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 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the stem as described in claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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[AltContent: textbox (Figure 1- Giroux et al. Figure 11)][AltContent: oval][AltContent: oval][AltContent: oval]Claim(s) 1-12, 14, 15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giroux et al. (US20230382496) in view of Reh Aguirre De Carcer (US20220258837).
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[AltContent: textbox (Figure 2- Reh Aguirre De Carcer Figure 6A)][AltContent: oval]In regard to claim 1, Giroux et al. teaches a watercraft 10, comprising:
a buoyant body 12 having upper and lower surfaces on respective upper and lower sides thereof;
a lift-propulsion system 50 comprising: a mast 52 connected to the buoyant body 12, the mast 52 having a proximal end and a distal end, the mast 52 extending from the lower side of the buoyant body 12;
a lift-propulsion assembly 60 comprising: an assembly frame (frame 80) connected to the distal end of the mast 52;
a propulsion unit 64 for providing thrust to the watercraft 10, the propulsion unit 64 being connected to the assembly frame (frame 80); and
a hydrofoil 62 for providing lift to the watercraft 10.
Giroux et al. does not teach the hydrofoil being selectively connected to the assembly frame; and a manually-operable attachment system connecting the hydrofoil to the assembly frame.
Reh Aguirre De Carcer teaches the hydrofoil (front wing 108) being selectively connected to the assembly frame (connector end 146); and a manually-operable attachment system connecting the hydrofoil to the assembly frame (as seen in Figure 3B).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the selectively connected hydrofoil and manually-operable attachment system of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 2, Giroux et al. teaches a watercraft in regard to claim 1. Giroux et al. does not teach wherein:
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[AltContent: textbox (Figure 3- Reh Aguirre De Carcer Figure 4)][AltContent: oval]the assembly frame comprises one of a male tapered portion and a female tapered portion; and
the hydrofoil comprises another one of the male tapered portion and the female tapered portion; and the male tapered portion is engaged in the female tapered portion when the hydrofoil is connected to the assembly frame.
Reh Aguirre De Carcer teaches wherein:
the assembly frame (connector end 146) comprises one of a male tapered portion (connector body 148 as seen in Figure 6B) and a female tapered portion (connector portion 122 as seen in Figure 4); and
[AltContent: textbox (stem)]the hydrofoil comprises another one of the male tapered portion (connector body 148 as seen in Figure 6B) and the female tapered portion (connection portion 122 as seen in Figure 4); and the male tapered portion is engaged in the female tapered portion when the hydrofoil (front wing 108) is connected to the assembly frame (connector end 146).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the frame and hydrofoil of Giroux et al. with the male and female portions taught by Reh Aguirre De Carcer in order to assist with ease of maintenance and give greater flexibility to the operator.
Furthermore, it would have been an obvious matter of design choice to make the different portions of either the male and female portions taught by Reh Aguirre De Carcer to include taper portions whatever form or shape was desired or expedient in order to make a secure connection when a connection is made. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
In regard to claim 3, Giroux et al. teaches a watercraft of claim 2. Giroux et al. does not teach wherein the male tapered portion and the female tapered portion extend and taper along a longitudinal direction of the watercraft.
Reh Aguirre De Carcer teaches wherein the male tapered portion (connector body 148 as seen in Figure 6B) and the female tapered portion (connection portion 122 as seen in Figure 4) extend and taper along a longitudinal direction of the watercraft (as seen in Figure 3B).
It would have been obvious to one having ordinary skill in the art at the invention was made to modify the frame and hydrofoil of Giroux et al. with the male and female portions taught by Reh Aguirre De Carcer in order to assist with ease of maintenance and give greater flexibility to the operator.
In regard to claim 4, Giroux et al. teaches a watercraft of claim 1. Giroux et al. does not teach wherein: the attachment system comprises a rigid connection member connected to a one of the assembly frame and the hydrofoil; and the hydrofoil is selectively maintained connected to the assembly frame at least in part by engagement of the rigid connection member with another one of the assembly frame and the hydrofoil.
Reh Aguirre De Carcer wherein: the attachment system comprises a rigid connection member (projection 150) connected to a one of the assembly frame (connector end 146) and the hydrofoil (front wing 108); and the hydrofoil (front wing 108) is selectively maintained connected to the assembly frame (connector end 146) at least in part by engagement of the rigid connection member (projection 150) with another one of the assembly frame and the hydrofoil.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the selectively connected hydrofoil and manually-operable attachment system of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 5, Giroux et al. teaches a watercraft of claim 4. Giroux et al. does not teach wherein:
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[AltContent: textbox (Figure 5- Reh Aguirre De Carcer Figure 5)][AltContent: oval][AltContent: oval][AltContent: oval][AltContent: oval][AltContent: oval]the rigid connection member is connected to and extends from the assembly frame; and
the hydrofoil is selectively maintained connected to the assembly frame by engagement of the rigid connection member with the hydrofoil.
Reh Aguirre De Carcer teaches wherein:
the rigid connection member (projection 150) is connected to and extends from the assembly frame (connector end 146); and
the hydrofoil (front wing 108) is selectively maintained connected to the assembly frame (connector end 146) by engagement of the rigid connection member (projection 150) with the hydrofoil.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the selectively connected hydrofoil and manually-operable attachment system of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 6, Giroux et al. teaches a watercraft of claim 1. Giroux et al does not teach wherein:
the attachment system comprises a locking element connected to a one of the assembly frame and the hydrofoil; the locking element is selectively rotatable between a locked position and an unlocked position; and
the hydrofoil is selectively maintained connected to the assembly frame at least in part by engagement of the locking element with another one of the assembly frame and the hydrofoil.
Reh Aguirre De Carcer teaches wherein:
the attachment system comprises a locking element (keyed connector 116) connected to a one of the assembly frame (connector end 146) and the hydrofoil (front wing 108); the locking element is selectively rotatable between a locked position and an unlocked position; and
the hydrofoil (front wing 108) is selectively maintained connected to the assembly frame (connector end 146) at least in part by engagement of the locking element (keyed connector 116) with another one of the assembly frame and the hydrofoil.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the selectively connected hydrofoil and locking element of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 7, Giroux et al. teaches a watercraft of claim 6. Giroux et al. does not teach wherein: the locking element is pivotally connected to the hydrofoil; and the hydrofoil is selectively maintained connected to the assembly frame by engagement of the locking element with the assembly frame.
Reh Aguirre De Carcer teaches wherein: the locking element (keyed connector 116) is pivotally connected to the hydrofoil (front wing 108); and the hydrofoil (front wing 108) is selectively maintained connected to the assembly frame (connector end 146) by engagement of the locking element (keyed connector 116) with the assembly frame.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the selectively connected hydrofoil and locking element of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 8, Giroux et al. teaches a watercraft of claim 7. Giroux et al. does not teach wherein:
the locking element comprises: an element body defining a slot therein, and a handle portion connected to the element body; and
the hydrofoil is selectively maintained in connection to the assembly frame by an operator rotating the locking element to the locked position.
Reh Aguirre De Carcer teaches wherein:
the locking element (keyed connector 116) comprises: an element body (body 126) defining a slot therein, and a handle portion (projection 136) connected to the element body (body 126); and
the hydrofoil (front wing 108) is selectively maintained in connection to the assembly frame (connector end 146) by an operator rotating the locking element (keyed connector 116) to the locked position.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the selectively connected hydrofoil and locking element of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 9, Giroux et al. teaches a watercraft of claim 1. Giroux et al. does not teach wherein:
the attachment system comprises: a rigid connection member connected to the assembly frame, and a locking element pivotally connected to the hydrofoil; and
the hydrofoil is selectively maintained connected to the assembly frame at least in part by engagement of the locking element with rigid connection member.
Reh Aguirre De Carcer teaches wherein:
the attachment system comprises: a rigid connection member (projection 150) connected to the assembly frame (connector end 146), and a locking element (keyed connector 116) pivotally connected to the hydrofoil; and
the hydrofoil (front wing 108) is selectively maintained connected to the assembly frame (connector end 146) at least in part by engagement of the locking element (keyed connector 116) with rigid connection member (projection 150).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the rigid connection member and locking element of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 10, Giroux et al. teaches a watercraft of claim 9. Giroux et al. does not teach wherein: the locking element comprises: an element body defining a slot therein, and a handle portion connected to the element body; and the rigid connection member comprises: a stem, and a distal end portion connected to the stem, the distal end portion having a greater width than the stem.
Reh Aguirre De Carcer teaches wherein: the locking element (keyed connector 116) comprises: an element body (body 126) defining a slot therein, and a handle portion (projection 136) connected to the element body (body 126); and the rigid connection member (projection 150) comprises: a stem, and a distal end portion connected to the stem, the distal end portion having a greater width than the stem (as seen in Figure 5).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the rigid connection member and locking element of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 11, Giroux et al. teaches a watercraft of claim 10. Giroux et al. does not teach wherein:
at least a first portion of the slot is wider than a width of the distal end portion, permitting the distal end portion to pass through the first portion; and
at least a second portion of the slot, opposite the first portion, is wider than a diameter of the stem and narrower than the width of the distal end portion, preventing the distal end portion from passing through the second portion.
Reh Aguirre De Carcer teaches wherein:
at least a first portion of the slot (groove 128) is wider than a width of the distal end portion, permitting the distal end portion to pass through the first portion; and
at least a second portion of the slot (socket 129), opposite the first portion, is wider than a diameter of the stem and narrower than the width of the distal end portion, preventing the distal end portion from passing through the second portion.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the locking element of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 12, Giroux et al. teaches a watercraft of claim 11. Giroux et al. does not teach wherein:
the locking element is selectively rotatable between at least an unlocked position and a locked position; in the unlocked position, the first portion of the slot is aligned with the rigid connecting member, such that the hydrofoil is selectively removable from the assembly frame;
and in the locked position, with the rigid connecting member being engaged with the locking element, the second portion of the slot is aligned with the rigid connecting member, such that the hydrofoil is prevented from being removed from the assembly frame.
Reh Aguirre De Carcer teaches wherein:
the locking element (keyed connector 116) is selectively rotatable between at least an unlocked position and a locked position; in the unlocked position, the first portion of the slot (groove 128) is aligned with the rigid connecting member (projection 150), such that the hydrofoil (front wing 108) is selectively removable from the assembly frame (connector end 146);
and in the locked position, with the rigid connecting member (projection 150) being engaged with the locking element (keyed connector 116), the second portion of the slot (socket 129) is aligned with the rigid connecting member (projection 150), such that the hydrofoil (front wing 108) is prevented from being removed from the assembly frame (connector end 146).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the rigid connection member and locking element of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 14, Giroux et al. teaches a watercraft of claim 10. Giroux et al. does not teach wherein, when the rigid connecting member is inserted in the locking element, the stem passes through the slot.
Reh Aguirre De Carcer teaches wherein, when the rigid connecting member (projection 150) is inserted in the locking element (keyed connector 116), the stem passes through the slot (groove 128).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the rigid connection member and locking element of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 20, Giroux et al. teaches a lift-propulsion system 50 for a watercraft, comprising:
a mast 52 connected to a buoyant body 12 of the watercraft, the mast having a proximal end and a distal end, the mast extending from a lower side of the buoyant body 12;
a lift-propulsion assembly 60 comprising: an assembly frame 80 connected to the distal end of the mast; and
a propulsion unit 64 for providing thrust to the watercraft, the propulsion unit being connected to the assembly frame 80.
Giroux et al. does not teach:
a hydrofoil for providing lift to the watercraft, the hydrofoil being selectively connected to the assembly frame; and
a manually-operable attachment system connecting the hydrofoil to the assembly frame.
Reh Aguirre De Carcer teaches
a hydrofoil (front wing 108) for providing lift to the watercraft, the hydrofoil being selectively connected to the assembly frame (connector end 146); and
a manually-operable attachment system connecting the hydrofoil (front wing 108) to the assembly frame (connector end 146).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the lift-propulsion assembly of Giroux et al. with the selectively connected hydrofoil and manually-operable attachment system of Reh Aguirre De Carcer in order to make maintenance easier and give greater flexibility to the operator.
Claim(s) 13 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giroux et al. (US20230382496 in view of Reh Aguirre De Carcer (US20220258837).
In regard to claim 13, Giroux et al. teaches a watercraft of claim 10. Giroux et al. does not teach wherein the handle portion is accessible on a lower side of the hydrofoil.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the location of the handle portion of the hydrofoil of Giroux et al in order to provide a means for the operator to lock or unlock the hydrofoil of Giroux et al., since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
In regard to claim 16, Giroux et al. teaches a watercraft of claim 1, wherein: the hydrofoil (hydrofoil 62 is composed of front foil 90 and rear foil 92) is a front hydrofoil (in this case front foil 90); and the lift-propulsion assembly 60 further comprises a rear hydrofoil (in this case rear foil 92) connected to the assembly frame 80, the rear hydrofoil (rear foil 92) being disposed rearward of the front hydrofoil (front foil 90) when the front hydrofoil is selectively connected to the assembly frame 80.
In regard to claim 17, Giroux et al. teaches a watercraft of claim 1, wherein the lift-propulsion assembly 60 further comprises an electric motor 76 for driving the propulsion unit 64.
In regard to claim 18, Giroux et al. teaches a watercraft of claim 1, wherein the lift-propulsion system 50 further comprises an electrical assembly 82 supported by the buoyant body 12, the electrical assembly 82 comprising: a battery 84 for powering the electric motor 76; and an inverter 86 in electrical communication between the battery 84 and the electric motor 76.
In regard to claim 19, Giroux et al. teaches a watercraft of claim 1, wherein the propulsion unit 64 comprises one of a propeller 70 and an impeller (as described in the following; “In some embodiments, the propulsion unit comprises one of a propeller and an impeller" [0016 & 0045]).
[AltContent: textbox (Figure 6- ReplacementScrews Figure 1)]Claim(s) 11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giroux et al. (US20230382496) in view of ReplacementScrews.
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In regard to claim 11, Giroux et al. teaches a watercraft of claim 10. Giroux et al. does not teach wherein:
at least a first portion of the slot is wider than a width of the distal end portion, permitting the distal end portion to pass through the first portion; and
at least a second portion of the slot, opposite the first portion, is wider than a diameter of the stem and narrower than the width of the distal end portion, preventing the distal end portion from passing through the second portion.
ReplacementScrews teaches a connector wherein:
at least a first portion of the slot is wider than a width of the distal end portion, permitting the distal end portion to pass through the first portion; and
at least a second portion of the slot, opposite the first portion, is wider than a diameter of the stem and narrower than the width of the distal end portion, preventing the distal end portion from passing through the second portion.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the locking element configuration of ReplacementScrews in order to make maintenance easier and give greater flexibility to the operator.
In regard to claim 15, Giroux et al. teaches a watercraft of claim 12. Giroux et al. does not teach wherein the locking element is rotatable about an axis perpendicular to a bottom surface of the hydrofoil between the locked position and the unlocked position.
ReplacementScrews teaches wherein the locking element is rotatable about an axis perpendicular to a bottom surface between the locked position and the unlocked position.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the watercraft and lift-propulsion assembly of Giroux et al. with the locking element of ReplacementScrews in order to make maintenance easier and give greater flexibility to the operator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL KENNETH P FIGUEROA whose telephone number is (571)270-0397. The examiner can normally be reached 0800-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached at 5712724530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.P.F./Examiner, Art Unit 3615
/MARC BURGESS/Primary Patent Examiner, Art Unit 3615
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