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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 20 June 2024 and 11 March 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of Application
Claims 1-5 are pending.
Claim 1 is independent.
This NON-FINAL is in response to communications received 17 July 2026.
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.
(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 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bjornsson et al. (US 20190079112 A1), hereinafter Bjornsson.
Regarding claim 1, Bjornsson discloses:
A planing boat sailing assisting device comprising (Abstract, A method of monitoring wave slam on a vessel includes measuring acceleration forces from mechanical shocks on the vessel using one or more sensors communicatively coupled to a computing unit. Generating real-time acceleration information representative of the wave slam based at least in part on the data obtained from the sensors. Generating acceleration prediction information representative of a predicted wave slam based at least in part on the generated real-time acceleration information. Presenting at least one of the generated real-time acceleration information or acceleration prediction information to an intended recipient; [0002], Small craft vessels that average from 3 to 20 meters in length and are capable of reaching speeds in excess of 20 knots are often referred to as planing crafts or planning vessels.):
a sensor to be mounted on a planing boat to sense waves (Fig. 3; Fig. 4; [0039], Referring to FIGS. 3 and 4, a monitoring/alerting system for detecting and predicting wave slam and alerting a vessel operator of the same can include a planing hull craft 1, a computing unit 2, one or more sensors 3-6, and a display unit 7. The one or more sensors 3-6 are arranged to collect acceleration data, which may be computed by the computing unit 2 and/or sensors 3-6 as acceleration over time. The measurements may, for example, be the root mean square values of the number of impacts experienced over a chosen period of time.);
a data processing apparatus including a processor configured or programmed to generate wave data related to the waves around the planing boat based on data obtained by the sensor and output the wave data to at least one of a wave display to display information related to the waves in accordance with the wave data, or a controller to control a propulsion unit of the planing boat in accordance with the wave data; wherein ([0039], Referring to FIGS. 3 and 4, a monitoring/alerting system for detecting and predicting wave slam and alerting a vessel operator of the same can include a planing hull craft 1, a computing unit 2, one or more sensors 3-6, and a display unit 7. The one or more sensors 3-6 are arranged to collect acceleration data, which may be computed by the computing unit 2 and/or sensors 3-6 as acceleration over time. The measurements may, for example, be the root mean square values of the number of impacts experienced over a chosen period of time; [0042], The computing unit 2 is communicatively coupled to sensors 3-6 and can provide information to an operator and/or remote data representative of accelerations from mechanical shocks impacting a vessel or planing hull craft 1. The computing unit 2 can include an I/O module arranged to communicate information between the computing unit 2 and the sensors 3-6. The computing unit 2 may be implemented using various items of computing hardware, including processors, memory, storage, communication hardware, and the like. It will be appreciated that the computing unit 2 may also be arranged to communicate information between the computing unit 2 and additional instruments and modules arranged to help the monitoring system to provide more accurate real-time acceleration information and acceleration predictions as discussed below. For instance, an I/O module of the computing unit 2 can be communicatively coupled via a network interface card to a communications network module 10 (such as a network router or other hardware device) that integrates marine electronic equipment on vessels (for example, hardware using NMEA 2000 protocols), engine data instruments 11, external weather data receivers 12, wind data instruments 13, GPS receiver(s) 14, and/or a nautical chart plotter 15 with the monitoring system.)
the sensor includes an image sensor to obtain not reflected light of laser light applied to a water surface obliquely below the sensor but natural visible light or infrared light coming from the water surface obliquely below the sensor using a global shutter ([0045], In an embodiment, the modules can include laser imaging and radar instruments 29 arranged to generate and/or present both visual and sensor-based data. For instance, the modules can include 360 degree cameras and Light Detection and Ranging (LIDAR) instruments arranged to provide visual and sensor-based data including, but not limited to, height, length, and distance to one or more waves. Such information can then be input in a data collection process as discussed below to enhance predicative capabilities of the present disclosure.);
and the processor is configured or programmed to ([0039], a computing unit 2,)
(i) obtain, at a frame rate of equal to or higher than 10 FPS and equal to or lower than 100 FPS, sensor-obtained data obtained by the sensor and related to the natural visible light or infrared light coming from the water surface obliquely below the sensor so that at least one of a state in which the waves disappear due to mutual interference between the waves or a state in which the waves are amplified due to mutual interference between the waves is observable ([0075], the data collection process may include the use of 360 degree cameras and LIDAR sensing methods or other laser imaging and radar instruments to provide both visual and sensor-based data on wave patterns (e.g., height, length, and distance to waves). This advantageously can help increase predictive capabilities of the present disclosure.),
(ii) based on sets of the sensor-obtained data, generate the wave data related at least to a height of a wave obliquely below the sensor and a time until arrival of the wave at the planing boat, at least once every second ([0053], Act 18 can include using one or more algorithms to more accurately determine real-time acceleration information with each second based on the multiple root mean square inputs from the sensors 3-6 (e.g., multi-axis gyroscopic accelerometers 3-6), repeating the process continuously while the monitoring system is active and in use; [0076], the data collection process may include the use of 360 degree cameras and LIDAR sensing methods or other laser imaging and radar instruments to provide both visual and sensor-based data on wave patterns (e.g., height, length, and distance to waves). This advantageously can help increase predictive capabilities of the present disclosure.),
and (iii) output the generated wave data to at least one of the wave display or the controller ([0061], the monitoring system may include a screen display (shown in FIGS. 3-5) arranged to present a graphical visual output of information (e.g. real-time acceleration information, stored acceleration information, prediction information, etc.) to the operator. The information may be in any suitable form, including, but not limited to forms optimized for, applicability, logic and function, ease of use, understanding, and/or visual appeal.).
Regarding claim 3, Bjornsson discloses:
wherein the sensor includes a stereo camera ([0050], Act 18 can alternatively or additionally include collecting data from multi-axis gyros, accelerometers, engine instruments, wind data instruments, external weather data receivers, nautical chart plotters, GPS receivers, depth measuring instruments, integrated communications network modules, wave buoys, lasers, LiDAR, cameras (including 360 degree cameras), or other instruments.).
Regarding claim 4, Bjornsson discloses:
wherein the processor is configured or programmed to output, to at least one of the wave display or the controller, the wave data related to at least one of the height of the wave obliquely below the sensor, the time until arrival of the wave at the planing boat, and a direction of the wave relative to the planing boat ([0061], the monitoring system may include a screen display (shown in FIGS. 3-5) arranged to present a graphical visual output of information (e.g. real-time acceleration information, stored acceleration information, prediction information, etc.) to the operator. The information may be in any suitable form, including, but not limited to forms optimized for, applicability, logic and function, ease of use, understanding, and/or visual appeal; [0075], the data collection process may include the use of 360 degree cameras and LIDAR sensing methods or other laser imaging and radar instruments to provide both visual and sensor-based data on wave patterns (e.g., height, length, and distance to waves). This advantageously can help increase predictive capabilities of the present disclosure.).
Regarding claim 5, Bjornsson discloses:
wherein the processor is configured or programmed to determine whether to output the generated wave data to at least one of the wave display or the controller based on the generated wave data ([0061], the monitoring system may include a screen display (shown in FIGS. 3-5) arranged to present a graphical visual output of information (e.g. real-time acceleration information, stored acceleration information, prediction information, etc.) to the operator. The information may be in any suitable form, including, but not limited to forms optimized for, applicability, logic and function, ease of use, understanding, and/or visual appeal.).
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.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Bjornsson in view of Johnson (US 20210261226 A1).
Regarding claim 2, Bjornsson does not specifically state:
wherein the sensor is oriented obliquely downward within an angle of 45 degrees from a horizontal direction when the planing boat is in a planing state.
However, Johnson teaches:
wherein the sensor is oriented obliquely downward within an angle of 45 degrees from a horizontal direction when the planing boat is in a planing state ([0117], Each camera may include an orientation sensor and/or accelerometer or similar sensor configured to provide an elevation (e.g., downward pointing angle) and/or an azimuth (e.g., relative heading/bearing) corresponding to respective FOVs 213, 215, and 217, or approximate elevations and/or azimuths may be assumed for a typical mounting (e.g., 45 degree negative elevation and +−110 degree relative azimuth for lateral view cameras 214 and 216, 10 degree negative elevation and zero degree relative azimuth for forward view camera 212).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Johnson into the invention of Bjornsson to include angling a sensor downward 45 degrees as Johnson discloses with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art to create a more robust system that points a sensor or multiple sensors at a surface of a body of water to better measure and anticipate incoming waves. Additionally, the claimed invention is merely a combination of old, well-known elements of a wave slamming prediction system used on a planning boat as disclosed by Bjornsson and pointing sensors at the surface of the body of water at a 45 degree angle downward as taught by Johnson. The combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IZCALLI ANDRE RIOS-AGUIRRE whose telephone number is (571)272-0790. The examiner can normally be reached Monday through Friday 9:00 - 17:00 EST.
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/I.A.R./ Examiner, Art Unit 3666
/SCOTT A BROWNE/ Supervisory Patent Examiner, Art Unit 3666
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