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 .
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, 2, 3, 4, 6, 8, 9 are rejected under 35 U.S.C. 102a2 as being anticipated by Reder (US 3183871 A).
Regarding Claim 1, Reder discloses a watercraft comprising at least one hydrofoil and at least one retractable strut (Element 3) wherein the at least one hydrofoil (Element 5) is attached fixedly to the at least one retractable strut.
Regarding Claim 2, Reder discloses a watercraft of claim 1, wherein the at least one strut retracts through the action of an actuator. (C4, L58)
Regarding Claim 3, Reder discloses a watercraft of claim 2, wherein the watercraft further comprises a rotational joint, wherein the at least one rotational strut is rotatably attached to the joint at its first end and attached fixedly to the main hydrofoil at its second end. (See Fig. 1, Fig. 2.)
Regarding Claim 4, Reder discloses a watercraft of claim 2, further comprising a motor foil assembly (MFA), the MFA comprising an electric motor and at least one propeller. (Element 8)
Regarding Claim 5, Reder discloses a watercraft of claim 4, wherein the MFA is attached to the at least one retractable strut. (See Fig 2, Fig. 5.)
Regarding Claim 6, Reder discloses a watercraft of claim 5, wherein the MFA further comprises the at least one hydrofoil. (See Fig. 2.)
Regarding Claim 8, Reder discloses a watercraft of claim 1, wherein the at least one hydrofoil further comprises at least one aileron (Element 6) formed moveably on the trailing edge of the at least one hydrofoil.
Regarding Claim 9, Reder discloses a watercraft of claim 8 further comprising a rear strut (Element 3’), a rear hydrofoil (Element 5’) and an elevator (Element 6’), wherein the rear strut is rotatably and retractably attached to the watercraft, the rear hydrofoil is fixedly attached to the rear strut, and the rear hydrofoil comprises an elevator formed moveably on the trailing edge of the rear hydrofoil. (See Fig. 2)
Claims 1, 2, 4, 5, 7 11-14 are rejected under 35 U.S.C. 102a2 as being anticipated by Rosen (US 20220380002 A1).
Regarding Claim 1, Rosen discloses a watercraft comprising at least one hydrofoil and at least one retractable strut (Element 10) wherein the at least one hydrofoil is attached fixedly to the at least one retractable strut (Element 16).
Regarding Claim 2, Rosen discloses a watercraft of claim 1, wherein the at least one strut retracts through the action of an actuator. (Element 12)
Regarding Claim 4, Rosen discloses a watercraft of claim 2, further comprising a motor foil assembly (MFA), the MFA comprising an electric motor and at least one propeller. (Element 52 represents both, paragraph 54)
Regarding Claim 5, Rosen discloses a watercraft of claim 4, wherein the MFA is attached to the at least one retractable strut. (See Fig. 1.)
Regarding Claim 7, Rosen discloses a watercraft of claim 5, wherein the MFA further comprises a battery. (paragraph 60)
Regarding Claim 11, Rosen discloses a watercraft of claim 1, further comprising at least one sensor enabled to detect at least one object (sonar, paragraph 35) or measurement, the object or measurement selected from a list consisting of shallow water, rocks, obstacles substantially under the water, obstacles near the surface of the water, obstacles floating in the water, other watercraft, fish, water pressure, depth below the surface of the water, and speed.
Regarding Claim 12, Rosen discloses a watercraft of claim 11, wherein the at least one sensor is a scanning sonar module. (paragraph 35)
Regarding Claim 13, Rosen discloses the watercraft of claim 11, further comprising a hull, wherein the at least one sensor is mounted fixedly as part of one of the at least one retractable strut, the hydrofoil, the hull or the aileron. (paragraph 37)
Regarding Claim 14, Rosen discloses the watercraft of claim 11, further comprising a control system enabled to accept data from the at least one sensor and analyze the data of the object or measurement to determine if the object or measurement is a source of potential damage to the watercraft and take an appropriate action to avoid the source of potential damage. (paragraph 37)
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Reder (US 3183871 A) in view of Matthewson (US 3994253 A).
Regarding Claim 10, Reder discloses a watercraft of claim 8, wherein the at least one strut comprises a hydraulic actuator (C6, L59), but does not explicitly disclose push-rod aileron actuator, wherein the push-rod aileron actuator is movably attached at its first end to the at least one aileron.
Matthewson discloses a push-rod aileron actuator, wherein the push-rod aileron actuator is movably attached at its first end to the at least one aileron. (Element 22, Fig. 3). It would have been obvious at the time of filing for a person of ordinary skill in the marine art to select the actuator of Matthewson as the type of actuator for Reder which can be accomplished with a reasonable expectation of success. The motivation to modify Reder is to use a known actuator that can be used with predictable results as the type of actuator suggested by Reder.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Rosen (US 20220380002 A1) in view of Reder (US 3183871 A)
Regarding 15, Rosen discloses the watercraft of claim 11, wherein the at least one hydrofoil further comprises: a control system further configured to: accept data from the at least one sensor; analyze the data; and as a result of the analysis make a change to at least one of the motor speed (paragraph 37), but does not explicitly disclose at least one aileron formed moveably on the trailing edge of the at least one hydrofoil.
Reder discloses at least one aileron formed moveably on the trailing edge of the at least one hydrofoil. It would have been obvious at the time of filing for a person of ordinary skill in the marine art to add at least one aileron of Roser formed moveably on the trailing edge of the at least one hydrofoil. which can be accomplished with a reasonable expectation of success. The motivation to modify Rosen is to facilitate the lift force given in paragraph 40 as a design goal.
Conclusion
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/ANDREW POLAY/Primary Examiner, Art Unit 3615 27 Dec 2025