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 .
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Song et al (US 2006/0057906). With respect to claim 1, Song et al disclose the claimed power steering device for an inflatable boat with a boat body 100, an underwater propeller 16 fixed on one side of a bottom surface of the boat body, a rudder 44 arranged on the other side of the bottom surface of the boat body, a swinging handle 43 provided on a top surface of the boat body, a swinging joint 42 fixed at one end to the swinging handle, the swinging joint and swinging handle connected via a mechanism, a mounting hole (at bearing tube 41) passing through the boat body with the swinging joint and the rudder 44 mounted to two openings of the mounting hole with the rudder being fixed to the swinging joint so as to rotate synchronously. With respect to claim 6, note Song et al, Figure 1.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song et al (US 2006/0057906) in view of Wang (US 6332735). With respect to claim 5, Song et al does not disclose a groove. Wang teaches a steering tube with a groove 1D. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Song et al with a groove as taught by Wang with a high likelihood of success for ease of installation and reduced labor costs. The combination combines known features to achieve predictable results.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song et al (US 2006/0057906) in view of Lurkis (US D320922). With respect to claim 7, Song et al does not specifically disclose an anti-slip handle pattern but appears to show as much in Figure 1. However, Lurkis clearly teaches an anti-slip pattern on a handle. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Song et al with an anti-slip pattern for the handle as taught by Lurkis with a high likelihood of success for improved steering especially in wet conditions. The combination combines known features to achieve predictable results.
Claim 5 is further rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. There is no antecedent basis in the claims for “said mounting groove” (line 2).
Claims 2-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Carini (US 2003/0084759) shows an anti-slip pattern on a handle. Thomas (US 3913159) shows a steering system. Vigo (US 2323261) shows a water cycle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN AVILA whose telephone number is (571)272-6678. The examiner can normally be reached Mon-Thu 6-4.
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STEPHEN AVILA
Primary Examiner
Art Unit 3617
/STEPHEN P AVILA/Primary Examiner, Art Unit 3615