QUAYLE 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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 18, Fig. 2.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show any valves particularly the first inflation valve and the second inflation valve, the bailing space, the claimed label locations, the sidewall of the floor cover plate, the bailing space, the bottom of the bailing space, the water retaining coaming specifically provided inside the boat side as described in the specification (and claimed in claim 1). Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
Additionally, the following elements appear to be in the figures but are not specifically labeled in the figures with an item number or identified in the specification with said item number. Examiner suggests specifically pointing out the following claimed elements to speed up claim interpretation and therefore prosecution in the future: an air chamber (disclosed as inside the boat’s side), a bilge space (for placing the bottom airbag), the bailing space defined as collectively enclosed with an upward opening by the bailing sidewall and the water retaining coaming (line 22 of claim 1).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
In accordance with 37 CFR 1.75(i), where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. See MPEP §608.01(m). Claim 1, specifically, is objected to for lack of a clear listing of the required elements and lack of clear and consistent indentations and punctuation representing clauses that attempt to further limit the required elements. It is suggested Applicant evaluate each of the claims for similar issues and amend the claims as is appropriate for clarity and consistency.
In an example below of independent claim 1, Examiner first grouped and listed a primary group of all elements required for the invention (i.e., a self-bailing boat as claimed in claim 1); this is followed by a first bulleted indentation representing clauses further limiting this primary group of elements; and next can be provided a second bulleted indentation of clauses further limiting elements introduced in the second bulleted indentation, if a second bulleted indentation is relevant or so desired. In the example, words and punctuation added are represented via underline; And words and punctuation removed are represented via the language in each of the claims; the example is provided to assist with this correction and to help quickly advance prosecution. While indentation and punctuation will improve clarity additionally, Examiner notes the claims are objected to because of the following specific informalities:
Claim 1, line 2 recites “an inflation adjustable pedal”, it is suggested the terminology be amended to clearly represent that a foot rest is being claimed.
Claim 1, line 7: it is suggested “configured to be” added to the limitation to clearly indicate that the self-bailing boat only requires a configuration in which the boat can be either inflated or deflated; Likewise, line 14 should read “the bottom airbag is configured to be inflated…” and line 25 reads “the inflation adjusted pedal… is allowed to be put down or taken out relative to the bailing space”, and it is suggested “configured to be” replace “allowed to be”. Other instances where suggested configured to language may be helpful may be present, it is suggested each claim be evaluated by Applicant for instances where only a configuration or intended use is required and the claims be amended to clearly reflect this.
There are several instances of “boat’s side”. It is suggested each is corrected to match the grammar of other claimed elements, e.g., “a boat side” similar to ‘a boat bottom’.
Are the following elements required by the claim? A bailing space (line 10); a bilge space (line 11); Clearly list them before using them to further limit the invention to avoid ambiguity.
Claim Interpretation: example only - amendments to claim 1, see Claim Objections
1. A self-bailing boat, comprising;
a boat side,
a boat bottom,
a bow,
a bottom airbag,
a hull,
an air chamber,
a bailing space comprising a bottom having a back end,
a bilge space,
a plurality of scuppers,
a plurality of inflation valves,
an inflation adjustable pedal comprising an upper surface and a lower surface,
a scupper shielding plate,
a floor cover plate comprising an edge, a sidewall, and a forward edge,
a waterproof airtight zipper, and
a water retaining coaming comprising a front surface, a top edge, a backward upper edge and a bottom end;[[,]]
wherein the boat bottom is connected to the boat side, and the boat side and the boat bottom form [[a hull]] the hull of the self-bailing boat;
wherein the boat side and the boat bottom are made of a waterproof airtight material, and theboat side comprises [[an air chamber]] the air chamber[[, ]];
wherein a first inflation valve of the plurality of inflation valves is provided on the air chamber, and the air chamber is configured to be inflated or deflated through the first inflation valve;
wherein [[a bottom airbag]] the bottom airbag is provided on the boat bottom, and the floor cover plate is located on the bottom airbag;
wherein [[an edge]] the edge of the floor cover plate is adjacent to [[a bow]] the bow and is connected to the water retaining coaming in [[a bailing space]] the bailing space,
wherein [[a side edge]] the side edge of the floor cover plate is integrally connected to the boat side[[, ]];
wherein [[a bilge space]] the bilge space is configured for placing the bottom airbag and is provided among the floor cover plate, the boat bottom and the boat side, and the bottom airbag is located in the bilge space;
wherein a second inflation valve of the plurality of inflation valves is provided on the bottom airbag, and the bottom airbag is configured to be inflated or deflated through the second inflation valve,
wherein the waterproof airtight zipper is provided on the floor cover plate, and the waterproof airtight zipper is openable relative to the floor cover plate so as to open or close the bilge space;
wherein the water retaining coaming is provided inside the boat side, and [[a bottom end]] the bottom end of the water retaining coaming is integrally connected to the boat bottom;
wherein [[a sidewall]]the sidewall of the floor cover plate is connected to the boat bottom and is labeled as a bailing sidewall;
wherein [[a top edge]] the top edge of the water retaining coaming is connected to the boat side, and [[a backward upper edge]] the backward upper edge of the water retaining coaming is connected to [[a forward edge]] the forward edge of the floor cover plate;
wherein the bailing sidewall and the water retaining coaming collectively enclose the bailing space with an upward opening;
wherein the boat bottom serves as [[a bottom]] the bottom of the bailing space, and the bottom of the bailing space is labeled as a bailing bottom wall;
wherein the inflation adjustable pedal is provided in the bailing space and is [[allowed]] configured to be put down or taken out relative to the bailing space[[, ]];
wherein [[a lower surface]] the lower surface of the inflation adjustable pedal cooperates with [[a front surface]] a front surface of the water retaining coaming, and an upper surface of the inflation adjustable pedal and an upper surface of the bottom airbag are respectively configured to support a leg and a hip of a user;
wherein along an advancement direction of the self-bailing boat, the bailing bottom wall in such a manner that a horizontal plane where a front end of the bailing bottom wall is located is located above a horizontal plane where a back end of the bailing bottom wall is located;
wherein along a vertical direction, [[a plurality of scuppers]] the plurality of scuppers are arranged on the bailing bottom wall (LAB) (i.e., the bottom of the bailing space);
wherein along the advancement direction of the self-bailing boat, the plurality of scuppers are located at a back end of the bailing bottom wall and
wherein the scupper shielding plate is provided at a side of the boat bottom away from the inflation adjustable pedal, and the scupper shielding plate is provided on the plurality of scuppers and configured to shield the plurality of scuppers to achieve unidirectional bailing.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 1 is rejected under 35 U.S.C. 112(a) as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Specifically, the office notes the embodiment 1 detailed in Fig. 1 and the embodiment detailed in Fig. 6 are not disclosed together/enabled together. Claims 2-18 do not cure the deficiency. Correction/clarification is required.
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.
Claims 1-18 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
The office notes the claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. This may not be an all-inclusive list. Applicant must evaluate each of the claims for similar issues and amend the claims as is appropriate for clarity and consistency.
Claim 1, line 11 recites “a bilge space for placing the bottom airbag is provided among the floor cover plate, the boat bottom and the boat’s side”. The limitation renders the claim indefinite for indefinite language, specifically “is provided among”. It is unclear if the bilge space is required by the claim and further what specific details the limitation is requiring. Likewise, line 15 of the claim renders the limitation indefinite because of the terminology “is provided on”; Likewise, line 17 of the claim renders the limitation indefinite because of the terminology “is provided inside”, further complicating the issue, no figure appears to depict this arrangement. Likewise lines 26-27 render the claim indefinite for the terminology “cooperates with”.
Claim 1, in lines 19 and 23, appear to claim labeling a sidewall of the floor cover plate connected to the boat bottom and the bottom of the bailing space. Each limitation renders the claim indefinite as it is unclear what exactly is meant by the limitation. Clarification is required, for example “includes a label thereon which denotes the term: BAILING SIDEWALL”. Additionally, it is unclear exactly what elements exactly are required to be “labeled” as the claimed elements do not appear to be specifically identified in the figures via an element identifier/number.
Claim 1, lines 21-22 recite the limitation “the bailing sidewall and the water retaining coaming collectively enclose the bailing space with an upward opening”. The limitation is indefinite as the enclosure appears to require a second bailing side wall or at least a second boat side to effectively collectively enclose the bailing space, where only one of either is currently claimed. Correction/clarification is required.
Claim 1, 3rd line from the bottom recites “the scupper shielding plate is provided at a side of the boat bottom away from the inflation adjustable pedal”. This is indefinite as the shielding plate appear to be provided adjacent to the inflation adjustable pedal (Fig. 1). Additionally, it is unclear exactly what is meant by “away from”.
Claims 2-18 fail to cure the deficiencies. Correction/clarification of each of the above is required.
Claim 1 and claim 6 each recite the term “bailing bottom wall”; five times in lines 29-34 or in the 9 lines from the bottom of claim 1; and once in claim 6. There is insufficient antecedent basis for this limitation in the claims because of the term “bailing bottom wall”. The element has not been positively claimed and appears to be referencing a label. The terms should be amended to read the actual element, e.g., the boat bottom of the self-bailing boat. Claims 2-5 and 7 -18 do not cure the deficiency. Correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 1 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). The office notes the claim positively recites elements of a human organism. Specifically, line 27 of claim 1 reads “…an upper surface of the inflation adjustable pedal and an upper surface of the bottom airbag respectively support a leg and a hip of a user”. Amending the claim to instead read “configured to support a leg and hip of user” will eliminate the 101 rejection.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2 and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Steed et al. (US 2024/0158050 A1), hereinafter Steed; Pieschel (US 11,572,138 B2); Stoll et al. (US 2023/0415861 A1), hereinafter Stoll; Zhu et al. (CN 210642823 U), herein after Zhu; and Guthrie (US 7,717,296).
Regarding claim 1, Steed discloses a self-bailing boat (100), comprising a boat's side (Fig. 1), a boat bottom (Fig. 1), an inflation adjustable pedal (footrest 114, Fig. 1), a scupper shielding plate (flow plate 250, Fig. 2), a floor cover plate (seat 116, Fig. 1), and a water retaining coaming (recessed portion 110, Fig. 1), wherein the boat bottom is connected to the boat's side (Fig. 1), and the boat's side and the boat bottom form a hull of the self-bailing boat (102);
the boat's side and the boat bottom are made of a waterproof airtight material (note the material making up hull is waterproof and airtight as is evidenced at least by the boat’s ability to effectively function as intended, i.e., float),
a bow (106), a bailing space (the office notes the spaces comprising self-draining scuppers), an edge of the floor cover plate is connected to the water retaining coaming in the bailing space (Fig. 1), a side edge of the floor cover plate is integrally connected to the boat's side (Fig. 1),
the water retaining coaming is provided inside the boat's side (110, Fig. 1), and a bottom end of the water retaining coaming is integrally connected to the boat bottom (110, Fig. 1); a sidewall of the floor cover plate [is] connected to the boat bottom (Fig. 1); a top edge of the water retaining coaming is connected to the boat's side (110, Fig. 1), and an upper edge of the water retaining coaming is connected to an edge of the floor cover plate the bailing sidewall [that is, a side wall of the floor cover plate connected to the boat bottom] and the water retaining coaming collectively enclose [a portion of] the bailing space with an upward opening (Fig. 1); and the boat bottom serves as a bottom of the bailing space (Fig. 1);
the inflation adjustable pedal is provided in the bailing space (114, Fig. 1); wherein the inflation adjustable pedal is allowed to be put down or taken out relative to the bailing space (the office notes the pedal is allowed to be put down or taken out relative the bailing space), and an upper surface of the inflation adjustable pedal and an upper surface of the floor cover plate Fig. 1);
along an advancement direction of the self-bailing boat, the bailing bottom wall is inclined, and a horizontal plane where a front end of the bailing bottom wall is located is located below a horizontal plane where a back end of the bailing bottom wall is located (Fig. 1);
a plurality of scuppers are arranged on the bailing bottom wall [that is the bottom of the boat](112, Fig. 1); and along the advancement direction of the self-bailing boat, [at least one of the] the plurality of scuppers are located at the back end of the bailing bottom wall (112, Fig. 1); and the scupper shielding plate is provided at a side of the boat bottom away from the inflation adjustable pedal (Fig. 1), and the scupper shielding plate is provided on the plurality of scuppers and configured to shield the plurality of scuppers to achieve unidirectional bailing (§[0033]).
1. Steed does not appear to specifically disclose:
(line 5-6) an air chamber comprised in the boat’s side;
(line 8-9) a bottom airbag provided on the boat bottom, wherein the floor cover plate is located on the bottom airbag, (line 26-28) so that the upper surface of the inflation adjustable pedal and an upper surface of the floor cover plate specifically the upper surface of the bottom airbag respectively support a leg and a hip of a user;
(line 1) a plurality of inflation valves, (line 6-7) wherein a first inflation valve of the plurality is provided on the air chamber, and the air chamber is inflated or deflated through the first inflation valve, and (line 12-14) wherein a second inflation valve of the plurality of inflation valves is provided on the bottom airbag, and the bottom airbag is inflated or deflated through the second inflation valve;
(line 11-12) a bilge space provided among the floor cover plate, the boat bottom and the boat’s side, wherein the bottom airbag is configured to be placed in the bilge space and the bottom airbag is therefore located in the bilge space among the floor cover plate, the boat bottom and the boat’s side;
(line 2) a waterproof airtight zipper, (line 14-16) wherein the waterproof airtight zipper is provided on the floor cover plate, and the waterproof airtight zipper is openable relative to the floor cover plate so as to open or close the bilge space;
(line 19) wherein the sidewall of the floor cover plate connected to the boat bottom is labeled as a bailing sidewall, and (line 23-24) the bottom of the bailing space is labeled as a bailing bottom wall;
and (line 26-27) wherein a lower surface of the inflation adjustable pedal cooperates specifically with a front surface of the water retaining coaming;
(line 9) wherein the edge of the floor cover plate connected to the water retaining coaming in the bailing space is specifically an edge of the floor cover plate adjacent to the bow;
(line 20-21) wherein the edge of the floor cover plate that is connected to the backward edge of the water retaining coaming is specifically a forward edge of the floor plate;
(line 30) wherein the incline of the bottom bailing wall is specifically inclined such that a horizontal plane where a front end of the bailing bottom wall is located is located above a horizontal plane where a back end of the bailing bottom wall is located;
(line 32) wherein the plurality of scuppers arranged on the bailing bottom wall/bottom of the boat are specifically arranged along a vertical direction, and (line 34) specifically at the back end of the bailing bottom wall.
2. However Pieschel teaches a watercraft with a side and a bottom comprising a body (4) in the same field of endeavor specifically comprising:
(line 5-6) an air chamber comprised in the watercraft’s side (note the chamber comprising air in the body of the watercraft in the inflated state);
(line 8-9) a bottom airbag provided on the watercraft bottom (compartment, Fig. 2; provided on the bottom of the watercraft in a void 14 as in Fig. 5 for example);
(line 1) an inflation valve (6);
(line 11-12) a bilge space configured to be provided among a floor, the bottom and the side (non-pressurized void 14, Fig. 8 and/or inside of compartment 21, Fig. 9), wherein the bottom airbag is configured to be placed in the bilge space and the bottom airbag is therefore located in the bilge space among the floor, the bottom and the side (as in Fig. 8); and
(line 2) a waterproof zipper (1), (line 14-16) wherein the waterproof zipper is configured to be provided on a floor (Fig. 1), and the waterproof zipper is openable relative to the floor so as to open or close the bilge space (Fig. 9).
3. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the self-bailing boat disclosed by Steed with the watercraft in the same field of endeavor specifically comprising: an air chamber, a bottom airbag, an inflation valve, a bilge space, wherein the bottom airbag is configured to be placed in the bilge space and the bottom airbag is therefore located in the bilge space; a waterproof zipper wherein the waterproof zipper is openable, as disclosed by Pieschel, with a reasonable expectation of success, so that the self-bailing boat comprises the inflation valve, the waterproof zipper, the air chamber, i.e., chamber comprising air in the body of the watercraft in the inflated state, wherein the inflation valve provided on the air chamber, and the air chamber is inflated or deflated through the first inflation valve; the bottom airbag, the bilge space for placing the bottom airbag (non-pressurized void 14) and therefore containing the bottom airbag.
4. The benefit being at least the ability to deflate a portion or portions of the boat to more easily store and transport it; and providing the boat with a designated dry area accessible via a waterproof zipper to safely store items and protect them from water damage during use of the boat.
5. Modified Steed discloses an inflation valve on an air chamber but does not appear to disclose a plurality of inflation valves. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a plurality of inflation valves, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. The benefit being the ability to provide multiple air chambers on the self-bailing boat with an inflation valve as taught.
6. Modified Steed does not appear to specifically disclose wherein a second inflation valve of the plurality of inflation valves is provided on the bottom airbag so that the bottom airbag is configured to be inflated or deflated through the second inflation valve. However, Stoll teaches a bottom airbag in a similar field of endeavor specifically with an inflation valve configured to inflate or deflate the bag (inflatable salvage bag 1 with valve 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the bottom airbag disclosed by modified Steed with the inflatable salvage bag with an inflation valve as taught by Stoll , with a reasonable expectation of success, so that the bottom airbag comprises a valve The benefit being the ability to deflate the bottom bag for proper placement or insertion and to inflate the bottom bag so that it can function as a pressurized air chamber thus providing at least the structural benefits of a pressurized air chamber (Stoll, §[0014] – §[0017]).
7. Modified Steed does not appear to disclose wherein the waterproof zipper is airtight. However, Zhu teaches a waterproof airtight zipper (Abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the waterproof zipper disclosed by modified Steed, with the waterproof airtight zipper as taught by Zhu, with a reasonable expectation of success, so that the zipper is made airtight as well as waterproof. The benefit being providing an airtight zipper, which not only can be used in low temperature and humid environments as waterproof, ensuring air tightness which at least prolongs the zippers life, and is practical and economical (Zhu, first lines of page 2, attached).
8. Modified Steed does not appear to specifically disclose labeling the sidewall of the floor cover plate connected to the boat bottom as a bailing sidewall, and (line 23-24) the bottom of the bailing space as a bailing bottom wall. However, Guthrie teaches labels and identification labeling in a similar field of endeavor (col. 2, ln. 55: A plurality of identification labels may be removably affixed thereto an external surface of said portable, flexible and transportable system). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the sidewall of the floor cover plate connected to the boat bottom and the bottom of the bailing space disclosed by modified Steed with the labels and/or labeling as taught by Guthrie, with a reasonable expectation of success, so that the sidewall of the floor cover plate connected to the boat bottom is labeled as a bailing sidewall, and the bottom of the bailing space is labeled as a bailing bottom wall. The benefit being displaying relevant information and the like for at least safety (Guthrie, claim 12).
9. Modified Steed does not appear to specifically disclose an arrangement wherein the floor cover plate is located on the bottom airbag; wherein the bilge space for placing the bottom airbag and is specifically provided among the floor cover plate, the boat bottom and the boat's side; wherein the waterproof airtight zipper is provided on the floor cover plate, and the waterproof airtight zipper is openable relative to the floor cover plate so as to open or close the bilge space; wherein a lower surface of the inflation adjustable pedal is arranged to cooperate specifically with a front surface of the water retaining coaming; wherein the edge of the floor cover plate connected to the water retaining coaming in the bailing space is arranged so that the edge is specifically an edge of the floor cover plate adjacent to the bow;
wherein the edge of the floor cover plate that is connected to the backward edge of the water retaining coaming is specifically a forward edge of the floor plate; wherein the incline of the bottom bailing wall is specifically inclined such that a horizontal plane where a front end of the bailing bottom wall is located is located above a horizontal plane where a back end of the bailing bottom wall is located; and wherein the plurality of scuppers arranged on the bailing bottom wall/bottom of the boat are specifically arranged along a vertical direction, and specifically at the back end of the bailing bottom wall.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arranged Steed as modified by Pieschel, Stoll, Zhu and Guthrie so that:
the floor cover plate is located on the bottom airbag; the bilge space for placing the bottom airbag is specifically provided among the floor cover plate, the boat bottom and the boat's side; the waterproof airtight zipper is provided on the floor cover plate, and the waterproof airtight zipper is openable relative to the floor cover plate so as to open or close the bilge space; a lower surface of the inflation adjustable pedal is arranged to cooperate specifically with a front surface of the water retaining coaming; the edge of the floor cover plate connected to the water retaining coaming in the bailing space is arranged so that the edge is specifically an edge of the floor cover plate adjacent to the bow; the edge of the floor cover plate that is connected to the backward edge of the water retaining coaming is specifically a forward edge of the floor plate; the incline of the bottom bailing wall is specifically inclined such that a horizontal plane where a front end of the bailing bottom wall is located is located above a horizontal plane where a back end of the bailing bottom wall is located; and the plurality of scuppers arranged on the bailing bottom wall/bottom of the boat are specifically arranged along a vertical direction, and specifically at the back end of the bailing bottom wall. with a reasonable expectation of success, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
The benefit being a compact arrangement of the pieces of a self-bailing boat that allows it to best function while also having an arrangement with the ability to:
deflate a portion or portions of the boat to more easily store and transport it; provide the boat with a designated dry area accessible via a waterproof zipper to safely store items and protect them from water damage during use of the boat; provide multiple air chambers on the self-bailing boat, each with an inflation valve as taught; to specifically deflate a bottom bag for proper placement or insertion and to specifically inflate the bottom bag to function as a pressurized air chamber thus providing at least the structural benefits of a pressurized air chamber; ensuring air tightness with the waterproof zipper that at least prolongs the zippers life, and display relevant information and the like on particular elements of the self-bailing boat for at least safety.
Regarding claim 2, modified Steed discloses the self-bailing boat according to claim 1, wherein the scupper shielding plate is made of a flexible material. (Steed, §[0035]).
Regarding claim 6, modified Steed discloses the self-bailing boat according to claim 1, wherein along the advancement direction of the self-bailing boat, the plurality of scuppers are located at a recessed place of the back end of the bailing bottom wall (Steed, Fig. 1).
Regarding claim 7, modified Steed discloses the self-bailing boat according to claim 1, wherein the plurality of scuppers comprise 3-5 scuppers (Fig. 1); and but does not appear to specifically disclose with the advancement direction of the self-bailing boat as a first direction, the 3-5 scuppers are uniformly distributed in a direction perpendicular to the first direction.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arranged, the 3-5 scuppers uniformly in a direction perpendicular to the advancement direction of the boat or in whatever way is deemed best for the drainage based on the intended use of the boat, with a reasonable expectation of success, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The benefit being providing optimal self-bailing for the particular design of boat.
Regarding claim 8, modified Steed discloses the self-bailing boat according to claim 1, wherein there are N bilge spaces and N bailing spaces, N being a natural number and N>1 (Steed, Fig. 1).
Regarding claim 9, modified Steed discloses the self-bailing boat according to claim 8, but does not appear to specifically disclose wherein there are two bottom airbags and two bailing spaces; and along the advancement direction of the self-bailing boat, the bailing space, the bilge space, the bailing space, and the bilge space are sequentially provided in the boat's side.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the self-bailing boat with two bottom airbags and two bailing spaces, with a reasonable expectation of success, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. The benefit being a boat of the desired size based on the intended use.
Modified Steed does not appear to specifically disclose the specific arrangement in which along the advancement direction of the self-bailing boat, the bailing space, the bilge space, the bailing space, and the bilge space are sequentially provided in the boat's side.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arranged the plurality of bailing spaces and the plurality of bilge spaces so that the bailing space, the bilge space, the bailing space, and the bilge space are sequentially provided in the boat's side, with a reasonable expectation of success, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The benefit being an ideal arrangement to function as intended depending on the number of each spaces included in the design per the inventor’s preference.
Allowable Subject Matter
Claims 3-5, and 10-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hoge, Jr. (US 9,637,201 B2), hereinafter Hoge teaches a boat comprising a boat's side (14, 16), a boat bottom (Examiner notes the bottom of the boat, Fig. 4), a plurality of inflation valves (18), a floor cover plate (Examiner notes the high pressure drop stitch material in floor 12 configured flat rigid shape or plate when inflated), wherein the boat bottom is connected to the boat's side (Fig. 4), and the boat's side and the boat bottom form a hull of the self-bailing boat (Fig. 1 and Fig. 4); the boat's side and the boat bottom are made of a waterproof airtight material (note the disclosed fabric making up the sides and bottom is waterproof and airtight as is evidenced at least by the bottoms ability to float and the sides ability to inflate and float), the boat's side comprises an air chamber (note the inflatable sides), a first inflation valve of the plurality of inflation valves is provided on the air chamber (18 on 14 and/or 16, Fig. 1), and the air chamber is inflated or deflated through the first inflation valve (18, Fig. 1);
a bottom airbag is provided on the boat bottom (inflatable floor 12) and the floor cover plate is located on the bottom airbag (the office again notes the high pressure drop stitch material on the top of floor 12); a bow (forward most part of the boat), a space for placing the bottom airbag is provided among the boat bottom and the boat's side, and the bottom airbag is located in the space; and a second inflation valve of the plurality of inflation valves is provided on the bottom airbag (18 on 12, Fig. 1), the bottom airbag is inflated or deflated through the second inflation valve (inflatable floor 12 with valve 18), a sidewall of the floor cover plate [is] connected to the boat bottom (col. 3, ln. 50: glued or welded). Hoge teaches a skeg, but does not appear to specifically disclose a skeg mounting groove.
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/S.D.G./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
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