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 .
Status of Claims
This Office Action is in response to the application file on 10 June 2024. Claims 1-11 are presently pending and are presented for examination.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2023-124900, filed on 31 July 2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10 June 2024 and 17 December 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to because of the following:
Fig. 11 is not clear in view of at least fig. 8 and para. [0100]. Where Fig. 11, step “S10” should be “Control in ordinary watercraft maneuvering mode”. It is not clear as fig. 8 shows that “watercraft maneuvering mode” has different modes where on is “ordinary watercraft maneuvering mode”.
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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Fig. 2 “11” {Examiner notes: where “11” is showing either water, water surface or waterline}.
Fig. 6 “101M”, where “101M” is interpreted at least as “a plurality of control modes” (See at least: para. [0060]).
Fig. 11 “S5” (See at least: para. [0100]).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Specification
The disclosure is objected to because of the following informalities:
Para. [0060] page 20, recites “a plurality of control modes” and should include “101M”.
Para. [0100] page 41, recites “where a shift in request is issued” and should include “(Step S5)”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "an engine speed" in line 7. Claim 1 lines 5-6 recite “an engine speed”. It is not clear if “an engine speed” of claim 4 is the same or different than that of claim 1. For purposes of compact prosecution, the Examiner interprets claim 4 to be “the engine speed”. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation “the target power generation engine speed level” " in line 9. Claim 2 lines 3-4 recite “a predetermined target power generation engine speed level”. It is not clear if “the target power generation engine speed level” of claim 4 is the same or different than “a predetermined target power generation engine speed level” of claim 1. For purposes of compact prosecution, the Examiner interprets claim 4 to be “the predetermined target power generation engine speed level”. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation “the target power generation engine speed level is not higher than the target shift-in engine speed level” in lines 9-10. The claim language is not clear when viewed with at least fig. 11 as “the target power generation engine speed level” is not compared with “the target shift-in engine speed level”. Examiner finds steps S3 and S4 to recite “target power generation engine speed level” and step S6 to recite “Target shift-in engine speed level”. However, the comparison in step S6 is only to “Engine speed”. Therefore, the Claim 4 language is not clear in view of fig. 11 as to what the Examiner must find in the prior art. For purposes of compact prosecution, the Examiner interprets “the target power generation engine speed level” to be shown as any “engine speed” in the prior art which is consistent with step S6 of fig. 11.
Claim 5 recites the limitation "an engine speed" in line 7. Claim 1 lines 5-6 recite “an engine speed”. It is not clear if “an engine speed” of claim 7 is the same or different than that of claim 1. For purposes of compact prosecution, the Examiner interprets claim 7 to be “the engine speed”. There is insufficient antecedent basis for this limitation in the claim.
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 (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 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 1-3, 6-7 and 11 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Caouette (US 20100125383 A1) {Cited in the Applicant’s IDS filed 17 December 2024}. See selected figs. from the prior art below.
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Regarding claim 1, Caouette discloses a watercraft propulsion system (system monitoring, communicating and managing power generation, storage, regeneration and propulsion on a marine vessel; See at least: figs. 1-2 and claim 8) comprising: an engine propulsion device (engine, engine control, clutch, generator, propellers; See at least: figs.1-2 and para. [0043]) including a power generator (generator; See at least: figs.1-2); an electric propulsion device (inverter gen. control, generator, propellers; See at least: figs.1-2) connected to a battery (Bat. Mgt unit, High voltage Energy Storage; See at least: figs.1-2) charged by the power generator (See at least: figs.1-2); and a controller (Main Interface Computer; See at least: fig. 2) including at least one operation mode (propulsion and regeneration modes, generator modes, automatic modes, different operating modes; See at least: Abstract and para. [0007]) including an extender mode (Mode idle reverse, Mode forward, Mode reverse, See at least: figs. 4, 7-8 and 10 and paras. [0047] [0068]-[0069] and [0071], where figs. 7-8 and 10 are interpreted with generator switch in either Auto mode or On mode to provide regeneration as shown in the figs.) in which the electric propulsion device generates a propulsive force and the power generator of the engine propulsion device is driven to charge the battery (See at least: fig. 1 which best shows this embodiment, however fig. 2 is also interpreted read on the claim language), the controller being configured or programmed to change an engine speed of the engine propulsion device according to a watercraft speed in the extender mode (See at least: paras. [0042] “...engine/generator...” [0046] “...Each of these positions will command different operating modes through the central computer, depending on the vessel's generator status and/or speed through the water...” [0051] “...the generator switch in AUTO mode (FIG. 4,65); the main computer will check the vessel speed... If the power required is below the optimum generator power band, the exceeding power will be used to recharge the energy storage unit, once a predetermined charged level is attained and the thrust requirements are within the energy storage capabilities, the generator will be shut down automatically until required again...” [0068]-[0069] and [0071] which describe each mode).
Regarding claim 2, Caouette discloses all the limitations of claim 1 as noted above. Additionally, Caouette discloses wherein the controller is configured or programmed to keep the engine speed of the engine propulsion device at a predetermined target power generation engine speed level (optimum generator power band; See at least: para. [0051] with para. [0076] “choice of using a common-rail diesel motor has been important in the overall efficiency of the design, having a wide efficient RPM band allowed for easy match to the motor/generator.” therefore, the diesel motor’s RPM band will correspond to the “optimum generator power band” where a band is known to have a low parameter and high parameter) when the watercraft speed is not higher than a predetermined watercraft speed threshold (See at least: para. [0051] “...thrust increases to a level above a certain specific drain of the energy storage unit...” where thrust is associated with a vessel speed or boat speed) in the extender mode, and to keep the engine speed of the engine propulsion device higher than the target power generation engine speed level when the watercraft speed is higher than the predetermined watercraft speed threshold in the extender mode (See at least: para. [0051] “...If the power required is below the optimum generator power band, the exceeding power will be used to recharge the energy storage unit...” where it is interpreted that the “optimum generator power band” has an associated RPM band which will recharge based on a vessel speed).
Regarding claim 3, Caouette discloses all the limitations of claim 2 as noted above. Additionally, Caouette discloses further comprising a target power generation engine speed level setter (300 Remote Computer Interface; See at least: fig. 5 and para. [0079] “...The remote computer interface can be a portable computer or the vessel main navigation computer with a display and keyboard which is used to access the programs, to set the default settings and the specialized setting required for specific types of marine vessels and to display actual and historic information and warnings...”) operable by a user (See at least: [0079] “...a display and keyboard which is used...” where the user is the one using the keyboard and display) to variably set the target power generation engine speed level (See at least: para. [0051] with para. [0076] and para. [0079] “to set the default settings and the specialized setting required for specific types of marine vessels” which is not limited, therefore includes setting “the optimum generator power band” or “RPM band”).
Regarding claim 6, Caouette discloses all the limitations of claim 1 as noted above. Additionally, Caouette discloses wherein the watercraft speed is a watercraft log speed (thru-hull speed sensor; See at least: para. [0065]).
Regarding claim 7, Caouette discloses all the limitations of claim 1 as noted above. Additionally, Caouette discloses wherein the watercraft speed is a watercraft ground speed (ground speed output from navigation equipment (GPS); See at least: para. [0065]).
Regarding claim 11, Caouette discloses all the limitations of claim 1 as noted above. Additionally, Caouette discloses a watercraft (marine vessel; See at least: abstract) comprising: a hull (mono-hull; See at least: para. [0043] “single engine vessels and especially mono-hull sailboats”); and the watercraft propulsion system according to claim 1 (See at least: rejection to claim 1 above) mounted on the hull.
Claims 9-10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Ward et al. (US 8992274 B1). See selected figs. from the prior art below.
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Regarding claim 9, Ward et al. discloses a watercraft propulsion system (A hybrid propulsion system; See at least: abstract and figs. 1-3) comprising: an electric propulsion device (motors 16, 16a or 16b, transmissions 23, 23a or 23b, propulsors14, 14a or 14b; See at least: figs. 1-3) to be connected to a battery (plurality of rechargeable storage batteries 26a, 26b, 26c;See at least: figs. 1-3) charged by a power generator (motors 16, 16a or 16b; See at least: col. 4 lines 46-48 “...a Hybrid Regeneration Mode wherein the motors 16a, 16b are controlled to perform as generators, thereby providing recharge current to the batteries 26a, 26b, 26c...”) driven by an engine (engines 18, 18a, or 18b; See at least: col. 4 lines 48-51 “...The latter situation occurs, for example, when both the motors 16a, 16b and engines 18a, 18b are connected in parallel via the respective driveshafts 22a, 22b...”); and a controller (control circuit 28; See at least: figs. 1-3) configured or programmed to change a speed (output speed; See at least: col. 4 lines 15-28 “...The command control sections 28a, 28a' are programmed to convert the user inputs into electronic commands and then send the commands to other control circuit sections in the system 10. In this example, the other control circuit sections include transmission/engine control circuits (PCM) 28b, 28b' that control engine/transmission/shifting and read signals regarding transmission state and output speed; thermal, clutch motor interface modules (TCIM) 28c, 28c' that control the cooling system, clutches 20a, 20b, and provide communication interface between the CAN 24 and a control circuit section (not shown) for the motors 16a, 16b; and drive control modules (TVM) 28d, 28d' that receive commands from the CCM 28a, 28a' and control for example a pod drive to a particular steering angle...”) of the engine according to a watercraft speed (GPS receiver 41, speed of the vessel 12; See at least: col. 5 lines 1-9 “...The marine vessel 12 can also include at least one GPS receiver 41, for example provided at the user interface 30. The GPS receiver 41 optionally can have its own microprocessor having computer readable medium and executable code, as well as a memory. The GPS receiver 41 is configured to receive GPS satellite signals and calculate the current global position of the marine vessel 12, as well as the current speed of the marine vessel in terms of speed over ground (SOG) and course over ground (COG) and communicate this information to the control circuit 28...” and col. 7 lines 60-64 “...In Second Control Mode, the system 10 described herein allows an operator to manually balance speed of the vessel 12, regeneration of the batteries 26, and fuel economy while underway based on different combinations of actuation of the first and second user input devices...”).
Regarding claim 10, Ward et al. discloses all the limitations of claim 1 as noted above. Additionally, Ward et al. discloses further comprising an outboard motor (fig. 2; See at least: fig. 2 and col. 3 lines 28-32 “...FIG. 1 depicts an inboard/outboard marine arrangement; however the concepts disclosed in this application are applicable to any type of marine propulsion system, such as for example an outboard motor arrangement. FIG. 2 depicts an outboard motor 31 according to such an arrangement...”) including the engine.
Regarding claim 12, Ward et al. discloses all the limitations of claim 1 as noted above. Additionally, Ward et al. discloses a watercraft (marine vessel 12; See at least: fig. 1) comprising: a hull (marine vessel 12; See at least: fig. 1); and the watercraft propulsion system according to claim 9 (See at least: rejection to claim 9 above) mounted on the hull (See at least: fig. 1).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4-5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Caouette (US 20100125383 A1) in view of Arbuckle et al. (US 8454402 B1). See selected figs. from the prior art below.
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Regarding claim 4, Caouette discloses all the limitations of claim 2 as noted above. Additionally, Caouette discloses wherein the engine propulsion device includes an engine (Engine; See at least: figs. 1-2), a propeller (propellers ; See at least: figs. 1-2), and a shift mechanism (clutch; See at least: fig. 2) to interrupt a power transmission path between the engine and the propeller (See at least: fig. 2); the engine propulsion device is configured to allow the shift mechanism to shift in at an engine speed of not higher than a predetermined target shift-in engine speed level; and the target power generation engine speed level is not higher than the target shift-in engine speed level.
However, Caouette does not disclose the claim language above in italics.
Arbuckle et al., in a similar field of endeavor, teaches the engine propulsion device (engine 18, clutch 20, driveshaft 22, transmission 24, propulsor 14; See at least: figs. 1-2) is configured to allow the shift mechanism (clutch 20; See at least: figs. 1-2) to shift in at an engine speed (speed of engine; See at least: figs. 6-7 and col. 10 lines 20-21) of not higher than a predetermined target shift-in engine speed level (predetermined threshold amount of the speed of engine; See at least: figs. 6-7 and col. 10 lines 21-24 “...If the rotational speed of the driveshaft and/or gear is within a predetermined threshold amount of the speed of engine, at step 314, the control circuit controls the clutch to connect the engine and driveshaft...”); and the target power generation engine speed level (speed of engine; See at least: figs. 6-7 and col. 10 lines 20-21) is not higher than the target shift-in engine speed level (See at least: figs. 6-7 and col. 10 lines 21-24).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the main interface computer’s program of Caouette with features of the control circuit’s 30 program of Arbuckle et al. with a reasonable expectation of success. One of ordinary skill in the art would have been motivated to make this modification for the benefit of minimizing the impact and noise during shifting (See at least: Arbuckle et al. col. 3 lines 15-18 “...to provide systems and methods that improve shifting processes from neutral into either forward or reverse gear so that the impact and noise of the shift event is minimized.”). Further motivation is the benefit is to protect the propulsion system from damage (See at least: Arbuckle et al. col. 3 lines 20-23”...improve shifting processes from forward to reverse gear or vice versa to quickly and efficiently slow and stop movement of a marine vessel and at the same time protect the propulsion system from damage.”).
Regarding claim 5, Caouette discloses all the limitations of claim 2 as noted above. Additionally, Caouette discloses wherein the engine propulsion device includes an engine (Engine; See at least: figs. 1-2), a propeller (propellers ; See at least: figs. 1-2), and a shift mechanism (clutch 20; See at least: figs. 1-2) to interrupt a power transmission path between the engine and the propeller (See at least: fig. 2); the engine propulsion device is configured to allow the shift mechanism to shift in at an engine speed of not higher than a predetermined target shift-in engine speed level; and the controller is configured or programmed to perform a deceleration control to reduce the engine speed of the engine propulsion device to not higher than the target shift-in engine speed level when a shift-in request is received in the extender mode.
However, Caouette does not disclose the claim language above in italics.
Arbuckle et al. in a similar field of endeavor, teaches the engine propulsion device (engine 18, clutch 20, driveshaft 22, transmission 24, propulsor 14; See at least: figs. 1-2) is configured to allow the shift mechanism (clutch 20; See at least: figs. 1-2) to shift in at an engine speed (speed of engine; See at least: figs. 6-7 and col. 10 lines 20-21) of not higher than a predetermined target shift-in engine speed level (predetermined threshold amount of the speed of engine; See at least: figs. 6-7 and col. 10 lines 21-24 “...If the rotational speed of the driveshaft and/or gear is within a predetermined threshold amount of the speed of engine, at step 314, the control circuit controls the clutch to connect the engine and driveshaft...”); and the controller (control circuit 30, controller area network (CAN) 32; See at least: figs. 1-2 col. 5 lines 36-37 “control circuit 30 connected to a controller area network (CAN) 32”) is configured or programmed to perform a deceleration control (See at least: col. 8 lines 4-6 “To avoid damage to the transmission, many current systems automatically prevent the requested shift from occurring until engine speed drops below a calibrated threshold...” where Arbuckle et al. discusses what is known in the prior art) to reduce the engine speed of the engine propulsion device to not higher than the target shift-in engine speed level when a shift-in request (requested shift; See at least: col. 8 lines 4-6) is received in the extender mode.
However, Arbuckle et al. does not disclose the claim language above in italics.
Therefore, claim 5 is rejected for at least the same reasoning as applied to claim 4 above.
Regarding claim 8, Caouette discloses all the limitations of claim 1 as noted above. Additionally, Caouette discloses wherein the engine propulsion device is an outboard motor (outboard motor; See at least: figs. 1-2 and col. 5 lines 29-33 “FIG. 1 depicts a stern drive marine arrangement; however the concepts disclosed in this application are applicable to any type of marine propulsion system, such as for example an outboard motor arrangement. FIG. 2 depicts an outboard motor 28 according to such an arrangement”).
Therefore, claim 8 is rejected for at least the same reasoning as applied to claim 4 above.
Additional Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure and may be found in the accompanying PTO-892 Notice of References Cited:
Tamba (US 20110237141 A1) teaches a hybrid marine drivetrain where the internal combustion engine is regulated to power supply of the AC power circuit and operates with different modes (See at least fig. 7 for different modes). This is applicable to at least claim 1.
Caouette (US 20120101671 A1) teaches a marine hybrid system where the operation of a prime mover ICE, the generator and the electric motor based at least in part on the selected operating mode (See at least: Figs. 1-8 and para. [0016] for plurality of operating modes). This is applicable to at least claim 1.
Suzuki et al. (US 20130115832 A1) teaches a marine vessel propulsion device which charges a battery 12 from the engine 6/electric generator 49 (See at least: para. [0145] and figs. 11). This is applicable to at least claim 1.
Kadobayashi (US 20220126963 A1) teaches a vessel operation system and vessel where the vessel operation system 3 additionally includes a battery 69 that is installed in the hull 2 and supplies electric power to the trolling motor 5 and a converter 70 that converts the electric power generated by the generator 44 of the outboard motor 4 to electric power to charge the battery 69 (See at least: para. [0061] and figs. 1-3). This is applicable to at least claim 1.
Gonring et al. (US 20230174215 A1) teaches a marine propulsion and generator system where the marine propulsion system further includes a control system configured to operate the engine in a propulsion mode and a generator mode. Upon receiving a generator mode command to start the engine in the generator mode, the control system operates the engine in accordance with a set of generator parameters to charge the battery while a shift system of the marine propulsion system is locked in a neutral position such that the propulsor cannot be engaged. (See at least: para. [0011] and fig. 1). This is applicable to at least claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC ANTHONY STARCK whose telephone number is (571)272-6651. The examiner can normally be reached Monday - Friday 8:00 am - 4:00 pm Eastern Standard Time (EST).
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, 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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/ERIC ANTHONY STARCK/Examiner, Art Unit 3615B
/LARS A OLSON/Primary Examiner, Art Unit 3615B
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