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 .
Claim Objections
Claim 10 is objected to because of informalities. Suggestions are indicated via underline and strike-through in the rejection of claim 10.
Claim 15 is objected to because it uses “the duct” of a boat propulsor as a reference point. A duct is not required by the claim; therefore the reference is hypothetical and abstract. Appropriate correction is required, for example claim the width of the holes without referencing a hypothetical duct of a boat propulsor, or positively claim the boat propulsor and the duct.
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 1-4, 6-12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spaulding (US 3,768,432).
Regarding claim 1, Spaulding discloses a boat propulsor (Figs. 4-5) comprising:
a duct (52, Fig. 4-5);
a propeller in the duct and rotatable around a rotation axis extending along an axial direction of the duct (8); and
a rotator to rotate the propeller (10);
wherein an upper portion of the duct includes a plate extending from the duct in the axial direction and including a plurality of holes (extension 54 with plate 16; having holes to receive bolts 30, Figs. 4-5).
Regarding claim 2, Spaulding discloses the boat propulsor according to claim 1, wherein a lowermost end of the plate is located above the rotation axis (best depicted in Fig. 4).
Regarding claim 3, Spaulding discloses the boat propulsor according to claim 2, wherein the plate is symmetrical with respect to the rotation axis when viewed in a vertical direction (Fig.5).
Regarding claim 4, Spaulding discloses the boat propulsor according to claim 1, wherein the plate is curved along a circumferential direction of the duct (best seen in Fig. 4).
Regarding claim 6, Spaulding discloses the boat propulsor according to claim 1, wherein the plurality of holes are arranged symmetrically with respect to the rotation axis when viewed in a vertical direction (see 30 indicating arrangement of holes, Fig. 5).
Regarding claim 7, Spaulding discloses the boat propulsor according to claim 1, wherein a separation distance between two holes of the plurality of holes that are adjacent to each other is wider than an opening width of each of the two holes in a circumferential direction of the duct (best seen in Fig. 5 via bolt 30).
Regarding claim 8, Spaulding discloses the boat propulsor according to claim 1, wherein the plate is a separate structural element from the duct (Examiner notes plate 54 with 16 is separate from duct 52); and
the plate is fixed to an outer surface of the duct at a first fixing position (see two fixing positions indicated at 30 in Fig. 5 – spaced circumferential from one another) and a second fixing position (see four fixing positions indicated at 30 in Fig. 4 – spaced axial from one another) that are spaced apart from each other in both the axial direction of the duct and a circumferential direction of the duct (Examiner notes at least two of the fixing positions are spaced apart from each other in both the axial direction of the duct and the circumferential direction of the duct).
Regarding claim 9, Spaulding discloses a boat comprising:
a hull (hull, ABSTRACT); and
the boat propulsor according to claim 1 (see rejection of claim 1 in light of Spaulding above).
Regarding claim 10, Spaulding discloses a plate configured to extend in an axial direction from a duct of a boat propulsor including a propeller in the duct and rotatable about a rotation axis along an axial direction of the duct (extension 54 with plate 16; propeller 8; Figs. 4-5), wherein the plate includes a plurality of holes (54 with 16 having holes to receive bolts 30).
Regarding claim 11, Spaulding discloses the plate according to claim 10, wherein the plate is symmetrical in shape when viewed from above (Fig. 4-5, similarly to the view in Fig. 9 for example).
Regarding claim 12, Spaulding discloses the plate according to claim 10, wherein the plate is curved (Figs 4-5).
Regarding claim 14, Spaulding discloses the plate according to claim 10, wherein the plurality of holes are arranged symmetrically when viewed from above (Fig. 5).
Regarding claim 15, Spaulding discloses the plate according to claim 10, wherein a separation distance between two holes of the plurality of holes that are adjacent to each other is wider than an opening width of each of the two holes in a circumferential direction of the duct (Fig. 5).
Regarding claim 5 and 13; claims 1, 5 and 10, 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor (US 8,257,121 B2).
Regarding claim 1, Taylor discloses a boat propulsor (Figs. 1A-1B) comprising:
a duct (guard 25);
a propeller in the duct and rotatable around a rotation axis extending along an axial direction of the duct (100); and
a rotator to rotate the propeller (200);
wherein an upper portion of the duct includes a plate extending from the duct in the axial direction and including a plurality of holes (plate 10 with holes 30).
Regarding claim 5, Taylor discloses the boat propulsor according to claim 1, wherein the plurality of holes include a plurality of slits extending along the axial direction of the duct (30, Fig. 1B).
Regarding claim 10, Taylor discloses a plate configured to extend in an axial direction from a duct of a boat propulsor including a propeller in the duct and rotatable about a rotation axis along an axial direction of the duct (plate 10, Fig. 1B),
wherein the plate includes a plurality of holes (holes 30).
Regarding claim 13, Taylor discloses the plate according to claim 10, wherein the plurality of holes include a plurality of slits extending along a predetermined direction (30).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nemec (DE 3816430 A1) teaches a device intended for ship control surfaces in order to prevent the stress of pressure differences. Fester (US 2,963,000) teaches a combination guard for the propeller of outboard motors and a rudder means which is designed to adequately control the boat in different boating maneuvers. Holtermann (US 4,304,558) teaches a shroud arranged as a Kort-type nozzle for augmenting propeller thrust and having a relatively blunt or generally straight trailing edge, and protection against gas leakage from the nozzle recess through the water surface provided by an anti-cavitation plate which extends laterally from the upper unit above the nozzle.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at 571-270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Shanna Danielle Glover/Examiner, Art Unit 3642