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 .
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 1-7, 10-11, and 15 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 1 recites the limitation "an eighth mode" in Line 13. It is unclear what an eighth mode is referring to and if the eighth mode happens before the first-seventh modes in dependent claims 3-7. There is insufficient antecedent basis for this limitation in the claim. Claims 2-7, 10-11, and 15 depending from claim 1 are therefore rejected.
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 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.
Claims 1-7, 10-11, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Achard (US 20230011707 A1) in view of Gonring (US 7416456 B1).
Regarding claim 1, Achard teaches A watercraft comprising: ([0002] The present disclosure generally relate to the field of watercraft, such as personal watercraft and other types of watercraft having outboard motors.)
a hull; (Fig. 1A hull 14)
a propulsion device to generate a propulsive force to propel the hull; (Fig. 1B 11 propulsion system)
a trim adjuster to change a trim of the hull; ([0033] The up and down positioning of the nozzle 11C is referred to herein as “nozzle trim”, which may also be controlled via a trim actuator connected to the steering nozzle 11C, for example.)
a mode setter operable by a user to selectively set a watercraft movement characteristic mode; and ([0057] a dedicated user input is provided on the user interface 40, for example in the form of a button, a lever, a switch or a selectable input on a touch screen of a display, for the rider to manually activate the control mode. In some embodiments, a single user input is used to enter or remain in the mode, such that upon receipt of the command, the controller 32 is configured to determine whether or not the watercraft is currently operating in the range-efficient operating regime. Alternatively, separate user inputs are used, whereby a first dedicated input is associated with a command to enter the range-efficient operating regime and a second dedicated input is associated with a command to remain in the range-efficient operating regime)
a controller configured or programmed to control the propulsion device according to a propulsive force control characteristic defined for the mode set by the mode setter ([0058] At step 610, control of the watercraft 10 is effected in response to the command received at step 608) and to control the trim adjuster according to a trim control characteristic defined for the mode set by the mode setter; ([0058] The controller 32 may also change the position of the nozzle 11C to reach the optimal nozzle trim angle associated with the range-efficient operating regime. ) wherein
the watercraft is a planing watercraft; and ([0031] The watercraft has a hull designed so as to allow the watercraft to operate in a displacement state, a planing state, and a semi-displacement or semi-planing state (i.e. transition from displacement state to planing state) as will be described in more detail below. Examples of suitable electric watercraft include personal watercraft (PWCs) having a straddle seat for accommodating an operator and optionally one or more passengers. Other watercraft, such as those equipped with an outboard motor, are also applicable.)
Achard does not expressly disclose but Gonring discloses the watercraft movement characteristic mode to be selectively set by the mode setter includes an eighth mode in which the trim control characteristic includes the trim of the hull being set to a first trim when a speed of the watercraft falls within a non-planing speed range, and the trim of the hull being set to a second trim that is greater than the first trim when the speed of the watercraft falls within a planing speed range. (Col 4 Line 42-53 Dashed line 102 represents the maximum velocity of the marine vessel 10. Dashed line 110 represents the planing speed of the marine vessel. Line 112 represents the change in velocity of the marine vessel 10 from a stationary condition to the achievement of planing speed at dashed line 110. This increase in velocity is identified as VP in FIG. 5. In a preferred embodiment of the present invention, the trim angle of the marine propulsion device 12 is maintained at a negative magnitude such as that identified as NT in FIG. 2. This negative trim angle NT is maintained until the marine vessel reaches planing speed 110. Then, it is increased as a function of boat speed as indicated by line 120 in FIG. 5)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Achard with the teachings of Gonring with a reasonable expectation of success by actuating a trim system as a function of the speed of the marine vessel as taught by Gonring (Col 1 Line 8-10).
Regarding claim 2, Achard teaches The watercraft according to claim 1, wherein the propulsive force control characteristic includes at least one of an upper limit watercraft speed or an upper limit watercraft acceleration rate. ([0058] At step 610, control of the watercraft 10 is effected in response to the command received at step 608. When the controller 32 determines that the watercraft 10 is operating outside of the range-efficient operating regime, or when the command received by the controller 32 is to enter the range-efficient operating regime, the controller 32 is configured to change one or more controllable parameters of the watercraft 10 or the motor 16 in order to cause the watercraft 10 to enter the range-efficient operating regime. For example, the controller 32 may increase or decrease the speed of the watercraft 10 and/or the RPM of the motor 16 to reach the optimal speed or optimal speed range associated with the range-efficient operating regime… For example, an upper and/or lower speed limit may be applied to the watercraft 10 and/or motor 16, a cruise control function may be activated, and/or a nozzle position may be changed or locked so as to remain in an optimal state.)
Regarding claim 3, Achard teaches The watercraft according to claim 2, wherein the watercraft movement characteristic mode to be selectively set by the mode setter includes a first mode in which the propulsive force control characteristic includes the upper limit watercraft speed set to a first value, and a second mode in which the propulsive force control characteristic includes the upper limit watercraft speed set to a second value that is smaller than the first value. ([0058] For example, an upper and/or lower speed limit may be applied to the watercraft 10 and/or motor 16, a cruise control function may be activated, and/or a nozzle position may be changed or locked so as to remain in an optimal state.)
Regarding claim 4, Achard teaches The watercraft according to claim 3, wherein the watercraft movement characteristic mode to be selectively set by the mode setter further includes a third mode in which the propulsive force control characteristic does not include the upper limit watercraft speed. ([0058] For example, an upper and/or lower speed limit may be applied to the watercraft 10 and/or motor 16, a cruise control function may be activated, and/or a nozzle position may be changed or locked so as to remain in an optimal state.)
Regarding claim 5, Achard teaches The watercraft according to claim 1, wherein the watercraft movement characteristic mode to be selectively set by the mode setter includes a fourth mode in which the trim control characteristic includes the trim of the hull being changeable when the watercraft is driven in the fourth mode. ([0049] The user can modulate the speed through the accelerator 34, or modulate the trim position of the nozzle 11C and observe directly the impact of the change in speed or trim position on the ability of the watercraft to operate in the range-efficient operating regime.)
Regarding claim 6, Achard teaches The watercraft according to claim 1, wherein the watercraft movement characteristic mode to be selectively set by the mode setter includes a fifth mode in which the trim control characteristic includes the trim of the hull being maintained constant when the watercraft is driven in the fifth mode. ([0054] This allows the user to modulate the speed of the watercraft within Smin and Smax while preventing the speed from falling below Smin and rising above Smax. In some embodiments, a cruise control function is activated for the watercraft 10 or the motor 16, such that the speed remains relatively constant. In some embodiments, step 506 comprises adjusting a trim angle of the nozzle 11C of the watercraft 10, so as to position the nozzle at its optimal position for the range-efficient operating regime)
Regarding claim 7, Achard teaches The watercraft according to claim 1, wherein the watercraft movement characteristic mode to be selectively set by the mode setter includes a sixth mode in which the trim control characteristic includes the trim of the hull being changeable according to a state of the watercraft, and a seventh mode in which the trim control characteristic includes the trim of the hull being maintained constant irrespective of the state of the watercraft. ([0054] In some embodiments, step 506 comprises adjusting a trim angle of the nozzle 11C of the watercraft 10, so as to position the nozzle at its optimal position for the range-efficient operating regime. Both the speed and nozzle trim may be modified dynamically based on changing dynamic forces on the watercraft 10, such as changes in wind factor or in water current, for example.)
Regarding claim 10, Achard teaches The watercraft according to claim 1, wherein the propulsion device is a waterjet propulsion device. ([0033] The accelerated water jet is ejected from the venturi 11B via a pivoting steering nozzle 11C which is directionally controlled (side to side) by the driver with a steering mechanism 19 to provide a directionally controlled jet of water to propel and steer the watercraft 10)
Regarding claim 11, Achard teaches The watercraft according to claim 10, wherein the watercraft movement characteristic mode to be selectively set by the mode setter includes a ninth mode in which the trim control characteristic includes the trim of the hull being fixed to direct a waterjet jetted from the waterjet propulsion device downward with respect to a water surface. ([0033] The up and down positioning of the nozzle 11C is referred to herein as “nozzle trim”, which may also be controlled via a trim actuator connected to the steering nozzle 11C, for example.)
Regarding claim 15, Achard teaches The watercraft according to claim 1, further comprising a display to display watercraft maneuvering information ([0035] A user interface 40 may be provided, for example on the steering mechanism 19, and coupled to the controller 32. The user interface 40 may include rotary switches, toggle switches, push buttons, knobs, dials, etc. as well as a display screen for displaying various information to the driver and/or receiving input from the driver in the case of a touch-sensitive display screen. In some embodiments, the display screen of the user interface 40 may include a liquid crystal display (LCD) screen, thin-film-transistor (TFT) LCD screen, light-emitting diode (LED) or other suitable display device operatively connected to the controller 32.) and change a display color of a predetermined display area thereof according to the mode set by the mode setter. ([0047] For example, the background of the display 404 may change to a different color or change in intensity when the watercraft is operating in the range-efficient operating regime.)
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Achard (US 20230011707 A1) in view of Takashima (US 6032605 A).
Regarding claim 12, Achard teaches A watercraft comprising: ([0002] The present disclosure generally relate to the field of watercraft, such as personal watercraft and other types of watercraft having outboard motors.)
a hull; (Fig. 1A hull 14)
a propulsion device to generate a propulsive force to propel the hull; (Fig. 1B 11 propulsion system)
a trim adjuster to change a trim of the hull; ([0033] The up and down positioning of the nozzle 11C is referred to herein as “nozzle trim”, which may also be controlled via a trim actuator connected to the steering nozzle 11C, for example.)
a mode setter operable by a user to selectively set a watercraft movement characteristic mode; and ([0057] a dedicated user input is provided on the user interface 40, for example in the form of a button, a lever, a switch or a selectable input on a touch screen of a display, for the rider to manually activate the control mode. In some embodiments, a single user input is used to enter or remain in the mode, such that upon receipt of the command, the controller 32 is configured to determine whether or not the watercraft is currently operating in the range-efficient operating regime. Alternatively, separate user inputs are used, whereby a first dedicated input is associated with a command to enter the range-efficient operating regime and a second dedicated input is associated with a command to remain in the range-efficient operating regime)
a controller configured or programmed to control the propulsion device according to a propulsive force control characteristic defined for the mode set by the mode setter ([0058] At step 610, control of the watercraft 10 is effected in response to the command received at step 608) and to control the trim adjuster according to a trim control characteristic defined for the mode set by the mode setter; ([0058] The controller 32 may also change the position of the nozzle 11C to reach the optimal nozzle trim angle associated with the range-efficient operating regime. )
Achard does not expressly disclose but Takashima discloses a movable sponson attached to the hull; and (Fig. 1 watercraft 10, hull 14, sponson 12)
a sponson actuator to move the sponson; wherein (Col 2 Line 15-16 At least one actuator is coupled to each sponson to move the sponson relative to the respective hull section.)
the controller is configured or programmed to control the sponson actuator according to a sponson control characteristic for the mode set by the mode setter. (Col 2 Line 16-19 And at least one operator is coupled to the actuator to control the movement of at least one of the sponsons relative to the respective hull section.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Achard with computerized actuating sponson as taught by Takashima with a reasonable expectation of success to accommodate different riding conditions. The modification yields predictable result of computerized adjustment of the watercraft responsiveness and stability based on different riding styles and operating modes. (Col 1 Line 46-55)
Regarding claim 13, Achard does not expressly disclose but Takashima discloses The watercraft according to claim 12, wherein the watercraft movement characteristic mode to be selectively set by the mode setter includes a tenth mode in which the sponson control characteristic includes the sponson being maintained at a fixed position when the watercraft is driven in the tenth mode. (Col 8 Line 5-14 The electronic control unit 104 receives the control instructions from the operator control element 106 and operates the actuator 84 to impart the desired movement to the sponson 12. The duration of actuation of the operator control element 106 desirably corresponds to the degree of movement of the sponson 12 relative to the side wall 58 such that the sponson 12 can be incrementally adjusted.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Achard with computerized actuating sponson as taught by Takashima with a reasonable expectation of success to accommodate different riding conditions. The modification yields predictable result of computerized adjustment of the watercraft responsiveness and stability based on different riding styles and operating modes. (Col 1 Line 46-55)
Regarding claim 14, Achard does not expressly disclose but Takashima discloses The watercraft according to claim 12, wherein the watercraft movement characteristic mode to be selectively set by the mode setter includes an eleventh mode in which the sponson control characteristic includes a position of the sponson being changeable when the watercraft is driven in the eleventh mode. (Col 11 Line 17-23 A rotatable actuator 164 drives the rotatable shaft 162 to rotate the sponson 62 between a raised position and a lowered position. In the illustrated embodiment, the rotatable actuator 164 includes an electric motor (e.g., the stepper motor) which responds to control signals sent from a remote operator via the electronic control system, in the manner described above.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Achard with computerized actuating sponson as taught by Takashima with a reasonable expectation of success to accommodate different riding conditions. The modification yields predictable result of computerized adjustment of the watercraft responsiveness and stability based on different riding styles and operating modes. (Col 1 Line 46-55)
Response to Arguments
Applicants arguments filed 1/9/2026 have been fully considered as follows:
Applicant argues that the 35 USC 103 rejections to the claims should not be maintained in view of “Archard does not teach or suggest to change the trim angle when the watercraft speed transitions at the transition point 2061 from a non-planing state 204 to a planing state 208.” This argument is persuasive therefore a new ground of rejection is above.
Applicant argues “However, De Henau does not teach, suggest, or hint that the hull 12 should or could include a sponson actuator to move the sponsons 70, let alone that any controller could be configured or programmed to control a sponson actuator according to a sponson control characteristic for the mode set by a mode setter. At best, the sponsons 70 of De Henau would have to be manually detached and reattached, or otherwise somehow manually modified.” This argument is persuasive therefore a new ground of rejection is above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicants disclosure.
Aoyama (US 6827031 B2) teaches a watercraft includes moveable sponsons that are moved in response to movements of the handlebars and the accelerator lever (abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH TRAN whose telephone number is (313)446-6642. The examiner can normally be reached 8am-5pm M-F.
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/S.A.T./Examiner, Art Unit 3656
/KHOI H TRAN/Supervisory Patent Examiner, Art Unit 3656
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