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 .
Drawings
The drawings were received on September 12, 2024. These drawings are acceptable.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 16, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 10 is 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 10 recites the limitation "the fuel filler cap" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Antecedent basis for “a fuel filler cap” is provided in claim 9, not in claim 8.
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)(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 1-3, 5, 8 and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Toupin et al. (US 7,377,223).
Toupin et al. discloses the same personal watercraft as claimed, as shown in Figures 1-23, which is comprised of a personal watercraft, defined as Part #2, with a hull or body, defined as Part #4, a deck, defined as Part #6, a straddle-type seat, defined as Part #14, a storage bin, defined as Part #50, that is provided in a front portion of said hull or body, as shown in Figures 11-13, and is further comprised of a container, defined as Part #100, with a lid or hatch, defined as Part #102, and an equipment receptacle or case, defined as Part #160, that is provided at a peripheral position of said storage bin for receiving a tool box, defined as Part #162, and a cylindrical fire extinguisher, defined as Part #166, where said equipment receptacle or case is generally cylindrical in shape with an opening at one end and a bottom wall at another end, as shown in Figure 23. Said equipment receptacle or case is disposed in a vertical posture with said opening facing upward and offset to one side in a width direction from a centerline of said personal watercraft, also as shown in Figure 23.
Claim 15 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yamada et al. (US 6,276,290).
Yamada et al. discloses the same personal watercraft as claimed, as shown in Figures 1-16, which is comprised of a personal watercraft, defined as Part #10, with a body, defined as Part #12, comprising a hull, defined as Part #14, a seat assembly, defined as Part #46, with a seat cushion, defined as Part #48, a fuel guide tube or pipe, defined as Part #136, that connects to a fuel tank, defined as Part #134, a front storage compartment or case, defined as Part #24, and a hatch or lid, defined as Part #26, where said front storage compartment or case extends vertically alongside said fuel guide tube or pipe, as shown in Figures 13-14.
Allowable Subject Matter
Claims 4, 6-7, 9 and 11-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MARC JIMENEZ can be reached at 571-272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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June 29, 2026
/LARS A OLSON/Primary Examiner, Art Unit 3615B
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