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 .
Notice to Applicant
Claims 4 and 5 have been canceled. Claims 1 and 17 have been amended. Now, claims 1-3 and 6-20 are pending and examiner hereinbelow.
Drawings
The drawings are objected to because they have improper shading in the figures which make them unclear to facilitate understanding of the invention. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Response to Arguments
Applicant’s arguments with respect to claims 1-3 and 6-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
After further search and consideration, new additional references were found that teach on the subject matter previously indicated allowable.
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.
Claims 1-3, 6-8, 12-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Number 2809605, Russell, et al., hereinafter Russell in view of United States Patent Application Publication Number 2003/0220029, Quaeck, et al., hereinafter Quaeck.
Regarding claim 1, Russell discloses a marine propulsion apparatus comprising:
a first drive shaft, (Fig. 1, col. 2, lines 27-29, The side frames 16 and 17 support a rotatable shaft 19, one end of which projects out through the mounting 15 toward the engine shaft 11. The weight of the drive unit tends to rock the arms 14 downward, or in a clockwise direction as seen in Fig. 1.);
a lifting plate fixed relative to the first drive shaft, (plate 18. which is selectively lifted relative to 33; Fig 1; col 2, Iines 24-27, col. 2, line 58 to col. 3, line 10) fixed relative to the first drive shaft (19 Fig. 1, where the plate 18 is connected to side frames 16 and 17 that support the shaft 19: Fig 1: col 2. Iines 24-29);
a midsection top collar, (33; Fig 1: col 2, Iines 58-64);
a lower unit, (24, 25, 26, 27 collectively; Fig 1; col 2, Iines 39-50) attached to the midsection top collar (33, via the housing 23, a portion of which is illustrated radially outward of the midsection top collar 33 and radially outward of the top end of 27 from the perspective of Fig 1; col 2. lines 39-50), the lower unit (24, 25, 26, 27 collectively) having a second drive shaft (25; Fig 1; col 2, lines 39-50), wherein the midsection top collar is fixed relative to the second drive shaft (25, such that, as the midsection top collar 33 is moved generally downward, the housing 23 lower unit 24, 25, 26, 27, collectively, move downward with the midsection top collar 33 from the perspective of Fig 1; col 2, lines 39-50, line 58 to col 3, line 10);
a power transmission component (the chains 29: Fig 1; col 2, lines 54-57) rotatably coupling the first drive shaft (19; Fig. 1) to the second drive shaft (25; Fig. 1, col. 2, lines 54-57), wherein the power transmission component (the chains 29; Fig. 1) is continuously disposed over the first drive shaft (19; Fig. 1) and the second drive shaft (25; Fig 1; col 2. lines 54-57), the power transmission component configured to rotate about the first and second drive shafts, (25: Fig 1: col 2, lines 54-67); and
one or more lifting screws (the series of screws 31 and the series of screws 32, collectively, where only one of screws 31 and one of screws 32 are shown from the perspective of Fig 11 col 2, lines 58-70) coupling the lifting plate to the midsection top collar (33; Fig 1: col 2, lines 58-70), wherein adjusting the one or more lifting screws (the series of screws 31 and the series of screws 32. collectively), changes a distance (a distance between plate 18 and collar 33; Fig 1: col 2, Iine 68 to col 3, line 10) between the lifting plate and the midsection top collar (33; Fig 1; col 2, line 68 to col 3, line 10), thereby adjusting a tension (a tension of the chains 29; Fig 1; col 2, line 58 to col 3, line 10) of the power transmission component, (the chains 29; Fig 1; col 2, line 58 to col 3, Iine 10);
wherein a longitudinal axis (a longitudinal axis along 19; Fig 1; col 2, lines 27- 29) of the first drive shaft (19; Fig 1: col 2. lines 27-29) and a longitudinal axis (a longitudinal axis along 25; Fig 1: col 2, lines 39-50) of the second drive shaft (25; Fig 1; col 2, lines 39-50) comprise an angle therebetween (an angle between the longitudinal axis along 19 and the longitudinal axis along 25, Fig 1; col 2, lines 27-29, col 2, lines 39-50).
.
Russell does not explicitly disclose
one or more leveling screws connected between the lifting plate and the midsection top collar, the one or more leveling screws configured to change the angle between the longitudinal axis of the first drive shaft and the longitudinal axis of the second drive shaft.
However, Quaeck teaches one or more leveling screws connected between the lifting plate and the midsection top collar, the one or more leveling screws configured to change the angle between the longitudinal axis of the first drive shaft and the longitudinal axis of the second drive shaft, (abstract, The drive shaft position is adjustable to adjust the distance between it and the driven shaft, thus adjusting tension in the chain, para. 7, the shaft can drop to an angle sufficient to allow the teeth on the belt to clear the rim on the sprocket, thus facilitating removal and replacement. The end of the shaft freed by dismantling the casing is tapered to facilitate its reentry into the bearing when the case is assembled, leveling the drive shaft again and providing nominally acceptable belt tension, and para. 24, the bearing carriers are structurally interconnected by spacers 55 and 56 and beam 58 and related fasteners, fastener 59 being typical. Cap screw 60 is installed at the center of the beam with its end contacting cover 54. With the bearing carriers adjustably attached as explained below, tightening screw 60 lifts the bearings carriers, bearings, drive shaft and sprocket upward, adjusting tension in the chain. Loosening screw 60 relieves tension in the chain)
At the time of Applicant's filed invention, it would have been obvious to one of ordinary skill in the art to modify apparatus of Russell as claimed in view of Quaeck for good operation, efficiency and long life of chain drives, particularly bidirectional drives, (Quaeck, para. 2).
Regarding claim 2, Russell discloses the apparatus of claim 1 as described above. Russell further discloses wherein adjustment of the one or more lifting screws (the series of screws 31 and the series of screws 32, collectively) in a first direction (an adjustment of the series of screws 31 and the series of screws 32, collectively, by rotating each of the screws 31 and 32 about a longitudinal axis of the respective screws 31 and 32 in a first direction: Fig 1; col 2, line 58 to col 3, Iine 10) increases the distance (the distance between plate 18 and collar 33) between the lifting plate (18) and the midsection top collar (33, the increasing of the distance between plate 18 and collar 30 having the effect of increasing a tension on the chains 28; Fig 1; col.2, in 58 to col 3, in 10).
Regarding claim 3, Russell discloses the apparatus of claim 1 as described above. Russell further discloses wherein the adjustment of the one or more lifting screws (the series of screws 31 and the series of screws 32, collectively) in a second direction (an adjustment of the series of screws 31 and the series of screws 32, collectively, by rotating each of the screws 31 and 32 about the longitudinal axis of the respective screws 31 and 32 in a second direction that is opposite to the first direction; Fig 1; col 2, line 58 to col 3, line 10) decreases the distance (the distance between plate 18 and collar 33) between the lifting plate (18) and the midsection top collar (33, the decreasing of the distance between plate 18 and collar 33 having the effect of decreasing a tension on the chains 29; Fig 1; col 2, Iine 58 to col 3, line 10).
Regarding claim 6, Russell discloses the apparatus of claim 1 as described above. Russell does not explicitly disclose wherein the one or more leveling screws are disposed at a greater distance from the belt than the one or more lifting screws.
However Quaeck teaches wherein the one or more leveling screws are disposed at a greater distance from the belt than the one or more lifting screws, (para. 7, to enable replacement of this belt the casing is divided vertically into forward and aft parts, generating a need for long parting surfaces and a plurality of fasteners are needed to assemble the casing).
Regarding claim 7, Russell discloses the apparatus of claims 1 and 2 as described above. Russell further discloses wherein there are two lifting screws, (the series of screws 31 and the series of screws 32, collectively, the plurality of screws 31, only one of which is shown from the perspective of Fig 1; col 2, line 58-70, and the plurality of screws 32, only one of which is shown from the perspective of Fig 1; col 2, Iine 58-70).
Regarding claim 8, Russell discloses the apparatus of claim 1 as described above. Russell further discloses wherein there are two leveling screws, (the series of screws 31 and the series of screws 32, collectively, the plurality of screws 31, only one of which is shown from the perspective of Fig 1; col 2, line 58-70, and the plurality of screws 32, only one of which is shown from the perspective of Fig 1; col 2, Iine 58-70).
Regarding claim 12, Russell discloses the apparatus of claim 1 as described above. Russell further discloses wherein the lifting plate (18) may be formed with at least one cutout (a plurality of cutouts in the lifting plate 18 for the series of screws 31 and the series of screws 32 to pass through the lifting plate 18; Fig 1; col 2, In 58-70) disposed through at least a portion of the lifting plate (18; Fig 1; col 2, in 58-70).
Regarding claim 13, Russell discloses the apparatus of claim 1 as described above. Russell does not explicitly disclose wherein the one or more lifting screws comprise a cap threaded onto the one or more lifting screws, the cap configured to restrain the lifting plate from moving in an upward direction.
However, Quaeck teaches wherein the one or more lifting screws comprise a cap threaded onto the one or more lifting screws, the cap configured to restrain the lifting plate from moving in an upward direction, (para. 24, Casing 48 has a cover 54. The bearing carriers are structurally interconnected by spacers 55 and 56 and beam 58 and related fasteners, fastener 59 being typical. Cap screw 60 is installed at the center of the beam with its end contacting cover 54. With the bearing carriers adjustably attached as explained below, tightening screw 60 lifts the bearings carriers, bearings, drive shaft and sprocket upward, adjusting tension in the chain).
At the time of Applicant's filed invention, it would have been obvious to one of ordinary skill in the art to modify apparatus of Russell as claimed in view of Quaeck for good operation, efficiency and long life of chain drives, particularly bidirectional drives, (Quaeck, para. 2).
Regarding claim 14, Russell discloses the apparatus of claims 1 and 13 as described above. Russell does not explicitly disclose wherein the cap is configured to rotate the one or more lifting screws on which the cap is threaded.
However, Quaeck teaches wherein the cap is configured to rotate the one or more lifting screws on which the cap is threaded, (para. 24, Casing 48 has a cover 54. The bearing carriers are structurally interconnected by spacers 55 and 56 and beam 58 and related fasteners, fastener 59 being typical. Cap screw 60 is installed at the center of the beam with its end contacting cover 54. With the bearing carriers adjustably attached as explained below, tightening screw 60 lifts the bearings carriers, bearings, drive shaft and sprocket upward, adjusting tension in the chain).
At the time of Applicant's filed invention, it would have been obvious to one of ordinary skill in the art to modify apparatus of Russell as claimed in view of Quaeck for good operation, efficiency and long life of chain drives, particularly bidirectional drives, (Quaeck, para. 2).
Regarding claim 16, Russell discloses the apparatus of claim 1 as described above. Russell further discloses wherein the power transmission component (the chains 29) is formed as a chain (s chain including the plurality of 29, collectively; Fig 1: Fig 1; col 2. in 54-67).
Regarding claim 17, this claim is rejected for the same reasons as set forth above with regard to claim 1. Russell further discloses one or more lifting screws (the series of screws 32, collectively, where only one of screws 32 are shown from the perspective of Fig 1; col 2, In 58-70) disposed between the lifting plate (18) and the midsection top collar (33; Fig 1; col 2, in 58-70), the one or more lifting screws (the series of screws 32, collectively) rotatably coupled to the lifting plate (18) and the midsection top collar (33; Fig 1; col 2, In 58-70), defining a third distance (a third distance between plate 18 and collar 33; Fig 1; col 2. In 58 to col 3, in 10) therebetween (between plate 18 and collar 33; Fig 1; col 2, In 58 to col 3, In 10), wherein rotating the one or more lifting screws (the series of screws 32, collectively) alters the third distance (the third distance between plate 18 and collar 33; Fig 1; col 2, in 58 to col 3, In 10), thereby altering a tension (a tension of the chains 29; Fig 1; col 2, In 58 to col 3, In 10) of the power transmission component (the chains 29; Fig 1; col 2, In 58 to col 3, In 10).
Regarding claim 18, Russell discloses the apparatus of claim 17 as described above. Russell further discloses wherein the rotation of the one or more lifting screws (the series of screws 32, collectively) in a first direction (an adjustment of the series of screws 32, collectively, by rotating each of the screws 31 and 32 about a longitudinal axis of the respective screws 31 and 32 in a first direction; Fig 1; col 2, In 58 to col 3, in 10) increases the distance (distance between plate 18 and collar 33) between the lifting plate (18) and the midsection top collar (33, the increasing of the distance between plate 18 and collar 33 having the effect of increasing a tension on the chains 29; Fig 1; col 2, in 58 to col 3, In 10).
Regarding claim 19, Russell discloses the apparatus of claim 17 as described above. Russell further discloses wherein the rotation of the one or more lifting screws (the series of screws 32, collectively) in a second direction (an adjustment of the series of screws 32, collectively, by rotating each of the screws 31 and 32 about the longitudinal axis of the respective screws 31 and 32 in a second direction that is opposite to the first direction; Fig 1; col 2, in 58 to col 3, In 10) decreases the distance (distance between plate 18 and collar 33) between the lifting plate and the midsection top collar (33, the decreasing of the distance between plate 18 and collar 33 having the effect of decreasing a tension on the chains 29; Fig 1; col 2, In 58 to col 3, In 10).
Regarding claim 20, Russell discloses the apparatus of claim 17 as described above. Russell further discloses wherein each of the one or more lifting screws (each of the series of screws 32, collectively) comprise a threaded rod (a threaded rod portion of the series of screws 32, collectively, illustrated below the head of the illustrated screw 32 in Fig 1: col 2, In 58-70), the threaded rod (the threaded rod portion illustrated below the head of each of the series of screws 32, collectively) configured to mate with a threaded insert (the threaded rod portions illustrated below the head of each of the series of screws 32 mating with respective threaded openings through the midsection top collar 33, and the threaded rod portion illustrated below the head of each of the series of screws 32, collectively are at least capable of mating with a threaded insert disposed within the midsection top collar 33; Fig 1; col 2, In 65-70) disposed within a portion of the midsection top collar (33; Fig 1; col 2, In 65-70).
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Number 2809605, Russell, et al., hereinafter Russell in view United States Patent Application Publication Number 2003/0220029, Quaeck, et al., hereinafter Quaeck and further in view of United States Patent Number 5964627, Detwiler, et al., hereinafter Detwiler.
Regarding claim 9, Russell discloses the apparatus of claim 1 as described above. Russell in view of Quaeck fails to teach wherein the one or more lifting screws comprise at least one washer disposed between the lifting plate and a nut.
However, Detwiler teaches wherein the one or more lifting screws comprise at least one washer disposed between the lifting plate and a nut, (Fig. 3, col. 3, lines 43-53, the screw 46 is a part of a shaft 50, which is journalled in a bearing 52 in plate 14. A head 54, to which the crank 48 is fixed, rests on a stainless steel washer 56 on the top of plate 14. A nut 58, secured in place on screw 46 by a set screw 60, is located underneath plate 14. A washer 62 is situated between nut 58 and the underside of plate 14. The head 54, the nut 58 and the two washers 56 and 62, together serve as a thrust bearing, holding the screw 46 against axial movement relative to plate 14, while allowing it to be rotated by crank 54. Washer 62 is preferably made from a low friction plastics material such as PTFE.).
At the time of Applicant's filed invention, it would have been obvious to one of ordinary skill in the art to modify apparatus of Russell as claimed in view of Quaeck and further in view of Detwiler in order to provide improvements in marine propulsion systems, (col. 1, lines 5-57).
Regarding claim 10, Russell discloses the apparatus of claims 1 and 9 as described above. Russell in view of Quaeck fails to teach wherein the at least one washer is formed from a polymer, (Fig. 3, col. 3, lines 43-53, the screw 46 is a part of a shaft 50, which is journalled in a bearing 52 in plate 14. A head 54, to which the crank 48 is fixed, rests on a stainless steel washer 56 on the top of plate 14. A nut 58, secured in place on screw 46 by a set screw 60, is located underneath plate 14. A washer 62 is situated between nut 58 and the underside of plate 14. The head 54, the nut 58 and the two washers 56 and 62, together serve as a thrust bearing, holding the screw 46 against axial movement relative to plate 14, while allowing it to be rotated by crank 54. Washer 62 is preferably made from a low friction plastics material such as PTFE.).
At the time of Applicant's filed invention, it would have been obvious to one of ordinary skill in the art to modify apparatus of Russell as claimed in view of Quaeck and further in view of Detwiler in order to provide improvements in marine propulsion systems, (col. 1, lines 5-57).
Regarding claim 11, Russell discloses the apparatus of claims 1 and 9 as described above. Russell in view of Quaeck fails to teach wherein the nut is a jam nut, (Fig. 3, col. 3, lines 43-53, the screw 46 is a part of a shaft 50, which is journalled in a bearing 52 in plate 14. A head 54, to which the crank 48 is fixed, rests on a stainless steel washer 56 on the top of plate 14. A nut 58, secured in place on screw 46 by a set screw 60, is located underneath plate 14. A washer 62 is situated between nut 58 and the underside of plate 14. The head 54, the nut 58 and the two washers 56 and 62, together serve as a thrust bearing, holding the screw 46 against axial movement relative to plate 14, while allowing it to be rotated by crank 54. Washer 62 is preferably made from a low friction plastics material such as PTFE, and col. 4, lines 26-40, the locking nut can be arranged so that, in its locked position, it bears against plate 14 instead of against plate 30. The nut can be made to bear against either side of either of either of plates).
At the time of Applicant's filed invention, it would have been obvious to one of ordinary skill in the art to modify apparatus of Russell as claimed in view of Quaeck and further in view of Detwiler in order to provide improvements in marine propulsion systems, (col. 1, lines 5-57).
Claims 15 is rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Number 2809605, Russell, et al., hereinafter Russell in view United States Patent Application Publication Number 2003/0220029, Quaeck, et al., hereinafter Quaeck and further in view of United States Patent Number 3951096, Dunlap, et al., hereinafter Dunlap.
Regarding claim 15, Russell discloses the apparatus of claim 1 as described above. Russell does not explicitly disclose wherein the power transmission component is formed as a belt.
However, Dunlap teaches wherein the power transmission component is formed as a belt, (belt 52; Fig 6; col 10, In 10-18).
At the time of Applicant's filed invention, it would have been obvious to one of ordinary skill in the art to modify apparatus of Russell as claimed in view of Dunlap in order to suitably transmit power between driving and driven components of the apparatus, (col. 10, lines 48-63).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gotmalm, (US 3709186 A) teaches propelling means for motor boats and especially auxiliary sailing yachts. More specifically, the invention relates to improved propelling means.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMBER ALTSCHUL MISIASZEK whose telephone number is (571)270-1362. The examiner can normally be reached M-TH 8AM-6PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fonya Long can be reached at 571-270-5096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMBER A MISIASZEK/Primary Examiner, Art Unit 3682
