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 .
An amendment was filed by the applicant on May 20, 2026.
Claim 4 has been cancelled.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 5-8 and 20-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Harbin (US 8,925,475).
Harbin discloses the same adjustable height cabin or cockpit for a marine vessel as claimed, as shown in Figures 1A-10, which is comprised of a marine vessel, defined as Part #10, with a hull, defined as Part #12, a lower deck, defined as Part #16, a floating cabin, defined as Part #14, with an upper deck, defined as Part #21, and a plurality of telescopic support legs or columns, each defined as Part #70, which extend and retract, and are each disposed with one end that is operatively connected to said lower deck, and another end that is operatively connected to said upper deck, as shown in Figure 7. Said upper deck includes a helm station or controller, defined as Part #11, and seats, which are not shown, for crew members and passengers, first and second side rails, and a front rail, as shown in Figure 7. Said upper deck is movable from a first position in which said upper deck is at a first height above said lower deck, and a second position in which said upper deck is at a second height above said lower deck, as indicated in Figures 1A-B. Each of said telescopic support legs or columns is further comprised of a fixed section, a movable section and a pneumatic actuator, as described in lines 7-13 of column 8, and as shown in Figure 7. Said upper deck of said floating cabin includes a walkable surface that is demonstrated to be flat, continuous and planar, as shown in Figure 7, and is configured to support passengers in an upright position. Said plurality of telescopic support legs or columns is further comprised of first and second legs or columns that are each positioned toward an aft end of said marine vessel and extend upwardly from said lower deck, and third and fourth legs or columns that are each positioned forward of said first and second legs or columns and extend upwardly from said lower deck, as shown in Figure 7. Said first and second, and said third and fourth legs or columns are spaced apart by a lateral distance, and said first and second legs or columns are spaced apart from said third and fourth legs or columns by a longitudinal distance, as shown in Figure 7. Said walkable surface of said upper deck has a length of at least 20% of the total length of said marine vessel, as shown in Figure 1A. Said first, second, third and fourth legs or columns are disposed perpendicular to said walkable surface of said upper deck when in said first and second positions, as shown in Figures 1A-B.
Harbin also discloses the same method of operating a telescoping upper deck assembly for a marine vessel as claimed, as shown in Figures 1A-10, said method being comprised of the steps of receiving from a helm station or controller, defined as Part #11, an instruction to move an upper deck, defined as Part #21, from a first position in which said upper deck is at a first height above a lower deck, defined as Part #16, of a marine vessel, defined as Part #10, to a second position in which said upper deck is at a second height above said lower deck, as indicated in Figures 1A-B, where said upper deck includes a walkable surface that is flat, continuous and planar, and is configured to support passengers in an upright position, as shown in Figure 7, and sending signals from said helm station or controller to first, second, third and fourth support legs or columns, each defined as Part #70, with pneumatic actuators, as shown in Figure 7, where said signals cause movement of said upper deck from said first position to said second position based on the instruction received by said helm station or controller, as shown in Figures 1A-B.
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 (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 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 19 is rejected under 35 U.S.C. 103 as being unpatentable over Harbin in view of Pepper et al. (US 5,044,298).
Harbin, as set forth above, discloses all of the features claimed except for the use of a marine vessel in the form of a pontoon boat.
Pepper et al. discloses a movable boat canopy for a pontoon boat, as shown in Figures 1-6, which is comprised of a boat, defined as Part #10, with a deck, defined as Part #14, a pair of pontoons, each defined as Part #18, a movable canopy, defined as Part #46, four support members, each defined as Part #90, and a pair of hydraulic actuators, each defined as Part #94, where said movable canopy is configured to move between a first position that is at a first height above said deck, as shown in Figure 2, and a second position that is at a second height above said deck, as shown in Figure 1.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize a pontoon boat with a movable canopy, as taught by Pepper et al., in combination with the adjustable height cabin or cockpit for a marine vessel as disclosed by Harbin for the purpose of providing a pontoon boat with an adjustable height cabin or cockpit for supporting passengers.
Allowable Subject Matter
Claims 9-18 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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June 1, 2026
/LARS A OLSON/Primary Examiner, Art Unit 3615B
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