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 .
Claims 24-43 are pending in the current application.
Claim Rejections - 35 USC § 102
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 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 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 33-37 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Castillo, US 5860384 (disclosed by applicant). Castillo discloses a hull including starboard and port sides and a stern (see Fig. 8);
a platform (platform #22 not shown in Fig. 8a, however platform supports positioned aft of the transom at the stern show a platform would span from a port side to a starboard side of a
centerline of the boat, the platform having an upper surface and an underside; and
a pair of wake-modifying devices #76 pivotably attached to the underside of the platform, one of the wake-modifying devices being positioned on a port side (outer third shown) of a centerline of the platform and another of the wake-modifying devices being positioned on a starboard side (outer third shown) of the centerline of the platform,
wherein each wake-modifying device is pivotable about a pivot axis #92 between a non-
deployed position and a deployed position (see Figs 4&5 show pivoting of the hydrofoil) in which the wake-modifying device is pivoted downwardly relative to its non-deployed position, and each wake-modifying device has a curvilinear lower edge in the deployed position. The examiner considers the flat upper side of the face of the disc shaped foil #78 to be forward facing in the deployed position and to be of an arcuate outer contour.
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.
Claims 39-42 are rejected under 35 U.S.C. 103 as being unpatentable over Castillo. Castillo discloses the invention set forth above, including ort and starboard actuators hydraulic actuators which control movement of the wake modifying devices #76. The examiner take official notice that the claimed functionality of a controller with user selectable options to receive an input for surfing and position the wake modifying devices to the deployed positions as well-known features of control mechanisms for trim tabs, deflectors, or wake modifying devices common in the art. While the dislosed controls may not explicitly recite user selectable options as a “port-side surf option” or “starboard-side surf option” such are mere naming conventions for control of the wake-modifying devices.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Castillo with known controller operations which allow user selectable options for deploying the wake-modifying devices. Doing so enhances the ease of controlling wake modifying devices to optimize the wake generation capabilities.
Allowable Subject Matter
Claims 24-32 are allowed.
Claims 38 and 43 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 if an appropriate terminal disclaimer is filed over prior related patents.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to independent claim 24 appears to be Gasper, US 8578873 which discloses all features of claim 24 including wake modifying devices on the port and starboard side of the centerline of a platform, where the wake modifying device is pivotable on an angle that intersects the centerline of the platform, with an outboard portion of the pivot axis being forward of an inboard portion of the pivot axis (see Fig. 16A). The difference is the wake modifying device of Gasper pivots upwardly from the non-deployed position to the deployed position. Modification of Gapser to read on independent claim 24 would decrease the functionality of the device of Gaspser which is designed to passively deflect upward to ride over a passing wave.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D WIEST whose telephone number is (571)270-5974. The examiner can normally be reached M-F 6:00 - 3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached at 571 272 4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D WIEST/Primary Examiner, Art Unit 3615