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 .
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.
Claim(s) 1-2, 9-10, 21 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Bruneau et al (US 2023/0084989). With respect to claims 1-2, Bruneau et al disclose the claimed watercraft with a hull 14, a deck 12 supported by the hull, a propulsion system 11 supported by the hull and configured to propel the watercraft, an electric motor 16 operatively connected to the propulsion system to drive the propulsion system, a battery 18 electrically connected to the electric motor for powering the electric motor and a heat exchanger supported by the hull with first and second cooling channels and first and second cooling circuits (Figure 2) in thermal communication with the electric motor 16 and battery 18. With respect to claims 9-10, note Bruneau et al, 132, 40, 1588, Figure 2. With respect to claim 21, note Bruneau et al, Figure 1.
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) 11-12 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bruneau et al (US 2023/0084989) in view of Menard et al (US 6544085). With respect to claims 11-12, 22, Bruneau et al do not disclose a ride plate heat exchanger with layers. Menard et al teaches a ride plate with a layered heat exchanger 16, 90. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Bruneau et al with a heat exchanging ride plate and the heat exchanger having layers as taught by Menard et al for reduced drag and increased efficiency. The combination combines known features to achieve predictable results. Further, note that a person of ordinary skill in the art before the effective filing date of the claimed invention would have years of experience and advanced degrees and would have been familiar with various personal watercraft cooling systems and would have been familiar with ride plate cool exchangers and would have found the combination to have been obvious.
Claims 3-8, 13-20 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gagnon et al (US 2023/0075946) show a personal watercraft.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN AVILA whose telephone number is (571)272-6678. The examiner can normally be reached Mon-Thu 6-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Q. 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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STEPHEN AVILA
Primary Examiner
Art Unit 3617
/STEPHEN P AVILA/Primary Examiner, Art Unit 3615
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