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 .
Election/Restrictions
Applicant's election with traverse of Invention I and Species B in the reply filed on 1/14/2026 is acknowledged. The traversal is on the ground(s) that the identified claim groups have considerable overlapping subject matter; and the apparatus and method have overlapping search efforts. This is not found persuasive because (1) the process for using the product as claimed can be practiced with another materially different product, or (2) the product as claimed can be used in a materially different process of using that product. See MPEP § 806.05(h); and there is a serious search and/or examination burden for the patentably distinct inventions as each invention is classified within its respective classification therefore requiring separate searches. Further, keywords are specifically tailored for each grouping of claims. The inventions require separate keyword searches.
The requirement is still deemed proper and is therefore made FINAL.
The requirement for election of a sub-species (2-4) is withdrawn as claims 1-4 and 10-13 appear to be generic to all of the sub-species, as previously indicated in the 11/26/2025 requirement.
Claim 13 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to non-elected invention II, there being no allowable generic or linking claim; and claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to non-elected species B, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/4/2026.
Claims 10-12 are at issue here within.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Teixeira (FR 2879524 A1).
Regarding claim 10, Teixeira discloses a cable steering and actuation assembly (Fig. 1) comprising:
a steering input device (shift lever 1);
a first cable operatively coupled to the steering input device (control cable 4);
a second cable operatively coupled to the steering input device (control cable 5);
a first toothed rack operatively coupled to the first cable (rack 8);
a second toothed rack operatively coupled to the second cable (rack 9);
a gear in toothed mesh contact with the first toothed rack and the second toothed rack (gear 11); and
an output connector assembly operatively coupled to the second rack (gearbox, not shown, pg. 2 of attachment, line 22),
wherein a steering input by the steering input device in a first direction results in the first cable being in tension to translate the first toothed rack and adjust the position of the output connector assembly, wherein a steering input by the steering input device in a second direction results in the second cable being in tension to translate the second toothed rack and adjust the position of the output connector assembly (Examiner notes the claimed configuration is detailed in the attachment, see page, last 14 lines of the page).
Regarding claim 12, Teixeira discloses the cable steering and actuation assembly of claim 10, wherein the gear is a pinion (page 2, line 10 from the bottom).
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Teixeira as applied to claim 10 and further, in view of Gonring (US 10,640,190 B1).
Regarding claim 11, Teixeira discloses the cable steering and actuation assembly of claim 10, but does not appear to specifically disclose an outboard motor of a marine vessel, the outboard motor operatively coupled to the output connector assembly.
However, Gonring teaches a system and method for controlling course of a marine vessel comprising an outboard motor (col. 3, ln. 21).
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 cable steering and actuation assembly disclosed by Teixeira with the outboard motor of a marine vessel as taught by Goring, with a reasonable expectation of success, so that the cable steering and actuation assembly comprises an outboard motor of a marine vessel, the outboard motor operatively coupled to the output connector assembly. The benefit being the predicted outcome of incorporating the reliable means of reversing into the marine vessel comprising an outboard motor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Merten (US 5,427,555) teaches a power steering system for a marine vehicle having an operator actuable steering helm and a propulsion unit, including a steering arm, to effect steering movement thereof about a steering axis including an input driven gear including an input driving gear operably connected to an input rack and pinion, which operably engages the actuating means.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANNA DANIELLE GLOVER whose telephone number is (571)272-8861. The examiner can normally be reached Monday - Friday 7:00 -4:30, see teams for updates.
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/Shanna Danielle Glover/Examiner, Art Unit 3642