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 .
Response to Amendment
The amendment filed 03/27/2026 is being entered. Claims 1 and 17 are amended. Claims 2 and 18 are canceled. Claim 21 is a new claim. Claims 1, 3-17, and 19-21 are pending, and rejected as detailed below. This action is final as necessitated by amendment.
Drawing Objections
Replacement sheet for FIG. 3-6 are entered. Therefore the drawing objection for FIG. 4-6 have been withdrawn.
Response to Arguments
Claim 1 and 17
Applicant argues that Reynolds is directed to water sport apparatuses such as surfboards, kiteboards, wakeboards, foil boards, and the like that are provided with a propulsion system to provide an initial acceleration to help the user propel the board to e.g., catch a wave (see, for example, paragraphs [0001] and [0002] and Figs. 1-3 of Reynolds). The water sport apparatuses disclosed by Reynolds include a board 110 that is not configured to or capable of planing on the water surface, as the term "planing" is understood by one of ordinary skill in the water sports or watercraft arts. Accordingly, there would have been no reason or motivation to have modified the controller 234 of Reynolds to propel the board 110 at a speed that is equal to or higher than a minimum speed at which the board 110 would plane on the water surface, assuming arguendo that the board 110 could plane on the water surface. Although the Examiner rejected Applicant's claims 2 and 18 over Reynolds, the Examiner failed to explain how the speed threshold disclosed by Reynolds has anything to do with a planing speed (see, for example, the paragraph bridging pages 6 and 7 and the first full paragraph on page 20 of the Office Action). Thus, Reynolds fails to teach or suggest the features of "a propulsion device to be on or in a hull that is able to be changed between a non-planing state and a planing state," "a controller configured or programmed to ... perform an in-wave vessel speed control to adjust the vessel speed based on information regarding upward-downward movement of the hull," and "the controller is configured or programmed to perform the in-wave vessel speed control such that the vessel speed becomes equal to or higher than a predetermined minimum vessel speed that is equal to or higher than a minimum speed at which the hull is able to be in the planing state in an in-wave vessel speed control mode in which the in-wave vessel speed control is performed," as recited in Applicant's claim 1, and similarly recited in Applicant's claim 17. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the rejection of claims 1 and 17 under 35 U.S.C. § 102(a)(1) as being anticipated by Reynolds.
Applicant’s arguments, as amended herein, with respect to the rejections of claims 1 and 17 under 35 U.S.C. §102 have been fully considered and not persuasive as Planing and non-planing states are inherent features of any water sport apparatuses that subjected to acceleration. Therefore, the board 110 of Reynolds is capable of planing on the water surface as the board 110 is subjected to acceleration. Furthermore, Reynolds talks about the lift of the board 110 without the propulsion system in [para. 0064] and lift of the board 110 with the propulsion system in [para. 0214]. Furthermore, Reynolds is motivated to modify the controller 234 to propel the board 110 at a speed that is equal to or higher than a minimum speed at which the board 110 would plane on the water surface so that the drag can be reduced the board 110 [para. 0066]. Furthermore, Reynolds teaches "a controller configured or programmed to ... perform an in-wave vessel speed control to adjust the vessel speed based on information regarding upward-downward movement of the hull," and "the controller is configured or programmed to perform the in-wave vessel speed control such that the vessel speed becomes equal to or higher than a predetermined minimum vessel speed that is equal to or higher than a minimum speed at which the hull is able to be in the planing state in an in-wave vessel speed control mode in which the in-wave vessel speed control is performed," in [para. 216-217] so that the control system is able to adjust the propulsion system based on the lift force that suspend the board 110 above the water. As a result, the user is able to maintain and improve ride predictability and safety of the board 110 [para. 0080].
Claim 21
Applicant argues that Reynolds Paragraph [0228] primarily discloses that the board 110 may be subjected to a large acceleration or to a small acceleration, but in the case of a large acceleration, the controller 234 is configured to control the drive system so that the board 110 does not accelerate past the maximum speed set by the maximum speed parameter. Neither paragraph [0228] nor any other paragraph of Reynolds teaches or suggests to increase a change in the speed of the board 110 when the speed becomes equal to or lower than a predetermined vessel speed threshold, let alone a threshold that is greater than a predetermined minimum vessel speed by a predetermined amount. Accordingly, Applicant respectfully submits that a rejection of claim 21 under 35 U.S.C. § 102(a)(1) as being anticipated by Reynolds would be improper for at least the reasons set forth above.
Applicant’s arguments, as amended herein, with respect to the new claim 21 have been fully considered and not persuasive. More specifically, Reynolds teaches the minimum speed at which the propulsion system 220 is to be activated [para. 0203], wherein the minimum speed at which the propulsion system 220 is to be activated can be seen as a predetermined minimum vessel speed. Reynolds also teaches the controller 234 does not accelerate the water sport apparatus 200 via the propulsion system a speed that is greater than the maximum speed parameter [para. 0134]. In other words, propulsion system in Reynolds can be activated based on the minimum speed of the board and can be deactivated based on the maximum speed of the board, wherein the maximum speed parameter of REYNOLDS is the claimed predetermined vessel speed threshold. Reynolds also teaches how the controller increases the speed of the board in relation to the first speed estimate and the second speed estimate [para. 0228]. Resultantly, the maximum speed parameter of Reynolds is greater than the predetermined minimum vessel speed of Reynolds thus positioning the first speed estimate and the second speed estimate in between the maximum speed parameter and the minimum speed parameter. Reynolds also teaches the claimed predetermined amount with thrust time window input is indicative of a length of a time window associated with activation of the propulsion system 220 [para. 0241]. In particular, the new claim 21 is addressed in the instant office action.
Applicant argues that in anticipation of the Examiner considering rejecting Applicant's claims 1, 17, or 21 under 35 U.S.C. § 103 as allegedly being obvious over Reynolds, Applicant notes that one having ordinary skill in the art at the time of Applicant's claimed invention would not have had any reason or motivation to modify the embodiments or features of Reynolds to include all of the features recited in Applicant's claims 1, 17, or 21 because there would have been no reason or motivation to explain why providing such an arrangement would have been beneficial or otherwise desirable. As the Examiner is aware, "Rejections on obviousness grounds cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness." (In re Kahn, 441 F. 3d 977, 988 (Fed. Cir. 2006), cited with approval in KSR Int' Co. v. Teleflex Inc., 127 S.Ct. 1727, 1741 (2007)). Applicant also argues that claims 3-16, 19, and 20 depend upon claims 1 and 17, and are therefore allowable for at least the reasons that claims 1 and 17 are allowable.
Applicant’s arguments with respect to claim(s) claims 1, 17, or 21 under 35 U.S.C. § 103 have been considered but are moot because claim 1, 17, and 21 are rejected under 35 U.S.C. § 102. Applicant’s arguments with respect to the claims 3-16, 19, and 20 have been fully considered and not persuasive as the independent claim 1 and 17 are rejected as being anticipated by Reynolds.
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.
Claim(s) 1, 3-6, 9-17, and 19-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by REYNOLDS (WO 2023077187 A1).
Regarding claim 1, REYNOLDS teaches (Currently amended) A marine propulsion system (REYNOLDS, at least one para. 0068; “Fig. 2 shows an underside view of a water sport apparatus 200, according to some embodiments. Fig. 3 shows a top view of the water sport apparatus 200. The water sport apparatus 200 comprises a jet system 210. ”) comprising:
a propulsion device (REYNOLDS, at least one para. 0069; “The jet system 210 comprises a propulsion system 220.”) to be on or in a hull (REYNOLDS, at least one para. 0070; “The propulsion system 220 comprises a drive system 230. The drive system comprises a motor 236. The motor 236 comprises a stator. The motor 236 comprises a rotor.”) and (REYNOLDS, at least one para. 0087; “By way of example, the position of the drive system 230 in the board 110 is shown as a dash-dot line in Fig. 2.”) that is able to be changed between a non-planing state and a planing state (REYNOLDS, at least one para. 0058; “The water sport apparatus 100 is configured to pitch (tilt frontrear) about a pitch axis 106 which passes through the centre of mass 102.”, furthermore it is obvious that Planing and non-planing states are inherent features of any water sport apparatuses that subjected to acceleration); and
a controller configured or programmed to control driving of the propulsion device to adjust a vessel speed (REYNOLDS, at least one para. 0206; “At 1008, the controller 234 activates the propulsion system 220. The controller 234 activates the propulsion system 220 in accordance with the activation configuration. In particular, the controller 234 activates the drive system 230. The controller 234 activates the drive system 230 to drive the impeller 222.”), and perform an in-wave vessel speed control to adjust the vessel speed based on information regarding upward-downward movement of the hull (REYNOLDS, at least one para. 0228; “At 1006, the controller 234 may compare the first speed estimate to the speed threshold. At 1006, the controller 234 may also compare the second speed estimate to the speed threshold. The controller 234 may also compare the first speed estimate to the second speed estimate, and calculate a difference between the first speed estimate and the second speed estimate. A large change in the speed estimate per unit of time represents a large acceleration. A large acceleration (or large increase in acceleration) may indicate that the user is about to catch and ride on a more powerful wave, as the greater height, speed, and/or pitch of the wave quickly accelerates the board towards the maximum speed set by the maximum speed parameter. A small change in the speed estimate per unit of time represents a slow acceleration. A slow acceleration (or slow increase in acceleration) may indicate that the user is about to catch and ride on a less powerful wave, as the lower height, speed, and/or pitch of the wave gradually accelerates the board towards the maximum speed set by the maximum speed parameter. To avoid accelerating past the maximum speed set by the maximum speed parameter, the controller 234 may be configured to deactivate the drive system 230. For a large acceleration, a decrease in thrust or deactivation of the drive system 230 occurs sooner compared to a slower or more gradual acceleration, in order to avoid exceeding the maximum speed.”);
wherein the controller is configured or programmed to perform the in-wave vessel speed control such that the vessel speed becomes equal to or higher than a predetermined minimum vessel speed that is equal to or higher than a minimum speed (REYNOLDS, at least one para. 0216-0217; “The controller 234 may compare the value of the current parameter at the second time to the current threshold. The value of the current parameter at the first time being greater than the current threshold indicates that at or near the first time, one or both of the first inlet opening 243 and the second inlet opening 263 were in contact with water. The value of the current parameter at the second time being equal to or less than the current threshold indicates that at or near the second time, the first inlet opening 243 and the second inlet opening 263 were not in contact with water, and therefore, that the board 110 is suspended above the water. Thus, the value of the current parameter transitioning from being greater than the current threshold (when the propulsion system 220 is propelling water through the jet system body 210) to equal to or less than the current threshold (when one or both of the first inlet opening 243 and the second inlet opening 263 are not in contact with water) is indicative of the board 110 having been lifted above the water by the lift force. In response to this determination, the controller 234 deactivates the drive system 230. In particular, the controller 234 deactivates the drive system 230 when the value of the current parameter at the first time is above the current threshold and the value of the current parameter at the second time is below the current threshold. The controller 234 may deactivate the drive system 234 by deactivating the motor 236.”) and (REYNOLDS, at least one para. 0205; “At 1006, the controller 234 compares the speed estimate to a speed threshold. The speed threshold may be stored in memory 237. The speed threshold is associated with a minimum speed at which the propulsion system 220 is to be activated.”) at which the hull is able to be in the planing state in an in-wave vessel speed control mode in which the in-wave vessel speed control is performed (REYNOLDS, at least one para. 0238; “the controller 234 advantageously controls the propulsion system 220 to propel the water sport apparatus 200 according to a predetermined activation configuration, with minimal interaction required by the user. Once the user provides the propulsion system activation input, the controller 234 delays activating the propulsion system for the intended time delay associated with the propulsion system activation delay input. This enables the user to increase the speed of the water sport apparatus 200 (e.g. by paddling), prior to activation of the propulsion system 220.”, in other words, when the user provide acceleration through the paddling action before the board reaches the minimum speed at which the propulsion system is activated, the board is considered to be in the planinig state because the board is subjected to acceleration).
Regarding claim 3, REYNOLDS teaches (Original) The marine propulsion system according to claim 1, wherein the controller is configured or programmed to perform a notification control to notify a vessel user that the vessel speed has become the predetermined minimum vessel speed when the vessel speed has become the predetermined minimum vessel speed in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0249; “The computing device 253 is configured to provide an output to the user indicative of the value of one or more of the operational parameters, using the computing device user interface 257. For example, the computing device 253 is configured to provide an output indicative of the value of one or more of the thrust estimate parameter, the acceleration estimate parameter, the velocity estimate parameter, the speed estimate parameter, the total wave count parameter, the number of turns parameter, the distance travelled parameter, the maximum turn acceleration parameter, the pumping distance parameter, the cadence parameter, the second pumping distance parameter and/or another parameter, using the computing device user interface 257.”).
Regarding claim 4, REYNOLDS teaches (Original) The marine propulsion system according to claim 1, wherein the controller is configured or programmed to increase a change in the vessel speed when the vessel speed becomes equal to or lower than a predetermined vessel speed threshold that is greater than the predetermined minimum vessel speed (REYNOLDS, at least one para. 0228; “At 1006, the controller 234 may compare the first speed estimate to the speed threshold. At 1006, the controller 234 may also compare the second speed estimate to the speed threshold. The controller 234 may also compare the first speed estimate to the second speed estimate, and calculate a difference between the first speed estimate and the second speed estimate. A large change in the speed estimate per unit of time represents a large acceleration. A large acceleration (or large increase in acceleration) may indicate that the user is about to catch and ride on a more powerful wave, as the greater height, speed, and/or pitch of the wave quickly accelerates the board towards the maximum speed set by the maximum speed parameter. A small change in the speed estimate per unit of time represents a slow acceleration. A slow acceleration (or slow increase in acceleration) may indicate that the user is about to catch and ride on a less powerful wave, as the lower height, speed, and/or pitch of the wave gradually accelerates the board towards the maximum speed set by the maximum speed parameter.”, In other words, propulsion system in Reynolds can be activated based on the minimum speed of the board and can be deactivated based on the maximum speed of the board, wherein the maximum speed parameter of REYNOLDS is the claimed predetermined vessel speed threshold. Reynolds also teaches how the controller increases the speed of the board in relation to the first speed estimate and the second speed estimate. Resultantly, the maximum speed parameter of Reynolds is greater than the predetermined minimum vessel speed of Reynolds thus positioning the first speed estimate and the second speed estimate in between the maximum speed parameter and the minimum speed parameter.) by a predetermined amount in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0241; “At 1202, the controller 234 receives a thrust time window input. The thrust time window input is indicative of a length of a time window associated with activation of the propulsion system 220. In particular, the thrust time window input is indicative of an intended time duration for which the controller 234 is to activate the propulsion system 220 in response to receiving a propulsion system activation input. A value of the thrust time window input may correspond to an intended time duration for which the controller 234 is to activate the propulsion system 220. The controller 234 may receive the thrust time window input via the user interface 229. The controller 234 may store the thrust time window input in memory 237.”, wherein thrust time window input is indicative of a length of a time window associated with activation of the propulsion system 220 of REYNOLDS teaches the predetermined amount).
Regarding claim 5, REYNOLDS teaches (Original) The marine propulsion system according to claim 4, wherein the controller is configured or programmed to:
perform the in-wave vessel speed control based on a value obtained by averaging the information regarding upward-downward movement of the hull (REYNOLDS, at least one para. 0228; “At 1006, the controller 234 may compare the first speed estimate to the speed threshold. At 1006, the controller 234 may also compare the second speed estimate to the speed threshold.”) over a predetermined period of time (REYNOLDS, at least one para. 0231; “In some embodiments, the controller 234 requires first speed estimate time and the second speed estimate time to be within an allowable time window, for the controller 234 to activate the drive system 230.”); and
reduce the predetermined period of time during which the averaging is performed to increase the change in the vessel speed when the vessel speed becomes equal to or lower than the predetermined vessel speed threshold in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0228; “A large change in the speed estimate per unit of time represents a large acceleration. A large acceleration (or large increase in acceleration) may indicate that the user is about to catch and ride on a more powerful wave, as the greater height, speed, and/or pitch of the wave quickly accelerates the board towards the maximum speed set by the maximum speed parameter.”, In other words, the drive system 230 accelerates the board 200 thus increasing the vessel speed so that the maximum speed parameter can be quickly met. As a result, the quick acceleration reduce the period of time that the board 200 requires to reach the maximum speed parameter.).
Regarding claim 6, REYNOLDS teaches (Original) The marine propulsion system according to claim 5, wherein the controller is configured or programmed to, in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0208; “It should be noted that in some embodiments, the controller 234 may activate the drive system 230 automatically, when one or more conditions are met. For example, in some embodiments, the controller 234 may activate the drive system 230 in response to the speed estimate being equal to or greater than the speed threshold. ”), change the predetermined period of time during which the averaging is performed to a first period of time (REYNOLDS, at least one para. 0226; “At 1004, the controller 234 may therefore determine a first speed estimate. The first speed estimate is indicative of a speed of the water sport apparatus 200 at a first speed estimate time. In other words, the first speed estimate is associated with the first speed estimate time.”) so as to increase the change in the vessel speed when the vessel speed becomes equal to or lower than a predetermined first vessel speed threshold (REYNOLDS, at least one para. 0229; “the controller 234 may activate the drive system 230 in response to the first speed estimate being less than the speed threshold”), and change the predetermined period of time during which the averaging is performed to a second period of time that is longer than the first period of time (REYNOLDS, at least one para. 0227; “At 1004, the controller 234 may also determine a second speed estimate. The second speed estimate is indicative of a speed of the water sport apparatus 200 at a second speed estimate time.”) when the vessel speed becomes equal to or higher than a predetermined second vessel speed threshold that is greater than the predetermined first vessel speed threshold after becoming equal to or lower than the predetermined first vessel speed threshold (REYNOLDS, at least one para. 0230; “In some embodiments, the controller 234 may activate the drive system 230 to drive the impeller 222 if the speed of the water sport apparatus 200 has increased between the first speed estimate time and the second speed estimate time, without requiring receipt of the propulsion system activation input. That is, the controller 234 may automatically activate the drive system 230 in response to the speed of the water sport apparatus 200 increasing above the speed threshold from a speed that was below the speed threshold.”).
Regarding claim 9, REYNOLDS teaches (Original) The marine propulsion system according to claim 4, wherein the controller is configured or programmed to:
perform the in-wave vessel speed control based on a value obtained by averaging the information regarding upward-downward movement of the hull (REYNOLDS, at least one para. 0228; “At 1006, the controller 234 may compare the first speed estimate to the speed threshold. At 1006, the controller 234 may also compare the second speed estimate to the speed threshold.”) over a predetermined period of time (REYNOLDS, at least one para. 0231; “In some embodiments, the controller 234 requires first speed estimate time and the second speed estimate time to be within an allowable time window, for the controller 234 to activate the drive system 230.”); and
decrease a parameter to be averaged to increase the change in the vessel speed when the vessel speed becomes equal to or lower than the predetermined vessel speed threshold in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0214; “the current required to rotate the impeller 222 decreases (relative to when they are in contact with water) as rotation of the impeller 222 drives air, rather than water, through the jet system body 212. The current threshold is set such that it is associated with the decrease in current that occurs when one or both of the first inlet opening 243 and the second inlet opening 263 come out of contact with water.”, In other words, the drive system 230 deactivates the board 200 when the vessel speed reaches the maximum speed parameter thus decreasing the required amount of current estimate).
Regarding claim 10, REYNOLDS teaches (Original) The marine propulsion system according to claim 9, wherein the controller is configured or programmed to, in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0208; “It should be noted that in some embodiments, the controller 234 may activate the drive system 230 automatically, when one or more conditions are met. For example, in some embodiments, the controller 234 may activate the drive system 230 in response to the speed estimate being equal to or greater than the speed threshold. ”), change the parameter to be averaged to a first parameter value (REYNOLDS, at least one para. 0213; “The controller 234 may determine the value of the current parameter at the first time using the sensor data. The controller 234 may determine the value of the current parameter at the first time using the operational data. For example, the controller 234 may determine the value of the current parameter at the first time using the motor data.”) so as to increase the change in the vessel speed when the vessel speed becomes equal to or lower than a predetermined first vessel speed threshold (REYNOLDS, at least one para. 0229; “the controller 234 may activate the drive system 230 in response to the first speed estimate being less than the speed threshold”), and change the parameter to be averaged to a second parameter value that is greater than the first parameter value (REYNOLDS, at least one para. 0214; “The controller 234 may determine a value of the current parameter at a second time. The value of the current parameter at the second time is indicative of the thrust provided by the propulsion system 220 at the second time. The second time may be referred to as a second thrust determination time. The second time is after the first time.”) when the vessel speed becomes equal to or higher than a predetermined second vessel speed threshold that is greater than the predetermined first vessel speed threshold after becoming equal to or lower than the predetermined first vessel speed threshold (REYNOLDS, at least one para. 0230; “In some embodiments, the controller 234 may activate the drive system 230 to drive the impeller 222 if the speed of the water sport apparatus 200 has increased between the first speed estimate time and the second speed estimate time, without requiring receipt of the propulsion system activation input. That is, the controller 234 may automatically activate the drive system 230 in response to the speed of the water sport apparatus 200 increasing above the speed threshold from a speed that was below the speed threshold.”).
Regarding claim 11, REYNOLDS teaches (Original) The marine propulsion system according to claim 4, wherein the controller is configured or programmed to increase a maximum value of a rate of change of the vessel speed so as to increase the change in the vessel speed when the vessel speed becomes equal to or lower than the predetermined vessel speed threshold in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0226; “In some embodiments, the controller 234 may determine that the speed of the water sport apparatus 200 is increasing (e.g. the user is paddling the board across the water) prior to activating the drive system 230. For example, the controller 234 (which may comprise sensor system 271) may determine that the speed of the water sport apparatus 200 is increasing by the acceleration measurements of at least one of the accelerometer 273C and the GNSS module 273D (part of sensor system 271). The acceleration (and rate of change of acceleration) can be used to estimate the type of wave that the user is trying to catch, for example by measuring the speed of the board as imparted to the board by the speed of the wave.”).
Regarding claim 12, REYNOLDS teaches (Original) The marine propulsion system according to claim 11, wherein the controller is configured or programmed to, in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0208; “It should be noted that in some embodiments, the controller 234 may activate the drive system 230 automatically, when one or more conditions are met. For example, in some embodiments, the controller 234 may activate the drive system 230 in response to the speed estimate being equal to or greater than the speed threshold.”), change the maximum value of the rate of change of the vessel speed to a first maximum value of the rate of change (REYNOLDS, at least one para. 0226; “At 1004, the controller 234 may therefore determine a first speed estimate. The first speed estimate is indicative of a speed of the water sport apparatus 200 at a first speed estimate time. In other words, the first speed estimate is associated with the first speed estimate time.”) so as to increase the change in the vessel speed when the vessel speed becomes equal to or lower than a predetermined first vessel speed threshold (REYNOLDS, at least one para. 0229; “the controller 234 may activate the drive system 230 in response to the first speed estimate being less than the speed threshold”), and change the maximum value of the rate of change of the vessel speed to a second maximum value of the rate of change that is smaller than the first maximum value of the rate of change (REYNOLDS, at least one para. 0227; “At 1004, the controller 234 may also determine a second speed estimate. The second speed estimate is indicative of a speed of the water sport apparatus 200 at a second speed estimate time.”) when the vessel speed becomes equal to or higher than a predetermined second vessel speed threshold that is greater than the predetermined first vessel speed threshold after becoming equal to or lower than the predetermined first vessel speed threshold (REYNOLDS, at least one para. 0230; “In some embodiments, the controller 234 may activate the drive system 230 to drive the impeller 222 if the speed of the water sport apparatus 200 has increased between the first speed estimate time and the second speed estimate time, without requiring receipt of the propulsion system activation input. That is, the controller 234 may automatically activate the drive system 230 in response to the speed of the water sport apparatus 200 increasing above the speed threshold from a speed that was below the speed threshold.”).
Regarding claim 13, REYNOLDS teaches (Original) The marine propulsion system according to claim 1, wherein the controller is configured or programmed to perform the in-wave vessel speed control based on a moving average value obtained by averaging the information regarding upward-downward movement of the hull over a predetermined period of time (REYNOLDS, at least one para. 0119; “The one or more operational parameter(s) comprise a distance travelled parameter. A value of the distance travelled parameter is indicative of a distance travelled, using the water sport apparatus 200, during a particular usage time window. The value of the distance travelled parameter may be referred to as a distance travelled.”).
Regarding claim 14, REYNOLDS teaches (Original) The marine propulsion system according to claim 3, further comprising:
an operator to receive an operation from the vessel user (REYNOLDS, at least one para. 0197; “At 1002, the controller 234 receives a propulsion system activation input. The controller 234 receives the propulsion system activation input via the user interface 229. For example, the controller 234 may detect the user pressing the propulsion system activation button. ”);
wherein the controller is configured or programmed to, in the in-wave vessel speed control mode, perform the notification control when the vessel speed has become the predetermined minimum vessel speed (REYNOLDS, at least one para. 0136; “the controller 234 is configured to receive a value of one or more of the thrust parameter, the output current parameter, the output RPM parameter, the acceleration parameter, the thrust duration parameter, the maximum speed parameter and the cavitation time parameter via the user interface 229.”), and change the predetermined minimum vessel speed when the vessel user operates the operator to change the predetermined minimum vessel speed (REYNOLDS, at least one para. 0197; “At 1002, the controller 234 receives a propulsion system activation input. The controller 234 receives the propulsion system activation input via the user interface 229.
Regarding claim 15, REYNOLDS teaches (Original) The marine propulsion system according to claim 14, wherein the controller is configured or programmed to, in the in-wave vessel speed control mode, perform the notification control when the vessel speed has become the predetermined minimum vessel speed (REYNOLDS, at least one para. 0136; “the controller 234 is configured to receive a value of one or more of the thrust parameter, the output current parameter, the output RPM parameter, the acceleration parameter, the thrust duration parameter, the maximum speed parameter and the cavitation time parameter via the user interface 229.”), and increase the predetermined minimum vessel speed when the vessel user operates the operator to increase the predetermined minimum vessel speed (REYNOLDS, at least one para. 0197; “At 1002, the controller 234 receives a propulsion system activation input. The controller 234 receives the propulsion system activation input via the user interface 229.”).
Regarding claim 16, REYNOLDS teaches (Original) The marine propulsion system according to claim 14, wherein the controller is configured or programmed to return a changed predetermined minimum vessel speed to an initial value when the controller is powered off or restarted in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0092; “Memory 237 may comprise one or more volatile or non-volatile memory types. For example, memory 237 may comprise one or more of random access memory (RAM), read-only memory (ROM), electrically erasable programmable read-only memory (EEPROM) or flash memory. Memory 237 is configured to store program code accessible by the one or more processor(s) 235. The program code comprises executable program code modules. In other words, memory 237 is configured to store executable code modules configured to be executed by the one or more processor(s) 235. The executable code modules, when executed by the one or more processor(s) 235 cause the controller 234 to perform certain functionality, as described in more detail herein.”, it is inherent and obvious that controller restores initial setting after a power off or restart).
Regarding claim 17, REYNOLDS teaches (Currently amended) A marine vessel comprising:
a hull (REYNOLDS, at least one para. 0068; “Fig. 2 shows an underside view of a water sport apparatus 200, according to some embodiments. Fig. 3 shows a top view of the water sport apparatus 200. The water sport apparatus 200 comprises a jet system 210.”) that is able to be changed between a non-planing state and a planing state (REYNOLDS, at least one para. 0058; “The water sport apparatus 100 is configured to pitch (tilt frontrear) about a pitch axis 106 which passes through the centre of mass 102.”, furthermore it is obvious that Planing and non-planing states are inherent features of any water sport apparatuses that subjected to acceleration); and
a marine propulsion system on or in the hull and including (REYNOLDS, at least one para. 0068; “Fig. 2 shows an underside view of a water sport apparatus 200, according to some embodiments. Fig. 3 shows a top view of the water sport apparatus 200. The water sport apparatus 200 comprises a jet system 210.”):
a propulsion device on or in the hull (REYNOLDS, at least one para. 0069; “The jet system 210 comprises a propulsion system 220.”); and
a controller configured or programmed to control driving of the propulsion device to adjust a vessel speed (REYNOLDS, at least one para. 0206; “At 1008, the controller 234 activates the propulsion system 220. The controller 234 activates the propulsion system 220 in accordance with the activation configuration. In particular, the controller 234 activates the drive system 230. The controller 234 activates the drive system 230 to drive the impeller 222.”), and perform an in-wave vessel speed control to adjust the vessel speed based on information regarding upward-downward movement of the hull (REYNOLDS, at least one para. 0228; “At 1006, the controller 234 may compare the first speed estimate to the speed threshold. At 1006, the controller 234 may also compare the second speed estimate to the speed threshold. The controller 234 may also compare the first speed estimate to the second speed estimate, and calculate a difference between the first speed estimate and the second speed estimate. A large change in the speed estimate per unit of time represents a large acceleration. A large acceleration (or large increase in acceleration) may indicate that the user is about to catch and ride on a more powerful wave, as the greater height, speed, and/or pitch of the wave quickly accelerates the board towards the maximum speed set by the maximum speed parameter. A small change in the speed estimate per unit of time represents a slow acceleration. A slow acceleration (or slow increase in acceleration) may indicate that the user is about to catch and ride on a less powerful wave, as the lower height, speed, and/or pitch of the wave gradually accelerates the board towards the maximum speed set by the maximum speed parameter. To avoid accelerating past the maximum speed set by the maximum speed parameter, the controller 234 may be configured to deactivate the drive system 230. For a large acceleration, a decrease in thrust or deactivation of the drive system 230 occurs sooner compared to a slower or more gradual acceleration, in order to avoid exceeding the maximum speed.”);
wherein the controller is configured or programmed to perform the in-wave vessel speed control such that the vessel speed becomes equal to or higher than a predetermined minimum vessel speed (REYNOLDS, at least one para. 0238; “the controller 234 advantageously controls the propulsion system 220 to propel the water sport apparatus 200 according to a predetermined activation configuration, with minimal interaction required by the user. Once the user provides the propulsion system activation input, the controller 234 delays activating the propulsion system for the intended time delay associated with the propulsion system activation delay input. This enables the user to increase the speed of the water sport apparatus 200 (e.g. by paddling), prior to activation of the propulsion system 220.”) and (REYNOLDS, at least one para. 0205; “At 1006, the controller 234 compares the speed estimate to a speed threshold. The speed threshold may be stored in memory 237. The speed threshold is associated with a minimum speed at which the propulsion system 220 is to be activated.”, wherein the speed threshold is the predetermined minimum vessel speed) that is equal to or higher than a minimum speed (REYNOLDS, at least one para. 0205; “At 1006, the controller 234 compares the speed estimate to a speed threshold. The speed threshold may be stored in memory 237. The speed threshold is associated with a minimum speed at which the propulsion system 220 is to be activated.”) at which the hull is able to be in the planing state in an in-wave vessel speed control mode in which the in-wave vessel speed control is performed (REYNOLDS, at least one para. 0238; “the controller 234 advantageously controls the propulsion system 220 to propel the water sport apparatus 200 according to a predetermined activation configuration, with minimal interaction required by the user. Once the user provides the propulsion system activation input, the controller 234 delays activating the propulsion system for the intended time delay associated with the propulsion system activation delay input. This enables the user to increase the speed of the water sport apparatus 200 (e.g. by paddling), prior to activation of the propulsion system 220.”, in other words, when the user provide acceleration through the paddling action before the board reaches the minimum speed at which the propulsion system is activated, the board is considered to be in the planinig state because the board is subjected to acceleration).
Regarding claim 19, REYNOLDS teaches (Original) The marine vessel according to claim 17, wherein the controller is configured or programmed to perform a notification control to notify a vessel user that the vessel speed has become the predetermined minimum vessel speed when the vessel speed has become the predetermined minimum vessel speed in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0249; “The computing device 253 is configured to provide an output to the user indicative of the value of one or more of the operational parameters, using the computing device user interface 257. For example, the computing device 253 is configured to provide an output indicative of the value of one or more of the thrust estimate parameter, the acceleration estimate parameter, the velocity estimate parameter, the speed estimate parameter, the total wave count parameter, the number of turns parameter, the distance travelled parameter, the maximum turn acceleration parameter, the pumping distance parameter, the cadence parameter, the second pumping distance parameter and/or another parameter, using the computing device user interface 257.”).
Regarding claim 20, REYNOLDS teaches (Original) The marine vessel according to claim 17, wherein the controller is configured or programmed to increase a change in the vessel speed when the vessel speed becomes equal to or lower than a predetermined vessel speed threshold that is greater than the predetermined minimum vessel speed (REYNOLDS, at least one para. 0228; “At 1006, the controller 234 may compare the first speed estimate to the speed threshold. At 1006, the controller 234 may also compare the second speed estimate to the speed threshold. The controller 234 may also compare the first speed estimate to the second speed estimate, and calculate a difference between the first speed estimate and the second speed estimate. A large change in the speed estimate per unit of time represents a large acceleration. A large acceleration (or large increase in acceleration) may indicate that the user is about to catch and ride on a more powerful wave, as the greater height, speed, and/or pitch of the wave quickly accelerates the board towards the maximum speed set by the maximum speed parameter. A small change in the speed estimate per unit of time represents a slow acceleration. A slow acceleration (or slow increase in acceleration) may indicate that the user is about to catch and ride on a less powerful wave, as the lower height, speed, and/or pitch of the wave gradually accelerates the board towards the maximum speed set by the maximum speed parameter.”, wherein the maximum speed parameter is the predetermined vessel speed threshold & the speed threshold is the predetermined minimum vessel speed.) by a predetermined amount in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0241; “At 1202, the controller 234 receives a thrust time window input. The thrust time window input is indicative of a length of a time window associated with activation of the propulsion system 220. In particular, the thrust time window input is indicative of an intended time duration for which the controller 234 is to activate the propulsion system 220 in response to receiving a propulsion system activation input. A value of the thrust time window input may correspond to an intended time duration for which the controller 234 is to activate the propulsion system 220. The controller 234 may receive the thrust time window input via the user interface 229. The controller 234 may store the thrust time window input in memory 237.”).
Regarding claim 21, REYNOLDS teaches (new): A marine propulsion system (REYNOLDS, at least one para. 0068; “Fig. 2 shows an underside view of a water sport apparatus 200, according to some embodiments. Fig. 3 shows a top view of the water sport apparatus 200. The water sport apparatus 200 comprises a jet system 210. ”) comprising:
a propulsion device (REYNOLDS, at least one para. 0069; “The jet system 210 comprises a propulsion system 220.”) to be on or in a hull (REYNOLDS, at least one para. 0070; “The propulsion system 220 comprises a drive system 230. The drive system comprises a motor 236. The motor 236 comprises a stator. The motor 236 comprises a rotor.”) and (REYNOLDS, at least one para. 0087; “By way of example, the position of the drive system 230 in the board 110 is shown as a dash-dot line in Fig. 2.”); and
a controller configured or programmed to control driving of the propulsion device to adjust a vessel speed (REYNOLDS, at least one para. 0206; “At 1008, the controller 234 activates the propulsion system 220. The controller 234 activates the propulsion system 220 in accordance with the activation configuration. In particular, the controller 234 activates the drive system 230. The controller 234 activates the drive system 230 to drive the impeller 222.”), and perform an in-wave vessel speed control to adjust the vessel speed based on information regarding upward-downward movement of the hull (REYNOLDS, at least one para. 0228; “At 1006, the controller 234 may compare the first speed estimate to the speed threshold. At 1006, the controller 234 may also compare the second speed estimate to the speed threshold. The controller 234 may also compare the first speed estimate to the second speed estimate, and calculate a difference between the first speed estimate and the second speed estimate. A large change in the speed estimate per unit of time represents a large acceleration. A large acceleration (or large increase in acceleration) may indicate that the user is about to catch and ride on a more powerful wave, as the greater height, speed, and/or pitch of the wave quickly accelerates the board towards the maximum speed set by the maximum speed parameter. A small change in the speed estimate per unit of time represents a slow acceleration. A slow acceleration (or slow increase in acceleration) may indicate that the user is about to catch and ride on a less powerful wave, as the lower height, speed, and/or pitch of the wave gradually accelerates the board towards the maximum speed set by the maximum speed parameter. To avoid accelerating past the maximum speed set by the maximum speed parameter, the controller 234 may be configured to deactivate the drive system 230. For a large acceleration, a decrease in thrust or deactivation of the drive system 230 occurs sooner compared to a slower or more gradual acceleration, in order to avoid exceeding the maximum speed.”);
wherein the controller is configured or programmed to perform the in-wave vessel speed control such that the vessel speed becomes equal to or higher than a predetermined minimum vessel speed (REYNOLDS, at least one para. 0205; “At 1006, the controller 234 compares the speed estimate to a speed threshold. The speed threshold may be stored in memory 237. The speed threshold is associated with a minimum speed at which the propulsion system 220 is to be activated.”) in an in-wave vessel speed control mode in which the in-wave vessel speed control is performed (REYNOLDS, at least one para. 0216-0217; “The controller 234 may compare the value of the current parameter at the second time to the current threshold. The value of the current parameter at the first time being greater than the current threshold indicates that at or near the first time, one or both of the first inlet opening 243 and the second inlet opening 263 were in contact with water. The value of the current parameter at the second time being equal to or less than the current threshold indicates that at or near the second time, the first inlet opening 243 and the second inlet opening 263 were not in contact with water, and therefore, that the board 110 is suspended above the water. Thus, the value of the current parameter transitioning from being greater than the current threshold (when the propulsion system 220 is propelling water through the jet system body 210) to equal to or less than the current threshold (when one or both of the first inlet opening 243 and the second inlet opening 263 are not in contact with water) is indicative of the board 110 having been lifted above the water by the lift force. In response to this determination, the controller 234 deactivates the drive system 230. In particular, the controller 234 deactivates the drive system 230 when the value of the current parameter at the first time is above the current threshold and the value of the current parameter at the second time is below the current threshold. The controller 234 may deactivate the drive system 234 by deactivating the motor 236.”), and
the controller is configured or programmed to increase a change in the vessel speed when the vessel speed becomes equal to or lower than a predetermined vessel speed threshold that is greater than the predetermined minimum vessel speed (REYNOLDS, at least one para. 0228; “At 1006, the controller 234 may compare the first speed estimate to the speed threshold. At 1006, the controller 234 may also compare the second speed estimate to the speed threshold. The controller 234 may also compare the first speed estimate to the second speed estimate, and calculate a difference between the first speed estimate and the second speed estimate. A large change in the speed estimate per unit of time represents a large acceleration. A large acceleration (or large increase in acceleration) may indicate that the user is about to catch and ride on a more powerful wave, as the greater height, speed, and/or pitch of the wave quickly accelerates the board towards the maximum speed set by the maximum speed parameter. A small change in the speed estimate per unit of time represents a slow acceleration. A slow acceleration (or slow increase in acceleration) may indicate that the user is about to catch and ride on a less powerful wave, as the lower height, speed, and/or pitch of the wave gradually accelerates the board towards the maximum speed set by the maximum speed parameter.”, In other words, propulsion system in Reynolds can be activated based on the minimum speed of the board and can be deactivated based on the maximum speed of the board, wherein the maximum speed parameter of REYNOLDS is the claimed predetermined vessel speed threshold. Reynolds also teaches how the controller increases the speed of the board in relation to the first speed estimate and the second speed estimate. Resultantly, the maximum speed parameter of Reynolds is greater than the predetermined minimum vessel speed of Reynolds thus positioning the first speed estimate and the second speed estimate in between the maximum speed parameter and the minimum speed parameter.) by a predetermined amount in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0241; “At 1202, the controller 234 receives a thrust time window input. The thrust time window input is indicative of a length of a time window associated with activation of the propulsion system 220. In particular, the thrust time window input is indicative of an intended time duration for which the controller 234 is to activate the propulsion system 220 in response to receiving a propulsion system activation input. A value of the thrust time window input may correspond to an intended time duration for which the controller 234 is to activate the propulsion system 220. The controller 234 may receive the thrust time window input via the user interface 229. The controller 234 may store the thrust time window input in memory 237.”, wherein thrust time window input is indicative of a length of a time window associated with activation of the propulsion system 220 of REYNOLDS teaches the predetermined amount).
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(s) 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over REYNOLDS (WO 2023077187 A1) as applied to claim 4 above, and further in view of Naik (US 12405610 B1).
Regarding claim 7, REYNOLDS teaches (Original) The marine propulsion system according to claim 4, wherein the controller is configured or programmed to:
perform the in-wave vessel speed control based on a value obtained by averaging the information regarding upward-downward movement of the hull (REYNOLDS, at least one para. 0228; “At 1006, the controller 234 may compare the first speed estimate to the speed threshold. At 1006, the controller 234 may also compare the second speed estimate to the speed threshold.”) over a predetermined period of time (REYNOLDS, at least one para. 0231; “In some embodiments, the controller 234 requires first speed estimate time and the second speed estimate time to be within an allowable time window, for the controller 234 to activate the drive system 230.”); and
(REYNOLDS, at least one para. 0228; “At 1006, the controller 234 may compare the first speed estimate to the speed threshold. At 1006, the controller 234 may also compare the second speed estimate to the speed threshold. The controller 234 may also compare the first speed estimate to the second speed estimate, and calculate a difference between the first speed estimate and the second speed estimate. A large change in the speed estimate per unit of time represents a large acceleration. A large acceleration (or large increase in acceleration) may indicate that the user is about to catch and ride on a more powerful wave, as the greater height, speed, and/or pitch of the wave quickly accelerates the board towards the maximum speed set by the maximum speed parameter.”).
Even though REYNOLDS teaches about change of the speed (acceleration), REYNOLDS does not explicitly teach about how “changing the weighting coefficient” affects the change of speed (acceleration).
However, Naik, in the same field of endeavor (Naik, Col. 6, line 20-23; “FIG. 1 is a schematic representation of a marine vessel 10 equipped with propulsion system 100 including at least one propulsion device 21 positioned at the stern 24, such as attached to the transom.”) teaches change a weighting coefficient to adjust a weighting of the information (Naik, Col. 4, lines 48-51; “The speed at which bow rise occurs will depend on vessel configuration, weight of the vessel (e.g., whether it has a fill fuel tank or an empty one), weight distribution, and the like.”)
REYNOLDS and Naik are both considered to be analogous to the claimed invention because both of them are in the same field as marine propulsion system as the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modify the speed parameter of the REYNOLDS with the weight parameter of Naik. One of the ordinary skill in the art would have been motivated to make this modification the speed parameter of REYNOLDS with the weight of the fuel tank parameter of Naik because applying a known technique to a known device (method, or product) that was ready for improvement, and the results would have been predictable. Furthermore, it is obvious that the accurate calculation of the acceleration for the vessel also depends on the weight of the vessel which changes with respect to the fuel weight (Naik, Col. 4, lines 48-51).
Regarding claim 8, REYNOLDS teaches (Original) The marine propulsion system according to claim 7, wherein the controller is configured or programmed to, in the in-wave vessel speed control mode (REYNOLDS, at least one para. 0208; “It should be noted that in some embodiments, the controller 234 may activate the drive system 230 automatically, when one or more conditions are met. For example, in some embodiments, the controller 234 may activate the drive system 230 in response to the speed estimate being equal to or greater than the speed threshold.”), change the weighting coefficient to a first weighting value such that the weighting of the latest value of the information regarding upward-downward movement of the hull is greater than the weighting of other than the latest value of the information regarding upward-downward movement of the hull (REYNOLDS, at least one para. 0226; “At 1004, the controller 234 may therefore determine a first speed estimate. The first speed estimate is indicative of a speed of the water sport apparatus 200 at a first speed estimate time. In other words, the first speed estimate is associated with the first speed estimate time.”) so as to increase the change in the vessel speed when the vessel speed becomes equal to or lower than a predetermined first vessel speed threshold (REYNOLDS, at least one para. 0229; “the controller 234 may activate the drive system 230 in response to the first speed estimate being less than the speed threshold”), and change the weighting coefficient to a second weighting value such that the weighting of the latest value of the information regarding upward-downward movement of the hull is smaller as compared with a case in which the vessel speed is equal to or lower than the predetermined first vessel speed threshold (REYNOLDS, at least one para. 0227; “At 1004, the controller 234 may also determine a second speed estimate. The second speed estimate is indicative of a speed of the water sport apparatus 200 at a second speed estimate time.”) when the vessel speed becomes equal to or higher than a predetermined second vessel speed threshold that is greater than the predetermined first vessel speed threshold after becoming equal to or lower than the predetermined first vessel speed threshold (REYNOLDS, at least one para. 0230; “In some embodiments, the controller 234 may activate the drive system 230 to drive the impeller 222 if the speed of the water sport apparatus 200 has increased between the first speed estimate time and the second speed estimate time, without requiring receipt of the propulsion system activation input. That is, the controller 234 may automatically activate the drive system 230 in response to the speed of the water sport apparatus 200 increasing above the speed threshold from a speed that was below the speed threshold.”).
Even though REYNOLDS teaches about change of the speed (acceleration), REYNOLDS does not explicitly teach about how “changing the weighting coefficient” affects the change of speed (acceleration).
However, Naik, in the same field of endeavor (Naik, Col. 6, line 20-23; “FIG. 1 is a schematic representation of a marine vessel 10 equipped with propulsion system 100 including at least one propulsion device 21 positioned at the stern 24, such as attached to the transom.”) teaches change a weighting coefficient to adjust a weighting of the information (Naik, Col. 4, lines 48-51; “The speed at which bow rise occurs will depend on vessel configuration, weight of the vessel (e.g., whether it has a fill fuel tank or an empty one), weight distribution, and the like.”)
REYNOLDS and Naik are both considered to be analogous to the claimed invention because both of them are in the same field as marine propulsion system as the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modify the speed parameter of the REYNOLDS with the weight parameter of Naik. One of the ordinary skill in the art would have been motivated to make this modification the speed parameter of REYNOLDS with the weight of the fuel tank parameter of Naik because applying a known technique to a known device (method, or product) that was ready for improvement, and the results would have been predictable. Furthermore, it is obvious that the accurate calculation of the acceleration for the vessel also depends on the weight of the vessel which changes with respect to the fuel weight (Naik, Col. 4, lines 48-51).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to UPUL P CHANDRASIRI whose telephone number is (703)756-5823. The examiner can normally be reached M-F 8.30 am to 5pm.
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, Christian Chace can be reached at 571-272-4190. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/U.P.C./Examiner, Art Unit 3665 /CHRISTIAN CHACE/Supervisory Patent Examiner, Art Unit 3665
Prosecution Insights