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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 41-49 and 51-53 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 41 (line 10), the limitation “a lower portion to which a hydrofoil and propulsion system” (emphasis added) renders the claim indefinite. It is not sufficiently clear if such propulsion system is same or different from the propulsion system set forth earlier on line 4 of the claim.
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.
Claims 41-44, 47 and 51-53 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scivally (US 3,052,204 A).
Scivally shows a strut assembly that is capable of being connected to a board of a watercraft, the strut assembly comprising: a strut [4] with upper and lower portions, and a propulsion system [1] mountable to the lower portion of the strut. Conductors extend from the first connector portion to the lower portion of the strut to electrically connect the first connector portion and the propulsion system.
It is noted that the claim does not positively recite a board. In the present case, the upper portion of the strut is capable of being mounted (therefore, mountable) to a board of a watercraft. A first connector portion [10] on the upper portion of the strut is pivotable relative to the strut, and is therefore considered to be pivotally attached to the upper portion of the strut. Further, the claim does not positively recite a second connector. In the present case, the first connector portion is considered capable of being connected, and therefore is connectable, to a second connector portion on the watercraft, as required on line 8 of claim 41. The claim also fails to positively recite a hydrofoil. In the present case, the lower portion of the strut is capable of mounting a hydrofoil.
Re claim 42, as noted above, the claim does not positively recite the second connector or a container. In the present case, the first connector portion is considered capable of being connected, and therefore is connectable, to the second connector portion mounted to a container of the watercraft housing a battery of the watercraft.
Re claim 43, the conductors extend within the strut from the upper portion to the lower portion.
Re claim 44, the term “plug” has been broadly interpreted to mean a protrusion. In the present case, although protrusion [31 or 33] atop the first connector portion is not an “electrical” plug, it is broadly considered to be a plug that is capable of being inserted (therefore, insertable) into a socket of the second connector portion (note: the claim does not positively recite the second connector portion).
Re claim 47, further to the explanation provided above for claim 44, the plug [31] atop the first connector portion has a tapered end portion that is capable of guiding the plug into a socket of a second connector portion.
Re clam 51, the strut includes an attachment flange at the upper portion of the strut, the first connector portion protruding above the attachment flange (see Fig 1 for the flange of wire 24 that attaches to the brush terminal 25).
Re claim 52, the member [40] acts as a stops to limit pivotal movement of the first connector portion (see Fig 2).
Re claim 53, the upper portion of the strut includes attachment pins [31 or 33] that can facilitate connection of the first connector portion to a second connector portion.
Allowable Subject Matter
Claims 30-36 and 38-40 are allowed.
Response to Arguments
Applicant’s arguments filed 5/19/2026 have been considered but they are moot in view of the new ground of rejection.
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 AJAY VASUDEVA whose telephone number is (571)272-6689. The examiner can normally be reached 6:00 am - 3:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached at 571-272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AJAY VASUDEVA/Primary Examiner, Art Unit 3615
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