DETAILED ACTION
This is the First Office Action on the Merits and is directed towards claims 1-20 as originally presented and filed on 01/18/2024.
Notice of Pre-AIA or AIA Status
Priority is claimed as set forth below, accordingly the earliest effective filing date is 01/20/2023 (20230120).
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
This application claims priority to Swedish Patent Application No. 2351437-5 filed on 12/15/2023 (20231215) which claims priority to European Patent Application No. 23152670.8 filed on 01/20/2023 (20230120).
Information Disclosure Statement
As required by M.P.E.P. 609 [R-07.2022], Applicant's 01/18/2024, 07/24/2024 and 09/18/2024 submission(s) of Information Disclosure Statement (IDS)(s) is/are acknowledged by the Examiner and the reference(s) cited therein has/have been considered in the examination of the claim(s) now pending. A copy of the submitted IDS(s) initialed and dated by the Examiner is/are attached to the instant Office action.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). 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. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
(m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities: the specification is missing section b above, i.e. (b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
Appropriate correction is required.
The disclosure is objected to because of the following informalities:
The abbreviation “IMU” (Inertial Measurement Unit) must be spelled out the first time it is used.
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Claim Objections
Claim 7 is objected to because of the following informalities: the abbreviation IMU must be spelled out he first time it is used. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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, 4, 6, 8-11 and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20100030411 A1 to Wilson; Jim et al. (Wilson, cited in the 09/18/2024 IDS) in view of US 20210394877 A1 to KADOTA; Ritsu et al. (Kadota).
Regarding claim 1 Wilson teaches in for example the Figure(s) reproduced immediately below:
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and associated descriptive texts a marine vessel comprising a hull (as shown in the Figures above transom 122 connotes a portion of a hull of the marine vessel shown in Fig. 1 and explained in for example only paras:
“[0026] Referring to the figures, there is shown a marine vessel control system 14 that includes at least one primary propulsory mechanism 16 that provides a thrust vector 18. The at least one primary propulsory mechanism 16 is movably attached to the vessel. Various structures may be utilized to movably attach the primary propulsion mechanism to the vessel, as will be described in more detail below. An actuating system 20 is coupled to the at least one primary marine propulsory mechanism 16 manipulating the orientation of the thrust vector 18. At least one servo control 22 is linked with the actuating system 20. At least one attitude sensor 24 provides a signal that indicates the attitude of the vessel. A central control computer 26 is operably coupled to the actuating system 20, the servo control 22 and the attitude sensor 24. The central control computer 26 controls the actuation of the at least one primary marine propulsory mechanism's thrust vector 18 in response to the signal from the attitude sensor 24. The attitude, stability and motion damping in at least one of the pitch, roll and yaw axes of the vessel is controlled.“)),
a control unit (connotes core controller 26 in Fig. 2 as explained in for example para:
“[0033] Referring to FIGS. 4C, 6, 7 and 9, there are shown various embodiments of hydrodynamic effectors 60, 210 and 310 including tabs and interceptors. In FIGS. 4C, 6 and 7, tabs 60, 210 are shown on a vessel including dual outboard propulsion mechanisms 16. The hydrodynamic effectors 60, 210 may be hydrofoils, planing devices and/or interceptors. The tabs 60 may be coupled to the actuators 29. The tabs/interceptors 60, 310 may be coupled to the central control computer 26 as described above. The tabs 60, 210 may be, differentially articulated to control and damp roll and/or pitch of the vessel. The central control computer 26 may determine when to actuate the hydrodynamic effector 60 and the primary propulsion mechanism 16 to maintain a desired user defined vessel operating attitude or characteristic response.”),
a hydrofoiling arrangement (as explained in for example para:
“[0025] Someone skilled in the art understands, a hydrofoil, planing device and/or interceptor produces control forces based on a speed-squared relationship and are therefore much more effective at higher speeds than lower speeds. For example, a trim tab produces 4 times the amount of force at 20 knots than it does at 10 knots.),
and a motion sensor system (connotes attitude sensor 24 in Fig. 2 as explained in for example para:
“[0053] In operation, the marine vessel control system 14 may include any of the primary propulsory mechanisms 16 described above that provide a thrust vector 18 and are movably attached to the vessel Additionally, actuators such as, outdrives, sterndrives, Arneson drives and water jet drives may also be utilized. A user inputs the desired control parameters into the input device 30 that is coupled with the central control computer 26. The attitude sensor 24 provides a signal indicating the attitude of the vessel in any of the pitch, roll and yaw axes of the vessel. The central control computer 26 provides a signal to the servo control 22 linked with the actuating system 20 that is coupled with the primary propulsory mechanism 16 or vessel hydrodynamic effector 60. The primary propulsion mechanism's thrust vector 18 and the position of the hydrodynamic effector 60 are controlled such that the attitude, stability and motion damping in any of the pitch, roll and yaw axes of the vessel are controlled in response to the input from the user. In one aspect, the primary propulsion thrust vector may be dynamically adjusted about the pitch axis in both a negative and positive pitch trim about the axis. Additionally, the primary propulsion thrust vector may be dynamically adjusted about the yaw axis. In a further aspect, the vessel may include a plurality of primary marine propulsion mechanisms that may be differentially and dynamically independently adjusted to control the vessel attitude, stability and motion damping as described above.”),
where the motion sensor system is arranged to determine at least a current heave of the hull relative to the water surface,
where the control unit is arranged to control the hydrofoiling arrangement to reduce a difference between the current heave of the hull and a desired heave of the hull (as explained in the paragraphs cited above as well as claim:
“1. A marine vessel control system comprising: at least one primary marine propulsory mechanism providing a thrust vector and being movably attached to the vessel; an actuating system coupled to the at least one primary marine propulsory mechanism manipulating the orientation of the thrust vector; at least one servo control; at least one attitude sensor providing a signal indicating the attitude of the vessel; and a central control computer operatively coupled to the actuating system, the servo control and the attitude sensor and controlling the actuation of at least one primary marine propulsory mechanism's thrust vector in response to the signal from the attitude sensor indicating the attitude of the vessel wherein attitude, stability and motion damping in at least one of the pitch, roll and yaw axes of the vessel are controlled.
9. The marine vessel control system of claim 1 including a vessel hydrodynamic effector linked with the vessel control system.
10. The marine vessel control system of claim 9 wherein the hydrodynamic effector is selected from the group consisting of: hydrofoils, planing devices, and interceptors and combinations of the preceding.”).
Wilson does not appear to expressly disclose where the motion sensor system comprises a radar transceiver control unit and at least one radar transceiver arranged to transmit a radar signal in a boresight direction pointing at the sea surface,
where the radar transceiver control unit is arranged to determine at least a current heave of the hull relative to the water surface based on radar backscatter from the sea surface.
In analogous art Kadota teaches in for example, the figures below:
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And associated descriptive texts a motion sensor system comprises a radar transceiver control unit and at least one radar transceiver arranged to transmit a radar signal in a boresight direction pointing at the sea surface (as shown in the Figures above as explained in for example paras:
“[0036] The way to obtain the wave height information 23 is not limited to that using the stereo camera 14. For example, as illustrated in FIG. 6A, the wave height information 23 may be obtained with a millimeter wave radar 24 mounted on the marine vessel 10, e.g., the bow, and the BCU 17 causes the millimeter wave radar 24 to irradiate a millimeter wave 25 toward the water surface ahead of the marine vessel 10, obtain the reflected wave from the water surface, and generate a water surface reflection map. The BCU 17 may obtain the wave height information 23 by using laser imaging detection and ranging (LIDAR) instead of the millimeter wave radar 24 to obtain the reflected light from the water surface ahead of the marine vessel 10 and then generating a water surface reflection map. Alternatively, the BCU 17 may use the gyroscope and accelerometer of the marine vessel 10 to obtain time series data (FIG. 6B) of the position change of the hull 11 in the height direction (Z direction), and estimate the wave height information 23 using a Kalman filter and spectrum decomposition from the time series data.”),
where the radar transceiver control unit is arranged to determine at least a current heave of the hull relative to the water surface based on radar backscatter from the sea surface (as shown in the figures above and explained in for example paras:
“[0040] When the shape and movement of waves are predicted or estimated, for example, in rainy weather or at night, the reliability of the image captured by the stereo camera 14 and the reliability of the reflected wave from the water surface obtained by the millimeter wave radar 24 decrease, and as a result, the reliability of the shape and movement of the wave predicted or estimated using the Kalman filter from the wave height information 23 also decreases. In such a case, the BCU 17 may predict or estimate the shape and movement of waves in the vicinity of the hull 11 by statistically analyzing the time series data of the posture change of the hull 11 obtained by the gyroscope or accelerometer of the marine vessel 10.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the motion sensor system disclosed in Kadota with the motion sensor system taught in Wilson with a reasonable expectation of success because it would have “reduce damage to hulls and improve the comfort of the crew.” as taught by Kadota Para(s):
“[0006] Preferred embodiments of the present invention provide hull behavior control systems and marine vessels that are each able to reduce damage to hulls and improve the comfort of the crew.”.
Regarding claim 4 and the limitation the marine vessel according to claim 1 it is considered that the combination of Wilson and Kadota teach in claim 1 above a radar, where the at least one radar transceiver is arranged to transmit the radar signal in a boresight direction pointing at the sea surface at a non-zero angle relative to a normal of the sea surface (see the teachings of Kadota Fig. 6A),
where the radar transceiver control unit is arranged to determine a speed of the hull relative to the water surface based on radar backscatter from the sea surface (see Wilson para [0028]),
and to control the foiling arrangement based on the speed of the hull (see Wilson para:
“[0028] The central control computer 26 may include a gain setting that may be controlled by an operator or may be automatically adjusted by the central control computer 26 as a speed of the vessel changes. In one aspect the central control computer may link the gain settings relative to the vessel's speed which is detected by a speed sensor 33. For example, at lower speeds the central control computer 26 may increase the gain setting to provide greater control as forces produced by hydrodynamic effectors 31 are speed dependent, increasing with speed as a function of velocity-squared. Thus higher gain settings at low speeds may compensate for lower forces produced by the hydrodynamic effectors 31. As the vessel speed increases and the force input from the hydrodynamic effectors increase, gain settings may be decreased by the central control computer 26. Vessel speed information may be provided by GPS, Doppler, paddle wheel, or other speed sensing devices.”).
Regarding claim 6 and the limitation the marine vessel according to claim 1, comprising at least one radar transceiver arranged to transmit a respective radar signal in a boresight direction pointing at the sea surface,
where the control unit is arranged to estimate a pitch motion and/or a roll motion of the hull based on the determined distance to the sea surface (see the rejection of corresponding parts of claim 1 above incorporated herein by reference.).
Regarding claim 8 and the limitation the marine vessel according to claim 1, comprising a propulsion system with a first drive unit and a second drive unit separated by a longitudinal midship line of the hull (see Wilson para [0027], Fig. 2),
where each drive unit is arranged to generate thrust in a controllable thrust elevation angle and in a controllable thrust azimuth angle (see Wilson para [0027], “…The depicted actuating system in FIG. 2 includes two separate actuators 27, 28 for each of the pitch, and yaw axes for two primary marine propulsory mechanisms 16...”),
where the control unit is arranged to estimate a pitch motion and a roll motion of the hull based on input from the motion sensor system (see Wilson para [0026], “…A central control computer 26 is operably coupled to the actuating system 20, the servo control 22 and the attitude sensor 24. The central control computer 26 controls the actuation of the at least one primary marine propulsory mechanism's thrust vector 18 in response to the signal from the attitude sensor 24. The attitude, stability and motion damping in at least one of the pitch, roll and yaw axes of the vessel is controlled….”),
and where the control unit is arranged to suppress pitch motion and roll motion by the hull by separately controlling the thrust elevation angles and the thrust azimuth angles of the first and second drive units (see Wilson para [0026], Fig. 2, “…An actuating system 20 is coupled to the at least one primary marine propulsory mechanism 16 manipulating the orientation of the thrust vector 18. At least one servo control 22 is linked with the actuating system 20. At least one attitude sensor 24 provides a signal that indicates the attitude of the vessel...”).
Regarding claim 9 and the limitation the marine vessel according to claim 8, where the hull has a center of gravity, where the pitch motion and the roll motion of the hull is defined in relation to the center of gravity (see the teachings of Kadota para:
“[0041] Next, the BCU 17 determines whether or not the wave with the tag 28a has approached the hull 11 and reached a predetermined position (step S109), and if the wave has not reached the predetermined position, the BCU 17 repeats step S109. If the wave with the tag 28a has reached the predetermined position, the BCU 17 generates a trigger signal and obtains the wave height and the wave trough height (depth of the wave bottom) from the shape of the wave estimated based on the trigger signal (step S110). At this time, it is preferable that the BCU 17 performs curve fitting on points ahead or behind the wave crest to approximate the water surface shape in the vicinity of the wave crest with the tag 28a, and obtains the wave height from the curve. The predetermined position may be, for example, a position separated by a predetermined distance from the center of gravity of the hull 11, and is a position where at least the hull 11 does not ride the wave with the tag 28a.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the motion sensor system disclosed in Kadota with the motion sensor system taught in Wilson with a reasonable expectation of success because it would have “reduce damage to hulls and improve the comfort of the crew.” as taught by Kadota Para(s):
“[0006] Preferred embodiments of the present invention provide hull behavior control systems and marine vessels that are each able to reduce damage to hulls and improve the comfort of the crew.”.
Regarding claim 10 and the limitation the marine vessel according to claim 8, where the first drive unit and the second drive unit are mounted on a transom of the hull separate from the hydrofoiling arrangement (see Wilson Fig. 4C above).
Regarding claim 11 and the limitation the marine vessel according to claim 8, where the first drive unit and the second drive unit are mounted on a bottom of the hull (see Wilson Figures. 4A-C above).
Regarding claim 13 and the limitation the marine vessel according to claim 8, where the first drive unit and the second drive unit comprise respective trim actuators,
where each trim actuator is arranged to control thrust elevation angle of its drive unit independently of the thrust elevation angle of the other drive unit, in response to a control signal from the control unit (see Wilson Figures 4A-C above and associated descriptive texts including for example para:
“[0042] The marine drive system 510 is positive-pitch and negative-pitch articulated by a pitch actuator 590, such as an electro-hydraulic control activated hydraulic cylinder 592; however, the pitch actuator may be any suitable mechanism capable of pivoting the drive assembly 530. The electro-hydraulic control activated hydraulic cylinders 592 responds to precise positioning instructions received from the central control computer 26. The pitch control hydraulic cylinders 592 may include either mechanical or electrical pumps that can be used to generate and sustain the hydraulic pressure necessary for articulating the drive assembly 530. In the case of a single-actuator pitch control configuration, the ideal mounting position for the pitch control hydraulic cylinder 592 is forward of the drive assembly 30 toward the vessel's bow at approximately a 45-degree angle relative to the drive assembly 530 when the drive assembly 530 is neutral, in a static, zero-pitch position, referenced against zero-degrees at the top of the drive assembly 530, or its 12 o'clock position. This position of the hydraulic cylinder 592 will permit rapid vertical adjustment of the thrust vector angle with sufficient "under-trim" (also referred to as "in-trim" or "down-trim") without possibly interfering or limiting the drive's "up-trim" (also referred to as "out-trim") travel which in the case of a surface-piercing mode can be a very aggressive pitch angle depending on the drive assembly's 530 specific design and pivot point. Forward mounting the pitch control hydraulic cylinder 592 also gives naval architects the freedom to leave the transom open, notched or tunneled aft of the drive's hull-cavity 525. The open transom will allow for higher performance vessel designs where a configuration of the drive assembly 530 is optimized for a surface piercing mode.”).
Regarding claim 14 and the limitation the marine vessel according to claim 13, where the trim actuators comprise hydraulic actuators (see Wilson para:
“[0030] Referring to FIGS. 2 and 3, there are shown diagrams detailing one embodiment of an actuating system 20 that is coupled to the primary marine propulsory mechanism 16 and to hydrodynamic effectors 31. In the depicted embodiment, a hydraulic actuating system is shown. It should be realized that various other actuating mechanisms including electric actuators as well as pneumatic actuators may also be utilized.”).
Regarding claim 15 and the limitation the marine vessel according to claim 13, where the trim actuators comprise electric machines (see Wilson para:
“[0030] Referring to FIGS. 2 and 3, there are shown diagrams detailing one embodiment of an actuating system 20 that is coupled to the primary marine propulsory mechanism 16 and to hydrodynamic effectors 31. In the depicted embodiment, a hydraulic actuating system is shown. It should be realized that various other actuating mechanisms including electric actuators as well as pneumatic actuators may also be utilized.”).
Regarding claim 16 and the limitation the marine vessel according to claim 13, where the control unit is arranged to suppress a roll motion by the hull by controlling the thrust elevation angles of the drive units in different directions to induce a counter roll motion by the hull(see Wilson para:
“[[0032] Referring to FIGS. 4-6 and 8 the primary propulsion mechanism 16 may include outboard motors 116. A four-bar-linkage support bracket 117 may be provided to permit rapid adjustment of the thrust vector angle and to permit sufficient adjustment of the trim. While a four bar linkage is shown, it should be realized that other alternative mechanisms may be utilized. The bracket may include the support arms 118 extending from a transom plate 119 and an engine mounting plate 120 pivotally mounted to the support arms 118. The transom plate 119 may be mounted to the transom 122 and the actuator 28 may extend from a lower portion of the support arms 118 to the arms 121 attached to the mounting plate 120. The actuator 28 may be any suitable actuator including the hydraulic actuator described above or may be electrical or pneumatic. In one aspect, the actuator 28 may be capable of thrust vector angle changes in the magnitude of 40 degrees per second or greater. The outboard motor 116 may be mounted to the mounting plate 120. The length of the arms 117, 118, 121 may be selected such that the outboard motor 116 may be moved towards the transom a sufficient distance to permit the thrust vector created by the propeller shaft angle to provide for sufficient adjustment of the trim. The outboard motors 116 may be differentially moved to provide stability and motion damping of the vessel in at least one of the pitch, roll and yaw axes. Various primary propulsion mechanisms such as adjustable props and water jets as depicted in FIGS. 4B, 4C and 7 may be differentially controlled to provide thrust vectors for providing stability and motion damping of the vessel in at least one of the pitch, roll and yaw axes will be described in more detail below.
Regarding claim 17 and the limitation the marine vessel according to claim 13, where the control unit is arranged to suppress a pitch motion by the hull by controlling the thrust elevation angles of the drive units in the same direction to induce a counter pitch motion by the hull (see for example only Wilson para:
“[0033] Referring to FIGS. 4C, 6, 7 and 9, there are shown various embodiments of hydrodynamic effectors 60, 210 and 310 including tabs and interceptors. In FIGS. 4C, 6 and 7, tabs 60, 210 are shown on a vessel including dual outboard propulsion mechanisms 16. The hydrodynamic effectors 60, 210 may be hydrofoils, planing devices and/or interceptors. The tabs 60 may be coupled to the actuators 29. The tabs/interceptors 60, 310 may be coupled to the central control computer 26 as described above. The tabs 60, 210 may be, differentially articulated to control and damp roll and/or pitch of the vessel. The central control computer 26 may determine when to actuate the hydrodynamic effector 60 and the primary propulsion mechanism 16 to maintain a desired user defined vessel operating attitude or characteristic response.”).
Regarding claim 18 the combination of Wilson and Kadota teach in the motivation to combine and the rejection of corresponding parts of claim 1 above incorporated herein by reference the limitations A computer-implemented method (Wilson clearly teaches a computer 26 in para [0027] as well as software in for example para:
“[0021] Dynamic and dynamically may be defined as the immediate action that takes place at the moment they are needed. Immediate, in this application, means that the control action occurs in a manner that is responsive to the extent that it prevents or mitigates vessel motions and attitudes before they would otherwise occur in the uncontrolled situation. Someone skilled in the art understands the relationship between sensed motion parameters and required effector response in terms of the maximum overall delay that can exist while still achieving the control objectives. Dynamic may be used in describing interactive hardware and software systems involving differing forces and may be characterized by continuous change and/or activity. Dynamic may also be used when describing the interaction between a vessel and the environment. As stated above, marine vessels may be subject to various dynamic forces generated by its propulsion system as well as the environment in which it operates.”),
for controlling a foiling operation by a marine vessel,
the marine vessel comprising a hull,
a control unit,
a hydrofoiling arrangement,
and a motion sensor system,
where the motion sensor system comprises a radar transceiver control unit
and at least one radar transceiver arranged to transmit a radar signal in a boresight direction pointing at the sea surface,
the method comprising:
determining a current heave of the hull relative to the water surface, by the radar transceiver control unit, based on radar backscatter from the sea surface,
and controlling the hydrofoiling arrangement, by the control unit, to reduce a difference between the current heave of the hull and a desired heave of the hull.
Regarding claim 19 and the limitation A computer program product comprising program code for performing, when executed by processing circuitry of the control unit, the method of claim 18 (connotes the software used to run computer 26 in Wilson for example para [0021]).
Regarding claim 20 and the limitation A non-transitory computer-readable storage medium comprising instructions, which when executed by the processing circuitry, cause the processing circuitry to perform the method of claim 18 (connotes the software used to run computer 26 in Wilson for example para [0021]).
Claims 2, 3 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20100030411 A1 to Wilson; Jim et al. (Wilson cited in the 09/18/2024 IDS) in view of US 20210394877 A1 to KADOTA; Ritsu et al. (Kadota) as applied to the claims above and incorporated herein by reference in view of US 20050109258 A1 to Smith, Timothy D.
Regarding claim 2 the combination of Wilson and Kadota do not appear to expressly disclose the limitations, where the foiling system comprises a front hydrofoil arrangement and a rear hydrofoil arrangement,
where the control unit is arranged to control the heave of the hull based on control of the front hydrofoil arrangement.
In analogous art Smith teaches in for example, the figures below:
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And associated descriptive texts where the foiling system comprises a front hydrofoil arrangement and a rear hydrofoil arrangement (as shown in the figures above, i.e. Hydrofoils 8 as explained in for example para:
“[0017] It is virtually impossible to achieve these performance figures with a conventional hull form. Hydrofoils (8) are generally constructed that may achieve the above performance figures. A vertical sculling hydrofoil boat (16) described with respect to FIG. 3, meets this performance criterion by utilizing a high aspect ratio main hydrofoil (17) and a small canard foil (18) to lift the buoyant hull (7) out of the water at high speeds to reduce drag, and by utilizing a vertical sculling drive system (19) to oscillate the main foil (17) for both propulsion and braking, and thereby eliminate the appendage drag of separate hydrodynamic propulsion (13) and controllable hydrodynamic regenerative braking (14) devices.”),
where the control unit is arranged to control the heave of the hull based on control of the front hydrofoil arrangement (see para:
“[0047] A small canard foil may be attached on a pivot at the bottom of a strut at the front of the boat. The canard foil pivots in response to immersion due to the effect of pivoting foil and ski assembly in the front of the boat provides passive pitch and active yaw control (FIG. 6). This system has been proven to work on other small, high efficiency hydrofoils. Increasing the immersion of the Canard/Ski assembly while at speed causes the ski to produce more lift, which in turn causes the assembly to pitch up, increasing the angle of attack of the canard foil and increasing the lift. Likewise, decreasing the immersion of the canard/ski assembly at speed causes the assembly to pitch down and reduce the lift.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the hydrofoil and controls disclosed in Smith with the control surfaces taught in the combination of Wilson and Kadota with a reasonable expectation of success because it would have “provided the benefit of regenerative surfing” as taught by Smith Para(s):
“[0005] Regenerative surfing, or utilizing a controllable regenerative braking system to regulate speed while surfing, is claimed as unique and a new art. A novel vertical sculling hydrofoil boat, utilizing a vertical sculling drive system for both propulsion and regenerative braking, ballast tanks to tune the speed at which the maximum lift to drag ratio appears, and an automated surfing control system, is one embodiment for a regenerative surfing boat.”.
Regarding claim 3 and the limitation the marine vessel according to claim 2, where the control unit is arranged to control pitch and/or roll of the hull based on control of the rear hydrofoil arrangement (see the rejection of corresponding parts of claim 2 above incorporated herein by reference wherein it would have been obvious to control the rear hydrofoil as taught by both Wilson and Smith).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the hydrofoil and controls disclosed in Smith with the control surfaces taught in the combination of Wilson and Kadota with a reasonable expectation of success because it would have “provided the benefit of regenerative surfing” as taught by Smith Para(s):
“[0005] Regenerative surfing, or utilizing a controllable regenerative braking system to regulate speed while surfing, is claimed as unique and a new art. A novel vertical sculling hydrofoil boat, utilizing a vertical sculling drive system for both propulsion and regenerative braking, ballast tanks to tune the speed at which the maximum lift to drag ratio appears, and an automated surfing control system, is one embodiment for a regenerative surfing boat.”.
Regarding claim 12 and the limitation the marine vessel according to claim 11, where the first drive unit and the second drive unit are integrated with the hydrofoiling arrangement (see Smith Fig. 1 above “integrated hydrodynamic propulsion and regenerative braking device 15” as explained in for example only para:
“[0033] In one embodiment, a vertical sculling hydrofoil boat (16) with a high aspect ratio main foil (17) operated by a vertical sculling drive system (19) that serves as an integrated hydrodynamic propulsion and regenerative braking device (15) (FIG. 2). The main foil may be located just aft of the boat center of gravity, and carries nearly all weight of the boat during foil borne operation, which enables the use of an unusually small auxiliary canard foil (18) for excellent drag characteristics at surfing speeds.“).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the hydrofoil and controls disclosed in Smith with the control surfaces taught in the combination of Wilson and Kadota with a reasonable expectation of success because it would have “provided the benefit of regenerative surfing” as taught by Smith Para(s):
“[0005] Regenerative surfing, or utilizing a controllable regenerative braking system to regulate speed while surfing, is claimed as unique and a new art. A novel vertical sculling hydrofoil boat, utilizing a vertical sculling drive system for both propulsion and regenerative braking, ballast tanks to tune the speed at which the maximum lift to drag ratio appears, and an automated surfing control system, is one embodiment for a regenerative surfing boat.”.
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20100030411 A1 to Wilson; Jim et al. (Wilson cited in the 09/18/2024 IDS) in view of US 20210394877 A1 to KADOTA; Ritsu et al. (Kadota) as applied to the claims above and incorporated herein by reference in view of DE102018112052A1 to Buck.
Regarding claim 5 and the limitation the marine vessel according to claim 1, the combination of Wilson and Kadota does not appear to expressly disclose the limitations further comprising a plurality of radar transceivers arranged to transmit respective radar signals in respective boresight directions pointing at the sea surface,
where the radar transceiver control unit is arranged to determine the speed of the hull relative to the water surface in at least two directions based on radar backscatter from the sea surface.
Although Wilson does teach using doppler radar to determine speed.
In analogous art Buck teaches in for example, the figures below:
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And associated descriptive texts a plurality of radar transceivers arranged to transmit respective radar signals in respective boresight directions pointing at the sea surface,
where the radar transceiver control unit is arranged to determine the speed of the hull relative to the water surface in at least two directions based on radar backscatter from the sea surface (as explained in for example the following citations:
“As in 5 It may also be advantageous, not just a distance sensor 60 but several distance sensors 60 provide, for example, can cover a near and far range. By covering a larger area of space, the amplitudes and the shape of the incoming waves can be determined and the regulation of the angles of attack of the wings 25 . 35 be fine tuned.
As distance sensors 60 In particular, ultrasonic and / or radar sensors come into consideration. As water level sensors 80 In particular, capacitive sensors are suitable.
The distance sensor 60 or the distance sensors 60 do not necessarily have to be placed at the bow of the vessel. All positions at which the water surface ahead of the vehicle can be detected are suitable, in particular an arrangement on a mast of the vehicle is possible. In particular, independent holders for the sensors can be provided.“).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the multiple sensor disclosed in Buck with the sensor taught in the combination of Wilson and Kadota with a reasonable expectation of success because it would have “have been advantageous” as taught by Buck:
“As in 5 It may also be advantageous, not just a distance sensor 60 but several distance sensors 60 provide, for example, can cover a near and far range.”.
Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20100030411 A1 to Wilson; Jim et al. (Wilson cited in the 09/18/2024 IDS) in view of US 20210394877 A1 to KADOTA; Ritsu et al. (Kadota) as applied to the claims above and incorporated herein by reference in view of JP-H0848288-A to Nakayama.
Regarding claim 7 and the limitation the marine vessel according to claim 1, where a radar transceiver control unit is arranged to determine a speed and/or acceleration of the hull relative to the sea surface based on one or more radar signals (see at least the teachings of Wilson para [0028] “…vessel speed may be provided by…Doppler, paddle wheel, or other speed sensing devices…” and Kadota),
…where the control unit is arranged to determine an Euler angle of the hull (in Wilson para [0027] “Various attitude reference sensors 24 that measure the rate changes and angles of the attitude of the vessel may be utilized.” Wherein it is understood that a signal indicating the attitude of the vessel connotes determining the Euler angle).
The combination of Wilson and Kadota does not appear to expressly disclose where an IMU is arranged to determine an acceleration of the hull in an inertial reference frame,
where the control unit is arranged to determine an Euler angle of the hull based on the speed and/or acceleration of the hull based on the speed and/or acceleration of the hull relative to the sea surface and on the acceleration of the hull in the inertial reference frame.
In analogous art Nakayama teaches in for example, the figures below:
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And associated descriptive texts where an IMU is arranged to determine an acceleration of the hull in an inertial reference frame (in Fig. 1 above as explained in for example the flowing citation:
“The gyro sensor 34 is installed at a substantially central portion of the hull 1 and outputs pitching and rolling signals of the hull. The acceleration sensor 35 is arranged at the bow portion and outputs a vertical acceleration signal of the bow. The altitude sensor 36 is also located at the bow and outputs a height signal obtained by measuring the height h to the water surface. Then, the wave radar 33 detects the traveling direction of the wave, that is, whether the wave is an oncoming wave or a follow wave with respect to the own ship, and measures its speed.”),
…based on the speed and/or acceleration of the hull relative to the sea surface and on the acceleration of the hull in the inertial reference frame (as explained in the following citation:
“The present embodiment is configured as described above, and while measuring the direction and speed of the wave with the wave radar and obtaining the wave height with the acceleration sensor, the altitude sensor, etc., satisfying the condition that the bow is not exposed in the air. In order to reduce fluctuations such as pitching of the hull, calculations are performed to optimally control the fin attack angle, and based on this result, the fin mounting