DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This application is a Continuation-in-Part of Application No. 12/122402.
Claims 1-20 are pending in the application.
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 claimed feature limitation: “anhedral root sections” must be shown (it is suggested that such be shown with an appropriate reference character corresponding to the feature(s) in the specification) or the feature(s) canceled from the claim(s). Appropriate correction is required.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the above feature(s) (with appropriate reference characters corresponding to the feature(s) in the written description) consistent with the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
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. No new matter should be entered.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Specification
The disclosure is objected to because of the following informality:
The Specification does not refer to the drawings regarding the feature indicated in paragraphs 4 and 5 of this Office Action.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
9. The following is a quotation of 35 U.S.C. 112(b):
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.
10. Claims 12 and 15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor, regards as the invention.
11. The phrase “and/or” does not make clear that which is included or excluded.
Claim Rejections - 35 USC § 102
12. 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.
As best understood by the examiner, claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D1: US 7191725 B2 (LOUI et al.).
Regarding claims 1-10, D1 is considered to disclose all claimed features as recited and configured, including a watercraft system, comprising: a lifting body (Fig. 8), including: two opposing lateral portions (adjustable control fin) [54] extending laterally outward and aft from a central section [48]; and the two opposing lateral portions [54] generate a greater amount of dynamic lift than the central section [48], all configured as generally claimed. Regarding claim 6, hull [30] is also considered an aft lifting device. Regarding claim 7, strut is considered forefoot [42]. See specifically Figs. 8 and 14-18 with corresponding written description. Regarding claims 11-20, D1 is considered to disclose all claimed features as recited and configured; lifting body is [48], hydrofoil is [54], and control surfaces can be provided (see also col. 3, lines 50-54). Regarding all claims, see Figs. 1-18 and corresponding written description.
Conclusion
14. The prior art cited and not relied upon is considered pertinent to applicant’s disclosure.
The prior art references cited by the examiner disclose hydrofoils with a variable cross section.
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL V VENNE whose telephone number is (571) 272-7947. The examiner can normally be reached between M-F, 7am-3:30pm Flex. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Q Jimenez, who can be reached at phone number (571) 272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
16. If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (USA OR CANADA) or 571-272-1000.
/Daniel V Venne/
Senior Examiner, Art Unit 3615B
08/13/2026
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