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 are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “20” has been used to designate both first mounting plates and nut (Fig. 2A). 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. 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 § 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 1-9, 10-15 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.
Claim 1 recites the limitation "the top" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1, line 3, “a transom of a boat” – is it the same as in line 1?
Claim 1 recites the limitation "the height" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "said first support plate" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the bottom position" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the top" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 10, line 3, “a transom of a boat” – is it the same as in line 1?
Claim 10 recites the limitation "said first support plate" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the height" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the top" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 16, line 3, “a transom of a boat” – is it the same as in line 1?
Claim 16 recites the limitation "the height" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "said first support plate" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 17, line 5, it is not clear what applicant meant by “drawings”?
Claim 18 recites the limitation "the bottom" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the bottom position" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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) 1-2, 5-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,013,249 to Meyer et al. (Meyer).
Regarding claim 1, Meyer ‘249 discloses an apparatus (Figs. 4-5) for mounting an outboard motor to a transom of a boat, the apparatus comprising: first mounting plates (243) configured to connect to a transom of a boat; second mounting plates (245) positioned opposite to the first mounting plates, wherein the second mounting plates receive an outboard motor at the top; connecting plates (225) connecting the first mounting plates and the second mounting plates; an actuator (261, 271) drawn through the first mounting plates and the connecting plates; a spring member (275) operatively connected to the actuator and positioned between the first mounting plates and the second mounting plates, wherein the actuator is operated to raise or lower the second mounting plates via the spring member and the connecting plates with respect to the first mounting plates to adjust the heigh of the outboard motor positioned over the second mounting plates.
Regarding claim 2, Meyer ‘249 discloses wherein the actuator comprises a first section (261) and a second section (271) extending perpendicularly from the first section, wherein the first section draws through said first mounting plates and the connecting plates.
Regarding claim 5, Meyer ‘249 discloses wherein the first mounting plates comprises a plurality of holes ( 231, 237 -fasteners in holes) positioned at different heights, and wherein the plurality of holes is configured to receive a first rod.
Regarding claim 6 (see 112 rejections), Meyer ‘249 discloses wherein the first rod inserts in the plurality of holes such that the connecting plates position over the first rod defining the bottom position of the second mounting plates with respect to the first mounting plates.
Regarding claim 7, Meyer ‘249 discloses wherein the first mounting plates (243) comprises L-shaped plates (see Fig. 5).
Regarding claim 8, Meyer ‘249 discloses wherein the second mounting plates (245) comprise L-shaped plates (see Fig. 5).
Regarding claim 9, Meyer ‘249 discloses support members (290, 292) positioned adjacent to the first mounting plates to lock the connecting plates to the first mounting plates.
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, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Meyer ‘249.
Concerning method claims 16, and 18-20, in view of the structure discloses by Meyer ‘249, the method of providing an apparatus for mounting an outboard motor to a boat would have been obvious, since it is the normal and logical manner in which the device would be used. If a prior art device, in its normal and usual operation, would be necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will perform the claimed process.
Allowable Subject Matter
Claims 3-4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 3, the prior art fails to disclose wherein the support plate comprises a ring and the actuator further draws through the ring.
Claims 10-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding claim 10, the prior art fails to disclose wherein the first section draws through the first mounting plates, connecting plates and the ring.
Claim 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art fails to disclose a method of providing a support plate having a ring with an actuator through the first mounting plates and connecting plates and the ring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 9,022,342 – mount / lift
U.S. Patent No. 4,757,971 – outboard motor lift
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TODD M. EPPS whose telephone number is (571) 272-8282. The examiner can normally be reached Monday-Friday 8am - 5pm.
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/TODD M EPPS/Primary Examiner, Art Unit 3632 March 19, 2026