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 .
Priority
The present application, filed 15 August 2024, is a continuation of U.S. Patent App. No. 16/969603, filed 13 August 2020, which is a 371 National Stage entry of PCT/GB2019/050323, having a filing date of 06 February 2019, which in turn claims priority to U.K. Patent App. Nos. 1085449.4, having a filing date of 03 April 2018, and 1802321.8, having a filing date of 13 February 2018.
Claim Objections
Claims 1 and 6 are objected to because of the following informalities:
Regarding claim 1, Applicant claims: “a ramp at the low portion via which a casualty can board the lifeboat….” The examiner notes that Applicant has already claimed “a casualty” previously in claim 1. As such, the examiner recommends amending this limitation to recite: “a ramp at the low portion via which the casualty can board the lifeboat….”
Claim 6 similarly claims “a casualty,” and is similarly objected to.
Appropriate correction is required.
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 4 and 5 are 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.
Regarding claim 4, Applicant claims: “wherein the material of the ramp is tacky or has an enhanced frictional surface.” The examiner asserts that both the limitations of “wherein the material of the ramp is tacky” and “enhanced frictional surface” each render the claim indefinite for different reasons. Regarding the limitation of “wherein the material of the ramp is tacky,” the examiner asserts that the use of the term “tacky” renders the claim indefinite, as a material being “tacky” is subjective, and as such the metes and bounds of the claim would change based on a person’s definition of something “feeling tacky.” Regarding the limitation of “enhanced frictional surface,” the examiner asserts that “enhanced frictional surface” is relative terminology. The specification does not provide any metric by which to determine if a surface is an “enhanced frictional surface,” nor is it clear how the “frictional surface” is being “enhanced.” It is further unclear because the specification does not provide any definition of what a “frictional surface” is. For the sake of examination, the examiner is interpreting this claim to mean a “material with a high coefficient of friction.”
Regarding claim 5, Applicant claims: “wherein the ramp comprises a series of cross bars of a readily gripped diameter.” The examiner asserts that the limitation of “readily gripped diameter” renders the claim indefinite, as it is unclear what the metes and bounds of “readily gripped” are. Something that is “readily gripped,” e.g., by a toddler, is vastly different from something that is “readily gripped” by a grown adult man. The examiner further notes that it is unclear what the bars would be gripped by, rendering the claim indefinite.
Claim Rejections - 35 USC § 102
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kern (US 20080202405 A1), hereafter Kern.
Regarding claim 1, Kern discloses a lifeboat, comprising:
A low portion of a gunwale or transom of the hull via which a casualty can haul him/herself or be hauled aboard (0067, A vessel including the launch/recovery device 410 upon commencing a recovery process, can open doors positioned on its hull/transom to expose the launch/recovery device 410); and
A ramp at the low portion via which a casualty can board the lifeboat, wherein the ramp has a powered conveyor for hauling the casualty aboard (0050, Fig. 2A shows a perspective view of this embodiment of the launch/recovery device 10, including load bearing slats extending from one side rail to the other and fitted with high wet-traction material for a recovered vessel to ride on … the slats and sliders are pulled along a belt path by cables on both sides, synchronized by driven toothed wheels located at a forward or driving end of the ramp 10, see also Fig. 2B),
Wherein the ramp has an open or aperture structure that allows water flow through the ramp (0050, in certain embodiments, the plurality of wet-traction members 55 are spaced s such that the surface area defined between the two spaced side rails 50 includes about 10% aperture area and the remaining 90% surface area is defined by the plurality of wet-traction members. In other embodiments, the plurality of wet-traction members 55 are spaced such that the surface area includes about 60% aperture area and the remaining 40% of the surface area is defined by the wet-traction members).
Regarding claim 2, Kern discloses the lifeboat as claimed in claim 1, and further discloses wherein the ramp is adapted for lowering of its distal end into the water and/or extension beyond the transom for casualty recovery (0067, A vessel including the launch/recovery device 410 upon commencing a recovery process, can open doors positioned on its hull/transom to expose the launch/recovery device 410… Once the launch/recovery device 410 is properly positioned, the device is extended into the water, see also at least Figs. 1 and 18A-D).
Regarding claim 3, Kern discloses the lifeboat as claimed in claim 1, and further discloses wherein the ramp is adapted for raising the distal end from the water and/or retraction within the transom when under way (0067, A vessel including the launch/recovery device 410 upon commencing a recovery process, can open doors positioned on its hull/transom to expose the launch/recovery device 410, see also at least Fig. 1, Examiner's note, the examiner asserts that, since the recovery device is stowed before it commences a recovery process, it would therefore be stowed while under way, i.e., traveling towards the recovery location).
Regarding claim 4, Kern discloses the lifeboat as claimed in claim 1, and further discloses wherein the material of the ramp is tacky or has an enhanced frictional surface (0052, the outer wet-traction providing layer 90 is formed of a material that can provide traction, i.e., prevent/minimize slippage, between the launch/recovery device 10 and the water vehicle 20 or 25. As a result, no tow line is required to pull or guide the water vehicle 20 or 25 up or down the launch/recovery device 10 at least because the launch/recovery device includes means for gripping the water vehicle and moving it along the inclined path… An example of a material that can provide wet-traction is an elastomer, such as a rubber, especially a nitrile based rubber, another example includes sandpaper).
Regarding claim 5, Kern discloses the lifeboat as claimed in claim 1, and further discloses wherein the ramp comprises a series of cross bars of a readily gripped diameter (0050, Fig. 2A shows a perspective view of this embodiment of the launch/recovery device 10, including load bearing slats extending from one side rail to the other and fitted with high wet-traction material for a recovered vessel to ride on… The launch/recovery device 10 includes a pair of spaced side rails 50 and a plurality of wet-traction members 55 that extend distance d between the pair of spaced side rails 50… the plurality of wet-traction members 55 are spaced s so as to form apertures that water can pass through).
Regarding claim 6, Kern discloses the lifeboat as claimed in claim 1, and further discloses wherein the ramp is a continuous ramp having formations by which a casualty can grip the ramp surface or be gripped by it (0052, the outer wet-traction providing layer 90 is formed of a material that can provide traction, i.e., prevent/minimize slippage, between the launch/recovery device 10 and the water vehicle 20 or 25. As a result, no tow line is required to pull or guide the water vehicle 20 or 25 up or down the launch/recovery device 10 at least because the launch/recovery device includes means for gripping the water vehicle and moving it along the inclined path… in some embodiments, the wet-traction providing layer 90 can be textured to include raised protuberances, ridges, or forms such as micro-siping that provide additional grip).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Witbeck (US 9843198 B1) teaches a boat having a ramp that extends into the water, wherein the ramp opens towards the transom of the boat.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAKE A WOOD whose telephone number is (571)272-6830. The examiner can normally be reached M-F, 8:00 AM to 4:30 PM Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Worden can be reached at (571) 272-4876. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BLAKE A WOOD/ Examiner, Art Unit 3658