DETAILED ACTION
This is a Non-Final action on the merits of application 18841334.
Claims 1-20 are pending.
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.
Claim(s) 1-7, 12-15, 17-18 is/are rejected under 35 U.S.C. 102a as being anticipated by Sewell WO 2020243769.
Claim 1, Sewell discloses a power and control module for a watercraft propulsion system [Abstract] having an electric motor unit [32/34], the module comprising: a housing [14] having a first surface [42] including a first region for receiving an appendage [16] supporting or containing the electric motor unit [32/34] and a second surface including a second region for contacting an underside of a hull of a watercraft [where 14 contacts 12]; an electrical power source [batteries 43] located within the housing [42]; and an electrical interface for completing an electrical circuit [0014] including the electrical power source [43] and the electric motor unit [32]. See figs. 1-4 [0014], [0054-0058]
Claim 2, Sewell discloses control electronics [66] located within the housing [68], the control electronics operably associated with the electrical power source [43] to control an operational power of an electric motor [32] of the electric motor unit [32/34]. See Abstract and [0061].
Claim 3, Sewell discloses wherein the control electronics [66] includes a receiver [38] for receiving a command signal communicated by a transmitter [inherent] of an external controller module [34]. See [0059]
Claim 4, Sewell discloses wherein the receiver [38] is a wireless receiver and wherein the external controller module [34] is a wireless transmitter [inherent to wireless receiver]. See [0059]
Claim 5, Sewell discloses wherein the housing [14] includes a body having plural through holes for receiving a respective fastener therethrough for securing the appendage to the hull via the power and control module in use. See [0027, 0029, 0061] figs. 4-5
Claim 6, Sewell discloses wherein the body is a generally brick-shaped element, wherein the first surface is an upper or top surface of the body, and wherein the second surface is a lower or underside surface of the body. See fig. 1
Claim 7, Sewell discloses the plural through holes have a mapping which corresponds with a mapping of plural holes located on the underside of the hull. [holes must inherently map to a corresponding location to secure the fasteners] See fig. 1 [0061]
Claim 12, Sewell discloses a housing [14] having a first surface [42] including a first region for receiving an appendage [16] supporting or containing an electric motor unit [32/34] and a second surface including a second region for contacting an underside of a hull of a watercraft [where 14 contacts 12]; an electrical power source [43] located within the housing [42] and an electrical interface for completing an electrical circuit including the electrical power source and the electric motor unit [32/34]; and the appendage mechanically attached to the first region of the power and control module; and the electric motor unit mechanically attached to the appendage and electrically connected to the electrical interface of the power and control [34] module. See figs. 1-4 [0014], [0054-0058]
Claim 13, Sewell discloses a housing having a first surface including a first region for receiving an appendage supporting or containing an electric motor unit and a second surface including a second region for contacting an underside of a hull of a watercraft; an electrical power source located within the housing; and an electrical interface for completing an electrical circuit including the electrical power source and the electric motor unit; and the electric motor unit electrically connected to the electrical interface of the power and control module. See figs. 1-4 [0014], [0054-0058]
Claim 14-15, Sewell discloses a controller [34] located within an interior compartment of the housing [42], the controller being operatively associated with the electrical power source [43] to control an operational power of an electric motor [32] of the electric motor unit depending on wireless command signals transmitted by a transmitter of an external control module, wherein the controller includes a wireless receiver for receiving the wireless command signals, said wireless receiver including an antenna [inherent], and wherein the second surface includes a window which is transmissive to the wireless command signals to provide a signal propagation path which allows the wireless command signals to be received by the antenna, and wherein the power and control module is positioned and retained between the appendage and the underside of the hull of the watercraft.. See [0014-0016, 0059]
Claim 17, Sewell discloses wherein the watercraft is a surfboard or a kayak [0029] and wherein the appendage is a fin having an integrated electric motor unit. See fig. 1
Claim 18, Sewell discloses hull having an underside and an upper side or deck [12]; a power and control module [34] located on the underside of the hull, the power and control module comprising: a housing [14] having a first region for receiving an appendage [16] in a downwardly depending orientation from the housing, the appendage for supporting or containing an electric motor unit [32/34]; an electrical power source [43] located within the housing [42]; an electrical interface for completing an electrical circuit including the electrical power source and the electric motor unit; and control electronics located within the housing, the control electronics operably associated with the electrical power source to control an operational power of the electric motor unit, the control electronics including a receiver having an antenna [inherent] for receiving a wireless command signal communicated by a transmitter of an external controller module through the hull of the watercraft [10]. See figs. 1-4 [0014], [0054-0061]
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.
.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sewell et al.
Claim 16, Sewell discloses the watercraft [10] is a foiling surf or a paddle board [12] and wherein the appendage [16] is a foiling unit having a mast to which the electric motor unit [32/34] is attached, he does not disclose for slidable adjustment there along. However, it has been held that a change in location is of ordinary skill, sliding up or down the placement of the motor on the mast 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 to have the limitation based on the water depth to prevent from running aground.
Claim(s) 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sewell et al. and further in view of Cohen US 20220024548.
Claim 8-9, Sewell discloses the aforementioned limitations of claim 1, he does not disclose wherein the housing includes a nose section, the nose section being removable from a body of the housing to access an interior compartment of the housing or the nose section is shaped to improve hydrodynamic flow over the body of the housing in use. Cohen discloses this in fig, 3 see [112]. Thus, it 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 to have modified Sewell with Cohen to provide means of easy access to the compartment and to improve hydrodynamic flow via the shape shown in fig. 3
Claims 10-11, Sewell discloses the aforementioned limitations of claim 1, he does not disclose wherein the housing includes an aft section, the aft section being removable from a body of the housing to access an interior compartment of the housing or wherein the removable aft section is shaped to improve hydrodynamic flow over the body of the housing in use. But since we established that modifying Sewell with Cohen discloses claims 8-9, these claims are just the opposite limitations of claims 8-9. It has been held that a reversal of parts or location is of ordinary skill, thus it 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 to have modified Sewell with Cohen to provide means of easy access to the compartment and to improve hydrodynamic flow via the shape shown in fig. 3 via just reversal of parts and location.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sewell et al. and further in view of Bachev EP 4707161.
Claims 19-20 Sewell discloses the aforementioned limitations of claim 18, he does not disclose wherein the housing includes a window which is transmissive to wireless signals transmitted by the external controller, said window being in contacting relationship with the underside of the hull, wherein the window and hull provide a signal propagation path which allows the wireless signals to be received by the antenna or the second surface includes a window which is transmissive to wireless signals, and wherein the wireless receiver includes an antenna for receiving the wireless signals communicated through the window, said wireless signals transmitted by the external controller module. However, Bachev discloses a waterboard with hydrofoil with the limitations of using wireless technology and a window for transmission of signals, see [0055]. Thus, it 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 to have modified Sewell with Bachev to use wireless communication via a window for data transmission ease of use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited are relevant because they are waterboards with hydrofoils.
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/JOVON E HAYES/Examiner, Art Unit 3615
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