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 without traverse of Species A: Figs. 8-9, claims 1-5, 8-20 in the reply filed on 04/06/2026 is acknowledged.
Claims 6-7 are withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14-15 are 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.
Claim 14 recites the limitation, “the track system providing forward rearwardly translation”. It is unclear what is meant by the limitation as forward is the opposite of rearward. Is applicant referring to a forward direction of the tray vs. a rearward direction of the boat? If so the claims should be clarified to reflect this.
Claim 15 is rejected based on its dependency from 14.
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(s) 1-3, 8, 11-14, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Little (US 7263945) in view of Hidako (US 2023/0271511).
For claim 1, Little teaches a pontoon boat comprising:
a plurality of pontoons (110) supporting a deck (310), the deck having pontoon furniture mounted to the deck (see Fig. 1), and
a battery stowage system mounted below the deck (Fig. 3A, 4B);
wherein the deck comprises a deck framework with deck frame members and bracketing extending from the deck frame members to the pontoons (Figs. 1 and 8), the deck further comprising decking on a topside of the deck framework (310, Figs. 1 and 8);
wherein the battery stowage system is positioned in a pontoon and comprises:
a bracket (180, 185) contained within said pontoon for supporting a plurality of batteries and providing a clearance between the batteries and an interior bottom of the pontoon (see Fig. 4B);
an access port defined through a wall of said pontoon for accessing said plurality of batteries (Fig. 3A); and a deck access opening (3A).
Little is silent about the deck access opening with a deck hatch for closure of said deck access opening; wherein the battery stowage system provides translation of the plurality of batteries from a below deck stowed position to an above deck position at the deck access opening.
Hidako teaches a battery storage system for a boat (abstract and figs) having a deck hatch (3) for closure of said deck access opening (Figs. 2-3); wherein the battery stowage system provides translation of the plurality of batteries from a below deck stowed position to an above deck position at the deck access opening (see figs. 2-3).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to include the deck hatch of Hidako into the battery opening of Little, in order to cover and secure the battery as needed.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to include the include the translation system of Hidako, into the battery access and removal system of Little in order to easily access and remove the batteries for replacement.
For claim 2, modified Little further teaches wherein the battery stowage system comprises at least one tray supported by said bracket, said at least one tray being sized for receiving said plurality of batteries (see tray 12 of battery system of Hidako).
For claim 3, modified Litter further teaches wherein the battery stowage system further comprises a track system with which the at least one tray is slidingly or rollingly engaged (track 30, slider 32 of Hidako).
For claim 8, modified Little further teaches wherein a plurality of the plurality of pontoons each have a battery stowage system therein (see Fig. 8 of Little).
For claim 11, modified Little is silent about further comprising a bilge pump in the pontoon, and wherein the pontoon has a discharge port connected to the bilge pump.
The office takes official notice that bilge pumps are well known in the art, thus it would have been obvious to include a bilge pump within the pontoon of Little, in order to remove undesired water from the boat.
For claim 12, Little further teaches wherein the pontoon with the battery stowage system is vented (see venting system fig. 10 of Little).
For claim 13, Little discloses a boat (abstract and figs.)
a deck (310) with passenger area above the deck (Fig. 1) and a below deck region and a battery stowage system mounted below the deck (see Fig. 3A, 4B for instance);
wherein the battery stowage system is positioned in a housing (175) and comprises;
a bracket contained within said housing for supporting a plurality of batteries spaced above an interior bottom of the housing (180, 185, fig. 4B);
a deck access opening for accessing said plurality of batteries (Figs. 3A, 4B);
Little is silent about wherein the battery stowage system comprises at least one tray sized for holding one or more batteries, and wherein the battery stowage system provides translation of the plurality of batteries from a below deck stowed position to an access position at or above the deck access opening.
Hidaka teaches a boat (abstract and figs) comprising: a deck (4) wherein the battery stowage system is positioned in a housing (9, para 0016) and comprises: a deck access (3) opening for accessing said plurality of batteries (Figs. 2-3); wherein the battery stowage system comprises at least one tray (12) sized for holding one or more batteries (see figs. 2-3), and wherein the battery stowage system provides translation of the plurality of batteries from a below deck stowed position to an access position at or above the deck access opening (via sliders 32, see para 0026-0028).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to include the include the translation system of Hidako, into the battery access and removal system of Little in order to easily access and remove the batteries for replacement.
For claim 14, modified Little further teaches wherein the battery stowage system comprises a track system (30) and the at least one tray is slidingly or rollingly engaged with the track system (via 32), the track system providing forward rearwardly translation of the at least one tray below the deck (as best understood, assembly is in the rear of the boat and moves the battery forward (considered up)).
For claim 16, modified Little further teaches further comprising a plurality of hulls, and wherein the housing is contained within one of the plurality of hulls or is integrated with the one of the plurality of hulls (fig. 8, 110).
For claim 17, modified Little further teaches wherein the boat comprises two or three pontoons (Fig. 8, 110).
For claim 18, modified Little further teaches wherein the housing is one of the two or three pontoons (Fig. 3A, 4B).
For claim 19, modified Little further teaches wherein the boat has a starboard pontoon and a port pontoon, and each of the starboard and port pontoons have a battery stowage system (Fig. 8, 110).
For claim 20, Little teaches a pontoon boat (abstract and figs.) comprising:
a plurality of pontoons (110) supporting a deck (310), the deck having pontoon furniture mounted to the deck (fig. 1), and a battery stowage system with a plurality of batteries mounted below the deck in one of the pontoons (Fig. 3A, 4B, Col. 6, lines 18-22) positioning the batteries at least 4 inches above an interior bottom of the pontoon (see Fig. 4B);
wherein the deck comprises a deck framework with deck frame members and bracketing extending from the deck frame members to the pontoons (Fig. 1 and 8, 310), the deck further comprising decking (310) on a topside of the deck framework with a deck access opening positioned above the battery stowage system (Fig. 3A).
Little is silent about the batteries being positioned at least 4 inches above an interior bottom of the pontoon and a hatch covering the deck access opening; and wherein the battery stowage system further comprises a system for moving the plurality of batteries from a stowed position below the deck in the pontoon to an access position in or above the deck access opening.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to position the batteries at least 4 in above the bottom of the pontoon, to maintain the buoyancy and center of gravity of the pontoon and since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. In re Aller, 105 USPQ 233.
Hidako teaches a battery storage system for a boat (abstract and figs) having a deck hatch (3) for closure of said deck access opening (Figs. 2-3); wherein the battery stowage system provides translation of the plurality of batteries from a below deck stowed position to an above deck position at the deck access opening (see figs. 2-3).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to include the deck hatch of Hidako into the battery opening of Little, in order to cover and secure the battery as needed.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to include the include the translation system of Hidako, into the battery access and removal system of Little in order to easily access and remove the batteries for replacement.
Allowable Subject Matter
Claims 4-5, 9-10, 15 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 and overcoming any 112b rejections above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited prior art of record is noted as it pertains to battery storage systems and battery moving systems in boats.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAGDALENA TOPOLSKI whose telephone number is (571)270-3568. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at 5712705301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
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