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 August 28, 2024. These drawings are acceptable.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on August 28, 2024, March 17, 2025 and June 4, 2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 1-13, 15-16 and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Perdomo Tornbaum (US 11,827,319).
Perdomo Tornbaum discloses the same marine propulsion system for a marine vessel as claimed, as shown in Figures 1-10, which is comprised of a drive unit, defined as Part #14, 20 or 22, having an upper part and a lower part, where said upper part is pivotable in relation to a marine vessel, defined as Part #10, as shown in Figures 4-7, and said lower part is rotatably connected to said upper part, as shown in Figures 2-3, and is comprised of one or more propellers, defined as Part #18, as shown in Figure 1, a control console or input unit, defined as Part #26, with a steering wheel, defined as Part #30, and a joystick, defined as Part #32, that is configured to receive an activation signal that is indicative of an operation mode for said drive unit, and a control system or unit, defined as Part #12, with a controller, defined as Part #24, that is operatively connected to said drive unit and said control console or input unit, as shown in Figure 1, where said control system or unit is configured to control said drive unit based on an activation signal that is received from said control console or input unit. Said control system or unit, in response to receiving an activation signal for a beach operation mode from said control console or input unit, is configured to rotate said lower part of said drive unit facing aft in relation to said marine vessel, as shown in Figures 4-5, and in response to receiving an activation signal for a swim operation mode from said control console or input unit, is configured to rotate said lower part of said drive unit facing forward in a minimum position of 90 degrees when compared to said aft facing position, as shown in Figures 2-3. Said control system or unit, in response to receiving an activation signal for said beach operation mode from said control console or input unit, is configured to move said drive unit upwards to a reduced draught mode of operation, as shown in Figures 6-7, and in response to receiving an activation signal for said swim operation mode from said control console or input unit, is configured to move said drive unit downwards to a maximum draught position, as shown in Figures 4-5. Said activation signal can be activated by an operator when operating said control console or input unit, as shown in Figure 1, or said activation signal can be automatically generated based on data or signals from a sonar or depth sensor of a detected water depth, as described in lines 3-22 of column 12. When in said swim operation mode, said drive unit is locked in a deactivated position, as shown in Figure 2, until said swim operation mode is deactivated, where said propeller is locked and unable to rotate. When said swim operation mode is deactivated, said lower part of said drive unit is rotated to an operating position before its propeller is allowed to rotate, as shown in Figures 2-3. Said drive unit (14) can be connected with a stern or transom, defined as Part #11, of said marine vessel by means of a mounting or transom bracket, defined as Part #16, as shown in Figure 1.
Perdomo Tornbaum also discloses the same method of operating a marine propulsion system as claimed, as shown in Figures 1-10, said method being comprised of the steps of providing a marine propulsion system or drive unit, defined as Part #14, 20 or 22, on a marine vessel, defined as Part #10, as shown in Figure 1, receiving an activation signal from a control console or input unit, defined as Part #26, for an operation mode for said drive unit, as shown in Figure 1, controlling said drive unit with a control system or unit, defined as Part #12, having a controller, defined as Part #24, as shown in Figure 1, receiving a beach operation mode activation signal, as shown in Figure 1, rotating a lower part of said drive unit with a propeller facing aft in relation to said marine vessel, as shown in Figures 4-5, receiving a swim operation mode activation signal, as shown in Figure 1, rotating said lower part of said drive unit at least facing forward in a minimum position of 90 degrees when compared to said aft facing position, as shown in Figures 2-3, moving said drive unit to a reduced draught position in response to said beach operation mode activation signal, as shown in Figures 6-7, and moving said drive unit to a maximum draught position in response to said swim operation mode activation signal, as shown in Figures 4-5.
Allowable Subject Matter
Claims 14 and 17 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.
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 11, 2026
/LARS A OLSON/Primary Examiner, Art Unit 3615B
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