson further teaches upper left and right panels (10), the left and right panels being connected to at least one of: the deflector and the part of the hull (connected to 9).
For claim 7, Thompson is silent about wherein the deflector includes lower left and right segments, each one of the lower left and right segments generally following an arcuate profile of the part of the hull.
It would have been an obvious to one having ordinary skill in the art at the time the invention was filed to make the deflector lower panels arcuate, in order to improve flow characteristics of the boat, or of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Hartfield in view of Schnell-Tomaczak et al. (US 6477969, hereafter referred to as Schnell).
For claim 20, Hartfield is silent about three pontoons being laterally spaced from one another, a central pontoon of the three pontoons having the rear surface.
Schnell teaches a pontoon boat (abstract and figs.) comprising three pontoons, the central pontoon having a motor associated therewith (see figs. central pontoon 34).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the boat of Hartfield have a central pontoon and to mount the motor thereto, as taught by the central pontoon and motor arrangement of Schnell, in order to provide central buoyancy to the boat and power the boat centrally.
Allowable Subject Matter
Claims 10, 11 allowed.
Response to Arguments
Applicant’s arguments, see pages 1-3, filed 02/16/2026 with respect to Schnell have been fully considered and are persuasive. The rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Thompson.
Applicant's arguments filed 02/16/2026 with respect to Hastings have been fully considered but they are not persuasive.
Applicant argued that Hastings fails to teach a deflector configured to deflect water laterally outward from the rear surface and that hulls 17 and 18 have a uniform shape and are not configured to deflect water.
This is not found persuasive because hulls 17 and 18 each have a stern portion 26, see Col 3, lines 45-50, “Each hull is identical and the combined stern portion 26 of each hull and associated strut has a concave contour and provides structural support for pivotally mounting an outboard motor 28.” Furthermore, Hastings further states Col. 3, lines 63-65, “The concave stern sections 26 are constructed by adding fairing structure at the aft end of each hull and strut or stilt.” A fairing is a type of deflector. The concavity of the fairing 26 will stream flow of fluid around it (including water) and is accordingly configured for such deflection. The concave surface 26 has sufficient structure to perform the function as claimed.
Conclusion
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 MAGDALENA TOPOLSKI whose telephone number is (571)270-3568. The examiner can normally be reached M-F 9-5.
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/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642