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 .
The amendment filed on 7/6/2026 has been entered.
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 1-24 are rejected under 35 U.S.C. 103 as being unpatentable over German Reference (DE 20 2021 101495 herein referred as DE’495 and as evidenced by the English Translation) in view of Smith et al (US 10023278).
With respect to claim 1, DE’495 discloses a device for protecting a boat hull, including the device comprising: a box 1 that comprises a slot-shaped opening, and
a fender element 2 that is inflatable from a deflated state to an inflated state and is
attached to the box 1, wherein the fender element includes: a flexible, waterproof shell 2 which, in the deflated state, forms a bag 2 (see Fig. 2) that is housed inside the box 1, the shell having an external face of which delimits a chamber with the box 1, which is connected to or is suitable for being connected to an inflation/deflation device 4-6, wherein, in the deflated state, said bag/shell 2 is suitable for being deployed outside the box 1 by passing through the opening and turning inside out, by air being blown under pressure into said chamber, and for being inflated outside the box 1 to form an elongate tube (see Fig. 1) which extends lengthwise parallel to the longitudinal axis of the elongated tube (Fig 1), so that after deployment and inflation of said shell 2 outside the box 1, said external face of the deflated bag forms an internal face of said inflated tube, and wherein, in the inflated state, said shell is suitable for being deflated and retracted inside the box , passing through the slot-shaped opening by forced extraction of the air contained in said chamber (see Figs. 1-2, Abstract and Description).
With respect to claim 2, DE’495 discloses a length of said tube in the inflated state is greater than a length of the opening (see Fig. 1).
With respect to claim 3, DE’495 discloses an interior volume of the box 1 serving serves as a housing for the fender element 2 in the deflated state and extends lengthwise, in the direction parallel to the longitudinal axis of the slot-shaped
opening, over a length less than the a length of said tube (see Figs. 1-2).
With respect to claim 4, DE’495 the opening defines an opening plane, wherein the-an interior volume of the box 1 serving serves as a housing for the fender element 2 in the deflated state and has a height, which is measured parallel to the opening plane of the opening and in the direction perpendicular to a longitudinal axis of the slot-shaped opening, and a width, which is measured perpendicular to the opening plane of the opening, and wherein said height is greater than the a diameter of said inflated tube (see Fig. 1), and said width is less than the diameter of said inflated tube (see Figs. 1-2 see Description).
With respect to claim 5, DE’495 discloses when deflated and retracted inside the box1 , the fender element 2 in the deflated state occupies almost the-an entire interior volume of the box1.
With respect to claim 6, DE’495 discloses a part of the box 1 that is located facing the opening has, on the inside of the box 1, a concave, curved internal face (see Fig.2).
With respect to claim 7, DE’495 discloses the tube in the inflated state conceals the through-opening over an entire length of said through by a shutter/blocking means (7) (see Figs. 1-2).
With respect to claim 8, DE’495 discloses the flexible, waterproof shell (2) of the fender element is attached to the box 1 on a perimeter of the opening, preferably with a seal (3) over the entire perimeter of the slot shaped opening (See Figs. 1-2, Description).
With respect to claim 9, DE’495 discloses a blocking element means/shutter 7 for blocking the slot-shaped opening of the box 1, which are is movable between a blocked position, in which the opening is blocked, and an open position, in which the slot-shaped opening completely unobstructed and allows the-passage of the fender element by a mechanism 8 for moving the blocking element means/shutter (see Description).
With respect to claim 11, DE’495 discloses an elastic return-means, which is drawn tight during inflation of the fender element 2 and which exert exerts a pulling force on the fender element 2, which contributes to retracting the fender element 2-inside the box during the deflation of the fender element by air extraction (5) (see Figs. 1-2, Description).
With respect to claim 12, DE’495 discloses an inherent method for installing on a boat at least one protection device, which comprises a box 1 that comprises an opening, and a fender element 2 that is inflatable from a deflated state to an inflated state and is attached to the box 1, wherein the fender element includes: a flexible, waterproof shell 2 which, in the deflated state, forms a bag (see Fig. 2) that is housed inside the box 1, the shell having an external face of which delimits a chamber with the box 1, which is connected to or is suitable for being connected to an inflation/deflation device 4-6, wherein, in the deflated state, said bag 1 is suitable for being deployed outside the box 1 by passing through the opening and turning inside out, by air being blown under pressure into said chamber, and for being inflated outside the box 1 to form an elongate tube (see Fig. 1) so that after deployment and inflation of said shell 2 outside the box 1, said external face of the deflated bag forms an internal face of said inflated tube, and wherein, in the inflated state, said shell is suitable for being deflated and retracted inside the box, passing through the slot-shaped opening by forced extraction of the air contained in said chamber (see Figs. 1-2, Abstract and Description).
wherein the method comprises making during which a through-opening is made in a wall 3 of the a hull of the boat; and attaching the box 1 of the protection device is attached to the an inside of the hull, so as to position the opening of said box 1 facing said through-opening in the wall 3 of the hull and to allow the shell of the fender element 2 of the protection device to be deployed through the wall 3 of the hull and outside the hull (see Abstract, Description and Claims).
With respect to claim 17, DE’495 discloses a wall 3 of a hull 2, wherein in which at least one opening is made, said boat being equipped with and at least one protection device according to claim 1, the box 1 of the at least one protection device being attached to the an inside of the hull, so as to position the opening of the box 1 of the protection device facing said through-opening in the wall 3 of the hull 2, and to allow the shell of the fender element 2 of the protection device to be deployed through the wall of the hull and outside the hull (see Figs. 1-2, Abstract and Descrption).
However, DE’495 fails to specifically teach the opening is a slot-shaped through opening and the elongate tube extending lengthwise parallel to the longitudinal axis of the slot-shaped opening.
Smith et al. discloses a boat hull protection system comprising a slot-shaped opening with a splashrail 62 and the inflatable fender assembly/elongate tube 20 allowing inflatable member 22 to expand away from the vessel’s hull when inflatable compartments 24 are being inflated and the inflatable fender assembly/elongate tube 20 extending lengthwise parallel to the longitudinal axis of the slot-shaped opening (see Figs. 1, 2B, 2C and 3, col.3, lines 37-59).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the opening of DE’495 to be a slot-shaped and the elongate tube to be extended along the axis of the opening as taught by Smith et al in order to protect wider area along the hull with one elongate tube.
With respect to claim 10, although DE’495 fails to discloses or fairly suggest the blocking means/shutter 7 includes a sliding hatch, it would have been obvious to one of ordinary skill in the art before the effective filing date to replace the shutter with a notoriously old and well known sliding hatch in order to efficiently open and close for protecting the fender element while not in use.
With respect to claims 13 and 18, DE’495 fails to specifically disclose the opening is slot-shaped and is horizontal.
Smith et al. discloses a boat hull protection system comprising a slot-shaped opening with a splashrail 62 which is horizontal (see Fig. 2C, col. 3, lines 14-24).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the opening of DE’495 to be a slot-shaped being horizontal as taught by Smith et al in order to protect wider area along longitudinal axis of the vessel/the hull with elongate tube/fender assembly.
With respect to claims 14 and 19, DE’495 disclose the through-opening is not mentioned to be horizontal (see Figs. 1-2, Abstract and Description).
With respect to claims 15, 16, 20 and 21, DE’495 fails to specifically discloses the at least one protection device comprises at least two protection devices and at least two/a plurality of through-openings, preferably forming horizontal slots, the box of a respective one of the at least two protection device is attached to the inside of the hull, so as to position the slot-shaped opening of the box of the protection device facing said corresponding through-opening in the wall of the hull, as recited in claim 15 and 20 and a separation between two through-openings in the wall of the hull is provided such that the shells of the fender elements are capable of being inflated outside the hull, while being aligned end-to-end, with no space between the shells of the fender elements (2) as recited in claim 16 and 21.
Smith et al. discloses a boat hull protection system comprising the at least one protection device 20 comprises at least two protection devices and at least two/a plurality of through-openings are made in the wall \ of the hull of the boat, preferably forming horizontal slots (see Fig. 2C, col. 3, lines 14-24) which are aligned and separated from each other, and for each of these openings, the box/splashrail assembly 60 of a respective one of the at least two protection device is attached to the inside of the hull, so as to position the slot-shaped opening (see Fig. 2C) of the box of the protection device 22 facing said corresponding through-opening in the wall of the hull, and to allow the shell/splashrail 62 of each fender element 22 to be deployed through the wall of the hull and outside the hull as recited in claim 15 and 20 and a separation between two through-openings in the wall of the hull (see Fig.2C & 2H) is provided such that the fender element 22 are capable of being inflated outside hull while being aligned end-to-end, with no space between the shells/splashrail 62 of the fender elements 22 (see Fig. 2C & 4, col.3, lines 4-59) as recited in claim 16 and 21.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the opening of DE’495 to have at least two slot-shaped through openings being horizontal as taught by Smith et al in order to protect wider area around the hull of the vessel.
With respect to claims 22-24, although DE’495 fails to specifically discloses a length of the through-opening in the wall 3 of the hull is greater than or equal to a length of the opening of the box 1 as recited in claim 22, a length of the through-opening in the wall 3 of the hull is less than a length of the fender element of the protection device, in the inflated state as recited in claim 23, and the width of the through-opening in the wall 3 of the hull is less than a width of the opening of the box of the protection device as recited in claim 24, it would have been obvious to one of ordinary skill in the art before effective filing date to provide such a dimension of the through-opening of the box in order to utilize such shape of the openings for the purpose of protecting the certain area of the hull.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jong-Suk (James) Lee whose telephone number is (571) 272-7044. The examiner can normally be reached Monday thru Thursday 6AM- 4PM. 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.
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/JONG-SUK (JAMES) LEE/Supervisory Patent Examiner, Art Unit 2875
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