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 .
Response to Arguments
Applicant’s arguments, see Page 6 of the response, filed 04/15/2026, with respect to the rejection of Claim 20 under 35 U.S.C. §101, have been fully considered and are persuasive. Claim 20 has been cancelled; therefore, the rejection of Claim 20 under 35 U.S.C. §101 has been withdrawn.
Applicant’s arguments, see Page 6 of the response, filed 04/15/2026, with respect to the rejections made under 35 U.S.C. §112(b), have been fully considered and are persuasive. The indefiniteness has been removed from the claims; therefore, the rejections made under 35 U.S.C. §112(b) have been withdrawn.
Applicant's arguments filed 04/15/2026, regarding the rejections made under 35 U.S.C. §102(a)(1) and §103, have been fully considered but they are not persuasive. The applicant argues that Shimanckas discloses the drive torque being applied through a gear arrangement to pivot a lower unit on the fixed trunnions, not by rotating the claimed shaft. Therefore, the applicant argues that Shimanckas fails to disclose a shaft to which the propulsion unit is secured, the rotary drive being arranged to rotate the shaft, and thereby the propulsion unit, as claimed, and thus, the applicant argues, the rejections made under 35 U.S.C. §102(a)(1) and §103 should be withdrawn. The Office respectfully disagrees. Shimanckas discloses a shaft (267) rotated by a rotary drive (175, 271) (Column 4, Lines 57-59) and secured to and rotating the propulsion unit (123) (Figure 6; Column 4, Lines 57-63). The claim does not disclose that the shaft is directly in contact with the propulsion unit, just that the shaft is secured to the propulsion unit, and the shaft (267) is secured to the propulsion unit (123) through the gear arrangement (263, 264, 259, 261). Shimanckas discloses a shaft to which the propulsion unit is secured, the rotary drive being arranged to rotate the shaft, and thereby the propulsion unit, about the axis as claimed. Therefore, the applicant’s arguments are not persuasive, and the rejections made under 35 U.S.C. §102(a)(1) and §103 are maintained.
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.
Claim(s) 1, 3-4, 6-7, and 11-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimanckas (US Patent No: 3,310,021).
Regarding Claim 1: Shimanckas discloses a propulsion system (Figure 2) for a marine vessel (Column 1, Lines 9-10), the propulsion system comprising a propulsion unit (123), a transom bracket (Figures 3-4, No. 125) to rotatably attach the propulsion unit to the marine vessel about an axis (Figure 6, No. 254), the transom bracket being adapted to be secured to the marine vessel (Figures 3-4; Column 2, Lines 54-59), a rotary drive (153, 261, 263, 264, 267, 271, 275) arranged to rotate the propulsion unit about the axis by applying a torque about the axis, a shaft (267) to which the propulsion unit is secured, the rotary drive being arranged to rotate the shaft, and thereby the propulsion unit, about the axis (Column 4, Lines 57-63), and a slip clutch assembly (273) operationally arranged between the propulsion unit and the rotary drive to allow a rotational motion between the propulsion unit and the rotary drive about the axis in case the propulsion unit impacts an obstacle (Column 4, Line 75; Column 5, Lines 1-4).
Regarding Claim 3: Shimanckas discloses the propulsion system of Claim 1, wherein the slip clutch assembly is configured to allow a rotational motion between the propulsion unit and the rotary drive when a torque between the propulsion unit and the rotary drive about the axis exceeds a threshold torque value (Column 4, Line 75; Column 5, Lines 1-4).
Regarding Claim 4: Shimanckas discloses the propulsion system of Claim 1, wherein the slip clutch assembly is configured to allow a rotational motion along a predetermined slip rotation angle when a torque between the propulsion unit and the rotary drive exceeds a threshold torque value at the beginning of the rotational motion, the slip clutch assembly optionally being configured to allow a stepwise rotational motion along predetermined slip rotation angles (Column 4, Line 75; Column 5, Lines 1-4).
Regarding Claim 6: Shimanckas discloses the propulsion system of Claim 1, wherein the slip clutch assembly is formed by the shaft and the rotary drive (Figures 9-10).
Regarding Claim 7: Shimanckas discloses the propulsion system of Claim 1, wherein the slip clutch assembly is operationally arranged between the shaft and the rotary drive (Figures 9-10).
Regarding Claim 11: Shimanckas discloses the propulsion system of Claim 1, wherein the rotary drive and the shaft are concentric (Figure 10).
Regarding Claim 12: Shimanckas discloses the propulsion system of Claim 11, wherein the shaft is arranged inside the rotary drive (Figure 10).
Regarding Claim 13: Shimanckas discloses the propulsion system of Claim 1, wherein the rotary drive comprises an input interface that is adapted to engage a drive unit (271) such that the drive unit may rotate the rotary drive, wherein the rotary drive comprises an engaging member or a receiving recess that forms part of the slip clutch assembly (Column 5, Lines 65-69).
Regarding Claim 14: Shimanckas discloses the propulsion system of Claim 1, wherein the rotary drive has the shape of a circular cylinder (Figures 6 & 10).
Regarding Claim 15: Shimanckas discloses the propulsion system of Claim 1, comprising a drive unit (271) arranged to rotate the rotary drive.
Regarding Claim 16: Shimanckas discloses the propulsion system of Claim 15, wherein the drive unit comprises a worm gear and the rotary drive comprises an input interface that is adapted to engage the worm gear (Column 5, Lines 65-69).
Regarding Claim 17: Shimanckas discloses the propulsion system of Claim 15, comprising an electric trim motor (Figure 6, No. 175) that is arranged to rotate the drive unit.
Regarding Claim 18: Shimanckas discloses the propulsion system of Claim 1, wherein the propulsion unit is rotatably attached to the marine vessel about a trim axis (254) that is horizontal.
Regarding Claim 19: Shimanckas discloses the propulsion system of Claim 1, wherein the propulsion unit comprises a support part (283) and a thrust part (279; Column 5, Lines 50-51), wherein the thrust part is rotatable with respect to the support part about a steering axis to direct the thrust of the propulsion unit (Figure 10).
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) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimanckas
in view of Pinkerton (US Patent No: 3,750,617).
Regarding Claim 8: Shimanckas discloses propulsion system of Claim 1;
however, Shimanckas fails to disclose the slip clutch assembly comprising an engaging member and a receiving recess, which may be engaged or disengaged, and wherein the slip clutch assembly is configured such that the rotational motion between the propulsion unit and the rotary drive about the axis is allowed when the engaging member and the receiving recess are disengaged.
Pinkerton teaches a propulsion system with a slip clutch (Figure 5, No. 121), wherein the slip clutch assembly comprises an engaging member (120) and a receiving recess (123'), which may be engaged or disengaged, and wherein the slip clutch assembly is configured such that the rotational motion between the propulsion unit and a rotary drive (124) about the axis is allowed when the engaging member and the receiving recess are disengaged (Column 3, Lines 63-68; Column 4, Lines 1-12 & 30-44).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to make the slip clutch assembly with an engaging member and a receiving recess, as taught by Pinkerton, for the purpose of preventing injury to the slip clutch mechanism (Column 4, Lines 8-12).
Regarding Claim 9: Shimanckas, as modified by Pinkerton, discloses the propulsion system of Claim 8, wherein the engaging member is biased towards the receiving recess (Pinkerton: via spring 121).
Regarding Claim 10: Shimanckas, as modified by Pinkerton, discloses the propulsion system of Claim 8, comprising a plurality of engaging members and receiving recesses such that the slip clutch assembly allows a stepwise rotational motion along predetermined slip rotation angles (Pinkerton: Figure 5).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L SEHN whose telephone number is (571)270-3564. The examiner can normally be reached M-F 8:30 AM-6 PM, every other Friday off.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached at 571-270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL L SEHN/Primary Examiner, Art Unit 3745
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