Prosecution Insights
Last updated: April 19, 2026
Application No. 18/425,156

WATERCRAFT WITH ADJUSTABLE CENTER OF GRAVITY

Non-Final OA §102§103
Filed
Jan 29, 2024
Examiner
BURGESS, MARC R
Art Unit
3615
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Arc Boat Company
OA Round
1 (Non-Final)
34%
Grant Probability
At Risk
1-2
OA Rounds
3y 4m
To Grant
56%
With Interview

Examiner Intelligence

Grants only 34% of cases
34%
Career Allow Rate
164 granted / 477 resolved
-17.6% vs TC avg
Strong +21% interview lift
Without
With
+21.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
69 currently pending
Career history
546
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
48.8%
+8.8% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
25.7%
-14.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 477 resolved cases

Office Action

§102 §103
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 . Drawings The drawings are objected to because they are not proper black and white line drawings. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first axis parallel to the second axis (claim 16) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-10, 12-16 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kelly US 12,479,543. Regarding claim 1, Kelly discloses a watercraft 110 comprising: a hull; an electric drive (1)34, 1182; a battery (1)22, (1)24 electrically coupled to the electric drive; and an actuation assembly (1)12 coupled to the battery; wherein the battery is movable with respect to the hull by the actuation assembly between a first position and a second position (abstract). [AltContent: textbox (Figure 1- Kelly Figure 3)] PNG media_image1.png 500 252 media_image1.png Greyscale Regarding claim 2, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly also discloses that moving the battery between the first position and the second position adjusts a center of gravity of the watercraft (column 11, lines 31-34). Regarding claim 3, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly also discloses that the battery 122, 124 is movable with respect to the electric drive 1182. Regarding claim 4, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly also discloses that the battery 122, 124 is movable with respect to the hull by the actuation assembly 112 to a plurality of intermediate positions between the first position and the second position. Regarding claim 5, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly also discloses that the battery 122, 124 moves between the first position and the second position along a translation axis 116, 118. Regarding claim 6, Kelly discloses the invention as claimed as detailed above with respect to claim 5. Kelly also discloses that the translation axis 116 is parallel to a center bow-stern axis of the watercraft. Regarding claim 7, Kelly discloses the invention as claimed as detailed above with respect to claim 5. Kelly also discloses that the translation axis 118 is transverse to a center bow-stern axis of the watercraft. Regarding claim 8, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly also discloses that the actuation assembly 112 includes a carriage coupled to the battery, a pinion driven by an actuator, and a rack with a plurality of teeth configured to engage the pinion, wherein the carriage is configured to slide along the rack (column 8, lines 21-24). Note that while this configuration is not shown in detail, any rack and pinion system to move a component will comprise a rack, pinion, and carriage. Regarding claim 9, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly also discloses a lock assembly 948a, 950a, 952, 954 configured to lock the position of the battery 122, 124 with respect to the hull. In this case, Kelly discloses that a threaded rod and lead nut actuation system will “have a high helix angle in order to prevent movement of the battery pack 922 when electrical power is not applied to the servo motors 956, 958” (column 7, lines 11-14), serving as a lock. Regarding claim 10, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly also discloses an electrical cable 136, 138 extending between the battery 122, 124 and the electric drive 134, 1128, and wherein the electrical cable has a length that is sufficient to permit travel of the battery between the first position and the second position (column 5, lines 47-55). Regarding claim 12, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly also discloses that the battery (1)22 is a first battery, and the watercraft further includes a second battery (1)24 electrically coupled to the electric drive (1)34, 1128. Regarding claim 13, Kelly discloses the invention as claimed as detailed above with respect to claim 12. Kelly also discloses that the second battery (1)24 is movable with respect to the hull by the actuation assembly between a third position and a fourth position. Regarding claim 14, Kelly discloses the invention as claimed as detailed above with respect to claim 13. Kelly also discloses that the first battery (1)22 moves between the first position and the second position along a first translation axis (1)16, and the second battery (1)24 moves between the third position and the fourth position along a second translation axis (1)18. [AltContent: textbox (Figure 2- Kelly Figure 1)] PNG media_image2.png 400 207 media_image2.png Greyscale Regarding claim 15, Kelly discloses the invention as claimed as detailed above with respect to claim 14. Kelly also discloses that the first translation axis 116 is orthogonal to the second translation axis 118 (see Kelly figure 3). Regarding claim 16, Kelly discloses the invention as claimed as detailed above with respect to claim 14. Kelly also discloses that the first translation axis 16 is parallel to the second translation axis 18 (see Kelly figure 1). Regarding claim 20, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly also discloses that the actuation assembly 112 is configured to move the battery 122, 124 at a first speed and at a second speed, wherein the second speed is larger than the first speed. Note that the actuation assembly could be commanded to move at several different speeds. 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. Claims 8, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kelly US 12,479,543 in view of Min KR 2012-0112891. Regarding claim 8, Kelly discloses the invention as claimed as detailed above with respect to claim 1. In an alternate interpretation, Kelly does not explicitly teach that the actuation assembly includes a carriage coupled to the battery, a pinion driven by an actuator, and a rack with a plurality of teeth configured to engage the pinion, wherein the carriage is configured to slide along the rack. Min teaches a ship with a mass 122a movable to balance the ship, wherein an actuation assembly includes a carriage 122 coupled to the mass, a pinion 1242 driven by an actuator, and a rack 121 with a plurality of teeth 1211 configured to engage the pinion, wherein the carriage is configured to slide along the rack. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the balancing system of Kelly with a rack and pinion actuation assembly as taught by Min in order to ensure the weight/batteries can be moved as desired while preventing unintended movement or slipping. PNG media_image3.png 188 510 media_image3.png Greyscale Figure 3- Min Figures 1 and 2 Regarding claim 18, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly does not teach a sensor that detects the position of the battery. Min teaches a ship with a mass 122a movable to balance the ship, wherein an actuation assembly includes a sensor 123 that detects the position of the battery. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the balancing system of Kelly with a weight/battery position sensor as taught by Min in order to automate more precise control of the battery position. Regarding claim 19, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly also teaches that the system is controlled based on a sensed position of the watercraft (column 10, lines 7-17), but does not teach that the controller configured to energize the actuation assembly in response to a detected position of the battery by the sensor. Min teaches a controller 130 configured to energize the actuation assembly 120 in response to a detected position of the weight 122a by the sensor 123 and a position of the watercraft in water (provided by sensor 110) [0031]. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the balancing system of Kelly to control the battery movement with both a ship condition sensor and a weight/battery position sensor as taught by Min in order to automate more precise control of the battery position. Claims 11 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kelly US 12,479,543 in view of Takeda US 2024/0101240. Regarding claim 11, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly does not teach a coolant line extending between the battery and the electric drive. Takeda teaches a ship propulsion device 1 which comprises a coolant line 30 extending between a battery 12 and an electric drive 16. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the watercraft of Kelly with a coolant line between the drive and battery as taught by Takeda in order to efficiently transport cooling water from beneath the hull to the batteries and ensure proper operating temperature. As modified, coolant would have a length that is sufficient to permit travel of the battery between the first position and the second position. Regarding claim 17, Kelly discloses the invention as claimed as detailed above with respect to claim 1. Kelly is silent as to the nature of the battery and motor components. Takeda teaches a ship propulsion device 1 which comprises an electric motor 16 and an inverter 14, and wherein the battery 12 includes a housing and a plurality of battery cells 22 positioned within the housing 2/24. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the watercraft of Kelly with multiple battery cells and an inverter as taught by Takeda in order to provide redundancy and/or increased capacity and the ability to use an AC motor. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kelly US 12,479,543 in view of Samkwon KR 2020-0061936. Regarding claim 20, Kelly discloses the invention as claimed as detailed above with respect to claim 1. In an alternate interpretation, Kelly does not teach that the actuation assembly is configured to move the battery at a first speed and at a second speed, wherein the second speed is larger than the first speed. Samkwon teaches a ship with a battery 20 movable to balance the ship, wherein the actuation assembly is configured to move the battery at a first speed and at a second speed, wherein the second speed is larger than the first speed (“moves it quickly or slowly in response to the wave cycle” [0137]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the balancing system of Kelly with the ability to operate at different speeds as taught by Samkwon in order to allow dynamic, real-time adjustment. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mitchell US 2017/0015397 teaches an electric marine drive with multiple battery cells, an inverter and active cooling. Dollar US 9,150,291 teaches a dynamic moving weight boat balancing system. de Troz US 9,038,554 teaches a two-axis movable ballast weight. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc Burgess whose telephone number is (571)272-9385. The examiner can normally be reached M-F 08:30-15:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached at 517 272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MARC BURGESS/Primary Patent Examiner, Art Unit 3615
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Prosecution Timeline

Jan 29, 2024
Application Filed
Feb 19, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
34%
Grant Probability
56%
With Interview (+21.1%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 477 resolved cases by this examiner. Grant probability derived from career allow rate.

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